Crime & iPunishment
February 8, 2011 3:52 PM Subscribe
My iPhone was stolen while I was on vacation. But then the police and I began tracking it with the phone's GPS.
Right after I discovered the theft, I immediately began calling my phone, but the thief kept hanging up and ignored the "Please call (my husband's cell number) to return my phone" messages I sent.
I filed a report with the local police, and began tracking my phone with Find My iPhone. I gave the GPS coordinates and the address to the police, who discovered the address was the home of an employee of the resort at which we were staying. After the police showed up, the employee turned the phone in to the security office at the resort.
The employee erased all my data--work email, notes, pictures of our family on our vacation--and he put his own SIM card in the phone so he could make calls. He also removed the case and banged up my phone, and I'll need to replace it.
The employee is a kid here (in the USA) on a work visa and he's probably going to be fired, although I don't know how much the latter affects the former.
Initially, I was willing to let the whole thing go as long as I got my phone back, since losing his job and maybe his work visa is probably punishment enough, but now my phone is dead and I'm going to need to replace it. I have two questions:
1: Should I press charges? He stole, erased, and fucked up my phone, causing me a good deal of aggravation and the cost of replacement, and he only turned it in when he realized we were onto him.
2: If I drop the charges, will the resort firing him for theft (which, the security officer says, is almost certain) affect his work visa? How seriously does ICE/DHS view matters such as this?
Right after I discovered the theft, I immediately began calling my phone, but the thief kept hanging up and ignored the "Please call (my husband's cell number) to return my phone" messages I sent.
I filed a report with the local police, and began tracking my phone with Find My iPhone. I gave the GPS coordinates and the address to the police, who discovered the address was the home of an employee of the resort at which we were staying. After the police showed up, the employee turned the phone in to the security office at the resort.
The employee erased all my data--work email, notes, pictures of our family on our vacation--and he put his own SIM card in the phone so he could make calls. He also removed the case and banged up my phone, and I'll need to replace it.
The employee is a kid here (in the USA) on a work visa and he's probably going to be fired, although I don't know how much the latter affects the former.
Initially, I was willing to let the whole thing go as long as I got my phone back, since losing his job and maybe his work visa is probably punishment enough, but now my phone is dead and I'm going to need to replace it. I have two questions:
1: Should I press charges? He stole, erased, and fucked up my phone, causing me a good deal of aggravation and the cost of replacement, and he only turned it in when he realized we were onto him.
2: If I drop the charges, will the resort firing him for theft (which, the security officer says, is almost certain) affect his work visa? How seriously does ICE/DHS view matters such as this?
Personal opinion only, but I say yes, press charges. I made some mistakes as a kid and was made to pay for them. I learned my lesson the hard way and it made me a better man for it, even though at the time I would have preferred the easy option.
posted by dougrayrankin at 4:02 PM on February 8, 2011 [6 favorites]
posted by dougrayrankin at 4:02 PM on February 8, 2011 [6 favorites]
God yes, press charges. I know dozens of kids who couldn't get temporary work visas for summer jobs in the USA, despite being intelligent, hardworking and honest.
Aside from being a criminal, this kid makes all 'foreigners' look bad. He'll be fired and will have to leave - that's as it should be.
posted by Dee Xtrovert at 4:06 PM on February 8, 2011 [14 favorites]
Aside from being a criminal, this kid makes all 'foreigners' look bad. He'll be fired and will have to leave - that's as it should be.
posted by Dee Xtrovert at 4:06 PM on February 8, 2011 [14 favorites]
Do you have homeowner's insurance or some kind of insurance on your credit card that might cover the replacement?
Just a thought.
Also, was the phone stolen from your room, or did you leave it unattended in public for a few moments and that's when the theft occurred?
If the phone was stolen from your room (or pick pocketed from your hand bag, etc.) I would respectfully approach the resort about replacement. Probably won't work, but you never know...
Good luck!
(Also - is it an iphone 4? Because the regular 3G is going for $49 at the Apple Store as long as you re-up for another 2 years with AT&T.)
posted by jbenben at 4:11 PM on February 8, 2011
Just a thought.
Also, was the phone stolen from your room, or did you leave it unattended in public for a few moments and that's when the theft occurred?
If the phone was stolen from your room (or pick pocketed from your hand bag, etc.) I would respectfully approach the resort about replacement. Probably won't work, but you never know...
Good luck!
(Also - is it an iphone 4? Because the regular 3G is going for $49 at the Apple Store as long as you re-up for another 2 years with AT&T.)
posted by jbenben at 4:11 PM on February 8, 2011
1) Yes.
2) That's not your problem.
He should live with the consequences of his actions. This isn't a case of him being stuck by a bad law. This is a case where he should have done the right thing and turned the phone in to security in the first place. Especially if we're talking about stolen items that can be tracked with GPS (?!), for crying out loud.
posted by NoRelationToLea at 4:16 PM on February 8, 2011 [2 favorites]
2) That's not your problem.
He should live with the consequences of his actions. This isn't a case of him being stuck by a bad law. This is a case where he should have done the right thing and turned the phone in to security in the first place. Especially if we're talking about stolen items that can be tracked with GPS (?!), for crying out loud.
posted by NoRelationToLea at 4:16 PM on February 8, 2011 [2 favorites]
Press whatever charges you can and do everything possible to make sure they boot him back to where he came from.
posted by blaneyphoto at 4:19 PM on February 8, 2011
posted by blaneyphoto at 4:19 PM on February 8, 2011
The employee erased all my data--work email, notes, pictures of our family on our vacation--and he put his own SIM card in the phone so he could make calls. He also removed the case and banged up my phone, and I'll need to replace it.
