Ho Ho Hope Shoplifters Don’t Walk off with Your Merchandise?

shoplifting1Shoplifters love this time of year. There are more people in the stores to help conceal their nefarious activities. There is also great new merchandise and a wide selection, plenty of stock in depth helps them also. What can you do?

Many of you are our customers already and have Checkpoint Systems and also utilize Alpha High Theft Solutions’ products. Unlike your unprotected neighbors, you have a serious advantage to control the thieves. The advantage for you is that your neighbors’ unprotected store merchandise is like a magnet to the shoplifters. When presented with equal valued merchandise that is protected by Checkpoint and Alpha or not protected, the shoplifter will certainly go after the unprotected merchandise.

As a Loss Prevention Systems customer who has purchased your system through us, purchases labels or tags or have PM agreements, you are also eligible for ongoing LIVE training. Our “Shoplifting, because LOSS is a four letter word” training will prepare you and your staff to deal with the shoplifter. This training teaches you how to go on the offense with shoplifters while delighting your good customers.

Keep in mind that we suggest that you use this training for existing and new employees. Because it is live we make it interactive.  Therefore it is a great refresher or ideal for a new retail associate. We will conduct these sessions as reasonably often as you need them. Just call us to schedule.

If you are not a Loss Prevention Systems customer and are interested in this training, simply call us for pricing. We will be happy to assist you.

Shoplifting is simply a business problem that we help you deal with utilizing business proven, commercial grade solutions and techniques provided by professionals that know shoplifting. As the founder and CEO of Loss Prevention Systems, I have dealt with shoplifters all the way from apprehending them during my store detective days to the Board room. With a degree in Industrial Security and over 35 years of experience personally, we are there for our customers. LPSI’s commitment goes on long after the sale.
Our shoplifting training covers:
-The law in your state
-Who is the shoplifter?
-How to spot a shoplifter
-How to go on the offense with them while providing a great atmosphere for your good customers
-What to do and not to do, if you have to confront a shoplifter
-And much more.

It is not too late to get on the schedule. Call today!

Have a great and prosperous holiday selling season!


Gambling and Embezzlement – It’s That Time of Year

theft (2)Anyone with a business knows the holidays bring a distinctive set of challenges. For many owners one of the biggest is the increased risk of loss and fraud through consumer theft. Other owners are relieved that they aren’t in those kinds of businesses and believe that they don’t need to “worry about all that stuff”. But, they forget about or ignore employee theft.

All businesses are subjected to the increased possibility of theft around this time of year. The holidays are exactly the time to monitor employees and financials for signs of embezzlement. There are a few reasons why incidents of embezzlement are more likely to start or increase now. One of them, that’s regularly overlooked, is gambling addiction.

The Marquet Report on Embezzlement is the culmination of a 5 year study which looked into employee misappropriation. It found that gambling addiction is one of the top 2 reasons people embezzle. Therefore, it’s important for an employer to be aware of this issue and to know what to look for, especially now.

For most people increased stress is a given in the months of November and December. Gambling addicts respond to stress by gambling more and when they gamble more they lose more. They then gamble more to try to cover their losses, get back to even, or hit the big score. This leads to more losing and the cycle continuing. Inevitably, they run out of money and accumulate debt they can’t repay.

Because of the season money irregularities can become more pronounced in their domestic situation, triggering more stress, lies and gambling. Gambling addicts will go to drastic measures to cover up their addiction. Now, feeling more pressure, they may embezzle for the first time or steal larger amounts.

But, this doesn’t happen in a vacuum, there’re always signs along the way that something is wrong. Some of the signs to look for include the following.

  • Giving flimsy excuses or lying about absences during the day. This can be more pronounced in areas where there’s a gambling venue.
  • Inappropriately defensive or dishonest when talking about spending habits or income.
  • Asking for advances on pay and/or frequently borrowing money from co-workers.
  • Excessively talking about and showing interest in gambling games, venues, beating the system, odds, etc.
  • Suspiciously guarded and controlling of the company’s financial records.
  • Taking financial work home, even though there’s time to do it during the business day.
  • Insisting on being in charge of bills, invoices, payments, receivables, dealing with vendors, etc.

