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crime and punishment property rights

Stop Thieves!

In July, a King Soopers employee, Santino Burrola, was fired for filming shoplifters.

He even managed to get their license plate number; to do so, he had to peel off an aluminum-​foil cover on the plate as the thieves began driving away.

Burrola helped police quickly capture one of the suspects. But Kroger, the parent company, fired him anyway. See, Burrola had violated the sacred kick-​me-​again Kroger policy that employees must never interfere with thefts in progress.

The policy is like waving a flashing neon red ROB US MORE sign and, unfortunately, is common.

Fortunately, though, it’s not a policy that Michael Sullivan, operations manager of Roger’s Gardens in Orange County, California, had to worry about as he tried to figure out how to stop a months-​long series of thefts of expensive shrubbery and other items from the Gardens.

Security cameras weren’t helping. They recorded the thief but were unable to capture his license plate, which could be used to track him down. He kept coming back to steal more.

Finally, Sullivan hit on the idea of hiding AirTags on things that the thief might grab. The stratagem paid off. Sullivan discovered the location of the evildoer and relayed the info to police.

They found a yard clogged with $8,000 in goods stolen from Roger’s Gardens.

The stolen goods have been returned to the Gardens; the thief has been arrested.

Hard? No. Wrong? No. 

Thwarting thievery fends off barbarism. Doing it at low personal risk is good business.

This is Common Sense. I’m Paul Jacob.


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crime and punishment property rights

The Tide of Theft

There’s a black market for Tide laundry detergent. Who knew?

Giant Food, a Washington, D.C., area grocer, can’t seem to keep national brands such as Tide or Colgate or Advil on store shelves. Not because customers are buying these products, but because they’re stealing them.

Last week, we discussed the revelation by Dick’s Sporting Goods that thievery was a key cause of falling profits. The National Retail Federation believes that $95 billion is lost each year to public pilfering — something other retailers, including Target, Dollar Tree, and Ulta, are acknowledging is a very serious problem.

“Growing losses have spurred giants such as Walmart to shutter locations,” The Washington Post informs.

If we cannot police our own neighborhoods, and police can’t seem to do it, then we rely on … big corporations. With 165 supermarkets, Giant has yet to close any stores. Instead, the chain is “hiring more security guards, closing down secondary entrances, limiting the number of items permitted through self-​checkout areas, removing high-​theft items from shelves and locking up more products.” 

Most vulnerable is “the unprofitable store on Alabama Avenue SE — the only major grocer east of the Anacostia River in Ward 8,” a poor, largely black area of the city.

“We want to continue to be able to serve the community,” explains Giant’s president, “but we can’t do so at the level of significant loss or risk to our associates …

“During the first five months of this year,” Target’s chief executive recently leveled with investors, “our stores saw a 120 percent increase in theft incidents involving violence or threats of violence.”

Apparently, folks who pocket other people’s stuff are more likely to also be violent. 

Who saw that coming?

This is Common Sense. I’m Paul Jacob. 


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Accountability crime and punishment property rights

Half-​Win for Forfeiture Victim

In August 2020, Jerry Johnson made a mistake: he carried a large sum of money while flying from Charlotte to Phoenix to buy a semi truck for his business. Police grabbed the cash when he arrived in Phoenix.

Mr. Johnson had decided to use cash to avoid certain fees and on the assumption that traveling with cash is legal.

Perhaps it is legal according to mere law. But police often grab any large amount of cash they see someone carrying. They accuse the naïve owners of drug-​running and care nothing about actual evidence.

Threatened with jail when interrogated, Johnson signed a form that, he later understood, stated that the $39,500 was not his. The government kept the cash until he could wrest it back in court.

This, you may remember, is par for the course for civil asset forfeiture in America, where government agents behave like highway robbers.

But in this case — this course — the story didn’t end well for the robbers, for Jerry Johnson has gotten back his money. 

But he has not been made whole. As Land Line points out, in addition to all the time and trouble, there were the legal expenses that Johnson incurred before he obtained the help of Institute for Justice. 

And Johnson also lost business revenue: “There were a lot of business opportunities I’ve missed out on because that money was just sitting in a government account.”

Thankfully, the story is not over, yet, for there are organizations like Pacific Law Foundation and Institute for Justice to help victims of government predation at no charge. In this case, it was Institute for Justice that represented the victim in court.

