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Crime Government

Unreturned VHS Tape 21 Years Ago Leads to Surprise 'Felony Embezzlement' Charge (yahoo.com) 193

"An Oklahoma woman was recently informed that she was charged with felony embezzlement of rented property for not returning a VHS tape over 20 years ago," reports Business Insider: Caron McBride reportedly rented the "Sabrina The Teenage Witch" tape at a now closed store in Norman, Oklahoma in 1999, according to KOKH-TV. She was charged a year later, in March 2000, after it was not returned, KOKH-TV reported citing documents. McBride was notified about the charge by the Cleveland County District Attorney's Office when she was attempting to change the name of her license after she got married, the news station reported...

"I had lived with a young man, this was over 20 years ago. He had two kids, daughters that were 8, 10, or 11 years old, and I'm thinking he went and got it and didn't take it back or something. I have never watched that show in my entire life, just not my cup of tea. Meanwhile, I'm a wanted felon for a VHS tape," McBride told the news station.

"Documents show the movie was rented at movie place in Norman, Oklahoma, which closed in 2008..." reports one local news station: McBride said over the last 20 years, she's been let go from several jobs without being given a reason why, and said it now all makes sense. "This is why. Because when they ran my criminal background check, all they're seeing is those two words: felony embezzlement," McBride said.
"The DA's office says the charge was filed under a previous district attorney," reports a local Oklahoma station, "and after reviewing the case, they thought it was fit to dismiss it."

But McBride still has to get an attorney to expunge the incident from her record.
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Unreturned VHS Tape 21 Years Ago Leads to Surprise 'Felony Embezzlement' Charge

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  • by Dirk Becher ( 1061828 ) on Saturday April 24, 2021 @03:41PM (#61309612)

    Carl Barks writing stories about a billionaire duck going broke because he allegedly didn't fulfill some decades (or centuries) old marginal transactional agreement. Now I know.

    • by klipclop ( 6724090 ) on Saturday April 24, 2021 @05:10PM (#61309914)
      This is the kind of article I read and think she has the right to sue the city/police pension for 20years worth of damages . It blows my mind that some brain dead bureaucrat actually filed these charges. (or that there are even laws like this on the books)
      • by MrNaz ( 730548 ) on Saturday April 24, 2021 @07:43PM (#61310282) Homepage

        The US justice system is messed up. This story isn't even bad in the context of the repulsive shit that goes on.

  • by nashv ( 1479253 ) on Saturday April 24, 2021 @03:45PM (#61309624) Homepage

    This is why background checks are an infringement of privacy, and why individual privacy protection is important.

    Being let go from jobs, this person's entire course of life has been affected by a rental VHS tape.

    • by gosso920 ( 6330142 ) on Saturday April 24, 2021 @03:48PM (#61309634)
      Be kind - rewind, if you can't do the time.
    • by PsychoSlashDot ( 207849 ) on Saturday April 24, 2021 @03:55PM (#61309662)

      This is why background checks are an infringement of privacy, and why individual privacy protection is important.

      Being let go from jobs, this person's entire course of life has been affected by a rental VHS tape.

      Where I live (Canada), as far as I know the procedure works like this: an employer asks an employee for a police record search. The employee requests one from the police and provides a copy to the employer.

      I get to know when the request is made. I get to know what the results are.

      I my case, I've got customers in vulnerable sectors, and some government organizations. I can totally understand a daycare (to make up an example) wanting their IT guys cleared. So I comply. But I would know right away if there had been any kind of a mistake or misunderstanding, were the clearance to come back other than clean.

      • by thegarbz ( 1787294 ) on Saturday April 24, 2021 @05:50PM (#61310026)

        In some even saner countries the only thing you can request is a certificate that you have or haven't been convicted of a crime relating to a specific job that you're applying for. While I haven't been through this because I believe it is very rarely done, as far as I know the process in the Netherlands would be:
        1. Employer fills out details of the application, why they want to know the information and the duties the employee will perform.
        2. Employee submits this to the government.
        3. Government checks if the criminal record is or isn't relevant to the person requesting the information. E.g. If applying as a professional taxi driver and I have multiple convictions for drunk driving then this will be noted. If I am applying for a job at an accounting firm and I have multiple convictions for drunk driving it is very likely to be omitted.
        4. The employee receives their certificate of conduct and can choose whether to give it to the employer.

