Colorado - failure to report a cashier error (receiving item for free)

[GoodEatins]

I have a friend who went to a store to make a large purchase. He made an attempt to pay for the item but the cashier made an error and didn't ring it up. The value of the item was over $1500. He left the store with the item with the store employees not realizing that this happened. They even helped him load it into his car. My friend wasn't aware of the error until he checked his bank account the next day and saw that he wasn't charged for the large purchase. I am trying to encourage him to report the error to the store.

Question is this: Is this a crime or misdemeanor on his part to keep the item and not tell anyone? Is he obligated (legally) to report the error to the store? Can he be arrested or summoned to court for not doing so?

I realize it's morally wrong for him to keep the item and will report it to the store myself if he doesn't come clean. But I want to give him the opportunity to do it himself.

To my knowledge, the store is still unaware of the error, but I'm not sure if it'll be discovered on their accounting / inventory side of things. I don't want to see my friend get in trouble.

 

[GoodEatins]

One other important tidbit of information is that at some point during the failed transaction, the store entered some of his personal information into the computer (name and phone number). I'm not sure if this would have gotten stored since the transaction didn't officially go through.

 

[Ohiogal]

One other important tidbit of information is that at some point during the failed transaction, the store entered some of his personal information into the computer (name and phone number). I'm not sure if this would have gotten stored since the transaction didn't officially go through.

So your buddy stole an item and plans to profit from the theft. This is NOT NOW a mistake. It is him knowing that the item is stolen. But let him continue to be a thief. If he doesn't correct the issue, he could find that he ends up with criminal issues down the road.

 

[Ohiogal]

I have a friend who went to a store to make a large purchase. He made an attempt to pay for the item but the cashier made an error and didn't ring it up. The value of the item was over $1500. He left the store with the item with the store employees not realizing that this happened. They even helped him load it into his car. My friend wasn't aware of the error until he checked his bank account the next day and saw that he wasn't charged for the large purchase. I am trying to encourage him to report the error to the store.

Question is this: Is this a crime or misdemeanor on his part to keep the item and not tell anyone? Is he obligated (legally) to report the error to the store? Can he be arrested or summoned to court for not doing so?

I realize it's morally wrong for him to keep the item and will report it to the store myself if he doesn't come clean. But I want to give him the opportunity to do it himself.

To my knowledge, the store is still unaware of the error, but I'm not sure if it'll be discovered on their accounting / inventory side of things. I don't want to see my friend get in trouble.

Oh and it could be considered a FELONY on his part depending on the actual facts. If he wants to do the honest/right thing, he calls the store and reports that it seems the charge didn't go through -- why didn't he realize it when he got his receipt?

 

[cbg]

The store is now aware of it because last night when they balanced all the registers they were $1500 off.

 

[LdiJ]

The store is now aware of it because last night when they balanced all the registers they were $1500 off.

Maybe...it depends on what kind of mistake the cashier made. Its also possible that if the card went through as a credit rather than a debit that it could take a couple of days to show up in his account.

 

[justalayman]

If you think anybody is going to believe the cashier and you weren't both aware that you did not pay for this I suggest you stop taking drugs or take some if you don't.

The cashier told him the total and if this was the type of pop system where the card was not automatically charged or debited. He signed something that showed the total.

What happened was the cashier intentionally deactivated the security tags with both your friend and the cashier quite awAre of what was going on.

It is likely they both will be charged with crimes.

 

[GoodEatins]

Thank you for the information. I passed it along to him and he has decided to contact the store to take care of the issue.