Higher Felony Thresholds - Bail Reform - COVID Fueling Theft
Smash-and-Grab Thefts Continue to Plague Retailers Across U.S.

Rising store crime now plagues many communities.

Shoplifting no longer fits its traditional mold as a nonviolent crime perpetrated mostly by teens or substance-abusing adults. Nearly two-thirds of the retailers surveyed by the National Retail Federation said that violence associated with store thefts has risen, led by organized gangs that resell the goods they steal. Corie Berry, CEO of Best Buy, recently said that store crime had become so pervasive that it was depressing profits and traumatizing staff. Like retailers, top law-enforcement officials place some of the blame for the crime surge on a widespread lessening of penalties for shoplifting.

California's recent headline-making shoplifting sprees have brought widespread attention to Proposition 47-a 2014 state ballot initiative, supported by a range of left-leaning and libertarian groups, which, among other things, boosted the felony threshold for shoplifting from $450 of merchandise to $950. Soon after it passed, retailers in California began reporting a sharp uptick in retail theft, often in plain view of helpless store personnel and distressed customers. Amid the frenzy, national chains like Walgreens and Target have announced that they're closing their San Francisco stores, while others have cut operating hours.

What has received far less attention, however, is the fact that California's Prop. 47 was not an outlier among states. In the past ten years, nearly half of all states have boosted their thresholds for retail felony theft. Thirty-eight states now don't consider shoplifting a felony unless $1,000 or more of merchandise gets stolen. A 2020 National Retail Federation report on organized retail crime found that two-thirds of retailers in states that had raised their felony shoplifting minimums reported growing retail theft.

Changes to bail laws have also played a part in the crime wave, retailers say. Increasingly, those who engage in misdemeanor property crime-considered a nonviolent offense-are quickly back on the streets, where some go right back to stealing.

The unintended consequences of other government policies have contributed to the problem. Mask mandates allow criminals to cover up their faces in stores without attracting attention. Bans on single-use plastic bags have made it acceptable for consumers to walk around stores with their own non-transparent reusable bags, enabling thieves to load up in the aisles and head for the exits.

Only now, after years of growing retail theft and California's recent high-profile "flash mob" incidents, has the problem even begun to command media attention-a reminder that when low-level crimes are allowed to grow unchecked, they inevitably evolve into something more dangerous and costly. Retailers and cops are looking for reforms to help stem the thievery.

Shopping this past holiday season came closer to pre-pandemic normality. The only question now is whether that normality will also include flash mobs, smash-and-grab thieves, and terrorized employees and customers. city-journal.org

ORC Insurance Coverage?
Organized chaos: Insurance coverage & retail crime

More than two-thirds of retailers said the pandemic heightened the risk of organized crime, according to the National Retail Federation.

"Organized theft rings" screamed headlines toward the end of 2021 as a string of incidents riddled authorities and shook shop owners in major cities across the country, moving some retailers to beef up security and municipalities to reroute traffic to stop the trend.

Even before the recent headline news, organized retail crime (ORC) was on the rise, according to the National Retail Federation, which reported three-fourths of retailers saw an uptick in organized retail crime during 2020.

Further, over two-thirds of retailers said the pandemic heightened the risk of organized crime. Overall, 57% of retailers indicated growth in ORC, according to a 2021 retail security survey.

"Organized theft is relatively new terminology that is used when we see these types of mass thefts that have occurred recently. If these events took place in the course of a riot, they would be considered looting," Chris Kirby, global head of political violence and terrorism for Optio Group, tells PropertyCasualty360.com.

Additionally, retailers have an obligation to protect merchandise and ensure people pay. Retailers should detain those caught stealing and proceed with the legal process from there, Kirby explains. "The fact that isn't taking place needs to be highlighted. This is being allowed and companies are fully aware they are taking these losses on their balance sheet," he says.

