Organized retail crime

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Organized retail crime (ORC) refers to professional criminal enterprises ranging from regional gangs to international crime rings and other organized crime focussing on retail environments. Operations include truckjacking, shoplifting, smash and grab, cargo theft, and cargo diversion. One person acting alone is not considered an example of organized retail crime. Working in teams, some create distractions while others steal items judiciously, indiscriminately or violently. Often, they are stocking up on specified items at the request of the organized crime or gang leader. It is not uncommon for the criminals to have accomplices working in the retail store or corporation. [1] [2]

Contents

The FBI estimated in 2010 that the losses attributed to organized retail crime were as high as $30 billion a year. [3]

United Kingdom

In the UK, respondents to the British Retail Consortium's annual crime survey for the financial year 2013-2014 estimated that organized retail crime accounted for 40% of all shop thefts. [4]

Canada

The Retail Council of Canada claimed in 2023 that organized retail crime "costs Canadians retailers around $5 billion per year." [5]

Australia

The National Retail Association says: "Individuals are often assumed to be working alone when shoplifting however, commonly they are not working alone but with others who create distractions whilst goods are stolen, in order to meet the requirements of the crime ring leader". [6]

United States

Organized retail crime rose by 2023, when Nordstrom, [7] Macy’s, and Old Navy [8] all publicized major organized shoplifting activity. Target claimed in September 2023 that theft and organized retail crime helped drive its $500 million decrease in annual profits. Some store branches of major chains were closed. [9]

Theft had risen to $70 billion in 2020, according to the Retail Industry Leaders Association (RILA). A pattern emerged of crime rings consisting of two parts--persons who would steal a high volume of goods from multiple stores, and others who would sell the stolen goods, sometimes via online marketplaces, converting them into cash. Walmart and Amazon posted banners on their websites asking their customers to report products for sale on other sites that they believed to have been stolen, in line with a new U.S. law that went into effect in June 2023. [10]

However, the National Retail Federation (NRF) said that same month that the effect of theft on retailers’ bottom lines was about the same as in previous years, with total retail shrinkage at $112 billion in 2022 (1.55% of sales), up from $93.9 billion (1.44% of sales) in 2021. External theft, including organized retail crime, represented 36% of losses, versus 37% in 2021. Other contributors were employee/internal theft (29%), and process/control failures (26%). [11]

From 2022 through August 2023, 9 U.S. states passed laws to impose harsher penalties for organized retail crime offenses. [12]

California made organized retail theft a distinct crime. [13] In 2024, California lawmakers proposed expanding penalties for individuals involved in organized retail theft. [14]

Notable cases

In early 2008 in Florida, a single shoplifting investigation turned up a massive organized enterprise. Operating for at least five years, criminals had stolen up to $100 million in medicine, health and beauty goods. [15]

Texas FBI agents pulled over a rental truck, leading them to $2.7 million in stolen assets. The goods included $1 million in stolen baby formula that was stored in rodent-infested garages with no temperature control. [16]

In January 2013, in Pennsylvania, West York Police (York County) announced the arrest of over 130 people and the organizer of a major organized retail crime ring in which the individuals targeted over 90 stores at over 300 locations in 5 counties in Pennsylvania and 2 counties in northern Maryland, with an estimated loss to retailers at $1 million.

In December 2023, Michelle Mack was arresrted in the San Diego area as the alleged "queenpin" of a retail crime empire centered on shoplifting. [17]

Current US legislation

Civil demand letter, which third party collection companies/ lawyers mail to people who are caught shoplifting from retailers Civil demand letter.jpg
Civil demand letter, which third party collection companies/ lawyers mail to people who are caught shoplifting from retailers

On July 15, 2008, Reps. Brad Ellsworth, D-Indiana, and Jim Jordan, R-Ohio, introduced the Organized Retail Crime Act of 2008 [18] that would make it a felony to engage in activities that further organized retail crime. Specific and narrow obligations upon on-line marketplaces known to be used by high-volume sellers of stolen merchandise are also included to benefit legitimate online businesses. [19]

On August 1, 2008, Sen. Dick Durbin, D-Ill. introduced the Combating Organized Retail Crime Act of 2008 that would give law enforcement the ability to prosecute, among other things.

