By Kristin Finklea

Retailers and retail industry advocacy groups have expressed concern about what they see as a general increase in retail crime, and more specifically an increase in organized retail crime (ORC). Reports of incidents where individuals, occasionally acting in flash mobs, storm stores to steal large amounts of items, and at times assault employees, have underscored these concerns. Some law enforcement agencies have increased resources and information sharing to counter these crimes. Additionally, some retail organizations have urged policymakers and law enforcement to take steps to educate the public and crack down on this apparent increase in retail crime, and more specifically ORC. A primary barrier to measuring ORC accurately is a lack of a consistent, widely accepted definition that can be used in a systematic and comprehensive effort to collect and report these data. Nonetheless, there is general consensus that ORC involves coordinated theft with the intent to resell for financial gain. ORC typically refers to large-scale retail theft and fraud by organized groups of professional shoplifters (or boosters). Organized crime rings resell illegally acquired merchandise via a variety of fencing operations such as flea markets, swap meets, pawn shops, and online marketplaces. ORC differs from shoplifting in that traditional shoplifters tend to steal merchandise for personal use. A number of factors contribute to the lack of comprehensive criminal justice data on ORC. At the federal level, there is currently no law prohibiting organized retail crime that could be used to help document the number of ORC incidents known to federal law enforcement, specifically. Combating retail theft has primarily been handled by state and local law enforcement under state criminal laws. While state laws prohibiting theft are the statutes that state and local law enforcement and prosecutors have often relied on to investigate and prosecute ORC, over 30 states have enacted ORC-specific laws. However, these laws differ by state and there is no centralized reporting system for ORC-related crimes. The Federal Bureau of Investigation’s Uniform Crime Reporting Program, National Incident-Based Reporting System collects data on thefts reported to state and local law enforcement, including shoplifting; however, it does not capture ORC specifically. In the absence of comprehensive data on ORC, snapshots of data from various sources may offer insight into its extent and nature. For instance, 78.1% of respondents to the National Retail Federation’s 2023 National Retail Security Survey indicated that the threat of ORC was more of a priority than it had been in the prior year. While some observers believe that ORC is a national problem, others disagree, citing anecdotal and high-profile flash mob thefts and smash-and-grabs as driving this concern. Nonetheless, there is debate over the federal government’s role in deterring ORC and sanctioning various actors that may be involved in committing or aiding these crimes. A principal underlying issue is the lack of data on the scope of ORC to inform this debate. Without these data, Congress may not be able to accurately assess the proper role of the federal government. As such, policymakers may debate various options regarding data on ORC, including how new or existing mechanisms for collecting national crime data could be used to capture these data and help inform policymakers on the prevalence and nature of this type of crime.

Washington, DC: Congressional Research Service, 2024. 11p.