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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Received International Wire Transfer in Error I am a NY

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Received International Wire Transfer in Error

I am a NY based LLC that received an international wire transfer erroneously for $1273.00 from a customer and bank in Kuwait. The NYC Police Department sent 2 detectives to harass my employees when I was not in the office. I called them back and they told me they are coming to see me and arrest me and that I have to send the money back right away because it is grand larceny in the 4th degree. I know that the local police department has no jurisdiction on an international wire transfer. I am in Brooklyn NY and the police department in Manhattan NY, a different borough but the same city. We did not commit any fraud, this was the customers and bank error in our favor. This is not to say that we aren't going to refund the customer our of general honesty. But now that the law is involved. What is my rights? Do I have to comply with the local authorities.

Can they arrest me?

What powers are granted to the local police department (NYPD) in this situation? (I would think none and that this is for a federal law enforcement agency)

Can I plead the fifth amendment and not discuss this with them any further?

What are my rights as a US citizen?

P.S. This is not a honesty question of whether I should/shouldn't send the money to the customer. I just don't like being threatened by detectives.
NYPD has jurisdiction throughout the city, no matter what borough they may be in. However, to prove a theft or grand larceny they have to prove that you have taken property of another with the intent to permanently deprive. At this point they only have a complaint they are investigating and as the money was sent to NY and this is where you are "holding" the money any "intent to permanently deprive" and thus larceny would be in NY, so they would have jurisdiction even on the international transfer because it would be in NY where the alleged larceny took place.

However, based on what you have described, you are merely an innocent recipient of an error at this point, which by law you are obligated to facilitate to correct and return the money. It is only the refusal to return the money that they could indeed use to form the "intent to permanently deprive" which could indeed make this a theft/larceny occurring in NY because that is where the money is, regardless that it was an international money transfer.

You do not have to speak to the officers and you have an absolute 5th Amendment Right to not speak to them and you have a right to an attorney as well. However, in this matter it really is not prudent to worry about fighting with the police over this, it is an administrative error by the bank and it is the bank you should be contacting to have them correct the error and simply notify the police if they call again that it was a bank error and the bank is fixing it and make no other statements.

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Customer: replied 4 years ago.

Am I permitted by law to make a public website showing the actions of the person who made the erroneous wire transfer and belittling them for trying to harass us? Using freedom of speech.

You can publish anything that is the truth and you are protected under your first amendment rights.
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