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View Full Version : What is the likely punishment for using a "discount card" which was not mine


SK0857
Jul 31, 2012, 03:27 PM
A few months ago, I had found a discount card of a departement sdtore in my city, and I used it many times.

This has been discovered by CCTV of the shop and they asked me to respond why did I do.

Of course, my response is who won't use it, if you find a card which you don't need to provid a ID card to use it, and you just show to the tile point and they put the discount in the mashine.

I would like to know what would be happen for using this card and what would be the punishment for me?

I'm a female 55 years old.

JudyKayTee
Jul 31, 2012, 03:36 PM
A few months ago, I had found a discount card of a departement sdtore in my city, and I used it many times.

This has been discoverd by CCTV of the shop and they asked me to respond why did I do.

Of course, my response is who won't use it, if you find a card which you don't need to provid a ID card to use it, and you just show to the tile point and they put the discount in the mashine.

I would like to know what would be happen for using this card and what would be the punishment for me?

I'm a female 55 years old.

For starters a LOT of people wouldn't use it. I, for example, would consider it to be fraudulent use, so I wouldn't use it.

Anyway - I wouldn't use that excuse/response.

Have you been charged with a crime? Where are you?

SK0857
Jul 31, 2012, 05:48 PM
Not yet, but, I have an interview in the police station this afternoon, and I have to explain them what was happened. I don't know what I have to say and justify my mistake and what they will decied for me as punishement?

AK lawyer
Aug 1, 2012, 05:03 AM
Not yet, but, I have an interview in the police station this afternoon, and I have to explain them what was happend. I don't know what I have to say and justify my mistake and what they will decied for me as punishement?

Don't go to the interview.

Tell them that you refuse to answer on advice of legal professionals. I.e.: "take the Fifth".




Fifth Amendment to the United States Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

I'm assuming, of course, that you are in the U.S. If you are in some other country, usually there are similar laws which apply.

You didn't know you were doing anything wrong. That's the line that your attorney (if you have one) should take. But you, personally, should keep your mouth shut.

The police don't get to decide punishment, if and when you are convicted of something. That's for a judge to decide.

SK0857
Aug 1, 2012, 05:18 AM
Don't go to the interview.

Tell them that you refuse to answer on advice of legal professionals. I.e.: "take the Fifth".




Fifth Amendment to the United States Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

I'm assuming, of course, that you are in the U.S. If you are in some other country, usually there are similar laws which apply.

You didn't know you were doing anything wrong. That's the line that your attorney (if you have one) should take. But you, personally, should keep your mouth shut.

The police don't get to decide punishment, if and when you are convicted of something. That's for a judge to decide.

Thank you for your response. I'l like to know my act(using a shop's discount card which I found it) is a crim and a fraud? Even, when I use it, they never asked me to show any ID or signature, etc, and this is how this kind of cards works, anyone can use it, they don't check identity of the person.

Fr_Chuck
Aug 1, 2012, 05:20 AM
Was there a name on the discount card ?

How did they figure out or find out you were not the one to use the card.

How much of a discount and what type of stores? How much did you use it, and how much discount did you get.

Sorry if this is 5 or 10 percent for a few items, I just can't see the police getting involved?

Fr_Chuck
Aug 1, 2012, 05:22 AM
Where you live, if in the US each state has its own laws.

Again, what type of card? And discount and where to. An employee discount card, I mean I have in my wallet some drug store discount cards, anyone can get one, and I could not see using it would be.

Now a card for example to a club store, where you have to pay for the discount membership would be different.

SK0857
Aug 1, 2012, 05:27 AM
Thank you for your kind answer.

Could you tell me if it's a "crime or "fraud" using a shops discount card when we find it? This card is very simple to be used by anyone, as there is no pin or they don't ask any ID cards, or signature or any thing, they just see the card and put the discount to the tile, so, everybody can use it. I'm soooooooo worried what I have to say to them to be save? I did a big mistake using this and I really regret it, I didn't want to have any trouble with them.

JudyKayTee
Aug 1, 2012, 05:32 AM
Thank you for your kind answer.

Could you tell me if it's a "crime or "fraud" using a shops discount card when we find it? This card is very simple to be used by anyone, as there is no pin or they don't ask any ID cards, or signature or any thing, they just see the card and put the discount to the tile, so, everybody can use it. I'm soooooooo worried what I have to say to them to be save? I did a big mistake using this and I really regret it, I didn't want to have any trouble with them.


