Q: I asked my adult daughter to temporarily keep some cash safe for me. Instead she spent it. Was that a crime?
After failed efforts to transfer money from venmo to my bank, I asked my adult daughter if I could transfer the money to her venmo and then physically transfer the cash myself. She agreed but kept stalling for months. She finally confessed to spending my money and “promises” to pay me back (right). I thought I could trust her, obviously not. Has she committed a crime against me?
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A:
Under California law, what your daughter did could be considered a crime, specifically misappropriation of funds or theft. When you transferred the money to her with the understanding that she would hold it for you temporarily, she had a legal obligation to keep that money safe and return it upon your request. By spending the money instead, she may have violated that trust and legal obligation.
The specifics of your situation, such as the amount of money involved and the communications between you and your daughter about the arrangement, will play a significant role in determining the legal implications. If there was a clear agreement that the money was only being transferred for safekeeping, her actions could be seen as unlawful.
It would be wise to document all interactions and agreements related to this incident. If you decide to pursue legal action, this documentation can support your case. However, consider discussing the situation with her one more time and seek repayment before taking legal steps. If that fails, consulting with a legal professional to explore your options might be beneficial. They can provide guidance based on the specifics of your case and help you understand the potential outcomes of pursuing legal action.
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