Money given as gift-now accused if theft

SarB89

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JeSuisSeosamh

Ok. Yes any case can go to court if there is a wish to press charges.
If the parent in question is proposing that the child fraudulently transferred the money between the two bank accounts and is able to prove this beyond reasonable doubt then there may be other consequences... The amount of money in question will also play a role in the severity of the sentencing IF it comes to that. (Please wait for a second opinion)

daUbiq

Surely it depends on how the money was transfered? and who did it?

SarB89

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SarB89

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JeSuisSeosamh

Ok. So was there consent from the parents, whether that consent has been expressed/implied? Did they see statements? Did they know there was indeed a colossal sum of money being taken out of the account. If They said to their daughter "Darling, you may take whatever money you need from our account whenever you want it" The conduct is lawful. If they said to their daughter "Quite a few transactions going out of the account. Do you about them?" and the daughter replied "Yes, I needed money". If they then said "Ok sure" The conduct is lawful. If the parents were checking the bank accounts every month as you do, then surely they must have been aware of the transactions and must not have minded. I am no expert. I am just speculating here. I think the defense "What motivated you to report the crime after such a long period of time?" if the row had caused the parent in question to report the daughter, it would look a little suspicious to any judge. If there was theft committed, theft was committed irregardless to relation. You have said she was given the pin and bank card? Was she given the consent and permission to withdraw a certain sum. If she then went on to continue withdrawing money, she would be "exceeding" her consent, rendering it invalid.

Uno my Uno.

JeSuisSeosamh wrote: »

Ok. Yes any case can go to court if there is a wish to press charges.
If the parent in question is proposing that the child fraudulently transferred the money between the two bank accounts and is able to prove this beyond reasonable doubt then there may be other consequences... The amount of money in question will also play a role in the severity of the sentencing IF it comes to that. (Please wait for a second opinion)

Only the DPP can initiate and pursue criminal charges. In the entirely hypothetical instance It is impossible to say whether a matter like the one outlined would become a criminal matter, Civil Proceedings might be much more likely.

Anybody involved in such a matter should see a solicitor for proper legal advice straight away.

SarB89

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Matteroffact

Why did the parent just decide to give their daughter three large sums of money as a gift ? It sounds a bit odd to me.

SarB89

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SarB89

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Matteroffact

If the three large amounts were bank drafts, signed for by the parent, why did the daughter use the atm to withdraw further large amounts, or is that the case, I am a bit confused here. I am presuming that the atm withdrawals were not large amounts, but just day to day expenses incurred by the mother for her stay with her daughter.

percy212

Sounds dodgy to me. Either your friend is lying or the mother is going senile.

seamus

Somebody is not making any sense here. There was a large sum of money. Then there were three large sums taken out from ATMs, some of which the parent wasn't present for.
Oh no wait, they were actually big bank drafts taken out which the parent signed for. No no, wait, there were 3 large sums in bank drafts and some ATM withdrawals.

The story seems to change every time you post, so it sounds like you're being fed nonsense and lies by your "friend".

Anyway, they should go talk to a solicitor and get legal advice.

SarB89

No the story hasnt changed but rather my description of it is probably not making sense. yes the mother is quite contrary alright which is why a house was sold and she moved into the daughters home(she was from a different county).. I was trying to explain without getting into figures and that.. it does not involve me but it is a family matter quite close to me. I know who is lying and in this case it is the parent. How to prove it though when there is only verbal consent for numerous atm withdrawals over a period of a year or two.
im aware a solicitor will advise on this too but I just wanted to hear others opinions. thank you

SarB89

Matteroffact wrote: »

If the three large amounts were bank drafts, signed for by the parent, why did the daughter use the atm to withdraw further large amounts, or is that the case, I am a bit confused here. I am presuming that the atm withdrawals were not large amounts, but just day to day expenses incurred by the mother for her stay with her daughter.

yes some day to day expenses, some larger amount (under 700 euro now i mean) used for house refurbishment.. new beds the usual bits n bobs really..the parent has a gambling problem so she would go into the town often enough for something to do.. the withdrawals would be for both parties involved really

SarB89

Anyway thank you all for responses, much appreciated. I will be deleting it now. thanks again