You aren't answering the questions - is there a NAME on the card, a NAME which is not yours? There would have to be or it wouldn't be misuse.

If it's a card issued to a person then, yes, it's fraud to use it if you aren't that person. How did you get "caught"?

What type of discount? What percentage or dollar amount?

SK0857
Aug 1, 2012, 05:33 AM
Was there a name on the discount card ?

How did they figure out or find out you were not the one to use the card.

How much of a discount and what type of stores? How much did you use it, and how much discount did you get.

Sorry if this is 5 or 10 percent for a few items, I just can't see the police getting involved?

I live in UK, they saw me on the CCTV camera footage. I had pay by my card so they have my name. The discount is 12% for food drinks and 25% divers. I've used it several times for a maximum of about £100 all the discount is.

ScottGem
Aug 1, 2012, 05:39 AM
You still haven't answered the question. If this card in any way identifies the person it was issued to, then its fraud. If it doesn't, then I don't see how they can even track its use.

SK0857
Aug 1, 2012, 05:40 AM
You aren't answering the questions - is there a NAME on the card, a NAME which is not yours? There would have to be or it wouldn't be misuse.

If it's a card issued to a person then, yes, it's fraud to use it if you aren't that person. How did you get "caught"?

What type of discount? What percentage or dollar amount?

Yes, it was a name on the car, but, not very clrearly readible.

I caught by cctv camera. And they find my name by my card that I paid the purchass.

12% for food and 25% for divers items. I used about £100 discount, in totally.

JudyKayTee
Aug 1, 2012, 05:43 AM
Yes, it was a name on the car, but, not very clrearly readible.

I caught by cctv camera. and they find my name by my card that I paid the purchass.

12% for food and 25% for divers items. I used about £100 discount, in totaly.


You are in the UK? The Fifth Amendment advice does not apply, of course.

Yes, 100 pounds, I think you'll be prosecuted.

SK0857
Aug 1, 2012, 05:46 AM
You still haven't answered the question. If this card in any way identifies the person it was issued to, then its fraud. If it doesn't, then I don't see how they can even track its use.

Yes, it was a name on the card with a signature, but, when you use this card, the cashier doesn't check the ID or your signature to verify if you are the real card holder. In my knowledge of this card, everybody can use it, and I've seen other people who use them regulary for their friends and family to buy something with discount.

J_9
Aug 1, 2012, 05:48 AM
Yes, it was a name on the card with a signature, but, when you use this card, the cashier doesn't check the ID or your signature to verify if you are the real card holder. In my knowledge of this card, everybody can use it, and I've seen other people who use them regulary for their friends and family to buy something with discount.

So you knew you were using it fraudulently since there was a name on the front and a signature on the back. Doesn't matter that it's hard to read.

The numbers on the card were assigned to a specific person or entity. And it's quite possible that this card was reported stolen by that person or entity.

SK0857
Aug 1, 2012, 05:59 AM
How can I denfend and protect myselfe to have less trouble with them. If I tell them all the true, that, I used this card I didn't relised it was really dangrouse for me.

SK0857
Aug 1, 2012, 06:13 AM
So you knew you were using it fraudulently since there was a name on the front and a signature on the back. Doesn't matter that it's hard to read.

The numbers on the card were assigned to a specific person or entity. And it's quite possible that this card was reported stolen by that person or entity.

Thank you for your usfull answer.

Could you please tell me how can I justify this stupid mistake, to prevent ahving gbig trouble? I'm so worried and I really regrat what did I do.

J_9
Aug 1, 2012, 06:18 AM
Thank you for your usfull answer.

Could you please tell me how can I justify this stupid mistake, to prevent ahving gbig trouble? I'm so worried and I really regrat what did I do.

If you have not yet hired a solicitor, that should be the first thing you do.

J_9
Aug 1, 2012, 06:19 AM
How can I denfend and protect myselfe to have less trouble with them. If I tell them all the true, that, I used this card I didn't relised it was really dangrouse for me.

But you DID know that this was fraud, bordering on theft.

SK0857
Aug 1, 2012, 06:29 AM
If you have not yet hired a solicitor, that should be the first thing you do.

Thank you for your response.

Yes, I had ask a solicitor to come with me to the Police station and help me for the interview.

