----- Original Message -----
From: Brian Cluff <
brian@snaptek.com>
To: <
plug-discuss@lists.PLUG.phoenix.az.us>
Sent: Sunday, February 11, 2001 2:22 PM
Subject: Re: [OT] -- Fry's and other retailers - kls
> > How does this "profit from fines work"? Fines are set in court
and go
> > to that jurisdiction. I know of no court that shares fines.
Arizona
> > Revised Statuses do require restitution if that is what you are
> > talking about, however there would be no profit in restitution.
>
> I don't remember exactly how it works, but california has a similar
law. I
> think that Tower Records would fine the people directly about $250
to $1000
> and that it was somehow enforceable under some law. Someone once
told me
> that it was a way for tower to gain back some of the money that the
theif
> cost them. Basicly they assume that the person had successfully
stolen from
> tower in the past. Usually that was true, and they just nail them
for some
> amount they guess they had stolen in the past.
This will never happen. It is unconstitutional. There is a due
process requirement under the law. I can not fine you for stealing
from me. In Arizona I can request restitution or the judge can order
it. Actually, I think the law makes restitution in a theft case
automatic. This would amount to : someone steals a music CD worth
$12.00 they are caught and the product is turned over to the police as
evidence. The police use finger printing powder that stains the CD
case. The CD goes into the property room or is photographed and
returned to the shop that it was stolen from. The CD is damaged. The
judge orders $12.00 in restitution. If the CD is returned in it's
original condition and is returned to the display for sale, no
restitution is made. I don't see how there is a profit here.
I've never looked at theft prevention as a profit center. The only
way that would work is, for example, you loose $2Mil a year. You hire
3 people that cost you $250,000 a year total. They prevent or recover
$500,000 the first year. Your losses are now 1.5Mil + $250,000. You
have a gain of $250,000.
Keith
> I dont know how much truth there as in that, I do know that we
had
> sevral parties that were throw out of the loss prevention budget
from the
> recouped money they got, so they were definatly getting it. I wish
I had
> actually found out exactly what laws they were working under.
>
> I do need to be more clear though... The loss prevention dept. made
money
> over what it costs to employ them. That is NOT adjusted to
compensate for
> the amout of items that go missing over the year... It's just shows
that
> their undercover dudes that are in the store all the time are very
> effective... thats it.
>
> Brian Cluff
>
>
>
>
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