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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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I was wondering, after hearing a horrible story from my

Resolved Question:

I was wondering, after hearing a horrible story from my friend who had her brother steal over $12,000 from her checking account at her private bank, who her brother does not have an account at, I was wondering the following things: 1. how could this guy access her account without knowing the number or her social security number. 2. what kind of legal repercussions could this guy face should she choose to prosecute. 3. should she choose a less harsh method of punishment, what would you suggest, as this guy is a close family member? 4. the bank involved said it was not responsible legally in any way as she should be monitoring her account every this true? thank you, XXXXX XXXXX
Submitted: 9 years ago.
Category: Criminal Law
Expert:  J D Haas replied 9 years ago.
1) Unless the brother had an accomplace in the bank, he could not get access to her account without identity theft or forgery. 2) Felony theft, identity theft, forgery, etc. These are all felonies. 3) She does not choose the punishment. Should she press charges, the state controls the case and the sentencing is up to the judge within the sentencing guidelines. For these crimes jail/prison time of 1-5 years and/or a fine would be realistic. 4) The bank may have some liability depending upon the circumstances of the loss; however, she should monitor her account monthly. Please let me know if you have further questions.

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