Web of Crime

5 Min Read
An Investigator’s Honest Take on Who’s Stealing, How They’re Selling, and Why Cops Are Struggling to Get Convictions That Stick

The deal was literally too good to be true. A brand new water heater, offered on an online marketplace, for much less than retail. On a fixed income, and tired of cold showers, an elderly man responded to the ad, picked it up, and hauled it back to his home and installed the appliance. A few days later he was stunned to see a detective on his doorstep, inquiring about a stolen water heater.

That detective, who spoke to us on the condition of anonymity, was working a tip on a group of thieves who stole a number of water heaters from a major home improvement store just days earlier. They were wearing high-vis vests and had a fraudulent receipt, giving employees the perception that they were contractors with a purpose.

The break in the case came when the elderly man was pulled over for a minor traffic stop right after picking up the water heater. The cops who pulled him over had no knowledge of the thefts, but got a statement from the elderly driver that he was heading home after buying the appliance from an online ad. Later, those officers put two-and-two together and contacted our detective when they got wind that water heaters were being boosted from local stores.

Add water heaters to a growing list of goods thieves love to steal. Nike shoes, makeup, luxury goods, Legos, fragrances, circuit breakers, and even diabetic test strips are especially hot right now.

Detectives report that discount retailers are reporting a huge spike in Nike shoe thefts. Instead of being sold online, or out of the trunk of a sedan, box trucks are loaded in the United States and taken across the border into Mexico where even the most basic styles will command a good price.

In another example of the evolving landscape of peddling stolen goods, detectives say they discovered stolen merchandise of all kinds were being sold at a pop-up shop in a rented home in Las Vegas. The goods were stacked neatly on tables, just like in a department store.

Investigators are also seeing an increase in stolen goods being sold on online marketplaces, but the behaviors have evolved. They say the ads only stay up for a short time, featuring Google Voice numbers as the only form of contacting the sellers. No matter how many times consumers are warned to recognize the signs of a shady deal and only buy from reputable dealers, stolen items still easily exchange hands on both local classified sites and global e-commerce and auction platforms.

This isn’t the product of a sophisticated criminal enterprise, led by mob bosses and cartel heads. Police say it’s more often drug addicts saving up for their next fix, sex traffickers moving women and children, criminals looking to get cash to find a cheap motel, and even normal couples from the suburbs.

They explain that these thieves are repeat offenders who know that the reward from stealing from retailers is well worth the risk, especially considering the slap on the wrist they’ll face as punishment. There’s no jail time. Most accused thieves are out of custody within six hours. The legal system is trying to catch up. But detectives say, in their experience, prosecutors don’t have the time to sift through the evidence of these cases to understand the magnitude.

“It’s difficult to get many prosecutors to understand that this is part of a larger organized theft ring, or that multiple businesses and jurisdictions are involved,” said the detective.

Most cases are labeled as petty theft or your standard low-level property crime. Investigators say they need more time to build the case against these thieves to truly show the community impact of their crimes.

A partial solution, according to our investigator, is seeking higher bail amounts, implementing a new classification system that correctly reflects the scope and seriousness of organized retail crime, establishing and investing in task forces and agencies dedicated to cutting through bureaucratic red tape, and working with prosecutors to seek punishments that will deter people from committing these crimes.

A few states have introduced new legislation, understanding that ORC is a growing problem that lawmakers need to get out in front of. But detectives are begging for more states to get involved. It’s a waiting game that has serious consequences. The detective said that he’s seen a record number of officers leave law enforcement, discouraged by the lack of convictions and exhausted by the Groundhog’s Day experience of arresting the same offenders for ORC offenses.

“Communities that create lax laws and look the other way when it comes to property crime are making it very difficult for us to do our jobs. It’s frustrating. It’s maddening,” the detective said.

There is some light at the end of the tunnel. A new wave of cooperation is building among a small group of businesses, retailers, attorneys general, and law enforcement. Recently, retailers like The Home Depot have created dedicated resources, embedded with local police and sheriffs to curb ORC incidents at problem locations.

This unusual marriage of commerce and crime fighting has helped cut through red tape with corporate leaders, speeding access to evidence and resources to better track ORC suspects, and build a case against accused thieves.

“I can talk directly to that person to access security footage and expedite approvals to respond to crimes at the store,” said the detective. “It’s been instrumental in tracking thieves and building stronger cases against repeat offenders.”

Ben Dugan, former President of the Coalition of Law Enforcement and Retail (CLEAR), says that the creation of these positions is key, but perhaps more important is sharing information with other retailers and AP/LP professionals on ORC cases as soon as an incident happens.

“A lot of ORC teams have employees that can gather information across multiple jurisdictions and states,” said Dugan. “We’ve got to build a case with the career criminal in mind.”

The partnership has yielded quicker response times, more arrests, and even a few convictions. Police and attorneys general hope more retailers will follow suit in an effort to seek increased support for new laws and tougher punishments.

Another solution is funding blitzes—multi day stings that require around-the-clock manpower, specially trained personnel, and cross-jurisdictional resources. The bills quickly add up with expenses like food, lodging, and overtime for participating agencies. Recent blitzes have netted dozens of arrests of key ORC players and provided the collaboration necessary to make charges stick and convictions more likely.

Blitzes, dedicated resources, more partnerships, and increased vigilance—it’s a small price to pay when you consider the consequences of doing nothing. Detectives say we owe it to the victims, like the elderly man, devastated that he unknowingly bought a boosted water heater, or shoppers that now have to travel farther because of store closures and resulting food deserts, and the employees at those stores who are thrust back into an unforgiving job market. Whatever the scenario, action is needed before more communities suffer.

Behind the Counter

5 Min Read
Safety Tops Retail Workers’ List of Concerns

Extreme Measures

5 Min Read
Creating a Playbook to Take Back Stores

Impact of ORC

4 Min Read
Not all Losses Are Measured in Dollars