bennisboy wrote:
KEN-JENNINGS wrote:
viper313 wrote:
I f somebody tells you that it's your money , wouldn't you withdraw it?
Yeah, because I do what everyone tells me.
It's fraud because he knew there was no way it was his, and that the bank made an error.
HOw the fuck is it fraud? he Told the bank it wasn't his and they inisisted it was! So he withdrew what he was told was his money. If anyone should be charged it should be the bank with incompetence
The bank should be charged with negligence for it's failure to properly I.D. the man to the account.
The legal definition
A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.
Fraud must be proved by showing that the defendant's actions involved five separate elements:
(1) a false statement of a material fact;
Withdrawal of money that wasn't his.(2) knowledge on the part of the defendant that the statement is untrue;
He admitted the money wasn't his.(3) intent on the part of the defendant to deceive the alleged victim;
Ok, it is my money, give it to me.(4) justifiable reliance by the alleged victim on the statement;
The fact that he withdrew money is enough reliance.(5) injury to the alleged victim as a result.
The real Ben lost $2 million dollars.Fraud as an idea - intentional misrepresentation of fact for personal gain.
So why wouldn't it be fraud?
Last edited by KEN-JENNINGS (2008-02-20 18:35:26)