To Prosecute Or Not – The Ball’s In Your Court

Does it matter whether you prosecute shoplifters? There are some retailers that will not prosecute a shoplifter if they catch them. Many retailers discourage their employees from following someone outside to get a vehicle description or license plate number even if they know someone stole from the store. Then there are the retailers that will allow managers to approach someone who is suspected of shoplifting. What is the best approach to addressing theft? Have you thought about why or how you approach the issue of theft?x

Why would a retailer catch a shoplifter but then not prosecute them for the crime? There are several reasons a store owner may choose not to charge a shoplifter if they do catch them. 

  • When a shoplifter is caught and sent to jail or in some cases a citation to appear may be presented, the store manager or person who caught the shoplifter has to go to court. This can be a time-consuming prospect. There are jurisdictions where the person who filed a complaint or prosecuted a shoplifter will be prosecuted themselves if they fail to appear in court for a case. 
  • Some store owners will use the promise of not prosecuting a crook if the merchandise is returned. The owner is more interested in getting their product back than what happens to the thief.
  • There are managers who do not prosecute because they feel badly for the shoplifter. They believe that consideration of the person’s circumstances is an appropriate response to an offender. For example a person may say they shoplifted food because they are hungry or they stole clothes because they are homeless or needed them and could not afford to purchase them.
  • There are situations when a store manager takes age into consideration. The apprehended party may be (or claims to be) a juvenile giving an age that falls into that state’s age bracket for juveniles. The manager may feel they are doing a favor by not marring the youth’s future opportunities with a criminal record. A manager may also feel sympathy for an elderly person because of advanced age or possible mental deterioration.

Each of these decisions has some merit on their own. There is nothing wrong with feeling badly for a person or their circumstances. There can be some ramifications that result from releasing someone who has been caught shoplifting if you are not careful. 

     Consider what happens if you decide not to prosecute someone and they leave your store after you have detained them and they were to be injured. I am always especially cautious when the party is identified as a juvenile. Anytime you are dealing with a child you have to be careful. If you choose not to contact the police after stopping someone, even if you retrieve your merchandise what proof do you have that you recovered anything from that person? Is there a chance you could be falsely accused of unlawfully detaining that person? Even if you do recover merchandise and no issue transpires, without a police officer being present to hear you tell the person not to return there is no documentation of the incident. Nothing prevents that shoplifter from returning to your store again. 

     Catching and prosecuting shoplifters does carry its own risks and headaches. Sometimes there are just no easy solutions. One thing you have to be very cautious of is inconsistency. If you prosecute one person and not another person are you at risk of being sued for discrimination? Could someone say you gave preferential treatment based on age, race, gender or any other factor because it was learned you previously allowed a break to other people?

     If you are going to allow managers to stop people for shoplifting it is crucial that they have received quality training on how to do so safely and consistently. Be certain not to allow any behavior that would endanger your employees and do stress that they are allowed to make decisions based on how they feel about their own safety. If they believe a shopper is stealing but the person’s behavior is threatening or intimidating in some manner trust your managers to back off or if it is serious enough to contact police. 

     No one can tell you the best approach to dealing with shoplifters. Ultimately it is your decision to make. What I can say is that a store with a focus on customer service and a strong retail anti-theft strategy can deter the vast majority of shoplifting and eliminate the need for prosecuting shoplifters because they will leave the store empty-handed.  

Tips That I Wish I Had Learned Before Entering Loss Prevention      

Loss Prevention is a wonderful career choice that can lead to other positions in retail. There are, however tips I wish I had known before I began the job that would have prepared me for the adventure I was about to embark on. I started out in a Loss Prevention Associate position after spending four years as a U.S. Air Force Law Enforcement Specialist and another 2 ½ years earning a Bachelor’s Degree.  I was offered the position and to be honest I went into it with the mindset that this was a Law Enforcement position in civilian clothing. There was nothing that really dissuaded me from the notion as I was taught to catch shoplifters, use closed circuit television cameras and electronic article surveillance equipment. I assisted with employee theft cases but these were few and far between. It was not until later when I had been a Loss Prevention Manager for several years before I started to understand the real role of Loss Prevention in a store. With this is mind there are some things that I would like share with those entering the profession that can be eye opening and prepare them for the job ahead.

