Congress must ignore fearmongering and pass the organized retail crime bill

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For those who have not witnessed large-scale merchandise thefts or experienced the struggle of buying everyday items locked behind glass, organized retail crime may seem unfamiliar. But it has become a growing issue for retailers, workers, consumers and communities nationwide. The problem is serious enough that Congress has acted: The Combating Organized Retail Crime Act, which would bring greater coordination and support to state and local law enforcement as they fight these crimes, recently passed the House by an overwhelming bipartisan vote and is now before the Senate.

A recent op-ed claimed, “Democrats are about to make a big mistake on organized retail theft bill” and urged the Senate to oppose the Combating Organized Retail Crime Act. This op-ed, along with other opposition-related media, continue to present false narratives that include expanded Department of Homeland Security surveillance and the federalization of shoplifting while presenting a distorted view of the threat.

The positive is that most agree organized retail crime is real. Where these opposing views fall short is mischaracterizing both the legislation and the criminal activity it addresses.

As a career retail asset protection professional, I have investigated theft ranging from petty shoplifting to complex theft and fraud schemes. I have supported law enforcement at the local, state and federal levels in domestic and international investigations. In my current role, I regularly engage with retailers, law enforcement and lawmakers as an industry advocate and an expert on this issue.

Over nearly 40 years, I have seen organized theft groups evolve, become more sophisticated and brazen, and exploit gaps between jurisdictions. I understand the impact these crimes have on retailers, employees, consumers and law enforcement. It is time to dispel the myths surrounding the Combating Organized Retail Crime Act and encourage the Senate to evaluate the bill based on facts, not fiction or fear.

The first myth is that the Combating Organized Retail Crime Act is about petty theft or federalizing shoplifting. It is not. Organized retail crime is not a teenager stealing a t-shirt or an individual acting out of desperation. Retailers and law enforcement have long handled local shoplifting through existing partnerships, recognizing the difference between theft driven by need and theft driven by greed. The bill targets only those orchestrating and directing large-scale theft operations, buying or fencing stolen goods and transporting or reselling them across state or national borders.

The legislation does not include the words “petty theft” or “shoplifting.” This bill is about criminal networks, not local shoplifters.

Another myth is that the Combating Organized Retail Crime Act is an unchecked surveillance bill. For decades, retailers and law enforcement have shared information tied to criminal investigations. That information typically includes evidence of theft, images supporting identification of suspects and data needed by law enforcement and prosecutors to pursue arrests and prosecutions. What is missing today is not surveillance authority but the ability to connect investigative information across cities, counties and states.

Organized retail crime groups exploit that coordination gap. They operate across jurisdictions, often nationally or internationally, knowing disconnected investigations make it more difficult to see the full scope of their enterprises. The bill is designed to improve coordination by creating an Organized Retail and Supply Chain Crime Coordination Center. The center would support information sharing among law enforcement and private sector entities involved in criminal investigations, helping identify patterns, connect cases and disrupt organized networks. It is not a surveillance bill. It is a necessary investigative coordination tool.

A final misconception is that the bill simply gives more power to the Department of Homeland Security, or more specifically to Immigration and Customs Enforcement. The bill does place the Coordination Center within Homeland Security Investigations, and the agency does sit within ICE under Homeland Security. But that fact is often presented without necessary context. Homeland Security Investigations is already the lead investigative agency for many crimes connected to organized retail theft, including international organized theft, cargo theft, money laundering and the illegal movement of goods and contraband across borders.

Homeland Security Investigations is well positioned to lead this federal effort because it already has experience operating coordination centers and public-private partnerships focused on cross-border criminal organizations involved in counterfeiting, intellectual property violations, human trafficking and online criminal activity. The Combating Organized Retail Crime Act builds on that framework. It does not create a new mission for the Department of Homeland Security. Instead, it enhances the government’s ability to address a growing form of organized crime affecting communities, commerce and the broader economy.

On behalf of the retail industry and as a consumer, I encourage the Senate to follow the House’s lead, reject false claims and pass the Combating Organized Retail Crime Act. Organized retail crime is not ordinary shoplifting and it cannot be effectively addressed through isolated local investigations alone. The bill provides the coordination tools needed to identify, disrupt and dismantle organized criminal networks. That is the responsible path forward.

David Johnston is vice president of asset protection and retail operations for the National Retail Federation.

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