Legal Question in Criminal Law in Louisiana

ATM miscounting

I was wondering what to do about a situation that i encountered. I was going to withdraw some money for a nice lunch and I know that I had 100 dollars in my account. So i went to take 30 out and when i looked down at the tray i had 300. The problem was that i didnt have 300 im my account so i was wondering is it legal for me to keep the money. I dont have any moral qualms in keeping it.

Thank you


Asked on 11/05/04, 3:43 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: ATM miscounting

It is TOTALLY both ILLEGAL and IMMORAL. You knew you did not have the money and by keeping it, it would be just like you writing a hot check. The fact you knew you did not have 300 in your account provides the 'intent' which is needed to charge you with theft. Take the 200+ back before they come to get you, or call you because they may tack on fees since the paperwork you signed to get the account probably lets them take the fees. Anything over 100 is a felony theft.

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Answered on 11/05/04, 4:28 pm


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