Organized Retail Crime Act: New Law Allows Prosecutors to Charge Even Minor Theft as a Felony

Organized Retail Crime Act:

Effective March 31, 2013 prosecutors can charge you for felony retail fraud under the new “Organized Retail Crime Act.” Previously, a retail fraud, commonly known as shoplifting, must have involved merchandise valued at over $1000.00 to qualify as a felony. The new act is somewhat of a misnomer as it does not require you to act in conjunction with another person. Even if you act alone and steal something small like chap stick or a DVD can get you charged with a felony. The following activities constitute the new offense of “Organized retail crime:”

(a) Knowingly commits an organized retail crime.

(b) Organizes, supervises, finances, or otherwise manages or assists another person in committing an organized retail crime.

(c) Removes, destroys, deactivates, or knowingly evades any component of an antishoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing an organized retail crime.

(d) Conspires with another person to commit an organized retail crime.

(e) Receives, purchases, or possesses retail merchandise for sale or resale knowing or believing the retail merchandise to be stolen from a retail merchant.

(f) Uses any artifice, instrument, container, device, or other article to facilitate the commission of an organized retail crime act.

(g) Knowingly causes a fire exit alarm to sound or otherwise activate, or deactivates or prevents a fire exit alarm from sounding, in the commission of an organized retail crime or to facilitate the commission of an organized retail crime by another person.

(h) Knowingly purchases a wireless telecommunication device using fraudulent credit, knowingly procures a wireless telecommunications service agreement with the intent to defraud another person or to breach that agreement, or uses another person to obtain a wireless telecommunications service agreement with the intent to defraud another person or to breach that agreement.

If you or someone you know is charged with a retail fraud or organized retail crime, it is necessary to act fast with an experienced advocate to limit the effect of these charges. To retain Garmo &Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Larceny of a Motor Vehicle or Trailer is a more specific kind of larceny described in MCL 750.356a. Similarly to general larceny, the charge can be either a misdemeanor or a felony depending on your criminal history, the amount of property stolen, etc. The attorneys of Garmo & Kiste, PLC have experience working in all of the metro Detroit courts with the very judges, prosecutors, and city attorneys who may be assigned your case. Our attorneys can use this experience to negotiate the charges, arrange a plea agreement, or even get the charges dropped. In some cases if you are eligible we can work to get you sentenced pursuant to a diversionary program so that after a period of probation and good behavior, your record will be clean. This is important because when it comes to looking for a job or a new apartment even if you have the same qualifications as another candidate, if you have a criminal record it makes you less desirable to employers and landlords. This is one of those cases where investing in a good attorney is an investment in your future.

To retain Garmo & Kiste on these or other matters, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

Holidays Shop LiftingShoplifting has risen approximately 20% over the last several years in part because of the poor economy, with a spike in shoplifting and shoplifting arrests during the holidays.Simply put, more shoppers and shopping means more opportunity for shoplifting. And the items most stolen might surprise, such as expensive meat cuts, razors, and tooth brushes.

From the Detroit Free Press:

Police departments across Metro Detroit will be on guard against shoplifters during the holiday shopping season. Many local Police for example, will step up patrols around shopping centers, and vendors will increases security efforts.

Under Michigan law, shoplifting is considered retail fraud. Charges for the crime range from first to third degree, depending on the severity and the value of the stolen items.

Caught Shoplifting Michigan? For more information about the Michigan Retail Fraud laws and to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

Read our detailed article on Retail Fraud using the link below:

From The Detroit News:

From the Detroit Free Press:

Examples of Retail Stores Our Firm Typically Deals With:

