Here's my summary of replacing my lost phone at WalMart, resulting in Wire Fraud Racketeering. I'm organizing it into two sections: A brief overview of legal definitions in layman terms; and a detailed timeline of events.
Brief Overview
There are four main components of what happened:
- vendor selling new phone under one condition, which was not honored (Wire Fraud - obtaining money by false or fraudulent pretenses)
- vendor later refusing to help activate new phone with old number, depriving me of "intangible right of honest services" I paid for, my sole reason for buying that phone there, and a service which the vendor advertises online. (Wire Fraud - denial of honest services)
- host company advertises that specific "honest service" online: Our friendly and knowledgeable associates can help you with all your tech needs, including getting your new cellphone up and running for you. (Wire Fraud - utilizing telecommunications to defraud)
- host company's manager defends vendor's right to deny "honest services", manager told me to go elsewhere to fix problem, didn't calling law enforcement for my police report. (Obstruction of Justice, Accessory to Wire Fraud)
A brief overview, in layman terms, of elements of Wire Fraud and Racketeering
- "Racketeering" is two or more violation of "racketeering crimes", 35 federal and state crimes including fraud, embezzlement, extortion, arson, kidnapping, murder - as well as Obstructing Justice for those crimes
- "Wire Fraud" is...
- editing still in progress - stay tuned for more details about WalMart's business practices
Timeline of Events
[This part is still getting edited, as I needed to reorganize the beginning overview as I finish editing the timeline. Thanks for pointing out how unclear I was brachiopod]
A bunch of stuff happened, and then:
where I was told it would be "easy". Under False Pretenses, I bought a phone which cannot access my old number - and they refuse to fix it. "Denial of Goods and Services" is Wire Fraud, especially under False Pretenses.
Making matters worse for them, when I returned the fourth time to get my old number working, a WalMart manager named Tonio (who I understand is Asset Protection) repeatedly Denied Goods and Services, and kept defending her right to refuse to fix my phone, even after he reviewed videotape to prove she was lying about events as her excuse to Deny Service I was promised and I paid for.
Tonio had an armed security guard accompany him, who also did nothing when I explained the Wire Fraud and Identity Theft, all done utilizing a computer network. Tonio said that he "couldn't even talk to her" because the is a third-party vendor. However, he also said, "She said her network is down, but she's working on getting it back up," which indicates he actually did talk to her, but lied and said he "can't". Tonio, also kept telling me that it is not her job to help people get their phones working, merely to sell phones profiting WalMart
However, Premium's website tells another story:
"Premium’s trained and certified experts guide shoppers to an informed purchase decision. We engage store traffic to help sell products and accessories, ring the transaction, process activations and provide follow-up."
https://premiumretail.com/
Those are two separate service I've been repeatedly denied - two separate Wire Frauds. While it was an employee from their third-party vendor Premium who initially denied service, WalMart management repeatedly upheld that decision, and for a number of incredibly stupid reasons - like "You were moving your hands while you were talking." When I asked, "Was I moving them in an aggressive manner? Or like I kept asking for help?" Tonio said, "Well, it's hard to explain..." I kept asking, "So, NOT aggressive then, right?" But Tonio was simply unable admit the truth - was the "hand movement" aggressive or not? And is that a valid reason for Tonio to prevent me from getting my old phone number activated, like I was promised and as I already paid WalMart for?
United States Code, Title 18 Subsection 1343 defines Wire Fraud as:
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both.
For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.
Moreover, "Willful Blindness" and "Deliberate Indifference" is Obstruction of Justice, which is comprised of both mal-feasance and non-feasance. And each Denial and Obstruction is comprised of at least two separate Wire Fraud charges - a federal offense.
Racketeering is defined, in layman's terms, as a group of people engaged in multiple crimes of specific nature, "racketeering crimes" which include Fraud, Embezzlement, Extortion, and several others - including Obstructing Justice to protect other racketeers. And while it was their Premium vendors committing the Wire Fraud, it was WalMart's Asset manager Obstructing Justice to allow her to keep defrauding me (which unjustly enriches WalMart at my expense) while protecting her from prosecution - or even a scolding.
Under the legal doctrine of respondeat superior, it makes no difference their third-party vendor defrauded me, only that WalMart profited from that transaction. It happened at a WalMart, in their electronic department, utilizing WalMart's computer network, by a third-party vendor WalMart requested, approved, and hired:
"When Walmart needed an expert salesforce in their wireless section, they called Premium."
https://premiumretail.com/case-study/winning-wireless-in-walmart/
Furthermore the website for the electronics department for Superstore #2016 promotes the very same honest service which the manager kept saying their vendor didn't need to provide me:
Our friendly and knowledgeable associates can help you with all your tech needs, including getting your new cellphone up and running for you.
https://www.walmart.com/store/2106-reno-nv/connection-center
With that in mind, the background I am creating a timeline of events, (which I will update later tonight)
I have also filed my complaint with the Nevada State Attorney General. We'll see what they decide to do. I hope it is something really, really big!
This summary is currently getting updated.
Please check back soon.