        • Here in Switzerland I know of a friend, Dutch actually, who wanted to buy a rifle and for that he needed a background check, which he requested from the police. It took quite some time with him being a foreigner, they obviously needed to contact the Dutch police or whatever, but then he took the resulting paper and got to buy that rifle he wanted. Had it not been clean, he'd just not have come back to that shop.
      • Where I live (Canada), as far as I know the procedure works like this: an employer asks an employee for a police record search. The employee requests one from the police and provides a copy to the employer.

        Where I am, it's slightly different, but the important part is the same. The employee signs a consent form for the employer to (hire a company to) perform a background check, and you get a copy of the report that's sent back to the employer.

        It's Oklahoma, so I guess I shouldn't be all that surprised, but I would hope that in most places, if you're denied a job because of a background check, that has to be disclosed to you. Otherwise, you get situations like this, where someone doesn't even know they were

      • by tragedy ( 27079 )

        Yeah, the way this whole thing works is terrible. If someone fails a criminal background check because there is a warrant out for them for a felony, any employer running such a check should wonder why they don't immediately get a call from the police to find out what time the suspect arrives for work so that they can arrest them. If someone has an arrest warrant and has not yet been arrested, it should presumably be because the police can not find them. If they have a job with scheduled hours, that's obviou

      • Yeah, but there is still the issue of reciprocation.

        Imagine asking the employer for records concerning any judgements made against them, times they've gone to arbitration, etc.. See how well that flies.

        This notion that employers are entitled to a fishing expedition as a condition of employment is far too lax with far too few safeguards.

        Nevermind the companies that report these things. They should be culpable for whatever they report, given the lax security protocals many have, due diligence isn't exactly th

      • by tlhIngan ( 30335 )

        Where I live (Canada), as far as I know the procedure works like this: an employer asks an employee for a police record search. The employee requests one from the police and provides a copy to the employer.

        I get to know when the request is made. I get to know what the results are.

        I my case, I've got customers in vulnerable sectors, and some government organizations. I can totally understand a daycare (to make up an example) wanting their IT guys cleared. So I comply. But I would know right away if there had

    • by Firethorn ( 177587 ) on Saturday April 24, 2021 @04:21PM (#61309756) Homepage Journal

      Personally, I'd want to put the same rules as they have in place for credit checks in for background checks.

      Especially if you are denied something because of the results of the check, you should have the right to review what the background check has in it for legitimacy, and to appeal any false information.

      Because I've read of shit not only like this, where a mere charge that is still open shows up on it, but I've also heard of background checks that get somebody confused with other people - I mean, I've seen it on my credit reports just for previous addresses - they had some truly wonky addresses in my credit reports, that look like they scanned in a text document and got the lines messed up. So they'd have an address that consisted of bits and pieces of 3 different addresses I've been at (military, so deployment locations ended up as addresses, and those need to be addressed in specific special ways). Thing is, the addresses weren't even consequitive. They'd have two addresses 10 years apart smashed together. Oh, and at some point they thought my dad's name was an alias of mine(no, they aren't the same other than the last name, and I haven't used his name).

      But it can be so much worse for background checks. I've read stories(I worked computer security) where the background check got somebody confused with a murderer serving life in prison. But unlike credit checks, it's often actually against the terms of the background check to disclose anything to the person you're investigating, so they have no clue why everybody is declining to hire them until somebody violates the terms and lets them know.

      • by thegarbz ( 1787294 ) on Saturday April 24, 2021 @05:54PM (#61310038)

        Especially if you are denied something because of the results of the check, you should have the right to review what the background check has in it for legitimacy, and to appeal any false information.

        This! Don't underestimate how stupid some records are. I was initially denied a home loan because I had an unpaid phone bill from 3 years earlier. The unpaid bill was for a sum of $0.00 from the "first month free" plan on my mobile phone.

