Upper Deck, a renowned name in the sports and entertainment collectibles industry, has filed a civil lawsuit against a former employee, alleging the theft of hundreds of trading cards valued at over $500,000. The lawsuit was submitted on September 19 in the Superior Court Division of Durham County, North Carolina.
Details of the Allegations
The defendant, 28-year-old Adrian Edward Fronczak of Wake Forest, North Carolina, previously served as an associate redemptions manager at Upper Deck's facility in Durham. According to court documents, Fronczak was hired on May 20, 2024, and was responsible for handling "loose" trading cards intended for the company's redemption and replacement programs. These cards varied significantly in value, ranging from a few dollars to several thousand, particularly autographed and rookie cards.
Upper Deck alleges that Fronczak began misappropriating trading cards almost immediately after his employment commenced. The company became suspicious after receiving a tip that he was potentially selling unauthorized products to customers. An internal investigation was launched, leading Upper Deck to involve the Durham Police Department.
Arrest and Legal Proceedings
On August 20, Fronczak was arrested and charged with felony embezzlement. He was released the same day after posting a $100,000 bond. Court records indicate that he waived his right to a probable cause hearing, and a disposition hearing is scheduled for November 6. Fronczak also waived his right to assigned legal counsel on August 27.
Evidence and Claims
Upper Deck's investigation reportedly uncovered text messages between Fronczak and potential buyers, including photographs of some of the allegedly stolen cards. Transactions were conducted privately using payment platforms like PayPal, rather than public marketplaces such as eBay. One buyer provided records indicating payments totaling $60,000 between June and August 2024.
The company estimates that at least 319 cards, valued at approximately $189,115, were taken. They believe the total number of cards involved could be higher, with a cumulative value exceeding $500,000.
Legal Actions Sought
Upper Deck is pursuing several legal remedies:
- Monetary Damages: Seeking compensation for the alleged theft and associated losses.
- Injunction: Requesting a court order to prevent Fronczak from further disposing of the company's property.
- Restitution and Return of Property: Demanding the return of all allegedly stolen cards and any profits derived from their sale.
- Treble Damages and Attorney's Fees: Under North Carolina's Unfair Trade Practices Act, the company seeks to triple the damages awarded and recover legal costs.
Company Statement
Upper Deck has not publicly commented beyond the details outlined in the lawsuit. The company asserts that Fronczak's actions were intended to harm Upper Deck and unjustly enrich himself. Despite demands, he has allegedly refused to return the property.
Implications for the Collectibles Industry
This case highlights the challenges companies face in safeguarding valuable inventory, particularly in industries dealing with high-demand collectibles. The outcome may influence how businesses implement security measures and address internal risks related to employee access.
Collectors and industry observers are watching the case closely due to the significant value of the items involved and the potential impact on the trading card market.
Next Steps
As the legal process unfolds, more details may emerge regarding the extent of the alleged theft and its repercussions on Upper Deck. The case's outcome could set precedents affecting internal security practices within the collectibles industry.
The allegations against Fronczak represent a significant legal challenge for Upper Deck, emphasizing the importance of stringent security measures in the handling of high-value collectibles. The industry will be keenly observing the proceedings for any broader implications.