H.R. 6491 would amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged nationally and internationally in organized crime involving theft and interstate fencing of stolen retail merchandise.
Detailed Summary
Organized Retail Crime Act of 2008 - Amends the federal criminal code to define "organized retail crime" as: (1) the stealing, embezzlement, obtaining by fraud, false pretenses, or other illegal means of retail merchandise in quantities that would not normally be purchased for personal use or consumption for the purpose of reselling or otherwise reentering such retail merchandise in commerce; or (2) the recruitment of persons to participate in such criminal activities.
Modifies the crime of transporting and selling or receiving stolen goods to include activities involving organized retail crime and the facilitation of such crime through the operation of an online marketplace.
Expands the crime of fraud involving access devices to include the use of gift cards, a Universal Product Code label, or a radio frequency identification transponder to obtain goods or services illegally.
Imposes reporting and other requirements on operators of online marketplaces and high volume (at least $12,000 annually) sellers relating to the sale of goods and services suspected of being acquired through organized retail crime.
Requires the U.S. Sentencing Commission to review and, if appropriate, amend its guidelines for persons convicted of offenses involving organized retail crime.
Provides for civil forfeiture of any property used to commit or facilitate organized retail crime.
Allows a business whose goods or services were sold or used in the facilitation of organized retail crime through the operation of an online marketplace to obtain injunctive relief and compensatory damages.
Status of the Legislation
Latest Major Action: 7/15/2008: Referred to House committee. Status: Referred to the House Committee on the Judiciary.
Points in Favor
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Points Against
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Visitor Comments
teknosapien
So where are the real numbers, not the ones provided by the lobbyists but the actual numbers?
Come on guys your supposed to work for us not business
DavidB
Who are the fat cat legislators supporting this despite it's decided anti-consumer intent?
Chris
As an LP Professional, I feel this bill would help to detur the 2 and 3 thousand dollar cases we see in our Department Store chain on a weekly basis.
Rob
We are working half a million to million dollar cases trying to stop e-fencing! This bill of course helps deter the over 30 billion a year loss from ORC (and yes those numbers are real), but it does help the consumer as well. If this merchandise was purchased legitimately, can you calculate how much that would bring in tax revenue alone to the communities? Also, the people doing the actual stealing for these fences are not just thieves. They are usually into guns, drugs, etc. Are these the people with whom you want to shop side by side? I would like to feel safe when I shop at the local retailers. The only people this bill affects are the ones dishonestly selling merchandise online. So if you are a legitimate seller you should have nothing to worry about.
John Heuser
Careful! Bills like this may be disguised efforts by big retail conglomerates to attack online businesses, who are their natural competitors.
no
Whaaa! Whaaa! I can't compee with the intarwebs! Someone legislate me some laws and let me blame eBay for the fact that people shoplift!
People don't shoplift to sell stuff on eBay because they're addicted to selling stuff on ebay. Legitimate people sell legitimately owned merchandise. Criminals steel and fence things wherever they can. There are already laws against stealing.
These loss preventing and corporate idiots can eat a d1ck.