In January 2023, Sen. Chuck Grassley, R-Iowa, and Sen. Catherine Cortez Masto, D-Nevada, introduced the Combating Organized Retail Crime Act (S. 140), which would update current federal criminal penalties related to organized retail crime and establish a new law enforcement coordination center within Homeland Security Investigations at the Department of Homeland Security to improve coordination between federal, state and local law enforcement agencies. Companion legislation was introduced later in 2023 in the House of Representatives (H.R. 895), sponsored by Reps. Ken Buck, David P. Joyce, Susie Lee and Dina Titus is co-sponsored by nearly 70 other representatives. This legislation is supported by the NRF and other retail industry groups. [20]

In December 2023, NRF retracted a claim it had made in April that "nearly half" of retail inventory shrinkage in 2021 was attributable to ORC. Data actually showed that 37% of shrinkage was attributable to all external theft, not limited to ORC. [21]

Multi-national crime

Some criminal organizations are multi-national (or trans-national) with operations in and between several different countries. [22] ACAMS, Largest International Financial Crime Prevention Community Worldwide, has said: “Organized retail crime (ORC) is a low-risk, high-reward business line for transnational criminal organizations’ portfolios, that presents a significant financial and public safety risk". [23] . They indicate that one type of operation is for criminal operatives to smuggle destitute people into a country and have them pay for their transport by conducting directed retail shop lifting, often moving from city to city.

Related Research Articles

<span class="mw-page-title-main">Theft</span> Act of taking anothers property without consent

Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. A person who engages in theft is known as a thief.

<span class="mw-page-title-main">Shoplifting</span> Theft of goods from a retail establishment

Shoplifting, shop theft, retail theft, or retail fraud is the theft of goods from a retail establishment during business hours, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items from the store and leave the store wearing the clothes. The terms shoplifting and shoplifter are not usually defined in law. The crime of shoplifting generally falls under the legal classification of larceny. Shoplifting is distinct from burglary, robbery, or armed robbery. In the retail industry, the word shrinkage can be used to refer to merchandise lost by shoplifting, but the word also includes loss by other means, such as waste, uninsured damage to products and theft by store employees.

<span class="mw-page-title-main">White-collar crime</span> Financially motivated nonviolent crime committed by business and government professionals

The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a crime committed by a person of respectability and high social status in the course of their occupation". Typical white-collar crimes could include wage theft, fraud, bribery, Ponzi schemes, insider trading, labor racketeering, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery. White-collar crime overlaps with corporate crime.

<span class="mw-page-title-main">Retail loss prevention</span> Practices to reduce loss of goods in retail stores

Retail loss prevention is a set of practices employed by retail companies to preserve profit. Loss prevention is mainly found within the retail sector but also can be found within other business environments.

<span class="mw-page-title-main">Fence (criminal)</span> Person who knowingly buys stolen goods in order to later resell them for profit

A fence, also known as a receiver, mover, or moving man, is an individual who knowingly buys stolen goods in order to later resell them for profit. The fence acts as a middleman between thieves and the eventual buyers of stolen goods who may not be aware that the goods are stolen.

A store detective is a member of loss prevention whose main role is to prevent and detect theft and reduce shrink in retail outlets. They do this by patrolling the store in plain clothes looking to identify members of the public who are stealing from the store. More common terms today with major retailers are loss prevention agent, detective or investigator and asset protection officer. Special officer, once common, is now rarely used, as it is typically denotes some form of law enforcement authority, and some jurisdictions limit its use.

Civil recovery is the method in some legal systems employed to recover the proceeds of crime, instead of, or in addition to, criminal court proceedings.

