criminal-law theft
Can withdrawal of funds from bank account by a relative be a basis for criminal case?
<p>A friend of mine is in need of desperate guidance. She lives in UAE and is of Indian origin. Her husband died of cancer three years ago and had 401k with Fidelity. Suspecting his year-long battle with the disease, he withdrew the funds from 401K to his bank account. Her husband was working for an Airline and had properties in UK and UAE. His nephew who works for a investment bank in the USA, withdrew a large sum of money > 500k$ using his userid and password (She does not know how did he get hold of the login credentials as her husband never gave to him) to his bank account in the USA. Her husband died three years ago. She came to know only after 3 months of his death. Now her husband's family is after his property and all his bank balances. There are lawsuits in UK and UAE between her and her husband's family for the cash and property. But in UAE the wife gets only 1/8 if Syria law is applied but goes to wife if Hindu law is applied.</p>

<p>Can a criminal case be filed now against his nephew for illegally withdrawing funds two days before his passing? The bank refused to take any action as it was withdrawn using login id and password.</p>

<p>A person who accesses a bank account without authorization and transfers money violates the <a href="https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title15-chapter41-subchapter6&amp;edition=prelim" rel="nofollow noreferrer">Identity Theft and Electronic Fund Transfer Act</a> and may be fined and imprisoned. This is a federal crime, so it would be federal prosecutors who pursue any criminal charges (if that are persuaded that the access was unauthorized). The bank cannot do anything – it's up to someone else to establish that a crime was committed.</p>

<p>I assume that the husband died without a will, and was a UAE native Muslim, so Sharia law of inheritance applies. In case he was an Indian expatriate, Indian law may apply (then the question of his religion arises again because of the different inheritance laws). See <a href="https://www.professionallawyer.me/legal-articles/inheritance-law/inheritance-rules-for-non-muslims-in-the-uae" rel="nofollow noreferrer">this article</a> for some of the complications and conditions for non-Muslim inheritance. Of course, the UK courts may disagree at least w.r.t. the property held in the UK. </p>
