A Maryland appeals court holds that the co-owner of a joint account can be guilty of theft for stealing from that account. Wagner v. State of Maryland (Md. Ct. of Special App., No. 2299, Oct. 30, 2014).
Marion Wagner asked his daughter, Jacqueline Wagner, to assist him with his finances. To aid with this, Mr. Wagner added Ms. Wagner to his bank account as a joint owner. Later, Ms. Wagner withdrew money from the account for her own use.
Ms. Wagner was charged with theft. At trial, Ms. Wagner argued that she could not be charged with theft for withdrawing money from a joint account because both parties owned the account equally. Mr. Wagner testified that he added Ms. Wagner to the account only so that she could get money out for him. The court found Ms. Wagner guilty, and she appealed.
The Maryland Court of Special Appeals affirms, holding that Ms. Wagner could be guilty of theft for stealing from a joint account. According to the court, "titling an account as 'joint owners' presumptively creates an ownership interest in both parties, but that presumption can be rebutted by evidence of a contrary intent of the original owner of the account."
For a short analysis of the decision by Katherine C. Pearson of Penn State Dickinson School of Law, click here.
For the full text of this decision, go to: https://www.mdcourts.gov/opinions/cosa/2014/2299s13.pdf
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