ILNews

Server’s electronic tip alteration is forgery, COA rules

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

ADVERTISEMENT