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Caught on Camera Committing Return Fraud

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  • 08-29-2012, 03:07 AM
    RollerCoasterMaverick
    Caught on Camera Committing Return Fraud
    My question involves criminal law for the state of: Indiana
    Type of Crimes Committed: Retail Fraud / Return Fraud
    Rounded Balance of Store Credit: Less Than $150

    Background Story:
    This is going to be the abridged version of the story since I just hit the home button, causing me to lose all the I had written previously. I hate the internet sometimes! Anyway, here goes:

    I picked up an item off the shelf, brought it to the checkout lane, and returned the item. Obviously as nearly everyone knows, you need to use your license to make a return without a receipt. I returned the item, received a merchandise card, and walked out the store.

    Upon reaching my car, which was approximately a football field or more away from the doors, I noticed a plane clothed guy on his phone staring intently in my direction. He remained near the building the entire time, never once making any movement towards me or my vehicle. I pulled away, watching him, and he continued staring in my direction, talking on the phone, until I got far enough away. He then appeared to be walking back towards the doors before I lost sight of him.

    I wouldn't be feeling paranoid like this, but once I exited the building, I became focused on getting to my car, so I did not notice if he had already been standing there, or if had come out the employee doors to try and catch me. I've never done something like that with this place, so I was a little paranoid to say the least.

    Now being paranoid that I had been "caught", I quickly got rid of the card at a local pawn shop.

    So that's the story in a nut shell.

    So here are my questions:

    - This retail chain has cameras in the store, since I know for sure, while in the store, I had no one following me, is an Loss Prevention "Officer" following me on a camera count as "never breaking site" of me?

    - With this footage, can the store get the police to issue a warrant for my arrest?

    - If the store cancelled the card immediately after the transaction took place, can they still charge me with a crime?

    - If a warrant is issued, what will I be charged with? Retail Fraud & Return Fraud?

    - What is the statute of limitations in regards to a crime like this?

    - On average, how long does it take a warrant to be issued?

    - Does the price of the return play a role in determining whether or not a warrant can be issued?

    - Does the store have the right to mail me a civil suit demanding I pay a specific amount or be taken to court?

    - If one is issued (civil suit), should I contact my lawyer and have him/her deal with the matter?

    - When do you estimate it would be okay to return to the area? I obviously won't be going back to the store again, but I may eventually return to that area for regular shopping since it contains many stores.

    - Am I missing any details that you need to know?

    - Are there any more questions I should be asking?

    Thanks in advance for everyone's help!
  • 08-29-2012, 06:04 AM
    Disagreeable
    Re: Caught on Camera Committing Return Fraud
    Sorry, not going to do the leg work, hire a lawyer. Yes, you can potentially be arrested and charged based on your story.
  • 08-29-2012, 08:41 AM
    flyingron
    Re: Caught on Camera Committing Return Fraud
    You don't know for sure anything. In addition to video surveillance, there are other ways to watch you that aren't obvious.
    What makes you think they have to not "break site of you"?

    The store doesn't get a warrant for your arrest. The store makes a complaint to the police. The police then decide if there is probable cause to arrest you. With either the observation of the LP man or video evidence, that's likely plenty of probable cause.

    The store cancelling the card is IMMATERIAL to your guilt on the matter. You were guilty as soon as you presented that item as one you purchased. Even if they told you to your face right their at the counter that they saw you pick that item off the shelf and refused to issue the credit YOU ARE GUILTY. However, if the store does invalidate that card, not only will you have issues with that store, but you can expect the pawn shop to come after you with greater certainty than the original store you ripped off.

    In Indiana, such things are Felonies, regardless of value. The statute of limitations of felonies of this nature is 5 years. The value of the item has little bearing on it.

    The store has a right to demand a civil restitution from you for what you stole from them, and if you don't voluntarily pay it, sue you for it in civil court.

    I'd stay away from that store for a long time. If you hear from the police or the store, I would refuse to talk to them and consult an attorney immediately.
  • 08-29-2012, 08:42 AM
    indybail
    Re: Caught on Camera Committing Return Fraud
    I am not going to try to answer all your questions, but in Indiana you could be charged with Theft or Fraud (a D felonies). Law enforcement is not required to seek a warrant to arrest you on these charges.

    You may be arrested outright by investigating officers at any time if they believe they have probable cause to do so.
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