Mail carrier gives package to wrong person at wrong address

[NC1]

This is in North Carolina.
Quick synopsis is a mail carrier hand delivered a package I sent to my daughter (same state) to a neighbor who said they would give it to her. The person who was handed the parcel claims he gave it to someone else to deliver, now the package is missing and my initial insurance claim was denied because the carrier marked it in as delivered. Neither the mail carrier or the neighbor deny what happened there.
My daughter was at home waiting for the package so we know there was no attempt by the carrier to deliver it to the correct address. The carrier did not care that it was the wrong address and also physically handed it to someone who was not the addressee, then falsely entered into their record that the package was delivered. When the deliberate mis-delivery was discovered by me, the carrier made no attempt to retrieve the package from the person at the incorrect address and the local post office seems uncooperative.
In my opinion the carrier was grossly negligent at the very least and was derelict of duty. A police report was made, and a detective was assigned to the case. As of this date, neither I nor my daughter has received a callback from anyone as to what is happening in regard to the investigation (it has been a week).
I do not understand how a postal employee can give a package to the wrong person at the wrong address, and falsify the record to reflect a proper delivery, then do nothing to correct the problem they created, and the post office will do nothing. A call to the Inspector General referred me to Consumer Affairs. Messages left at their Consumer Affairs office have not been returned either.
The person who took custody of the package and stated he would deliver it to the intended recipient did not do what they said, so I believe he received the package under false pretenses and is guilty of a felony.
Nothing is happening as far as I know since there is zero communication from anybody. I am beginning to suspect there may be a relationship between the mail carrier and the person at the wrong address.
What should my next steps be at this point?
Should I contact an attorney?

 

[Silverplum]

This is in North Carolina.
Quick synopsis is a mail carrier hand delivered a package I sent to my daughter (same state) to a neighbor who said they would give it to her. The person who was handed the parcel claims he gave it to someone else to deliver, now the package is missing and my initial insurance claim was denied because the carrier marked it in as delivered. Neither the mail carrier or the neighbor deny what happened there.
My daughter was at home waiting for the package so we know there was no attempt by the carrier to deliver it to the correct address. The carrier did not care that it was the wrong address and also physically handed it to someone who was not the addressee, then falsely entered into their record that the package was delivered. When the deliberate mis-delivery was discovered by me, the carrier made no attempt to retrieve the package from the person at the incorrect address and the local post office seems uncooperative.
In my opinion the carrier was grossly negligent at the very least and was derelict of duty. A police report was made, and a detective was assigned to the case. As of this date, neither I nor my daughter has received a callback from anyone as to what is happening in regard to the investigation (it has been a week).
I do not understand how a postal employee can give a package to the wrong person at the wrong address, and falsify the record to reflect a proper delivery, then do nothing to correct the problem they created, and the post office will do nothing. A call to the Inspector General referred me to Consumer Affairs. Messages left at their Consumer Affairs office have not been returned either.
The person who took custody of the package and stated he would deliver it to the intended recipient did not do what they said, so I believe he received the package under false pretenses and is guilty of a felony.
Nothing is happening as far as I know since there is zero communication from anybody. I am beginning to suspect there may be a relationship between the mail carrier and the person at the wrong address.
What should my next steps be at this point?
Should I contact an attorney?

Yes. You should HIRE an attorney to explain to you that everything that happens is not necessarily a Giant Conspiracy, people make errors, and that not all terms heard on "Law&Order" should be used in everyday complaints.

What was in the BOX?

 

[NC1]

Lol

No, I don't think it's a big conspiracy
Furthermore I never watch those shows you refer to, they are a useless waste of time and often wrong while pushing an agenda - but that's not what I am here for.
The terms I used are from a magistrate in my county, and I think I remembered them correctly but my memory on those things ain't what it used to be.
There is most assuredly some major issues since the mail carrier did bring the parcel to the wrong house and gave it to a stranger, all the while being fully aware of what he was doing. Both parties even admit to it without hesitation.
So, back on point, what is there to do after this?

 

[quincy]

This is in North Carolina.
... The person who took custody of the package and stated he would deliver it to the intended recipient did not do what they said ...

It appears the neighbor who took possession of the package was responsible for the safe delivery of the package to your daughter. If your daughter has any complaint, it should be against the neighbor, not the mail carrier or an unidentified stranger.

 

[b4sniper]

So does that mean a mail carrier can pawn off it's entire route to a stranger, and as long as that stranger says he will deliver the mail, the carrier is in the clear of any potential wrong doing, as well as the post office?

