Criminal Charges for Overdraft

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Quoting free9man

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At the very least, federal wire fraud charges could apply. They will most likely just sue you. You will lose either way.

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Before we over-react...babagondeh - go find your small print with your bank contracts and see what they say about overdrafts in relation to the types of accounts that you hold.

That would seem like the first step...

You say this is a month old and you haven't heard a word from the bank or received any charges? (charges as in monetary charges, from the bank) Read your contracts bro.

anyone who claims this is wire fraud can not also claim to knowitall. Just shows a complete lack of knowledge.

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I guess I was taking advantage of a clerical error.

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Oh, so you were aware the money had not been deducted and removed the money with that knowledge.

Guess what?

Your fault and that makes criminal charges a lot more likely.

So in addition to being a whining baby who blames everybody else for the fact that your bad choices may get you into legal trouble, and being a jerk toward the people who are helping you for free out of the goodness of our hearts, you can't read.

You're a total waste of time.

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Quoting Mr. Knowitall

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So in addition to being a whining baby who blames everybody else for the fact that your bad choices may get you into legal trouble, and being a jerk toward the people who are helping you for free out of the goodness of our hearts, you can't read.

You're a total waste of time.

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I can't see where this guy has been a "whining baby".

You know, this comes up a lot at this site. People come looking for 'legal advice' and end up getting arrogrance, abuse, and morally attacked from egotistical people who....I don't know, maybe need some sort of social counseling if this is your little haven where you can act big.

There need to be some people who have the ability to respond to questions without being righteous. And who can cope when someone disagrees with them or dares to challenge them.

babagondeh - did you check out your contracts yet regarding overdrafts?


Do you guys realize how often bank accounts are overdrawn?....'wire fraud'...'feds'...'criminal charges'...f***s sake...
Banks have policies in place regarding these things. You don't need to be jumping to dramatic conclusions. (Though I guess that's why you don't get paid for your advice)

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Quoting aest

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I can't see where this guy has been a "whining baby".

You know, this comes up a lot at this site. People come looking for 'legal advice' and end up getting arrogrance, abuse, and morally attacked from egotistical people who....I don't know, maybe need some sort of social counseling if this is your little haven where you can act big.

There need to be some people who have the ability to respond to questions without being righteous. And who can cope when someone disagrees with them or dares to challenge them.

babagondeh - did you check out your contracts yet regarding overdrafts?


Do you guys realize how often bank accounts are overdrawn?....'wire fraud'...'feds'...'criminal charges'...f***s sake...
Banks have policies in place regarding these things. You don't need to be jumping to dramatic conclusions. (Though I guess that's why you don't get paid for your advice)

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really? given the statements of the OP, there could be criminal charges. He stated he was aware the $2k had not been deducted from his account but he knows it was supposed to be. That means he did not have, and knowingly did not have, that $2k available to him. He knew that when you made the $1700 transfer. In my book that is a criminal act. To prove it wasn't, he needed to settle his accounts. He has, apparently to date, refused to do so. That shows intent to defraud as well as the refusing to remedy the situation pretty much cements the fact it was intentional fraud.

as suggested previously, he can attempt to return the $1700 item and pay the delinquent account but apparently what he purchased is too important to him and has, so far, refused to do so.

do you realize what it means to intentionally and knowingly overdraw an account? That shows intent to defraud. That makes it criminal.

Question A really is 'what does the contract say in regards to overdrafts?".

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Quoting jk

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He knew that when you made the $1700 transfer.

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Hey! I have an alibi for that night.

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Quoting aest

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Question A really is 'what does the contract say in regards to overdrafts?".



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OP says he has no idea. I will stay with he does not have overdraft protection but even if he did, since he has no money in the bank at this time, I am quite sure any overdraft protection would not be applicable. OD protection works by taking money out of one account to pay another or by, temporarily, having the bank honor the charge with the intent the account holder will make good on the debit. OP admits to not being able to so I cannot imagine a bank in the world that would allow the negative balance to continue without addressing it.

so, then we get into: was it intentional or not. OP states it was. OP admits he knew he did not have the means to cover the debit.

So, you tell me: is an intentional act to cause the bank to pay his $2k debt criminal or not?

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Quoting jk

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OP says he has no idea.

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OP needs to figure it out. Then you can stop making assumptions.

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OP admits to not being able to so I cannot imagine a bank in the world that would allow the negative balance to continue without addressing it.

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And yet here he is a month later...

(that's the bit that interests me)

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So, you tell me: is an intentional act to cause the bank to pay his $2k debt criminal or not?

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What proof does the bank currently hold? What does the bank know? Some guy overdrew his accounts. (to the tune of $2k. oh my gosh, shock horror, the banking world is going to collapse if we don't involve the feds....this is not why we have a recession...)

Oh, and babagondeh, you must have some money sitting around somewhere - I'd start putting it in the bank.

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aest;565637]OP needs to figure it out. Then you can stop making assumptions.

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It doesn't really matter if he has OD protection or not unless he has some very unique version of OD protection. The only thing that would save his butt here is if he had OP protection that automatically caused the OD to become a loan. Possible but unusual. It is the OP's failure in not knowing his situation, not mine.

OP's original post was last Wednesday. Since he is unemployed, he has had plenty of time to investigate. Since he has not posted here whether he has OD protection or not, I can only assume he has no intention of providing that info.

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And yet here he is a month later...

(that's the bit that interests me)

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most times banks do not rush down to the police and seek charges. They attempt to allow the customer to prove their intent and correct the situation. Maybe he hasn't heard anything because the DA is working on getting an arrest warrant.:eek:

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What proof does the bank currently hold? What does the bank know? Some guy overdrew his accounts.

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and has refused to cure the deficit.