germany insurance company is asking for their referral bonus back after they said it is mine I was wrongly transferred a referral bonus of 12k euros spanned across 10 transactions for a year starting Summer 2021 from my insurance company. I did not refer anyone however. I reported the problem after the 2nd transaction saying that I wasn't expecting any money and I just got around 5k in 1 day as I did not submit any invoices for reimbursement or anything of that sort. The insurance company replied back a day later saying this is indeed my money and thank me for all my referrals. I just assumed someone was using my referral code and didn't bother to bring this up again especially when it's cumbersome to find an english speaking support agent here. Fast forward, I get around 7k in 8 transactions in around 9 months bringing the total to 12k in 1 year (ended in Summer 2022). A week ago, I get a letter from my insurance company saying that they have found a glitch in their system and I was wrongfully transferred 12k during the time period mentioned above and kindly ask me to transfer it back as well as acknowledging that I reported this problem back in Summer 2021 but they weren't able to detect it. From a legal point of view, what are my chances of keeping the money based on the above information?
From a legal point of view, what are my chances of keeping the money based on the above information? None, unless a period of more than 3 years (§195 - Standard limitation period ) has past before the return request was made. §812 - Claim for restitution - German Civil Code (Bürgerliches Gesetzbuch BGB) (1) A person who obtains something as a result of the performance of another person or otherwise at his expense without legal grounds for doing so is under a duty to make restitution to him. This duty also exists if the legal grounds later lapse or if the result intended to be achieved by those efforts in accordance with the contents of the legal transaction does not occur. §818(3) would also not apply (where you no longer have the money), since you have acknowledged that the reception of the money was incorrect (i.e. you spent it knowning that it was not yours) §818 Scope of the claim to enrichment ... (3) The liability to undertake restitution or to reimburse the value is excluded to the extent that the recipient is no longer enriched. ...
I assume you are talking about this case: FORIS GFS AUSTRALIA PTY LTD vs THEVAMANOGARI MANIVEL. For that amount, most people would be willing to break the law to keep it, and good advice what to do would be “ask a lawyer”. Needs citation. I certainly wouldn't: a) I think taking money that I know doesn't belong to me is wrong, b) even if I didn't believe that, the amount is so large the bank will certainly eventually come after it. The amount is so large I won't credibly be able to claim an innocent mistake. Simply hiding the money won't work, since the bank will be able to demonstrate that the money was deposited in my account, and I did withdraw it. I would be required to make restitution. This is exactly what happened to the defendant in the above case: they split up the money among friends and bought a house. The house is now being sold by the court, with the proceeds used to reimburse the plaintiffs. Would a lawyer be allowed to give me legal advice to help me keeping this money, for example by giving 500,000 each to twenty reliable friends, moving to Panama, or whatever would allow me to keep and spend the money? (Not asking whether two strategies that I came up with in ten seconds would actually work). Especially if it is advice if the form “X is illegal, but you can get away with it”. No. For example, the American Bar Association Model Rules of Professional Conduct, Rule 1.2 Scope of Representation &amp; Allocation of Authority Between Client &amp; Lawyer states: (d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. That's just a suggested ethical standard, but most countries will have something along those lines. Note also that in the US there is also a &quot;Crime-Fraud&quot; exception to attorney-client confidentiality. If a lawyer assists a client in carrying out a criminal or fraudulent scheme then their communications are no longer privileged and can be subpoenaed and introduced as evidence in court.
If the employee has the choice - bonus and membership, or no bonus - then I expect the offer to be legal. Since it is a real bonus and part of your salary you will have to pay income tax on it. What might be illegal, but not your concern, is if your company tells investors how well the company is doing, and how well the membership scheme is doing, when in reality 80% of members are employees paying effectively nothing.
Choice of jurisdiction: You’re pretty much free to choose your jurisdiction. You don’t have to contract under German law. The German state will intervene though if you’re doing criminal stuff. Legally, the best is of course to draft a written agreement. You’re completely free in the terms (unless it becomes immoral, § 138 BGB), but a loan, § 488 BGB (Darlehensvertrag), with a 0% interest rate (if it’s meant as a short-term aid) is standard. The next level is to collateralize your loan, specifically with a pledge, §§ 1204 ff. BGB, i. e. your friend gives you a valuable item which you may (and actually have to) sell for profit if he doesn’t return the loan. However, unlike contract law, in property law you are not completely free regarding the terms (numerus clausus of property law, Typenzwang des Sachenrechts). Here it becomes too difficult though for the layman, so I wouldn’t recommend that unless you know what you’re doing. Ultimately, I/we think it’s nice of you to consider helping out your friend, but as Nike Dattani already portrayed it can get really nasty if you intend to legally enforce such matters. Trish mentioned the saying: Friendship ends where business begins. I, too, suggest to refer your friend to a pawnshop, research (third-party) microloan opportunities, and help him without directly giving him cash, dine together and offer company (i. e. address the psychological dimension financial troubles entail). PS: § 9 SGB Ⅰ: Germany is (to some degree) a welfare state. Maybe your friend is eligible for some kind of assistance. However, and probably typical of Germany, if you want to get money, you have to fill in forms.
