Legal Question in Criminal Law in New Mexico

Conspiracy and embezzlement

I am trying to locate whether or not a person will be held liable in an embezzlement case if they were a signer on an account that required two signatures on checks and withdrawals. If both are held equally liable no matter what and if it was legal for the bank to issue Debit/check cashing cards for an account that clearly required two signatures?


Asked on 8/08/01, 12:01 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Conspiracy and embezzlement

Someone who steals money is going to be held accountable regardless of what the bank did.

It may be that the bank will have to repay the money if it allowed the account to be depleted ngeligently, but the criminal responsibility will remain with the thief, not with the bank, and the bank's actions even if negligent will not excuse or shield the thief from the operation of the criminal law.

You may call us at 1-800-858-3636 if you wish to discuss the matter further.

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Answered on 8/08/01, 12:12 pm


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