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Lindsay Lohan: Bad Jewelry = Good Defense to Felony

2/12/2011 10:30 PM PST BY TMZ STAFF

Lindsay Lohan's bad taste in jewelry could be the key to her defense, because according to TMZ's research, the necklace in question may not have enough value to constitute felony grand theft.

0211_lindsay_necklace_x17online

In order to charge a defendant with a felony, the item in question must have a fair market value of more than $950.

Kamofie & Company was selling the necklace for $2,500.  But we checked with three prominent jewelers in L.A., and they claim the price tag is grossly inflated.

The jewelers asked us not to identify their stores by name, but here's their assessment of the item.  We gave them information from the necklace designer, who told TMZ it was comprised of 8.84 carats of natural, untreated yellow diamonds.

-- A Santa Monica jeweler told us the necklace is "a dime a dozen," and he wouldn't think of selling it for more than $1,000.

-- A downtown L.A. jeweler says if the item is retailing for $2,500, it means "the stone is cheap," adding, "It's most likely an industrial-type diamond, not gem quality."  He says the necklace is worth no more than $900.

-- A San Fernando Valley jeweler says, "I don't believe this necklace has 8 carats of diamonds.  It's so thin."  She says the chain would sell in the jewelry district of downtown L.A. for $800 tops -- and probably less. 

Under California law, if the necklace is worth $950 or less, Lindsay could only be charged with petty theft, a misdemeanor.  The maximum penalty is 6 months in L.A. County Jail -- and with jail overcrowding she's looking at a short stint.

If Lindsay's lawyer, Shawn Chapman Holley can convince the judge that the necklace is cheap, Lindsay could dodge the biggest bullet yet.


706 COMMENTS

No Avatar
31.

Carvey    

So when did TMZ hire Dina Lohan?

1257 days ago
32.

Echo    

Tmz has egg on their face and Harvey pretends he's a lawyer. All TMZ had to do was go to the jewelery designer's web site and see that the necklace was not inflated. Her jewelery is very expensive. I couldn't stop laughing for 5 minutes after I read this article. There is a HUGE markup on all jewelry and the thought an arrest and conviction would be the value of loot at the cheapest store instead of the burgled store.... well you guys need to go stand in the corner. You should have taken that question to the legal experts not goofball jewelers given estimates on jewelery they have never seen.

1257 days ago
33.

Nessie    

When can we see a picture of the necklace as a whole? I have only seen the back of it.
Eventhough this defense is very creative, I still find it odd how someone would wear a necklace backwards. She must have known something she did wasn't right or else she wouldn't feel like she had to hide the necklace.

All and all a very strange story and from Lilo's side it doesn't hold up I'm afraid.

1257 days ago
34.

---    

I would think that fair market value, however, is dependent not upon just various jewelers saying they would sell a necklace, as it was described to them like this for a certain amount, but also the location of the jeweler, because any person arguing fair market value, also has to take into consideration the location the item was sold from. Otherwise you would not have price differences on essentially the same house in Los Angeles or in some diddley squat place no one wants to live, or why car sales can be so different prices in various places, etc. I don't think that if someone stole a high price item from a store (say a very expensive purse) and then their lawyer argued that it was on sale through the store's outlet in another city for a huge discount, that the fair market price was actually less than where you stole it from. Come on, she stole it from a store that had it priced at 2500.00, and that was the value she was stealing from the store.

1257 days ago
35.

Schmange    

... and prove that the jeweller is screwing people

1257 days ago
36.

Sincerity    

22.

This is a stupid premise! If I steal an ipod from Best Buy that is priced at $1000, I'll be charged with a felony even if Walmart is selling the same ipod at $850. As long as the necklace was priced at $2500 when Lindsay selected the it, she was under the belief it was worth $2500. If the store overpriced it or if other stores sell it for less, it has no bearing. At the time of the theft, the store and Lindsay believed it was worth $2500.

On another note, Lindsay's game of misdirection (take off her necklaces, try on theirs, switch back & forth, etc.) is a very common method of shoplifting. This is why most jewelers will only show someone one piece at a time. Lindsay knew exactly what she was doing just like Winona Ryder. Why she did it no one will know for certain.

Posted at 2:00 AM on Feb 12, 2011 by Mark

I couldn't agree more! Unless the jewelers, in question, actually examined an exact replica of the necklace Lindsay was alleged of stealing, their appraisals can't really be taken seriously. The quality of design and workmanship is very important in pricing jewelry in addition to the quality of the materials used to produce it. Lindsay Lohan has some "real" issues that have directly impacted other people and she will continue to avoid dealing with them, unless the justice system intervenes.

1257 days ago
37.

Sad sad    

Zentriex No, they jacked up the price to make a profit. Measured the worth in their pockets. Do you actually believe the person who actually created it got $2500 for their craftmanship? Please.

1257 days ago
38.

Californiadesi    


Lindsay is wrongly charged with theft.There is no theft here.Theft requires an element of stealth or surreptitious conduct,which is absent here.There is no evidence that she tried to hide or hid necklace.

Lindsay put the necklace around her neck before everybody,in front of surrveillance camera,the salesperson who knew who Lindsay was and where,how to contact her and admitted that Lindsay took it by mistake.Even if she took it intentionally,it would be a case of 'Conversion' not theft. Conversion is a civil cause of action,not criminal. Conversion won't stick because necklace was returned.D.A. has no case.

1257 days ago
39.

two cents    

Idiots at TMZ! First you're on the lindsay bashing train, and now you're trying to have her back. Talking out both sides of your face.

FYI: BS on this stories slant of it's a cheap necklace.

Jewelry is all subjective. It's "worth" only what someone is willing to pay for it. There's a lot of leeway in the price of jewelry. Stop being so damn stupid. No one cares if poor little lindsay goes to prison. Good riddance!

1257 days ago
40.

Jogos de Pc    

Hi,

I wish you good luck Lindsay Lohan...

Jogos de Pc

1257 days ago
41.

Sad sad    

Sincerity I would say to you how dumb you are and should have stolen it from walmart to avoid the felony. That's what you get for not shopping around first. That would be the average value. $900 to $2500 huge difference and if it's only worth $500 I say fight it.

1257 days ago
42.

Sad sad    

How dumb I am that was to mark. :)

1257 days ago
43.

Chaps    

OOOPS LiLoHoe made the common celebrity mistake of being attracted to cheap overpriced worthless crap...

Too bad the price tag will be so high for her...

She will be paying for this one till her kids are old..

Oh, wait....

1257 days ago
44.

SantaFeJack    

#8 I agree. Apparently, the number of comments dictates that TMZ continue following whoever or whatever generated so many comments. In addition, stories like this one in particular will only discourage legitimate stores from filing police reports...this is TERRIBLE publicity for this store! They don't deserve it.

1257 days ago
45.

Linz    

Wow, TMZ you guys are suppposed to be the legal experts. This isn't how the law works. Yes it is based on Fair Market Value, but this story is total BS. You don't determine FMV but calling a few stores, describing the necklace, and having them estimate what it's worth. If this store was selling the necklace for a couple grand, but other stores were selling it for $50, then that would be a story. But you guys just called a few jewelers and they gave estimates, and even these estimates show that the FMV could be over $950. I usually like you TMZ, but this was just sloppy reporting.

1257 days ago
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