"I Can Make Payments!" — Burlington Cashier's $3,100 Fraud Scheme Exposed | Legal Analysis

Added: 2026-05-08

[00:00:00]Well, you, unfortunately, there's no choice. You're going today. Can I pay the money back, please? I can't go to jail. I just lost my grandma and everything. I can't go to jail. Do you have $3,100? I can pay payments. I can do something.

[00:00:13]>> that's That's not on my hands.

[00:00:14]>> On January 8th, 2023, Palm Beach County deputies responded to a Burlington [music] Coat Factory in Florida. A cashier had been systematically suspending point of sale transactions to let merchandise leave without payment.

[00:00:27]Loss Prevention had already linked her cashier ID to roughly $3,100 in losses. This footage [music] raises three legal questions: Miranda sufficiency, voluntariness of waiver, and charging accuracy.

[00:01:15]Okay, so what's going on? The machine was always the cashier.

[00:01:19]And she was always giving them the stuff for free. Okay. And the other searches, I haven't found any where they're like an error. She's just She's at the cashier, so she's really committed to like $1,000, which is about what I came up with.

[00:01:34]So, minimum of $3,000, she allowed to leave the store by not properly ringing it.

[00:01:42]But I I put it on here. Like I kind of put This is her, so she's responsible for like $3,000.

[00:01:49]The other one, from what I can see on the transactions, 16 of that is what this social walked out with.

[00:01:56]And this one here is like a former social that she recently quit. And there is a That's just their names. And she's had a had all the other social's names.

[00:02:04]But that person you have present here, is it she wasn't involved in all the transactions?

[00:02:08]>> involved in all of them. She was the cashier. She was the cashier, so she was like letting the employee let leave with all those stuff.

[00:02:14]>> She would ring some of the stuff up. You know, it looks like it looks like everything's looking like it looks like everything's getting rang, but then she's instead of cashing it out, they would get suspended. So, they would just suspend the transaction, but she still gave them the stuff and they walked out.

[00:02:26]They never paid for it. Like on this this here, that's Every one of these are items taken or items None of that was paid for. Okay, that's what I just want to make sure. So, it's $3,100.

[00:02:39]Almost $3,100. This is her generic statement. Yeah, but it's not sworn to us. It's Give me one second, all right? Well, let me go ahead and talk to her. Well, at least let me make contact with her and let her know what's going on.

[00:02:52]I'm sure they can get her on the phone for her.

[00:02:56]She's here to talk to you.

[00:02:58]All right. I've got to thank you for the service office.

[00:03:03]Well, you, unfortunately, there's no choice. You're going today. Can I pay the money back, please? I can't go to jail. I just lost my grandma and everything. I can't go to jail. Do you have $3,100? I can pay payments. I can do something.

[00:03:16]>> Uh that's That's not on my hands. That's on them, but they want everything Right now, they're prosecuting.

[00:03:32]I can't I can't go to jail.

[00:03:34]I really can't go to jail. I'm a single mom. I can pay I can make payments. I can do a payment plan. Please, just give me an option.

[00:03:43]I can't go to jail. Right. And I And I did this I know I know what it's like, but I did and they, you know, it's Please, can you can you can you call them back and talk to them and explain it? I can't go to jail. I will. I will call them back, but I don't you know, I don't know what's going Can you just talk to them? I can't go to jail. I can't I can't I will. I will I will call them, but just talk to this guy. He going to take me to jail. Well, first we're going to talk, and then we'll go from there.

[00:04:11]Um but I I will go and step out and talk. But I just want to say that I did I did tell them all that ahead of time, you know. I can make payment plans.

[00:04:21]I can do anything. Don't take me, please don't I was wrong. Please don't take me to jail. Okay. Please. Well, talk to this guy, all right?

[00:04:31]All right, do you What's your name, ma'am?

[00:04:34]Here it is. All right.

[00:04:35]So, I'm going to read your Miranda cuz we are going to talk.

[00:04:39]So, just I make sure you acknowledge everything that I say, all right?

[00:04:44]You have the right to remain silent and not answer any questions. Do you understand? Yes.

[00:04:47]Any statement must be freely and voluntarily given.

[00:04:50]Do you Do you understand?

[00:04:54]I just need a yes or no. Okay. Okay. You have the right to an attorney of your choice or a court-appointed attorney before you make any statement or answer any question. Do you understand? Yes. I can make no promise to you that you should make a statement. This must be in your own free will. Do you understand?

[00:05:07]Yes. Any statement can and will be used against you in a court of law. Do you understand your rights so far? Yes.

[00:05:12]Okay. Do you want to speak to me what happened cuz we got a lot of stuff here.

[00:05:18]So, would you like to talk to me about what's going on or Hello.

[00:05:24]I was wrong.

[00:05:26]I'm sorry? I was wrong.

[00:05:28]Okay, well, I mean, I know you I know you you spontaneously thought of that a few times. What I'm getting at is Okay, so we have all these transactions that were not rung up. Okay?

[00:05:40]You with me so far? Yes.

