Earlier this week, in the afternoon, police officers were dispatched to a grocery store on 17th Street regarding a theft that had just occurred by a fleeing suspect, who was being followed by employees, according to the Costa Mesa Police Department.
The suspect had been seen concealing gift cards on his person and placing other cards on the rack in the store.
The police officers arrived and detained the suspect, who was in possession of numerous altered gift cards concealed in his waistband. He was promptly arrested for burglary.
Employees from the store had recognized the man suspected of previously committing a scheme in which gift cards are tampered with to later access funds remotely once the cards are purchased.
If you’re buying a gift card, inspect it closely to make sure the activation code wasn’t altered or tampered with.
Great teamwork by the employees and officers led to an organized retail theft arrest.
The suspect arrested in Costa Mesa for tampering with gift cards and committing theft at a grocery store could face multiple criminal charges under California law. Here’s a plain-text summary of the penalties:
1. Burglary (Penal Code § 459)
- Entering a store with the intent to commit theft or fraud is considered commercial burglary.
- First-degree burglary applies to residences; this case is second-degree burglary, a wobbler (can be charged as a misdemeanor or felony).
- Misdemeanor: Up to 1 year in county jail.
- Felony: Up to 3 years in county jail or state prison.
2. Gift Card Tampering
- Tampering with gift cards to defraud is considered theft by fraud or access device fraud.
- A new California law makes it a misdemeanor to possess or alter gift cards with intent to defraud.
- Penalties include up to 1 year in jail and fines.
- If the fraud involves multiple cards or repeated offenses, it may be elevated to a felony.
3. Organized Retail Theft (Penal Code § 490.4)
- If the suspect acted as part of a coordinated scheme (even alone but as part of a larger plan), this qualifies as organized retail theft.
- This is also a wobbler:
- Misdemeanor: Up to 1 year in jail.
- Felony: 16 months, 2 years, or 3 years in jail or prison.
- Courts may also issue restraining orders barring the suspect from entering retail stores involved.
4. Additional Penalties
- Restitution to the store for losses.
- Probation with conditions like staying away from retail establishments.
- Permanent criminal record, affecting employment and housing.