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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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The ex boyfriend and I broke up about a month ago. A few days

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The ex boyfriend and I broke up about a month ago. A few days ago money from his new account went until our saving account and then went to my checking account. I didn't do this but I do know who did. My ex is thinking about press charges, how much trouble would I be in. The amount of money was $200. Also can the bank press charges? I live in Kansas.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
HelloCustomerand welcome to JustAnswer.

If you did not take this money from his new account, you won't be in any trouble as long as you don't spend the money.

How do you know who did this? If this other person did it without your ex-boyfriend's permission, that would be a form of theft for which this person could be prosecuted.

In theory, the bank could file a complaint for theft or fraud, but can only do so with respect to whoever actually made the unauthorized transfer.

You should go to the bank and have the money transferred back into your boyfriend's new account.

Thanks for asking your question here on JustAnswer. If you have any other questions, please let me know.
Customer: replied 8 years ago.
This was all done online. So it all points to me since the money was transfered in my account. So would they come after me since I can't prove i didn't do it, because I don't want to get the other person in trouble. If they prosecuted me what would the punishment be?
Expert:  Jim Reilly replied 8 years ago.
Obviously, the fact that the money ended up in your account does point to you as the person who did it and investigators are likely to focus on you.

However, accessing your ex-boyfriend's new account would require knowledge of his account number and online password. Is there any reason to believe that you would know these?

You do not have to prove you didn't do it -- the prosecutor would have to prove that you did do it. However, if you are unwilling to identify the person who did it, that would weaken your defense if the case is prosecuted.

Why would you want to protect this other person at the risk of being convicted of a crime yourself?

The amount of money involved would probably result in a misdemeanor prosecution and a sentence to probation and a fine, though either a small jail sentence or alternative thereto (such as community service) might be imposed.

Even a misdemeanor conviction for a crime like this, however, could have long term adverse consequences (such as preventing you from obtaining certain kinds of state issued professional licenses and preventing you from being hired for certain kinds of employment). You should give serious consideration to whether you really want to accept such long term consequences for something you did not do.
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