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  1. #1
    Join Date
    Jan 2011
    Posts
    4

    Exclamation Detained for and Accused of Return Fraud

    My question involves criminal law for the state of: NJ

    I returned many items I received for the holidays to a major department store and received store credit on seperate occassions spanning a few weeks. Today I went to purchase purfume and my store credit would not go through. Loss Prevention showed up and said we needed to have a discussion. I asked about what and he said it was related as to why my credit was not being approved. He took me into his office, sat me down, and demanded to search my handbag, he then took it from me and dumped it out. He emptied my wallet, he dumped everything. I told him no, it didn't matter. I was EXTREMELY uncomfortable. He would not allow me to leave or to call my friend who is an attorney I could barely get a signal on my phone in the office they were holding me in. He kept saying to tell the truth. You know what you did. We need to complete paperwork, you can't leave. All along not telling me what I did. Eventually I got a cell phone signal and spoke with a friend who happened to be an attorney. The guy who was holding me would not speak with him. My attorney then called that guy's boss who told him I had been committing return fraud. He said I was placing tags on clothing that did not belong to their store and returning it. I am in sales and yes I have been to many of their stores and returned items, I also bought things like I was doing today. I admit I return a lot of stuff. Everytime I return something it is not done by mail, its handed to a cashier, it is approved as okay, and I am issueded a store credit for the return. I was beyond upset at that point. I told the man holding me to call the police or let me go and grabbed my stuff back. After he tried to block my way he told me I needed to pay back the store for everything I had ever returned which he said was a whopping $4,900. He stated he would press fraud charges in every county I returned an item in unless I agree in the next 24 hours. I left at that point with him taunting me all the way out the door. What now?
    I forgot to mention, my cousin showed up after my attorney friend called him. Loss prevention told him I was switching tags or putting on tags, comitting return fraud, and whatever else they deemed appropriate to say.
    I want to understand, that because I return often and the returns were even accepted as their merchandise - I can be charged with a crime like this?
    And no, there was nothing in my handbag that belonged to them. Well there was the perfume I purchased from them with cash before they detained me.

  2. #2
    Join Date
    Dec 2010
    Posts
    105

    Default Re: Detained and Accused of Return Fraud

    I am an attorney. Do not take this as creating an attorney-client relationship. Here is my opinion.

    What is missing from your post is a clear statement about whether items returned were actually stolen. If not, then probably nothing will happen. In order to convict you of any crime the prosecution would have the burden of proving that the items were not actually purchased to begin with. It is not possible to prove a pattern of return fraud simply because someone returns a lot of items. It may raise a suspicion, but that is not enough to convict.

    On the other hand, if it can be proved that you stole items and then "returned" them, then it is possible to charge you with return fraud. Depending on the quality of proof, it could be a very serious charge.

    By the way, if you have sales receipts from any of the items, then keep them.

    Under the circumstances, all you can do is wait and see what happens. If you are guilty of return fraud then obviously do not do it anymore. Even if you are innocent of return fraud, I would suggest staying away from the store where you were detained and any store in that chain.

    If you are truly innocent and the Loss Prevention employee detained you simply on the basis of a suspicion, without a reasonable belief that you were truly guilty, then you may have a civil claim against the store for false imprisonment and, on the facts stated, even extortion and slander. You should consult a lawyer who is knowledgeable with personal injury tort claims about that.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Detained and Accused of Return Fraud

    and if they told you you were banned from the store and maybe any other branches if it is a chain, respect that order or risk trespassing charges.

    so, was all of the merchandise you returned to this brand of stores actually purchased at this particular brand of store?

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Detained and Accused of Return Fraud

    Having worked in LP for some time now, I will tell you that most companies do not allow return fraud cases to move forward without a crap load of evidence, and never on a hunch or guesswork. I cannot say for sure if that is the case with the unnamed company you are being prosecuted by. Normally, RF cases aren't moved on until the company is sure they can get you...which usually requires video/LP eyewitness of multiple instances of you obtaining the merchandise either by theft or fraud (ticket switching, box stuffing, etc..) and then returning it for cash/store credit.

  5. #5
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Detained and Accused of Return Fraud

    Just for curiosity sake, I am assuming that you are a female, did he have a female in the office as well? Also, i was always told to ask to open a purse and if not, let the police take care of it. Just asking.

  6. #6
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Detained and Accused of Return Fraud

    Apologies it took me so long to respond.

    Thank you for your replies I hope you continue to respond. To answer your questions: the merchandise was not stolen and the loss prevention person did have a waoman sit in the room while he accused me. Yes, I am female.

    What they said was that the merchandise was not from their store but had their tags on it. They stated that if one item was returned that way, the rest of the returns must be the same and that I need to pay all funds back for any and all return made to their store.

    They told me that if I return all the store credits and gift cards that were issued to me for returns, it will offset the money owed.
    I'm wondering why they do not just zero out the credits & gift cards? I want this to just disappear, but something doesn't seem right. Is returning them the right thing to do at this point? Advice please...

    I did not answer one last question that was asked.
    No, they not tell me to not return to their store. I will never step foot there again though.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Detained and Accused of Return Fraud

    They told me that if I return all the store credits and gift cards that were issued to me for returns, it will offset the money owed.
    I'm wondering why they do not just zero out the credits & gift cards? I want this to just disappear, but something doesn't seem right. Is returning them the right thing to do at this point? Advice please...
    they don't do that because they cannot legally do that without proof of the claim. They are simply trying to get you to agree to that. Then they can do it.

    IF anything had a switched tag and they can prove it, that might be your easiest way out. If this was legit, on your part, I wouldn't agree to giving up anything.

  8. #8
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Detained for and Accused of Return Fraud

    I'm a bit confused. They say they have three items with tags on them that are incorrect.
    Should I just give them the credits and cards for everything so this goes away?
    Will this go away if I do that, or is this simply a 'game' they play?
    If I return them, is that me saying basically saying they are correct and I did it?
    Why do they want them if they can just cancel them?

    I really just have no idea what to do at this point.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Detained for and Accused of Return Fraud

    yesireturn;493708]I'm a bit confused. They say they have three items with tags on them that are incorrect.
    Should I just give them the credits and cards for everything so this goes away?
    that's up to you but your contention here was that there was nothing illegal about your actions. If the items were purchased at their stores, there is no way the tags could be incorrect, right? If so, I would be concerned they were trying to get you to admit to wrongdoing.

    Will this go away if I do that, or is this simply a 'game' they play?
    Only they can say but since you insist you did not break the law, there is no way their claims can be correct, right?

    If I return them, is that me saying basically saying they are correct and I did it?
    If you aren't careful about what you say and do it could. If you do accept their terms, I would make it clear, very clear, that your actions are not an admission of any guilt but merely an action to put this to rest without further action.

    Why do they want them if they can just cancel them?
    they can't just cancel them though.

  10. #10
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Detained for and Accused of Return Fraud

    Thank you very much.

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