1332
Charging Theft From Interstate ShipmentDollar
Thresholds, Local Efforts
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The Criminal Division has no objection to a United States Attorney
requiring the Federal Bureau of Investigation (FBI) to present only cases
involving the theft of goods or chattels having more than a certain minimum
value
(e.g., $100 or $250), and cases involving less than such figure where
unusual
circumstances are present. The Department also encourages United States
Attorneys to develop prosecutorial guidelines involving dollar loss
thresholds
as a means of managing limited prosecutorial resources. However, in
establishing
monetary thresholds, United States Attorneys must recognize that shippers
and
carriers often are subject to a series of minor thefts which in their
combined
loss value can account for more than 80 percent of cargo thefts. While
Federal
resources do not permit the investigation or prosecution of each minor
individual
theft, when a pattern of thefts is evident or can be demonstrated an
investigative effort by the FBI, which may also involve State or local law
enforcement agents, should be considered. This would be especially
appropriate
where security officials of the carrier are willing to assist in the
investigation.
The Department is committed to increased Federal enforcement
efforts
to combat cargo theft. In recent years, cargo theft clearly has become a
major
crime problem throughout the country. However, the scope of the problem is
difficult to quantify because of the lack of a reliable national data base.
Current estimates of cargo theft losses nationwide range from $3.5 billion
to $10
billion per year.
Although the problem is particularly acute in the port areas of
Miami,
New York/New Jersey, and Los Angeles/Long Beach, most other areas of the
country
also are severely affected. Typically, each of the major transportation
hubs
around the country suffers cargo theft losses estimated at $1 million a day.
The FBI has designated cargo theft, truck hijacking from interstate
carriers, and thefts at and around major seaports and airports, as a
priority
initiative. United States Attorneys should work closely with the FBI in an
effort to identify the scope of the cargo theft problem in each district and
to
develop a coordinated law enforcement response to the problem. If the
district
has an area-wide cargo security committee composed of persons in the private
sector and law enforcement officials concerned about preventing cargo thefts
in
their geographical area, the United States Attorney is encouraged to
participate
in such a voluntary effort.
[cited in USAM 9-61.300] | |