Close
Page 7 of 9 FirstFirst ... 23456789 LastLast
Results 61 to 70 of 87
  1. #61
    MODFATHER cstone's Avatar
    Join Date
    Mar 2010
    Location
    Baltimore, MD
    Posts
    7,472

    Default

    Quote Originally Posted by theGinsue View Post
    If you get a product in the mail that you never ordered you get to keep it, why not $$ in your bank account?
    If FedEx delivers your next order (whatever very nice firearm or firearm accessory that might be) to the house down the street, would you like them to fix the mistake or have you eat the loss?

    If your neighbor down the street receives something of value (we are not talking about samples and junk mail), should that neighbor do the right thing and return to sender, or enjoy their unforeseen bounty at some else's expense?

    In this case, the bank was most likely acting in a delivery capacity for a wire transfer. They delivered the cash to the wrong recipient. When the bank went to the address (account holder) where they mistakenly delivered the cash to rectify their mistake, the account holder had misappropriated something of value that did not belong to him.

    There would be both civil and criminal methods to collect the missing money, and like anyone who has been through the justice system can tell you, as slow as the criminal courts are, they are blazingly fast compared to a civil court process.

    What this guy is charged with will have little resemblance to what he is eventually sentenced to in my opinion. He will likely be allowed to plead to a much lesser crime with a restitution agreement enforceable by the court. His earnings (as meager as they may be) will likely be garnished until he wins the lottery.

    Honor is important to some people and a few corporations (but not many).

    Someone once asked me to define the term - theft. Every jurisdiction has a similar way of defining the elements of theft, but I like to define it this way: "When you take something that doesn't belong to you, that is stealing. If you didn't bring it, you don't take it. If you find it, you should try to return it to it's rightful owner." Your opinion about the rightful owner is really not relevant, again IMO.

    I realize there are situations where you can't return everything you find, but that doesn't relieve the finder from what I believe is a moral obligation to try.

    Everyone over the age of 12 gets to make their own decisions on what they believe is right.

    Be safe.
    Corruptissima re publica plurimae leges.

    My Feedback

  2. #62
    More Abrasive Than Sand In Your Crotch tmleadr03's Avatar
    Join Date
    Jul 2011
    Location
    Aurora, CO
    Posts
    3,080

    Default

    Quote Originally Posted by cstone View Post
    If FedEx delivers your next order (whatever very nice firearm or firearm accessory that might be) to the house down the street, would you like them to fix the mistake or have you eat the loss?

    If your neighbor down the street receives something of value (we are not talking about samples and junk mail), should that neighbor do the right thing and return to sender, or enjoy their unforeseen bounty at some else's expense?

    In this case, the bank was most likely acting in a delivery capacity for a wire transfer. They delivered the cash to the wrong recipient. When the bank went to the address (account holder) where they mistakenly delivered the cash to rectify their mistake, the account holder had misappropriated something of value that did not belong to him.

    There would be both civil and criminal methods to collect the missing money, and like anyone who has been through the justice system can tell you, as slow as the criminal courts are, they are blazingly fast compared to a civil court process.

    What this guy is charged with will have little resemblance to what he is eventually sentenced to in my opinion. He will likely be allowed to plead to a much lesser crime with a restitution agreement enforceable by the court. His earnings (as meager as they may be) will likely be garnished until he wins the lottery.

    Honor is important to some people and a few corporations (but not many).

    Someone once asked me to define the term - theft. Every jurisdiction has a similar way of defining the elements of theft, but I like to define it this way: "When you take something that doesn't belong to you, that is stealing. If you didn't bring it, you don't take it. If you find it, you should try to return it to it's rightful owner." Your opinion about the rightful owner is really not relevant, again IMO.

    I realize there are situations where you can't return everything you find, but that doesn't relieve the finder from what I believe is a moral obligation to try.

    Everyone over the age of 12 gets to make their own decisions on what they believe is right.

    Be safe.
    European Auto Repair
    www.bavarianmotorsllc.com
    weaverbmotors@gmail.com
    303-656-9268

    Best way to get in to see me at the shop is to call or email Shannon and make an appointment.

  3. #63
    Celtic Warrior stevelkinevil's Avatar
    Join Date
    Mar 2011
    Location
    Castle freakin Rock CO
    Posts
    958

    Default

    Quote Originally Posted by cstone View Post
    If FedEx delivers your next order (whatever very nice firearm or firearm accessory that might be) to the house down the street, would you like them to fix the mistake or have you eat the loss?

    If your neighbor down the street receives something of value (we are not talking about samples and junk mail), should that neighbor do the right thing and return to sender, or enjoy their unforeseen bounty at some else's expense?

    In this case, the bank was most likely acting in a delivery capacity for a wire transfer. They delivered the cash to the wrong recipient. When the bank went to the address (account holder) where they mistakenly delivered the cash to rectify their mistake, the account holder had misappropriated something of value that did not belong to him.

