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Unauthorized Bank Transfer and Credit Card Use Charges

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  • 11-28-2012, 12:08 PM
    Uncleterror
    Unauthorized Bank Transfer and Credit Card Use Charges
    My question involves criminal law for the state of: NY

    I took care of my ill aunt for a couple of years and basically she authorized me to use her credit card and make payments on her bills.
    Later she went to hospital and continue to authorize me the usage of her money.
    While her conditions were getting worse she did authorized to her bank by phone the transfer of her money to my account which I used to repair her house, feed her pets and pay all her medical bills.
    I did not expend much money on myself from that money just food ,gas and maybe I fixed my car one day that got broke ($300).
    While she got out the nursing home she came home and I did show her all the expenses in (whiteness of my parents) which total was around $16k and got $24k left in my account which I gave her back a check and she deposited it on her account again.
    Everything was fine, she continued to make payments on the credit card bills and so on.
    Six months later I have to move out to continue with my life because she was in better shape and I needed to work abroad.
    Suddenly 4 months later the cops came to my house and got me arrested with not explanation whatsoever and took me downtown.
    The detective explained that my aunt suit me for the amount of $40k. Spend one night in jail and got saw the judge next day who put a restraining order against me so I can't contact my aunt.
    I went to court day and they read "Aunt,authorized nephew the use of credit card and bank account but while at hospital nephew transferred $40k to his account and spend it" WOW,!
    Sounds like entrapment to me or a set up! Now she wants all her money back including the $24k I already gave her and she put in her bank.
    What would be my defense in this case?
    I have like 4 felonies charges on this, 3rd degree larceny and some misdemeanor, petite larceny.
    I really not sure what to do or how do I approach this situation!

    PLEASE HELP!
  • 11-28-2012, 12:33 PM
    flyingron
    Re: Unauthorized Bank Transfer and Credit Card Use Charges
    It's not entrapment. Entrapment is when the police/state exercises coercion to cause you to commit a crime you aren't disposed to commit.

    What you need is a lawyer. I can't even begin to follow where the $40K in the account came from or what moneys were transfered by who. The lawyer will be able to work this out, but your food, gas, and car repairs aren't part of keeping up her house, pets, and medical bills.
  • 11-28-2012, 12:57 PM
    Mr. Knowitall
    Re: Unauthorized Bank Transfer and Credit Card Use Charges
    Quote:

    Quoting Uncleterror
    View Post
    I took care of my ill aunt for a couple of years and basically she authorized me to use her credit card and make payments on her bills.
    Later she went to hospital and continue to authorize me the usage of her money.

    So the $40,000 at issue was spent over a period of years, or only "later" when your aunt went into the hospital?
    Quote:

    Quoting Uncleterror
    While her conditions were getting worse she did authorized to her bank by phone the transfer of her money to my account which I used to repair her house, feed her pets and pay all her medical bills.

    If you hired people to fix the house, you'll have a paper trail. If you purchased hardware or other items to perform repairs, you'll have a paper trail. If you paid bills, you'll have a paper trail. Pet food isn't going to be a significant portion of the $40K at issue; you may have kept receipts, but you haven't told us.
    Quote:

    Quoting Uncleterror
    I did not expend much money on myself from that money...

    You told us "she authorized me to use her credit card and make payments on her bills" - so why were you spending any money on yourself?
    Quote:

    Quoting Uncleterror
    just food ,gas and maybe I fixed my car one day that got broke ($300).

    So... out of $40K, how much did you spend on yourself over the period at issue?
    Quote:

    Quoting Uncleterror
    While she got out the nursing home she came home and I did show her all the expenses in (whiteness of my parents)....

    You mean, your parents witnessed? Exactly what does it mean to "show her all the expenses" - you showed her actual receipts, totaling $40K? What did your parents say? What did she say to them?
    Quote:

    Quoting Uncleterror
    which total was around $16k and got $24k left in my account which I gave her back a check and she deposited it on her account again.

    Hold on there, partner. You are saying that when your aunt went into the nursing home you had her (or acted on her behalf to) transfer $40K of her money into your accounts? Why in the world did you think you needed that kind of money, particularly if you only used $16K of the $40K?

