Re: Hypothetical

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Mudge! I believe i have to respectfully disagree on this one.
All tho i may be wrong. The mitigating circumstance in tis case
is, Eve was intitled to that months social security. S.S. Pays
it's benifits for the priore month, not the month ahead. Whether
or not Adam is entitled to it, is another matter. I believe that
now belongs to Eves' estate.

On 3/01/06, Curmudgeon wrote:
> Interesting hypo, Carol. I see a separate count of theft
> for each of the withdrawals. Adam and grandson on each
> count. Then, there are counts for Adam for contributing to
> the delinquency of a minor for each of the withdrawals. If
> the only money in the bank account were funds from Social
> Security, you can probably stack federal theft charges on
> top of each of the state theft charges since that money
> legally belonged to the Social Security Administration. Of
> course, if the bank were federally chartered or insured, you
> have another complete set federal charges for each of the
> unlawful withdrawals from a federally chartered/insured
> institution. In sum, the federal and state prosecutors have
> lots of opportunities to stack lots and lots of charges
> without even coming close to a double jeopardy argument.
>
> On 3/01/06, Carol wrote:
>> Hypothetical: Adam and Eve are 60 something, living
>> together for the last 30 years. Both have children from a
>> previous marriage. Each maintains individual bank
>> accounts, nothing is jointly owned. State does not
>> recognize commonlaw marriage. Adam is the beneficiary of
>> her moderately sizable life insurance. Eve takes sick and
>> dies (intestate) on Aug 28, a thursday. On Friday her
>> social security check is automatically deposited. On
>> Friday evening, for whatever reason, Adam has his 15 year
>> old grandson begin withdrawing money from Eve's account
>> with her ATM card (he has used it in the past with her
>> permission and knows her password) in the maximum
>> allowable daily amount after the bank is closed in the
>> evening. By Tuesday 3K has been withdrawn, the account is
>> all but empty except for $50.00. by now the bank has been
>> notified that Eve has died and freezes the account. The
>> withdrawals are caught on tape. What crime(s) if any by
>> whom? any circumstances that would excuse or mitigate?