Allston man pleads not guilty to leading Waltham ‘refund fraud scheme’

Anthony L Gallardo Aguirre, 20, of 8 Seattle St., Allston, pleaded not guilty to conspiracy at an arraignment on Oct. 9.

According to the police report, Waltham police responded to a report of refund fraud at BJs Wholesale at 66 Seyon St. on Jul. 22.

The police report also said an assistant manager and assistant loss prevention manager at the store told responding officers that footage from store cameras caught an employee completing multiple refund transactions by scanning receipts given to him by another employee without the corresponding merchandise present, placing the refunded money next to the cash register.

The police report also said the assistant loss prevention manager explained the employee who completed the refunds would place the refunded money next to the cash register and at a later time another employee would retrieve the money previously set aside. The loss prevention manager identified this employee as Gallardo Aguirre and provided officers with four receipts Gallardo Aguirre allegedly used between June 20 and to June 30 totalling $200.01. 

The two managers informed officers that they placed Gallardo Aguirre on leave and filed a police report about the incident on June 6.

The police report also said that police responded to the same location on July 22 following a report that another employee completed fraudulent refunds for Gallardo Aguirre. 

The assistant loss prevention manager provided officers with three more receipts totalling $123.77 that Gallardo Aguirre allegedly gave to the second employee to refund for him.

According to the police report, Gallardo Aguirre appeared to be the leader of the group and the three parties gained a total of $781.19 from the alleged fraudulent scheme.

Gallardo Aguirre is scheduled to appear at Waltham District Court for a pretrial hearing on Nov. 20.

Additional court actions

Waltham District Court Judge Ellen M. Caulo ordered Nicholas Anthony Toppi, 46, homeless, held without bail at the Middlesex Jail following an arraignment on Oct. 9. Waltham Police arrested Toppi on a warrant for three counts of larceny under $1,200, attempting to commit a crime and two counts of larceny from a building at 11:01 p.m. on Oct. 8. Toppi was additionally charged with burglary and possession of a class B drug upon his arrest. Toppi is scheduled to appear at Waltham District Court for a hearing to review status on Oct. 17.

Waltham District Court Judge Sharon Lalli rescheduled an Oct. 15 probable cause hearing for Selvin D. Ventura-Flores, 29, of 626 Moody St., Waltham. Ventura-Flores pleaded not guilty to unlicensed operation of a motor vehicle, possession of a class B drug, larceny from a person and intimidating a witness, juror, police or court official, at an arraignment on July 7. He is scheduled to appear at Waltham District Court for a pretrial hearing on Dec. 10.