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Expert: - 12/7/2006


Question
Mr. Toomey:
We had a landscaper install some sod last year.  (Turns out he was big-time crook...promised a lot of things he didn't deliver.)  
He billed us for 16,000 square feet of sod...charging us both for the sod itself and for the labor to install it.  
I paid a surveyor to come and measure the yard, and it turns out that there is only 11,500 square feet of sod installed.  Other reputable landscapers tell me that...when installing sod...you always allow from 5 to 7 percent "overage".  (If you need to install 10,000 square feet, for example, you should buy 10,700 square feet, using the 7% figure.)  They also told us that...if he only installed 11,500 square feet, and charged us for 16,000....he's ripping us off.
My question...
Exactly what crime would that be?  Some sort of theft, I would imagine.  Maybe some type of fraud, too?
This is in Alabama, but I rather suspect that most state laws on this are pretty similar.
Any info you can share is greatly appreciated.
Warm regards, and Happy Holidays!
David Gardner

Answer
David,

   You didn't mention that you had called the police so I would guess that you haven't?  I am wondering why not?  As you also mentioned every state has its own laws so in your state it might not even be a crime unless this landscaper had criminal intent to take your money.  In MY state, if the landscaper had the intent to defraud me by intentionally coming to my house and giving me an inflated price for work and material that he didn't provide and the police could show a pattern of the same conduct at other places then it would be simply theft (not to minimize the crime).  So I would get on the phone and get the police out there if they think that this is a crime in Alabama.

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Jack Toomey

Expertise

U.S.: I am an expert in this category for the purpose of giving young people an idea what the hiring process involves for the position of police officer. I am getting a flood of questions from young people who are being influenced by unrealistic television shows. I'd ask you to consider that when you watch police shows on television that they are NOT realistic and most of what you see does not happen in real life. Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. I am NOT a probation officer so I cannot answer questions about probation and parole matters. I am a retired police officer with 26 years experience.I worked in a variety of assignments including investigations, homicide, sex crimes, runaway investigations, missing persons, and fraud.I also dealt with the general public during that time giving a wide range of advice on matters such as domestic disputes, problem solving, teenage problems, civil/criminal matters, and dealing with the mentally ill. I am available to give sound and reasonable advice which can solve most problems. Please do not ask me to do homework questions or online interviews. Young people should not rely on the Internet for interviews. Local police officers are normally very agreeable to assist students with interviews and surveys.

Experience

Worked as a police officer/detective for 26 years.

Graduate of the University of Maryland.B.S. in Law Enforcement.Attended numerous schools and training courses involving investigations, interviewing, interrogations, crime detection, domestic violence, and others. Recognized in court as an expert witness.

Received numerous awards during my police career for expert investigations. Handled the most sensitive and confidential investigations. In 1999 I won an award for my work with high school students while working in my new career in a large suburban high school.

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