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Our ATM Is Broken, Go To Jail

Actually, I do RTFA writes "This community recently discussed possible criminal prosecution for people who took advantage of faulty slot machine software. At the time, many here drew an analogy to a hypothetical ATM that dispensed too much money. Well, apparently, that too may result in criminal charges. Although they suspect that someone may have tampered with the ATM, they are considering charging anyone who got extra money from it." Here is an editorial musing on the morality of such unexpected windfalls.

16 of 575 comments (clear)

  1. Bank error in your favor! by HitekHobo · · Score: 5, Funny

    Go directly to jail. Do not pass Go. Do not collect $200.

    1. Re:Bank error in your favor! by vought · · Score: 5, Informative

      That's a real dumb thing to do; every deposit over $9999.99 is subject to tax reporting.

      You should report the incident immediately to the bank and the IRS. Otherwise, they will screw you to the wall for money laundering.

    2. Re:Bank error in your favor! by fermion · · Score: 5, Insightful
      It is the lack of symmetry that bothers me. For instance, a while back a bad check was improperly credited to my bank account. As a result, i bounced many checks and had no money. If I had been worse off, i could have been in real trouble. Fortunately I was not living paycheck to paycheck, so I had time to get the matter cleared up. Clearing up this matter required a trip to the bank and signing many papers. Note that the bank had a copy of the check, and the account number the check was deposited to was not my own, so they could have fixed the error themselves, if they pleased.

      So here is the issue. They can bankrupt me with no significant repercussion, and don't even have to make an effort to correct the mistake unless I beg them to do so, but I have to immediately report any mistakes they make. Now, if I could claim treble damages for any mistake the bank made, and double digit damage for any mistake that was not fixed 24 hour after a report, then perhaps I could agree to civil prosecution for taking advantage of a defective machine.

      Breaking a machine, or in this case taking advantage as a broken machine is criminal activity. But unless I can prosecute the CEO of bank for criminal negligence when I have no money for week due to the firms mistake, then I don't see how the bank should charge me for criminal activity when their machines give me $400 instead of $100. At most, like they do when they screwed me over, I should asked to give the money back, and perhaps, if necessary,pay a small fine. Note, however, that the bank does not offer to pay me for my inconvenience.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  2. Lopsided priorities by Tablizer · · Score: 5, Insightful

    This is yet more evidence of how materialistic our society has become. It is NOT a crime to not report the observation of a beating or death. Yet it is a crime to take advantage of a faulty slot machine? Something is F'd. Big business has too damned much influence over the laws of this country. They don't care if people die as long as they get their fucking loot back.

    1. Re:Lopsided priorities by kannibal_klown · · Score: 5, Interesting
      If this happened to me during while the bank was open, I'd go inside and let the tellers and/or manager know. After all it wouldn't take me too much time, it would be the "right" thing to do, and I wouldn't have to worry about getting in trouble. I mean I'm there anyway already, so why not just tell them.

      If this happened to me while the bank was closed, which is a good percentage of the day / week, then it gets annoying. It's one thing to pop my head in and say "Excuse me, but bla-bla-bla" but the only time I'm free when the bank is open is Thursday nights (for 1 hour) and Saturdays. So it's a real hassle to:
      • remember about it the next day
      • wait until I have the extra time to call from my job (since there isn't a branch near my work)
      • lookup the number
      • get past the annoying automated touch-tone-service
      • speak to a manager
      • etc
      But I guess if I didn't do all of that, then it's my fault they screwed up.
  3. Isn't it interesting that by JohnnyGTO · · Score: 5, Insightful

    when that bank errors in your favor, your screwed but when the bank errors in their favor, your screwed?

    --
    Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
    1. Re:Isn't it interesting that by Chibi+Merrow · · Score: 5, Interesting

      Actually this wasn't me but my Aunt in this case... But my Aunt had automatic bill pay set up w/ her bank (I think Whitney) and the bank goofed and mailed the check to the school her kids attend late. The school charged a late fee of $200. The branch manager got on the phone and called the school to beg them to forgive the lateness as it was due to their screwup, and not hers. The school refused, so the bank cut my Aunt a $200 check.

      So yes, banks do take care of your customers. If yours doesn't, why are you still banking there?

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
  4. Bug Abuse by SamP2 · · Score: 5, Insightful

    Didn't your local friendly MMORPG teach you the consequences of exploiting bugs?

    Seriously, just because you were not the one who hacked the thing, doesn't give you the right to exploit the flow. It's like stealing stuff from a shop because the window was broken by someone else.

    Accidents do happen, and it should be the burden of the prosecution to prove the defendant knew of the exploit, and not vice versa, but if you see someone withdrawing 1 grand (max daily limit) from a machine that happens to give out $20s instead of $5s (especially if person never previously withdrew such large amounts), and of course the person conveniently "forgot" to check the amount he got, then you got a pretty good circumstantial case of malicious intent, and then the defendant better have some good justification for these actions.

