With holiday shopping in full swing, stores have stocked their shelves with the latest and greatest gifts—but they attract more than eager buyers. This time of year sees a surge in “flash mob thefts,” where groups of individuals descend on stores in coordinated efforts, overwhelming security and staff to steal high-value merchandise and vanish within minutes. Far from random acts of desperation, these are calculated moves by well-organized criminal enterprises.
This phenomenon has a name: Organized Retail Theft, or ORT. It’s a growing concern for law enforcement in Texas, especially during the holiday season when stores are bustling, and resources are stretched thin.
In this article, the criminal defense attorneys at Varghese Summersett break down the laws surrounding Organized Retail Theft in Texas, the potential penalties, and the possible defense for those accused of these crimes.
What is Organized Retail Theft in Texas?
Organized Retail Theft (ORT) is a coordinated crime involving individuals or groups who steal merchandise from retail establishments with the intent to resell the goods for profit. Unlike shoplifting, which is typically committed by a single individual for personal use, ORT involves a criminal network that often targets multiple stores, stealing large quantities of merchandise. These goods are then sold through fencing operations, online marketplaces, or other illicit channels.
The state estimates that it loses more than $421 million a year from organized retail theft. And major metropolitan areas, like Houston, rank among the top cities in the United States for Organized Retail Theft, underscoring the popularity of this growing crime.
If you or a loved one is facing a charge of ORT in Dallas, Fort Worth, Houston, or the surrounding areas, it is critical to contact a seasoned defense attorney immediately. The attorneys at Varghese Summersett have extensive experience handling complex criminal cases, including Organized Retail Theft.
The Law: Organized Retail Theft in Texas
Under Section 31.16 of the Texas Penal Code, a person commits Organized Retail Theft if he or she intentionally conducts, promotes, or facilitates an activity where a person receives, possesses, conceals, stores, barters, sells, or disposes of:
- stolen retail merchandise; or
- merchandise explicitly represented to the person as being stolen retail merchandise.
This statute differentiates ORT from standard theft by focusing on the organized and coordinated nature of the nature of the crime. Key elements of Organized Retail Theft in Texas include:
- Collaboration between multiple individuals to commit theft.
- Targeting retail establishments to steal merchandise.
- Selling stolen goods through established fencing operations or online platforms.
The Punishment for Organized Retail Theft in Texas
The penalties for ORT in Texas depend on the total value of the stolen merchandise. These penalties range from misdemeanors to first-degree felonies, as outlined below:
- Less than $100: Class C misdemeanor punishable by up to a $500 fine.
- $100 to $749: Class B misdemeanor punishable by up to 180 days in jail.
- $750 to $2,499: Class A misdemeanor punishable by up to a year in jail.
- $2,500 to $29,999: State jail felony punishable by six months to two years in a state jail facility.
- $30,000 to $149,999: Third-degree felony punishable by 2 to 10 years in prison.
- $150,000 to $299,999: Second-degree felony punishable by 2 to 20 years in prison.
- $300,000 or more: First-degree felony punishable from 5 years to life in prison.
Certain aggravating factors can increase the charges to a higher level. For example:
- Acting as a leader within the theft ring.
- Activating or deactivating fire exit alarms during the theft.
- Using tools or devices to circumvent anti-theft measures.
In addition to state prosecution, ORT cases may also be pursued at the federal level if they involve interstate operations or large-scale theft.
Collateral Consequences of Organized Retail Theft in Texas
A conviction for Organized Retail Theft (ORT) in Texas extends far beyond fines, probation, or jail time—it can significantly impact your personal and professional life for years to come. Because ORT is considered a crime of moral turpitude, the consequences can ripple through nearly every aspect of an individual’s future. Here’s a closer look at the potential fallout:
- Damage to Reputation and Employability
A conviction for ORT can permanently tarnish your reputation. Crimes of moral turpitude—offenses that involve dishonesty or deceit—carry a social stigma that can raise red flags for employers. Many companies conduct background checks, and an ORT conviction may make it difficult to secure jobs, especially in industries that require trust, such as retail, finance, or education. - Loss of Professional Licenses
For individuals in licensed professions—such as nursing, law, real estate, or teaching—an ORT conviction can lead to disciplinary actions or even the loss of their license. Licensing boards often view crimes of dishonesty as a breach of professional ethics, which can jeopardize a person’s ability to work in their chosen field. - Difficulty Securing Housing and Financial Aid
A criminal record can also create challenges in obtaining housing or financial aid. Landlords and housing authorities frequently screen applicants for criminal convictions, and a conviction for a theft-related crime can result in denials. Additionally, federal financial aid for education may be restricted for individuals with certain types of criminal records. - Civil Lawsuits
Retail establishments that have suffered losses due to ORT may pursue civil lawsuits to recover damages. These lawsuits can include restitution claims for the stolen merchandise, legal fees, and other related costs, further compounding the financial burden on the accused. - Immigration Consequences
For non-U.S. citizens, a conviction for ORT as a crime of moral turpitude can have serious immigration consequences, including denial of naturalization, visa revocation, or deportation.
Given these far-reaching consequences, it’s essential to take ORT charges seriously and seek experienced legal representation. A strong defense may help reduce the charges, avoid a conviction, or mitigate the penalties, protecting your future from the collateral damage of an ORT conviction.
