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  1. #1
    Join Date
    Jul 2006
    Posts
    4

    Default Retail Fraud in Michigan (Sears)

    My friend got arrested for shoplifting at Sears in Lincoln Park, Michigan. He took $555.69 worth of merchandise. He spent the night in the Lincoln Park police department jail and was charged with a misdemeanor.

    Yesterday, Sears Holdings, Inc. sent him a letter asking him to pay a $200 fine. He sent the money order today. His pre-trial is on August 1.

    My friend has NO past criminal history and hasn't been in trouble with the law. We talked to a lawyer and he says that my friend is likely not to go to jail. But I don't know and want other advice.

    I read that Michigan law would treat this as a 2nd degree offense and he can face up to 1 year in jail, or $2,000, or 3 times amount of merchandise.

    I'm really scared because I am unsure what his punishment will be. Is he likely to face jail time?

    Thanks.

  2. #2
    Join Date
    Jul 2006
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    Northern California
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    Default Re: Retail Fraud in Michigan (Sears)

    Quote Quoting crow
    Is he likely to face jail time?

    Yes he will get jail time.

  3. #3
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Retail Fraud in Michigan (Sears)

    Er... only if you count "time served", or if there is something unusual about his case. If his record is in fact clean, he'll probably get sentenced to probation, fines, and possibly community service.

  4. #4
    Join Date
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    Default Re: Retail Fraud in Michigan (Sears)

    Quote Quoting aaron
    Er... only if you count "time served", or if there is something unusual about his case. If his record is in fact clean, he'll probably get sentenced to probation, fines, and possibly community service.

    Sears, being a large employer and taxpayer in most every State, has a policy of throwing its weight around. In most instances, especially in cases where a thief has stolen more than $500.00, Sears will send a representative to discuss the matter with the assigned prosecutor. This discussion involves convincing the ADA to press for, not only a conviction, but also insists that the thief pull some jail time according to the Statute.

    More often than not, Sears usually gets its way despite the past record of the thief. Sears' intent is to send a message.

  5. #5
    Join Date
    Jul 2006
    Location
    Northern California
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    Default Re: Retail Fraud in Michigan (Sears)

    I also meant to mention, too, that the "Proof is in the Pudding." You'll notice that most thieves steal from stores like Target, K-Mart, etc., and not Sears. Sears' message has, for the most part, been heard loud and clear.

  6. #6
    Join Date
    Jul 2006
    Posts
    4

    Default Re: Retail Fraud in Michigan (Sears)

    But he didn't even leave the store. Sears recovered their property (undamaged) and he was subsequently arrested. Even the detective told him "he'd be surprised if he gets jail time".

    To Clair, do you have specific cases where Sears threw its weight around?

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