        Transparency is essential because data entry errors and poorly programmed computers are unfortunately a thing.

        Where I live it's up to you to get the background check and pass it on to the employer. The employer can then verify it afterwards with the government. Also the background check only shows up relevant information. I.e. if I'm applying for a job as a taxi driver it may show that I have been convicted for drunk driving, but it won't show if I've been convicted for wire fraud. Quite the opposite if I apply for an accounting job.

      • How can it be against the law to have the person concerned informed about what the system holds against them? The mind boggles...
  • by phalse phace ( 454635 ) on Saturday April 24, 2021 @03:49PM (#61309638)

    Don't movie rental places keep on file a credit card or something in case a rental doesn't get returned? The business then just charges the card and the renter gets to keep the movie.

    At least that's how it was at an independently operated rental place I used over 2 decades ago. And I believe Blockbuster and Netflix did the same too.

    • by phalse phace ( 454635 ) on Saturday April 24, 2021 @03:52PM (#61309654)

      I see that Redbox does the same [redbox.com] as well.

      5. If you keep an item through the maximum rental period, that item is yours to keep and Redbox will charge you the maximum charge for that item. The maximum charge varies depending on the type of item you are renting and the daily rental charge(s) for the item. For example, if a DVD’s daily rental charge is $1.75 and its maximum charge is $29.75, then the maximum rental period for that DVD (before you own it and owe $25.50, plus tax (except for jurisdictions that do not require sales tax to be charged or collected)) is 17 days.

    • by OrangeTide ( 124937 ) on Saturday April 24, 2021 @03:54PM (#61309658) Homepage Journal

      Also how is a customer not returning a product worth under $100 a felony or embezzlement.
      My guess is legislators trying to be "tough on crime" have turned civil matters into criminal matters. I'm sure private prison owners are thrilled.

      • by cirby ( 2599 )

        Probably late fees.

        A lot of video rental stores would tack on a day of rental for each day it was late.

        Over the course of a year, the "$100 tape" would be a $1000++ investment.

      • They try and claim lost profits on the property. So years of $3 rentals adds up.

        • They try and claim lost profits on the property. So years of $3 rentals adds up.

          Then it's too bad it wasn't something like Ishtar [wikipedia.org] she rented and didn't return; they would have owed her money ... :-)

        • if someone steals a store's cash register, you don't run the store for 20 years then sue for all the money you never were able to make. you replace it in a reasonable amount of time and add the cost of replacing lost equipment and merchandise to the damages suffered.

      • by sjames ( 1099 ) on Saturday April 24, 2021 @04:14PM (#61309736) Homepage Journal

        This. Even if she absolutely knowingly did this there would be no way for a VHS tape of Sabrina to be valued at over $1000. The DA that actually filed those charges should be punished for that. If he's already deceased, dig him up and chuck the skeleton in a cell just to make the point.

        As you pointy out, in a sane world, this would be a civil matter that should have been handled in small claims.

        With nutty things like this happening, it's no wonder people lose confidence in the justice system. The fact that after this disgusting behavior, the state demands that the woman retain a lawyer and sue to make them do the obviously right thing is just the cherry on top. Let me guess, the state will claim some sort of immunity so it doesn't have to pay her entirely unnecessary legal costs to get the record expunged.

        • by jwhyche ( 6192 ) on Saturday April 24, 2021 @04:49PM (#61309866) Homepage

          This. Even if she absolutely knowingly did this there would be no way for a VHS tape of Sabrina to be valued at over $1000. The DA that actually filed those charges should be punished for that. If he's already deceased, dig him up and chuck the skeleton in a cell just to make the point.

          Shit like this is one of the reasons I think there should be some consequences when someone is charged with a crime and later found innocent. This should apply even to a DA. If a DA charges someone with a crime that would send them to prison for a few years, then they are found innocent beyond all reasonable doubt, then maybe that DA needs to spend a few years in prison .

