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Law in Popular Culture

In Real ‘Wonderful Life,’ James Stewart Might Have Gotten 2 to 7 Years

Posted Dec 18, 2008 5:55 PM CST
By Martha Neil

Considered classic holiday fare with an uplifting message, the schmaltzy It's a Wonderful Life actually remains well worth seeing because of the gritty reality it portrays to those with a cynical mindset, a New York Times critic writes.

The 1946 Frank Capra movie accurately points out, for instance, the perils of trusting bankers, which has led to an upswing of interest in the current financial crisis, not to mention the fun to be had on the bad side of town, writes Wendell Jamieson.

However, it failed to focus on the real-life legal consequences of a missing $8,000 bank deposit, he writes: Even though friends of George Bailey, who is played by James Stewart, refund the money taken by another character in the film, in actuality George could well have faced a larceny charge over the theft.

Checking with District Attorney Frank Clark in Erie County, N.Y., where the fictional Bedford Falls might well have be deemed to have been located, Jamieson confirmed Stewart's legal peril.

“If you steal over $3,000, it’s a D felony; 2½ to 7 years is the maximum term for that. The least you can get is probation," Clark told him. "You know Jimmy Stewart, though, he had that hangdog face. He’d be a tough guy to send to jail.”

Comments

1.

Chip Conway
Dec 19, 2008 5:58 AM CST

It’s Christmas, Girl, lighten up….we are too darn litigious.  We ought to be happy for the good things in life—a nice house, a good spouse, and a job.  When you lose one, you have problems.

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2.

William S. Daniel, Attorney
Dec 19, 2008 6:39 AM CST

The “missing” $8,000 bank deposit?
Uncle Billy “lost” tha bank deposit envelope
when it got mixed up in Mr. Potter’s newspaper.
Potter “stole” it when he later found it in the
folds of his newspaper and he refused to return it to the bank.  Thus, Building & Loan
President and CEO George Bailey lacked the
“intent” required to commit larceny.  No crime.
And the Building & Loan had to have blanket
bond insurance coverage for any “missing”
funds, so it would be a civil matter between
the bank and its insurer.

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3.

logos
Dec 19, 2008 7:49 AM CST

True, there is no crime, but that doesn’t exactly prevent the filing of a criminal charge.

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4.

jim rumbaugh
Dec 19, 2008 9:47 AM CST

George didn’t take it…and more importantly there is no evidence HE did. What judge would sustain an indictment .......based on what?

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5.

Ken Ashford
Dec 19, 2008 10:07 AM CST

Come on.  Since when does anyone go to jail for fiduciary irresponsibility in the real world? 
In the *real* “It’s A Wonderful Life”, not only would George Bailey have emerged uinscathed, but the Building & Loan would have flourished… thanks to a no-strings-attached government bailout.

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6.

Keith Anderson
Dec 23, 2008 6:25 AM CST

Don’t we have enough to think about without trying to make great movies into legal analysis scenarios - what a waste of time.  Can’t we just enjoy the movie and teach our kids about being good to other humans in need?

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7.

Mark Miller
Dec 23, 2008 7:48 AM CST

Forget the missing money.  George (Stewart) started drinking and wrapped his car around a tree.

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8.

jo flo
Dec 23, 2008 8:09 AM CST

thats right, he wrapped the car around a tree after boozing. I bet he had planned to split the missing 8k with Mr. Potter, it was a conspiracy!  and spend it in the bad part of town!

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9.

B. McLeod
Dec 23, 2008 8:38 AM CST

Sure, but he didn’t run over anybody, and in those days he would have spent a few hours in the “drunk tank,” then been cut loose on his own recognizance.  Later, he would have had to pay a small fine, and the judge would have said, “Now, George, this here getting tanked up and wrapping your car around trees has just naturally got to stop.”

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10.

Amanda
Dec 23, 2008 8:39 AM CST

I don’t know why this is a surprise—in the movie, George Bailey yells at Uncle Billy about how the missing money means that he (or they) will go to prison.  (It’s not a particularly nice scene.)

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11.

Ed Kelly
Dec 23, 2008 8:52 AM CST

Never trusted that Jimmy Stewart guy. Drunk driving, theft, dumping his honey in the swimming pool….and to top it all off that silly old angel ended up getting his wings as a reward!

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12.

Chris
Dec 23, 2008 9:03 AM CST

Since we are attempting to mix fantasy and reality, I wonder why Harvey didn’t make an invisible guest appearance, take the money back from Potter, and make the bank inspectors look like goofs.  But then, that was another movie, and you just can’t predict what a Pooka might do.  I guess I’ll just have to smile and agree with the movie title—it _is_ a wonderful life.

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13.

B. McLeod
Dec 23, 2008 9:06 AM CST

If you really want to “see” some irresponsible spending, just give a few thousand quid to a phuca.

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14.

K.Bird
Dec 23, 2008 9:11 AM CST

Not only does George win the admiration of his neighbors, he builds Bailey Park with savings and loan money to provice affordable homes for working stiffs.  The mean old bankers are subsequently forced by Washington to lend money to working stiffs who can’t afford the escalating interest rates and ... well, the rest is history.  Instead of going to jail, the bankers get their fat bonuses at the working stiffs (taxpayers) expense.

