Recently, headlines splay with incidents of shoplifters at Rite Aid. From stalking and wrestling with other customers, the drama runs the gamut.
In terms of the legality, it begs the question: Does Rite Aid prosecute shoplifters? No, they do not prosecute shoplifters. The prosecution comes from the District Attorney’s office (DA). The only time Rite Aid gets involved with the matter is if there is if the police make an arrest of the shoplifter or the amount of loss is so great they can’t afford not to file a civil suit.
However, every municipality operates differently. There are various laws regarding property return, the amount of total goods stolen, statutes of limitations, and other such things.
Rite Aid’s Shoplifting Policy
Unfortunately, Rite Aid does not publicly display their shoplifting policy. At the time of this writing, we reached out to the company, both by email and phone call, to see what they would divulge to the public. One would think the information would be out in the open, but this is not so.
After two hours, to no avail, no one was able to respond or give an adequate answer about its shoplifting policy.
So, there’s no way to really know how Rite Aid employees should conduct themselves and in what manner they go about prosecuting shoplifters.
However, they do seem to have a whole team dedicated to asset protection. This includes preventing shoplifting and devising ways to stop shoplifters in the act. But it’s also very hush-hush.
It’s almost as if customer care reps, the corporate office, and public relations do not want to touch the subject with a 10-foot pole.
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Real Life Incidents
But, several incidents in recent years have made headline news or were caught on videos that have gone viral. From these, we can glean some of what their shoplifting policy is.
One of the most popular instances of shoplifting at Rite Aid is the video posted by famous actor Michael Rappaport.
He displays his outrage right in the moment of how Rite Aid employees just let a shoplifter walk out of their NYC store with a huge bag of loot. But, this allowance seems to fall in line with the protocols we do know about.
A Hands-Off Approach
Per a court case in 2004 between Rite Aid and Deanna Lee Brandon, Rite Aid has a hands-off approach to shoplifters. They do not allow or condone employees putting their hands on alleged assailants, which include security guards.
Rite Aid actually relegates the role of security guards only to gathering information about the incident.
This policy is still in place and Rite Aid adheres to it. There are cases of shoplifting in the last few years where hero employees end up fired after attempting to stop a shoplifter.
This became ever prevalent when one employee tried to stop a shoplifter in Los Angeles in 2013 and the shoplifter killed him.
Most nationwide pharmacies, like Rite Aid, install such a policy to keep employees and customers safe. But, it is a catch 22. On the one hand, the net profit loss is just walking out the door when an employee could stop the shoplifter.
Yet, on the other, it’s difficult to tell what kind of person the shoplifter is and how willing they are to use violence.
Asset Protection Solutions
However, due to mass shoplifting in NYC, Rite Aid reported a net loss of $5 million due to rampant theft and shoplifting. Because of this, they have closed some locations and, for other stores, are considering putting everything in locked cases.
While it does seem extreme, it’s the only feasible solution to prevent shoplifting.
There are other asset protection measures in place as well. There is a website called “Solvacrime,” where Rite Aid has been able to recoup some of their losses. Here, a customer or employee reports the crime and gives the description of the shoplifter.
In a September 2018 article in Loss Prevention Magazine, Robert Oberosler, group vice president of Rite Aid asset protection, advocates for the site.
It is an invaluable tool where they’ve been able to catch a perpetrator within days or even hours.
General Uptick in Shoplifting
Many stores in major cities across the US are experiencing an uptick in shoplifting, not just Rite Aid. There are several reasons why this is happening. Some of this is due to lax laws, which incentivize criminals to shoplift because there is no risk of repercussion.
In other cases, the District Attorney’s office doesn’t see a need to prosecute even though there’s clear evidence of the crime.
Lax Laws & Flash-Mob Style Theft
Such is the case in San Francisco, California, where shoplifters can take up to $950 before prosecution is possible.
Indeed, the internet and social media splay with videos of people running away with garbage bags full of goods. No one stops them and no one gets involved but there is a clear video of the crime taking place.
Also, organized shoplifting is becoming a problem, where hoards of people get together and mob a store in a fashion similar to looting; at least that’s how it appears.
But, they do this for the specific purpose of boosting merchandise to turn around and sell it online at places like Amazon, Craigslist, EBay, and other such selling platforms.
Typical Shoplifter Prosecution Process
How shoplifters experience prosecution in regards to Rite Aid depends on the location, the severity of the theft, if any other crimes accompanied the theft, and other circumstantial influences.
In some instances, security is able to retrieve the stolen items and retain the shoplifter at the scene. In most cases, the assailant signs an affidavit promising they’ll never return to that location.
In other instances, the police come onto the scene and make an arrest. The shoplifter will sit in jail for at least one night until they have a bail hearing in front of a judge.
The judge then sets the amount required for their release. If the shoplifter is able to get someone to bail them out, they sit and wait to hear about further legal action from their local DA.
Rite Aid’s Influence
Rite Aid can influence the DA’s decision by filing an official criminal complaint against the thief. But, if the DA throws the case out, then the most Rite Aid can do is file a civil action.
Other customers victimized by the shoplifter with some form of violence can press charges as well as Rite Aid on behalf of any injured employees.
If the DA chooses to go through with the case, the result will depend on whether the shoplifter has felony or misdemeanor charges.
So, the sentences can range between fines, jail time, a prison sentence, or community service. However, relaxed laws on theft in recent years often mean there is no arrest and no charges filed.
Conclusion
Rite Aid doesn’t directly prosecute shoplifters. It’s on behalf of the District Attorney’s office that a prosecution goes into court. But, because one state will have different laws than another, the way in which a prosecution comes about varies greatly.
Some major cities in California and New York won’t prosecute at all while places like Indianapolis and Cincinnati will.
It all depends on the laws, the political leanings of the DA’s office, and if they are able to catch the shoplifter. This also includes the amount stolen and if Rite Aid is able to recover the stolen goods.
Reference Sources
https://www.tmz.com/2022/01/26/michael-rapaport-films-alleged-shoplifter-rite-aid-security/
https://www.businessinsider.com/rite-aid-execs-report-5-million-losses-nyc-shoplifting-2022-10