          Just in some cases, where the DA files charges on behalf of someone then the DA would be held accountable. For example is someone accuses someone of rape and is going to send them to prison for 20 year. That person is found innocent of the charges then that person that accused him of rape gets to spend the next 20 years sitting in a jail cell.

          I am probably being extreme, granted. But there should be some consequences for people actions.

          • by sjames ( 1099 )

            In many cases, that would be extreme, but it could be justified in cases where the charges were grossly inappropriate for what was alleged to have happened (such as the case in TFA) or when the DA should have known the defendant would be found innocent. Especially for cases where the DA has demonstrated serious misconduct, such as Mike Nifong [wikipedia.org]. Nifong should have served a lot more than 1 day in jail.

            • by jwhyche ( 6192 )

              I realize it would a little extreme. I assume that some common sense would be employed but that might be asking to much.

        • Up-voting via post because I don't have mod points.

        • The fact that after this disgusting behavior, the state demands that the woman retain a lawyer and sue to make them do the obviously right thing is just the cherry on top. Let me guess, the state will claim some sort of immunity so it doesn't have to pay her entirely unnecessary legal costs to get the record expunged.

          For as awful as this is you should keep in mind that this is like this to prevent abuse. Requiring a judges order to make these changes prevents that rich guy from paying some clerk $50K to re

          • by sjames ( 1099 )

            So why shouldn't the DA's office petition a judge to expunge the record given that it was the DA's office that screwed up by creating it?

        • If $100 was the cutoff line, she could be in trouble. A dear one failed to return a tape for a long time, and the replacement charge was $148. The rental places were scams.

      • The price of those rental tapes was above $100 (IIRC, several hundred), due to the license fee demanded by the movie company.

      • Rental videotapes typically cost about $150. That was the compromise reached with Hollywood when videotape rentals first began. The rental places wanted to lend out regular videotapes like a library. Hollywood wanted to prohibit rentals altogether. And the compromise they reached was that rental stores would pay Hollywood substantially more for their tapes to reflect the fact that it would be viewed by a lot more people than a personal videotape sold to an individual.

        Still stupid to elevate this to a fel
    • Keep in mind how long ago the charge is from; fewer people back then had credit cards, so a lot of businesses wouldn't actually have that. They often kept a deposit instead.

      That said, either there is a lot more to the story, or things really failed with it going to criminal charges. Normally the business would attempt notification about that sort of stuff, but for a place slowly going out of business, I could see them both failing to do due diligence as well as desperate reaching for straws like notifying

      • 21 years ago was 2000, when quickly looking for information about credit card ownership in that time period i found a federal reserve report that said in 1998 73% of households had at least one credit card and 68% had a bank card , it would only have gone up in the 2 years. So it would be reasonable to assume that it was not uncommon practice then.

        • by dryeo ( 100693 )

          I never had a credit card back when I used to regularly rent movies from a couple of places. Never did a deposit either that I remember. This is in Canada so maybe businesses were more trusting.

  • no court but an your an felon with out an trial.

    • She wouldn't be a felon, there was never a trial it doesn't sound like. While there could have been a trial in absentia, that doesn't seem to be the case here. So there were felony charges, but never a conviction. Which makes me wonder if it would have shown up on a background check, or if she got dismissed for something else? I honestly don't know if charges without a conviction show up, or if they would appear any different if they did.
      • If you watch the video, the current DA (they're quick to mention the previous one filed the charges) explains she has to get a lawyer and sue the state of Oklahoma to get the charge dropped from her record. So you're correct, she's not a felon, but she does have that felony charge on her record.

        A charge of "felony embezzlement" is pretty much poison to an employer as well. Would any employer know the difference? They'd naturally think she had tried to embezzle money from a previous employer. They'd cert

        • by dryeo ( 100693 )

          Arrest records shouldn't show up on criminal background checks either, innocent until found guilty with lots of cases of mistaken arrests, often through honest mistakes. Even if you go to trial and are acquitted, it shouldn't show up.
          Here in Canada, for many crimes it is easy to get a pardon, keep your nose clean for 5-10 years depending on the crime, pay a few hundred dollars and get pardoned. At this point it is actually illegal to discriminate based on the old record. This is so people can continue life

          • If you think the words written on paper have nearly anything to do with the reality of enforcement in the US, you would be sadly mistaken.

