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4ren6, Forensics/Criminal Investigation
Category: Criminal Law
Satisfied Customers: 4794
Experience:  Over 20 years of Law Enforcement. Sworn expert witness in Criminal and Civil Law.
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If a bank deposited too much money into your account ...

Resolved Question:

If a bank deposited too much money into your account when you had a loan funded with them and you have used it but are willing to make payment arrangements can they take criminal action against you? The loan requested was 50,000 and 25,000 was given but 50,000 was funded.   At the same time I was expecting 25,000 from another source. So, I thought the 50,000 was all my money. Can they bring criminal charges against me?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  4ren6 replied 9 years ago.
Ok, let me see if I understand this. You requested a loan..........was approved for up to 50k you were expecting 25k and they shot 50k into your account which you now have spent. Is this correct. Do you have loan documents to back up the approved 50k.
Customer: replied 9 years ago.
Reply to 4ren6's Post: Almost, I requested 50 the loan was for 25. I was also expecting 25 from another source. 25,000 loan hit one day and then another 25,000 hit the next. I assumed my other source had wired as expected.
Expert:  4ren6 replied 9 years ago.
so you got a total of 75k that is now spent............? If they deposited 25k then where is the other 25 on top of the other bank coming from. seems to be more to this. Or did the one bank make two different deposit of 25k............and then the other source sent 25k.
Customer: replied 9 years ago.
Reply to 4ren6's Post: Almost, the bank only approved 25 but gave me 50. My other source never sent the 25. I assumed the total of 50 was 25 from bank and 25 from other source.   Bank deposited 25 one day and 25 the next totaling 50. My error was assuming the 2nd 25000 was from my other source.
Expert:  4ren6 replied 9 years ago.
thank you for clarifying that. Can you tell me if the other source was to have deposited the other 25k into the original account with 25k. Had this been arranged. And were you fully aware that the first bank had only approved you for 25K.
Customer: replied 9 years ago.
Reply to 4ren6's Post: The 25000 deposited by the bank was put into one account. I had given the other source a different account at the same bank to use for deposit. The next day, 25000 was sitting in that account. The problem is that the bank deposited a 2nd 25000 in error to my other account.
Expert:  4ren6 replied 9 years ago.
Since you had two sources giving you funds to two different accounts at this bank and your statement of " the bank only approved 25 but gave me 50." then it was up to you to verify the amount (quite sizable) that was deposited and account for it. On the other hand the bank too is held accountable for their mistake and may request that it be paid back. Unless this was done from fraudulent means it would be difficult to bring criminal charges. They could bring a civil complaint or file a lien on any assets in your name. I suggest you speak with the bank on working this out. Or get the other source to fund you and return the 25k to the bank that over drafted your account. You owe them the money. Let me know if you need further assistance.
Customer: replied 9 years ago.
Reply to 4ren6's Post: Just a clarifying question. I know I owe them the money and have offered to pay it and work it out with appropriate terms. I just wanted to make sure there could be nothing criminal since there was not intent to be fraudulent. I am correct in understanding that criminal charges should not be possible.
Expert:  4ren6 replied 9 years ago.
correct as long as they made the mistake and you did not knowingly commit fraud. However, be advised that once you got two deposits the normal person would verify the source of the amounts coming in. This would have shown that there was a mistake and alerted you to such. At this time you would have been obligated legally to notify the bank of their mistake before they caught it. I suggest you also contact the below link...........they may be of assistance.
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