There is no such thing as a victimless crime. Even small crimes can create bigger issues that have a much broader impact.
For example, retail crimes. Theft from a store is often seen as only hurting a corporate monster that can afford to lose a couple hundred dollars. But retailers are the second biggest employer in the United States. In fact, in 2022 the retail sector accounted for more than 55 million jobs and 26 percent of total U.S. employment. Retail is the lifeblood of our communities—it is where we live, work, and shop—so any retail crime will naturally affect more than just the retail company.
That’s why all you have to do to see the effects of this so-called “victimless crime” is to scroll through any news feed. Reports from across the nation show closed stores, increased crime and violence, and decreased prosperity.
But retail theft isn’t where it starts or ends. Instead, it is a result of other circumstances and drivers. As the Retail Industry Leaders Association (RILA) said, “Retailers recognize that theft and associated violence are often symptoms of larger societal issues like addiction, homelessness, and mental health.”
The cause is a broken society plagued by addiction, mental illness, and opportunistic criminals. It is one where lawlessness and crime are perpetuated because there are no consequences for the bulk of opportunistic offenders.
Bringing Retail Crime to Court
But what can be done to tackle not just the immediate threats, but the forces behind them?
ALTO is a company trying to negate those forces. They partner with businesses, prosecutors, and law enforcement agencies across the country to reduce retail crime and increase community safety through appropriate accountability. Their goal is to improve retail safety by supporting each step of the post-incident process.
It all starts after the arrest. ALTO helps with the entire post-incident process to ensure cases proceed effectively. This includes providing support in the investigation and prosecution, gathering evidence, working closely with retailers’ LP/AP teams, and working with local law enforcement and the district attorney’s office to enhance collaboration and follow-through.
According to Capital One Shopping, retail stores identify instances of shoplifting only about two percent of the time, significantly hindering efforts to hold repeat offenders accountable. This low detection rate is a critical factor in the broader issue of retail crime, as many cases ultimately face dismissal or stagnation. Factors contributing to this situation include underreporting of incidents, staffing shortages in law enforcement and district attorney offices, and insufficient courtroom presence from retailers. These interconnected challenges emphasize the urgent need for a more effective system to address retail crime and ensure that offenders face appropriate consequences. Esther Alcaraz, former prosecutor, adjunct professor of criminal justice at Miami Dade College and St. Thomas University, and currently ALTO’s Growth and CS Manager, said: “In my experience as a state prosecutor and a retail crime victim advocate, I have observed a significant dismissal rate in cases where retailers fail to appear in court following an apprehension. This lack of engagement indicates a disinterest in pursuing the prosecutorial process, which ultimately undermines efforts to achieve accountability.”
Getting buy-in from the district attorneys, law enforcement agencies, and even the retailers they are representing is critical. Once they buy in, cases are much more likely to go to court and obtain favorable outcomes.
Prosecuting Serial Criminals While Supporting Second Chances
Cases like those ALTO advocates for can be divided into several buckets. For example, there are the serial criminals who need to be taken out of play for the safety of the community and those criminals who can change if given the opportunity.
Rhett Asher, the Senior Vice President of Partnership Development at ALTO, said they don’t want to put people in jail, but instead want to solve the problem. That’s why ALTO not only pushes cases to court but also suggests alternative sentencing when possible. This includes drug rehab, mental illness treatment, home assistance, and more.
ALTO closes 92 percent of their cases favorably with about 30 percent receiving alternative sentencing. “We have received letters, and our clients have received letters from criminals saying thank you. That’s because we pushed for that alternative sentencing, and they were able to get the help they needed and turn their life around,” said Asher.
“In the cases I supported as a victim advocate for our retail partners in Miami over the past two years, I estimate that between 75 to 85 percent of criminals are one and done,” said Alcaraz. “They do their time, they learn, then they never do it again.”
That’s why ALTO works with local legal experts on a case-by-case basis to ensure the best outcome for the perpetrator, the business they are representing, and the community.
They also encourage early intervention. Of course the sooner they can take the serial criminal out of play, the better it is for the community. But if they can get help to those afflicted with mental illness, drug addiction, or other problems before they become repeat offenders, it is better for that person and society.
No Crime Too Small
ALTO also pushes businesses to report the crime even if it seems small or that nothing ever comes from it. ALTO has been able to connect offenders to other crimes because small events were recorded by retailers.
Reporting also helps police, city officials, and local lawmakers know what is going on. “Unfortunately, silence leads to missed opportunities,” said Alcaraz. “A proactive approach is essential; community response is contingent upon effective communication.” The key is collaboration between the private and public sectors. It is businesses and citizens working with lawmakers and city officials to support the police, laws, and programs that help the community. Change at the community level will not only help support retailers