    When you say that you returned the $24K, that was at the meeting your parents witnessed? You showed your aunt receipts showing that you spent $15,000 or so of the money on home repairs, pet food and her medical bills, borrowed $300 to fix your car, and spent a few hundred dollars on yourself, and right at that time handed her a check for $24,000?
    Quote:

    Quoting Uncleterror
    Everything was fine, she continued to make payments on the credit card bills and so on. Six months later I have to move out to continue with my life because she was in better shape and I needed to work abroad.

    So somebody else from the family stepped in at that point, took a look at your aunt's credit card statements and bank balance, and asked "Where's the money!", to which your aunt replied, "Uncleterror has been handling the bills, I don't know." And then the police were called in?
    Quote:

    Quoting Uncleterror
    The detective explained that my aunt suit me for the amount of $40k.

    This is a criminal prosecution, not a civil lawsuit.
    Quote:

    Quoting Uncleterror
    I went to court day and they read "Aunt,authorized nephew the use of credit card and bank account but while at hospital nephew transferred $40k to his account and spend it" WOW,!

    Whereas you state that you only spent $16,000, and that you gave back the remaining $24,000 at one point or another. Fortunately, you'll have a canceled check to prove that you returned the $24,000.
    Quote:

    Quoting Uncleterror
    Sounds like entrapment to me or a set up!

    No, what it sounds like is that another relative took over care for your aunt and believes you stole a large amount of money.
    Quote:

    Quoting Uncleterror
    Now she wants all her money back including the $24k I already gave her and she put in her bank.

    Again, this is a criminal charge, not a civil case. The reason the charge lists the $40K figure is that you took $40K. That's not the same thing as saying "He must pay back $40K on top of the money he already repaid." You can prove you took $40K and repaid $24K, right? So that leaves you having to account for the $16K balance.
    Quote:

    Quoting Uncleterror
    What would be my defense in this case?

    Why are you asking us what your defense would be? How about "I didn't do it"?

    You may have an explanation for why you felt it appropriate to have $40K of your aunt's money transferred to your account - you haven't yet shared much of an explanation with us - but the larger issue is whether you intended to steal the money. So you document that you spent the bulk of the $16K on repairing your aunt's house and paying her medical bills, then you show how much pet food costs, and you explain whatever understanding you had with your aunt in relation to the money you borrowed to fix your car and otherwise spent on yourself, and hope that your evidence is sufficient to convince a prosecutor that you had no intention of stealing and that $39K+ of the money is accounted for either through the $24K you returned to your aunt (immediately?) upon her return to her home and the $15K+ you spent on home repairs, pet food and her medical bills. I do not suggest that you attempt this alone - I suggest working with a criminal defense lawyer.

    If you had dubious credit card expenditures over a two year period, though, even with your aunt's permission that could cause a prosecutor to look skeptically upon the $40K transfer. If you are facing charges in relation to your use of the credit card, you need to share the relevant facts before we can comment. For all we know, the $40K under discussion may be the $16K you didn't return plus two years of dubious credit card charges. We only know the facts you share.

    FYI, I don't think you should share more facts with us - it's my suggestion that you promptly consult a criminal defense lawyer and work directly with your lawyer. As you were instructed before you posted, you don't want to make yourself identifiable by sharing too much information.
  • 11-28-2012, 03:53 PM
    PandorasBox
    Re: Unauthorized Bank Transfer and Credit Card Use Charges
    This is the thing with taking care of elderly/disabled. You get an Elder Law Attorney FIRST so you know what can you can and can't do, your rights. Due to Medicaid will want to see her receipts for the past 5 years. And hell yes - 40$? That level of spending is gonna mean - you need a Criminal Defense Lawyer and every receipt you can find. I also hope you have "Before" photos showing how things needed repairing.

    Let's put it this way...I needed a lawyer. My grandmother gave me money for grocery shopping and prescriptions. When I was not given enough money, I paid with my own money, then asked for reimbursement. Guess what - I was taking financial advantage of a senior. I should have just left an item or two behind.

    When the stove died and I was the only one with a credit card - I picked up info on stoves, she told me which one to buy, I charged it, she wrote me a check for the exact amount...taking financial advantage of a senior.

    I kid you not.
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