Victims told to pay pawn shops to reclaim stolen items

LANCASTER – Richard Lerch thought he heard a noise at his front door but ignored it once the noise stopped.

A noise came again, but this time around back with the sound of someone opening his screen door.

Lerch, 73, got up, opened the back door and was met by a man he had never seen before, wearing a large coat, possibly gloves, and carrying a large duffel bag. It was the middle of August.

Although he thought the man's appearance was strange, it wasn't strange enough to do much about it other than turn the man away when he asked for Lerch's permission to hunt ginseng on his property.

Lerch learned later that the man was expecting to break into an empty house that he could rummage through without interruption. Lerch only delayed the break-in. The man came back when Lerch left his home minutes later to pick up his wife, Bonnie, at the airport.

The retired couple returned to their Lake Road home to find their back door open and items missing, including a change jar, gold jewelry and several guns. No items were knocked over or drawers rifled through, as one would imagine the aftermath of a burglary appearing. If the door hadn't been open, it might have taken days for the Lerches to realize what had happened.

"It gives you the creeps that someone was being that bold and walking in and around your house," Bonnie Lerch said.

The Lerches' home is surrounded by trees, rolling hills and several nearby neighbors who also were recently victimized. Someone broke in, searched their homes, t

aking what they wanted and leaving only an unsettling feeling behind for the owners to discover once they returned.

"We're the fourth house that's been robbed on this road," she said, recalling other recent incidents.

The Lerches also have a $1,000 insurance deductible to replace stolen items, which is a costly avenue that seemed unappealing to the couple who feel victimized by the system and the burglar.

Richard and Bonnie, and likely many other burglary victims, are told by local law enforcement that, if their items are found at a pawnshop and can be rightly identified as their property, they will have to buy it back from the pawnbroker. That isn't the law.

The Eagle-Gazette began looking into local law enforcement and pawn shop procedure to return stolen goods to the rightful owner, which matched from agency to agency but did not match the Ohio Revised Code, which mandates something else entirely.

The law?

Lindsey Burnworth, public information officer for the Ohio Department of Commerce, explained Section 4727.12 of Ohio Revised Code, clearing up confusion with the law:

"If the chief or sheriff receives a report that property has been stolen and determines the identity of the true owner of the allegedly stolen property that is held by a licensee (or pawnbroker), and informs the licensee of the true owner's identity, the licensee may restore the allegedly stolen property to the true owner directly," Burnworth said.

Burnworth clarified that the words "may restore" creates a gray area, giving the pawnbroker an option to give the item back free of charge or face the true owners in civil court if they opt to sue, which she said they have every right to under the law.

"If a licensee fails to restore the allegedly stolen property, the true owner may recover the property from the licensee in an action at law," she continued. "The owner can also include recovering attorney fees and costs in court proceedings."

Burnworth said the later portion of the law stating that the true owner can seek recouping attorney fees and court costs is in place so the true owner could go to court over a $20 item, not just a priceless heirloom or a high-priced item.

She said a lot of times people will say it's not worth going to court because of attorney and court costs. That provision in the law makes the hassle of a civil lawsuit more appealing to the true owner.

The Lerches were surprised to hear that was actually the law and what their options were. They were told by detectives that they would have to pay to get their items back if their property was ever identified on a pawnshop's shelves.

When The Eagle-Gazette asked the Lancaster Police Department and Fairfield County Sheriff's Office what their procedure is when a stolen item is discovered at a pawnshop, they had an entirely different policy and one that favored pawnshops, not the victim.

Both police agencies have the same policy:

If an item is determined stolen, there is a hold placed on the item. Once the case is finished or it is photographed and released by law enforcement before conviction, the true owner is told that they must pay what the pawnshop paid to get their item back.

Local pawnshops, including employees at Lev's Pawn Shop on East Main Street, whom The Eagle-Gazette interviewed for this story, all abide by this policy, even though the Ohio Revised Code does not state anything about a property owner buying back their items for any amount.

Not only do property owners not have to pay to get their items back, Burnworth said, but pawnbrokers also can take the person who sold them the stolen item to civil court to recoup their losses.

What went wrong

After learning the real law when it comes to recouping stolen items at pawn shops, The Eagle-Gazette went back to local law enforcement to track down where this breakdown occurred.

What was discovered is a flaw in how detectives are trained.

Lancaster police detective Dan Thomas said he was told by the prosecutor's office that prosecutors like having only one victim in a case. If the pawnbroker was in charge of recouping their losses in a criminal case, that would mean there are two victims.

"That's the way we were told to do it," Thomas said.

Like Thomas, sheriff's office detective bureau Lt. Tim Voris said both agencies operate under the "guidance of the prosecutor's office."

Fairfield County Prosecutor Gregg Marx said he has never set up a policy stating law enforcement should give victims incorrect information about how to retrieve their items. However, he did say one victim is ideal in a criminal case because restitution has its own laws set forth in the Ohio Revised Code.

"It's a more complex issue when you start putting in restitution," Marx said.

However, based on the Ohio Revised Code, recouping losses for pawnbrokers can go through civil court and bypass the criminal system completely.

Despite the law's complexities, Marx said, he is aware it is an issue. He cited high turnover and investigators' large caseloads and possibly improper training as some of the reason the breakdown occurs.

"That's one of 50 problems," Marx said. "It would be nice if there was a solution."

Voris said he does believe all law enforcement is invested in improving the process for victims and helping get their items returned. Marx agreed, saying there is a lot of new local leadership and positive changes are possible.

The law also changes somewhat frequently. However, this particular law has been in place for nearly 14 years.

"It's been an evolving statute over my entire career," Marx said.

This version of the law took effect in 2001, which Marx said was long before he became county prosecutor.