  • You are not the retail police – Unfortunately it is easy to fall into the trap of believing you are an arm of the police department. You aren’t. You can and should build strong partnerships with police but you are not protecting the community. Your job is to make your store profitable. You need to learn about stock shortage and all of the ways it happens. Yes, you need to learn to identify, prevent and maybe catch shoplifters. You also need to add to that knowledge how employee theft occurs, how to identify it and investigate it. You also need to understand vendor processes, how to read invoices and credits. You should spend time learning and stocking freight and where operational shortage takes place. Become intimately familiar with cashiering procedures and cash office functions. Each of these areas of responsibility impact store profits and the more you know the better you become at multiple areas of the store.
  • Hiring and Supervision – You may only be starting as a Loss Prevention Associate but if you are smart you will partner with the hiring manager. Ask to be part of the store application review process. Learn to look for the red flags on a candidate’s application or resume that could spell trouble if that person is hired. You can be a valuable partner in helping in the hiring process. As a Loss Prevention Manager you will review applications, resumes and conduct the interviews. You will need to know your company’s hiring process and whether it includes a drug test or background check. While we are discussing it lets also talk about who you decide to hire. Hire people with skill sets that are different from yours. While I would not discourage you from hiring someone with Loss Prevention experience be mindful that that candidate may be more difficult to train. They will bring along training from other retailers that may not be in keeping with your store best practices.
  • Trainer and Leader – Get ready to train others and not just Loss Prevention personnel. You will be training store associates on electronic article surveillance alarm response. You will train cashiers on till tap and short change artist prevention. You will train employees on robbery procedures. You may work with the stock team on how to identify mis-shipped merchandise. Show them how improper stocking affects shortage and inaccurate merchandise reordering. You could be required to conduct new hire orientations. You will also instill in the whole team the importance of customer service as a means of reducing theft but also how it drives sales. As a leader you will request appointments to meet with other managers and discuss operational matters. The more informed you are in how things work the better prepared you can be to help improve operational procedures.

Clearly there is much more that a Loss Prevention professional can add to the store than just being a person who catches shoplifters.

     The core roles and responsibilities of the Loss Prevention team entail the reduction of retail shrinkage and even maintaining a safe shopping environment. You may not be a first responder but you could be the first person called to an accident inside or outside the store. Frequently it is the Loss Prevention personnel who are first called to find a lost car, lost child or stolen purse. You will be the one who has to calm an irate customer. Learn from these tips I am sharing. You aren’t going to be a police officer, you are going to be a Retail Loss Prevention Professional and that is a quite a job! 


Suspect Signs Of Employee Theft? What Is Your Next Step?

Maybe you have seen it before and never gave it much thought, you walked by a cash register and saw a gift card lying next to it. A customer probably just changed their mind, right? Perhaps you saw your salesfloor person wearing a heavy jacket while working but you just attributed it to them being cold all the time. You may notice cash shortages periodically but they are under $10 and some people get busy and make little mistakes, it happens. Then there is the cashier that seems to be really interested in the store and always reports suspicious people he sees. He even asks managers if there might be security camera footage that could be reviewed to see the “suspect” in case they return. There is the saleswoman who finds a lot of empty packages on the floor and reports them to the manager and where she found them so managers would know about theft taking place in the store. These each seem like harmless issues on the surface but could there be something more nefarious going on under your nose? Is something starting to seem a bit curious after all? If you are suspecting something dishonest may be going on in your store what is your next step?

     You may be thinking this would be the time to call the police and report your suspicions. Hold your horses, what are you reporting, a gift card tucked next to a register? A couple of low dollar cash shortages? You won’t get very far with the police and they certainly aren’t going to do any investigation for you. The appropriate step is to contact Bill Bregar at Loss Prevention Systems, Inc. He will walk you through the next stages of what you need to do to look into this further. Sure you are busy and have a million things to do each day but if you suspect theft is taking place something has to be done before it gets out of hand. Then again maybe there is another way to tackle this. Yes, Bill will be happy to talk to you and discuss your case but it might be in your best interest to let Bill conduct the investigation for you.