Underwriters' expectations

Even for locations with alarm and security systems in place, if there is no response to the alarm by personnel or hired security then the system's purpose is defeated. Kirby likens it to a fire suppression system, which an underwriter would assume is in working order when placing coverage.

One of the keys to determining if a policy applies is reviewing what occurred before, during and after the crime. Kirby says if there is a clear threat of violence, underwriters would not expect someone to put themselves in harm's way.

"If they (perpetrators) are just walking out without the threat of violence, then I challenge why insureds are allowing that to happen," he adds. "In this day and age, when everything is captured on video, there is probably a whole wealth of video available to see what happened in the buildup. Or if there was no one at the door stopping them." propertycasualty360.com

Backlash to NYC Mayor's Tough-on-Crime Stance
Can Adams Rebuild, and Rein In, a Notorious N.Y.P.D. Unit?

Mayor Eric Adams wants to recreate the department's plainclothes anti-crime unit, which recovered illegal guns but was responsible for a number of fatal shootings.

During his successful campaign for mayor of New York City, Eric Adams made his top priority clear: tackling the rise in gun violence that began early in the pandemic.

But the path that Mayor Adams has charted to reduce shootings centers on reinstating a version of the plainclothes police units that had become notorious for their use of force on Black and Latino New Yorkers before the units were disbanded in 2020.

The proposal to restore what were known as anti-crime units has been roundly criticized by progressive groups, and underscores the tensions Mr. Adams is facing over policing issues in his first days in office.

Mr. Adams, a former police captain who was at times an outspoken critic of the department from within, helped lead the backlash against the units after officers killed an unarmed Black man, Amadou Diallo, on his porch in 1999.

The units were widely viewed within the department as an elite force that produced strong results. But they played an outsize role in the searches of millions of young Black and Latino men across the height of the stop-and-frisk era. And studies suggest the practice - which very rarely produced weapons - did little to actually lower crime levels.

To some, Mr. Adams's history makes him uniquely qualified to rebuild the unit responsibly. But others worry that he has forgotten lessons of the past, and say that an intense focus on gun enforcement has historically led to aggressive and discriminatory policing.  nytimes.com

New Manhattan DA Already Taking Flack For Progressive Agenda
Conflict Quickly Emerges Between Top Prosecutor and Police Commissioner

A memo by New York City's new police leader sharply questioned Manhattan's new district attorney over his strategy for prosecuting crime.

New York City's new police commissioner has expressed severe dissatisfaction with the policies of the new Manhattan district attorney, sending an email to all officers late on Friday that suggests a potential rupture between City Hall and the prosecutor over their approaches to public safety.

The email from Police Commissioner Keechant Sewell said she was deeply troubled by policies outlined by Alvin Bragg, the district attorney, in a 10-page memo that Mr. Bragg sent to his staff on Monday. The memo instructed prosecutors to avoid seeking jail or prison time for all but the most serious crimes, and to cease charging a number of lower-level crimes.

Commissioner Sewell, who, like Mr. Bragg, was just a week into her job, said in her email to about 36,000 members of the department that she had studied the policies and come away "very concerned about the implications to your safety as police officers, the safety of the public and justice for the victims."

The email, which was first reported by WNBC-TV, suggests a looming conflict not just between them, but also between the new district attorney and the commissioner's boss, Mayor Eric Adams.

Mr. Adams made a crackdown on crime one of the main themes of his campaign; Mr. Bragg, following in the path carved by a handful of prosecutors in cities around the country, pledged to help reshape the legal system, to avoid disproportionate punishment for first-time offenders or those struggling with mental health issues or poverty.

To some degree, the emerging tensions between the commissioner and Mr. Bragg reflect a broader political argument between centrist Democrats across the nation looking to soothe voters worried about crime and a movement of progressive prosecutors that has pushed for more lenient policies to make the justice system more fair and less biased.  nytimes.com

Progressive DA Pledges to 'Stay the Course'
Manhattan DA Alvin Bragg surprised by 'push back' - defends policies
Newly installed Manhattan District Attorney Alvin Bragg defended his controversial policies in a Harlem speech Saturday saying it had been a "long week" that left him surprised about the "push back" on his progressive agenda.

