It is a common misperception that if one receives stolen property, such as a credit card, one can use it without incurring criminal liability if he or she has a good faith belief that the credit card was a gift. After all, the recipient of the card did not steal it from anyone. This is not always so, as the recent decision in People v. Holmberg from Northern California shows (People v. Jon Holmberg (2011 DJDAR 7665).

In May, 2008, someone burglarized a store in the city of San Jose, California. The burglar(s) stole credit cards, a small amount of cash, eight computers and a few computer monitors.

Later that day, Jon Holmberg used one of the credit cards at a Taco Bell and a 7-Eleven. The next day, the same credit card was used at two Target stores. Defendant and his girlfriend appeared on surveillance videos of the transactions at Target. Three days later, he used another one of the stolen credit cards to pay his sister’s cell phone bill.

About a month later, Holmberg logged onto the Internet using one of the computers. Software in the computer caused it to log onto the store’s network and the store was then able to examine the stolen computer’s hard drive remotely, finding the resume of Holmberg’s sister, with her address on it.

About three weeks later, the San Jose Police Department executed a search warrant at the address on the resume, Holmberg’s home, and found many of the items stolen from the store. Holmberg admitted to using the credit cards and having the stolen computers and later selling them on Craigslist, but denied participating in the burglary. He said a friend brought the computers, credit cards and monitors over to his house about two months earlier. His friend said he received the items from another friend who Holmberg could not identify.

Holmberg was later charged and pled no contest to concealing stolen property (a violation of Penal Code