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Criminal Law Keyed to Capers
State v. Langford
Citation:
467 So.2d 41 (La. Ct. App. 1985)Facts
On March 18, 1981 defendant opened a NOW account, i.e., an interest-earning checking account, at the Hibernia National Bank in New Orleans with a deposit of $5,362.21. When the account was processed into the bank’s computer it was erroneously assigned a code which provided for unlimited overdrafts without charge to the customer. On September 24 the bank was contacted to verify that a check defendant was offering to deposit at a savings and loan association was good. Upon checking the account, the bank discovered it was overdrawn by $848,879.39. Because of the erroneous classification assigned to the account initially as one eligible for unlimited overdrafts they would not automatically come to the attention of anyone on a day to day basis. Unfortunately for the bank, daily computer printouts which were supposed to be reviewed by a manager supervising defendant’s account on a daily basis were routinely thrown in the trash by some clerk and never reviewed by the manager.
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