"I'm new to politics but I'm steadfast. We are going to stay the course," Bragg said at the Rev. Al Sharpton's National Action Network headquarters.

The DA's policies, made public Tuesday, included instructions to his prosecutors to stop seeking prison sentences for many crimes and to downgrade felony charges in cases including armed robberies and drug dealing.

Bragg told the supportive crowd at NAN's House of Justice that no one should be surprised by his actions. Bragg said some career criminals needed to be connected to mental health or addiction services.

"This is going to make us safer. It's intuitive. It's common sense," he said. "I don't understand the push back." But he insisted he would be tough on guns.

"If you go into the store in Manhattan and used a gun to rob that store, that's is armed robbery, that is serious and we will be prosecuting armed robbery in Manhattan," he said. nypost.com

Recall Efforts Already Underway?
Angry biz leaders to meet with new DA Alvin Bragg, discuss recall efforts over soft-on-crime agenda
The Partnership for New York City, the Big Apple's largest business advocacy organization, will meet with progressive Manhattan DA Alvin Bragg to voice their concerns over details of his stay-out-of-jail free card for criminals.

Some members of the group are so angered by Bragg's new policies that they are also discussing efforts to recall the newly elected prosecutor, The Post has learned.

The meeting was prompted as complaints from city business leaders poured into the office of Kathryn Wylde, the Partnership's CEO, beginning last week after a memo from Bragg's office outlined his new, hyper-lenient policies for prosecutors seeking incarcerations.

Bragg's memo ordered his staff not to "seek a carceral sentence" except for murders and other extremely violent cases. The memo added that Bragg's new rule "may be excepted only in extraordinary circumstances based on a holistic analysis of the facts, criminal history, victim's input (particularly in cases of violence or trauma), and any other information available." nypost.com

Op-Ed: Manhattan DA Alvin Bragg's policies act as obstruction of justice league
 
Gowdy obliterates Manhattan DA for 'hug-a-thug' crime approach


Other Progressive DAs Face Recalls Over Crime Records

'Dramatic' Crime Increase Fuels Recall Efforts in LA
Beverly Hills votes to recall DA George Gascón for eliminating bail & dropping charges for many crimes after wealthy enclave is rocked by robberies

Gascón eliminated bail and automatically dismisses charges for many crimes

The city council of overwhelmingly Democratic-voting Beverly Hills has issued a unanimous vote calling for the recall of Los Angeles County District Attorney George Gascón over his progressive policies where he has elimated bail and dropped charges for many crimes.

The city council's 5-0 vote in favor of a resolution demanding Gascón's recall is not legally binding, but expresses the wealthy enclave's fury over his policies as crime soars in the area.

'Over the last 12 months, Los Angeles County has seen a dramatic increase in widespread crime including follow-home robberies, smash-and-grab incidents and the tragic death of beloved Beverly Hills philanthropist Jacqueline Avant,' the city council said in a statement.

The council also cited a number of policy directives issued by Gascón, including the elimination of bail for any misdemeanor or 'non-serious' felony, and a policy of refusing to charge numerous misdemeanors. dailymail.co.uk

San Francisco DA Under Recall Pressure
In a big election year, money is pouring into key San Francisco campaigns
June recall election of District Attorney Chesa Boudin shaping up to be year's most expensive
 

US: 62.6M Cases - 861.3K Dead - 42.5M Recovered
Worldwide: 311.3M Cases - 5.5M Dead - 260.8M Recovered

Former Senior Loss Prevention Executive
Know of any fallen LP exec? Let's remember & recognize.

