Author Topic: Man spends 110K IRS refund error on mortgage, car & students loans, now in jail  (Read 3040 times)

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Offline dandi

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This thread gives some excellent insight into how many DUmbasses view other peoples' money.

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Liberal_in_LA  (1000+ posts)      Sat Jun-18-11 04:09 PM
Original message
Man spends 110K IRS refund error on mortgage, car & students loans, now in jail
 Edited on Sat Jun-18-11 04:09 PM by Liberal_in_LA
IRS Gives $110,000 To Wrong Guy, Now He's In Jail

A California father is in jail and faces charges after the IRS deposited $110,000 in his account that should have gone to another taxpayer, reports KCAL.

The money was supposed to go to an elderly woman, but she had provided incorrect bank account info to the IRS. When the seeming windfall hit his bank account, the man spent it on saving his house from foreclosure and paying off student loans.

Los Angeles prosecutors say the man failed to notify authorities of the error and charged him with one felony count of grand theft by misappropriation of lost property. The man could face up to four years in jail if convicted.

The man offered to return to the woman the $65,000 that was left over and make monthly payments on the rest but she rejected the offer as she wanted the monthly payments to be higher.


http://consumerist.com/2011/06/irs-deposits-110000-in-w...


“He received the money on Sept. 10, 2010 and on Sept. 11, 2010 he started spending the money on various bills that he had,” said Lockhart.

Lockhart said the mix-up came after an unnamed Los Angeles woman inadvertently provided the IRS with a Citibank account number that had been closed in 2004 and was subsequently reassigned to McDow.

After attempts were made by the woman’s attorneys to recover the funds, McDow told them he had already spent up to $60,000 of it on car and student loans and to keep his home out of foreclosure, Lockhart said.

McDow faces four years in prison if convicted and is being held on $110,000 bail.

http://losangeles.cbslocal.com/2011/06/15/prosecutor-oc... /

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1323360

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plumbob (1000+ posts)      Sat Jun-18-11 04:15 PM
Response to Reply #4
7. If she knew her own bank account number, it would be helpful.
 The bank bears some little burden here as well. This man is not alone, and he didn't spend the money on drugs or child sex.

Oh, no child sex. Well, WHEW! That makes it okay.

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KansDem  (1000+ posts)      Sat Jun-18-11 04:22 PM
Response to Reply #7
20. True...
 Edited on Sat Jun-18-11 05:08 PM by KansDem
The lady deserves some of the blame here. She gave incorrect information to the IRS...the IRS didn't verify it. Is the woman in trouble for providing incorrect information to the IRS?

And they want to send the man to jail? He was facing foreclosure; faced with that reality, I might have done the same.

It's easy to preach virtue when your house isn't being taken from you.

And I thought you could keep anything that is sent to you...or is that only in the mail?

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JVS  (1000+ posts)        Sat Jun-18-11 04:59 PM
Response to Reply #21
52. It's sad that a man is being pilloried for escaping 2 onerous debts
 It's like if the headline were "Fine upstanding glutton drops sandwich, crafty beggar uses it to feed her children"

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Zywiec (1000+ posts)      Sat Jun-18-11 04:13 PM
Response to Reply #1
5. She could have rejected the offer outright
 If someone mistakenly had $45k of your money, and you were elderly, I'm sure you would just let them off the hook.

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Tuesday Afternoon  (1000+ posts)        Sat Jun-18-11 04:39 PM
Response to Reply #5
28. actually, I probably would --- 
 can you see your brain when you roll your eyes to the back of your head like that?

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dsc  (1000+ posts)        Sat Jun-18-11 04:14 PM
Response to Reply #1
6. yeah how dare that woman want her money back

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Tuesday Afternoon  (1000+ posts)        Sat Jun-18-11 04:51 PM
Response to Reply #6
38. how dare the woman NOT pay attention to her acct number 
 dumb! dumb! dumb!

