• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

A question about an unexpected deposit

Superfly said:
OK. My son has a friend who woke up this morning to $20,000 in his bank account. Last night he only had $50. He called the bank to find out where the money came from, and they told him it was from the VA. He is not a Vet, nor is his girlfriend. The closest anyone in the military is to these guys is the girlfriend's ex-boyfriend. The bank can't do anything, because the money was sent to the proper routing number, proper account number. He then calls the VA and can't get anyone from the VA - only automated numbers. I know that eventually he will find someone who will talk to him, but the automated number keeps verifying his routing number and account number as correct.

Now, we know that the money does not belong to this guy, but if he tries to give the money back and no one realizes the error, what should he do? Hopefully, eventually he'll get a human on the phone and they can get everything straightened out. What he doesn't realize is that this is felony fraud, and he will serve time in prison if he spends this money, knowing it's not his. Any ideas? What's the statute of limitations on something like this? If he keeps it in his account for a year and no one comes back for it, is it his?
Click to expand...

Technically if he spent the money it'd be misappropriation, not fraud (b/c he never made false representations to anyone in order to acquire the money, it was thrust upon him accidentally). The statute of limitations varies on this sort of thing, but generally speaking if one finds property and makes reasonable efforts to return it to the rightful owner, after x amount of time he or she can keep the thing. To find out what x is, and what constitutes reasonable effort, he should probably spend 20 minutes talking to a lawyer in his area.
 
Superfly said:
OK. My son has a friend who woke up this morning to $20,000 in his bank account. Last night he only had $50. He called the bank to find out where the money came from, and they told him it was from the VA. He is not a Vet, nor is his girlfriend. The closest anyone in the military is to these guys is the girlfriend's ex-boyfriend. The bank can't do anything, because the money was sent to the proper routing number, proper account number. He then calls the VA and can't get anyone from the VA - only automated numbers. I know that eventually he will find someone who will talk to him, but the automated number keeps verifying his routing number and account number as correct.

Now, we know that the money does not belong to this guy, but if he tries to give the money back and no one realizes the error, what should he do? Hopefully, eventually he'll get a human on the phone and they can get everything straightened out. What he doesn't realize is that this is felony fraud, and he will serve time in prison if he spends this money, knowing it's not his. Any ideas? What's the statute of limitations on something like this? If he keeps it in his account for a year and no one comes back for it, is it his?
Click to expand...
It will never be his. Do not touch it.

There is currently a series of pay errors going out to vets, members of my own platoon included. It's a bonus for moltiple deployments and the amount can vary greatly. Soldiers who are not entitled to this bonus are recieving it, some much more than others.

I need to stress what kind of a finamchial mess you will be in if you touch this money. Don't do anything with it. Leave it alone and begin using another account. The felony charge is the least of your worries since this isn't your fault.

If you touch it, it will be counted as income and you will have to pay taxes on it imediatly. It will move you up in the tax brackets. They WILL come looking for it, they WILL get all $20,000 back and good luck getting a refund if you've paid taxes on it.

Do not touch this money.

Contact your congresman or senator for guidance.
 
Last edited:
Superfly said:
that's what I was thinking! :lol:
Click to expand...

Also, it just occurred to me that normal rules for misappropriation probably don't apply in this situation because he knows who the rightful owner is.
 
Superfly said:
OK. My son has a friend who woke up this morning to $20,000 in his bank account. Last night he only had $50. He called the bank to find out where the money came from, and they told him it was from the VA. He is not a Vet, nor is his girlfriend. The closest anyone in the military is to these guys is the girlfriend's ex-boyfriend. The bank can't do anything, because the money was sent to the proper routing number, proper account number. He then calls the VA and can't get anyone from the VA - only automated numbers. I know that eventually he will find someone who will talk to him, but the automated number keeps verifying his routing number and account number as correct.

Now, we know that the money does not belong to this guy, but if he tries to give the money back and no one realizes the error, what should he do? Hopefully, eventually he'll get a human on the phone and they can get everything straightened out. What he doesn't realize is that this is felony fraud, and he will serve time in prison if he spends this money, knowing it's not his. Any ideas? What's the statute of limitations on something like this? If he keeps it in his account for a year and no one comes back for it, is it his?
Click to expand...

I'd set it aside, call the police, tell them the situation and then let them deal with it. If they can't solve it after a time limit I think it's his. At least that way he's made the po-po responsible in a documented fashion instead of his self.
 
Gipper said:
No, it's not fraud unless you received the money under false pretenses due to actions on your (the receiver) part. If it wasn't a loan or a contractual agreement of some sort, it's his. He is under no obligation to return the money.

If the money was received through deceit, it's fraud. If it was received by accident, it's a gift.
Click to expand...

Is this the level of ethics that guide your life?
 
AlabamaPaul said:
I'm not sure it is... :(
Click to expand...

meh... I like knowing what people are like whether I agree with it or not. Then I know how close to have them in my life. I'd rather know than not know. And now that I know, I'd not let this guy within 100 yards of me and instead let his selfish and unethical guidelines have him pick-pocketing someone else.