I'm soooooo anxious and very stress. I don't know what they will decide to do. What would be happen in case they charge me for "fraud" and what will be the sentecne if I go to the court?

J_9
Aug 1, 2012, 06:36 AM
Thank you for your response.

Yes, I had ask a solicitor to come with me to the Police staion and help me for the interview.

I'm soooooo anxious and very stress. I don't know what they will decide to do. What would be happen in case they charge me for "fraud" and what will be the sentecne if I go to the court?

I'm in the US, so I don't know how that would work in the UK. These are questions to ask your solicitor.

J_9
Aug 1, 2012, 06:37 AM
The problem I see here is that you did this willingly even after knowing that this card was not issued to you.

ScottGem
Aug 1, 2012, 06:51 AM
First, even in the UK ignorance of the law is not an excuse. Whether the name was readable or not, the fact is that this card was issued to a person for THEIR use only. When something has a name on it, that's the way it works and a reasonable person will know this.

What you should have done is return the card to the store saying that you found it.

I have no clue how far the store will go in prosecuting this. Clearly they have taken it seriously enough to track you down. While I would doubt you will get jail time for this, it is likely that this will go down on your criminal record.

AK lawyer
Aug 1, 2012, 06:58 AM
You are in the UK? The Fifth Amendment advice does not apply, of course. ...

I believe the privilege against self-incrimination is in the British Constitution as well as our own.

"The right against self-incrimination originated in England and Wales. In countries deriving their laws as an extension of the history of English Common Law, a body of law has grown around the concept of providing individuals with the means to protect themselves from self-incrimination." http://en.wikipedia.org/wiki/Privilege_against_self-incrimination

AK lawyer
Aug 1, 2012, 07:09 AM
First, even in the UK ignorance of the law is not an excuse. ...

Actually, if OP were to be charged with a malum in se crime, ignorance would be a defense. The authorities would have to prove specific intent to violate the law.


... In my knowledge of this card, everybody can use it, and I've seen other people who use them regulary for their friends and family to buy something with discount.

J_9
Aug 1, 2012, 07:13 AM
Actually, if OP were to be charged with a malum in se crime, ignorance would be a defense.

But how could ignorance be a defense if it's obvious that this card was issued to another party?

ScottGem
Aug 1, 2012, 07:19 AM
Yes, it was a name on the card with a signature, but, when you use this card, the cashier doesn't check the ID or your signature to verify if you are the real card holder. In my knowledge of this card, everybody can use it, and I've seen other people who use them regulary for their friends and family to buy something with discount.

Yes, I'm sure the rules let CARD HOLDERS allow others to use it. But you don't know the card holder and you were not given permission to use it. The card holder apparently reported its loss and the store found it was being used. So you got caught.

AK lawyer
Aug 1, 2012, 07:20 AM
But how could ignorance be a defense if it's obvious that this card was issued to another party?

I might assume that it's lke a bearer bond or negotiable instrument. Whoever possesses it may use it. After all, unless it is an employee or membership perk, it's probably nothing more than a marketing device. The merchant gives out these cards for the purpose of enticing customers to buy. A name on the card is simply a way of making the costomer think he or she is "special".

Or, if it's a gift card, my presumption would be that it's transferable. Same reasoning.

If you get a discount coupon in the mail, addressed to you, am I not able to use it if, for example, you were to give it to me. Or if I was to find it in your trash?

SK0857
Aug 1, 2012, 07:24 AM
I have been working previously in the same shop and left about one year ago. I could keep my card and continue to use it after my departure. Do you think it will help me to have less trouble?

AK lawyer
Aug 1, 2012, 07:30 AM
I have been working previously in the same shop and left about one year ago. I could keep my card and continue to use it after my departure. Do you think it will help me to have less trouble?

Yes, that suggests some of the considerations I discussed in my Post #28 above. You reasonably assumed that the merchant didn't really care who used it, just along as someone bought something.

SK0857
Aug 1, 2012, 07:37 AM
I might assume that it's lke a bearer bond or negotiable instrument. Whoever possesses it may use it. After all, unless it is an employee or membership perk, it's probably nothing more than a marketing device. The merchant gives out these cards for the purpose of enticing customers to buy. A name on the card is simply a way of making the costomer think he or she is "special".

Or, if it's a gift card, my presumption would be that it's transferable. Same reasoning.

