I spent quite some time researching this, and the NJ laws, so I'll do a tiny bit of spamming my own article as to why he might be found guilty. Mind you I don't think he cheated personally (seems more like an angle shot to me), but the way the NJ statutes are written it appears they have a case. it's not a slam dunk but they certainly have enough to move forward.

http://www.4flush.com/opinion/is-phi...rsey-law/16809

I'd liken it to calling a store and asking about their policy when items do not have price tags, and then looking for stores you can exploit by easily brushing the price tags off.