Organized Retail Crime Act of 2008

To amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged nationally and internationally in organized crime involving theft and interstate fencing of stolen retail merchandise, and for other purposes.

7/15/2008--Introduced.
Organized Retail Crime Act of 2008 - Amends the federal criminal code to define "organized retail crime" as:
(1) the stealing, embezzlement, obtaining by fraud, false pretenses, or other illegal means of retail merchandise in quantities that would not normally be purchased for personal use or consumption for the purpose of reselling or otherwise reentering such retail merchandise in commerce; or
(2) the recruitment of persons to participate in such criminal activities.
Modifies the crime of transporting and selling or receiving stolen goods to include activities involving organized retail crime and the facilitation of such crime through the operation of an online marketplace. Expands the crime of fraud involving access devices to include the use of gift cards, a Universal Product Code label, or a radio frequency identification transponder to obtain goods or services illegally.
Imposes reporting and other requirements on operators of online marketplaces and high volume (at least $12,000 annually) sellers relating to the sale of goods and services suspected of being acquired through organized retail crime.
Requires the U.S. Sentencing Commission to review and, if appropriate, amend its guidelines for persons convicted of offenses involving organized retail crime. Provides for civil forfeiture of any property used to commit or facilitate organized retail crime.
Allows a business whose goods or services were sold or used in the facilitation of organized retail crime through the operation of an online marketplace to obtain injunctive relief and compensatory damages.

... morehide bill summarySee Full Bill Text

Sponsor

• Rep. Brad Ellsworth [D, IN-8]
• and 9 Co-Sponsors
  • Rep. Artur Davis [D, AL-7]
  • Rep. Danny Davis [D, IL-7]
  • Rep. Virgil Goode [R, VA-5]
  • Rep. Henry Johnson [D, GA-4]
  • Rep. Jim Jordan [R, OH-4]
  • Rep. John Kline [R, MN-2]
  • Rep. Adam Putnam [R, FL-12]
  • Rep. Mike Ross [D, AR-4]
  • Rep. Heath Shuler [D, NC-11]
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Committees

• House Judiciary

Amendments

This bill has no amendments.

Amendments to H.R.6491

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
July 15, 2008

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All Bill Actions

• Jul 15, 2008: Referred to the House Committee on the Judiciary.
• Jul 15, 2008: Sponsor introductory remarks on measure. (CR E1457)
• Introduced on Jul 15, 2008.

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Related Bills:

• S.3434

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Blog Coverage

September 24, 2008 Bill would give retailers power to halt online auctions

The NRF has announced its support and testified in favor of three bills: HR 6713, known as the E-fencing Enforcement Act; HR 6491, aka Organized Retail Crime Act of 2008; and S.3434, the "Combating Organized Retail Crime Act of 2008. ...

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Source: KezNews.com - Windows portal - News

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August 27, 2008 Big Box Blame Game

HR 6491, the Organized Retail Crime Act, would make it a crime if a marketplace doesn't pull listings when a competing retailer claims they have evidence of theft. This is just asking for abuse: A high-markup retailer can claim that a ...

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Source: The Voice of the eCommerce Industry

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August 11, 2008 Identity Resolution Daily Links 2008-8-11

“House Resolution 6713 was introduced just weeks after the introduction of HR 6491, the Organized Retail Crime Act of 2008, which would require auction sites to cooperate with retailers and police and would allow retailers to sue over ...

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Source: Identity Resolution Daily

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