Upper Deck has filed a civil lawsuit against a North Carolina man and 20 unnamed co-defendants, alleging that the defendant, a former employee at the company’s redemption facility in the Tar Heel State, stole hundreds of trading cards estimated to be worth at least $500,000.
The lawsuit, filed in the General Court of Justice, Superior Court Division in Durham County on Sept. 19, accused Adrian Edward Fronczak, who was an associate redemptions manager for Upper Deck, of civil liability of theft by an employee. The complaint also alleges that Fronczak was guilty of “computer trespass, conversion, unfair and deceptive trade practice, unjust enrichment and civil conspiracy.”
Upper Deck is seeking a jury trial and monetary damages, adding that Fronczak’s alleged conduct was “unethical, immoral, unscrupulous and deceptive,” court documents state. The company also wants an injunction to prevent Fronczak from further converting Upper Deck’s property and to “disgorge” his “ill-gotten gains” he allegedly received. Upper Deck also wants all stolen property returned and for Fronczak to pay restitution.
While the company’s headquarters are in Carlsbad, CA, Upper Deck operates distribution and fulfillment centers in its North Carolina office, a newer building it began leasing in 2021. It’s one of four tenants that lease space in the office park.
According to the civil complaint, Fronczak, 28, of Wake Forest, North Carolina, was hired on May 20, 2024, by Upper Deck as an associate redemptions manager for the company’s facility in Durham. Because of his job, Fronczak allegedly had access to “loose” trading cards that were part of Upper Deck’s redemption and replacement card programs.
Additionally, Fronczak allegedly had “ready access” to Upper Deck’s trading card inventory at the Durham warehouse to fulfill his job duties, court documents stated. The cards ranged in value from a few dollars to “several hundred dollars,” plus many “high value cards”— especially autographed or rookie cards — that Upper Deck claimed were worth “thousands or even tens of thousands of dollars.”
The lawsuit states that Fronczak allegedly began stealing trading cards “immediately” after starting his job. His alleged theft had continued for approximately two months when Upper Deck received a tip that Fronczak was potentially selling “unauthorized product” to customers.
Upper Deck then launched a private investigation and then contacted the Durham Police Department. Police conducted their own investigation and arrested Fronczak on Aug. 20, charging him with felony embezzlement. Upper Deck terminated Fronczak’s employment after his arrest.
During its investigation, Upper Deck said it obtained text messages between Fronczak and alleged buyers — including photographs of some of the stolen cards, court records show. The defendant did not sell the items through public sites like eBay, but was making transactions via PayPal and other mobile payment services.
Upper Deck added that it obtained PayPal transaction from one buyer who purportedly sent $60,000 for cards between June 2024 to August 2024.
Upper Deck did not list any specific cards that it’s accusing Fronczak of stealing.
Fronczak was released the same day of his arrest after posting a $100,000 appearance bond, according to a Durham Police Department arrest report. A trial date has not been set; Fronczak waived his right to a probable cause hearing but a disposition hearing is scheduled for Nov. 6, the report stated. On Aug. 27, he also waived his right to an assigned counsel, the police report stated.
Before his arrest, Fronczak allegedly told Upper Deck officials in a videotaped interview that “no one else was involved” when he was confronted about the theft of the cards. However, he also “refused to fully admit” that a theft had occurred, stating that he was “uncomfortable to reveal more than he already had.”
According to court documents, Fronczak allegedly stole the cards by either leaving the premises with the cards hidden in his clothing, or by using Upper Deck’s computer system “in an unauthorized fashion” to ship stolen cards to himself or to suspecting or unsuspecting customers.
Upper Deck stated in court documents that while the full extent of Fronczak’s alleged theft is unknown, the company’s investigation documented at least 319 cards stolen, with a value of approximately $189,115. Upper Deck added that Fronczak was suspected of stealing “hundreds of more cards” with a total value of more than $500,000.
“The purpose of Fronczak’s brazen theft was to harm Upper Deck and unjustly enrich himself,” court documents state.
Upper Deck demanded the return of the cards, but Fronczak allegedly refused to return them, according to the complaint.
The company added that Fronczak’s alleged actions resulted in “an unjust enrichment … under circumstances where it would be inequitable” for him “to utilize, enjoy or retain that property” without Upper Deck being compensated.
In addition to a jury trial and demanding the return of the cards, Upper Deck is seeking treble damages and attorney’s fees for the alleged violation of North Carolina’s Unfair Trade Practices Act.
The company is also seeking an entry of judgment for monetary damages to all claims.
