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PROVO — Two California men believed to be stealing baby formula from stores in multiple states — including several Macey's stores in Utah — are now facing numerous criminal charges.
From Wednesday through early Thursday afternoon, a total of seven cases — representing four thefts — had been filed in 4th District Court against Costel Fota, 55, and Ionel Fota, 30, both of Vallejo, California. The Utah County Attorney's Office said Thursday that additional charges were still being screened.
The two men stole baby formula from Macey's stores in Provo, American Fork, Spanish Fork and Pleasant Grove, and attempted to steal from a Macey's store in Millcreek and another store in Centerville "where they loaded baskets with thousands of dollars but were spooked by loss prevention agents following them," charging documents state. "These thefts were done within minutes of each other."
A theft at the Santaquin Macey's store was also investigated by police, the charges state. They were arrested following the theft at the Pleasant Grove store.
After the theft at the Pleasant Grove store, a search warrant was obtained by Pleasant Grove police for what charging documents describe as "the Romanian gang rental of an Airbnb house" while further stating "a witness saw a man in the Airbnb garage that pulled a gun from his waist and someone in the car said, 'No, no, no, no,'" according to charging documents.
Prosecutors say "the group may have stolen baby formula and merchandise from Elko, Nevada. Over 140 cans of baby formula were discovered. Also discovered was a notebook that appeared the group kept tabs of where and when the thefts took place," charging documents state.
The men would park their SUV near the front doors of Macey's stores, go into the store, "load a basket of baby food and merchandise, taking merchandise and leave the store without paying for the items," the charges state.
"Thieves are able to easily sell the stolen baby formula on the streets and it is practically impossible to track," according to the Utah County Attorney's Office. "Some merchants are choosing to lock up the baby formula to help combat the thefts. We encourage grocery stores to be aware of this trend and to notify their local law enforcement agency if they suspect they are a victim of this targeted theft."
Ionel Fota is charged in all cases with four counts of engaging in a pattern of unlawful activity, a second-degree felony; three counts of retail theft and two counts of burglary, third-degree felonies; retail theft, a class A misdemeanor; and four counts of engaging in criminal conspiracy, a class B misdemeanor.
Costel Fota is charged in total with three counts of engaging in a pattern of unlawful activity, a second-degree felony; three counts of retail theft and two counts of burglary, third-degree felonies; and three counts of engaging in criminal conspiracy, a class B misdemeanor.