My "friend" needs advice, please

opinions4u

greenface wrote: »

explain doomed

If you place the money in a bank account with the intention of returning it when asked, while you have technically stolen it a court would be unlikely to convict because you could reasonably argue that you were intending to repay it and had the means to do so.

If you dip in to the amount that defence becomes useless as you have clearly spent money that you know not to be yours. A clear theft.

The partner of a former employee of mine did much the same for a similar amount. 18 months sentence. Released after 9 months and hasn't worked since.

withnell

opinions4u wrote: »

If you place the money in a bank account with the intention of returning it when asked, while you have technically stolen it a court would be unlikely to convict because you could reasonably argue that you were intending to repay it and had the means to do so.

I would think they would convict though - its a bit like someone nicking a TV for their own use, but being able to give it back when asked, therefore making it not theft...

RayWolfe

soulsaver wrote: »

You No way illegal.

What about moral?
...... after all, you're the one with the morality monika!!!

Happychappy

Theft occurs when a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it ?

In this case there has been an appropriation as the "friend" has treated the money as their own and put it into an account where the owner cannot access, they have clearly treated it as their own, the defence now or prosecution point to prove or disprove is the intention to permanently deprive ?

Has the property become devalued by the owner losing interest on it ? could this help to prove the intention to deprive.

There are also other possible fraud offences, the sum of £24k negates any possible misunderstanding and belief they were the rightful owner ? a cheque for £5.99 etc may be a mistake, a cheque banked/cashed for £24k is not really expected unless you are a premier league footballer or F1 driver.

LongTermLurker

withnell wrote: »

I would think they would convict though - its a bit like someone nicking a TV for their own use, but being able to give it back when asked, therefore making it not theft...

I disagree. Sticking with your simile, it's more like a shopkeeper delivering two tellies to your house and you signing for both deliveries - sooner or later it will be noticed and you'll be asked to return one, but I don't think the recipient has done anything wrong unless they colluded with either the shopkeeper or the delivery driver.

LongTermLurker

Happychappy wrote: »

Theft occurs when a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it ?

In this case there has been an appropriation as the "friend" has treated the money as their own and put it into an account where the owner cannot access, they have clearly treated it as their own, the defence now or prosecution point to prove or disprove is the intention to permanently deprive ?

In reality, I doubt the bank would go straight to the police; more likely they would write and ask for it back, at which point you would pay them back. In practice, as I said above, they may have already noticed and certainly when two cheques are presented back to them they would probably refuse payment of one and question the bearer as to why they have tried to deposit two cheques, possibly leading to the bearer's accounts being closed.

There are also other possible fraud offences, the sum of £24k negates any possible misunderstanding and belief they were the rightful owner ? a cheque for £5.99 etc may be a mistake, a cheque banked/cashed for £24k is not really expected unless you are a premier league footballer or F1 driver.

very true

sheslookinhot

If your "friend" is an honest person, there can only be one outcome. If you are honest there is only one bit of advice you can give.

roysterer

The way banks are losing money today I suppose 24K is a drop in the ocean.
Give them a taste of there own medicine, they have been robbing us for years.
Deposit it elswhere and dont spend it. If they want it back then charge them for looking after it.

greenface

Happychappy wrote: »

Theft occurs when a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it ?

In this case there has been an appropriation as the "friend" has treated the money as their own and put it into an account where the owner cannot access, they have clearly treated it as their own, the defence now or prosecution point to prove or disprove is the intention to permanently deprive ?

Has the property become devalued by the owner losing interest on it ? could this help to prove the intention to deprive.

There are also other possible fraud offences, the sum of £24k negates any possible misunderstanding and belief they were the rightful owner ? a cheque for £5.99 etc may be a mistake, a cheque banked/cashed for £24k is not really expected unless you are a premier league footballer or F1 driver.

getting a cheque from your bank in your name i think you are entitled to treat it as your own. pop it in and let us know if its cleared

joemardo1

One time I got paid by my bank £5000 into my account. I owed up because the way I looked at it was, whoever (depositor) money it was had a slight chance of maybe being able to take money out of my account as well.

maybe a silly assumption but thats me.

Joe