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Tuesday Afternoon  (1000+ posts)        Sat Jun-18-11 05:04 PM
Response to Reply #9
57. if he needs help with that, after all this shit on here. I will gladly donate 
 to his defense.

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Bunny  (1000+ posts)        Sat Jun-18-11 04:12 PM
Response to Original message
3. It's pretty hard to feel sorry for the guy.
 Unless he's ten years old, he had to have realized that it was a mistake, and he wouldn't be allowed to keep the money. But meanwhile, why is the elderly woman getting a $110K refund from the IRS? That's a monster refund.

Yes, that's the real question here, isn't it? Is she...one of them?

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plumbob (1000+ posts)      Sat Jun-18-11 04:16 PM
Response to Reply #8
11. Yes, not one of our seniors on cat food.
 And uncaring enough about the money to provide the wrong account number for the refund.

Ah, well! LOL It's okay to steal from her!

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Tuesday Afternoon  (1000+ posts)        Sat Jun-18-11 04:41 PM
Response to Reply #11
30. look, I feel sorry for her ,,, she may have to give up her weekly manicure. 
 meanwhile, who cares about his kids and a roof over their head.

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NashVegas  (1000+ posts)        Sat Jun-18-11 07:58 PM
Response to Reply #99
146. It's Not Her Life Savings - It's ONE YEAR's Income Tax Refund!
 If she can find $110k in tax loopholes, she can come up with the right account to authorize it to

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dkf  (1000+ posts)        Sat Jun-18-11 04:28 PM
Response to Reply #8
23. I'm torn on this...
 I imagine the woman isn't in so bad shape if she can get a $110,000 refund so part of this sounds greedy in that the monthly payments he offered weren't enough. But if she agreed to that, has she turned herself into a collector? That's kind of a bummer too.

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NashVegas  (1000+ posts)        Sat Jun-18-11 07:55 PM
Response to Reply #3
141. Funny How No One Wants to Think Too Hard About That, Isn't It?
 All too busy screaming about the bad guy who ripped off the poor elderly woman who managed to find $110k that the gov't owes her** but couldn't find the right bank account number.

** have to wonder: what kind of income does someone have, what kind of write offs they are using to get back a sum like that.

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stevenleser (1000+ posts)        Sat Jun-18-11 04:46 PM
Response to Original message
34. I happen to disagree with all of you.
 If someone deposits money in my bank account or ships a package to my house and I did not ask for it or make it happen in any way, I think that it should be mine. The law may be against me here, but I think that is what is fair.


Actually, I think the part about packages being shipped to your home is correct. I think it is yours at that point. Any legal eagles here please feel free to correct me on that. Interesting that a banking error should be different.

Whether you give some or all back due to your morals/conscience should be up to you. Personally, I would have given half the money back, perhaps even 3/4s of the money.

The fact that $110,000 ended up in his account was not his fault, but once it happened, it was in HIS account. It should have been his.

I'll bet you believe in unicorns and cotton candy rainbows too, don't you?

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Tuesday Afternoon  (1000+ posts)        Sat Jun-18-11 04:55 PM
Response to Reply #42
46. and it has happened. I keep up with my purse now. same principle 
 the man is not totally blameless here but she is not totally innocent either. she ****ed up.

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JVS  (1000+ posts)        Sat Jun-18-11 04:52 PM
Response to Original message
40. Jury nullification is in order.

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amuse bouche (129 posts)     Sat Jun-18-11 06:20 PM
Response to Original message
95. What I want to know, is
 How did an elderly woman get a check for 110k from the IRS?

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Lucian  (1000+ posts)      Sat Jun-18-11 07:07 PM
Response to Original message
117. Yeah, the money was deposited in his account, it should be his.
 Edited on Sat Jun-18-11 07:07 PM by Lucian
Just like if a ball goes into my yard, it's mine once it hits the ground.

This is BS.