 

[quincy]

So does that mean a mail carrier can pawn off it's entire route to a stranger, and as long as that stranger says he will deliver the mail, the carrier is in the clear of any potential wrong doing, as well as the post office?

Not exactly. The mail carrier would probably be fired if s/he were to do that (and mail carriers have been fired in the past for failing to deliver mail).

But the mail carrier does not have to make several attempts to deliver a package to the same address.

What is usually done, and what is proper procedure, is the mail carrier will leave a notice informing the intended recipient that there is a package being held at the post office for the person.

However I know that in some neighborhoods, a mail carrier will leave a package with a neighbor to deliver, to save the intended recipient a trip to the post office. Once the neighbor signs for the package, then it becomes that neighbor's responsibility to ensure delivery to the correct person.

The daughter can file a complaint with the post office, because the mail carrier did not follow proper protocol, but, because no one (not the mail carrier, not the neighbor) is denying that the neighbor signed for the package, it will be from the neighbor that the daughter needs to recover her losses.

The neighbor is the one who took possession of the package and, had the neighbor not been willing or able to deliver it, the neighbor could have told the mail carrier s/he would not take responsibility for the delivery.

 

[NC1]

Developments so far

Here is what has happened so far with this -

A conversation with someone from the Inspection Service proved promising. I was assured that this situation in particular has the very likely possibility of resulting in the Mail Carrier being released of his duties permanently, and the person who received the package will in all probability be arrested and brought up on charges. Circumstantial evidence is enough because the carrier HANDED it to the other party who promised to deliver it, which he did not.

The inspector let me know, under no uncertain terms, that this is about as serious as it gets. They are not concerned about the dollar amount and are going to arrest whoever they feel have "dirty hands" (their term, not mine).
They are hired to prosecute theft so I do believe there will be a positive outcome.

We do believe the person took the package inside and proceeded to open it with the intention of stealing the contents for personal gain. That person is also known for illegal drug activity.

The package arrived at the local post office that very morning, so there were no previous attempts. Also, it was "delivered" to the house BEFORE the address on the label.

This is how we both view the event:
Since the chain of custody of the parcel was not broken, and the person that promised to deliver it did not, there is only one logical conclusion.
The mail carrier is the responsible party for setting off this chain of events due to his dereliction of duty and is not immune from negative consequences.

That's it for now, I'll keep you posted.

 

[Silverplum]

Here is what has happened so far with this -

A conversation with someone from the Inspection Service proved promising. I was assured that this situation in particular has the very likely possibility of resulting in the Mail Carrier being released of his duties permanently, and the person who received the package will in all probability be arrested and brought up on charges. Circumstantial evidence is enough because the carrier HANDED it to the other party who promised to deliver it, which he did not.

The inspector let me know, under no uncertain terms, that this is about as serious as it gets. They are not concerned about the dollar amount and are going to arrest whoever they feel have "dirty hands" (their term, not mine).
They are hired to prosecute theft so I do believe there will be a positive outcome.

We do believe the person took the package inside and proceeded to open it with the intention of stealing the contents for personal gain. That person is also known for illegal drug activity.

The package arrived at the local post office that very morning, so there were no previous attempts. Also, it was "delivered" to the house BEFORE the address on the label.

This is how we both view the event:
Since the chain of custody of the parcel was not broken, and the person that promised to deliver it did not, there is only one logical conclusion.
The mail carrier is the responsible party for setting off this chain of events due to his dereliction of duty and is not immune from negative consequences.

That's it for now, I'll keep you posted.

WHAT'S in the BOX??

 

[Proserpina]

WHAT'S in the BOX??

Se7en!

Fwiw, I don't believe OP's "I spoke to someone who said this and promised that" post for one second.

That misused "dereliction of duty" thing doesn't help

 

[NC1]

Se7en!

Fwiw, I don't believe OP's "I spoke to someone who said this and promised that" post for one second.

That misused "dereliction of duty" thing doesn't help

Well, fwiw, there were no promises made, just an utterance that conveyed the intention of prosecuting the guilty party should there be a preponderance of evidence, which on the surface appears to be there in copious amounts and backed by a 1st party witness.

Here, straight from the law dictionary, is the definition of the phrase you claim to be overused:
Dereliction of duty generally refers to a failure to conform to rules of one's job, which will vary by tasks involved. It is a failure or refusal to perform assigned duties in a satisfactory manner. Dereliction of duty on the part of an employee may be cause for disciplinary action, which will vary by employer. It may refer to a failure by an organization member to abide by the standing rules of its constitution or by-laws or perform the duties of the position appointed to.