  5. ATM screw up by klwood911 · · Score: 5, Interesting

    I personally ran into this problem myself. Back a couple of years ago, I drove up to my bank to get some cash. A guy came out of the ATM with a big sh*t eating grin on his face. I went in and chose to get $60 cash and was then handed $120. Just my luck!
    When I came out, he asked if the same thing had happened to me and I said yes. We both left and went about our ways.
    An article showed up in the news paper that had explained that a programming up date that had been updated that day had caused the machine to dispense double your withdrawal. In turn, the bank would withdraw the money from your account for the additional money that was dispensed.
    I would think that they should eat it as it was their mistake (they have insurance), but the other side of it is that I don't think I should go to jail for some guys programming error.

  6. Re:The bigger question these articles bring up by larry+bagina · · Score: 5, Funny

    big deal. I once found an ATM that dispensed cans of soda.

    --
    Do you even lift?

    These aren't the 'roids you're looking for.

  7. Re:Broken argument by polymath69 · · Score: 5, Insightful

    Taking money from an ATM that is wrongly configured is also a crime.

    Since ATMs are opaque and you cannot see the contents of the money bins until you have taken money out, you have to do the "crime" before you can know that the ATM is misconfigured. Thus you are already a criminal. That doesn't make sense. Crime has to have an element of intent. If your only intent was to withdraw money owned by you from your own account, clearly no wrongdoing was intended.

    But going back for seconds, after having noticed the mistake... now you're talking criminal intent.

    --

    --
    I don't want to rule the world... I just want to be in charge of mayonnaise.
  8. Re:I would be worried if I was you: by slickwillie · · Score: 5, Funny

    I kind of suspect it might have been something along those lines.

    But it was more than 15 years ago, so I'm not that worried. Besides, they would go after my son, wouldn't they?

  9. Re:I would be worried if I was you: by StarvingSE · · Score: 5, Funny

    Besides, they would go after my son, wouldn't they?

    I am so glad you are not my dad.

    --
    I got nothin'
  10. Re:Ever read a direct deposit signup form? by JW.Axelsen.Sr. · · Score: 5, Funny

    I deposit money into my sisters BoA account regularly at the drive-through. I just drive up with an account number and a deposit slip. Have a nice day...what REALLY bothers me is the fact that I'm 6'3" and hairy and they still give me suckers.

  11. you sure? by Anonymous Coward · · Score: 5, Funny

    I am so glad you are not my dad. Well, that remains a question only your mom could answer.
  12. From Experience by socz · · Score: 5, Interesting

    I didn't come across a lot of posts from /.'s who've worked in financial institutions. So, let me clear some things up. Forgive me if the exact details are off but it's been almost 10 years since i worked on the customer service side.

    - Any large cash transaction needs to be reported. I believe the amount is $10,000. You can deposit checks that are larger than this amount, and they do not need to be reported. There should be no way around this, even if you make 2 separate deposits at two different times on the same business day. A total $10,000/min limit exists for this report. And for those of you wondering, this isn't an uncommon event in a bank that works with businesses primarily.

    - All money is accounted for, and double checked. So if you "deposit" more money than you were supposed to, its actually really easy to find out who's it is at the end of the day. Believe it or not, it is also easy when the CSR is short to find out who owes the money. Once the error is found, it is fixed immediately by debiting or crediting your account.

    - There is nothing you can't do in a bank. If you have a check to deposit, and they want to put a 1 part or multiple part hold, don't be afraid to ask them to release more of the money right away or sooner. Oh wait that has nothing to do with this, but is still helpful. Always talk calmly and don't get upset!! The bank can almost always help you out.

    - Accepting deposits has never been a problem, and even though bank of america sucks, and might require some form of ID, if i recall correctly, as long as they get "A" form of id, they'll take the deposit. I have done this for a friend many years ago, and they took my drivers license as the ID.

    - Withdrawing money is a different story all together. When i worked on the CSR side, we were required to contact the customers home branch and request a fax of their signature card. That card is exactly what it sounds like, a card with their signature, but with a date and a bit of other useless info. The customer always has to sign a withdrawal slip or a check to cash on the spot, so you have proof of their signature. You compare that signature to the signature cards and if it's a match or close enough, they get their cash. When customers change their signature, and this is admitted on their behalf, then they are given a chance to write out their old signature. If the signature was close, then we'd look at the other info on the card to try to prove that it really is the account owner.

    - With cards having magnetic stripes now, this is much safer, as long as no one has your PIN. But the signature above part is still important in case the ATM eats your card or it's lost/stolen. So make sure you take care when signing for a new bank account.

    - ATMs are stocked with a LOT of cash at some point of the day, sometimes multiple times. Although i never really got to get a GOOD look at the machines, i was assured by everyone and the techs who went out to service them that "they don't make mistakes." Now, check my signature

    - When an ATM dispenses money and it doesn't add up when the machines are checked, you pull up the records of it's transactions. And like i said before, and difference is easily found. In the cases that i've been aware of where large sums of money were paid out once or repeatedly, their cameras have come into play to help identify the end user. Regardless, the card holder is responsible. If the card was stolen, used and an extra $3,000 paid out, the account holder is responsible. That is why you MUST call and report your lost/stolen card immediately!

    - If you are even short changed at an ATM, make sure to report it immediately to the branch if they are operating under normal business hours. If they are closed, call it in immediately and find out what you are required to do. Under normal circumstances you will get your money either through credit to your account or cash on the spot.

    - One guy on /. said that he o

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