    There would be both civil and criminal methods to collect the missing money, and like anyone who has been through the justice system can tell you, as slow as the criminal courts are, they are blazingly fast compared to a civil court process.

    What this guy is charged with will have little resemblance to what he is eventually sentenced to in my opinion. He will likely be allowed to plead to a much lesser crime with a restitution agreement enforceable by the court. His earnings (as meager as they may be) will likely be garnished until he wins the lottery.

    Honor is important to some people and a few corporations (but not many).

    Someone once asked me to define the term - theft. Every jurisdiction has a similar way of defining the elements of theft, but I like to define it this way: "When you take something that doesn't belong to you, that is stealing. If you didn't bring it, you don't take it. If you find it, you should try to return it to it's rightful owner." Your opinion about the rightful owner is really not relevant, again IMO.

    I realize there are situations where you can't return everything you find, but that doesn't relieve the finder from what I believe is a moral obligation to try.

    Everyone over the age of 12 gets to make their own decisions on what they believe is right.

    Be safe.
    I agree as well, contrary to the way a couple of folks are trying to paint my feelings on this, for the 3rd time or more I agree what he did was wrong, My point is that banks yelling "thief" is the pot calling the kettle black.
    "Those who would trade liberty for safety deserve neither"

  4. #64
    Varmiteer DocMedic's Avatar
    Join Date
    Feb 2008
    Location
    Colo Sprgs & Pueblo
    Posts
    654

    Default

    He should had invested it in a Wells Fargo Mutual fund, and just collected the interest!

  5. #65
    Guest
    Join Date
    Jun 2011
    Location
    Cheyenne, WY
    Posts
    2,191

    Default

    If my bank posted $69,300 in my account I say *my account* I would probably notify them immediately per the discrepancy. However, it is my account right? I didn't steal anything right? What is in my bank account is mine right? Dont put $69,300 into the wrong account.

    Ultimately, I believe the bank should be more accountable for those types of high dollar transactions.

  6. #66
    Paintball Shooter Heuristic's Avatar
    Join Date
    Jun 2009
    Location
    Pueblo West
    Posts
    48

    Default

    My credit union screwed up and 'mis-deposited' like and additional $85 dollars in my account and you'd thought the DHLS was coming to get me. I didn't even know about it and I had 3 phone calls, emails, and a letter detailing why my account was being dinged.

  7. #67
    Gong Shooter copfish's Avatar
    Join Date
    Jan 2008
    Location
    Pueblo West
    Posts
    367

    Default

    I think cstone hit it out of the park. The kid knowingly took the money. That is theft in any state. Not a fan of banks, but they are a business and they too are bound by laws. They break them and get caught, they get punished. The real question here is why a used Pontiac?

  8. #68
    Industry Partner BPTactical's Avatar
    Join Date
    Dec 2009
    Location
    North Metro
    Posts
    13,965

    Default

    Quote Originally Posted by patrick0685 View Post
    my boss once had 1,000,000 put into his account on accident, he never even knew until the teller called him told him to look at his deposit receipt asked him what it was like to be a millionaire then said they were fixing it.
    Fleeting wealth there..............
    The most important thing to be learned from those who demand "Equality For All" is that all are not equal...

    Gun Control - seeking a Hardware solution for a Software problem...

  9. #69
    Guest
    Join Date
    Jun 2011
    Location
    Cheyenne, WY
    Posts
    2,191

    Default

    Quote Originally Posted by copfish View Post
    I think cstone hit it out of the park. The kid knowingly took the money. That is theft in any state. Not a fan of banks, but they are a business and they too are bound by laws. They break them and get caught, they get punished. The real question here is why a used Pontiac?
    I disagree, you may as well charge the guy with money laundering or extortion.
    This is in no way a crime. It is the banks fault.

  10. #70
    Fallen Member
    Join Date
    May 2010
    Location
    Smyrna, GA
    Posts
    6,748

    Default

    Quote Originally Posted by tmleadr03 View Post
    Once again you are having trouble applying the same standards. Not only to the bank, but to yourself. You came into this thread saying "screw wells fargo". The money was a typo. And the guy stole it when he spent it. Stealing is a crime, perhaps you are not aware of something called the rule of law? Here is a link for you for Colorado: http://www.lawinfoboulder.com/areas_...ion/theft.html Over a certain amount it is a felony. What he did is a felony. I am sorry these concepts are difficult for you pops. Perhaps you should retire now that you have lived such a wide and varied life and leave the thinking to us young whipper snappers.

    I am Sorry but, linking anything with "Boulder" in the name immediately invalidates your argument, any past, present or future points and all of your personal credibility.

    No points awarded and may god have mercy on your soul.


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •