Five Arrested in Organized Retail Theft Ring

May 2, 2024 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

The state of Florida has made it clear in recent years that organized theft rings are an issue among various merchandisers. After addressing the national issue with retail theft, Attorney General Ashley Moody pushed for harsher criminal penalties for individuals involved in organized theft groups. Since signed into law, the retail theft task force has been diligent in seeking out potential theft rings.

Recently the Attorney General’s Office released information pertaining to a retail theft investigation leading to five arrests and over $50,000 in financial loss. This page will provide the case details, along with the specific penalties from the law changes made in 2022.

Case Details

Five individuals have been arrested in relation to an organized retail theft ring that was alleged to have spanned across 13 Florida counties. According to the press release by Attorney General Ashley Moody’s Office, FDLE agents in Miami obtained a compliant from an investigator with the organized retail unit claiming that a fraud operation was resulting in “thousands of dollars in losses.”

By collaborating with local law enforcement agencies, FDLE found 53 separate theft incidents that took place across the following Florida counties:

• Brevard County;
• Broward County;
• Charlotte County;
• Collier County;
• Indian River County;
• Lee County;
• Martin County;
• Miami-Dade County;
• Orange County;
• Palm Beach County;
• Sarasota County;
• Lucie County; and
• Volusia County.

Through the investigative work, law enforcement found evidence of an organized retail theft ring that was part of a systematic scheme to defraud. The theft ring was estimated to have caused over $55,000 in losses to the targeted company. The individuals involved are accused of targeting and abusing an online purse system by stealing merchandise while claiming it had already been purchased, as well as returning merchandise at differing locations to obtain money through the online receipts.

The five people connected to the alleged crime have been arrested and are currently facing multiple felony charges, such as organized scheme to defraud of $50,000 or more and retail theft of multiple items within 30 days.

The following is a statement from Attorney General Ashley Moody:

“This criminal group committed more than 53 thefts in 13 Florida counties, stealing thousands of dollars’ worth of merchandise in a fraudulent systematic scheme. In Florida, we go after organized retail thieves, and now this nefarious group, thanks to the work of our law enforcement partners, will be held accountable for their crimes.”

Recent Increases to Retail Theft Penalties

The recent case highlights the measures law enforcement is taking to target those suspected of retail theft. We’ve previously covered the increased focus on retail theft crimes over the last several years, first with Moody’s task force initiated in 2021 and then the provisions set under the amended retail theft law under SB 1534.

Definitions relating to retail theft under Florida Statute Section 812.015 include:

• Merchandise: Any personal property, capable of manual delivery, displayed, held, or offered for retail sale by a merchant.
• Merchant: An owner or operator, or the agent, consignee, employee, lessee, or officer of an owner or operator of any premises used for retail purposes.
• Value of merchandise: The sale price of the merchandise at the time it was stolen or otherwise removed, depriving the owner of their lawful right to ownership and sale of any merchandise.
• Retail theft: The taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with the intent to deprive the merchant of possession, use, benefit, or full retail value of such item or property.
• Antishoplifting or inventory control device: A mechanism or other device that has been designed to detect the removal from a store, including any electronic or digital imaging or any video recording or other film used for security purposes and the cash register tape or other record made of the register receipt.

After DeSantis signed SB 1534, the penalties for retail theft were increased to either a third- or second-degree felony. A third-degree felony is punishable with up to $5,000 in fines and up to five (5) years in prison. A second-degree felony is punishable with up to $10,000 in fines and up to 15 years in prison.

A person can be charged with third-degree felony retail theft for any of the following actions:

1. Altering or removing any label, universal product code, or price tag form merchandise;
2. Individually or with a group coordinates retail theft within a 30-day period where the stolen property is valued at $750 or more;
3. Conspires with another person to commit retail theft with the intent to sell the stolen property for monetary gain, in which the stolen property over a 30-day period has an aggregated value of $750 or more;
4. Individually or with one or more persons commits theft from more than one location within a 30-day period, in which the stolen property has an aggregated value of $750 or more;
5. Acts in concert with one or more people within one or more retail establishment to distract a merchant, their employee, or a law enforcement officer to commit a retail theft offense, in which the stolen property is valued at $750 or more;
6. Commits retail theft by purchasing merchandise in a package or box that has other merchandise from, or in addition to, the merchandise within the package or box which is valued at $750 or more; or
7. Individually, or with one or more persons, commits five (5) or more retail thefts within a 30-day period and in doing so obtains or uses ten (10) or more items of merchandise, and the number of the items stolen across a 30-day window, regardless of the merchandise’s value, and two (2) or more of the theft incidents occur at a different physical merchant location.

A person can be charged with second-degree felony retail theft for any of the following actions:

1. Commits retail theft after previously being convicted of a retail theft offense;
2. Individually, or with one or more persons, coordinates retail theft in which the amount of each theft within a 30-day period has an aggregated value of more than $3,000;
3. Conspires with another person to commit retail theft with the intent to sell the stolen property for monetary gain, in which the stolen property within a 30-day period has an aggregated value of more than $3,000; or
4. Individually, or with one or more persons, commits five (5) or more retail thefts within a 30-day period in committing such theft obtains or uses 20 or more items of merchandise, and the number of items stolen during each theft is aggregated within the 30-day period to determine the total number of items stolen, regardless of the value of such merchandise, and two (2) or more of the thefts occurred at different physical locations.

Important: Under Florida Statute Section 812.015(10), a person who commits retail theft in more than one judicial circuit within a 30-day period may have the value of the stolen property in each judicial circuit be aggregated, and the defendant(s) must be prosecuted by the Office of Statewide Prosecutor in accordance with Florida Statute Section 16.56.

To find out more about the penalties for retail theft or to review the 2022 State Attorney’s Address regarding organized retail crimes, refer to our page here.

Potential Defenses to Retail Theft

While theft crimes can be complex cases, it does not mean there aren’t potential defenses available to help defend your case. Depending on the surrounding circumstances that occurred with the alleged theft incident, you may be able to have a North Florida defense attorney assist you with the following defense strategies:

• The defendant had equal ownership and there was no legal interest or issues over the property;
• The alleged property stolen was worth nothing of value or was already found in the trash, proving it to be valueless; or
• The defendant voluntarily abandoned the property after realizing the conscious decision to not wish to break the law.

Keep in mind that there may be additional defenses available to you. Schedule a free case evaluation with a Tallahassee, FL Criminal defense lawyer today.

Contact a Theft Attorney in Tallahassee

Any accusation of theft should be taken seriously. Whether you’ve been accused of shoplifting, grand theft, or an organized theft ring, you should consider seeking legal representation with an attorney. There may be defense strategies available to you to fight against a criminal conviction.

Don Pumphrey and his team with Pumphrey Law understand the ins and outs of theft laws and can help challenge the charges against you. Contact our office to receive a free consultation by calling (850) 681-7777.

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