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Templeton woman buys back stolen jewelry

September 4, 2011

A Templeton woman was excited to learn that an Atascadero pawn shop had purchased her stolen jewelry. An emotion dampened when she learned she would have to pay the shop $2,100 before she could retrieve her items. [KSBY]

Carol Morgan left her home unlocked on Wednesday while her husband worked in the barn and she ran some errands. When she returned home, she discovered someone had entered her bedroom and stolen her jewelry.

“They had looked in several places, but had taken anything gold,” Morgan told KSBY. “I felt so violated and that first night going to bed and knowing that somebody was just three feet at the foot of my bed that day — that was bad.”

San Luis Obispo County Sheriff deputies notified local pawn shops, including Atascadero Jewelry and Loan, of the theft. An employee of the shop informed deputies the next day that the shop had purchased the jewelry from Fransisco Gomez and Vern Siordia, both 19-years-olds from Paso Robles.

“I thought they’re going to give me my jewelry back, well, it doesn’t work that way,” Morgan told to KSBY.

Even though Morgan thought the shop should return her property to her at no cost, deputies told her she was mistaken.

“The pawn shop has the right to obtain monies that they have spent to take in items that were subsequently determined to be stolen,” Sergeant Anthony Perry told KSBY.

Deputies arrested Gomez and Siordia and booked them into San Luis Obispo County Jail.

Morgan’s insurance will reimburse her for $1,000 of the $2,100 she paid the pawn shop. It is possible she can also get some restitution from the state.


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Most of your questions can be answered by reading the following sections concerning Pawn Brokers or truly Second Hand Dealers.


21625 to 21647 California Business and Professions Code


You will see in these sections, the victim did not have to purchase her property back. APD could and should place a hold on the jewelry allowing investigators to do their job. The Pawn Broker has a financial side in this and taking the property may result in lawsuits and criminal charges.


Now as you read the sections, the Pawn Broker has to wait 30 days after purchasing the jewelry before they can sell it. This allows the L.E. to review the pawn slips or Dealer’s Report of Sale (DROS). The Atascadero J&L could be investigated and cited for a violation of the B&P Code if they had the items out for sale so soon. However, there is a reluctance on the part of the D.A.’s Office to prosecute these matters, possibly from a lack of knowledge in such matters or not being worth it.


This is a great lesson and hopefully ALL law enforcement and D.A’s office get training in Second Hand Dealer laws. There are a lot of second hand stores cropping up, do they have a license? Are they being required to report purchases? The Second Hand Dealer laws were enacted to protect the citizens and allow a lawful means for victims to get their property back. Too bad its not enforced.


As a side note

Pawn Brokers are the second oldest profession (behind you know what) and they rely on the greed of man.


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So after reading this and other comments, it sounds most likely (as usual) that the Atascadero P.D. F**KED up!


Now I know I might get hit as beating up on cops but we have cops say (in general) that they aren’t paid enough for the job they do. Well lets see them start earning their pay.


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“Once is happenstance. Twice is coincidence. Thrice is enemy action.” (Ian Fleming, in James Bond “Goldfinger”)


Based on the number of breaches in ethics, covering up for their own when their own viciously assault citizens, and willingness for the DA to roll over and play dead for the likes of John Wallace, refusing to prosecute Wallace when Wallace has obviously committed fraud against the customers he is supposed to serve, repeatedly damaging the oceans, beaches and local communities by his self-serving actions….the Atascadero PD didn’t “F**K up by accident.


They “F**K”ed up on purpose.


The fact that the SLOCo Sheriff’s Department is, once again, helping the Atascadero PD to coverup their actions, and the DA is refusing to prosecute the pawnbrokers, indicates that, once again, the SLOCO-SD and the DA is involved in the coverup conspiracy.


Would the RICO law apply here?


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SLO Disrict Attorney rolled over and played dead to protect Attorney Robert Grigger Jones


http://www.youtube.com/watch?v=1Jkx50M8b8w&feature=watch_response


You know….I’m just sayin’!


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QUOTING THE ARTICLE:

““The pawn shop has the right to obtain monies that they have spent to take in items that were subsequently determined to be stolen,” Sergeant Anthony Perry told KSBY..”