Embezzlement can emotionally and financially devastate an organization. At best it‘s a violation of trust and at worst it can cause a business to go bankrupt. Nobody likes to think about or have trouble this time of the year, but a good manger doesn’t ignore problems no matter what the season.

Nicole Abbott – writer, educator and psycho-therapist


 

Tis The Season To Be……Robbed

shoplifting1It is getting darker outside earlier. The season brings more than that to us. The pressure on everyone including the bad guy’s increases. This coupled with drug addictions, personal problems and more will make retailers a tempting target. After all you tend to have a lot of cash around or at least the perception of more cash in the drawer is there.

We really don’t care why it happens the real concern is how do we keep it from happening to us? You can reduce your risks with a few simple, cost effective and for the most part common sense measures:

  • Drain your Cash Drawer – Your drawers start out the day with a set amount usually in the neighborhood of $100+/- in cash. Set up a schedule and make it someone’s responsibility to drain the drawer of cash every few hours. An easy way to do this is to pull out the all the large bills such as $50’s and $100’s. Leave only enough of the others to make change. DO NOT think that by hiding them under the cash drawer that no one will notice. Everyone knows this. Pull the money out and seal it in an envelope. You do not even need to count it at this point. Put the sealed envelope in the safe. If you have more than one POS then write the POS number on the envelope. An even easier way to do this is to invest into a simple drop safe that costs around $100 (we can point you to a great vendor for this). You can install a drop safe yourself. It simply bolts under the POS in the Cash/Wrap. They have a slot that you can drop envelopes or just loose bills into. I think the best ones are the ones that use a padlock. Inexpensive and easy to keep up with. Then at the end of shift you simply pull that money out and take it to the back with the till. WHY are we doing this you ask? Most robbers come in and look at your drawer before they hit you that day or another. Having a drawer full of succulent cash is like waving tax money in front of a politician. They simply can resist.
  • Lighting – Get your lighting both inside and outside up to speed. Replace burned out bulbs and ballasts. If your landlord is responsible for any of this then now is a good time to send him an email (finish this article first though as I have a few other tidbits for you). Dark attracts the bad guys.
  • Observe and report – If you see someone suspicious then ask the police to drop by. Speaking of that, do you have a relationship with your local Police Department or are you just another store in the crowd? Granted this is sometimes easier in smaller communities. But large departments will also respond with the right incentives. Make it known that you like their presence there. Coffee and a warm place to write a report helps. Call and ask for a supervisor to drop by (non-emergency). Ask the Sargent what is going on in your area. What suggestions does he or she have for you? Their opinion counts to you, let them know that. Can they have an officer come by as your folks are closing to make sure that everyone is safe? Being a former Police Officer I know that the Police would rather do that then deal with a robbery.
  •   Deposits – I strongly recommend that you do not take deposits to the Bank at night or closing. All the bad guys need to do is see who is showing up at the night deposit. Again it is like candy to a baby. Instead lock your deposit in your safe and take it late morning or lunch time. That is a good reason for you to get away for a few minutes anyway. Instead of that frozen meal in the microwave you can actually recharge your brain battery for a few minutes. Speaking of deposits. Conceal them by putting the deposit envelope or bag into something else. Don’t be obvious.
  • Discuss with Staff – Your people need to be in the loop. Many people treat this as something that will never happen to them. And of course we hope it won’t. But although a nice thought that is like expecting that world peace will really happen someday. I have a list of simple discussion points that I will be happy to send you free of charge, obligation…. just send me an email or call. I also see Managers and Owners that think they will scare their employees by discussing it up front. People including that 18 year old first time employee are tougher than you think. Remember, this is really about their safety not the money.
  • Give Freely! – Last but not least, if someone presents you with the business end of a gun, knife, hand grenade, tank…. (You get the picture) then give them the money and get them on their way as soon as you can. Your duties are the protection of yourself, employees and customers. The money is a small mater when a robbery occurs. As soon as they leave lock the doors, THEN call the police. Robbers have been known to come back when they did not think that they got their fair share of your profits. Do not open the door for anyone except a uniformed police officer. You need to protect and keep your employees and customers there. This will also help to insure that these witnesses are there when to police are on site.

