For days, there has been much outrage on the blogosphere about a couple who refused to give a lesbian waitress a tip because they refused to support her “lifestyle.” Dayna Morales, an ex-Marine and server at Gallop Asian Bistro in Bridgewater, N.J., produced a receipt that said “I’m sorry but I cannot tip because I don’t agree with your lifestyle and how you live your life.” People flocked to the restaurant to leave big tips for Morales and she received national acclaim for donating the tips to the Wounded Warrior charity. Now the couple has come forward and claims that it is all a hoax. Worse yet, they say that they have proof.
Morales put the receipt on her Facebook page and it went viral. If the couple is telling the truth, this was a claim to victimization that quickly snowballed into an international story.
The New Jersey couple says that they saw the story and were flabbergasted. They say that they support same-sex marriage and voted against Chris Christie because he did not. More importantly, they left an $18 tip, which by the way appears the standard 20 percent since the entire payment for the meal was $111.55. They have the receipt as well as a credit card receipt for the amount of $111.55.
The restaurant is investigating but could not produce the original receipt. I am not sure the VISA bill would answer the question since it would not show the division of the meal and tip amounts. As for the original receipt, that would be highly probative. They say that their receipt shows both the original amount and the added tip. Notably, the receipt produced by Morales shows the amount of $93.55. IF the VISA shows $111.55, that would be pretty damning evidence.
The question is, if true, what is the potential liability for Morales beyond losing her job. As we have discussed with regard to the Stolen Valor Act, there is a first amendment protection for lying. However, you do not have a protected right to commit fraud. If the couple is telling the truth, Morales is wise to donate the proceeds. If she did not financially gain from the tips, a fraud claim can be more difficult to establish. That raises the possibility that even the donation to charity may not have been what it seemed. Again, this is assuming that the couple is the wronged party. We have not heard from Morales. There are also statutory provisions that might be stretched by prosecutor to fit the alleged crime like the following:
2C:21-4. Falsifying or tampering with records
a. Except as provided in subsection b. of this section, a person commits a crime of the fourth degree if he falsifies, destroys, removes, conceals any writing or record, or utters any writing or record knowing that it contains a false statement or information, with purpose to deceive or injure anyone or to conceal any wrongdoing.
It could also raise an interesting forgery case since she was allegedly forging the writing of the couple (though they were not named in the stories). Here is the New Jersey code provision:
2C:21-1 – Forgery and Related Offenses
a.Forgery. A person is guilty of forgery if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(1)Alters or changes any writing of another without his authorization;
(2)Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act or of a fictitious person, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
(3)Utters any writing which he knows to be forged in a manner specified in paragraph (1) or (2).
“Writing” includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, access devices, and other symbols of value, right, privilege, or identification, including retail sales receipts, universal product code (UPC) labels and checks. This section shall apply without limitation to forged, copied or imitated checks.
As used in this section, “information” includes, but is not limited to, personal identifying information as defined in subsection v. of N.J.S.2C:20-1.
b.Grading of forgery. Forgery is a crime of the third degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments, certificates or licenses issued by the government, New Jersey Prescription Blanks as referred to in R.S.45:14-14, or part of an issue of stock, bonds or other instruments representing interest in or claims against any property or enterprise, personal identifying information or an access device. Forgery is a crime of the third degree if the writing is or purports to be a check. Forgery is a crime of the third degree if the writing is or purports to be 15 or more forged or altered retail sales receipts or universal product code labels.
Otherwise forgery is a crime of the fourth degree.
– See more at: http://statutes.laws.com/new-jersey/title-2c/section-2c-21/2c-21-1#sthash.ZaUqJKBx.dpuf
Then there is the question of the restaurant and whether, beyond firing Morales if the story is proven to be true, it could seek damages to its reputation etc. My guess is that it would not seek such a case even if it could make out the elements.
Finally, there are all those people who gave enhanced tips to support Morales. Theoretically, they could try a class action against the restaurant for its failure of investigation. The restaurant promised to match donations but did not, it appears, check the receipts or charges. It would be a tough case, however. This is particularly due to Morales’ promise to donate tips to a charity. Thus, the customers knew that they were giving money to charity, even if the impetus of the visit was allegedly fraudulent.
Then there is the couple. Morales told ABC that the wife of the couple insulted her when she first introduced herself. That basically says that the customers are bigots and would raise defamation potential. However, they were not named and have kept their names out of the press. Even for a defamation per quod case, it would be weak to establish damages.
The most immediate issue for Morales is criminal liability, though prosecutors could use their discretion in not pursuing the case. Fraud and forgery would be difficult due to the donation of tips as noted above. In a strange way, it is very similar to the Stolen Valor cases. Instead of benefiting socially by claiming to be a decorated hero, she allegedly made herself into a social hero under false pretenses. While we have seen various cases of prosecuted fraud for people collecting money under false claims that they are dying or have lost a loved one (here and here and here and here and here and here), these people are usually found to have pocketed the money. There is the question of whether she had any travel paid for by the media for hotels or flights etc. That would constitute a benefit for establishing the elements of crimes like fraud. Any book deals or movie deals, including early rights payments, would obviously be sufficient. State law actually contains a broad definition of benefit, including benefiting others:
2C:21-8.1.
“Benefit derived” means the loss resulting from the offense or any gain or advantage to the actor, or coconspirators, or any person in whom the actor is interested, whichever is greater, whether loss, gain or advantage takes the form of money, property, commercial interests or anything else the primary significance of which is economic gain.
In the end, if the story is proven true, Morales could walk with simply the ignobility of the disclosure of the hoax. I have written before that such social isolation and condemnation is sufficient in Stolen Valor cases where no money was accepted. For people who want to be heroes, the status as a social pariah is a heavy sanction. She allegedly not only undermined the claims of true discrimination victims but used the fight of equality to benefit herself. Morales would not require a criminal charge to feel the judgment of society in such a case.
Who’s “We” Gene. Mr. Turley is the only person who can ban someone. Remember when you deleted me and got taken to the woodshed? Now, go back to being a good little boy like you and Mike promised you would. You both took the suggested sabbaticals, but they apparently didn’t do the trick. Yoga maybe?
“Now, go back to being a good little boy like you and Mike promised you would. You both took the suggested sabbaticals, but they apparently didn’t do the trick. Yoga maybe?”
Neither Gene nor I promised Jonathan anything and I have the “E” mails to prove it. How quickly though you are forgetting your own promises Nick as your ego tries to snatch victory from the jaws of defeat. It won’t work.
Mike, You are the one who writes long, tedious and angry screeds. And I can tell when you are really angry when you bring out the “liar” card. I pray for you and your family and hope this Thanksgiving gives you some peace, something you apparently need. Now, hoe about giving Larry some of your attention. He might be impressed w/ your bureaucratic years of experience working w/ the upper echelons of welfare agencies.
Geeze guys aren’t you thankful you have a place to say what you want without retribution…..
“I can tell when you are really angry when you bring out the “liar” card”
Ah Nick,
Mr. PI who knows people so well…..yet can’t see the nose on his own face. I used liar purposely remembering that when all that stuff went down prior to your being chastised you were writing to me:”You will not call me a liar!” as if you had some power to shut me up. Instead you were the one who was chastised. Nick….it’s all about context and the nuance emanating from it. You are deficient in reading both because you are such a self-centered egotist that you really think it is all about you and your idea that you are a powerful person. Relax Nicky, enjoy Thanksgiving with your family and let the agita flow from your febrile mind. 🙂
nick,
If you want proof I’ve already told you to ask our host about it directly, but I’ve already told you the gist of the communications that coincided with your warning. He did consider banning you. Believe it or don’t. Just so, keep with your “New Nick” as Mike called it. No one looks to ban people here nick. In fact, we go to great lengths to avoid that action. Consider the amount of column space I and other GBs have used trying to get you to remediate your errant ways. It is fair that you realize you are at the stage where your actions can have dire consequence. Most blogs would have simply banned you unceremoniously and long ago. The rules here are few, our doors are open and everyone is welcome. However, rules are rules and it is only fair that you know (and hopefully realize) that that warning from our host had teeth and it was indeed directed at you. If you stray back into “Old Nick”, you likely won’t get another warning. You might get a final private warning. You might just be gone depending on how far you’ve strayed. I know that is the pattern because history tells me so. Most people the public warning is sufficient to either instigate change or for them to get a clue and move on. The public warning is a serious step. So far, and as Mike noted, you’ve been much improved with only a couple of minor set backs. It has been noticed. Yet that choice on how you proceed is yours.
The lady or the tiger.
Then again, I could just be bullshitting you. Or you could ask directly, privately, and realize that I’m trying to do you a favor.
As for dinner, for scheduling reasons we are doing the family feed on Saturday this year but the menu is: roast beef, au jus, horseradish sauce, baked acorn squash, peas, German potato salad, crab stuffed mushrooms with Hollandaise, deviled eggs, yeast rolls, pumpkin pie and cherry pie. I’m sure there will be other assorted treatsies.
I hope you and your family have a wonderful day, eat too much, and pass out on the couch.
____________
LLS,
Let me guess. You’re having spam for Thanksgiving. Delicious, hate flavored spam.
Happy Thanksgiving to you, Lucky Larry.
YO ALL,
JEWS WERE NEVER IN EGYPT, BUT EGYPTIANS WERE IN CANAAN, FOR HUNDREDS OF YEARS!
THE SCRIBE/PRIEST EZRA “CREATED” TORAH/TANACH & THE REST OF THE MYTHS.
IT WAS THE HARRY POTTER OF THE JEWS – A FARCE & A MYTH!
MOSES/JEWS PLAGIARIZED THE 10 COMMANDMENTS FROM PAGAN EGYPT
THE 42 COMMANDMENTS OF ANCIENT EGYPT
I. Thou shalt not kill, nor bid anyone kill.
II. Thou shalt not commit adultery or rape.
III. Thou shalt not avenge thyself nor burn with rage.
IV. Thou shalt not cause terror.
V. Thou shalt not assault anyone nor cause anyone pain.
VI. Thou shalt not cause misery.
VII. Thou shalt not do any harm to man or to animals.
VIII. Thou shalt not cause the shedding of tears.
IX. Thou shalt not wrong the people nor bear them any evil intent.
X. Thou shalt not steal nor take that which does not belong to you.
XI. Thou shalt not take more than thy fair share of food.
XII. Thou shalt not damage the crops, the fields, or the trees.
XIII. Thou shalt not deprive anyone of what is rightfully theirs.
XIV. Thou shalt not bear false witness, nor support false allegations.
XV. Thou shalt not lie, nor speak falsely to the hurt of another.
XVI. Thou shalt not use fiery words nor stir up any strife.
XVII. Thou shalt not speak or act deceitfully to the hurt of another.
XVIII. Thou shalt not speak scornfully against others.
XIX. Thou shalt not eavesdrop.
XX. Thou shalt not ignore the truth or words of righteousness.
XXI. Thou shalt not judge anyone hastily or harshly.
XXII. Thou shalt not disrespect sacred places.
XXIII. Thou shalt cause no wrong to be done to any workers or prisoners.
XXIV. Thou shalt not be angry without good reason.
XXV. Thou shalt not hinder the flow of running water.
XXVI. Thou shalt not waste the running water.
XXVII. Thou shalt not pollute the water or the land.
XXVIII. Thou shalt not take God’s name in vain.
XXIX. Thou shalt not despise nor anger God.
XXX. Thou shalt not steal from God.
XXXI. Thou shalt not give excessive offerings nor less than what is due.
XXXII. Thou shalt not covet thy neighbor’s goods.
XXXIII. Thou shalt not steal from nor disrespect the dead.
XXXIV. Thou shalt remember and observe the appointed holy days.
XXXV. Thou shalt not hold back the offerings due God.
XXXVI. Thou shalt not interfere with sacred rites.
XXXVII. Thou shalt not slaughter with evil intent any sacred animals.
XXXVIII. Thou shalt not act with guile or insolence.
XXXIX. Thou shalt not be unduly proud nor act with arrogance.
XL. Thou shalt not magnify your condition beyond what is appropriate.
XLI. Thou shalt do no less than your daily obligations require.
XLII. Thou shalt obey the law and commit no treason.
The 42 Principles of Ma’at, the Goddess who personified the ideals of Truth and Righteousness, were known to all the ancient Egyptians. They have been rephrased here in Biblical Commandment form to make them more intelligible and familiar to moderns. In the original form they were preceded with “I have not” as in “I have not stolen.” The Egyptians believed that when they died, their souls would be judged by these principles. Moses and the Israelites, who were originally Egyptians, would have been familiar with these principles, but after wandering for forty years they seem to have only remembered 8 of them (those highlighted in red). Moses added three new non-secular commandments; the one about not honoring the other gods, the honoring of their parents, and the one that included their neighbor’s wives and slaves as coveted chattel. The remarkable thing about the principles of Ma’at is not only how much more advanced they are in comparison with the Hebrew Commandments, but how most of them are strikingly relevant to this day.
Various translations of the Declarations of Ma’at exist and they do not all agree in phrasing, order, or even the total number of principles (since some have multiple statements and some are redundant).
PUT THAT IN YOUR PIPE & SMOKE IT.
Avalon is a great flick showing a Jewish family in the 50’s embracing Thanksgiving.
Try again Lucky Larry, you can do a positive Thanksgiving comment, I know it.
Yo Larry…..
I think Mike S has pointed out the errors of the Jewish community….. Why he’s being targeted by you I haven’t the faintest….. You need a new hobby….
Suicide jokes are always keeping w/ the Thanksgiving spirit. Am I in an alternative universe, does anyone here besides me have a spirit of Thanksgiving? Let the anger and resentment go. We all have problems but we are all blessed. One can dwell on the former or be thankful and rejoice in the latter.
Lucky Larry, How about a positive Thanksgiving rant!
And Happy Thanksgiving to you and your family Gene. I know you love to cook and would love to hear the menu.
Given enough rope…..
Gene, I’ve said this before, and I’ll say it again, until you come up w/ some proof I will continue to call your banning allegation “bullshit.” That is not an attack. I’m calling the allegation, “Bullshit,” not you, fine sir. Saying something over and over again, sans proof, does not make it true. It merely makes it tedious like your 58 warnings to me I will be banned.
“Attack” is a term used 3 times in the last 32days. What I love about this forum is there is a record. Please present a case of someone being attacked by me. I present DavidM being compared to the KKK and Aryan Nation. Now, that was an attack for which I chose to defend him. Would you 2 gents please show where you were “attacked.” Thank you for your anticipated cooperation. I could say “Buck up buttercups” but in your hypersensitive states, that might be considered an attack.
Or attack me, Mike.
As he did yesterday for no other reason than I answered Annie’s question.
You apparently have no idea of exactly how close to being banned you came recently, nick. Some of us really know the score but if you need to tell yourself you’ve won to massage your manifestly crippled ego, you go right on ahead. Whatever you need to think.
There’s too much crazy around here, of late.
Again, Happy Thanksgiving to you and your family.
I’m the same Nick. You and others have been chastened and that is obvious. My default nature is easygoing, I can see just on this thread and the Aryan Nation epithets you have some real anger issues that rear their head @ times . You seem to be working on those demons, as has Gene. Kudos and keep it up. Life’s too short to be angry all the time. Remember, “Pride comes before the fall.” It’s OK to admit you were also spoken to about personal attacks. We’re all human and flawed.
“I’m the same Nick. You and others have been chastened and that is obvious.”
So you’re still the same liar you were. As for being chastened, no I wasn’t chastened, as were none of the guest bloggers, because unlike you we did nothing wrong. As a group the GB’s could care less about you or your opinions. You play nice…..we play nice and pretty much ignore you since you’ve rarely added much to any discussion. Understanding you now as I do you took our lack of response as a sign that we had been somehow called on the carpet and that is not true. The reality was we were giving you a chance to mend your ways and you did.
Your problem though Nick is you really can’t accept that you’re just not that important in the scheme of things here and that galls you. Because it galls you, every now and then you go out on the same old limb. Now you have every right to defend your fellow libertarian DavidM. You have every right to call me vile and to chastise me for what you see as attacking him. The point that you’ve always failed to see in your time here is that people respond to what you say. What I responded to here is your mis-assumption that you were having a “gotcha” moment with me, when all you were doing was deliberately misinterpreting what I wrote.
Let us look at how you operate as possibly instructive. You assume because of your prison experience that you can talk knowledgeably about the Aryan Nation and I can not. It offends you that I wouldn’t accept your “expertise”. Yet on that long food stamp thread when I disclosed that for three years I was in charge of the office that dealt with Food Stamp fraud in NYC, you disputed my assertion that it was minimal. Now you had a right to do that since that is what free speech and debate are about. By the same token I have that right with you, but in fact I don’t dispute that you know more than I would even want to about the Aryan Nation, but therein lies the rub. As I stated above I was using the comparison between them and David as an analogy and my point was that David was bigoted, just as are the Aryan Nation. But you are smart enough to know that Nick, however, you were as you so delicately put it at times “trying to bust my balls.”
As for Thanksgiving spirit I’ve got plenty of it and look forward to a great day tomorrow with family. But then this isn’t about Thanksgiving is it Nick? Just a way for you to try to back out of a situation you’ve ill advisedly gotten yourself into.
Nick,
I released your comment.
It’s nonsense that I already answered above, but you can have the last word since as usual you prove my point by just attempting to attack me.
Help please. A comment was eaten. Thank you for your anticipated assistance.
The Aryan Nation are MUCH MORE than just bigots. They rape and murder children of family members who merely want to leave their organization. And please stop playing victim. You did attack DavidM and I merely pointed it out as uncivil, immoral and deeply personal, something Mr. Turley has spoken about clearly . You have no idea what Aryan Brotherhood really are about and that’s abundantly clear by what you’ve written. This is where you often escalate. You proudly and emphatically stand by your comparing DavidM to the Aryan Nation. I believe that comparison is beyond on the pale. Nothing more needs to be said. We disagree. Let’s honor the civility rule and end this discussion on the Aryan Brotherhood now. My lunch is churning in my stomach and I don’t need anymore agita. Thanksgiving is in a few hours from now. In the spirit of that great Holiday let’s give thanks to Mr.
Turley for his hard work in daily putting out this blog. And let’s show our thanks by civilly agreeing to disagree. Happy Thanksgiving to you and your family. Ciao, and Shalom.
The Aryan Nation are MUCH MORE than just bigots. They rape and murder children of family members who merely want to leave their organization. And please stop playing victim. You did attack DavidM and I merely pointed it out as uncivil, immoral and deeply personal, something Mr. Turley has spoken about clearly . You have no idea what Aryan Brotherhood really are about and that’s abundantly clear by what you’ve written. This is where you often escalate. You proudly and emphatically stand by your comparing DavidM to the Aryan Nation. I believe that comparison is beyond on the pale. Nothing more needs to be said. We disagree. Let’s honor the civility rule and end this discussion on the Aryan Brotherhood now. My lunch is churning in my stomach and I don’t need anymore agita. Thanksgiving is in a few hours from now. In the spirit of that great Holiday let’s give thanks to Mr.
Turley for his hard work in daily putting out this blog. And let’s show our thanks by civilly agreeing to disagree. Happy Thanksgiving to you and your family. Shalom.