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Server’s electronic tip alteration is forgery, COA rules

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A Logan’s Roadhouse server who used a computer to alter the amount of tip a customer left for her on a credit card can be convicted of forgery, the Indiana Court of Appeals affirmed Thursday.

Customer Nicolette Lee noticed that her credit card had been charged $2 more than the amount she authorized after eating at Logan’s in November 2011. She called the restaurant, which credited her back the $2. Manager Chad Keefe discovered that several of server Lindsay Tatusko’s checks from that same day also contained discrepancies in the amount of tip left on the receipt and what Tatusko entered into the restaurant’s computer system. Keefe reported the incidents to police, and Tatusko was charged with and found guilty of Class C felony forgery and Class D felony theft.

In Lindsay Tatusko v. State of Indiana, 29A04-1208-CR-413, Tatusko claimed that the evidence that she submitted a different tip amount than that authorized by Lee into the computer system does not constitute a violation under the forgery statute.

“But we agree with the State that Lee’s bill was ‘not closed out and completed’ until Tatusko reviewed the credit card slip, entered the tip amount into the computer, and hit ‘authorize settle’ a second time,” Judge Edward Najam wrote.

“Here, had the entire transaction been conducted on paper, Tatusko would have had to change the tip amount in writing, which would have satisfied the elements of the forgery statute, even according to Tatusko. Just because she changed the tip amount electronically does not mean that her conduct falls outside of the statute.”

The COA also denied Tatusko’s claim that she was denied effective assistance of trial counsel when her attorney did not move the trial court to ask each remaining potential juror whether comments by Juror 34 had any affect on their ability to remain unbiased. During voir dire, Juror 34 said he had rented property to Tatusko and kicked her out for not paying bills on time. No one objected to the juror’s comments. Later, when the court asked all the prospective jurors as a group whether any could be biased against Tatusko, Juror 34 said “Yeah, I – since my relationship with her was not good … .” Juror 34 was then excused.

The COA found it to be reasonable to assume that the defense counsel’s strategy was to avoid drawing further attention to the juror’s comments.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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