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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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If a funding institution sends duplicate wire transfers, am

Customer Question

if a funding institution sends duplicate wire transfers, am i criminally liable?
JA: What state are you in? It matters because laws vary by location.
Customer: Maryland
JA: Has anything been filed or reported?
Customer: just phone calls from them
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Good day, my name is Brandon. I'm a licensed attorney, and I'm glad to help. I have several questions. How much was transferred? How long ago was it transferred? When did you discover the mistake? Did you spend any of the money from the duplicate transfer?

Customer: replied 1 year ago.
$14,000.
the transfer was Monday,
I discovered Wednesday
the money was used from other overdrafts and transfers
Customer: replied 1 year ago.
Expert:  Brandon M. replied 1 year ago.

Last question (probably): when did you realize that it was a mistake?

Customer: replied 1 year ago.
next day
Customer: replied 1 year ago.
Wednesday morning
Expert:  Brandon M. replied 1 year ago.

Ok, so you spent the money before realizing that it was a mistake, correct?

Customer: replied 1 year ago.
Expert:  Brandon M. replied 1 year ago.

Well, here's the thing: it is illegal to knowingly spend money that is not yours without the owner's permission, regardless of how possession of the money was obtained. In Maryland, this is considered embezzlement. So even when the bank is responsible for the mistake, the customer still has a duty to not spend that money. If the customer spends it by mistake, then the customer must still reimburse the bank, but it's not criminal if it's just a mistake. If a customer gets a $1,000,000 overpayment and spends it, there's no way the customer couldn't have realized it was a mistake. With $5, there's probably know way the customer could have known that it was a mistake. With $10,000-$15,000, it could really go either way. But the bank really just wants its money back and a quick return of the funds will usually satisfy their concerns. My recommendation is get the funds together asap, go to a criminal defense attorney asap, and have the attorney contact the bank on your behalf to arrange repayment -- since you did spend some of the money, you really need to take these actions to ensure that the situation doesn't become something more serious. Does that make sense?

Expert:  Brandon M. replied 1 year ago.

Does that make sense?

Customer: replied 1 year ago.
yep, thank you
Expert:  Brandon M. replied 1 year ago.

Great. Let me know if further clarification is needed, and please feel free to leave a rating for me when you're finished (it's how I am credited for my time). Thank you!