Kohls, GM Renaissance Center, Laurel Park Place, Southland Center, Oakland Mall, twelve oaks mall, Partiage Creek, Great Lakes Crossing, Somerset Collection, Lakeside Mall, abercrombie, Abercrombie & Fitch, aerie, Aéropostale, ALDO,American Eagle Outfitters, Bath & Body Works, bebe, Body Shop, The, Brookstone, Buckle, Caché, Champs Sports, Charlotte Russe, Christopher & Banks, Claire’s, Disney Store, Express, f.y.e., Finish Line, Foot Locker, Forever 21, GNC, GUESS, Gymboree, H&M, Helzberg Diamonds, Hollister Co., Hot Topic, Ice Age, Icing, J.B. Robinson Jewelers, JCPenney, Johnston & Murphy, Journeys, Justice, Kay Jewelers, Lady Foot Locker, Leather City, LensCrafters, Lids, Limited, The, Lord & Taylor, Macy’s, Men’s Wearhouse,Merle Norman,Motherhood Maternity, Naturalizer Shoes, New York & Company, PacSun, Payless ShoeSource, Perfumania, Prestige Jewelers, Ritz Camera, rue21,Sears, SoHo, Spencer’s, stride rite, Sunglass Hut, Tapper’s Gold Exchange, Teavana, Things Remembered, Torrid, Toys”R”Us,Trade Secret, Underground Station, Vanity, Victoria’s Secret, Vitamin World, Wet Seal, Windsor, Yankee Candle, Zales Jewelers, Zumiez, Allen Edmonds, Ann Taylor, Anthropologie, Apple, Arden B., AX Armani Exchange, babyGap, Bachrach, Banana Republic, Bare Escentuals, BCBG Max Azria, bebe, Betsey Johnson, Brighton Collectibles, Brooks Brothers, Brookstone, Build-A-Bear Workshop, Burberry, Cache, Coach, Cole Haan, Crate & Barrel, Crocs, EB Games, Eddie Bauer, Meijer, Whole Foods, Trader Joes’, Express/Expressmen, Foot Locker, For Love 21, Fossil, Franklin Covey, Free People, Gap,GapKids, Gucci, Guess, J. Crew/crewcuts , Janie and Jack, Johnston & Murphy, Juicy Couture, kate spade new york, L’Occitane, Lacoste, Lego, Levi’s Store, Lilly Pulitzer, LOFT, Louis Vuitton, Lucky Brand Jeans, lululemonathletica, Lush, M.A.C., Madewell, Marmi, MaxAzria, MaxMara, Michael Kors, Montblanc, Needle & Thread, Neiman Marcus, Nine West, Nordstrom, OMEGA, Origins, Pacific Sunwear, Pandora, Papyrus, Paradise Pen Company, Pottery Barn, Pottery Barn Kids, Ralph Lauren, Restoration Hardware, Saks Fifth Avenue, SEE Eyewear, Sephora, Soma Intimates, Somerset Collection, St. Croix, Steve Madden, Stride Rite, Stuart Weitzman, Swarovski, Talbots | Talbots Petites,Wal-Mart, CostCo, GolfSmith, REi, PetCo, PetsMart, Kmart, Mc Sporting Goods, Sam’s Club, The Art of Shaving, The Body Shop, The Detroit Shoppe, The Limited, The North Face, The Walking Company, Tiffany & Co., Tommy Bahama, Tory Burch, Tourneau, True Religion Brand Jeans, Tumi, Vera Bradley, Victoria’s Secret, White House/Black Market, Williams-Sonoma, Wolford, OfficeMax, Office Depot, Barnes & Noble, Old Navy, TJmaxs, Marshalls, Tanager Outlet Mall, Home Goods, staples, Bed bath and beyond, Walmart, DSW, Ulta, Family Christian Stores, GameStop, ABC warehouse, RadioShack, Pier One, Dick’s Sporting Goods, Jo Ann Fabrics, Michaels, Target, Dots, universal mall, northland mall, Biglots, CVS, RiteAid, Walgreens, Fairlane Mall, Fountain Walk mall, Southland Center, Value City furniture, Art van Furniture, Hobby Lobby, Best Buy, Burlington Coat Factory, IKEA, Summit Palace Mall, Home Depot, Lowes,