Funny that he claims to be a Libertarian and then touts, in fact, brags about having the ethics of a this kind of societal moocher. That's not like the Libertarians I know.
 
Last edited:
poweRob said:
meh... I like knowing what people are like whether I agree with it or not. Then I know how close to have them in my life. I'd rather know than not know. And now that I know, I'd not let this guy within 100 yards of me and let him pick-pocket someone else.
Click to expand...

The only issue is, how well do you really know those with whom you interact on a daily basis?
 
AlabamaPaul said:
The only issue is, how well do you really know those with whom you interact on a daily basis?
Click to expand...

You always have to start out with a certain level of trust in others else you'd never open your front door. From then on that level is earned whether it goes up or down as in this case.
 
poweRob said:
You always have to start out with a certain level of trust in others else you'd never open your front door. From then on that level is earned.
Click to expand...

And there are times when you are given no choice...
 
poweRob said:
meh... I like knowing what people are like whether I agree with it or not. Then I know how close to have them in my life. I'd rather know than not know. And now that I know, I'd not let this guy within 100 yards of me and instead let his selfish and unethical guidelines have him pick-pocketing someone else.

Funny that he claims to be a Libertarian and then touts, in fact, brags about having the ethics of a this kind of societal moocher. That's not like the Libertarians I know.
Click to expand...

Likening me to a pickpocket in this situation is disingenuous at best. Libertarians don't flaunt the law, but they're not always the "do the right thing" crowd either.

You're a liberal. You should side with me in that aspect.
 
AlabamaPaul said:
And there are times when you are given no choice...
Click to expand...

Very true. There's no way to go through life and never get burned but the more you close off to try and not get burned, the less bridges you build that could take you somewhere, like a cool friendship. Gotta find a balance your comfortable with.
 
poweRob said:
Very true. There's no way to go through life and never get burned but the more you close off to try and not get burned, the less bridges you build that could take you somewhere, like a cool friendship. Gotta find a balance your comfortable with.
Click to expand...

True as well... :peace
 
Gipper said:
Likening me to a pickpocket in this situation is disingenuous at best. Libertarians don't flaunt the law, but they're not always the "do the right thing" crowd either.

You're a liberal. You should side with me in that aspect.
Click to expand...

So you think liberals have your ethics? I think not.

I don't think most liberals or most conservatives live by the extremely low level of ethics and lack of respect for other people's property that you just displayed. Most people generally aspire to be better than that. Not all live up to it.
 
specklebang said:
He should not touch the money and he should write real, actual letters to the bank and the VA and if no reply, at least one more followup lettrer. Send them with tracking so he has proof of his purpose.

After a year, he will be safe to withdraw the money as abandoned. The letters will preclude prosecution. Having a talk with his banker, noting the date and time of the talk should also be done. He must show good faith - he might yet get that money but it's CRITICAL to prove you tried to return it.
Click to expand...

And whether the VA eventually takes the money back or not he WILL have to pay taxes on it. Yep, it can sit in the bank for a year and they can correct the mistake but, either way - the IRS will nail him for taxes. He can plan on that. He should plan on that.
 
If he gets to keep the money, it is Federally taxable. I think its a capital gain. And why not? Better than a kick in the hoo-hoo.

The chances of this happening are similar to our planet bumping into Jupiter.


Risky Thicket said:
And whether the VA eventually takes the money back or not he WILL have to pay taxes on it. Yep, it can sit in the bank for a year and they can correct the mistake but, either way - the IRS will nail him for taxes. He can plan on that. He should plan on that.
Click to expand...
 
specklebang said:
If he gets to keep the money, it is Federally taxable. I think its a capital gain. And why not? Better than a kick in the hoo-hoo.

The chances of this happening are similar to our planet bumping into Jupiter.
Click to expand...

It's not taxable unless the payer sends information to the IRS that it was or might be taxable...
 
poweRob said:
So you think liberals have your ethics? I think not.

I don't think most liberals or most conservatives live by the extremely low level of ethics and lack of respect for other people's property that you just displayed. Most people generally aspire to be better than that. Not all live up to it.
Click to expand...

So basically the difference between me and "most liberals/conservatives" is that I'm honest with myself and others.

Also, it's not someone else's property. It's his. The second that the other party hit "send", it was his.
 
Gipper said:
So basically the difference between me and "most liberals/conservatives" is that I'm honest with myself and others.

Also, it's not someone else's property. It's his. The second that the other party hit "send", it was his.
Click to expand...

If that's what you call honesty with yourself... Ok... if that helps you sleep at night.

I don't see anyone else in here regardless of political background believing it's cool to do all they can to squirrel away and hide money that someone else put their sweat into making instead of finding it's rightful owner.
 
poweRob said:
If that's what you call honesty with yourself... Ok... if that helps you sleep at night.

I don't see anyone else in here regardless of political background believing it's cool to do all they can to squirrel away and hide money that someone else put their sweat into making instead of finding it's rightful owner.
Click to expand...

Mistakes come with a price.
 
You must log in or register to reply here.
Back
Top Bottom