Former bank branch manager sentenced to two years in prison for defrauding 89-year-old customer of nearly 50,000 euros

There are customers, especially older ones, who blindly trust the manager of their usual bank branch, whom they have usually known "all their lives", when it comes to banking transactions. But sometimes this relationship of trust ends badly.

This is what happened in Cantabria to a woman who allowed the ex-director of her bank to access her accounts. Circumstance that he took advantage of to transfer to his private account almost 50,000 euros from his client's account. The Provincial Court of Cantabria has sentenced him, in a recent sentence, to two years in prison and to pay a fine of 1,800 euros for the crime of "aggravated fraud".

According to the proven facts contained in the sentence, the defendant took advantage of "the advanced age and the relationship of trust" that he had with the woman - 89 years old - as the former director of the bank branch of which she was a client.

The man convinced her to give him access to her bank accounts, "being himself authorized in the same". "Using online banking services" that the victim did not know how to use, and "with the intention of obtaining an illicit benefit and without her knowledge, he made four money transfers in her favor". The amounts transferred were 10,000, 20,000, 19,000 and 910 euros. In total, 49,910 euros.

This money remained in the defendant's possession until two years later the woman's grandchildren noticed these transfers and reported the facts to the courts. The following month, the elderly woman died.

In view of the documentary evidence, which accredits the arrangement of the current accounts as well as the movements that took place between them and those of the accused, the Cantabrian Provincial Court has considered these facts to be proven. It did not grant validity to the version of the accused, who admitted having made the transfers, although he alleged that it was at the request of the elderly woman.

Contradictory statements

In addition, the court considers that the statements of the former bank manager "break down in relevant extremes". For example, during the pre-trial period of the case he said that he received the money from his client to administer it. Later, in the trial, he declared that he had it "on deposit".

His explanations about his contacts with the victim were also contradictory. At first he assured that he visited her every week. At trial he stated that he called her every day. In spite of this, he did not know the condition of the woman, who had to be admitted to hospital after a fall.

Finally, he said he knew of the old woman's death when her lawyer informed him, while a niece of the woman testified that she had told him "months before".

"The defendant's version does not hold up," concludes the court, which summarizes what happened as follows: the defendant, "taking advantage of the very great trust (in his own words) that the woman placed in him, and knowing that her advanced age would prevent him from closely monitoring" what the man was doing with her money, and "taking advantage of the authorization that she had entrusted to him in good faith, decided to take advantage of the occasion."

"By means of these repeated and double transfers - the sentence continues - he transferred 49,910 euros to his own personal current account, which were the exclusive property of the woman".

After making these movements using 'online' banking "and therefore behind the woman's back, he simply forgot about her and incorporated the money into his estate, until two years later the grandchildren checked what he had done".

The court considers that this action constitutes a crime of "aggravated swindling", since the man took advantage of his victim's trust and also of his professional credibility, since he had been the director of the old woman's usual bank office.

Even so, the Court has taken into account the attenuating circumstance of the criminal responsibility of repairing the damage since, when he was summoned to testify as an investigator, the former branch manager deposited 50,000 euros in the court with the aim of returning the money to the woman's estate.