I'm confused why Brigade isn't being charged criminally. Any time a individual receives a transfer in error and doesn't return it, they are hauled off to jail for theft of funds.
They’re arguing that Revlon prepaid the amount they owed to Brigade for financing a deal. Moreover, Citibank was the bank that was supposed to be making payment installments to Brigade on Revlon’s behalf.
This is very different from the case you’re referring to.
Money came from Citi bank which is just facilitating the transfer and an employee made a mistake a used bank money instead of the entities money.
It's like you payback the loan but the bank accidentally uses its own money and not your money. You'd get hauled off to jail if you didn't return the money.
I am not sure it is so simple mistake as a typo by a single employee , brigade was paid the exact amount they were owed principal + interest . It wasn’t some one’s transaction they got, they were instead paid early by mistake .
It is more like you dad who guaranteed your loan paid it off fully instead of paying only the monthly amount and now saying it was a mistake.
Administrator in this context is more a guarantor than facilitator .
Sure courts may say that your dad does get the money back, but it is not straightforward as you say, if you were that lender getting the money back from a likely defaulter , you surely won’t give it back unless the court says so.
The argument here, from Brigade Cap, is that they simply got paid the outstanding debt - as the transfer equaled to that same figure.
But, logic from the business side, says that no company would realistically drain all their resources on paying outstanding long-term debt. That's why they took out the debt in the first place.
Example: https://www.bbc.com/news/world-us-canada-49643015