This is NOT “theft”. It does not meet the legal definition. Their attorney should have them plead not guilty to “theft
and let it go to trial. A skilled attorney would win the case. Prosecutors are really stupid these days.
Did they believe it was their property? Probably not. They would be severely “challenged” to believe it was theirs. Did they still believe it was their property after the bank and the police told them it was a bank error?
Did they offer to give it back in some way?
Unless they can convince a jury they are going to prison. And they still will be responsible for restitution.
It won’t be a controversial case. Morally, ethically or by any real public standard.
DK
it is theft
Pennsylvania Statutes Title 18 Pa.C.S.A. Crimes and Offenses § 3924. Theft of property lost, mislaid, or delivered by mistake
https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3924.html
credit to leave it to Beaver found property episode..
A skilled attorney might cost $100,000, and there is still a risk of losing.
It is fraud. And is taking something that isn’t yours
“Theft is defined as the physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanenly...”
So actually it is theft. The money doesn’t belong to the bank but to the person who deposited it
There was an incident several years ago where a bank ATM gave out more twenties than it recorded giving out. The people who kept the money without reporting it were fined.
There are cameras in there, folks. Not to mention technological methods for finding out who kept the money.
“This is NOT “theft”. It does not meet the legal definition.”
You are so wrong.
2005 Arizona Revised Statutes - Revised Statutes §13-1802 Theft; classification
Agreed. A good lawyer can easily prove it was not theft, and settle a repayment over 10 years at 0% interest.