Modus Operandi by Mauro Corvasce (universal ebook reader txt) 📕

last minute he'd get caught? No, on the contrary, he wants to get caught and he wants to be accused of shoplifting, even though he has nothing in his hands. Why? Lawsuit.

If he convinces the store owner that he was falsely detained, and the police officer who responds that he is being falsely accused, he could get a couple of thousand dollars minimum for his "pain and suffering" and humiliation from being branded a shoplifter in front of all those people.

This type of shoplifter is on the rise because with lawsuits it is more advantageous for the shoplifter to pretend to take an item than to actually take it. These shoplifters are very well rehearsed. They case the store, just like any other professional, decide which item they want to pretend to shoplift, and focus on that item when they enter the store. But they also plan what is known as the ditch-off point, the point in the store where they are going to get rid of the item right before they get caught by the security personnel or an

employee. This type of shoplifter waits longer for the payoff, but it's worth it!

Catching the Shoplifter

One of the common misconceptions is that a shoplifter has to actually leave the store before he can be apprehended by the police or security personnel. Many times the shoplifter feels that once he is past the doorway and out on the street, he has a chance of outrunning anybody who might choose to pursue him.

The laws vary in different states, but in many places security personnel may legally stop a shoplifting suspect once he leaves what is known as the paying area. The law provides that a retail store or its employees has the right to detain a suspected shoplifter. Detaining a person in a reasonable manner for a reasonable length of time is not an arrest and the shop will not be liable to the person detained. However, the store must notify the local police department as soon as possible.

In many states it is considered a theft to conceal goods on one's person while still inside the store. The shoplifter does not have to walk past the cash register to be eligible for apprehension in this scenario. In some states it may also be a crime to carry an item from one department to another within the same store, such as picking up an item in men's apparel and carrying it down to the lower level of the store where electronics are sold.

To apprehend the shoplifter successfully, the accuser, whether a security person or an employee of the store, has to prove one of the following elements:

1. He must prove that the theft was intentional. Sometimes intent can be extremely difficult to prove. Take the case of a woman shopper who slipped two scouring pads into her purse instead of her shopping cart. When the woman was prosecuted for shoplifting, her explanation was that she did not want the scouring pads to come in contact with the food in her cart, so she placed

them in her purse as a safety precaution. When she came to the checkout, she forgot to pay for them and left with them in her purse. In this particular incident, the court gave her the benefit of the doubt and dismissed the charges.

To prove intent, security people will allow the person to leave the store before they actually confront them. If the person passed the cash register without paying for his merchandise, it is usually quite easy to prove that the theft was intentional.

2. The shoplifter must actually have the article in his or her possession. Sometimes the shoplifter thinks that by dropping the item or throwing it away after he has been detected he can get out of the situation. But that is not the case if the store owner can prove that the person had possession.

3. The merchandise in question must be proved to be the property of the store and must be offered for sale. Through price tag codes and perhaps inventory sheets, the store owner can usually prove that the particular merchandise actually came from his store. But these things are not always as they seem.

Let's take this scenario: A store security person observes an elderly woman look over a display of men's clothing. After a short while she rolls up a pair of men's trousers and hides them underneath her coat. Walking behind the display she then moves the trousers from under her coat to her shopping bag. She leaves the store. The security person, thinking that he as a clear-cut shoplifting case finds that no crime has been committed. Why? The lady could not speak or read any English as she was from Czechoslovakia. The woman wanted to buy her husband a pair of pants, just like the ones he likes so much, so she took his favorite pants to the store and compared them to make sure that she bought him the right thing. As she cannot speak or read English, she was too embarrassed to ask for help. Of course, cases like this are unique, but you

can see how it behooves merchants (and their shoppers) to be able to easily identify their merchandise.

4. It must be proved that the shoplifter intended to use the stolen merchandise or to deprive the rightful owner of its use. Again, this is usually not to hard to prove, because if a person leaves the store or paying area with the merchandise he has hidden and avoided paying for, then of course he is depriving the rightful owner of its use. Store owners are getting pretty tough about shoplifting and the law is on their side.

White Collar Crime is a catch-all phrase encompassing a variety of frauds, schemes and other nonviolent offenses. With more personal and professional business now being conducted electronically, it is easier for crooks to thrive at our expense. Home and car alarms are no longer adequate to protect us from becoming victims; these