Marx also said the Fairfield County Sheriff's Office Detective Bureau requested a meeting with him to discuss the issue of how victims are handled in burglary cases when their items are sold to pawnshops. He said the email came a couple of weeks ago, which is about the same time The Eagle-Gazette began pursuing this report.

Voris said the timing was coincidental because improving the recovery process for victims has been a longtime discussion.

"This is an issue that we'll look at," Marx said.

When Marx was asked about receiving any complaints about the pawnshop procedure, he said that he doesn't remember many within the past four years but that it's possible officers have deflected some of the complaints.

Collaboration

According to the Ohio Pawnbrokers Association, less than half of 1 percent of pawned merchandise is identified as stolen.

"That's because customers must provide positive identification and a complete description of the merchandise," according to the association's website, OhioPawnbrokers.org. "This information is then regularly transmitted to law enforcement, which dramatically decreases the likelihood that a thief would bring stolen merchandise to a pawn store."

Fairfield County sheriff's detective Bryan Kohler said law enforcement has a good working relationship with local pawnshops.

Lev's Pawn Shop employees said detectives routinely talk to them about items brought in, all of which is uploaded to a database complete with the item's serial number and identification of the person who sold it to them. Lev's manager, Anthony Maybin, said the database is a key tool for investigators and one that helps solve crimes.

Pawnshops are regulated and held to a different standard than other secondhand shops, which aren't required to track sale records as pawnshops do.

"They're not under the same obligation," Maybin said.

Once the items are uploaded to the database, police may place a hold on an item if there is suspicion that it was stolen. Maybin said that Lev's averages a couple of holds a month but that it's somewhat infrequent.

Pawnshops also are obligated to forgo buying any items believed to be stolen. Maybin said he is careful when it comes to buying items and will ban people from the store if they come under police suspicion.

Generally, he said, a lot of Lev's business is people looking for quick loans. However, he said, burglary victims have come to the shop and paid to get their items back.

Maybin, who has been in the pawn business for five years, including two years at the Lancaster location, said most people are "usually happy to get their stuff back," and he doesn't recall many local people complaining about paying to recover their items.

"In Columbus, people are a lot more aggressive," he said.

Maybin said it can create a problem for law enforcement and their cooperation with police agencies if pawnshops are forced to give back the victims' items for free and be out the money. Pawnshops often help officers in tracking down thieves through various means, he said, but they would likely be less helpful if it meant losing money.

Victimized twice

Deb Nisley was one of those victims venturing into an area business that bought her stolen jewelry — jewelry valued at $38,000 that couldn't be replaced by insurance money or by buying something new.

It was her engagement and wedding rings and other jewelry given to her by her late husband, who had died a year before the 2011 break-in.

The man who broke into Nisley's Pleasant Township home and pleaded guilty to charges related to the burglary in October 2011 knew Nisley and her home well. He broke in through a window when she wasn't home and took cherished jewelry from her collection and her late husband's, including his wedding ring.

"My husband died, and that stuff will never be replaced. It has sentimental value to me, but I know pawnshops don't care about that," said Nisley, who is still bothered by the ordeal.

Some of the items were tracked down, and police placed a hold on the items until the case came to a close. When Nisley went to retrieve her items, they had already been sold. She was able to buy back only one piece of her wedding ring, as the setting had already been melted down. Only the diamond of her engagement ring remained, which she paid $750 to get back.

"I didn't get anything else back," Nisley said. "It's a very, very sad thing."

Nisley said she was revictimized when she was required to buy her diamond back, but she had no other option.

She did consult an attorney about what had happened but was told she could never win against the pawn business. She said one of the main problems, even though there was a conviction in the case, is proving that the item is yours.

"You must have some serious documentation," she said.

Along with losing the irreplaceable jewelry, she said there's also still a feeling of violation that someone she knew entered her home and took things knowing they were important to her.

Nisley still has a sense of fear.

The Lerches, who have come to realize they will never get their items back, have that same sense of fear. The feeling of security is something they want back more than any of their stolen goods.

Richard Lerch carried a gun around for a couple of days but grew tired of it.

"Who wants to carry around a gun with you all the time?" Richard asked. "What he stole was nothing to shoot anyone over anyway."

Bonnie Lerch is still startled from the break-in, even though she never saw the perpetrator. She became visibly upset when the sound of a far-off gunshot hit her ears while talking to The Eagle-Gazette outside her home on Aug. 17, two days after the burglary.

"We lock the door even when both of us are here," she said. "When it happens to you, it's completely different than when it happens to someone else."

The Lerches have already added extra security to their home.

"It's going to take a while to get over it," Richard Lerch said.

And even when they do, the stolen items are probably never coming back.

sroush@lancastereaglegazette.com

740-681-4342

Twitter: @SpencerRoushLEG

Proving ownership

Investigators and pawnshops give a list of tips for property owners to help identify their items if stolen:

•Keep meticulous records, including photographs, in printed form in case a computer is stolen.

•Write down serial numbers, descriptions of items and take pictures. There are serial numbers on a variety of valuables, including guns, tools, bicycles, electronics and even some jewelry.

•Report all stolen items to police.

•Police often tell victims to search pawnshops for their items; however, if an item is spotted, go to the police department to investigate and place a hold on the item. A pawnshop will not discuss the item with the victim directly.

•For items that do not have a serial number, detectives suggest etching an identifier on the item.

2014 statistics

Fairfield County Sheriff's Office

•147 burglaries

•89 breaking and entering

•159 felony-level thefts

Lancaster Police Department

•66 burglaries/breaking and entering

•93 felony-level thefts

Source: Lancaster Police Department and Fairfield County Sheriff's Office