Christ, what an asshole.
1. Yes.
2. His visa becomes utterly worthless without anyone backing him. ICE should send him packing.
posted by Mister Fabulous at 4:35 PM on February 8, 2011 [3 favorites]
Christ, what an asshole.
1. Yes.
2. His visa becomes utterly worthless without anyone backing him. ICE should send him packing.
posted by Mister Fabulous at 4:35 PM on February 8, 2011 [3 favorites]
You're more likely to get money for a new phone from the resort. If a guest had taken it, no -- but it was their employee, and they may want to keep your good will.
posted by wryly at 5:17 PM on February 8, 2011 [4 favorites]
posted by wryly at 5:17 PM on February 8, 2011 [4 favorites]
I should add that many of these programs are endangered, and some screwball wasting his chance now means that many other kids may never get this opportunity - especially if it's shown that he could act with impunity. These programs not only allow younger people a great time, with loads of stories, but opportunities to interact with other cultures, learn the better parts of the free enterprise system, customer service (non-existent in many of the countries where these participants come from, believe me) and simply a different way of doing things.
I'm a big supporter of cross-cultural experience, and this dumb-ass has done a part to ruin that for others, and he doesn't deserve mercy.
posted by Dee Xtrovert at 7:50 PM on February 8, 2011 [2 favorites]
I'm a big supporter of cross-cultural experience, and this dumb-ass has done a part to ruin that for others, and he doesn't deserve mercy.
posted by Dee Xtrovert at 7:50 PM on February 8, 2011 [2 favorites]
Did he take the phone from your room or did he find it in a public area and then steal it? The difference might factor in your decision. If the latter, and he's very young, you might consider whether you did anything as bone-headed in your youth and how punishment or leniency affected you.
posted by Mertonian at 9:37 PM on February 8, 2011
posted by Mertonian at 9:37 PM on February 8, 2011
Yeah seconding wryly. It's a gross violation of the standard of service. Given that it is one of their employees you may be able to work out compensation through them.
Also - re: learning his lesson. It's quite possible that he's stolen before, and not gotten caught, or been caught and been left of with a slap on the wrist. Often it's worse for them in the long run for minor offences, especially with younger people. Keep getting away with it, why not keep doing it.
I was ripped off by someone on an online auction. They weren't very smart about it - all banks in my country require photo ID when opening an account, so given that I had his bank account finding out his name wasn't exactly difficult. Turned out to be a young kid well known to the police. I got reimbursed, and an apology from his step-mother, but from the kids perspective he more or less got away with it. I'm not a vindictive person by any means, but I'm a realist. He was well known to the police and his long term prospects weren't good, but they were trying to go easy on him. Spare the rod, spoil the child? In any case this wasn't a crime of passion or desperation it was pure greed.
posted by Dillonlikescookies at 11:21 PM on February 8, 2011
Also - re: learning his lesson. It's quite possible that he's stolen before, and not gotten caught, or been caught and been left of with a slap on the wrist. Often it's worse for them in the long run for minor offences, especially with younger people. Keep getting away with it, why not keep doing it.
I was ripped off by someone on an online auction. They weren't very smart about it - all banks in my country require photo ID when opening an account, so given that I had his bank account finding out his name wasn't exactly difficult. Turned out to be a young kid well known to the police. I got reimbursed, and an apology from his step-mother, but from the kids perspective he more or less got away with it. I'm not a vindictive person by any means, but I'm a realist. He was well known to the police and his long term prospects weren't good, but they were trying to go easy on him. Spare the rod, spoil the child? In any case this wasn't a crime of passion or desperation it was pure greed.
posted by Dillonlikescookies at 11:21 PM on February 8, 2011
1. Only you can decide. A conviction is not a slam-dunk, but on the other hand a public defender is not likely to fight the case very aggressively. A plea bargain would be a likely outcome.
2. Such transgressions are viewed very seriously and could theoretically affect the person's future indefinitely. Theft of your phone would in most states be a felony, and deleting your data etc. could be too. DHS would probably class this as a 'crime of moral turpitude' which makes the person permanently inadmissible to the US unless he applies for an (expensive) waiver, the grant of which is uncertain at best. If it is plead down to a misdemeanor (carrying a sentence of less than 1 year) then it won't affect him.
I am not a lawyer and this is not legal advice. But I do happen to be particularly interested in immigration law.
posted by anigbrowl at 5:52 PM on February 9, 2011
2. Such transgressions are viewed very seriously and could theoretically affect the person's future indefinitely. Theft of your phone would in most states be a felony, and deleting your data etc. could be too. DHS would probably class this as a 'crime of moral turpitude' which makes the person permanently inadmissible to the US unless he applies for an (expensive) waiver, the grant of which is uncertain at best. If it is plead down to a misdemeanor (carrying a sentence of less than 1 year) then it won't affect him.
I am not a lawyer and this is not legal advice. But I do happen to be particularly interested in immigration law.
posted by anigbrowl at 5:52 PM on February 9, 2011
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The resort can do as they please.
I would think ICE would be very interested in this incident.
IMHO & IANAL or LEO
posted by patnok at 4:00 PM on February 8, 2011