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You can still sue him and the level of guilt is typically much lower.
I have had that same thing happen to me in my hobby shop. Fuck I even found half my shit in the guys room that he stole, still with my price tags on it. His room mate let me know and I went and took some pics and video. Gave it to the cops and they got the stuff. Ended up dropping the case, again major evidence. Then to top it off - they gave the shit back to him.
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