The Roles in Organized Retail Theft
Organized Retail Theft (ORT) is a sophisticated criminal operation that involves multiple participants, each playing a distinct role to ensure the success of the enterprise. These roles are integral to the functioning of ORT networks, and understanding them is key to combating this form of organized crime. Here’s an in-depth look at the primary roles:
Boosters
Boosters are the frontline operatives who physically steal merchandise from retail stores. They often work in teams, employing tactics such as distraction, concealment, or speed to evade detection. Boosters are typically highly skilled at navigating store layouts and exploiting vulnerabilities in security systems. Their stolen goods fuel the supply chain of the ORT operation.
Fences
Fences act as intermediaries between boosters and the end market. They purchase stolen goods from boosters at a fraction of their retail value and resell them for profit. Fences may operate through physical storefronts, online marketplaces, or informal networks. Their role is crucial in converting stolen merchandise into liquid assets, which finance the broader criminal enterprise.
Cleaners
Cleaners are responsible for “sanitizing” stolen goods by removing security tags, labels, or any other identifying markers that could trace the merchandise back to the theft. This process makes the items more marketable and reduces the risk of detection during resale. Cleaners may also repackage goods to make them appear new or untraceable.
Money Launderers
Money laundering is an essential component of ORT operations, as it disguises the illegal origins of profits generated by selling stolen goods. Money launderers use various techniques, such as creating fake businesses, mixing illicit funds with legitimate revenue, or using offshore accounts, to obscure the money trail. Their role ensures that the financial gains can be safely reinvested into the operation or enjoyed by the ringleaders.
Ringleaders
Ringleaders are the masterminds behind the ORT operation. They recruit and coordinate the efforts of boosters, fences, cleaners, and money launderers, ensuring the enterprise operates smoothly and profitably. Ringleaders often reap the largest financial rewards while staying insulated from the day-to-day risks. They use their organizational skills and connections to maintain control over the network, plan large-scale thefts, and expand their criminal enterprises.
Each of these roles is critical to the success of an organized retail theft operation, creating a well-oiled machine that exploits weaknesses in retail systems for profit.
Examples of Organized Retail Theft in Texas
Organized Retail Theft (ORT) manifests in various ways, often involving sophisticated planning and execution. Below are some real-world examples that illustrate the scope and methods used in these crimes:
Large-Scale Theft Across Multiple Retail Locations
In one scenario, a group systematically targeted major electronics stores across Houston, stealing high-value items such as laptops, tablets, and gaming consoles. By hitting multiple locations in a single day, the group amassed merchandise worth tens of thousands of dollars. The thefts were coordinated, with individuals assigned specific roles, such as distracting employees, grabbing items, or driving getaway vehicles.
Fencing Operations Through Online Platforms
Another common example involves the sale of stolen goods through online marketplaces. High-end fashion items, electronics, or jewelry are listed on e-commerce platforms such as auction sites or social media marketplaces, often at discounted prices to attract unsuspecting buyers. These platforms provide anonymity and a global reach, making it difficult for law enforcement and retailers to trace the stolen goods back to their origins.
Warehouse Storage of Stolen Merchandise
Sophisticated crime rings often use storage units, warehouses, or even rented homes as hubs to conceal large quantities of stolen goods. For instance, a Texas-based operation rented multiple storage units to store stolen merchandise collected from different cities. Once a significant inventory was gathered, the items were sold in bulk to buyers who knowingly or unknowingly participated in the illegal resale process.
“Smash-and-Grab” Thefts
In some cases, groups execute dramatic smash-and-grab thefts, breaking into retail stores after hours or using tools to shatter display cases. These incidents often target jewelry stores, electronics retailers, or high-end fashion boutiques. The stolen goods are quickly removed, and the perpetrators flee within minutes, making it challenging for authorities to respond in time.
Retail Employee Involvement
Organized theft rings sometimes recruit employees to assist with their schemes. These individuals may provide inside information about store layouts, schedules, or security weaknesses, making the thefts more effective. In some cases, employees are coerced or incentivized to participate in return for a share of the profits.
These examples highlight the diverse tactics and ingenuity behind Organized Retail Theft in Texas, as well as the significant challenges they pose for retailers and law enforcement.
What to Do if Arrested for Organized Retail Theft in Texas
If you are arrested for Organized Retail Theft in Texas:
- Remain silent: Do not speak to law enforcement without legal counsel.
- Preserve evidence: Gather any documentation, receipts, or communication that could support your case.
- Contact Varghese Summersett immediately: Time is critical to building an effective defense.
Possible Defenses for Organized Retail Theft in Texas
Defenses for a charge of Organized Retail Theft in Texas depend on the circumstances of the case but may include:
- Lack of intent: Demonstrating that the accused did not knowingly participate in the theft or resale of stolen merchandise.
- Mistaken identity: Proving that the accused was wrongly identified as part of the theft ring.
- Lack of evidence: Highlighting insufficient evidence to connect the accused to the organized activity.
- Coercion or duress: Showing that the accused was forced to participate against their will.
An experienced criminal defense attorney will thoroughly investigate the case to identify weaknesses in the prosecution’s argument and build a strong defense.
Facing a Charge of Organized Retail Theft in Fort Worth, Houston, or Dallas? Contact Us Today.
Organized Retail Theft is a serious offense with far-reaching consequences. If you or a loved one is facing charges, call Varghese Summersett at 817-203-2220 or contact us online for a confidential consultation. Our attorneys have a deep understanding of Texas theft laws and the experience necessary to protect your rights.