            We are the champions of ignoring our own laws, deliberately misinterpreting them, claiming they mean the exact opposite, and definitely also of justice by social class/physical sexual appearance/physical racial appearance.

            There's nothing here that respects the rule of law. This is the rule by beating people over the head with laws capriciously.

            • by dryeo ( 100693 )

              Oh, I'm aware of how things are down there, sometimes I get kind of pissed at those who think it is perfect, so I reference the actual law.

    • I think the critical part here was that they waited until she was attempting to change her name to notify her, but it doesn't note WHEN she was notified.

      As far as I'm concerned, if they can't bother to actually serve the warrant or even notify somebody that there are charges against them within a reasonable timeframe, the charges should automatically be dropped. Consider here, where she supposedly lost several jobs without knowing why.

      I mean, a murder charge hanging around for decades I can kind of underst

  • by King_TJ ( 85913 ) on Saturday April 24, 2021 @04:08PM (#61309710) Journal

    I could, technically, have suffered this woman's same fate. Many years ago, I rented a few movies from a local grocery store's video section, including a copy of Star Wars on VHS. I returned them the way they often handled returns; just went in and threw them in a drop-off slot -- and thought nothing else of it.

    It must have been about a year later, I received a letter notifying me the Star Wars VHS was never returned and the store suspended my rights to ever rent from their chain again, plus demanded I pay the full replacement cost of the movie.

    I'd never gone back there to rent any other movies, so I had no idea anything was wrong until I got that letter. I tore the letter up and ignored it, because their claimed replacement cost was ridiculously high (want to say $149 or $179 or something like that?) and I knew I'd actually returned it anyway. I never heard about it again, and that store went on to get rid of their whole video rental department, like most grocery stores.

    But the thing is -- you can't even typically be charged with a felony offense when the worth of what they claim you took is below a certain dollar amount. I know that figure changes and varies by state, but it's totally unreasonable to claim one VHS tape is worth enough to hit that limit.

  • I would think this would apply.

    But, given the value of the tape, I think someoneâ(TM)s chain is being yanked.

    • I would think this would apply.

      Nope. The statute of limitations applies to the time between when the crime was committed and when you are charged.

      Once you are charged, there is no specific time limit.

      She failed to return the tape in 1999. She was charged in 2000.

      • You're right that there isn't a specific time limit, but the constitutionality might be in question. Besides the bill of rights, Oklahoma's constitution specifically mentions the right to a speedy trial - Section II-20. "In all criminal prosecutions the accused shall have the right to a speedy and public trial by an impartial jury of the county in which the crime shall have been committed"

        Now, courts have been known to declare some rather silly stuff, like a multiple year trial for a misdemeanor theft cha

      • Once you are charged, there is no specific time limit.

        Perhaps not specific, but isn't there a right to speedy trial? 21 years seems to violate that part of the constitution.

  • Is that an example of the viscous nature of the media content industry towards its customers, e.g., theft of intellectual property for not returning a tape??
    • Is that an example of the viscous nature of the media content industry towards its customers

      No. The video store reported her after several warnings to return the tape. That is their right.

      The DA, not the store, chose to file felony charges and keep the charges on the books for 20 years.

  • Similar story (Score:5, Informative)

    by Train0987 ( 1059246 ) on Saturday April 24, 2021 @04:44PM (#61309842)

    I have a very common name and three years ago I was denied a specialty state license because of my criminal record... despite my not having a criminal record. It turns out that someone with the same name (common) name as me had spent several years in prison 20 years ago. What made this somewhat unique is that this person had the exact same birthdate.

    This state license I needed was special in that pardons and expungements also disqualified the applicant so they were used to getting calls from rejects like me screaming "there's been a mistake!" or whatever since those folks believed "removed from your record" actually meant that. Nothing criminal is ever removed from your record. That licensing entity had heard it all before and nothing I could say would budge them, not even threatening to sue. Luckily I worked for some semi-important people and held a high clearance during the period this other person was in prison so once they stopped laughing they intervened on my behalf. For that one license anyway.

