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Don't know what jurisdiction you're in, but fraudulent transactions[1] == "theft" in the colloquial/moral sense where I'm from. Malice is not requisite to defraud.

[1] I charge you for services but do not provide them.

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Where I'm from, theft requires intent. Fraud requires intent. If money is lost through unintentional error, there may be legal repercussions, but it will almost assuredly be a civil suit. I don't see how it would be untenable to charge anyone at Facebook with an actual crime for this.

http://en.wikipedia.org/wiki/Fraud http://en.wikipedia.org/wiki/Theft

It's not entirely simple, because when they realise the mistake, they have to correct it. I don't know how to unpack the question of whether Facebook has realised the mistake, and I don't know what Facebook's internal state is.

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