Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Return fraud is activity which can lead to the filing of theft or shoplifting charges in California. The most common return fraud schemes involve the return of stolen or altered merchandise for cash or store credit. These include:
It is estimated by the National Retail Federation that in 2018 more than 8% of all retail returns involved fraud. (See https://nrf.com/research/2018-organized-retail-crime-survey)
Return fraud activity in California could lead to criminal prosecution for one of the following:
Theft under Penal Code 484 is defined as intentionally and unlawfully taking property with the intent to permanently or substantially deprive the owner of the use, enjoyment or value of that property.
Petty theft under Penal Code 488 is stealing property worth $950 or less.
Shoplifting under Penal Code 459.5 is entering an open business with the intent to steal merchandise worth $950 or less.
Shoplifting and petty theft are both punishable by:
Grand theft under Penal Code 487 is theft of property worth more than $950. Grand theft can be filed as either a felony or a misdemeanor, and is punishable:
Please note, if the value of the merchandise stolen is under $950 it can only be charged as a misdemeanor UNLESS the person has certain disqualifying prior convictions.
Defenses to return fraud may include:
There are two basic steps present in most return fraud scenarios:
Engaging in any of these activities could lead to criminal charges.
Here’s an EXAMPLE of theft by trick in a return fraud situation:
Store security watched (via camera) as a man entered a clothing store and picked up a shirt. He then walked across the store to a sales counter, told a clerk he had received the shirt as a gift, and asked for a refund. Because he had no receipt he was given a store credit. As he left the store he was arrested. The man was found guilty of theft even though he never left the store with the shirt. People v. Davis (1998) 19 Cal. 4th 301.
Depending on the activity engaged in and the value of the merchandise involved, return fraud can lead to criminal charges for:
Shoplifting under Penal Code 459.5 is entering an open business with the intent to steal merchandise worth $950 or less.
Petty theft under Penal Code 488 is stealing property worth $950 or less.
Please note, if the value is under $950 it can only be charged as a misdemeanor UNLESS the person has certain disqualifying prior convictions.
Also note, if the value of the stolen merchandise is less than $50 it could be charged as an infraction per Penal Code 490.1.
Grand theft under Penal Code 487 is theft of property worth more than $950. Grand theft can be filed as either a felony or a misdemeanor.
The punishment for return fraud related theft charges is as follows:
Shoplifting as a misdemeanor punishable by:
Petty theft of property valued at less than $950 filed as a misdemeanor and punishable by:
Grand theft of property worth more than $950 filed as either a felony or a misdemeanor:
Defenses to return fraud may include:
Please note, retailers are using increasingly sophisticated methods in an effort to prevent the multi-billion-dollar losses they incur each year due to return fraud. These methods include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.