My mom was recently empaneled on a jury in Louisiana in a shoplifting case. The defendant was an idiot (he aroused suspicion because in New Orleans, on July 13, he was wearing sweatpants with jeans on top), but his attorney perhaps more so. Apparently, store security stopped him as he was leaving and found the stolen merchandise on his person (some cell phones and other electronics). He had taken the merchandise from its packaging, but had not otherwise damaged it.
The defense attorney said during the trial, "So, we can agree that K-Mart didn't lose any money because they resold, I mean, they sold the merchandise."