Good afternoon, thank you for your question.
This would likely be charged as theft in the third degree (theft valued between $500-$75,000). The maximum penalty is up to 5 years in state prison. There is no way to predict what his sentence will ultimately be, however. There is no minimum mandatory sentence, instead, it depends on a number of factors, such as his past criminal record, the harm to the victim (I'm glad to hear your father was able to get the bank to return the funds), whether he cooperates with the police, if he makes restitution to the bank, etc. Do I think he would do time if convicted? Yes, I'd think at least a year to 18 months, followed by probation. Ultimately, of course, the sentence would be up to the judge.
As to your brother raising the defense that your mother gave him the card, I think it's probable. However, I think it will be easy to show that the treatments and medications your mother has had to take have affected her mentally and that she is not always able to think clearly or understand what she is doing.
Please let me know if I have not fully addressed your concerns.
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