Again contact us if we can help.

Let’s have a profitable and safe holiday selling season!


High Profile Cases

shoplifting7A high profile, professional athlete was arrested recently for shoplifting. Allegedly, he paid for a bottle of cologne and then proceeded to the menswear department. He placed a few packages of underwear in his shopping bag. At the point of his apprehension, he was also found to have a “tester” bottle of cologne in his bag (unpaid for) as well. He is not the first athlete/ celebrity to be caught shoplifting, and most certainly will not be the last.

A similar situation would include a shoplifter who is related to (or claims to be related to) a high profile personality. It is a frequently used tactic that a shoplifter will try to intimidate their accusers by name-dropping congressmen, chief or police, celebrity, etc. More often than not, these claims are unfounded, or play no significant role in an investigation. For the few times that the claims are true, your store will have more to contend with than the loss of merchandise.

These high profile shoplifters do not steal out of need. They clearly have the money to pay for such items. They are stealing out of boredom, entitlement, or simply because they are looking for a challenge- to see if they can get away with it. Their crimes are not necessarily expensive items; sometimes it can be simple items like underwear, health and beauty items, even food items. This means that it is not improbable that a celebrity can shoplift from a small, local store.

That being said, it is not a common occurrence for a store to experience a shoplifting incident by a high profile person. It is merely a fact to keep in mind while you are making shoplifting apprehensions. You never know whom you might be picking up, so it is best to make sure your policies, practices and actions are completely by the book for each incident.

After making an apprehension, the suspect might try to bully their way out of the situation by telling you who they are, or who their relations are. This is the time to be professional, avoid making sarcastic or snarky comments and stick to the facts. If they truly are a high profile personality, every little step may be dissected and criticized later on. The media outlets will inevitably catch wind of the apprehension and will try to make it a bigger story that what it needs to be.

You can be faced with news reporters, bloggers, fans, etc coming into your store. Some will just look around to see the now infamous store. Others will come in and try to make trouble- asking questions, making comments, even potentially making threats.

I worked loss prevention for a retailer, who many years ago made an apprehension of a very famous actress. Even though the case was air tight, national news sources hovered throughout the entire process. Statements had to be made to ensure the integrity of our company’s reputation remained in tact. At the same time, it was very important that our own legal team was involved to make sure we did not overstep the legal boundaries of an open court case. If for some reason the apprehending officer made statements to the media, and the case was lost in court, we could have had potentially disastrous civil liability cases brought against us by the actress. On the day the verdict from her criminal trial was to be released, every one of our stores across the country received numerous threatening phone calls. Some merely threatened to never shop with us again if “we” found the actress guilty of shoplifting. Others had more severe threats of violence.

With the increased chance of media scrutiny during a high profile shoplifting incident, retailers can often find themselves faced with more variables and consequences than what was anticipated for a seemingly routine shoplifting apprehension. Without black and white policies in place, the added liability from a case gone wrong can have devastating and lasting consequences both to a retailer’s image, and their financial bottom line.


Court Room Drama

law-3If you have never been in court before, it can be a very eye opening experience. There are similarities between TV courtroom proceedings and real life, but the overall experience is very different. If you are planning on prosecuting shoplifters or employees for theft, it is important to understand this step in the process.

Working within the court system is essential to ensure the employee or shoplifter has an official record of their wrongdoing. This criminal prosecution provides concrete evidence against an employee or shoplifter of their alleged acts. This record makes it easier for potential employers to understand an applicants past history, an indicator of their future reliability.

Here is how the process generally works. At the time of a shoplifter’s apprehension, or the completion of an employee theft interview, local law enforcement will be called in. This could be the city police, county police, or even the local sheriff’s department based on your individual store’s location and jurisdiction. If you have multiple locations, understand the jurisdiction might be different for each one. Specifically knowing which department to call ahead of time will simplify the process during an actual incident.

