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Tourist jailed for forgetting wallet

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    Diner arrested on theft of services charges

  • Duration 5:41
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-- escorted back in session on the docket today forget your wallet while dining out you could get thrown in jail.

It just happened at some -- -- no less.

The manager at a posh New York City steak house calling police.

After an Italian tourists who -- there all the time apparently when he's in New York.

Realize that he did not have -- wallet when the check came and he could not pay the 208 dollars he owed.

He offered to leave his -- -- as collateral.

-- he group went to return with the cash but they said no and they called the police.

He was arrested.

On theft of services charges.

And forced to spend the second -- of his vacation.

Behind bars and the third pick two -- told -- now John -- -- -- former prosecutor now defense attorney mark I'd large saying pedigree.

Wow.

Haven't had is the nightmare haven't had his nightmare for whatever reason you get there you millionaire it.

I forget it I can't -- and then my -- is a mess which adding my sister will attest it.

But you never think you think.

I'll say here's my name here's my Social Security numbers all the stuff and I'll be right back with a payment which is basically tried to do don't.

And yet -- right golden biggest -- -- -- did you help.

Unbelievable.

An extraordinary miscarriage of justice -- whatever happened to simply washing dishes you know.

The good old days why -- you know they stripped the other foot -- -- -- Brides but here's the deal -- 65 point 15 is the statute it requires intent.

It requires intent to defraud he did not want to avoid payment.

He wanted to pay.

And the reason why there's the intent requirement is good stuff.

Happen.

If pickpocket hitters in New York there's fraud -- to use your credit card without your permission and it puts a freeze on it.

Or there's wives who pay Kellan our baby sitter and doesn't even leave a note after she takes all the money in my wallet it could happen.

-- -- -- here in New York you're New Yorkers you know one of the famous crimes infamous crimes as they can tell you ladies you never put your purse on the back of your chair right you can in most normal places in America.

Because that's the thieves just -- advice was yet to put on your knees underneath the table which is so uncomfortable and really awkward to address.

But in any event because they -- oppressive heat mark raises a good point things -- -- illusion while you lose your purse.

I've never heard of somebody being taken did you -- for this for something like this -- I'm gonna lose this argument but let me start he had.

They'll call are looking for you go though did -- I'll gladly pay you Tuesday -- -- hamburger today.

Doesn't why when Doug -- cost 200 at eight.

Dollars.

And that's it this happened -- -- and -- -- anyplace ten times a week ten times a month.

This could add up this agency never going to forget his wallet again.

And I think that there's not that restaurants not in the business of doing background checks that I could spell -- iPhone up with some little old lady before he got where it explain what that is tonight -- -- but yet on exactly I'll -- I'm -- so anyway so it is pigeons -- but had.

Don't help my argument.

I'm gonna I'm gonna be my iPhone as collateral and don't run to my friend's apartment get my wallet and come back and the rest -- obviously who who would that argument understand why we don't know it's it's -- on how valuable it.

Supplement -- mind that I got making Kelly's phone number.

They can tell you own an immigrant so who cares about his cellphone.

Yeah -- at least 200 dollars though is -- market now exactly he said you can send a bus -- with me if you think I'm not gonna return.

Send a -- with me to my apartment and I hotel I'll get it and we can come back and they said.

Look we're not that we're not in the business of you know.

Doing that so now.

Yep -- horrible from a PR standpoint many people say they're never gonna go to the restaurant but also.

-- the police I know they're not in the business of being escorts but think how much time energy and money.

We're gonna spend now to process and in jail for several days.

For him then to fight this in the legal system that ultimately gets dismissed all the hundreds of dollars are thousands I don't know that they're gonna waste.

All they had to do is be -- It already did that -- -- dismiss it the next morning I'll assume you get into -- -- they dismissed of course because that you know somebody used reason.

But I'll I'll ask you this I don't all of this is a nightmare for Smith influenced -- John because.

Now they've had.

Their name Smith and we'll let you said that repeatedly.

On this broadcast which is you know no such thing is in a bad PR way and it now boy people really know they better bring their money if they wanna -- there.

Yet they and they and they better and that's the message that's been -- -- this high end restaurant.

And you know obviously people aren't accustomed to dining -- dashing and high end restaurants and you know and they sent a message to this.

I love country get a lot of parent -- Contra where they sit in the dining in -- -- business is huge right now mark huge I guess given the economy.

And I will concede that that it's an issue and they have to do look out for those types of folks.

Actually that's not to have -- and when you -- charged.

Fifty dollars on average for a piece of me.

Thirteen 51 side of Mac and cheese fourteen dollars for asparagus -- -- that add up.

And some people make ball short a few bucks basically stripped of the liberty and taught a lesson.

I don't think.

I think he should it you know each and offered you'd like dancing GA thank you could -- QA if they didn't want it didn't -- you know like that at that stated that this.

Resonating on the -- -- this thing I'm not saying that well I saw no let me follow up.

Yeah it's like I think you by the -- how did.

But how -- got to get to number I want to know.

-- -- I think I got Jennifer I think the important thing that's what you don't have time.

Coming up and.

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