[00:05:42]And some of these were for employees that work here, correct?

[00:05:46]Okay, so do you want to explain like like we have one that's on layaway. Like what happened What What happened here?

[00:05:54]I mean, were you ringing Were you Did you ring it up and saw them walk out and not pay for the product? Is that what happened?

[00:06:02]Okay.

[00:06:03]And he's going to call corporate, so nothing is official yet, but we are going to talk cuz So, they've got you They say about 31 almost $3,100 in items so far. Well, like I I don't even know half of them people. I told everybody it was a mistake for some of them, but they're saying that there is the receipt came out after they put their card in.

[00:06:31]And the receipt came out. I didn't know if I suspended it or not. I just explained it to them. Some of them people I don't even know.

[00:06:38]>> How do you explain I don't understand what you mean by suspend. That's what I don't understand. What does that mean?

[00:06:42]So, like this one here has your name right?

[00:06:44]>> Yes. So, this [snorts] was a transaction for 13 items on the 20th, right?

[00:06:51]So, and it says status suspended. What does that mean? The The The transaction was suspended.

[00:06:58]>> [snorts] >> Okay, was that a declined card or did it just No, it just was I just canceled the whole transaction.

[00:07:12]>> All right, so you canceled You suspended that transaction, right? So, your your end of day count is not looking for that money cuz that transaction was suspended, correct?

[00:07:23]So, we have a total of uh So, it's like $103. So, did you allow a lot of products to leave the store? Yes.

[00:07:33]And did you know that this that the that the transaction was suspended? Yes. Is that something you >> It's the one No. This is Well, this is what it says here. One person used the card. She put her card in, but the receipt still came out. He said I put suspended. So, the receipt still came out. So, he's saying I suspended it and the items didn't leave the store. Okay, so the the transaction was suspended.

[00:07:58]You knew it was suspended.

[00:08:00]And >> And not this one. It's another one that I knew was suspended.

[00:08:03]>> Okay, so regardless, how does it go and suspended? Is it because a payment wasn't accepted or there was no payment or is it something you have to do?

[00:08:11]>> You can press F2 F You can press your number on there and it says suspended.

[00:08:20]Okay, so that's That's happened and so you knew that this transaction was suspended for whatever reason and you allowed the product to leave.

[00:08:29]I'm sorry? Not all of them because the receipt will come out. If they put their phone right there, it's the it won't tell me if you won't pay. It's just the receipt will come out.

[00:08:38]Okay, but it doesn't always have suspended. I mean, every one of these receipts has suspended on them. That's what the system said. Okay, but I also have one here. I'm looking for it.

[00:08:48]That was a layaway that they came back in the next day.

[00:08:52]That layaway was then canceled and then the product still left the store.

[00:09:00]So, I guess what I'm getting at here is I mean, you were knowingly allowing the stuff to leave the store, correct? The layaway, yes.

[00:09:09]So, So, why would you do that?

[00:09:12]I told I was helping a person. Are you getting any kickback for that? Are you Are they giving you anything for this product or And how long you worked for Burlington?

[00:09:24]I started in March. In March? Yes.

[00:09:40]All right, cuz they also got video which they're going to provide us for all these transactions.

[00:09:46]So, I guess another question is how do you pick and choose who you're allowing to leave without paying for product?

[00:09:57]Cuz some of these are Some of these are associates that work here. Two of them are. Two of them were definitely associates that we know of.

[00:10:03]Um is there something they do that they told you about?

[00:10:09]Cuz I mean they coming up to you asking I mean do you know them from like the neighborhood I mean how do you know them? Are they are they didn't work?

[00:10:16]Two of them work two of one of them I know. That works here? You know them prior to working here?

[00:10:22]And then they did they tell you that this goes on? No.

[00:10:30]You ever been arrested before?

[00:10:32]No. You ever been in trouble? No.

[00:10:39]All right. I know he's talking to some people.

[00:10:41]But as of right now if this goes away it is it's it's a felony. You will have to take you if they do decide to prosecute it's up to them.

[00:10:50]They could turn around and be like we'll work something out with you.

[00:10:53]I have no control over that. If they do the only thing I would definitely be cognizant of is that this is a felony.

[00:11:02]So they have a certain amount of time that they can report this without any repercussions.

[00:11:06]So if they decide to work out a payment plan which I have no control over at all and you fail on that payment plan they can call us right back and there's without with everything I have here and after speaking with you there's there's without a doubt probable cause for a felony theft of of three grand.

[00:11:27]Um so if that's something that they allow to happen again I have no control.

[00:11:34]Then it is something that you need to state stay with because there's enough here I mean you there's a thousand dollars it's you could almost be charged with a um a scheme to defraud.

[00:11:47]If you're working with other people to defraud Burlington that's another charge on top of it. It's not just a theft of three grand cuz you didn't keep the product you don't have it. You allowed it to walk out. So there's a charge on the books it's called a scheme to defraud which is you're facilitating it and other people are benefiting from it. Cuz you're not benefiting you didn't get any of the product. It's not like it's sitting in the car waiting for you to get out unless you all are taking it and reselling it on the outside.

