Attorneys with Experience Defending Organized Retail Fraud Charges
Retail fraud, or shoplifting, is a serious crime with both direct and indirect consequences, such as jail, probation, a criminal record, inability to secure employment, damaged reputation, loss of firearm rights, and more.
Organized Retail Fraud in Michigan
Retail fraud is the stealing of merchandise offered for sale. Organized retail fraud charges constitute a felony and involve multiple people cooperating in retail fraud offenses for profit. In many of these cases, one or two individuals enlist the help of several people to steal merchandise and then resell the items on the internet for profit. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. have successfully defended clients charged with Organized Retail Fraud. For example, we had a client who had students steal books from university and college bookstores, and then he would resell the items at his retail location. Our lawyers got the charges reduced to a misdemeanor, and the client avoided jail time.
The Organized Retail Crime Act and Its Penalties
Michigan established the Organized Retail Crime Act in 2013 to protect consumers by cracking down on the increasing prevalence of retail fraud. Organized Retail Fraud is a felony offense, regardless of the value of the merchandise allegedly stolen.
The possible maximum sentence for Organized Retail Fraud is up to five (5) years in prison, three (3) years of probation, and a fine of $5,000.00. Probation may include monthly or weekly meetings with a probation officer, a tether, prohibited use of alcohol and controlled substances, therapy, crime-prevention classes, community service, and more.
Aiding and Abetting, Accessory, RICO, Conspiracy
Aiding and Abetting – Organized Retail Fraud can include allegations of Aiding and Abetting. A person who assists, encourages, helps, or participates in a criminal act with another person is an aider and abettor. A person who aids and abets someone committing a crime in Michigan is just as guilty as those who primarily committed the crime. For example, if John drives Bob to rob a store while armed, John is just as guilty as Bob, even though he did not go into the store or hold the gun.
Accessory – Accessory is similar to Aiding and Abetting. Typically, an accessory is not present when the crime is committed. An accessory either helps plan, prepare, or encourage the commission of the offense. A person who assists the primary defendant after the offense is completed, such as by cleaning up the crime scene or disposing of evidence, is called an Accessory After the Fact.
RICO – In many Organized Retail Fraud cases, the government can also charge a RICO offense. RICO, or the Racketeer Influenced and Corrupt Organizations Act, criminalizes participation in a criminal organization. The government charges RICO when it believes a group with an organizational structure operates, at least in part, to commit a crime.
Conspiracy – Organized Retail Fraud always involves a conspiracy. The prosecution can charge a conspiracy as a separate offense. A conspiracy is an agreement between two or more people to commit a crime.
Why do prosecutors and judges make such a big deal about organized retail crime charges? Isn’t it just shoplifting?
Most people who face organized retail fraud charges fail to understand how aggressively prosecutors handle their cases. The initial theft accusation transforms into a serious felony offense, which brings severe long-term penalties to the defendant. The actual evidence plays a minimal role in these cases because political influence and public pressure take precedence.
The retail corporations and trade groups invest large amounts of money to get the legislature and the governor to approve stricter criminal penalties. The business sector reports extensive theft losses to prosecutors who must take action according to their claims. The court system remains aware that these cases generate media interest and business sector scrutiny. The display of public toughness by prosecutors serves dual purposes because it enhances their public image and maintains support from major donors.
Judges face political pressure, which leads them to impose harsh penalties that allegedly serve as a deterrent to others. This bias and politically influenced legal system imposes severe penalties on people who would have received minimal punishment in different circumstances.
The defense of someone accused of organized retail fraud requires an attorney who has both experience and respect in the field. A defense attorney with felony organized retail fraud expertise can help clients receive better plea deals and avoid felony convictions and future consequences in cases where the system works against them.
Defenses Attorneys for Organized Retail Fraud and other White-Collar Crimes
The attorneys with LEWIS & DICKSTEIN, P.L.L.C. are highly experienced, affordable criminal defense lawyers in Michigan. We have had consistent success in defending clients against organized retail fraud and all other misdemeanor and felony charges in Michigan. Our lawyers appear daily in courts throughout Oakland County, Wayne County, Livingston County, Macomb County, and Washtenaw County. We have also been hired to take cases throughout Michigan and achieve results unheard of by most other lawyers.
Felony convictions have many consequences impacting your family, employment, and finances. The attorneys with LEWIS & DICKSTEIN, P.L.L.C. are passionate and aggressive criminal lawyers. They will work as hard as possible to ensure that your rights are protected and do everything they can to achieve the best possible outcome. We will find a way to help you!
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
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