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Oh, my bad. See conspiracy above, now that you've dragged your sister into it.

Or maybe not:
Sister: "I'd love to give $5K to your kids for college."
Sister: "But I just don't have that kind of money."
Why: "Well, I don't have $5K, but I do have $4K."
Why: "and I have an ESA already setup that you can put it into if you want."
Sister: "That would be great."

Now if that's what happens, it isn't theft.
And I don't think it's even conspiracy - it's a real gift to the sister - who happens to want to use it for Why's kids.

The problem is what was the intent when the money changed hands...
Why's post didn't provide enough background to make anyone think it's anything other than a sham. And so you came to the conclusion that it was. (and if there were ever some from the IRS looking at it, they would probably come to the same conclusion.)
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