Private Industry Security Guard Deaths: 341   Law Enforcement Officer Deaths: 596
*Red indicates change in total deaths

New Global COVID Record
U.S. reports 1.35 million COVID-19 cases in a day, shattering global record
The United States reported 1.35 million new coronavirus infections on Monday, according to a Reuters tally, the highest daily total for any country in the world as the spread of the highly contagious Omicron variant showed no signs of slowing.

The previous record was 1.03 million cases on Jan. 3. A large number of cases are reported each Monday due to many states not reporting over the weekend. The seven-day average for new cases has tripled in two weeks to over 700,000 new infections a day.

The record in new cases came the same day as the nation saw the number of hospitalized COVID-19 patients also hit an all-time high, having doubled in three weeks, according to a Reuters tally. reuters.com

America's 'Death Gap'
Death, Hospitalization Data in Two Big Cities Shows the Widening Gap Between Vaccinated and Unvaccinated
The data on deaths from New York and Seattle underscores the relatively low risks for vaccinated people. These numbers show a starker gap between the vaccinated and the unvaccinated than the hospitalization data:

This likelihood - along with the problem of overwhelmed hospitals - is one of the strongest arguments for taking steps to reduce the size of the current Omicron wave. More vaccine mandates and indoor mask wearing can help reduce cases and, by extension, deaths, experts say.

But the early data raises the possibility that the increase in deaths among the vaccinated will remain relatively modest. The gap in the mortality charts above can't merely be a reflection of the lag between the cases and deaths. After all, deaths among unvaccinated New Yorkers and Seattleites had already begun to surge in December. Deaths among the vaccinated had not.

The bottom line: Vaccination remains highly effective at preventing severe Covid illnesses. And Omicron is milder than earlier versions of the virus. The combination means that most Americans - including children and vaccinated adults - face little personal risk from Omicron. nytimes.com

Omicron Crushes Retail Worker Morale
For Retail Workers, Omicron Disruptions Aren't Just About Health

Stores are shortening hours, fitting rooms are being closed and some employees can't go on break. "Morale could not be lower," one retail worker said.

A weary retail work force is experiencing the fallout from the latest wave of the pandemic, with a rapidly spreading variant cutting into staffing.

While data shows that people infected with the Omicron variant are far less likely to be hospitalized than those with the Delta variant, especially if they are vaccinated, many store workers are dealing with a new jump in illness and exposures, grappling with shifting guidelines around isolation and juggling child care. At the same time, retailers are generally not extending hazard pay as they did earlier in the pandemic and have been loath to adopt vaccine or testing mandates.

Macy's said last week that it would shorten store hours nationally on Mondays through Thursdays for the rest of the month. At least 20 Apple Stores have had to close in recent weeks because so many employees had contracted Covid-19 or been exposed to someone who had, and others have curtailed hours or limited in-store access.

"Morale could not be lower," said Ms. Luick, who is a steward for the local unit of the United Food and Commercial Workers union. Even though Washington has a mask mandate for indoor public spaces, "we get a lot of pushback, so morale is even lower because there's so many people who, there's no easy way to say this, just don't believe in masking," she added.

Store workers are navigating the changing nature of the virus and trying their best to gauge new risks. Many say that with vaccinations and boosters, they are less fearful for their lives than they were in 2020 - the United Food and Commercial Workers union has tracked more than 200 retail worker deaths since the start of the pandemic - but they remain nervous about catching and spreading the virus. nytimes.com

Growing List of Retailers Cutting Hours
Lululemon joins Walmart and Macy's among retailers cutting store hours because of Omicron-induced staff shortages
Add Lululemon Athletica to the growing list of companies that were forced to reduce business hours during the key holiday quarter because of staff shortages fueled by the ongoing Omicron surge-and are grappling with a hit to sales as a result.

The athletic-wear company has withstood the pandemic very nicely, but on Monday disappointed Wall Street when it said that its holiday season results would come in at the low end of a range Lululemon had previously given, pointing to the impact of Omicron.