As you can see, it does describe the action the Mail Carrier demonstrated.
It sounds like you are unhappy about the recent event since you so strongly deny the fact.
What is your motive for being so vehemently opposed to having justice metered out when a crime has been committed?

 

[NC1]

WHAT'S in the BOX??

This & that.

 

[Proserpina]

Well, fwiw, there were no promises made, just an utterance that conveyed the intention of prosecuting the guilty party should there be a preponderance of evidence, which on the surface appears to be there in copious amounts and backed by a 1st party witness.

Here, straight from the law dictionary, is the definition of the phrase you claim to be overused:
Dereliction of duty generally refers to a failure to conform to rules of one's job, which will vary by tasks involved. It is a failure or refusal to perform assigned duties in a satisfactory manner. Dereliction of duty on the part of an employee may be cause for disciplinary action, which will vary by employer. It may refer to a failure by an organization member to abide by the standing rules of its constitution or by-laws or perform the duties of the position appointed to.

As you can see, it does describe the action the Mail Carrier demonstrated.
It sounds like you are unhappy about the recent event since you so strongly deny the fact.
What is your motive for being so vehemently opposed to having justice metered out when a crime has been committed?

No crime has been committed, my friend.

It's nothing insidious, and I'm not Jack Bauer - I just know how this works (I'm sure certain posters can confirm my absolute distaste of our local facility and I won't be wearing their colours any time soon).

Nothing happens until the recipient or the shipper (not you) actually makes a claim. The official minimum time is 7 days after mailing, but most packages fall into the 15 day category.

A complaint against a Federal employee is extremely serious, and as a result that employee enjoys a LOT of protections that us mere drones simply do not get to utilize - even if wrongdoing is admitted. That's why investigations take time. So, bcause of the timeline you're claiming, one of two things has happened.

1. Someone on the other end of the phone has basically told you what you want to hear in very loose terms, because they're busy and they can't be bothered and will plead ignorance if it comes up that they've even commented on the investigation-which-hasn't-happened-yet or what may be done to the alleged perpetrator

or

2. You misunderstood what you were told.


Pick one.

 

[NC1]

No crime has been committed, my friend.

It's nothing insidious, and I'm not Jack Bauer - I just know how this works (I'm sure certain posters can confirm my absolute distaste of our local facility and I won't be wearing their colours any time soon).

Nothing happens until the recipient or the shipper (not you) actually makes a claim. The official minimum time is 7 days after mailing, but most packages fall into the 15 day category.

A complaint against a Federal employee is extremely serious, and as a result that employee enjoys a LOT of protections that us mere drones simply do not get to utilize - even if wrongdoing is admitted. That's why investigations take time. So, bcause of the timeline you're claiming, one of two things has happened.

1. Someone on the other end of the phone has basically told you what you want to hear in very loose terms, because they're busy and they can't be bothered and will plead ignorance if it comes up that they've even commented on the investigation-which-hasn't-happened-yet or what may be done to the alleged perpetrator

or

2. You misunderstood what you were told.


Pick one.

The claim was made online, and a denial was returned because the record reflected that a delivery was made. An appeal is currently pending. My daughter did what was required on her end, so all the ducks are in a row.
In the mean time, an investigator from the local Sheriff's office had interviewed both the person at the address who received the package and the mail carrier. The upshot is that their stories agree - that is all the information I have as far as the Sheriff is concerned.

In all probability, a loose version of your #1 above could be applied. I am aware of what goes on there

A referral from their Consumer Affairs office was made to the Postal Inspection Service, who in turn called me yesterday to gather more information. I received a letter today that it was being referred to the Inspection Office, which they defined as being the law enforcement arm of the US Postal Service. Maybe they are having a slow week and they got right on it?

So that is where I am at.

 

[Proserpina]

(If anyone hasn't been bored to death by my whining about our local post orifice....well, I'm about to ruin your Saturday)

We live about a block and a half from the facility. It's actually less than that, but I'm being generous. Because of this, we live "too close" to receive delivery at the house.

Yes. Too close.

So we have to pay a yearly fee to have our mail sit in a cold, lonely little box until we go and get it.

On whose planet does that make any sense?!

Poor lonely mail. It's dark in there, too. So dark.

Okay, okay, I'll shut up.

 

[NC1]

Some action today

The person who received the package from the mail carrier was arrested today by the Sheriff.
Only a misdemeanor charge, but still got arrested.
I'll keep you up to date when I hear more.