     Why hire Bill to do the investigation for you? Well for starters Bill served in the U.S. Army as a Military Policeman, a Military Intelligence Officer and he was a police officer.  He is no stranger to conducting investigations. He is a trained and licensed private investigator, skills that are well suited to a successful retail investigation. Bill has also been a Retail Loss Prevention Director at the national level which makes him uniquely qualified to conduct store-level dishonest employee investigations. Who better to have on your side as a detective unless you could hire Sherlock Holmes and I hear he is currently unavailable?

      Are there other signals you might be overlooking that may indicate dishonest activity other than those touched upon earlier? Do you know where to begin looking? Do you know how to look for indications of employee’s conducting fraudulent refunds? What are the signals of sweetheart deals taking place under your nose? You can have an inkling that theft is happening in your store but if you know what signals to look for you can be sure when it takes place. The critical piece to getting your merchandise and/or cash back and restitution is a successful investigation. Loss Prevention Systems, Inc. has training seminars and workshops that can educate you on how employee theft takes place, signs to look for and how you can prevent it. When it does take place you will know what is going on and can call on Bill to be your personal gumshoe.

     Investigating employee theft is no game. Private investigators are a dime a dozen but finding a reputable company that is experienced in retail theft investigations is a more difficult task. Hiring an investigator with the background Bill has may seem to be an unattainable goal. Fortunately for the small and medium-sized retailers searching for a sleuth is simplified with a single stop at Loss Preventions Systems, Inc. Theft is probably happening in your store, the question is, what are you going to do about it?


Sweethearts In February Are wonderful, Sweethearting Deals Between Employees And Their Friends Are Not

It is the time of year again when Cupid starts shooting his arrows and couples fall in love. What is more romantic than the marriage proposal in a restaurant and a ring presented in a glass of champagne? How about sweethearts strolling along the beach under a moonlit night? Is there anything more touching than the couple that has been married for a very long time and they still walk hand in hand wherever they go? Sometimes love makes us do something dumb to try to impress the apple of our eye. In one instance, a prisoner escaped from jail because he was worried how his wife might react to all the time he had been spending in jail. In another instance, a man robbed three waffle house restaurants and a 4th business in order to pay off his girlfriend’s probation fees (both from mentalfloss.com, “11 Strange Things Done in the Name of Love,” by Jennifer M. Wood, Feb 14, 2014). Perhaps it is the purchase of a ring we can’t afford but we are determined to show our love and commitment to the person we are enamored with. Love is fine and we may even excuse behaviors we might normally consider silly when two people are in love. What is not acceptable is when love and friendship turn into “Sweethearting” deals in a retail business.

 Sweethearting is a theft or fraud activity that transpires between two or more people who know each other. At least one is an employee who provides special deals to his or her friend(s) and sometimes co-workers. The transgressions often start out small. They may involve giving a small discount on a drink or snack. Maybe it is “accidentally on purpose” overlooking an item while scanning merchandise through a register. More often than not what starts off as a little gift or friendly gesture evolves into a big problem. That boyfriend or girlfriend starts coming to the store more frequently and checking out in their friend’s line. What may have started out as the occasional extra candy bar in the bag or a large drink at the snack bar for the price of a small drink quickly turns into outright passing and theft.

If the activity is going to take place at the register, the cashier may send a text message to the friend alerting them that they are on a register and will look for them to come in. There are a variety of ways the two can rip-off the store. The cashier can ring merchandise up and discount it so it appears the transaction is legitimate. The employee can fail to ring up merchandise and bag it which becomes a passing situation. There is also the tendering of money that can result in cash shortage. The friend hands over a cash payment and the cashier gives too much change to the patron. This is a difficult type of theft to see transpire because money does change hands.

Sweethearting also takes place when an employee intentionally looks the other way when her friend is in the store shoplifting.  This does not require the employee to take an active role in the crime. All that is required is for the employee to make a point of turning a blind eye to the theft as it is being perpetrated. There are times when the two parties plan out when the friend will come to the store and steal. This also means the employee is now an active participant and aiding in the commission of the crime which is much more serious on the part of the staff member.

Encourage your team to be friendly and courteous. Go above and beyond in the service you offer to customers. Love your shoppers, just make sure your employees aren’t being sweethearts in the process.