He suddenly became a millionaire!

Recently, a citizen Ekaterinburg reported that Sberbank transferred to him 4.5 billion rubles. Soon the bank denied this information, specifying that the amount was "several tens of thousands of times less."

What to do in such cases, run to the "Canadian border" with money or honestly report an error?

Who among us did not dream of finding a suitcase full of banknotes on the street? Find a large amount on your bank account or plastic card - only a modern incarnation of this dream. But, like in the cinema, with big and unexpected money big problems come.

Spend on home

What happened: in 2008, the Bank of Moscow connected a loan to a private customer, which turned out to be 85.5 million rubles.

What ended: Part 4 of Art. 159 ("Fraud"), Part 2 of Art. 174.1 ("Legalization of monetary funds acquired as a result of the commission of a crime") and Part 3 of Art. 327 ("Use of a forged document") of the Criminal Code of the Russian Federation, as a result - 8 years of the colony.

Alexei Lepyokhin, a simple machinist of the Moscow Metro, working at the electrodepo "Sokol", received a salary on a plastic card of the Bank of Moscow. One day, when he logged into his account through web banking, the man accidentally discovered, in addition to his accounts, one more - a special loan, on which a large amount of money was located.

Lepyokhin entered the taste gradually, taking more and more money. The loss of 85.5 million rubles, the Bank of Moscow was able to detect only after 6 months, when the metro driver tried to acquire a hotel complex in Sochi.

Prior to this, Lepekhin managed to buy three cars and pay part of the cost of an apartment in Moscow. According to the investigation, he also purchased a fake passport and used it to register in the hotel of the Tula region.

What he did wrong: the prolonged inaction of the Bank of Moscow's services created a sense of impunity, as a result Lepyokhin lost his sense of proportion and did not take steps to legalize money and avoid responsibility.

Escape with money

What happened: in 2009, the New Zealand bank Westpac opened an overdraft client for 10 million New Zealand dollars instead of 10 thousand.

What ended: the charge of embezzlement, the sentence for 4 years and 7 months in prison.

Owner of the refueling Hui Leo Gao, thanks to a bank error, was able to live two years on a grand scale. "The random millionaire," as the man was nicknamed in the media, turned out to be rather ingenious. He did not report the mistake, but transferred money to 23 foreign accounts and immediately left the country.

In total, Gao was accused of embezzling 6.7 million New Zealand dollars, and after the theft was opened, the bank was able to cancel some transactions and return the money - but only 3 million New Zealand dollars. What happened to the remaining 3.7 million is unknown. Neither law enforcement officers nor Westpac discovered them.

What he did wrong: Hui Leo Gao successfully avoided the trial as long as he was on the mainland of the PRC, but was caught trying to enter Hong Kong, which has an independent legislative system and autonomous police forces.

ATM errors

What happened: in June 2014 Kemerovo ATM gave out erroneous amounts due to incorrect loading of banknotes.

What ended: Part 1 of Art. 158 of the Criminal Code ("Secret theft of someone else's property"), a fine of 5 thousand rubles was imposed. The defendant fully pleaded guilty, repented and partially repaid the damage.

Having received instead of the requested 400 rubles 20 thousand, 26-year-old Kemerovo woman, who herself worked at the bank, guessed the cause of the error and withdrew another 80 thousand rubles. Soon the disappearance was revealed and the girl appeared before the court.

What she did wrong: during the transactions with modern ATMs, customers are identified in several ways, including using a hidden video. If you cashed out money, you are not intended, there is almost no chance of avoiding punishment. However, as in the first case, the most correct solution here is to report an error to the bank.

From the point of view of the law

If you notice money of unclear origin on your account, the ATM has issued the wrong amount, or you have received erroneous access to outside accounts - you will not face criminal or administrative liability.

But things change if you start using them, explained Dmitry Shevchenko, head of the legal department of JSCB Lanta Bank. In this case, the court can qualify such actions, depending on the circumstances, or as fraud under Art. 159 of the Criminal Code, or as an appropriation or embezzlement under art. 160 of the Criminal Code, resulting in a prison sentence of up to 10 years.

There are also erroneous transfers of individuals to small amounts, in this case the responsibility lies solely on the sender and the recipient, the bank does not bear any responsibility. However, client-centered financial organizations can help to return the amount due to him to the sender, acting as an intermediary between the parties, who tend to meet each other. Otherwise, the sender can not sue the sender who is not due to the recipient through the court under Article 1102 of the Civil Code of the Russian Federation "Unfounded