The responding law enforcement will ask a few questions from you. They will take a statement from both sides, and usually ask to see any video available. This is the initial opportunity to present your evidence against the suspect. This is not a time to hold back actual evidence you may have, or give unsubstantiated opinions as evidence.

Law enforcement will take the suspect into custody (if applicable) and file a police report. You may need to go down to their station to fill out additional paperwork depending upon the local protocol. From there papers will be filed with the court system. You should receive a subpoena stating the time, date and place of the court case for your suspect. Understand that it might take a few weeks to several months for this to happen. It is all based upon your local court’s current caseload.

During this downtime, you should ensure that you have created a case report with statements explaining each step of the shoplifting incident, any statements made by the suspect, any paper evidence, a detailed listing of merchandise stolen (size, style, UPC or SKU, color, quantity) photos taken of the suspect, their ID or the merchandise, employee ID, and any video evidence. This case report needs to be kept in a private, locked file cabinet or other place that eliminates contact or access by other employees. Any deviation may allow the defendant’s attorney to question the integrity of the chain of evidence and speculate that it has been tampered with.

When you are set to go to court on the specific time and date given, make sure you show up early and bring your case report with you. Law enforcement may have requested copies at the time of the arrest, but it is better for you to not rely on law enforcement to bring it with them. They have so many cases on a daily basis; they may not remember months later what they were given. It is your responsibility to prove the suspect guilty based upon your evidence. If you show up with nothing, the suspect may be found innocent. Bring the report and file with you.

When you show up, find the prosecuting attorney. They are the ones presenting the case on your behalf. Show them your file, your video, and answer their questions. They are not trying to pick your case apart; they just need to have a full understanding of what they can present to the defense attorney and the judge. Arriving early allows you enough time to best prepare your case with the attorney and have better end results.

While you cannot dictate that a suspect is charged with a specific crime (felony theft vs. misdemeanor theft) you are allowed to let the attorney know that the suspect is not to return to any of your store locations. If so, they will be charged with trespassing.

At this point the attorney will confer with the defense attorney. They will try to work out a plea bargain, which the suspect hopefully will take. They may not stick with the original charges, but a plea bargain will save you countless hours and trips back and forth to the courthouse for an actual trial.


What You Should Be Auditing

theft (11)When you work for yourself, you often spend a lot of time inventing the wheel. There is no corporate policy already in place for your stores to adapt. No one is there looking over your shoulder and telling you what records to keep and for how long. Sure, you probably have an accountant somewhere helping you with some record retention requirements. There are other IRS and tax records that you keep for a certain period of time. Overall, it is up to you to make these decisions and have a standard in place.

One area that can be difficult to make your own standard is having an internal audit. While it is a chore to come up with the questions and audit points, the payoff of having a better standardization and in store accountability will far exceed the trouble you put into to establish an audit.

One of the best places to start is by researching Sarbanes- Oxley. The Sarbanes- Oxley act of 2002 is a set of legal requirements that all organizations, regardless of size, must comply with. It basically regulates financial practices, after several companies were found guilty of falsifying their own financial records. The company’s biggest fallout was that they ended up devastating thousands of their own employees financially.

The ultimate point of the act is that companies are required to provide accurate and truthful information as to the company’s financial status. Over inflating sales, inventory, amongst other practices, to give a deceitful impression of a company’s success is now illegal. Companies must retain records of their financial status to ensure accuracy at all levels.

The easiest way to do this is to perform self-audits in key areas. These audits should be done daily, weekly, monthly and yearly, depending upon the task. Hiring a consultant can provide you with the legal specifics to keep your company on the up and up. Understanding the basics ahead of time can help you decrease those consultation costs, as you will already have some practices in place.

The first place to start is with your inventory. Understanding a cradle to grave approach to your product will not only help you with accuracy in your auditing, but keeping a closer eye on your product will help you decrease your shrink over the long term. Your starting point is with your receipt of goods.

Each shipment of inventory you receive should be documented and a bill of lading retained and filed by month. On each BOL should be the signature of who received the items, the date and time received, and a check mark or tally of what was received- either by piece, box or pallet.