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NashVegas  (1000+ posts)        Sat Jun-18-11 07:23 PM
Response to Original message
123. If She Was Getting Back $110k In Taxes, She Didn't Exactly Need the Cash
 Edited on Sat Jun-18-11 07:24 PM by NashVegas
It was her mistake the money went to the wrong place. She should have sucked it up and accepted his offer.

How many off-shore tax shelters do you reckon she has, to get a refund like that?

How many checks did she write to non-profits to get a refund like that?


How can anyone possibly imagine that anyone receiving a refund check like that wasn't using/abusing loopholes?

I wish some outlet would publish her name.


To be fair, the responses look to run about about 50/50 for and against the dude being able to keep the money, but when you're talking about what amounts to okaying thievery, 50/50 is not a very flattering split, is it?


 

 


 


 

 

 
 
 

 

 
 
 
 
 

 


 



 

 


 

 

 
I don't want...anybody else
When I think about me I touch myself

Offline terry

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They are amazing. 

Offline BEG

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It's HER money, no matter how "rich" she is. I'd love to see one of them hit the lotto and be ok with some stranger stealing the money and just let him keep 1/2 of it after he said "oops my bad", and that would have been free money, not money they earned that even the federal government said she was due in the form of a refund.




Offline thelaughingman

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He failed the test.  He was given the choice to do something right or make his situation worse.  He was only facing foreclosure before.  Now he's facing the loss of his freedom and possibly the loss of his house in order to pay the woman back.  A mistake was made, but that does not give him the right to exploit it.  Anyone who thinks it does is an asshole who should not be trusted for anything ever.

Offline JohnnyReb

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50/50 huh?

Dear DUmmie:

Due to a mistake on your part, your disability check and foodstamps have been sent to some other person. Good luck in finding and retrieving said monies and foodstamps.

Your government.

 :lmao:...now it would be 100/0
“The American people will never knowingly adopt socialism. But, under the name of ‘liberalism’, they will adopt every fragment of the socialist program, until one day America will be a socialist nation, without knowing how it happened.” - Norman Thomas, U.S. Socialist Party presidential candidate 1940, 1944 and 1948

"America is like a healthy body and its resistance is threefold: its patriotism, its morality, and its spiritual life. If we can undermine these three areas, America will collapse from within."  Stalin

Offline USA4ME

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50/50 huh?

Dear DUmmie:

Due to a mistake on your part, your disability check and foodstamps have been sent to some other person. Good luck in finding and retrieving said monies and foodstamps.

Your government.

 :lmao:...now it would be 100/0

Bingo!

If it had happened to one of them, or if a rich person ended up with a tax refund owed to someone who's lower middle class, then their tune would change.  There's no moral underpinning when it comes to liberals, it's all about what was coined as "situation ethics" in the 60's and 70's;  IOW, the circumstances dictate what is and isn't moral.

Trash, each and everyone of them.

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Because third world peasant labor is a good thing.

Offline Gina

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I can't believe those people.  Do they not have one honest bone in their body?  The first thing I would have done is go "Oh Shit!" and then call the bank.  Wow!  And people wonder why America is going straight into decline. It's because of these people without scruples.   :banghead:






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Offline formerlurker

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Actually I think if he gets a decent attorney he will get off here, and all that will be owed is the money that he offered her.    The key here is the IRS did not make an error on the account number, she did.   

He never should have spent the money, that is a given.  However, that said she is on the one in error so was it illegal that he did?   Very interesting to see how this plays out. 



Offline formerlurker

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Quote
Theft or Appropriation of Lost Property

California Penal Code 485 PC

The old saying goes "Finders keepers, losers weepers." But in California, finders can be weepers too when they face charges for not returning lost property to its rightful owner.

Penal Code 485 PC -- California's law against appropriating (or misappropriating) lost property -- prohibits you keeping property that you find when there are clues identifying its true owner.1 You are not required to go to extremes to identify and contact the owner. But the law says you must make a reasonable attempt to do so.

So he is definitely guilty of not making a reasonable attempt to find owner of funds.  However, because he agreed to pay it back:

Quote
No intent to permanently deprive the owner of his/her property
If you find lost property and take it, intending to use it for a certain period of time before returning it to its rightful owner, you are not guilty of this California theft crime . Temporary deprivation does not amount to stealing.7

Depending on the exact circumstances, this type of action may subject you to criminal liability under different laws...and the owner may be able to sue you for monetary damages in a civil court...but you should not be held criminally liable for theft.

http://www.shouselaw.com/appropriation-lost-property.html

Is it criminal now?   Interesting.    He is devoid of any moral compass, but a law firm such as the one at this site could get him off of this charge.

Hopefully this woman's family takes steps to make sure she is protected in the future from herself when dealing with critical accounting matters such as this.




Offline Gina

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Actually I think if he gets a decent attorney he will get off here, and all that will be owed is the money that he offered her.    The key here is the IRS did not make an error on the account number, she did.   

He never should have spent the money, that is a given.  However, that said she is on the one in error so was it illegal that he did?   Very interesting to see how this plays out. 




nah, it's theft pure and simple






"An army of deer led by a lion is more to be feared than an army of lions led by a deer." Phillip of Macedonia, father to Alexander.

Offline thelaughingman

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50/50 huh?

Dear DUmmie:

Due to a mistake on your part, your disability check and foodstamps have been sent to some other person. Good luck in finding and retrieving said monies and foodstamps.

Your government.

 :lmao:...now it would be 100/0

No shit!  It's perfectly fine to them if it's someone else's money (particularly if they're rich), but just don't treat them the way they want everyone else treated.

Offline Texacon

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Note to self;  Never leave a car with keys in it around a DUmmie.  Never accidentally give a credit/debit card to a DUmmie waiter/waitress.  Never leave anything of any worth around a DUmmie, ever.

Question to DUmmies;

If your drug dealer accidentally leaves your bag of weed at Timmy's house and he smokes half of it are you good with him paying you back over time?

Thought I would put it in an example you could actually comprehend.  Money has no meaning to you because you never have any of it .... weed on the other hand...

KC
  Build a man a fire and he'll be warm for a day.  Set a man on fire and he will be warm for the rest of his life.

*Stolen

Offline jukin

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Or....

A DUmmy orders a pizza and pays by credit card at the same shop it has used for decades but gives them its neighbor's address by mistake. The DUche's neighbor eats it but offers it the box with a few crusties on the bottom.

100/0
When you are the beneficiary of someone’s kindness and generosity, it produces a sense of gratitude and community.

When you are the beneficiary of a policy that steals from someone and gives it to you in return for your vote, it produces a sense of entitlement and dependency.

Offline Freeper

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Here's another example for DUmmies.
In Feb you file your taxes so you can get your EITC refund, like you do every year.
You just hit the bong as you are filing on your free version of turbotax.
You accidentally put a 6 where a 9 should have been in your direct deposit account number.
The EITC money goes to someone else.
That person takes your EITC money and buys a used car that they really need.
You post your outrage at DU and all your fellow morons tell you to sue the guy.


I may not lock my doors while sitting at a red light and a black man is near, but I sure as hell grab on tight to my wallet when any democrats are close by.

Offline vesta111

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Bingo!

If it had happened to one of them, or if a rich person ended up with a tax refund owed to someone who's lower middle class, then their tune would change.  There's no moral underpinning when it comes to liberals, it's all about what was coined as "situation ethics" in the 60's and 70's;  IOW, the circumstances dictate what is and isn't moral.

Trash, each and everyone of them.

.

Now you have opened a big dark box on situational ethics sir.

Yes I was educated in the 60-70 era of ethics and can say there is a hard line between ethics and survival.    Much comes right down to what we interpate as survival, they use to hang toddlers in Europe, children so young they had to place sand bags on their feet to make sure their neck was broken, all for stealing a crust of bread when they had not eaten in days.

Older generations had a saying " Finders keepers, loser's weepers".  

Some times it can get you in a heck of a mess by being honest. My kid found a purse in a wooded area and they at 5-7 years old brought it home. We dumped it out and found a drivers license so I called the owner and told her we had her purse and to come and get it.

She shows up with not one but 2 cops, and no they did not jump out of the bushes. Seems like she worked for some small time political in the city.

She accused my little kids of stealing some huge amount of cash from he purse that was stolen from her unlocked car 2-3 miles away from our home.

The five year old baby girl in the family was in tears, the 7 year old boy thought it all a big joke. So as the found area was just a block away we all walked down to the area and the kids pointed out where they found the purse.

I thought when the woman retrieved her purse it was all over, she and cops left.  :mental:    

Next day a cop in plain clothes knocked on my door, and he quizzed the kids on what they were doing in that area. Seems the kids in the neighborhood had a fort of some kind back there and and there were perhaps 6 other kids that played cowboys and Indians or what not there. My kids gave names of the friends they played with and the Detective left.  

My phone rang most of the night from the parents of the kids playmates to CUSS me and kids out for sicking the police on their little kids.

A brief couple days went by and then I began to get calls from the woman's insurance company,  I finally got the balls to just hang up.    Then they came to our house unexpected and made noises about us making a cash settlement for part of the missing cash.  Then I began to get letters from her attorney threatening to take me to court.    I ignored the letters and hunkered down for all this to go away.

They knew my husband was overseas and I had no family around, fortunately for me this was about the time of school vacation so I closed up the house and headed for Maine with my kids and the dog for a summer visit with my parents.  We came back a week before school started and Hubby came off Cruise 2 weeks later.

We never heard another word from cops, the woman, her Lawyer or insurance agent.  All bad things and good things have a down side,  Lessons galore here.    Find something, spend $3.00 and mail it back to the owner anonymously.

If out hiking you find a bag of cash---drug money, do you turn it in so corrupt city officials divie it up between them selves or get little Mary the braces she needs?????

Then there are those that find bags or envelopes that can excuse their keeping the money as a God send.  Very tough questions here. Just how strong are our morals that can go either way. ???

Offline thelaughingman

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Or....

A DUmmy orders a pizza and pays by credit card at the same shop it has used for decades but gives them its neighbor's address by mistake. The DUche's neighbor eats it but offers it the box with a few crusties on the bottom.

100/0

The pot one was better.  No offense.  Just sayin'.

Offline NHSparky

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Dear DUmmies--and did any of you ****sticks stop and consider that the "huge windfall" might have been because she was overcharged on sale of a significant item, such as capital gains taxes on a home or cashing out an IRA/retirement?  Ya ever stop to think she might NEED that money MORE than the guy who knew good and ****ing well that $110K wasn't his?

And tell me none of you have EVER put the wrong number ANYWHERE on ANY form, let alone one as archaic as a government form.  It's also possible she thought the account was in fact still open, DUmbasses.  When my sister passed away, we opened an account for my nephew and made a small but significant deposit for him to use when he reaches the age of majority.  Turns out the bank closed about two years later and we had to go to the Colorado state government to get it back and reopen another account for him.  Inactivity in an account is often grounds for closing it as well.  Or perhaps you just forgot the fact SHE'S OLD????
“Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian.”  -Henry Ford

Offline jukin

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The pot one was better.  No offense.  Just sayin'.

Yeah, you got me there.
When you are the beneficiary of someone’s kindness and generosity, it produces a sense of gratitude and community.

When you are the beneficiary of a policy that steals from someone and gives it to you in return for your vote, it produces a sense of entitlement and dependency.

Offline RockMan

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these are the sort of people who should not be allowed to breed. i call them "takers.""
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