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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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My stepsons girlfriend/ex-girlfriend cleaned out

Resolved Question:

My stepson''s girlfriend/ex-girlfriend cleaned out all his savings and opened a credit card account with a deposit to another bank. This was all done without his knowledge or consent. She accomplished this with the help of her best friend who was also the manager at the bank branch where the account was opened. What are all the legal ramifications for all the parties?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

Was the ex-girlfriend on the account or was this a theft from the bank because her friend went into the account illegally?

Thanks for that additional information ~ Michelle

Customer: replied 6 years ago.
Reply to Michelle's Post: g/f was not on the account and she basically stole the funds without my stepson's permission and he only found out after the fact...I'm also interested in how the manager of the bank branch who is g/f's best friend got around Patriot Act requirements for proper ID and other requirements. My stepson did not sign any documents related to that account except to withdraw the entire balance and close the account.
Expert:  Michelle replied 6 years ago.

DearCustomer/p>

Thank you for that information - Has this been reported to the police and is it under investigation? Because there would a crime(s) here such as bank fraud, theft and, of course, as a manager of a bank she could be charge Federally. And I can get you those charges and penalties. However, this is a very serious matter and I would like to know the status of this matter. If the local police do not see the importance of this matter, you son might want to report the incident to the FBI - what was the response of the bank on this matter?

~ Michelle

Customer: replied 6 years ago.

We have not notified the authorities as yet. We spent the day trying to "get our ducks in a row" and perhaps this is the time to report to the authorities. Should we go directly to the FBI or is it wiser to start @ local level?

Expert:  Michelle replied 6 years ago.

DearCustomer/p>

I suggest the local police should be notified and a report filed. I also suggest you contact the FBI and report her activity to them - There are many charges which could be placed for instance - in addition to the theft charges - I am providing some of the charges and also the reference Codes so you can get an idea - also you can CLICK HERE to find you local FBI office

1127.01 Actions by a regulated person constituting criminal offense.

(A) For purposes of this section and sections 1127.02 and 1127.03 of the Revised Code, "regulated person" has the same meaning as in section 1121.01 of the Revised Code.

(B) Any of the following actions by a regulated person may constitute a violation of section 1127.08 of the Revised Code or of a theft, fraud, falsification, or other similar offense set forth in Title XXIX [29] of the Revised Code, or may constitute an attempt to commit or complicity to commit a violation of section 1127.08 of the Revised Code or of a theft, fraud, falsification, or other similar offense set forth in Title XXIX [29] of the Revised Code:

(1) Embezzling, abstracting, or purposely misapplying any money, funds, credit, or property of a bank or trust company, whether owned, on deposit, or held in trust by the bank or trust company;

(2) Fraudulently issuing a certificate of deposit or other instrument or evidence of deposit;

(3) Knowingly making a false entry in any book, report, or statement of a bank or trust company;

(4) Knowingly making a false entry of interest or principal on a note or any other asset of a bank or trust company;

(5) Knowingly falsifying, concealing, or covering up by any trick, scheme, or device a material fact, making any false, fictitious, or fraudulent statements or representations, or making or using any false writing or document knowing it to contain any false, fictitious, or fraudulent statement or entry with respect to any bank or trust company;

(6) Knowingly making a false written statement or certification as to any property held in trust by, or in the custody of, a bank or trust company;

(7) Knowingly borrowing, soliciting, obtaining, or receiving money for a bank or trust company intended to become the property of the bank or trust company, with purpose to defraud or injure the bank or trust company or another person;

(8) Purposely certifying a check or other item drawn on a bank unless the drawer of the check or other item has on deposit with the bank an amount of money subject to payment of the check or other item and at least equal to the amount of the check or other item, or purposely certifying a check or other item drawn on the bank and failing immediately to charge the amount of the check or other item against the account of the drawer;

(9) Directly or indirectly engaging in any activity, utilizing any procedure, scheme, or device, or receiving any false, fictitious, or fraudulent obligation or item, for the purpose of evading or circumventing the prohibitions set forth in division (B)(8) of this section.

1127.08 false, misleading, forged, or counterfeit documents.

No person, for the purpose of influencing in any manner the actions or decisions of the superintendent of financial institutions in the superintendent's capacity as chief executive officer of the division of financial institutions, shall knowingly make or provide to the superintendent or any employee or agent of the division, or knowingly invite reliance by any of them upon, a statement, document, or other thing the person knows to be false, misleading, forged, or counterfeit.

1127.99 Penalty.

(A) Whoever violates section 1127.06, 1127.08, or 1127.11 of the Revised Code is guilty of a felony of the third degree.

(B) Whoever violates section 1127.02 or 1127.03 of the Revised Code is guilty of a felony of the fourth degree.

(C) Whoever violates section 1127.09 of the Revised Code is guilty of a felony of the fifth degree.

1121.01 Banks - superintendent's powers definitions.

(A) "Financial institution regulatory authority" includes a regulator of a business activity in which a bank or trust company is engaged, or has applied to engage in, to the extent that the regulator has jurisdiction over a bank or trust company engaged in that business activity. A bank or trust company is engaged in a business activity, and a regulator of that business activity has jurisdiction over the bank or trust company, whether the bank or trust company conducts the activity directly or a subsidiary or affiliate of the bank or trust company conducts the activity.

(B) "Regulated person" means any of the following:

(1) A director, officer, or employee of or agent for a bank or trust company or a controlling shareholder of a state bank, foreign bank, or trust company;

(2) A person who is required to obtain, but has not yet obtained, the consent of the superintendent of financial institutions to acquire control of a bank pursuant to section 1115.06 of the Revised Code;

(3) A person participating in the conduct of the affairs of a bank or trust company.

(C) "Participating in the conduct of the affairs of a bank or trust company" means either making decisions or, directly or indirectly, taking actions that are management or policymaking in nature and generally within the scope of authority of the bank's or trust company's board of directors or executive officers. Whether a person is or was participating in the conduct of the affairs of a bank or trust company is an issue of fact, and not to be determined solely on the basis of the person's title, contract, or indicia of employment or independent contractor status.

Effective Date: 06-18-2002

Please let me know what other information I can provide for you -

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 4 other Criminal Law Specialists are ready to help you

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Michelle
Michelle
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30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs