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(NBC 2 Fort Myers)   If you're the guy who took $1000 from a waitress who thought you had lost it, but it actually belonged to someone else, congratulations on getting in the running just under the wire for Douche of the Year   (nbc-2.com) divider line 71
    More: Florida, WBBH News, Bonita Springs, Cape Coral, douches, wires  
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6310 clicks; posted to Main » on 22 Dec 2013 at 3:29 PM (48 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-12-22 03:32:34 PM  
At least they're not a turd sandwich.
 
2013-12-22 03:36:37 PM  
I can understand how it would be hard to turn it down if someone hands you $1000. Blaming the guy who was given the cash seems like a good way to take the blame off the waitress though.
 
2013-12-22 03:39:36 PM  
Where's the image of the guy from the cameras?  If he was on camera make him famous.
 
2013-12-22 03:41:45 PM  
put ma money on black
 
2013-12-22 03:42:02 PM  
This is why most restaurants have a strict policy of turning in found items to the front desk, even if you think you know who lost it.

That, and because people have been known to leave items at the table, and then rob the waitress for her cash tips when she comes outside to "catch up" with you.
 
2013-12-22 03:43:32 PM  

420Gabriel: I can understand how it would be hard to turn it down if someone hands you $1000. Blaming the guy who was given the cash seems like a good way to take the blame off the waitress though.


It sucks because she meant well, but the waitress is the one who screwed up. Unless you physically see the item falling out of the customer's pocket, you can't assume it belongs to that person. Keep it somewhere safe and wait for the person who lost it to come back looking for it.

That being said, the guy who took the money is still a douche, but he never would have had the opportunity to demonstrate his douchiness if the waitress had reacted properly.
 
2013-12-22 03:44:43 PM  
"Knight was waiting on both of their tables. She says the crook paid his tab with cash. Otherwise, authorities could track him with his credit card."

Nice job waitress. She couldn't keep her tables straight on who sat where? On the other hand if you have a large amount of money on you you should keep better track of it. Where the fark were you raised, Bedford Falls? Oh sorry, Pottersville.

2.bp.blogspot.com
 
2013-12-22 03:44:49 PM  
PG waitress finds $1,000, gives it back to wrong man

One time that quotation marks wouldn't have been inappropriate -- gives it "back" to wrong man -- and they don't do it.
 
2013-12-22 03:45:59 PM  
Finders keepers, losers weepers.
 
2013-12-22 03:50:14 PM  
It sounds like to me the universe wanted the other man to have the cash.  I mean, would YOU turn away $1,000 just handed to you?
 
2013-12-22 03:51:43 PM  
The guy who actually lost the money does not blame the waitress. He says he'll donate it to the waitress, who is pregnant, if it is returned.
 
2013-12-22 03:52:09 PM  

velvetrevolution00: It sounds like to me the universe wanted the other man to have the cash.  I mean, would YOU turn away $1,000 just handed to you?


Yes. If I knew it was someone else's money it's just as bad as stealing it from their wallet.
 
2013-12-22 03:52:55 PM  

skinink: On the other hand if you have a large amount of money on you you should keep better track of it.


media-cache-ec0.pinimg.com

"Who are you calling a you you?"

;>p
 
2013-12-22 03:58:09 PM  

Russ1642: velvetrevolution00: It sounds like to me the universe wanted the other man to have the cash.  I mean, would YOU turn away $1,000 just handed to you?

Yes. If I knew it was someone else's money it's just as bad as stealing it from their wallet.


It's not as bad as stealing; it IS stealing. The fact that "the man patted his pocket as if he actually lost it" makes this theft by deception.

/IANAL
 
2013-12-22 03:59:23 PM  
How do we know that two guys didn't lose $1000??
 
2013-12-22 04:07:02 PM  
Maybe the guy did have a large amount of money on him so he thought it was his, people do make mistakes from time to time. Maybe the guy has memory issues and just assumed the waitress saw him drop it so figured it must be his. There's easily a dozen different scenarios that could explain why he thought it was his, who knows, but calling the guy a thief is a bit presumptuous.
 
2013-12-22 04:10:18 PM  

Plastic Trash Vortex: It sucks because she meant well, but the waitress is the one who screwed up.


Well, the waitress and the person who lost it in the first place. He could have used one of those $100s to buy a nice wallet instead of just wadding the bills up in his pocket.
 
2013-12-22 04:12:58 PM  

420Gabriel: I can understand how it would be hard to turn it down if someone hands you $1000.


I can't.

/not a douche
 
2013-12-22 04:14:55 PM  

Hilary T. N. Seuss: Russ1642: velvetrevolution00: It sounds like to me the universe wanted the other man to have the cash.  I mean, would YOU turn away $1,000 just handed to you?

Yes. If I knew it was someone else's money it's just as bad as stealing it from their wallet.

It's not as bad as stealing; it IS stealing. The fact that "the man patted his pocket as if he actually lost it" makes this theft by deception.

/IANAL


Incorrect, but nice try.
 
2013-12-22 04:15:14 PM  

Danger Avoid Death: "Who are you calling a you you?"


*applause*

I do love an obscure M*A*S*H reference.  You can tell by rubbing me on your teeth.
 
2013-12-22 04:16:19 PM  

talkertopc: The guy who actually lost the money does not blame the waitress. He says he'll donate it to the waitress, who is pregnant, if it is returned.


Sure he will.
 
2013-12-22 04:16:31 PM  

Ivo Shandor: Plastic Trash Vortex: It sucks because she meant well, but the waitress is the one who screwed up.

Well, the waitress and the person who lost it in the first place. He could have used one of those $100s to buy a nice wallet instead of just wadding the bills up in his pocket.


v004o.popscreen.com

"Whaddya doin'? Whaddya doin'? Wise guy don't carry his money in a wallet. See? Wise guy carries money in a roll. Like this, see? Beaner on the outside."
 
2013-12-22 04:17:51 PM  

Hilary T. N. Seuss: It's not as bad as stealing; it IS stealing. The fact that "the man patted his pocket as if he actually lost it" makes this theft by deception.


Judge Judy: "Sir, did you pat your pocket sir? Sir, SIR! Did you pat your pocket!?"
 
2013-12-22 04:19:48 PM  

Hilary T. N. Seuss: Russ1642: velvetrevolution00: It sounds like to me the universe wanted the other man to have the cash.  I mean, would YOU turn away $1,000 just handed to you?

Yes. If I knew it was someone else's money it's just as bad as stealing it from their wallet.

It's not as bad as stealing; it IS stealing. The fact that "the man patted his pocket as if he actually lost it" makes this theft by deception.

/IANAL


It's not as bad because it's not stealing. That was *after* he had the money. It was clearly a douche canoe thing to do, but it's a good thing you aren't up for the bar anytime soon.
 
2013-12-22 04:26:55 PM  

redmid17: Hilary T. N. Seuss: Russ1642: velvetrevolution00: It sounds like to me the universe wanted the other man to have the cash.  I mean, would YOU turn away $1,000 just handed to you?

Yes. If I knew it was someone else's money it's just as bad as stealing it from their wallet.

It's not as bad as stealing; it IS stealing. The fact that "the man patted his pocket as if he actually lost it" makes this theft by deception.

/IANAL

It's not as bad because it's not stealing. That was *after* he had the money. It was clearly a douche canoe thing to do, but it's a good thing you aren't up for the bar anytime soon.



It IS stealing, specifically theft of lost or mislaid property. I'm not a lawyer either, but I've entered enough warrants for that charge in to the system over the past 14 years to know exactly what the code specifies. And that is it exactly: The money was lost/mislaid, the douche claimed it was his, therefore stealing the lost or mislaid property.

So, remind us what your field of expertise is again?
 
2013-12-22 04:30:02 PM  

rhiannon: Hilary T. N. Seuss: It's not as bad as stealing; it IS stealing. The fact that "the man patted his pocket as if he actually lost it" makes this theft by deception.

Judge Judy: "Sir, did you pat your pocket sir? Sir, SIR! Did you pat your pocket!?"


The guy that got the money paid with cash. For all he knew, maybe that cash really DID fall out of his pocket.

Waitress was a dumbass. Loser is a MEGA dumbass that shouldn't have been carrying a full grand in a wad like that in the first place. IMO, God made sure that money went to someone who would respect it a whole lot more.
 
2013-12-22 04:30:41 PM  

Radak: Danger Avoid Death: "Who are you calling a you you?"

*applause*

I do love an obscure M*A*S*H reference.  You can tell by rubbing me on your teeth.


Are you Radak O'Reilly?
 
2013-12-22 04:31:12 PM  

mc_hfcs: Incorrect, but nice try.


*shrugs* I don't really care.

redmid17: It's not as bad because it's not stealing. That was *after* he had the money. It was clearly a douche canoe thing to do, but it's a good thing you aren't up for the bar anytime soon.


And it's a good thing you aren't up for some sort of reading comprehension type test thingy whatever. FTFA: The man patted his pocket as if he actually lost it, took the money and left.

It seems pretty clear that he did that to mimic, "oh wow it's not here... in my pocket... where it totally belongs."

/whatever, football is on
 
2013-12-22 04:33:09 PM  

ReapTheChaos: but calling the guy a thief is a bit presumptuous.


he kept the money knowing it wasn't his. and knowing that a random waitress wouldn't rush up and gift him with a grand either.
 
2013-12-22 04:40:43 PM  

Curious: ReapTheChaos: but calling the guy a thief is a bit presumptuous.

he kept the money knowing it wasn't his. and knowing that a random waitress wouldn't rush up and gift him with a grand either.


As I mentioned, that guy paid cash too. He really could have thought he lost his money at that table. He had a legit reason to pat his pocket.

And don't think that his defending attorney won't bring that fact up, assuming this guy was ever going to be found and arrested (which I doubt ever will happen).

Welcome to Fark Planet Earth.
 
2013-12-22 04:58:18 PM  

Cthulhain: redmid17: Hilary T. N. Seuss: Russ1642: velvetrevolution00: It sounds like to me the universe wanted the other man to have the cash.  I mean, would YOU turn away $1,000 just handed to you?

Yes. If I knew it was someone else's money it's just as bad as stealing it from their wallet.

It's not as bad as stealing; it IS stealing. The fact that "the man patted his pocket as if he actually lost it" makes this theft by deception.

/IANAL

It's not as bad because it's not stealing. That was *after* he had the money. It was clearly a douche canoe thing to do, but it's a good thing you aren't up for the bar anytime soon.


It IS stealing, specifically theft of lost or mislaid property. I'm not a lawyer either, but I've entered enough warrants for that charge in to the system over the past 14 years to know exactly what the code specifies. And that is it exactly: The money was lost/mislaid, the douche claimed it was his, therefore stealing the lost or mislaid property.

So, remind us what your field of expertise is again?


Check my profile if you really want to know. The money was given to him. He didn't claim it beforehand. It probably depends on the jurisdiction, but in most places that is his money.

Hilary T. N. Seuss: mc_hfcs: Incorrect, but nice try.

*shrugs* I don't really care.

redmid17: It's not as bad because it's not stealing. That was *after* he had the money. It was clearly a douche canoe thing to do, but it's a good thing you aren't up for the bar anytime soon.

And it's a good thing you aren't up for some sort of reading comprehension type test thingy whatever. FTFA: The man patted his pocket as if he actually lost it, took the money and left.

It seems pretty clear that he did that to mimic, "oh wow it's not here... in my pocket... where it totally belongs."

/whatever, football is on


I did read the article. He did do exactly what you said. Florida doesn't have a theft by deception statute. Patting his pocket is douchey and misleading, but he never said anything to incriminate himself.
 
2013-12-22 05:03:12 PM  

TV's Vinnie: As I mentioned, that guy paid cash too. He really could have thought he lost his money at that table. He had a legit reason to pat his pocket.


he could have. and then he got home found a spare grand in his pocket and kept it. there has been enough time for him to have called and said he'd bring it back.

sorry i'm going for douche if not also criminal.
 
2013-12-22 05:15:49 PM  

redmid17: Patting his pocket is douchey and misleading, but he never said anything to incriminate himself.


I'm not sure that TbD refers only to statements, and not also misleading actions, but I won't contest the point.

redmid17: Florida doesn't have a theft by deception statute.


Really? All of those elderly people, just waiting to get deceived out of their life savings. And Florida doesn't have a statute? That state is so weird, it almost deserves its own tag.. oh yeah.

/go Colts!
 
2013-12-22 05:22:59 PM  

Curious: TV's Vinnie: As I mentioned, that guy paid cash too. He really could have thought he lost his money at that table. He had a legit reason to pat his pocket.

he could have. and then he got home found a spare grand in his pocket and kept it. there has been enough time for him to have called and said he'd bring it back.

sorry i'm going for douche if not also criminal.


Douche, yeah. But criminal? Good luck trying to read minds in court.

And I will ask once again, who goes around with a grand in cash loose in their pocket just waiting to tumble out? If I had that much on me at one time, it would be for me to head to the bank asap to deposit it.

Dumbass deserved to lose his grand. I'm sure Fatty will make better use if it. Merry Christmas!
 
2013-12-22 05:29:02 PM  
Cthulhain:

It IS stealing, specifically theft of lost or mislaid property. I'm not a lawyer either, but I've entered enough warrants for that charge in to the system over the past 14 years to know exactly what the code specifies. And that is it exactly: The money was lost/mislaid, the douche claimed it was his, therefore stealing the lost or mislaid property.

So, remind us what your field of expertise is again?


Your field of expertise is mis-reading and applying statutes/'codes' incorrectly?
 
2013-12-22 05:54:30 PM  
I "lost" $200 in slot machines this weekend. I wish someone would bring it back to me. :)
 
2013-12-22 06:07:05 PM  

MNguy: Cthulhain:

It IS stealing, specifically theft of lost or mislaid property. I'm not a lawyer either, but I've entered enough warrants for that charge in to the system over the past 14 years to know exactly what the code specifies. And that is it exactly: The money was lost/mislaid, the douche claimed it was his, therefore stealing the lost or mislaid property.

So, remind us what your field of expertise is again?

Your field of expertise is mis-reading and applying statutes/'codes' incorrectly?


In other words, a public defender.
 
2013-12-22 06:09:21 PM  

TV's Vinnie: And I will ask once again, who goes around with a grand in cash loose in their pocket just waiting to tumble out?


i sure wouldn't because i couldn't afford to lose it. otoh if i was on my way to shop and my drug lord boss just gave me a year end bonus, maybe.

look this guy seems to be able to afford to lose it. and maybe he came up hard and having a grand in his pocket reminds him of how well he has done. or he is a raging prick and loves to have some flash and it was all ones with a hundred on the outside. so all he is out is $109. in any case it doesn't matter, the guy lost the money and the end person kept it under false pretenses. thus douche. i'll forgo criminal of it make you happy.
 
2013-12-22 06:31:29 PM  
I think if Mr. pocket patter was honest, he'd come back to the restaurant and give the money back when he realized it was more than he had, even if he took the money w/o counting it because he thought he may have left it. But since he didn't, I think it's pretty safe to call him a thief.
 
2013-12-22 06:34:59 PM  
Guy brought the money back, explained himself and gave her $100. Read the follow up article
 
2013-12-22 06:37:19 PM  
Well, maybe the waitress was a lesbian....
 
2013-12-22 06:42:34 PM  

bugcrusher: Guy brought the money back, explained himself and gave her $100. Read the follow up article


If that $1100 falls out of her purse and becomes lost, I'm gonna ROFL.
 
2013-12-22 07:17:51 PM  
I just saw this on the news. I'd cut the guy a break. It looks like the waitress hands him a folded up wad of bills saying 'you dropped this' and the guy barely even looks at it and doesn't counts it.

He also returned the cash a bit latter.
 
2013-12-22 08:12:57 PM  
Lighten up subby, I am going to donate some of the money to the Wounded Warrior Project...
 
2013-12-22 08:41:25 PM  

Hilary T. N. Seuss: redmid17: Patting his pocket is douchey and misleading, but he never said anything to incriminate himself.

I'm not sure that TbD refers only to statements, and not also misleading actions, but I won't contest the point.

redmid17: Florida doesn't have a theft by deception statute.

Really? All of those elderly people, just waiting to get deceived out of their life savings. And Florida doesn't have a statute? That state is so weird, it almost deserves its own tag.. oh yeah.

/go Colts!


Yeah they have a general theft statute, but not a theft by deception. Kinda blew my mind too
 
2013-12-22 08:42:56 PM  

redmid17: Florida doesn't have a theft by deception statute.


Yeah, it does.  Florida Statutes 812.014:

(1)A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a)Deprive the other person of a right to the property or a benefit from the property.
(b)Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.


"Obtains or uses" is defined in F.S. 812.012(1):

"Obtains or uses" means any manner of:
(a)Taking or exercising control over property.
(b)Making any unauthorized use, disposition, or transfer of property.
(c)Obtaining property by fraud, willful misrepresentation of a future act, or false promise.
(d)1.Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or
2.Other conduct similar in nature.
 
2013-12-22 08:56:48 PM  

cgremlin: redmid17: Florida doesn't have a theft by deception statute.

Yeah, it does.  Florida Statutes 812.014:

(1)A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently:
(a)Deprive the other person of a right to the property or a benefit from the property.
(b)Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.

"Obtains or uses" is defined in F.S. 812.012(1):

"Obtains or uses" means any manner of:
(a)Taking or exercising control over property.
(b)Making any unauthorized use, disposition, or transfer of property.
(c)Obtaining property by fraud, willful misrepresentation of a future act, or false promise.
(d)1.Conduct previously known as stealing; larceny; purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or obtaining money or property by false pretenses, fraud, or deception; or
2.Other conduct similar in nature.


Yes that is a theft statute. Not a theft by deception statute. Many states have a separate statute for like.
 
2013-12-22 09:13:33 PM  

redmid17: Yes that is a theft statute. Not a theft by deception statute.


A separate statute isn't needed because "theft by deception" is included under the general statute via the definition of "obtains or uses".  The point remains that theft by deception qualifies as a felony in the state of Florida.
 
2013-12-22 09:20:19 PM  

Curious: ReapTheChaos: but calling the guy a thief is a bit presumptuous.

he kept the money knowing it wasn't his. and knowing that a random waitress wouldn't rush up and gift him with a grand either.


I like the way you only quote the last part of my post and reply as if you never even read the rest of it.
 
2013-12-22 10:08:22 PM  
What? Are you just making shiat up?

The list of "strict policies" most restaurants have amounts to: don't show up late, don't steal, don't be drunk, and don't dress inappropriately.

And how is luring a waitress out to the street any easier than just mugging a random person? Especially since numerous people saw your face and the restaurant might have cameras. And 90% of people pay with credit cards these days. When I was a waiter, even if I had $2000 in sales, I rarely had more than about $200 in cash.
 
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