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-   -   Accused with fraud not committed (https://www.askmehelpdesk.com/showthread.php?t=209960)

  • Apr 27, 2008, 02:34 AM
    nothingmore1
    Accused with fraud not committed
    If an item is mis priced from the company and you purchase it knowing the price is wrong but it's a good opportunity, can you be charged with fraud under $5000? Also let's say you are charged in court since you didn't do anything to do with fraud would thus charge be dropped...
  • Apr 27, 2008, 03:26 AM
    tickle
    If an item is priced wrong on the shelf by the retailer, and you buy it, even knowing from looking really hard that the price is wrong, no, I don't think its your fault. It was the responsibility of the retailer (or whoever) that priced it wrong in the first place. I don't see where the fraud would come in unless you were the one to put the price on the item and buy it, then that would be problem.
  • Apr 27, 2008, 05:29 AM
    excon
    Quote:

    Originally Posted by nothingmore1
    Also let's say you are charged in court since you didn't do anything to do with fraud would thus charge be dropped...

    Hello Nothing:

    Evidently somebody thinks you did something, so you're going to have defend yourself. If WHY they think you did something is a good enough reason for the judge to continue the charges, he will and you'll go to trial.

    I'd hire a criminal lawyer.

    excon
  • Apr 27, 2008, 06:03 AM
    Fr_Chuck
    Can you be changed, of course you can be charged, it is can you be found guilty that is the real issue.

    You can walk out of the store paying full price and if they confuse you with someone you can be charged.

    So you have to look at the exact laws of that area ( my guess Canada) and see what it takes to prove the crime, is intent required, if some overt act required. So you see what they have to prove.

    Also normally nothing is priced from the manufactor, unless it is a price printed on the container, but price tags come from the local store, and people at times move one label to another item, This is what they must believe you have done.

    So to make their case, they will have to prove that you moved that tag normally.

    But, I will say but, in some case law, if the price difference is so obvious, anyone would know that it could not be, for example a 1400 TV and the price tag says 9 dollars, So there are times when the price is so obvious but without more info it is hard to tell.

    The main issue, if you are charged, do not say anything without an attorney first
  • Apr 27, 2008, 07:59 AM
    JudyKayTee
    Quote:

    Originally Posted by nothingmore1
    If an item is mis priced from the company and you purchase it knowing the price is wrong but its a good opportunity, can you be charged with fraud under $5000? Also let's say you are charged in court since you didn't do anything to do with fraud would thus charge be dropped...


    I would say this happened to you and you were charged so it can happen - ?

    Someone else posted this same situation not too long ago but I can't remember the result.

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