Last month, Walmart said it was temporarily closing 60 of its stores in COVID outbreak hot zones to sanitize them. Apple closed its New York City flagships at the height of Christmas shopping, while companies including Nike, Gap Inc.'s Athleta chain, and Starbucks have cut store hours, often forced to do because of staff shortages. The challenges are continuing into January, which is at least a quiet month for retailers: Macy's has reduced business hours at a number of locations around the country.

COVID-19 case counts exploded at the peak of the Christmas spending period in the second half of December, according to New York Times tallies, and the problem has only gotten worse. The current U.S. seven-day average for new cases exceeds 700,000, surely an undercounting since it does not include at-home tests. The impact has been swift for retailers and restaurants as they have dealt with employees calling in sick, taking measures including reducing store hours and in same cases, closing some stores.

At the same time, Omicron could provide some retailers with an excuse for their own lackluster execution. After all, the 2021 holiday season was the best in years, with Mastercard SpendingPulse estimating that retail sales rose 8.5% between Nov 1. and Dec. 24. fortune.com

New COVID Guidelines for Amazon Workers
Amazon Trims Covid-19 Isolation Period for Workers but Doesn't Mirror CDC

Shift to seven-day policy for hundreds of thousands of U.S. employees comes after health agency halved guidance to five days

Amazon.com Inc. is reducing how long its U.S.-based workers must isolate after testing positive for Covid-19 after the Centers for Disease Control and Prevention recently shortened its quarantine guidance for people infected with the virus.

The online retail giant said in a memo to employees Friday that those with positive tests can return to work after isolating for seven days. That is a longer period than the one recommended by the CDC, which reduced its isolation guidance from 10 days to five. The agency also recommends that people should wear a mask for another five days after isolating.

The company said in its memo that it has based its pandemic response decisions on CDC guidance and the advice of its own medical experts but didn't elaborate on why it opted for seven days instead of five. Company employees who isolate have access to up to 40 hours of paid leave.

Amazon isn't requiring workers to show a negative Covid-19 test before returning to work, matching the protocol set by the CDC, which faced public pressure to add such a standard but this week declined to add that to its guidance. wsj.com

Worker Vaccine Mandate Officially In Effect
Biden coronavirus vaccine-or-test mandate goes into effect
Key components of the Biden administration's COVID-19 vaccine or test mandate for more than 80 million workers went into effect Monday amid an ongoing Supreme Court battle that could ultimately doom the rule.

The months-long legal battle over the requirement, which was previously blocked by a federal court before being reinstated, has created confusion among employers about how to move forward. While Supreme Court justices expressed skepticism about the rule on Friday, they did not block its implementation by Monday's deadline.

As of Monday, businesses with 100 or more employees were required to have a database of their workers' vaccination status, post their company vaccine policy, provide paid leave to workers getting the vaccine and require unvaccinated employees to wear a mask at work.

The Occupational Safety and Health Administration (OSHA), the agency tasked with enforcing the rule, has said it won't issue penalties for noncompliance until Feb. 9. That's the deadline for businesses to implement the weekly COVID-19 testing alternative for unvaccinated workers. thehill.com

Businesses Await Vaccine Mandate Ruling
Supreme Court will likely issue 'split' ruling on Biden vaccine mandate: Dhillon
The Supreme Court on Friday heard close to four hours of oral arguments over two of the Biden administration's vaccine mandates - which have remained under intense legal scrutiny and have been struck down in battles across federal courts.

Dhillon, who is personally representing a client in the case, said the justices will likely uphold the mandate requiring health care workers to be vaccinated while overturning the rule applying to private companies with more than 100 employees. foxnews.com

Insurers to Pay for At-home COVID Tests
The latest move from the Biden-Harris administration requires private insurers to pay for eight COVID-19 tests per person per month.

WHO: 7 million new omicron COVID cases in Europe last week

Israeli McDonald's kiosk requires guests to have vaccination certificate