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Also, the author's choice of title is deceptive. He did not have it 'legally' lost in any way. Crime -- fraud or theft -- most certainly happened, which is why

by tofof 8y ago

Also, the author's choice of title is deceptive. He did not have it 'legally' lost in any way. Crime -- fraud or theft -- most certainly happened, which is why the police became involved. (Note - the author twice mentions the involvement of the NYPD and once claims that the police refused to participate because it wasn't a criminal matter. Perhaps he meant to say 'formerly of the NYPD' and 'from the PI', but it's at best unclear. I suspect the police refused to get involved with his civil dispute with the insurance company; the author is certainly not careful to distinguish between the various legal elements.) His insurance through KitSplit has a legally-sound clause allowing them to deny coverage for 'voluntary parting' (a term which explicitly includes criminal fraud). But that doesn't make the thief's actions legal. Again IL-specific, but almost certainly generalizes: "theft" as far as the criminal code is concerned --- which is different than what an insurance contract means by the term --- happens whenever a person "knowingly obtains or exerts unauthorized control over property and intends" (through several possible mechanisms) "to deprive the owner permanently of the use of that property." [0] Definitely includes what happened here, definitely illegal on the thief's part. 0: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqEnd=39200000&SeqStart=36500000 http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&Ch... at "Sec. 16-1. Theft."

FireBeyond 8y ago
And certainly, as many people have pointed out, "neglect" to return your rental car to Hertz and watch how quickly a warrant is issued for your arrest for GTA - it's certainly not considered "not a criminal matter".
- Scoundreller 8y ago
  Once I was a bit late and got back to the drop-off location after close. They tried their very best to make it impossible to drop-off after-hours (can't even slip keys under door). When I called the rental co. to see what I could do (e.g. extend a day), their centralized call centre script went something like this: "blah blah blah you had a contract with us, you have to immediately go drop the car off at one of these other locations, blah blah blah". Why make me sound like a criminal when I called YOU to figure out a plan? Anywho, came back the next day and paid for an extra day with no added penalties/handcuffs. Much more convenient than bee-lining it to their downtown location.
brownbat 8y ago
NY is the relevant jurisdiction. Larceny is the subsection. False promise is the relevant subtype. http://ypdcrime.com/penal.law/article155.htm#p155.05 http://ypdcrime.com/penal.law/article155.htm#p155.05 Read the statute and it's obvious why the police had no interest in pursuing this, the burden for intent is basically impossible to meet in that jurisdiction.
CPLX 8y ago
The NYPD is useless on stuff like this. I had a camera stolen too, different circumstances but I knew exactly who did it and when and it would have been on a security camera but the cops just refused to take a report. I learned later from blog posts and news reports that this is a common problem. A higher value theft is a comstat reported crime and their entire life depends on making those numbers go down for their precinct. They have a long history of coming up with reasons why they can’t take a report on stuff like this but it’s bullshit. In the unlikely event that this ever happens to you and you remember this post you insist on not leaving without a 61 (the name of the form) and ask for supervisors until you get one. Then it’s in the system as an unsolved crime and they have an incentive to solve it, per the same stats system.

by tofof 8y ago

FireBeyond 8y ago

And certainly, as many people have pointed out, "neglect" to return your rental car to Hertz and watch how quickly a warrant is issued for your arrest for GTA - it's certainly not considered "not a criminal matter".

Scoundreller 8y ago
Once I was a bit late and got back to the drop-off location after close. They tried their very best to make it impossible to drop-off after-hours (can't even slip keys under door). When I called the rental co. to see what I could do (e.g. extend a day), their centralized call centre script went something like this: "blah blah blah you had a contract with us, you have to immediately go drop the car off at one of these other locations, blah blah blah". Why make me sound like a criminal when I called YOU to figure out a plan? Anywho, came back the next day and paid for an extra day with no added penalties/handcuffs. Much more convenient than bee-lining it to their downtown location.

brownbat 8y ago

NY is the relevant jurisdiction. Larceny is the subsection. False promise is the relevant subtype. http://ypdcrime.com/penal.law/article155.htm#p155.05 http://ypdcrime.com/penal.law/article155.htm#p155.05 Read the statute and it's obvious why the police had no interest in pursuing this, the burden for intent is basically impossible to meet in that jurisdiction.

CPLX 8y ago

The NYPD is useless on stuff like this. I had a camera stolen too, different circumstances but I knew exactly who did it and when and it would have been on a security camera but the cops just refused to take a report. I learned later from blog posts and news reports that this is a common problem. A higher value theft is a comstat reported crime and their entire life depends on making those numbers go down for their precinct. They have a long history of coming up with reasons why they can’t take a report on stuff like this but it’s bullshit. In the unlikely event that this ever happens to you and you remember this post you insist on not leaving without a 61 (the name of the form) and ask for supervisors until you get one. Then it’s in the system as an unsolved crime and they have an incentive to solve it, per the same stats system.