    What really upset me was the new doubt about every job I was passed over for in the past several years. How many ran a background check and made the same mistake? What could be done now? Nothing. The state still won't tell me which specific database threw the flag so I could petition to have a note or something placed in it for that name/birthdate.

    For at least the past 20 years state/local governments have been digitizing all their records into searchable databases and this is the inevitable result.

    • I've got the exact opposite problem. There are exactly six people with my last name and all of them are my family. It makes you very easy to find if anyone is looking.
      • It's like the old saying - if you toss a rock in any direction, you just about can't help but hit a Lugnuts.

      • My name isn't exactly common, but there are a few us out there. I looked it up on google once and they're all really cool people. One was a CFO of a chemical company, one was an engineer somewhere, and one had a really cool looking rock band. If anything I'm the one bringing down the name. :)
      • I have the same problem. There is literally 1 person in the USA, in fact the world (as it is a Swiss name, I have checked their DBs), with my exact legal name. However, my first name is not all that common as a legal name, but a common shortening of a longer legal name (think legal name = Jonathon, shortened name = Jon - but I am not giving the actual one). Even for me, I get confused with people who have different legal names in terms of credit reporting, a DUI, and even a prison sentence.

        A former boss

        • by ceoyoyo ( 59147 )

          I have a common name. When I go to the US whatever the giant red flag at the top of the file for that name says, it freaks them out so badly they don't bother reading the rest. Birthdate, race, appearance, nah.

    • He pointed out that the more information others have on you, the more misinformation they will have on you. Your case illustrates his point.

    • I wouldn't think a pardon would still allow you to be disqualified.

      • We have lots of disqualifications like that,but they only apply if you're to poor to make noise to well-connected friends.

        The system functions as intended. Rules for thee and not for me; we just disguise it with selective enforcement rather than explicitly writing it into the law every time (and to be sure, we write explicitly discriminatory laws too).

  • A bunch of friends and myself had a hunch the local rental store was closing so we rented dozens of movies and games between us just before they closed and never returned them.

  • This is how I justify violence.
  • That movie jumped the bantha in the first 5 minutes.

  • Did you rewind the tape, that could be tacked onto the felony charge. This could be on track to pound-me-in-the-@$$ prison, so tread carefully

  • I believe even a single VHS tape back in the 80's could cost a video store intending to rent it out upwards of $100.00 (or even more I've heard). This is because the studios that sold the videos knew the video stores that were renting these movies would make quite a bit off of even one tape and knew the stores would pay this sum. Another little fun fact, I believe in most cases the video stores were the only place you could obtain a copy of any given hit as it wasn't available through consumer retail channe
    • "Also, is it me or did the 80's VHS tapes (dating myself a bit here) feel a lot heavier,"

      They were, but after tech first gets released, you see cheaper/lower quality versions of the same product get released and displace the older, better versions.

      VCR in 1979 - Big heavy beast, built like a fucking tank, mostly metal mechanical parts, probally could survive a direct nuclear strike.
      VCR in 2009* - cheap disposable piece of shit full of plastic breakie crap. Deck probally weighs less than the 80's VHS tape you

  • Petty shoplifting or theft, at most.

    Let me guess, some tough on crime 'cowboy' slammed her with this charge to make his track record look good, right?

    When are we going to hold 'the law' accountable when they put false charges on somebody? Because if we don't, it emboldens them to be corrupt, and ultimately violent. And we get incidents like what happened to George Floyd and cities burn down.

    Don't defund the police, just make sure that they know without a doubt that corrupt actions on their part will

  • I recently had a background check come back saying there is a wire fraud case from almost 20 years ago. When I went to the court the background check said the charges were filled, they could find no record of a court case or charges so I have nothing to get expunged from my records, yet somehow this background check says there is. So I am now in permanent limbo, I have a felony charge of wire fraud that only exists as words on some background check database.

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