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Retail Fraud vs. Return Fraud

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  • 08-31-2018, 06:26 AM
    croc
    Retail Fraud vs. Return Fraud
    My question involves criminal law for the state of: Michigan

    The scenario is my partner purchased clothing from a thrift store, than attempted to return different clothing (that she legally owned) to the same thrift store using the same receipt. The store manger let the return take place, then confronted her in the parking lot. The police were called and she was arrested for retail Fraud, 3rd degree. My question is since the store didn't own the clothing she was returning, is this really retail fraud, given the Michigan law defines retail fraud (in part) as attempting to get a refund/exchange from an item that "was not paid for and belongs to the store"? The items attempted to return did NOT belong to the store. The relevant statue is MCL Section 750.356d. I completly understand that what she did was unethical, but was it "retail fraud", or does another statute fit this event?
  • 08-31-2018, 06:52 AM
    flyingron
    Re: Retail Fraud Iii or Return Fraud
    You partner needs an attorney. I agree it is not Retail Fraud under 356d. It ceratinly however amounts to felony fraud. Note the charge can be amended before trial to one that fits.
    It's not just unethical, it's CRIMINAL. Seriously criminal.
  • 08-31-2018, 07:03 AM
    croc
    Re: Retail Fraud Iii or Return Fraud
    Thanks for your reply. Are you referring to a particular statute to interpret this as a "felony" fraud? Retail fraud III is a misdemeanor.
  • 08-31-2018, 08:09 AM
    flyingron
    Re: Retail Fraud Iii or Return Fraud
    750.362. I was wrong, it's not a felony until the amount of money she got was over $1000. Still misdemeanors are nothing to sneeze at.

    Michigan courts are all over the place when it comes to diversion for such activities. She needs to be talking to an attorney familiar with the court she is summons to.
  • 08-31-2018, 08:17 AM
    croc
    Re: Retail Fraud Iii or Return Fraud
    Much obliged. We will be contacting an attorney.
  • 08-31-2018, 10:16 AM
    Mr. Knowitall
    Re: Retail Fraud vs. Return Fraud
    Quote:

    Quoting croc
    View Post
    My question is since the store didn't own the clothing she was returning, is this really retail fraud, given the Michigan law defines retail fraud (in part) as attempting to get a refund/exchange from an item that "was not paid for and belongs to the store"?

    From what you have posted, this should be charged as the misdemeanor offense of ordinary larceny, or as the felony of larceny in a building.
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