Next, you should maintain listings and reports of items that are taken out of your inventory for a specific reason. If they are damaged and thrown out, sent back to a vendor for credit, used in the store, stolen, etc. There needs to be a paper trail attached to where these items have gone and why. A signature, or employee ID or who reallocated the products disposition should be included with these document (also retained and filed by month).

If you are still using paper sales receipts, including paper journal tapes, those records need to be filed by date, and then month. This is your listing of what merchandise has left your stores and is your proof that these sales actually happened and were not fraudulently contrived. If you have an electronic sales tracking system, you still need to have paper documentation of these sales retained somewhere in case of a computer glitch, etc.

Finally, all returns must be retained and spot-checked for accuracy. Since returns are another way for inventory to come back into the store, it is an important process to verify that these returns are accurate. Look for multiple transactions of the same item, or significantly larger dollar transactions. These are the returns that are most likely to have been done in error (over inflating your actual inventory) or can point to an employee’s dishonest activities.


Who Are You Really Hiring?

theft (13)So you run an ad to fill a position you have available. You receive some really good resumes and you move to step two, screening them. With the intense competition for employment, how do you know if what you have before you is real or maybe…a bit over inflated? There are a couple of things that you can look at to help you to spot potential problems.

I view resumes and applications as a “test” to see if the candidate can spell, write properly and comprehend the questions and information requested. After all this person wants the job, you have the job, you would think they would want to put their best foot forward in their first impression. Integrity is one of those.

In the years that I have been a hiring manager I have found a few items to look at that help me sort good from bad.

Dates of Employment: I have found this to be one of the most lied about items on a resume or application. Let’s say the candidate has had three jobs. They were fired from job number two and do not want you to know about it. Instead of listing job number two, they simply stretch the dates of jobs one and three to cover. So, verify the dates of employment.

Over- Inflated Titles: Many times when you look at the resume you will find that a title does not fit the experience or even the age of the candidate. The resume shows a string of titles like this: Dock Worker then Dock Lead then Dock Supervisor then Dock Manager then Director, Central Intelligence Agency, then Dock Manager, Central Intelligence Agency. The candidate is 24 years old. Okay, maybe this was a bit of a silly example but you get the idea. Pay attention to titles and age.

Resumes That Are Too “Slick”: Most of us are not the greatest writers. Look at me. But we can get across our experience in basic form. Someone whose resume reads like an advertisement for a new car company probably had some serious help which could mean a professional resume writer put it together. This may be all right for some companies. But you have to ask yourself is this the person I am really hiring. It could also mean that the professional writer, in some cases to make their customer happy, over inflated the candidate’s experience. Does the resume seem too good to be true? Then it probably is.

All Candidate’s Should Fill Out An Application: This is in addition to their resume. Compare the two. You will be surprised in some case when you actually compare the two. They may not remember the lies they told on the resume. Always require both and compare them.

If they lied at this point in the application process what do you think they will do when they work for you?

Bill Bregar is the CEO of Loss Prevention Systems. He can be reached at 770-426-7593 x101 or at www.LossPreventionSystems.com


Should They Stay, Or Should They Go?

shoplifting5When you or your employees apprehend a shoplifter, you will need to make one of two choices as to what to do with them. You can either recover your merchandise and let the shoplifter go about their way, or you can take the shoplifter back to an office or other neutral location within your store. Both have their advantages, and both have potentially negative outcomes if not conducted properly.

The easiest thing to do is to retrieve your merchandise from the shoplifter and let them go. No muss, no fuss, and no lengthy apprehension process to deal with. You will need to document the incident and keep the report in a secured location. You need to document the time and date, the description of the suspect, what merchandise (include item numbers or UPC codes) was taken and recovered. Any video of the incident should be retained, and a photo of the merchandise should be taken also. Notate what happened to the merchandise- is it being kept as evidence, or was it returned to the sales floor after being photographed.

Don’t underestimate that a shoplifter will try and come back and sue your store for false detention and liable. They may assume that because you did not prosecute that you did not have enough evidence, which is why you let them go. Even if they were to loose the case (because you had everything well documented) you can still fight with your store’s reputation if the media gets involved, or simply the time and money it will cost you to fight the charges.

Of course this is assuming that the shoplifter stopped and willingly handed over the stolen merchandise they were carrying. If the shoplifter runs, fights, or is problematic, it might not be easy to recover your merchandise. Similarly, if the merchandise is hidden within a bag, or on the shoplifter’s body somewhere, you cannot go searching for it to get it back- especially if the shoplifter is denying having stolen anything.

If you do bring a shoplifter back to your office, you should do so with purpose. Do you need to recover product in a bag? The shoplifter will still need to hand it over to you; you may not search their personal belongings. If the suspect has hidden merchandise on their person, you may not make them disrobe to retrieve your merchandise. That is something that absolutely should be left for law enforcement to do.

Once back in the office, your witness should be taking notes as to what is being said, and what transpires. The shoplifter’s ID should be obtained and photocopied (as proof of who was stopped). You may question the suspect to find out why they are taking product from you and what were they going to do with it later. This is particularly important if you are experiencing multiple losses of the same products. Keep in mind that they may not talk to you, and they are not required to talk to you. You may not force them or coerce them into confessions or into giving up more information.

Your company should have a set policy on who is prosecuted and who is not (also why not). Commonly, elderly, young children or minors, and mentally disabled are not prosecuted. Generally it is because these categories of people do not have the mental capacity to distinguish right from wrong. Prosecutions and referrals to law enforcement should have standardization to them. This way, employees won’t need to make a personal judgment call on who is prosecuted and who is not.

Finally, keep you back office area, or where ever you will bring shoplifters to, clean. There should not be anything large or heavy (staplers, three hole punches, scissors) that can be turned into a weapon. This area should also be relatively remote. It should not be an area where customers and other employees can walk by. The suspect has a right to their privacy during the apprehension. They should not feel like they are out on display.


You Are in Charge

shoplifting3There is a video of a shoplifting apprehension that has been making its way across the internet. The video is not a company sanction video or even surveillance based off of CCTV coverage. It is a video that some bystander started to record on their cell phone. Within the video, you see two employees making a shoplifting apprehension. The suspect is refusing to comply, and a physical altercation is ensuing. At some point, one of the employees is stabbed, the suspect ends up on the ground and the second employee starts to hit the suspect in the face.

The video is an interesting mix of several things that were done correctly, and several things that absolutely were not. Even more interesting are the comments that were posted that very clearly showed two completely opposite line of thought around not only what the video showed, but the interpretation of the events as well.

In the video, we do not see what happened at the start. We do not see what the merchandise is, or where it’s at, or even if there actually was stolen merchandise. All we see is the apprehension taking place in the parking lot between two cars. The suspect is clearly fighting off the employees and refusing to comply. One employee verbally states that he is (company name) loss prevention and to stop fighting. He says this a few times, clear enough that it is caught on the video.

This is a very important part of the apprehension process. The employee needs to make sure the suspect is aware that they are store employees, not random people that are assaulting him. Without a verbal identification, a shoplifting suspect can say they ran, or fought because they didn’t know who was coming after them. If an employee carries and shows some form of badge or employee identification, it only strengthens the employee’s clout during an apprehension.

This particular employee is also seen wearing a set of handcuffs, and later puts them on the shoplifting suspect. This is one of the points of confusion during the reader’s comments. Many believed that the store employee had no legal right to carry or use handcuffs. While each jurisdiction can be different, it is actually legal in most places for the use of handcuffs in a shoplifting apprehension by store employees.

The biggest part to remember is that handcuffs are used only to keep the employees and the suspect safe. There is a right and a wrong way to put the handcuffs on. They can be put on too tight or too loose, and the employee needs to execute the application correctly. Shoplifters should not be handcuffed to objects like tables or chairs. Shoplifters must also be protected from harm while they are wearing handcuffs. Needless to say, hitting a shoplifter with the cuffs, or throwing them at them is not legally or morally acceptable. All of this is the responsibility of the employee and the company if handcuffs are to be used.

