Please note that the events in question are not about me, but rather a friend (not a "friend", a friend).

This story begins over a year ago when Sean and Dave were roomates (names changed for confidentiality reasons). Sean owed Dave around $100 dollars. Sean decided it would be a good idea to let Dave use his party poker account to pay back the $100 (morons).

Dave racked up over $800 in losses on Sean's account. Needless to say, Sean was pissed. Dave and Sean worked it out, and Dave was to pay Sean the $700 in debt. That was over a year ago.

Since then, Sean has repeatedly pestered Dave about the aforementioned debt. Unfortunately, Sean lacks some of the resolve necessary to retrieve the aformentioned debt. He was unable to intimidate Dave into giving him the money. He spoke to the parents of Dave about the debt, explaining he did not want a bad situation to arise. The parents said they would talk to Dave. He has not heard anything more from them.

Sean has been trying to contact Dave for weeks now. In the past, when Sean talked to Dave, Dave would promise the money at some future date, but never deliver. Recently, Dave has been avoiding Sean, ignoring his calls, etc. Sean finally got through to Dave. Dave said, in short, "I dont have the money right now, what do you want me to do?" Needless to say, Sean is pissed.

Around this time, Sean realized he had the login information to Dave's online bank account (do not ask me how he got this, this story is ludicrous I know). Sean has come up with a rather risky idea.

Sean will wait til Dave has the required money in his account, deposit that money to party poker, transfer the money to his party poker account, then transfer the money to his neteller account.

What are the moral and legal ramifications of this situation. Also, does Sean HAVE to wait for the money to appear in Dave's account. I have noticed that at times when I use IGM pay, money will appear in my Party account but not be removed from my bank account for upwards of 4 days. If Sean can deposit on credit, then cashout, will Dave incur an overdraft fee? (Sweet revenge if so).

Finally, please note again that this is in no way me, and Sean does not even know I have posted this on 2+2 (nor does he to my knowledge know this forum exists).

Again, what are the moral and legal ramfications of Sean's intended actions.

Thank you for your time.

Edit: cross posted in oot