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Upper Deck, a prominent sports and entertainment collectibles company and the official trading card partner of the NHL, has filed a civil lawsuit against a former employee, alleging the theft of hundreds of trading cards valued at an estimated $500,000.
The lawsuit was submitted on September 19 in the Superior Court Division of Durham County, North Carolina. The defendant, Adrian Edward Fronczak, a 28-year-old resident of Wake Forest, North Carolina, previously served as an associate redemptions manager at Upper Deck's Durham facility. The complaint accuses Fronczak of civil liability for theft by an employee, as well as allegations of computer trespass, conversion, unfair and deceptive trade practices, unjust enrichment, and civil conspiracy.
Upper Deck is seeking a jury trial and monetary damages. The company is also requesting an injunction to prevent Fronczak from further converting Upper Deck's property and to recover any gains he may have received from the alleged actions. Additionally, Upper Deck demands the return of all purportedly stolen property and restitution for losses incurred.
While headquartered in Carlsbad, California, Upper Deck operates distribution and fulfillment centers in Durham, North Carolina, occupying space in a facility they began leasing in 2021.
Allegations Detailed in the Lawsuit
According to court documents, Fronczak was hired on May 20, 2024, as an associate redemptions manager. His role allegedly provided him with access to individual trading cards intended for Upper Deck's redemption and replacement programs. The cards varied in value, ranging from a few dollars to several thousand dollars, particularly autographed and rookie cards.
The lawsuit claims that Fronczak began misappropriating trading cards shortly after his employment commenced. Upper Deck became aware of potential irregularities after receiving a tip that Fronczak might be selling unauthorized products to customers. Following an internal investigation, the company contacted the Durham Police Department.
On August 20, Fronczak was arrested and charged with felony embezzlement. He was released the same day after posting a $100,000 bond. Court records indicate that he waived his right to a probable cause hearing, with a disposition hearing scheduled for November 6.
Upper Deck's investigation allegedly uncovered text messages between Fronczak and potential buyers, including photographs of the cards in question. The company asserts that transactions were conducted privately using payment platforms like PayPal, rather than public marketplaces such as eBay. One buyer reportedly provided PayPal records indicating payments totaling $60,000 between June and August 2024.
The company estimates that at least 319 cards, valued at approximately $189,115, were taken. Upper Deck believes that the total number of cards involved could be in the hundreds, with a cumulative value exceeding $500,000.
Legal Actions and Demands
Upper Deck is pursuing several legal remedies:
The lawsuit states that Fronczak's actions were intended to harm Upper Deck and unjustly benefit himself. Despite the company's demands, he has allegedly refused to return the property.
Next Steps in the Legal Process
As the case proceeds, a jury will potentially hear the allegations and determine liability. Fronczak has not publicly commented on the lawsuit, and it is unclear if he has retained legal representation following his waiver of assigned counsel on August 27.
Implications for the Collectibles Community
This case highlights the challenges companies face in safeguarding valuable inventory, especially in industries dealing with high-demand collectibles. The outcome may influence how companies implement security measures and address internal risks related to employee access.
Collectors and industry observers will be watching the case closely, given the significant value of the items involved and the potential impact on the secondary market for trading cards.
