Michigan’s new organized crime retail law

Under Michigan law, when a person steals property of the store that is offered for sale it is considered a criminal offense. Michigan has had various laws prohibiting such activity over the years and depending on the severity of the theft, the crime can be either a misdemeanor or a felony.

In recent times there has been an interesting and alarming development in theft or shoplifting cases both in Michigan and nationally.

Specifically some thieves have become more ‘sophisticated’ and are engaging in what is commonly referred to as ‘organized retail crime.’

The National Retail Federation defines this new type of activity as referring to groups, gangs and sometimes individuals, who are engaged in illegally obtaining retail merchandise through both theft and fraud in substantial quantities as part of a criminal enterprise. These crime rings generally consist of ‘boosters’ — who methodically steal merchandise from retail stores, and ‘fence operators’ who convert the product to cash or drugs as part of the criminal enterprise. Their most recent survey shows that 96 percent of the retailers consulted say they were the victim of organized retail crime. It is estimated that nationally, retailers are losing upwards of $30 billion per year. 

A wide range of consumer goods are being stolen. For example, police sources say that Tide detergent is a popular target these days because it is compact, expensive and easy to sell on the streets for profit. Its street name is ‘Liquid Gold.’

On March 31, 2013 Michigan became the latest state to have a law to address this problem when the ‘Organized Retail Crime Act’ became effective. This new law makes such activity a five year felony. 

The elements of organized retail crime are defined in the statute and further provides for eight different and very inclusive ways that a ‘person’ (defined as including almost every type of entity) can be guilty of the offense.

The law also provides for an organized retail crime advisory board. 

There are a number of recent reports (including videos) on organized retail crime available on the internet.

(tctimes.com )

Journal-Times (Grayson, KY)

April 3, 2013

Organized crime, drug charges among indictments

Journal-Times

April 3, 2013 —     A Carter County grand jury handed down five indictments March 22.
    Jacob Seagraves, 22, and Heather M. Krause- Brown, 27, both of Grayson, and James Canty, IV, 27, of Detroit, Mich., were indicted on one count of engaging in organized crime, a Class B felony, and  one count of first degree trafficking in a controlled substance, heroin, a Class D felony.
    The three were arrested Jan. 11 when a search warrant was served on the residence where they were staying.
    At that time, the three were charged with trafficking in a controlled substance and engaging in organized crime.
    Nearly two months later, on March 2, Grayson police were called back to the same residence by a maintenance worker.
    The residence had been empty since the three were arrested in January. While cleaning the mobile home for a new renter, the man found a bag of what he believed to be drugs in the refrigerator.
    Grayson police said the substance was heroin which led to the possession charges. The case was bound over to the grand jury March 18.
    Also indicted were:
     Dustin L. Cox, 30, of Carter County, on one count of manufacturing methamphetamine, a Class B felony.
    James Conn, of Olive Hill, on one count of receiving stolen property, a 2008 Jeep of a value greater than $10,000, a Class C felony.
    The indictment of a person by a grand jury is an accusation only and that person is presumed innocent until proven guilty.

(Journal-times)