IJ will continue the case to press for compensation.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment general freedom government transparency moral hazard national politics & policies privacy property rights too much government U.S. Constitution

Thwarting Cops Who Are Robbers

“Carrying cash is not a crime,” Institute for Justice attorney Dan Alban informs us, “yet too often the government treats it like one.”

Musician Phil Parhamovich learned that the hard way. He was porting his life savings, almost $92,000 — earmarked for a down payment on a recording studio — when cop-​robbers of the Wyoming Highway Patrol stopped him for not wearing a seat belt.

It turned out to be an extremely expensive infraction. The officers intimated that it was illegal to travel with so much cash and pressured him to hand it over. Scared and believing that his alternative was jail, Phil signed a preprinted waiver letting them grab his life savings.

Preprinted waiver? This means it’s routine for these guys to try to legitimate their actions as they premeditatedly intimidate and rob people.

The state of Wyoming tried to keep the money. Fortunately, the Institute for Justice took Phil’s case, and a judge accepted the facts presented by Phil and his IJ lawyer. After months of tribulation and suspense, the robbery victim got his money back.

Another win for the good guys.

Thankfully, the Institute for Justice’s freedom-​defenders have won a great number of such cases. Yet, IJ lawyers certainly cannot litigate all the forfeiture injustices being committed by government  authorities all across the country.

That’s why the group is pushing to reform civil asset forfeiture laws, requiring a criminal conviction before property can be forfeited. 

And you can help. How? Launch efforts in your town or state, or work to push infant efforts to a higher level. Take the initiative. 

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom government transparency judiciary moral hazard national politics & policies property rights too much government

Government Burglars

If you try to compare those police who take people’s money and property through civil asset forfeiture laws to burglars, who rob folks in more traditional ways, you are just not being fair.

To the burglars.

The Institute for Justice recently released an updated Policing for Profit report showing that federal asset forfeiture topped $5 billion in 2014. The FBI disclosed that in that same year $3.5 billion of value was lost in burglaries.

Then, folks did the math.

Steven Greenhut’s piece at reason​.com was headlined, “Cops Now Take More Than Robbers.”

At The Washington Post Wonkblog, Christopher Ingraham explained there was an especially big haul in seized assets in 2014, including $1.7 billion from Bernie Madoff. Moreover, the dollar figure for burglary doesn’t include larceny, motor vehicle theft, etc. All such theft combined totaled more than $12 billion that year.

So, law enforcement isn’t stealing quite as much from citizens as the criminals they are supposed to be protecting us from are. Sort of a backhanded compliment, though.

Recent polling finds more than 70 percent of Americans opposed to seizing assets without a criminal conviction, i.e. innocent until proven guilty, but taking cash and cars and stuff from folks never charged with or convicted of a crime has become a big business for “our” government.

When legislation to mildly reform civil forfeiture failed recently in California, Mr. Greenhut called legislators’ votes “about money, not justice.” Ferocious lobbying by the California District Attorneys Association and the California Police Chiefs warned money-​grubbing legislators that budgets would take an $80 to $100 million hit.

Theft is apparently quite lucrative. Who knew?

This is Common Sense. I’m Paul Jacob.


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crime and punishment

Crime’s Up, Crime’s Down

Perception isn’t the same as reality. Americans often perceive, for instance, that crime is increasing. But the truth is that crime has been on the decline for decades.

Can’t say that about crime in Great Britain, though. Crime rates there are up. According to a recent report, “Robbery is now 1.4 times more common in the UK than on the other side of the Atlantic, while assaults are 2.3 times more likely.” And though the U.S. still leads in murder, the situation is getting worse, not better, in Britain: “The murder rate has risen by 26 per cent in London and 85 per cent in Northumbria.” Yikes.

The report’s authors attribute the cause for this rise in crime to “the leniency of police towards suspects and the reluctance of the legal system to convict criminals and jail them.…” A government spokesperson, blaming previous administrations, insists that the “risks of being caught have been declining.”

This analysis sounds reasonable. And yet, my perception — based on what I read, that’s all — is that another set of factors has almost certainly contributed to England’s crime jump. While in America it is becoming easier to own, carry and conceal personal weaponry, it has become much more difficult in Great Britain. Even knives and hunting rifles are heavily regulated, and sidearms are pretty much prohibited. (In the past I’ve related some of the stories.)

With diminished capacity to defend themselves, peaceful Brits become easy targets for those who would abuse them.

This is Common Sense. I’m Paul Jacob.