Attorney asks for dismissal of charges
Dickey: Case is civil dispute, not criminalBy Phil Ray, pray@altoonamirror.com
HOLLIDAYSBURG - The attorney for an Altoona man who spent money placed in his bank account is asking that criminal charges be dismissed, saying they only were filed when his client refused to go along with a plan to repay the bank.
The charges of theft and receiving stolen property against Herbert Starbird were improper and filed as retribution against Starbird, defense attorney Thomas M. Dickey said.
Blair County President Judge Jolene G. Kopriva will consider the request.
"The case is clearly civil in nature and not criminal," Dickey stated in a court filing this week.
Altoona attorney Fred Gieg, who has been representing First Commonwealth Bank, was not available for comment Thursday, but Gieg previously has not commented about the case.
Starbird two years ago noticed that $280,000 had been placed in his First Commonwealth bank account, court documents state. He maintains that the bank was contacted and indicated there was no mistake. He then proceeded to spend more than $150,000 to pay bills.
He told the Mirror a year ago that "I paid every bill I owed. I took care of my kids, my family and everything. I wasn't extravagant."
The problem came in February 2008, when the bank discovered the deposit was a mistake and wanted its money returned.
Both sides entered negotiations to return the money, with a suggestion that Starbird borrow the money from the bank and repay that loan, Dickey said in his motion. Negotiations fell through when Starbird refused to accept the loan because of the proposed high interest rates.
A trial in the case won't occur until Dickey's request has been heard by Kopriva.
Mirror Staff Writer Phil Ray is at 946-7468.
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Ann2323
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11-06-09 5:25 PM
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Plain and simple. The money was not his & he knew that. Doesn't matter who or what it was spent on.
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RidgeRunner
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11-06-09 2:52 PM
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"I might clearly be uncivil but I...am...not...a...crook" said OJ the attorney.
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someone
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11-06-09 2:29 PM
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In his sistuation: I would of took the money and put it the highest rate CD I could get. Then instead of having the interest compounded, I would have the bank send me a check either monthly or quartly. Therefor, when the bank finally figures out their mistake, you have that money to give back to them and also make some in the end. So if he would of found a 5% interest rate- he would of received about $12,000 in one year on that money.
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Whynot
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11-06-09 1:36 PM
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I agree with edrock. Once First Commonwealth, made a direct depoist of someone I work with into my account, and mine into hers. I made more money than she did and we had a heck of a time getting it switched. They claimed it was our employers fault, but then she found out how much more I made, that did not go over well. But I have a degree behind my name and she doesn't. The agency I work for had to give me another check, lol she thought she got a raise.
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pittdan7
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11-06-09 1:06 PM
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Starbird should have donated the money to a charity in care of First Commonwealth when the bank refused to do anything. I doubt a reasonable DA would even consider charges and Starbird could take the high ground when it came to repayment. Being that he used the money for his own personal gain, I think it calls his character into question enough to consider some sort of charges.
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wow123
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11-06-09 12:03 PM
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I know the family, he would not rob your wallet from the ground, he took care of his kids bills also, his son-in law was laid off, and still is so now maybe you can see where some of the money went, not that anyone on this judgmental thread had a right to know. I don't think he made a correct moral decision, but he waited and tried numerous times to get the money out of his account. /wouldn't have made the same decision //not one to judge people I DON"T KNOW ///but I know this guy, don't think anyone else can say that
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DemoDerbyAce
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11-06-09 10:50 AM
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He then proceeded to spend more than $150,000 to pay bills. "I paid every bill I owed. I took care of my kids, my family and everything. I wasn't extravagant." <---- Wasn't extravagant? How did he pay his bills before this huge amount of money magicially appeared? Look on the bright side, since all your bills are paid, now you only have one loan to repay. Shouldn't be too hard since you are debt free now.
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DRILLMAMMA
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11-06-09 9:54 AM
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Lets not forget about the individual that made this computer error. The bank employee. There should be some responsibility there on the banks part. Then an investigation would need to be done if it was a conspiracy and if they knew the people the money went to. Did an employee get their pockets lined also?
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Miller
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11-06-09 9:46 AM
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For once I agree with your tarbaby!! Don't spend what isn't your to begin with!!
