Even before Virginia lawmakers passed a tough new law against organized retail crime earlier this year, Bradley Haywood, a public defender in Arlington, Virginia, challenged the rationale. The idea that retailers in the state had lost billions to organized theft was a myth manufactured by retailers themselves, Haywood argued.
Now the outspoken lawyer has fresh ammunition for his effort to repeal the law: The National Retail Federation earlier this month retracted its April assertion that nearly half of the $94.5 billion in merchandise that went missing in 2021 was stolen by retail rings. The true percentage was only a small fraction of that amount, about 5%.
According to the National Conference of State Legislatures, Virginia is one of at least 14 states that enacted retail theft laws over the past two years in response to reports of highly organized theft rings invading stores across the country and fleeing, collectively, with billions of dollars in merchandise. Social media posts showing thieves storming retail outlets helped fuel the crackdown.
Nine states passed new laws this year, either toughening punishment or creating task forces to study the potential threats posed by organized theft rings. At least one state — Texas — enacted two laws, one creating a task force and the other allowing potential thieves to avoid prosecution if they agree to an education course designed to steer them away from breaking the law.
In addition to Texas and Virginia, Alabama, Indiana, Minnesota, Nevada, New Mexico, Oklahoma and Oregon enacted retail theft laws this year. California, Florida, Illinois, Louisiana and North Carolina did so last year.
Over the past several years, retailers, prosecutors and police have pushed state and federal lawmakers to crack down on thieves who, they say, have become increasingly sophisticated and violent. Some large retailers have shuttered stores with the largest losses. And shoppers at…
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