State v. Jones

Facts

When the overpayment occurred, defendant Keyshawn Jones was a truck driver who worked as an independent contractor. At that time, he was driving trucks for EF Corporation, which was doing business as WEST Motor Freight. West gave its drivers the option to have money withheld every payroll period and placed in a maintenance account for the driver. Defendant participated in the maintenance account program and, in July 2012, requested $1,200 from his maintenance account. But Sherry Hojecki, West’s payroll processor, made an error while trying to type in the $1,200 payment, accidentally typing in “$120,000” instead. Despite West’s instructions, defendant made several withdrawals and transfers that removed almost all of the excess funds from his account. Three days after being asked not to withdraw the funds, defendant made seven ATM cash withdrawals of $1,000 each, totaling $7,000. He also electronically transferred $20,000 from his checking account to his savings account. The next day, defendant went to one of SECU’s branch locations to withdraw more of the money.