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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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