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15.

Senescu
Dec 23, 2008 9:16 AM CST

Let’s see, the president of the Building & Loan hands the money to another officer or at least a manager, uncle Billy, for the deposit. Its uncle Billy who loses it, not George. No fraud, no embezzlement; neither use the money for vacations, shower curtains or executive jets. Its Mr. Potter who knowlingly keeps the money and does not disclose it to the D.A. or bank inspector. In fact since this all takes place Christmas Eve, the cash collected at the end could be deposited on the next business day. We actually see the arrest warrant torn up. You could get him for drunk driving, Ernie the cop for reckless use of a weapon, the owner of the bar in Pottersville for violations of the dram shop act “we serve stiff drinks for those want to get drunk!”  Potter is the one with criminal intent.

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16.

Confused
Dec 23, 2008 9:20 AM CST

What the heck does “schmaltzy” mean?

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17.

M. Miller
Dec 23, 2008 9:25 AM CST

I love watching that movie every year.  But as soon as the kids see it’s in black and white they start wandering off.  But, dammit, I’m going to try again this year, and next, too, until they’ve watched the whole thing at least once!

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18.

John
Dec 23, 2008 9:39 AM CST

I find it hard to believe that the author of this article ever saw the movie.  The Journal should be embarrassed about this one.

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19.

.
Dec 23, 2008 9:57 AM CST

It’s A Wonderful Life is my favorite holiday movie in which the main character tries to commit suicide.

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20.

Andy the Lawyer
Dec 23, 2008 10:45 AM CST

Every time the Christmas tree bells jingle, an investment banker gets his seven figure bonus.

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21.

Mary Pat Toups
Dec 23, 2008 11:04 AM CST

Did anyone at the ABA Journal see the movie “It’s a Wonderful Life”? Yes, the Journal should be embarrassed by this. Next December, every employee of the Journal should be required to sit down and watch this entire movie.

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22.

jwilder@wilderandlinneball.com
Dec 23, 2008 11:21 AM CST

Merry Freaking Christmas :)

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23.

Eileen Buholtz
Dec 23, 2008 11:56 AM CST

Seneca Falls, New York, in Seneca County http://www.co.seneca.ny.us/  is the reported locale for “It’s a Wonderful Life”.  You should have contacted the DA of Seneca County.

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24.

Observer
Dec 23, 2008 1:09 PM CST

Clarence should’ve been prosecuted for obstructing justice when he distracted Pottersville Cab Driver Burt and Cop Ernie and enabled crazed George to escape.  This was not a victimless crime, as George then proceeded to assault the local librarian.

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25.

Scrooge
Dec 23, 2008 2:36 PM CST

Well this over analysis of a fictional movie just ruined another one of my favorite holiday movies. Let’s please ruin the holiday with an overanalysis of A Christmas Carol. I’m sure we can find the three ghosts guilty of kidnapping and Ebeneezer in violation of some employment/labor law.

Merry Christmas everyone!

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26.

To helen back
Dec 23, 2008 3:13 PM CST

If George Bailey gets two to seven, what should George Bush get?  I’d issue pardons to both for services rendered to their country.

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27.

Leo
Dec 23, 2008 7:15 PM CST

Re: Comments 17 & 21 - The Journal be embarassed! If you look at the dreck they put up here every week, you’ll know they are beyond ever being embarassed. Most people would be ashamed to post much of what the Journal posts every week, but the Journal keeps on posting it week after week. Before the most recent change of style, these weekly postings were actually useful. Now, we get dreck. It’s like paying dues to read a supermarket tabloid!

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28.

Darn it Shane
Dec 23, 2008 11:20 PM CST

My legal education sucked all of the joy out of Holiday television.  Where I once took simple pleasure in the annual holiday programming now I find out that George Baily could get 2-7, wonder how much the time the Grinch would have served, and have Christmas dinner debates with my significant other about whether Santa’s workshop was a public institution within the meaning of Title IX as the female reindeer don’t appear to have reindeer games funding.  And we won’t even talk about the labor law issues in what was once a claymation wonder.  Thanks law school!

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29.

George Bailey
Dec 24, 2008 11:27 AM CST

I want to thank everyone for letting me know Potter has the money.  I will call the law once my head quits hurting from my hangover.  Merry Christmas!

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30.

Michael
Dec 24, 2008 8:50 PM CST

at #19 - Laughing my butt off when I should be wrapping Christmas gifts. Thank you for the chuckles.

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31.

George Sly
Dec 26, 2008 10:49 AM CST

So much for the Christmas spirit.  However, as so many of you have already pointed out the crime is actually committed by Mr. Potter.  I haven’t seen the film in years but as I recall Potter is handed the money by a clerk, so there is a witness.  A proper investigation would lead to Potter, who would go to jail for larceny, and lying to authorities (the false charge against George).  Come to think of it, that should have been the ending, with Potter on his way to jail.

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