Back in the video, as the suspect was finally on the ground being handcuffed, the second employee takes a few punches to the suspect’s head. What I see, based off of years of experience, is an employee who has not been properly trained, and is mentally and physically worn out from the fight and the adrenaline surge during the apprehension. This is not excusable, and the employee and the company could be held liable for assault. It is a sad reminder that employees who are to be used as a witness need to be selected carefully, and properly trained well before they act as a witness. This role should not be performed by the closest available employee as you are going out the door to make an apprehension.

Finally, it was shocking to see how many people commented about how employees and stores are not allowed to make apprehensions; that they should have let the suspect go and called the police. Again, it is important to check with your specific codes for your location. However, it is commonly acceptable for a retailer to stop a shoplifter. It falls under Merchant’s Privilege of the shopkeeper’s code. Basically, it is a citizen’s arrest.

If your stores do allow for apprehensions of shoplifters, it is important to make sure your employees are acting completely within their rights, and are well informed of what they can and cannot do. With this many people oblivious to the fact that apprehensions are legal, don’t take it for granted that your shoplifters understand they can be apprehended and prosecuted. A shoplifter who thinks that only police can stop them will be more brazen to steal, and also much more difficult to convince to surrender peacefully.


Training Your Witness

shoplifting7When apprehending a shoplifter, you need to make sure that all employees are aware of what their roles are and what they are responsible for doing. You should use job positions as a basis for who is responsible for what. For example, you might determine that only managers are allowed to make shoplifting apprehensions. You might qualify any employee who has gone through loss prevention training can make shoplifting apprehensions. Determine your skill level and staffing requirements to determine what makes the most sense for your stores.

The next step is training employees to be a witness during a shoplifting apprehension. Most loss prevention training revolves around identifying and detaining a shoplifter. Having a witness and defining what that witness can and cannot do is often overlooked. Unfortunately, it is very easy for a witness, who is not properly trained, to do more damage during the actual apprehension than they provide a benefit.

Even when an employee is only a witness, they are still acting in an official capacity as a representative of your company. If these employees were to make comments of take actions that are illegal or improper, the company can still be held liable for those actions. As a result, any employee who will potentially be called upon to act as a witness should be thoroughly trained prior to their involvement in any shoplifting detentions.

A witness is anyone who will assist a trained employee that making a shoplifting apprehension. The witness really needs to be another store employee. Using a customer as a witness is not advisable. Customers might take it upon themselves to exert undue force, or to make derogatory comments. A customer, no matter how well meaning their intentions may be, does not understand what their legal limitations are during the situation, and the store will still be held liable for any of their actions.

A witness should have a basic understanding of what a shoplifting apprehension is, and why it is happening. They do not need to be intimately aware of the actual sequence of events. They do need to understand they are there to provide an eyewitness to the detention and any questioning that may follow.

The witness should also provide a balance for the shoplifter. If a female is being apprehended, there needs to be a female employee involved in the apprehension. This can either be the employee who is detaining the suspect, or the witness. Same rules apply if the suspect is a male. To avoid a possible (warranted or not) sexual assault or harassment suit there always needs to be an employee present that is of the same gender as the shoplifting suspect.

Ideally, the same witnesses needs to be present from the time of detention to the time the shoplifter is either released on their own, or into the custody of law enforcement. Since the witness might be required to give a statement to the events, it is easier if only one person is there from start to finish. Having a replacement during the middle might provide unnecessary confusion as to who saw which part of the apprehension, and did some pertinent information get missed during the switch from one witness to the other.

Once the employees have made their initial approach for the detention, and have brought the shoplifter back to the office or room to do the interview, the witness needs to be in charge of documenting the incident. They should start by documenting what time the approach was made, what time the suspect entered the office and what has been said up to this point. Specifically, the suspect’s comments upon the initial approach should be quoted accurately. Did they deny it? Did they admit to stealing? What happened next? Was there a chase or a physical altercation? Did the suspect come back peacefully?

Any statements made or given need to be notated. The final disposition of the suspect and the evidence needs to be made. If law enforcement was called the time the call was placed, and the time they arrived should be documented. Above all else, the witness needs to realize they are there to assist and not to interfere with the investigation and apprehension of the shoplifting suspect.