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Safeway Club Card Leads to Bogus Arson Arrest

Richard M. Smith writes "Tukwila, Washington firefighter, Philip Scott Lyons found out the hard way that supermarket loyalty cards come with a huge price. Lyons was arrested last August and charged with attempted arson. Police alleged at the time that Lyons tried to set fire to his own house while his wife and children were inside. According to KOMO-TV and the Seattle Times, a major piece of evidence used against Lyons in his arrest was the record of his supermarket purchases that he made with his Safeway Club Card. Police investigators had discovered that his Club Card was used to buy fire starters of the same type used in the arson attempt. For Lyons, the story did have a happy ending. All charges were dropped against him in January 2005 because another person stepped forward saying he or she set the fire and not Lyons."

12 of 505 comments (clear)

  1. Still thinking? by fembots · · Score: 5, Insightful

    No decision has been made whether that person will be charged

    Are you kidding me? The wrongfully-accused was charged almost immediately, and now this guy fronted up and they're thinking about it?

    1. Re:Still thinking? by k98sven · · Score: 5, Insightful

      Are you kidding me? The wrongfully-accused was charged almost immediately, and now this guy fronted up and they're thinking about it?

      To engage in pure speculation: A possible situation could be that the fire was started by one of his kids. They would've had access to his card (and typically, kids don't have much cash either). The man's wife allegedly first spotted the fire, which makes me doubt it'd be her.

      This would explain both why the procecutor has not decided if they should be charged, and also why they're not providing any identification. Hanging a presumably already troubled kid out to dry in the media wouldn't be very constructive.

  2. Happy ending? by Seumas · · Score: 5, Insightful

    His house was set on fire.
    He was charged with and arrested for arson.

    What part of this story is "happy"?

    The only thing that stood between him and serious prison time (not to mention probably losing all of his friends, family and destroying his career and reputation) was that the criminal who was responsible came forward. Do you know how rare that is? His "fortune" here was like falling off a 110 story building and having a huge gust of wind on a still day scoop you to safety at the very last second.

    Let's not even entertain the possibility that someone could have died in the fire. If that were the case, I bet nobody would have stepped forward and this guy would have taken the fall - all so Safeway could target their demographics better. More, he probably would have been sentenced to life in prison at the least and everyone would be cheering for his execution. Because, of course, he's guilty if he has been convited, so he should fry!

    This was a stomach-churning close-call.

    1. Re:Happy ending? by thomasa · · Score: 5, Informative

      Sorry, just being charged can ruin your reputation.

  3. Re:The wife? by Seumas · · Score: 5, Insightful

    It could have been anyone. You don't need your card to buy something under your name. Haven't you ever bought groceries before?

    You just go through the line and they say "do you have a Safeway Club Card?".

    You say, "I don't have it with me".

    The cashier will say "What's your last name and four digits of your telephone number?".

    Give them a last name and a telephone number. Voila. In other words, you could get all of the information necessary to frame the other person on the basis of a club card purchase, by looking in a telephone book. Any half assed lawyer would know that and have the trial and charges dismissed in a heartbeat.

  4. A recent story from the UK by pg133 · · Score: 5, Informative
    Magistrate fined for keeping lost Rolex

    A magistrate who found a £3,250 Rolex watch in a supermarket and gave it to his wife as a 60th birthday present was fined £600 after being found guilty of theft.

    Rowlett, a building surveyor, was caught almost two years later after taking the watch for repair at a jewellers near his home in Poole.

    It was identified from its serial number as having been lost or stolen.

    Inquiries with Tesco, through its Club Card loyalty scheme records, and receipts of purchases showed Rowlett had been in the shop within two hours of Mrs Scott
  5. Close call? by xstonedogx · · Score: 5, Insightful

    I agree, there's not much happy about it.

    This was a stomach-churning close-call.

    I guess I have more faith in the system.

    They'd have to convince a jury that this "noble, hard working volunteer firefighter who loves his adoring family very much and just, out of the kindness of his own heart, adopted a child into his home and family", started a fire to kill them all.

    And apparently they planned on doing it with nothing but circumstantial evidence which would vanish once a trial started. Any defense lawyer worth a damn is going to have a Safeway employee on the stand explaining several different ways someone could use his Safeway Club Card #.

  6. I know DBA's in the industry - Just so you know... by DeanFox · · Score: 5, Informative


    The only way to make bogus data work, name address, etc. is to use cash 100% of the time.

    The moment you tie a member card to a transaction paid by cheque, debit card or whatever, there is now a link between you and the card. From that moment on, that card, bogus data or not, will be linked to you.

    That's why many stores don't care if you fill out the application using the name Micky Mouse then you turn around and pay by debit card or cheque. Or a store manager upon asking will give you a card without filling out an application and then you turn around and pay by cheque. The minute the transaction is processed, your profile, the cards data, is updated with the new information.

    There's not just one name linked to a card either. Swap with friends and all that does is link another name to the card. They still have records of this person bought this and this other person bought that.

    My local store, if all you tell them is you forgot your card, they say no problem and the cashier scans a store card kept at the register. So what? As long as you pay by anything other than cash, a new transaction is created that can be cross referenced back to you. You don't think for a minute that debit card numbers, bank account numbers etc. are *not* part of the member card transaction record?

    Member cards were a solution to group transactions by cross reference. One household may have 6-7 methods of paying. One couple has seperate checking accounts, their own credit/debit cards, that's four methods right there. Add different credit cards and now a household may have 7 ways to pay. Member cards were introduced only to help group these transactions into a larger household picture. Household demographics is what they're after, "household" is the holy grail of demographics.

    They lost this household demographic when they started to accepted plastic as payment. Ever notice member cards were not introduced until stores started taking CC/Debit cards for payments? They've been tracking purchases for 30 years. Back then, joint checking accounts were common and paying by cheque was the only method other than cash. Back then household demographics was a simplier excerise. It's worth a few cents off an inflated price to incurage you to help them group these new plastic transactions by household.

    So, except that the government has caught on that this can be a wealth of information, this is nothing new. Unless you use cash 100% of the time you're not beating the system the way you think you are by filling out the application with false data.

  7. Re:The wife? by Long-EZ · · Score: 5, Insightful

    I have to provide a driver's license if I forget my card and still want to use my account.

    I can't believe everybody just queues up and plays their privacy invasion game. What's next? "Identify for retina scan" to buy a pint of Ben & Jerry's?

    The club cards are a paper thin scam. They raise prices slightly, then offer the club card to get slightly lower prices than they had before the card. Then, a couple of months later, after everyone is signed up, they raise the prices. You're now paying at least as much as you were before the card, and if you resist you're charged 30% more as a penalty for not voluntarily surrendering your personal information.

    US currency does still carry the phrase "legal tender", right? I guess they can legally force you to pay a 30% penalty for paying in cash.

    I'm not an anarchist, but it really is nobody's business if I want to buy a box of condoms, three tubes of KY jelly, 50 feet of rope and a jar of Smuckers (TM) strawberry jam.

    Coercing people into surrendering their personal information to buy groceries is wrong. It's an abuse of technology. That so few people complain about this loss of privacy is proof of how bad things are in the United States of Sheeple. Hopefully there will be some more high tech screw ups where people are falsely accused, or similar problems arise from using this dubious source of data, and people will finally awaken to what a shady scheme this is. Until that happens, I'll go out of my way to find one of the few stores that don't abuse my privacy. Have we really fallen so far that Safeway's desire for marketing data has now superseded our right to privacy?

    Every time I to argue for privacy like this, I get responses from neo-Nazis who comment, "If you didn't do anything wrong, you have nothing to fear." Well, apparently "nothing" includes being falsely accused of a felony and the public humiliation of being tried for attempting to burn your family to death in their sleep.

    Anybody remember when the police INVESTIGATED crimes, rather than just subpeona DNA, credit card records, phone records, Safeway records...?

    The fifth amendment guarantees that no US citizens can be forced to testify against themselves. If forcing some guy to provide a DNA sample isn't forcing him to testify against himself, I don't know what is.

    Technology itself isn't responsible for our eroding privacy, but it sure makes it easier for those who want the power that comes with all the collected personal data.

