Shoplifting, Larceny, Robbery, Theft Accused Retail Theft

[gunderson99]

I live in SE Wisconsin and on December 4, 2005 I was on my way down to the Chicago area for business. On our way down, my two co-workers and I stopped at Dominick's Finer Foods in order for me to get some sinus medication for a bad cold I had. After spending a few minutes looking for a cold medicine, I found what I was looking for and was going to check-out and leave. The bathroom happened to be right at the end of the isle and unaware that I was doing anything wrong, I walked into the bathroom to relieve myself after being on the road for two hours. To my surprise, I was greeted shortly thereafter by two security guards accusing me of stealing! They took me to the security office, and after explaining to them that I had no idea I was doing anything wrong, I was allowed to pay for the cold medicine and leave. However, before I left, I was told that they had to collect my information (address, phone number, etc...) and have me sign some sort of policy agreement for their records. The security guards seemed to agree that it was a misunderstanding.

Now on February 6th, I received a letter stating the following:

Dominick's
711 Jorie Boulevard
Oak Brook, Illinois 60523

Dear Mr. Gunderson
As you will recall, you were involved with our Security concerning your improper conduct regarding our merchandise. We are sure that you remember the incident and we do not believe that it is necessary to reiterate the facts nor bring up any painful memories.
Section 16A-7 of Chapter 38 of the Illinois Revised Statutes recognizes that situations like the one you were involved in do occur and that merchants, such as Dominick's, should be reimbursed for their los either by informal settlement with our customer or, if we wish, by instituting a civil action. The statute provides for our recovery to include the loss of the merchandise, plus an amount of up to $1,000, and attorney's fees and court costs. Enclosed for your review is a copy of the applicable section of the aforementioned state law.
However, from a review of the report of the incident and other factors, we are of the opinion that this unfortunate event will not be repeated by you, was probably a one time occurrence, and that this matter can be amicably resolved. Therefore, we are willing to settle the matter for a payment by you of three hundred dollars ($300.00) sent to the undersigned within ten (10) days. It is our hope that you will make this payment and close the matter without the need for us to further examine the options available for recovery. Please make your check payable to and mail payment to "Dominick's Finer Foods, Inc."
Kindly note that the payment of any penalty demanded applies only to the civil recovery specified herein.
If you should require any further or more specific information concerning this subject, please feel free to contact me at 630-891-5473.
Very truly yours,
Jerry King,
Civil Restitution Coordinator

At first I thought it was a scam… They had misspelled "statutes" and they did NOT enclose the applicable section of the aforementioned state law that they referenced. Not to mention the second sentence that read, "We are sure that you remember the incident and we do not believe that it is necessary to reiterate the facts nor bring up any painful memories."

I have no history of theft or anything else for that matter except some minor traffic violations.

After calling to find out what was going on and trying to explain myself, they said one of their lawyers would be sending me a letter in the mail.

What are my options? Am I really liable and required to pay $300 for a simple mistake of using the restroom before I purchased the item? I've read section 16A-7 and 16A-3 of the Illinois Statutes and it describes it as one who has intent of keeping merchandise and depriving the merchant of the full retail value. That's not the case here. I had no intention of stealing anything!

What can I do?

Thank you for any help!
-Brad

 

[Duranie]

I would not send them any payment. Have you seen an attorney? They have to prove it was your intent to steal the merchandise. You did not leave the building. I would not pay these guys anything.

Also was there a sign on the door that said to not bring merchandise into the bathrooms?

Were you actually arrested and charged with anything? i would not give these guys anything. It might help to book a consultation with an attoreny, a one time thing, so see what they say.

I would see if you can get a copy of the statutes and see what they have that gvies their legal discription of shoplifting.

 

[calalily]

Policy Agreement

Do you have a copy of the policy agreement you signed? If not, when and if you speak to them agiain or write to them, request a copy of the paper you signed. You may have agreed to something and are legally bound by your signature.

 

[calalily]

Receipt?

Forgot to ask if by any outside chance you have receipt for cold meds...check your glove box or any where you may have stashed it.

 

[gunderson99]

In response to Duranie's questions, I don't remember if there was a sign outside the bathroom or not. If there was, I did not see it. I was not arrested or charged with anything, I simply paid for the cold meds and signed their paperwork as I was told to do so I could leave. As far as getting a copy of the statutes, I've done that and the main thing in the statutes is this: "A person commits the offense of retail theft when he or she knowingly:
(a) Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise"
Essentially, there has to be intent and there was no intent.

In response to Calalily, I'm pretty sure I don't have the receipt anymore. I didn't think of keeping it because I was under the impression that it was a misunderstanding and that it was cleared up before I left. I will have to ask for a copy of the policy agreement because I don't have a copy of that.

-Brad

 

[Michael Wechsler]

In response to Duranie's questions, I don't remember if there was a sign outside the bathroom or not. If there was, I did not see it. I was not arrested or charged with anything, I simply paid for the cold meds and signed their paperwork as I was told to do so I could leave. As far as getting a copy of the statutes, I've done that and the main thing in the statutes is this: "A person commits the offense of retail theft when he or she knowingly:
(a) Takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the full retail value of such merchandise"
Essentially, there has to be intent and there was no intent.

In response to Calalily, I'm pretty sure I don't have the receipt anymore. I didn't think of keeping it because I was under the impression that it was a misunderstanding and that it was cleared up before I left. I will have to ask for a copy of the policy agreement because I don't have a copy of that.

-Brad

Brad - I'm sorry to hear about your predicament but am glad to read your superb insight as a non-lawyer into how to read code. To be guilty of committing virtually all criminal statutes one must complete two elements of a crime, those being (1) a guilty act, and (2) a guilty state of mind. In this statute you did not qualify for part two. You never intended to possess the items for the reason set forth in the statute. You simply used the bathroom after a trip. The security guard admitted to this.

You might write a letter to this effect stating simply that your provision of your name was as a courtesy only. You never comitted any crime, the security guard was mistaken and that your discussion with security confirmed that fact. Thus the letter is in error and you are not remitting any payments to them and will consider the matter dropped immediately. Should they have any questions they can feel free to call you, end of story. Say as little as possible and just deny that any crime took place.

One thing I do hope -- that the policy agreement doesn't contain anything damaging and I hope you read it. Never sign anything you don't read. Let us know how things turn out.