QUOTING PALADIN:

“Now as you read the sections, the Pawn Broker has to wait 30 days after purchasing the jewelry before they can sell it. This allows the L.E. to review the pawn slips or Dealer’s Report of Sale (DROS). The Atascadero J&L could be investigated and cited for a violation of the B&P Code if they had the items out for sale so soon. However, there is a reluctance on the part of the D.A.’s Office to prosecute these matters, possibly from a lack of knowledge in such matters or not being worth it.


It seems incomprehensible that the SLOCo Sheriffs Department did not know the laws and regulations applicable to the situation.


It seems likely that the Sheriffs Department was joining in the coverup of the pawnbroker’s illegally selling the stolen/pawned items.


If the pawnbrokers would have been charged and convicted of violating the regulation, by offering the jewelry for sale before the 30-day period was up, at the very least, the pawnbrokers could have been forced to forfeit the jewelry to the rightful owner.


It makes me wonder if the Sheriff, the DA, or any other influential county government staff has a financial or other interest in the pawnshop, and used their influence to swing things in favor of the pawnshop owners. We’ve seen how the SLOFD, local PDs and the SLOCo ignore the victims’ rights when the perp is a member of one of those agencies or groups.


This is such a bizarre handling of the crime, I think it is highly unlikely that there isn’t some conflict of interest and coverup involved in the handling of the crime.


In addition, Sergent Anthony Perry should be sent out on disciplinary leave, without pay, for making a statement to the media that simply states the pawnbrokers have a right to get their money back. He conveniently made no mention of the victim’s rights, and no mention that the pawnbrokers had broken the law in offering it for sale too soon.


Since the DA is reluctant to prosecute the laws broken by the pawnbrokers, then the County should reimburse Mrs. Morgan, the victim, for the money she was FORCED by the pawnbrokers AND their taxpayer paid”enforcers,” the SLOCo Sheriffs Department, to pay to get the return of property stolen from her.


You know, when Farino wrote his opinion piece, then later in a post claimed that firefighters were flipped off by citizens as the FFs drove by, I thought they were making it up.


Now, after the violent assaults of Mason and Cramer, I totally believe FFs have been flipped off…and for good reason.


A sure-fire education-training experience for FFs and POs would be when one of their own is prosecuted and sentenced to the full extent of the law. However, because of the conspiracy between the County DA, the FFs and POs to coverup the committing and/or full extent of the violent crime against a citizen, it is very difficult to bring these violent thugs to justice.


When members of the fire-fighting community, and the police community, make routinely attempt to murder citizens, they are treated so preferentially that it cripples any possible case that could be brought against them, and members of the FF and PO community remain silent about the assaults—I think the FFs and POs deserve disrespect.


Their job is to protect and serve….not assault and serve themselves.


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We had a laptop and jewelry stolen about two months ago. We were able to access the laptop remotely and retrieved an IP address in Los Osos where it was being used. We found the stolen goods for the APD and they “were unable to do anything about it” because we weren’t law enforcement. Total bull pucky They do, however, have an officer who is detailed to find and cite seat belt violations. Good work APD.


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As usual, the law is not designed to defend victims, only benefit the state. The only requirement for the pawn shop owner is that the file the appropriate paperwork with the purchase, and get the ID of the purchases. Doing that lets the pawn broker off the hook, but of course doesn’t do anything for the victim. The police “get their man.” But does THAT help the victim? Not really. I have tried negotiating with a prosecutor before to get them to drop charges on someone so that they could keep their job and then work out restitution with me over time. They looked at me like I was crrrrrazy and of course that was out of the question. It was more important than they “get their man.” If, of course, got nothing.


But should an individual buy something from another individual and it is found to be stolen, then they are screwed. They lose the item, they may get a receiving stolen property charge, and usually the victim STILL never gets the property back, it winds up sitting in some storage room. These are the same folks that so many want to protect them from gangs and drugs… not gonna happen.


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I’m confused… isn’t there a paper trail to follow? I mean, isn’t a pawn shop required to document WHO is selling or consigning them something? Isn’t there video surveillance on the premises?


So, we have two 19-year olds… did they get taken in and asked, “where did you get this?”


Something is missing here, and I don’t mean the stolen goods.


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QUOTING THE ARTICLE:

“‘The pawn shop has the right to obtain monies that they have spent to take in items that were subsequently determined to be stolen,’ Sergeant Anthony Perry told KSBY.

Deputies arrested Gomez and Siordia and booked them into San Luis Obispo County Jail.”


—————


They arrested two perps. However, since the pawnbrokers were not charged with violating the regulation for a 30-day waiting period after goods are accepted by the pawnbrokers until they goods are offered for sale, there is little chance Mrs. Morgan, the victim, will get her money back. It doesn’t sound like the perps have that kind of money lying around.


However, had the DA got off of his dead a$$ and charged the pawnbrokers and seized the pawned items as evidence–with a conviction at trial–there is a good chance (IMO) that the pawnbrokers would have had to, at the very least, return the stolen goods (the jewelry the pawnbrokers ILLEGALLY offered for sale) to Mrs. Morgan.


Really, the cavalier attitude of the Atascadero PD and the SLOCo DA towards the rights of victims, and serving the law-abiding citizens of their jurisdictions, is insulting and degrading to every taxpayer who pays their salaries.


The SLOCo DA and the County law enforcement agencies are more concerned with coddling, protecting and covering up for the lawbreakers than they do for serving the law-abiding citizens.


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It would also be interesting to know how often stolen merchandize ends up at this Pawn Shop. I’ve heard of other people finding their stolen stuff there. Are they less discriminating about buying items than they should be because they know the police will allow them to charge the victim?


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If the pawn shop paid $2,100 for the jewelry, it was most likely valued at more than double. I would like to know what possessed the pawn shop to believe that these two 19 year olds came by this jewelry legally? It should have been obvious that something wasn’t right. But why should they care, they had nothing to lose thanks to knowing the APD has a “local policy” that wouldn’t let them take a loss but rather would throw the cost back to the victims. The behavior of the APD encourages stealing and fencing. I wouldn’t allow the pawn shop or the APD to get away with that baloney. I would file a complaint with the AG.


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I know that it does seem weird that the this woman has to pay to get her stuff back. Last night when I watched her on the news she wasn’t mad at the pawn shop and said that she understood and didn’t hold it against them. But I’ve never heard of such a thing, it dose seem like they should just give her back her gold and either make a claim with their insurance or just use it as a write off. But the thief that we aren’t talking about that and the one that I dislike the most is the victims insurance company. She’ll be lucky to get half of what she has to pay. Insurance companies are horrible. I’d be curious to see what the insurance company gives her.


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Insurance pay’s according to how you purchase your insurance coverage. There is replacement value and actual cash value. It’s always smart to have replacemnt value. In this case, she has flat coverage of $1,000 per incident through her home owners policy for theft.


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I’ve had to file insurance claims. My house got broken into several years ago. I had paid to the same insurance company for 13 years without a claim. When the adjuster came to my home he made me feel as I was filling a false claim because I didn’t have receipts for my expensive boots, records etc. The thieves cleaned my house out, do you have receipts for your pots and pans? They wouldn’t cover anything that I didn’t have receipts for. Luckily had a a lot of stuff on home movies so that stuff I did get some reimbursement for but after three years they still hadn’t paid me off. I had to get an attorney to threaten a million $ suit to get my money. I didn’t get a penny for things like my record albums (yes that long ago) pots and pans, expensive clothes. I didn’t know that if I had shearling jacket that I had to have a special policy/rider that covered furs. Of course shearling is leather and not a fur but they find ways to get you so they called it a fur. I don’t say that I hate too many things but I hate HATE insurance companies, including medical insurance companies. I hate hate hate having to pay those thieves so much money every month.


How do you know what type of insurance policy she had.


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I’m not aware that you need receipts but you need some kind of proof of ownership. Owners manuals, photo’s, old credit card statements. You usually have to add insurance for items like jewelry, furs or coin collections and such on a separate rider. As for things like record albums or clothes, they will be considered next to zero unless you have replacement value. Actual cash value items like pot’s and pan’s, electronics’, furniture and the like will be considered fully depreciated with a 10% salvage value within 3 to 5 years of the purchase date unless you have replacement value insurance. I have a video of all my possessions in a safe deposit box and have replacement value insurance. I have owners manuals or receipts for anything that was very expensive so that I can prove the value.


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You need to have receipts for EVERYTHING including throw rugs and sheets. If they take everything then those things add up. I asked the adjuster if he had all the receipts for his pots and pans and his underwear, he looked at me like I was crazy and said ‘of course I do’. Like doesn’t everyone. Although clothes are depreciated they add up especially when you come home to find that all you own are the clothes on your back, one photo album and some pieces of big furniture. You are right about the clothes BTW. In my case anything over 5 years old was worthless in the eyes of the insurance co.. We all have those expensive clothes that we don’t wear very often so even if they’re 8 years old they’re like new. I had beautiful expensive boots, shoes and jackets that were very expensive and like new, I received nothing for them. Lesson to all women, wear your good stuff everyday, don’t save it for special occasions.


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I think the reason they were demanding receipts from you is because you had ACV type coverage. They wanted to use the purchase date of your property to depreciate it. Like I said, anything 3-5 years old would have had a 10% salvage value (according to the rip-off insurance co). Make certain you purchase replacement value, they have to give you what it would cost to replace it in the same perfect condition it was in, when it was stolen.

With ACV, if you have a flat screen TV stolen that you only watch a few hours a night on Sunday, they will give you 10% of the purchase price but if you have replacement value, they would have to buy you a new TV.


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Our attorney said that this is how they work. The adjusters main goal when adjusting a claim is to do what ever he can to pay out less and that many times they make the rules up as they go.


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It all boils down to what insurance companies are really in business for. Hint, it isn’t to pay out claims. It’s to make money from people that don’t make claims, in other words, sell false promises.


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Typoqueen, why do you think they call them insurance ADJUSTERS?


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When I was young someone stole all my dads tools from our garage. He was a truck driver and did his own maintenance. It was devastating to us,. He filed a claim and was told he needed receipts. He explained he had some of those tools since the 50’s. No deal SO, we went door to door explaining our plight and the neighbors handed over receipts. When he passed away years later he still had tools he hadn’t opened yet! I can’t believe the pawn shop was alright receiving stolen property. Unjust enrichment.


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Scheduled your jewelry under your homeowners policy for maximum coverage. Had this woman done so, she would have been paid the full value, less her deductible.


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Yes Typoqueen I’d like to know what the insurance gives her too . I’d also like to know the name of this company .


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The story already answered that question. $1,000.00 is what the insurance is going to reimburse her.


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I wouldn’t believe it until I see it.


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It sounds like that is what was written into her policy for jewelry. It isn’t uncommon for insurance company’s to write in a flat $1,000 for theft of jewelry per occurrence unless you specifically insure your jewelry for more. Regardless if she lost a $1,500 ring or a 15K ring, she would have a flat $1,000 insurance on her jewelry. I have no doubt they will pay it, there is no question that she owned it, it was stolen and recovered less the $2,100 cost of recovery.


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I doubt the Pawn Shop paid those crooks $2,100 dollars for her jewelry.


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Rawhide , I was thinking the same thing . If they are making one CENT in profit , we should boycott the pawn shop .


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I agree, this isnt’ good PR on the part of the pawn shop. But I don’t doubt the cost of the gold, gold is sky high right now.


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Some high volume pawn shops have to log every single incoming item into a computer that’s shared w/the local PD’s database of stolen items. So if someone gets robbed and reports their stolen jewelry, guns, whatever…then the cops are the first to know when the items show up at a local pawn shop. This situation make the A-town cops look like they’re in cahoots with the robbers!


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I watched this story on the news last night. It sounded as if right after they stole the jewelry they went right down to the pawn shop before the woman even knew her stuff was gone. So that’s why the pawn shop took the goods in the first place, it wasn’t reported as stolen yet.


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