    --
    >> My ultraviolent Linux switch video.
  8. Not just the government uses this data by bwass24 · · Score: 5, Interesting

    Having run the loyalty card systems for this and a few other large grocery chains in the early 90's, I have seen a ton of horror stories related to the use of the data.

    Some examples:
    -A large chain of grocery stores that also had pharmacys sold the data about what medications their customers bought to an insurance company. The insurance company ran the medication list against each policy holder's health insurance info and then cancelled people who bought drugs like heart medication without the insurance company being aware of it.

    -Another chain had a promotion tied to their loyalty cards that gave customers a turkey for Thanksgiving based on how much they spent and it also gave them more stuff is they bought specific things. When the statement of exactly what was purchased came to the chain's CEO's home, it revealed to his wife that he bought huge amounts of flowers for his mistress and it resulted in his divorce.

    -A single mother who had just lost her young son in a car accident bought some baby gifts in a chain grocery store and used her frequent shopper card when she paid in order to get a small discount. The purchases of these items caused her to be flagged as a new mother and be immediately put on a ton of mailing lists relating to "the joy of motherhood", etc. Hardly a pleasant reminder after losing her only child.

    I guess that my point in posting this is that the privacy issues with these cards are quite far reaching. They can have real personal impact and their use should be considered VERY CAREFULLY. They can have benefits that one might find valuable, but they can have devistating and totally unforseen consequences.

    Caviat Carrier?

  9. Very Close Call IMHO by FreeUser · · Score: 5, Interesting

    I guess I have more faith in the system.

    I don't.

    Here in Illinois, 50% of those on death row were proven by genetic analysis to be innocent of the crimes of which they had been convicted.

    50%.

    One in two people sentenced to death had been wrongly convicted, and were only exonerated pre-mortem because they happen to have enough appeals in place to postpone their executions until a technology came along able to prove they weren't the culprits. These people were in some cases convicted on evidence a hell of a lot more flimsy than a Safeway Club Card purchasing record, and they were sentenced to die.

    The numbers were so horrific that our Governor at the time, a Republican who until then had supported the death penalty, placed a moratorium on all further executions in the state, and rightly so.

    Of course, this "new" technology, like any other, is falable, and in a case like this one (where everything's gone up in smoke, and where the accused lived there anyway) entirely inapplicable, so lest someone think "but now we have this new panacea, so it won't happen anymore" I can only say, don't kid yourself.

    Justice in America is appallingly hap-hazard. Police are lazy. They latch onto a theory they like and make the facts fit their expectations. The lose, damage, and misinterpret evidence all the time. District Attorney's persue careers based on rates of conviction, and often have little concern for the actual guilt or innocence of those they are convicting (there have been a couple in recent memory here in Chicago who have been proven to knowingly convict innocent people, in at least one case because he was more interested in putting the scapegoat behind bars and looking good to an angry public than in serving justice).

    Having served on a couple of juries, I can say from my own experience that juries are faced with severely filtered and diluted information, outright misinformation, and a great deal of emotional manipulation from both sides. Their odds of getting something right don't seem to be much higher than what we would get if we simply flipped a coin to determine guilt or innocence.

    I understand people who break and run when accused of a crime they didn't commit. The prisons are full of people wrongly convicted, and the streets with people who got away scot-free (and of course the opposite is also true, the prisons are also full of guilty people correctly convicted, and the streets with people justly acquited). It is an utter crapshoot as to whether or not you are correctly found guilty or notguilty, or incorrectly found notguilty or guilty, and this guy got incredibly lucky.

    --
    The Future of Human Evolution: Autonomy
  10. Supermarket card "evidence" is a joke by yellowstone · · Score: 5, Insightful
    Because
    1. You don't need to present a shred of identification to get a card -- you don't even have to give the right address, since they give it to you right when you apply for it.

    2. You don't even need an actual card -- stores will allow you to enter a phone number in place of swiping the card -- and there's no way for them to know if you enter the right number.
    If this was critical evidence in their case, they didn't have a case. (In which case, it's no surprise they jumped on the 3rd party who came forward to confess).
    --
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