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Return Fraud
My question involves criminal law for the state of: NJ
I haven't been charged with anything let alone contacted, but feel it's going to happen. I had some games I got as gifts throughout the months that I didn't want. A friend of mine works at a store and returned them for either other games or down payments on future games. I did this a few times spread across a month or so. All the games were sealed and came from this retail giant, just who saves receipts months after getting a game. I have a big backlog of games from years ago that I still have to get around to playing. Anyway, all of the games I never opened after getting them and returned them down the road for cash back or just kept them. For cash back I returned 2 games I picked up which generated a new receipt, others I just canceled said down payments. The store is allowed to do returns on games with no receipts for something in exchange of even value or store credit or even a down payment as per what the friend has told me, but since I canceled for cash back, I feel extremely uneasy. I'm not sure of the amount but it's at least $250 which i believe is a felony in NJ, 3rd degree I believe with 2nd being $500 or more.
Either way, what I did was wrong and am ready to face any consequences if need be. I came across this website last week and realized this. I have since stopped and refuse to visit the store ever. At first you think it's harmless until the big pictures hits. I wish I saw this earlier. I still have some money around $200 down on future titles, but refuse to pick up said items or cancel said items for store credit / cash back because I don't want anything stacked up against me for walking out with anything. Could they use that against me or would I actually have to walk out with said money / items?
I'm tempted to just talk to someone higher in the chain and come clean. I have talked to the store manager (who's a real good guy) and said he doesn't see a big issue with it and won't be doing anything about it. I have since told him I won't be doing any said returns and he was okay with that.
I'm scared because of security tapes and / or of an electronic trail. I know it becomes an issue when LP is involved.
so my question is, what can I expect or be facing? If they decided to look, would I get a civil demand in the mail first or would cops just show up at my door? Would they just contact me first to come meet with them first to try and admit guilt by filling out a letter? I'm not sure how this all works out and I've gone through many threads in hopes I could find a similar situation, but I can't. I have no problems paying what was lost + a fine even community service, just don't want a record to hinder my future.
Any help is appreciated. (I also have looked into criminal defense attorneys in the area just in case). I am 22 with no criminal history or even a speeding ticket.
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Re: Return Fraud
Maybe I am just not getting it, but...
Where is the criminal activity?
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Re: Return Fraud
OK...question...
Were the items returned to the store they were purchased from? (Doesn't have to be exact store, just say...it was purchased at GameStop, was it returned to a GameStop).
They likely credited you with a most recent sale price. So it's not like you are profiting. You said they were all unopened...
You said you talked to the manager, and he didn't see a big deal...
All I can think of is if you are returning a LOT of games, it may soon like you've been stealing them from someplace.
From now on...keep all your gift receipts and return unwanted gifts asap, instead of waiting.
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Re: Return Fraud
Yes, games were from same company I believe maybe 1 or 2 weren't tops. It's not like I had a pile of games I got for free from lets say a garage sale and went there to do the deed. Majority were from said company, just no receipts because they were months or weeks ago and I just let them sit around. Prices weren't changed so lets say a game was worth $60 then and worth $20 now, then I got $20...nothing was changed. And I never returned a game for straight up cash back either.
Manager was okay with it, but that doesn't mean his boss or LP could come around asking questions or look into it. He understood what I was saying, didn't see much of an issue and like I said, I've since stopped.
If they think I'm stealing said games, then no, I have no reason to steal. I'd rather purchase things I want. I'm sure they'd check to see if the store was losing out on some of these games that were being returned before anything to make sure it wasn't something being stolen in store for a return.
but let's just say they looked into it and I got in trouble. Would they contact me or would cops just show up? That's all I'm really worried about, I get paranoid about things way too easily.
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Re: Return Fraud
If I'm reading this right. You had games that were purchased from a store. Some you bought and some were gifts. You returned the games for cash or credit in accordance with the store's return policy. I don't understand what you think you did wrong.
Some stores will now limit returns from someone who has brought too much goods back. So, if the store in question lists you as a chronic returner, it may restrict your future returns.
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Re: Return Fraud
Exactly Scott, just didn't have receipts. According to my friend, they are not allowed to deny someone a return even without a receipt as long as it is not something expensive like a TV or a game console, something with a serial number basically. This isn't stated on their actual receipt or anything, but it seems to be something followed by most of the stores. Didn't return for cash nor did I return unopened items or change prices, no item was stolen (obviously can't prove that) etc etc. I'm sure it was chronic though and I'm sure I popped up, but I'm just trying to stay ahead of the game just in case and expect the worse / hope for the best.
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Re: Return Fraud
I think you're worrying over nothing.
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Re: Return Fraud
You could be right, but this feeling just doesn't seem to go away. It's like I'm waiting for a dreadful phone call from their LP or for cops to show up randomly at my house.
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Re: Return Fraud
There are lots of things that fall into a grey area between legal and illegal and this is one of them. Basicly, I do not see any criminal intent here. Most crimes have an element of intent and I fail to see any in this situation.
You did not shoplift the games or anything like that. You legally owned them and returned them to the store chain they were purchased from.
If all your relatives and friends know you are really into games, they aren't really likely to know what games you have or the type of games that you want. I would imagine you get all sorts of games that you aren't interested in. Certainly people don't give the receipt with the gift and it would be really rude and insulting to ask a friend or relative for the receipt so you can take it back or convert it to cash.
Stores are well aware people don't get gifts with the receipt so most stores are fairly liberal on allowing returns. They usually ask for ID and most big stores share a returns database to spot fraud, etc. They don't take any legal action, they just refuse to accept returns or make it much more difficult for that particular customer depending upon all the circumstances.
I do commend you on having a sense of right and wrong, but in this case I think your worries are misplaced. I certainly would not volunteer any information.
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Re: Return Fraud
Take a deep breath.....hold....release....
I do think you are worrying over nothing.
Just like I said before, from now on keep all receipts/gift receipts, and make returns asap instead of waiting.
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Re: Return Fraud
Thank you, if something does happen, I'll be sure to return.