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My Husband Was Caught Stealing $4000

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  • 08-03-2010, 04:49 PM
    jk
    Re: My Husband Was Caught Stealing $4000
    Quote:

    Quoting Security Consultant
    View Post
    This really odd. The New York Civil Demand law only allows the retailer to collect a maximum of $500. I have no idea why they would limit themselves in this matter. I would have preferred charges and pushed for full court ordered restitution. I can tell you that CVS is known to file charges against employees who steal from them.

    While they may be limited to the $500 for the civil demand, they have a promissory note for $4k for the stolen merchandise.


    Quote:

    do you think they purposely lied to him to make him believe that nothing else was going to happen?
    Noway to know. It is wholly up to the folks at CVS.
  • 08-03-2010, 04:50 PM
    Security Consultant
    Re: My Husband Was Caught Stealing $4000
    Quote:

    Quoting imlostandimfound
    View Post
    if that is the case, then why would they have let him go without call the police while he was there, if this is going to become a criminal matter wouldn't they have had the DEA or police come while the loss prevention manager was questioning him.
    We are very worried because when he left all they told his is that he would have to pay restitution and his name would go on the ESTEEM data base, and that there would be no charges pressed, unless they found more/other stolen goods.

    No they would not have. This is a large theft case involving the the theft of controlled drugs. I believe this case will be presented to the DA and possibly to a Grand Jury for indictment. Like I said earlier - get to an attorney now.
  • 08-03-2010, 04:53 PM
    imlostandimfound
    Re: My Husband Was Caught Stealing $4000
    Quote:

    Quoting jk
    View Post
    While they may be limited to the $500 for the civil demand, they have a promissory note for $4k for the stolen merchandise.


    Noway to know. It is wholly up to the folks at CVS.

    It is a possibility though for them to let him go and then later on have him arrested?
  • 08-03-2010, 04:56 PM
    Security Consultant
    Re: My Husband Was Caught Stealing $4000
    Yes, as others have told you - yes.
  • 08-03-2010, 05:04 PM
    imlostandimfound
    Re: My Husband Was Caught Stealing $4000
    Quote:

    Quoting Security Consultant
    View Post
    Yes, as others have told you - yes.

    So the only thing we can do really is wait? Is it to the extent where cops could come to the house and have him arrested? or just something like summoned to appear in court? Is he looking at a lawsuit or potential jail time for something like this?
  • 08-03-2010, 05:09 PM
    Security Consultant
    Re: My Husband Was Caught Stealing $4000
    According to you, your husband admitted to felonies. If charges are filed, this is not a "come on down" to the police department and turn yourself in type offense. You can expect a knock on your door. GO SEE AN ATTORNEY. I don't know how else I can explain this to you. Look, as a police officer I have handled many cases like this where managers and pharmacists have stolen money and drug from drugstores. As a Director of Loss Prevention, I can tell you - this is how I have always handled these cases.
  • 08-03-2010, 05:16 PM
    bam!
    Re: My Husband Was Caught Stealing $4000
    People are caught up with this notion that the police must come in order for you to be arrested. Many states/commonwealths have a comissioner/magistrate. After CVS LP complete all their required paperwork and reports and verify that what you husband said was true (IE he didn't make it up to get them to stop talking to him) they will present their evidence to the comissioner/magistrate who will issue the charges. He can expect multiple charges including theft over/theft under/theft scheme along with the drug charges. The sheriffs will come looking for him and he will have to post a bond etc.

    A criminal defense lawyer is beneficial right now. They can negotiate for you and do things that will mitigate or limit your exposure to all the negative things that come when you commit serious felonies.
  • 08-03-2010, 05:23 PM
    imlostandimfound
    Re: My Husband Was Caught Stealing $4000
    Quote:

    Quoting Security Consultant
    View Post
    According to you, your husband admitted to felonies. If charges are filed, this is not a "come on down" to the police department and turn yourself in type offense. You can expect a knock on your door. GO SEE AN ATTORNEY.

    Just spoke with an attorney... according to him admitting to the theft he admitted guilt to the crime, however, if they are good on their word and since he cooperated with loss prevention and admitted to what he took they may just make him pay the promissory note with whatever other legal fees and such attached to it... It was a trade off he said, give them the information and hope they are good on their word or have them call the police and get charged.... He said to wait and see what happens, if they decided to press charges or arrest him not to say anything to anyone and have him called immediately but he said to hope that they are good on their word and will just sent him the promissory note and to pay it right away...

    any other or differing opinions?

    Quote:

    Quoting bam!
    View Post
    People are caught up with this notion that the police must come in order for you to be arrested. Many states/commonwealths have a comissioner/magistrate. After CVS LP complete all their required paperwork and reports and verify that what you husband said was true (IE he didn't make it up to get them to stop talking to him) they will present their evidence to the comissioner/magistrate who will issue the charges. He can expect multiple charges including theft over/theft under/theft scheme along with the drug charges. The sheriffs will come looking for him and he will have to post a bond etc.

    A criminal defense lawyer is beneficial right now. They can negotiate for you and do things that will mitigate or limit your exposure to all the negative things that come when you commit serious felonies.

    so you believe that despite what they had told him he will most likely be charged and a sheriff will come for him?

    Quote:

    Quoting Security Consultant
    View Post
    According to you, your husband admitted to felonies. If charges are filed, this is not a "come on down" to the police department and turn yourself in type offense. You can expect a knock on your door. GO SEE AN ATTORNEY. I don't know how else I can explain this to you. Look, as a police officer I have handled many cases like this where managers and pharmacists have stolen money and drug from drugstores. As a Director of Loss Prevention, I can tell you - this is how I have always handled these cases.

    So they always lie to get the person to admit to it then have them changed once they admit to it?
  • 08-03-2010, 05:49 PM
    KeyWestDan
    Re: My Husband Was Caught Stealing $4000
    It isn't so much that they lie, as they don't actually have the authority to make the promise that they did at the store level. Or someone at the corporate level doesn't think the same way and has more authority.

    The amount in this case is probably to low to involve any insurer. However, what happens in many cases is that a business will file a claim with their insurer and the insurance company will absolutely refuse to pay it unless a criminal complaint is made. SOP.

    I seriously doubt any insurance is involved in that small of an employee theft case. One other thing, was he BONDED? If so, and the store made a claim against the bond company, same thing. Another reason to pay the store back right away.

    It might also be bad p.r. to prosecute one of their former employees on such a charge. However, he did admit to a Class E felony at minimum, so I would not hold my breath.

    If there are no criminal charges, he will be very lucky. However, all the other advice given is still relevant. You should really put together a cash reserve, to say nothing of paying back the store.
  • 08-03-2010, 06:35 PM
    jk
    Re: My Husband Was Caught Stealing $4000
    Quote:

    He said to wait and see what happens, if they decided to press charges or arrest him not to say anything to anyone and have him called immediately but he said to hope that they are good on their word and will just sent him the promissory note and to pay it right away...

    any other or differing opinions?

    why would I give you an opinion other than one I gave you originally? That is what the attorney told you as well.

    so, you wait.
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