If you get a discount coupon in the mail, addressed to you, am I not able to use it if, for example, you were to give it to me. Or if I was to find it in your trash?

This is emplyee discount card, which the person is working for this shop and they give a "discount card" to give to their personel the possibility to buy with discount. It was un amployee dependent discount card, it means it was for one of the member of the family who is working for this shop.

SK0857
Aug 1, 2012, 08:01 AM
What can I do now? I'm sooooooooo confuse and disturbed by this stupid things I did.

Please help me.

SK0857
Aug 1, 2012, 08:13 AM
Actually, if OP were to be charged with a malum in se crime, ignorance would be a defense. The authorities would have to prove specific intent to violate the law.

Could you please explain with the simple words what does"malum in se" mean? And how can I use crim, ignorance "WOULD" as defense?

Thank you so much for your contribution.

AK lawyer
Aug 1, 2012, 09:17 AM
Could you please explain with the simple words what does"malum in se" mean? And how can I use crim, ignorance "WOULD" as defense?

Thank you so much for your contribution.

I'm guessing even English lawyers are familiar with the concept, so my intent is that you remind this theory to your solicitor, in case he or she has forgotten it.

It's law-Latin for (loosely translated) "bad because it's everybody knows it's bad, not just a technical violation of the law". As such, the prosecutor would have to prove that you subjectively knew (actually, not just "should have" known) that there is a law against doing it.

Curlyben
Aug 1, 2012, 09:22 AM
Couple of simple questions.

Are the police involved ?
Do you still have this card in your possession?

If you could PM me the name of the store I may be able to assist further as I deal in UK consumer law on another site.

SK0857
Aug 1, 2012, 09:39 AM
Couple of simple questions.

Are the police involved ?
Do you still have this card in your possession ??

If you could PM me the name of the store I may be able to assist further as I deal in UK consumer law on another site.

Thank you so much for your help.

Yes, the Police came to my house last Monday and gavie me an invitation for today(Wednesday about 7PM) for an interview.

No, I dostroid the card about 2 months ago.
The name starts by J. L

Curlyben
Aug 1, 2012, 09:50 AM
As the police are involved you MUST comply with their requests.
Otherwise the next time they call it will be to arrest you and possibly more.
You may request the services of the duty solicitor if you feel unsure talking to the police without representation, although it may not be needed.

Now it really depends on how the store want to play it, but considering the sums involved (Sub £100) it is unlikely to go to court..

ScottGem
Aug 1, 2012, 09:55 AM
As the police are involved you MUST comply with their requests.

Now it really depends on how the store want to play it, but considering the sums involved (Sub £100) it is unlikely to go to court..

This is the thing that bothers me. Why would they involve the police on such a matter and why would the police even spend time on it?

Curlyben
Aug 1, 2012, 09:58 AM
The police can issue an official warning in such cases and they may have been called in to investigate further.
The abuse of a staff discount card is a serious administrative matter, especially with this store group as they are generous.

JudyKayTee
Aug 1, 2012, 10:13 AM
The police can issue an official warning in such cases and they may have been called in to investigate further.
The abuse of a staff discount card is a serious administrative matter, especially with this store group as they are generous.


This is very interesting - would you keep us informed as this unfolds?

I know "here" (in NY) that using someone else's discount card is theft of services - ran into it at my husband's Pharmacy. What happens after a name is put to the behavior I don't know.

JudyKayTee
Aug 1, 2012, 10:15 AM
I have been working previously in the same shop and left about one year ago. I could keep my card and continue to use it after my departure. Do you think it will help me to have less trouble?


Now I'm confused - did you FIND the card OR is it your card from when you were employed and you are still using it?

SK0857
Aug 3, 2012, 07:48 AM
Yes, it was my own card and I continue to use it.

JudyKayTee
Aug 3, 2012, 07:52 AM
Yes, it was my own card and I continue to use it.


And here's the problem - I'm an investigator. That's what I do. You posted two different versions.

This started as "I had found a discount card of a departement ..."

Now you remember that you didn't FIND the card, you are an ex-employee, still using an employee discount card.

You've have taken up the time of a lot of people by lying about the circumstances.

I trust you will be more honest in Court - although I highly doubt it.

You will be charged with employee theft. That's a lot more serious than finding a card on the street and using it.

What did you possibly have to gain by lying about the circumstances to those of us who VOLUNTEER on AMHD?