From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 10/04/2014 21:39:52 UTC
Subject: Re: [RDG] Georgia Teen Spent $26K Mistakenly Deposited Into His Account

In the light of the postings below, I thought it might be useful to signal the academic account that Benedict Tompkins and I have given of the completed criminal proceedings that arose when a bank mistakenly notified to a customer an overdraft facility of NZ$10 million, and the customer drew on it. This made world headlines at the time because of the amount of money involved. Traditionally cases of this sort would not have qualified for theft, and we argue ought not to have done so under New Zealand’s criminal law. Other jurisdictions, by statute usually, have decided that the moral culpability of someone who knows that he or she has received a mistaken payment and then spends it is the same as that of a thief. We are not convinced by this.  The relevant article can be found at: “Getting Lost in the Borderland of Theft: R v Gao and R v Hurring” (2013) 19 NZBLQ 31, and a pre-publication version can be found on the SSRN website at:

http://ssrn.com/abstract=2422787

Regards. Peter.

From: Angus Johnston <angus.johnston@LAW.OX.AC.UK>
Reply-To: Angus Johnston <angus.johnston@LAW.OX.AC.UK>
Date: Wednesday, 2 April 2014 10:04 am
To: "ENRICHMENT@LISTS.MCGILL.CA" <ENRICHMENT@LISTS.MCGILL.CA>
Subject: Re: [RDG] Georgia Teen Spent $26K Mistakenly Deposited Into His Account

And, at the risk of disclosing that I read the Mail Online website (which, honestly, I really don’t – I got referred to this from a news abstracting service! (Yes, I know, no doubt I protest too much … )), a similar case from the UK:

 

http://www.dailymail.co.uk/news/article-2594460/Young-mother-benefits-went-designer-spending-spree-52-000-just-hours-council-accidentally-credited-account-escaped-jail.html

 

 

Best wishes,

 

Angus

 

 

From: Enrichment - Restitution & Unjust Enrichment Legal Issues [mailto:ENRICHMENT@LISTS.MCGILL.CA] On Behalf Of Lionel Smith, Prof.
Sent: 01 April 2014 16:01
To: ENRICHMENT@LISTS.MCGILL.CA
Subject: [RDG] Georgia Teen Spent $26K Mistakenly Deposited Into His Account

 

Interesting news from Georgia. L.

 

Georgia Teen Spent $26K Mistakenly Deposited Into His Account

A Georgia teen has been charged with theft after he spent thousands of dollars mistakenly deposited into his account by a bank teller.

Steven Fields, 18, turned himself into police Friday. A bank teller at First Citizen’s Bank deposited $32,000 into his account, instead of the account of another customer with the same name. When the other Steven Fields, 70, called two weeks later to ask about the cash, the bank realized its mistake. The bank gave the younger Fields until March 19 to return the money, and even offered him a payment plan.

But Fields had already spent $26,000 on a car, food, and clothing.

Stacey Sorrow, who is close to the younger Fields, said the teen had fun with his unexpected windfall. “He was excited, I would have been too,” she told a local NBC affiliate. “Look, if someone’s gonna go and put money in my bank, I would go and have fun too.”

But 70-year old Steven Fields doesn’t see it that way. “My daddy was a baptist preacher, we were raised honorable,” he said. “I would have said, ‘y’all have made a mistake, you put too much money in my checking account,’ and I wouldn’t have bothered it.” The bank has reimbursed the older Fields the full amount.

Sorrow says the teenager will hire an attorney to fight the charges, and that it’s the bank teller, not Fields, who is at fault. Fields claimed he thought the money was part of an inheritance.

 



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This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>.

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This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>.

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This message was delivered through the Restitution Discussion Group, an international internet LISTSERV devoted to all aspects of the law of unjust enrichment. To subscribe, send "subscribe enrichment" in the body of a message to <listserv@lists.mcgill.ca>. To unsubscribe, send "signoff enrichment" to the same address. To make a posting to all group members, send to <enrichment@lists.mcgill.ca>. The list is run by Lionel Smith of McGill University, <lionel.smith@mcgill.ca>.