Comment by latexr
9 hours ago
> exactly what crime could they be prosecuted for?
Note that “crime” has a specific definition in law. You don’t have to be a criminal (commit a crime) to be rightfully sued, civil suits are a thing.
Anyway, your parent comment already answered the question, they would be sued by negligence.
In the U.S., a lawsuit can be either civil or criminal.
Only the government (e.g., federal, state, local) may bring a criminal suit.[1] But in both civil / criminal cases they are still a suit under the law seeking some form of ordered relief from the Court.
Essentially, you can think of "criminal" as a category of law and relief (e.g., prison) that is only accessible to the government.
Both the government and citizens may bring "civil" suits. Very generally, the remedies in civil suits are a court order to 1) stop doing a thing; 2) to do a thing required by law / agreement; 3) to transfer property, usually but not always money, from one party to another; or 4) to define a set of rules governing the parties going forward.
[1] There may be some obscure exception to this, but it is true for everything I've ever seen / heard of.
I think it’s the mixed terminology that’s causing confusion. Prosecution is for criminal offenses. Lawsuits are for civil cases.
What negligence? They got their own money stolen. You do not get sued for being robbed of your money, normally. If they do not have the liquidity to let people withdraw money that is another issue, but it does not seem to be the case.
Withdrawals are still blocked.
The distinction between civil vs. criminal was the core of my comment. Sure they can be sued. But what exactly would they be prosecuted for?