[00:12:18]>> I I get it. Listen times are tough right? I I I get it.

[00:12:22]Trust me. I I I understand that but you also have to understand too that you know you're not talking a couple hundred three thousand dollars. You've been here since March.

[00:12:31]Yeah.

[00:12:34]Yeah. Yep. That's what I thought. They never arrested you. Okay.

[00:12:40]Under Colorado versus Connelly decided by the Supreme Court in 1986 emotional distress alone does not render a Miranda waiver involuntary. The constitutional question is police coercion not the suspect's internal state. The deputy made no false promises and explicitly disclaimed authority over the prosecution decision. Critically Florida statute 817.034 the communications fraud act does not require the perpetrator to retain the stolen property. Facilitation of an ongoing scheme is independently sufficient for felony liability.

[00:13:17]All right.

[00:13:18]Well we're going to have to we're going to have to I'm going to be cordial and I'm going to respect you.

[00:13:26]We're going to get everything we need from him.

[00:13:28]We're going to walk you out like a like normal.

[00:13:31]So you give us any indication that you're not going to cooperate you're going in cuffs. You're going to go in cuffs at one point.

[00:13:37]But instead of what they call perp walking you through the store and embarrassing you in front of all these people we can do it cordially and then we go outside cuz this isn't going to be you get released here. You're you have to go to you're going to go to county. So you you're going to abide that I mean if it was under if it was a misdemeanor I could release you on scene. I can't.

[00:13:53]This is three thousand dollars. I can't do that. So you have to do that.

[00:13:57]Um you going to have to see a judge. You if you ain't got no record What's that? I got stuff in there. It's a felony if you don't get you down there quick enough yeah.

[00:14:06]I can't I can't undo that. But if you got a good record no history you know it might be an ROR it's up to the judge. Um where do you stay at?

[00:14:16]Cuz you know what guess what? I'll take you out there.

[00:14:19]All right?

[00:14:21]Because I can take you to gun club which means someone's got to come all the way over here to Coast to get you.

[00:14:25]I can take you out to the Glades which is where we're supposed to take you and then when you get out you're right there.

[00:14:30]All right? I'm going to do the best I can as long as you cooperate with us and and be cordial then we can work he's with me we we got you we can take care of this but if you start acting up I am. cuffs and all the way through. All right? Where is your purse? In the vehicle.

[00:14:46]All right. In her vehicle? All right.

[00:14:49]She's got what she wants out of it so if you you want to go back to the sub with me and help me do the property real quick All right. and then we can get her down where we got to go.

[00:14:57]Like I said ma'am if you cooperate let's go this route if you don't Well you want to leave your stuff in the car?

[00:15:03]Get the the bag.

[00:15:05]All right. She's going to take a couple items that she needs and the rest of it.

[00:15:18]Show us where your car is one of us will take that out there and drop it off.

[00:15:21]Once you go to my car do we have to go in cuffs and then we'll give you a double them up.

[00:15:25]I will transport you to our district to get a paper work done and everything in this court.

[00:15:44]It's a black Chevy Impala. What's that?

[00:15:46]It's a black Chevy Impala.

[00:15:48]>> It's a black Chevy Impala? Yeah. All right. You want to get me that and the keys? This is me right here.

[00:15:55]We'll try to make it as comfortable as we can right?

[00:15:58]They ain't built for comfort.

[00:16:01]Hold on we got to we got to double it up.

[00:16:04]Want to give you a little bit more freedom all right?

[00:16:08]Huh?

[00:16:09]The deputy receives an A- minus. His Miranda advisement was segmented with individual acknowledgements in the gold standard for defeating later suppression motions. He used no minimization tactics and made no false evidentiary claims.

[00:16:23]The minor deduction reflects one leading question regarding kickbacks where an open-ended formulation would have been preferable. Otherwise this is textbook custodial interrogation. The subject receives a C plus. Her physical cooperation prevented escalation and preserved her dignity at arrest. However her decision to waive Miranda was the most damaging choice she made.

[00:16:43]Documentary evidence already established probable cause. Her admissions converted a contestable case into a near certain conviction. A subsequent petty theft while on probation now exposes her to revocation of the original felony sentence. Burlington's loss prevention team earns an A. They detected the scheme through automated audit logs tied to cashier identifiers the model workflow for internal retail theft response. The civic lesson here is unambiguous. Cooperation with arrest logistics protects your safety.

[00:17:14]Cooperation with custodial interrogation without counsel present almost never protects your case. The Fifth Amendment right to remain silent and the Sixth Amendment right to counsel exist precisely for moments of distress when emotional pressure makes self-incrimination most likely. Invoking those rights is not an admission of guilt. It is the legal posture every defense attorney would advise their client to assume once invoked clearly and unambiguously under Edwards versus Arizona all interrogation must cease until counsel is present. That single sentence can change the entire trajectory of a criminal case. Let us know in the comments which legal topic you would like us to cover next. Thank you for watching.