Last month, a male suspect entered the Whole Foods in Irvine, selected several items to appear as part of a typical shopping trip, then concealed about $1,700 worth of caviar inside a paper Whole Foods bag that he had brought with him.
The man then ditched the basket and exited the store with the caviar instead.
The suspect resembles a less attractive version of the actor Jason Statham. He was dressed all in black and had facial hair and a bald pate.
If you recognize him, please contact Detective Drake at jdrake@cityofirvine.org.
Penalties faced by the suspect
In California, a theft of property valued at approximately $1,700—as in the case of the caviar theft from the Irvine Whole Foods in late 2025—exceeds the $950 threshold for petty theft and is classified as Grand Theft under Penal Code 487 PC.
As of January 2026, a suspect in this case faces the following potential legal penalties:
- Criminal Classification: Grand theft is a “wobbler” in California, meaning the District Attorney can charge it as either a misdemeanor or a felony based on the suspect’s criminal history.
- Felony Penalties: If charged as a felony, the suspect faces 16 months, two years, or three years in county jail or state prison. A felony conviction may also result in a fine of up to $10,000 and a loss of gun rights.
- Misdemeanor Penalties: If charged as a misdemeanor, the suspect faces up to one year in county jail and a fine of up to $1,000.
- Enhanced Penalties (Prop 36): Under Proposition 36, which became effective recently, suspects with two or more prior theft convictions can face mandatory felony charges even for smaller amounts, potentially leading to up to three years of incarceration.
- Restitution and Orders: In addition to jail time and fines, the court typically orders victim restitution (paying back the $1,700 value of the caviar) and may issue a retail theft restraining order (AB 3209) to permanently ban the suspect from that Whole Foods location.