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banrel28
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11-06-09 9:13 AM
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DOPEBOY - don't lump all the financial institutions together. There's a difference between the huge mega-banks that created the need for the government bailouts and accepted TARP funds, and the thousands of small community banks, savings associations and credit unions that are locally managed and operate carefully. It's easy for people that don't really understand the complexity of the financial meltdown to include ALL financial institutions as contributors to the meltdown.
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banrel28
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11-06-09 9:05 AM
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If not criminal it should be. How can Starbird be so ethically deficient and morally bankrupt to assume its "HIS" money when he knows that it wasn't. This guy would probably clean out a wallet if he found it lying on the sidewalk. I do question the bank's competency in this matter, but it doesn't justify Starbird's audacity in spending the money. Just paying bills??? Really, wow, he must have a heck of a lot of bills! I also agree that with the payment arrangement, the bank shouldn't have charged interest, they should have just been glad to get their money back since it was their error in the first place.
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jetsy62
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11-06-09 8:36 AM
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I probably would have done the same thing. If he informed the bank that THEY made a mistake and it was not in THEIR favor and they insisted it was not a mistake, truthfully I would have probably done the same thing. It took the bank almost a year to figure out the man knew what he was saying and THEY were wrong. Then to offer him a loan with interest. How special. A payment plan with no interest is the best the bank should get. And if this case makes it to jury trial, I am not so sure they would get that option. Right or wrong, people are not happy with most financial institutions at present.
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orwell
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11-06-09 7:59 AM
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I agree with Dickey. If there is any case against Starbird, it is a civil matter. I don't see where a crime was committed. No theft was involved... the money was placed into the account by the bank. Does he owe the money back to the bank? Probably, but the criminal charges should be thrown out. He also shouldn't have to pay loan interest fees, either. He should have to pay the same interest rate the bank paid him for his deposits... anywhere from zero to 0.5 percent, most likely.
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JohnParker
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11-06-09 7:41 AM
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If the bank said it wasn't a mistake after he brought it to their attention, it should be considered a business loss.
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Dopeboy668
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11-06-09 7:33 AM
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If I told the bank teller and they said "there was no mistake" and did nothing, I'd spend every penny and disapear. I mean the guy tried to do the right thing and the bank did nothing. Tell me you have $280,000 just sittin in your ckecking acount for months you wouldn't spend it? 99 outa 100 would. The only moral thing to do would be let the guy make payments interest free. But as stated in a previous post banks are anything except moral.*****bailout shoulda let the gready mofo's go under. They took all that $ and are sittin on it. Anybody try gettin a loan lately? It's almost impossible and thats what that money was meant for. Aahhhhh don't get me started. Luckily it'll all be over in about 25 months an 15 days. Peace.
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mindy3574
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11-06-09 6:28 AM
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I THINK FCW BANK SHOULD BE REPAID, BUT WHERE IS THEIR RESPONSIBILITY IN THE MISTAKE. THEY SHOULD HAVE LOANED HIM THE MONEY TO PAY BACK WITH OUT INTEREST TO MAKE UP FOR THEIR OWN MISTAKE. INSTEAD THEY WANT TO MAKE MONEY FROM IT. I GUESS 2 MILLION IN UNSUFFICENT FEES EVERY YEAR IS NOT ENOUGH ALONG WITH THE INTEREST THEY CHARGE.
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pete22
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11-06-09 6:24 AM
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Brutis - Let's just repeat something we've heard on TV about the big bad bankers. If you even know any bankers how many do not operate on moral principles? Is it the lending of money that is immoral or the fact they expect it to be repaid?
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DRILLMAMMA
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11-06-09 4:33 AM
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For once I agree with brutis. But, I must admit First Commonwealth make mistakes and thats why I closed my account there. Only the mistakes they made on my account were money that decreased my account not increased it. I had to make many phone calls and go there personally to get things right.
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edrock
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11-06-09 4:27 AM
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!It was not their money and they knew it.Pay it back.first commonwealth bank is the worst to deal with anyhow.
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brutis
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11-06-09 1:47 AM
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From a moral standpoint. Starbird should of made a personal appearance to the bank manager. And perhaps he did. Even then, Starbird had the opportunity to evaluate the deposit, and not touch it, if he knew the money was not properly his. On the flip side, Bankers do not operate on moral principles. And not until a year later, did the bank realize/decide the deposit was an error. Thus, the moral of the story is evident.
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