Your analogy is off the planet. DBS didn't steal anything. They had something stolen from them.
Here's a better analogy. You're looking after your friend's car while he's in reservist. It gets stolen while it's in your care. Your friend sees his car being driven around and calls you up to ask what the hell is going on.
Being a good friend, you take responsibility and buy him a replacement. He now wants to SUE YOU for allowing it to be stolen in the first place even though you've made good.
update
Understanding the legal nature of bank deposits: Forum
Straits Times
THE reports ('DBS/POSB customers hit by unauthorised ATM withdrawals', last Friday; 'ATM fraud 'contained', traced to two machines in Bugis area'; last Saturday) and the letter ('Give customers peace of mind' by Mrs Ong Chooi Peng; last Saturday) demonstrate a lack of understanding of the legal nature of bank deposits.
Last Friday's report began with the sentence: 'At least 200 DBS Bank and POSB customers have been hit by an ATM fraud that has seen some $200,000 stolen from their accounts.'
This is not correct. When someone deposits money with a bank, he is in effect lending money to it. Property rights to the money pass to the bank. In return, the bank owes its customer a debt. At that point, any money stolen or pilfered from the bank is its money, not its customer's.
The bank continues to owe its customer the same debt unless there are special contractual stipulations allowing it to transfer the loss to its customer. This usually takes the form of a contractual stipulation that customers are required to check their monthly bank statements and object to any unauthorised transactions within a stipulated time. It is only at this point (and assuming the clauses survive a challenge in court under the Unfair Contract Terms Act) that the loss is 'transferred' to the bank's customers.
If the news reports are accurate, it is not likely that sufficient time has passed for this point to have been reached, unless DBS' terms are particularly harsh. It is therefore also not technically accurate to speak of the bank 'reimbursing' its customers. All it has done is correct its accounts to accurately reflect the state of its indebtedness to its customers.
There should be cause for concern only if the fraud is so significant that DBS' solvency is in question, as customers are unsecured creditors, though this is clearly not the case. Customers are also protected to a limited extent by the bank deposit guarantee in the event of its insolvency.
Associate Professor Kelvin Low
Associate Dean (External Relations)
School of Law
Singapore Management University