Normally the statute of limitations is five or six years (I think it's different between Scotland and the rest of the UK). The reason for the limitation is that if your employer asks for money back, you obviously should be able to defend yourself, for example by proving that you never received that money. After five or six years it is assumed that you wouldn't be able to provide any such evidence, so nobody can ask for the money back anymore. That's not specific to overpaid wages but quite general. In addition there is the question whether the pilots should have known they were overpaid. For example, I'm quite happy with my salary, but if it was less, I would look for and find a different job that pays better. If the company claimed in five years time that I had been overpaid all the time, then I would say that if they had given me the "correct" lower payment, I would have found a better job elsewhere, so asking me to repay the money seems quite unfair. (Why do you need to defend yourself? Maybe your salary was £3,000 per month. Someone in the right position records that they are paying you £4,000 but puts £3,000 into your account and £1,000 into their own. Then that person has an accident and their replacement finds that you were overpaid according to their records.)
Is it illegal to ask a company for money in exchange for information on a bug in their software/website? That in itself is legal. Indeed, the company would incur unjust enrichment if it coerced you to disclose your discovery for free. Only if you threatened the company to divulge to others your discovery unless the company pays you, it would be illegal and trigger charges such as extortion (likewise, legislations outlaw the unjustified delivery of programs or instructions for hacking a software/network/etc., although this goes beyond your actual question). Can the company take legal action against me? That seems doubtful, futile, and it could backfire (please note I have not done any research on legal precedents about this). Although the terms and conditions of the website or the End User License Agreement (EULA) of software might prohibit you to reverse engineer (RE)/decompile/etc. the application, anti-RE clauses are unenforceable and the remedies therefor are indeterminate because the sole act of conducting reverse engineering does not subject the company (or third parties) to any losses. The company's decision to take legal action for your discovery could backfire from two standpoints. First, it calls attention to the fact that the software at issue is defective and unsafe. And second, the bug is likely to be detected by someone else anyway, thereby potentially compromising customers' systems.
Threatening to report the uninsured driver to avoid payment would be blackmail and illegal / criminal. As a result, they are not going to do this. Reporting the uninsured driver on the other hand is their civic duty. So they can get your friend into trouble, but they can't get around paying. Is your friend insured now? If not, tell him to get insured IMMEDIATELY. And if they are very lucky, the other company doesn't figure out your friend was uninsured, and they get away with it when they make a claim. Alternatively, tell them to figure out how much the damage is, how much the repair will cost, and whether it is worth taking the risk.
There are several plausible possibilities. This is a scam and isn't actually from the public transit authorities, in which case paying them hasn't helped you, and has contributed to this being a problem in the future for others. The payment information may have some subtle differences from the correct information and may actually go to the fraudster. The EBE number discrepancy makes this the most likely scenario in my opinion. There was a technical error. Maybe someone with a name similar to your was really cited, but due to a typo, your name was entered instead and the street address and corrected name were entered via some sort of autocorrect function. Somebody got lucky and avoided the ticket that should have gone to them. Maybe somebody went into the wrong field in the ticket entry system which could also explain the EBE number error. Someone has stolen your identity (perhaps a refugee) and is going around with a fake ID using your name and address. This doesn't explain the EBE number discrepancy, however. I've also heard of cases in some big cities where two people have the same name and birthdate and are constantly getting tickets meant for the other person but don't discover this fact for many years. Maybe someone like that recently moved into your town. This also doesn't explain the EBE number error. The bottom line is that even though it would perhaps be cheaper and less time consuming in the short run to just pay the fine, I would not recommend doing that in this case. In scenario 1, you really have a moral civic duty to take a little extra effort to identify a fraudster who is preying on lots of people in your community. In scenario 2, you again, have something of a moral civic duty to help the transit system get this problem fixed, and who knows, it might be a technical problem that is prone to recur and if you don't address it the first time, people will assume that your "confession" of fault by paying the first ticket undermines your credibility if it happens again. In scenarios 3 and 4, the problem is likely to recur and so you have an interest beyond this transaction in sorting out the situation. While your bare assertions that this didn't happen might fall on somewhat deaf ears as potentially self-serving, when corroborated by the fact that you have a monthly pass, I think that the likelihood that you would be found to be credible and beat the ticket is great in your case. Germany is less corrupt in bureaucratic matters like this than most countries on Earth. If this is a scenario 1 situation, the legitimate transit agency wouldn't even have a record of the existence of a ticket in the system, so you could be reassured that you would be at no risk if you didn't pay it. Given the EBE number problem, it is quite possible that even if you did try to pay it and it was simply a human data entry problem or something (or maybe your ex or a high school bully you defied and forgot about is now a transit cop and trying to inflict revenge) that you might not get proper credit for it anyway, so talking to a person at the agency is probably necessary anyway. So, my advice would be to talk to a human being in their office, ideally by telephone (without using the ticket to determine the proper telephone number as the number on the ticket would be a scam in scenario 1), but in person, if necessary, to get to the bottom of this. If this didn't work, I would write a letter or email with a copy of the ticket enclosed. If this falls on deaf ears, I would even consider making a police report of a suspected fraud, or even enlisting a local newspaper reporter or television news reporter in pursuing this situation because it is odd and would resonate with the general public. All of this will be a pain and won't necessary make narrow economic sense, but we don't always have a choice about when duty calls to fix a problem or what problem that will end up being.