Racketeering is a type of organized crime in which the persons set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation to repeatedly or consistently collect a profit. Narrowly, it means coercive or fraudulent business practices; broadly, it can mean any criminal organization with ongoing profit, as defined in the 1970 U.S. RICO Act, which aimed to curtail the power of the Mafia and other organized crime.

A money mule, sometimes called a "smurfer", is a person who transfers money acquired illegally, such as by theft or fraud. Money mules transfer funds in person, through a courier service, or electronically, on behalf of others. Typically, the mule is paid for services with a small part of the money transferred. Money mules are often recruited on-line under the guise of legitimate employment, not aware that the money they are transferring is the product of crime. Similar techniques are used to transfer merchandise illegally.

Property crime is a category of crime, usually involving private property, that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime is a crime to obtain money, property, or some other benefit. This may involve force, or the threat of force, in cases like robbery or extortion. Since these crimes are committed in order to enrich the perpetrator they are considered property crimes. Crimes against property are divided into two groups: destroyed property and stolen property. When property is destroyed, it could be called arson or vandalism. Examples of the act of stealing property is robbery or embezzlement.

<span class="mw-page-title-main">Shrinkage (accounting)</span> When a retailer has fewer items in stock than in the inventory list

In accounting, shrinkage or shrink occurs when a retailer has fewer items in stock than were expected by the inventory list. This can be caused by clerical error, or from goods being damaged, lost, or stolen between the point of manufacture and the point of sale. High shrinkage can adversely affect a retailer's profit.

The National Retail Federation (NRF) is the world's largest retail trade association. Its members include department stores, catalog, Internet, and independent retailers, restaurants, grocery stores, multi-level marketing companies and vendors.

Return fraud is the act of defrauding a retail store by means of the return process. There are various ways in which this crime is committed. For example, the offender may return stolen merchandise to secure cash, steal receipts or receipt tape to enable a falsified return, or use somebody else's receipt to try to return an item picked up from a store shelf.

Retail leakage occurs when local people spend a larger amount of money on goods than local businesses report in sales, usually due to people traveling to a neighboring town to buy goods. Retail sales leakage occurs when there is unsatisfied demand within the trading area and that the locality should provide extra stores spaces for such type of businesses. After all, retail leakage does not necessarily translate into opportunity. For instance, there could be tough competition in a nearby locality that leads the market for same type of product. Many small - to medium-sized communities experience leakage of retail expenditures as local citizens drive to neighboring towns to shop at national retail chains or eat at national restaurant chains. Attracting such national retail chain stores and restaurants to a community can prevent this type of expenditure leakage and create local jobs.

Book store shoplifting is a problem for book sellers and has sometimes led stores to keep certain volumes behind store counters.

A flash rob, also known as a multiple offender crime or flash mob robbery, is an organized form of theft in which a group of participants enter a retail shop or convenience store en masse and steal goods and other items. Typically, store workers and employees in these cases quickly become overwhelmed by the large number of participants and cannot stop the theft.

A chief visibility officer (CVO) or director of visibility is an individual appointed to oversee all aspects of performance across retail stores, corporations or organizations as part of the C-Suite of executives. The role of the CVO emerged to manage the integration of ideas, disciplines, technologies and people focused on elevating retail enterprise visibility. The title is commonly associated with Retail Loss Prevention (LP) leaders and professionals who maintain the highest position in security management and maintain the security operations in the store to achieve a high level of visibility.

<span class="mw-page-title-main">2014 California Proposition 47</span> Reduction of some crimes to misdemeanours

Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.

<span class="mw-page-title-main">Package theft</span> Theft of a package or parcel

Package theft or cargo theft is the theft of a package or parcel. It can occur anywhere in the distribution channel.

<span class="mw-page-title-main">California nut crimes</span> Organised theft of nuts

California nut crimes refers to the organised theft of nuts in California. Reported cases of nut theft go as far back as 2006 with the worth of stolen nuts being millions of dollars. The thefts demonstrate a high level of sophistication, encompassing identity theft and a deep understanding of computer security and logistics.

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