Restaurant Workers Charged After Allegedly Using ChatGPT to Fake a Robbery Report

Two employees at an Ohio restaurant are facing criminal charges after police say they made a fake robbery report that prompted a large emergency response.

According to a release from the Elyria Police Department (EPD), officers were dispatched around 9:15 a.m. on Monday, Dec. 15, to Rubin’s Deli & Restaurant in Elyria, Ohio, after receiving calls reporting an active robbery involving multiple masked suspects.

As reported by local outlet Cleveland19, and per the police statement, police stated that officers responded immediately, dispatching all available patrol units and detectives due to the seriousness of the report and potential public danger.

However, when officers arrived within minutes, they found no signs of a robbery in progress. Customers were still seated inside the restaurant, and nothing appeared out of the ordinary.

A preliminary investigation determined the robbery report was entirely fabricated as part of a prank by two of the restaurant’s employees, the EPD reported in its release. Authorities later determined the hoax involved artificial intelligence–generated content, which they said reflects a social media trend.

The employees were quickly identified as Todd Durst, 45, and Luis Acevedo Jr., 40. Police said Durst remained at the scene and was taken into custody without incident. He was charged with swatting (a 4th degree felony), obstructing official business (a 4th degree felony) and inducing panic (a 1st degree misdemeanor), and was booked into the Lorain County Jail, where he’ll remain pending an initial court appearance.

Acevedo Jr. left the restaurant before officers arrived and has not been apprehended, per the police statement. Warrants have been issued for his arrest on the same charges, police stated. His vehicle was reportedly found at the scene, but authorities believe he fled the area while officers were speaking with other employees. Efforts to locate him are ongoing.

Police reported, in a patrol narrative report reviewed by PEOPLE, that Durst allegedly said he created an AI-generated image using ChatGPT and sent it to Acevedo Jr. who told police he then forwarded it to the business owner. Believing the robbery was real, based on the photo, which police say depicted masked suspects inside, the owner contacted the police. The image, which appeared to show a multi-camera security view with masked individuals wearing blue gloves, was uploaded to the police evidence management system, per the police narrative. 

“AI-generated hoaxes and social media prank trends involving fabricated emergencies are not harmless fun, they are criminal acts and have real-world consequences,” the department said in a statement to the press. “These false reports divert critical resources away from real emergencies, may endanger lives, and undermine public safety. Anyone involved in this type of behavior that violates state law will be arrested and prosecuted to the fullest extent.”