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June 3, 2011

Loss Prevention & Safety Recruiters Since 1983


Our Mission--To Educate, Inform, and Instill a Sense of Community
The LP industry's interactive daily e-mail column where YOU can make postings



Coming June 10:
Doug Marker
Vice President
LP, Risk and Audit
Michael Stores, Inc.

Bill Titus
Vice President
Loss Prevention
Sears HC

LP Program Spotlight
eBay's PROACT Team

Know about an event we should feature here? Let us know.

Annual Technology Showcase and Golf Outing

June 29-30, 2011
Hilton Hotel
Beachwood, OH

Limited number of free rooms available for out of town guests -- please RSVP by June 3

Please see our
Invitation and Agenda

Complimentary Webcast:
Enhancing Your Operational Audit Process

June 29, 2011
2:00 p.m. EST

University of Florida
Security Research Project

Sr. LP Executives can email for NRSS Survey

Women in LP Caucus
Mentor Program
Register Here

August 7-10, 2011
National Food Service Security Council
32nd Annual Meeting

Hyatt Grand Champion
Indian Wells, CA

October 4-6, 2011

CLEAR/Coalition of Law Enforcement and Retail
2nd Annual Training Conference
Peppermill Resort/Casino
Reno, NV



John Moriarty was named Director of Loss Prevention for A'GACIA, a 47-store women's specialty chain based out of San Antonio, Texas.

The Joint Industry Coupon Committee (JICC), the industry group that sets coupon policy, is forming a subcommittee that will address coupon fraud, and is seeking participants.  The subcommittee will develop a "reverse database" of counterfeit coupons that retailers can use to reject coupons identified as being in the database, said Lauri Martin, senior manager of coupon strategy for Coca-Cola Refreshments, during a presentation yesterday at the U Connect Live conference here.  Companies interested in joining the subcommittee should contact Sue Knotts at Wakefern Food Corp., Keasbey, NJ.  Coca-Cola experienced $1.7 million in counterfeit coupon losses last year, Martin said.  (Source

Customs inspectors at the Los Angeles/Long Beach port complex seized 1,932 karaoke machines bearing counterfeit San Disk markings with an estimated manufacturer's suggested retail price of $964,068.  (Source

The Department of Justice seized 140 domain names from sites engaged in illegal sales and distribution of counterfeit goods and copyright works between Nov. 2010 and May 2011.  (Source

In less than 50 seconds, two thieves take $1 million in Rolexes at gun point in a smash and grab from Saint Cross Jewelry Store inside Koreatown Plaza in Los Angeles.  (Source

With rising raw material cost, corporate America's focus on margins, and companies increasingly concerned with being eco-friendly, clamshell packaging and all petroleum-based materials used in packaging are beginning to disappear.  The entire packaging industry is under pressure to reduce cost and be more eco-friendly.  Target, Wal-Mart, The Home Depot, and Amazon have all started initiatives aimed at reducing plastic and making "frustration-free packaging."  The clamshell packaging played a great role in helping to reduce shoplifting for the last 20 to 30 years, but now the recession has driven retailers to look at new ways to save money and packaging is a major cost area.  Tamer-evident treated cardboard that reduces cost by 20% to 30% is becoming the new standard.  (Source

With Borders already closing 237 stores and the Gores Group only interested in half of the remaining 405, what will happen to the other 200?

Two Director of Loss Prevention positions should be named within the week.

The E coli bacteria outbreak in Europe that has killed 18 and sickened over 1600 is feared to be a new "super toxic" strain that has never been isolated in patients before and has the U.S. FDA worried about a possible outbreak here in the states.  They suspect raw tomatoes, cucumbers and lettuce as the source of the germ, but have not been able to pinpoint the exact food responsible.  (Source Associated Press)

The former chief financial officer for co-op Affiliated Foods Southwest was convicted yesterday of bank fraud for covering up the defunct company's losses and faces up to 30 years in prison for each of his three counts.  Affiliated Foods was a wholesale cooperative that supplied hundreds of member grocery stores throughout the South and owned 45 stores in Arkansas and Texas.  Its bankruptcy wiped out about $34 million in member investments with over 60 investors losing at least $100,000.  Prosecutors accused Martinez and former president John Mills of writing bad checks and falsifying income statements to cover up the company's losses.  Mills pleaded guilty to fraud and was sentenced to 41 months in prison.  (Source Associated Press)

Homeland Security funding now reaches $42.3 billion.  (Source Associated Press)


Annual Technology Showcase and Golf Outing

June 29-30, 2011
Hilton Hotel
Beachwood, OH

Limited number of free rooms available for out of town guests -- please RSVP by June 3

Please see our
Invitation and Agenda



eBay PROACT Team Assist With Investigation Leading to Arrest of Store Employee

eBay's Asset Protection PROACT team members working aggressively with the loss prevention team of a retail program member and law enforcement agents leads to arrest of long-term store employee for thefts exceeding $10,000. The 42-year-old suspect was arrested by Hendersonville, TN police officers earlier this week and charged with theft greater than $10,000. Hendersonville Police said the suspect worked at the local Publix grocery store and stole thousands of dollars worth of store products over a yet to be determined period. The suspect then allegedly distributed the merchandise to wholesale markets in Nashville and Gallatin area, and on eBay. Police recovered nearly $5,000 worth of non-perishable merchandise and investigators are still trying to determine if others were involved in the crime. The suspect is scheduled to appear in court later this month to face the charges.  (Click here for full article)

For further information on PROACT email inquiries to;

eBay Direct - Click Here  -  (notify - info - questions)



Frank Luciano, Civil Demand Associates on...

           A Reasonable Rant on Civil Recovery Laws

The subject of Civil Recovery as it pertains to asset protection isn’t a new concept in the retail industry as many states have possessed recovery statutes for the last 30 years. The retail industry as a whole has tested the waters with these recovery statutes and, in most cases, has pushed for changes which would assist the retailer in avoiding various pitfalls that would occur when one apprehends a shoplifter and attempts to recover compensation for losses incurred.

If you were to pool a group of loss prevention practitioners, asking them to address deficiencies in the recovery laws, the responses would most likely revolve around two major areas of concern: the lack of parental liability for juvenile offenders and the inability to pursue civil recovery of prosecuted offenders.

One cannot discuss the issue of parental liability without addressing its moral and societal implications. Common law dictates that every minor is responsible for their own torts (civil wrongs with compensatory ramifications). Without legislation which would place legal liability on the responsible guardian for their child’s action, the law infers that not only must an action be brought upon the minor, but any due compensation awarded will also lie with the minor.

While the majority of civil recovery statutes allow for parental liability in the context of civil recovery, there are still 10 states that omit such liability. The omission of parental responsibility for their minor offender’s actions means that any civil action must be directed to the minor. Furthermore, any compensatory damages must be paid by that minor. From a public policy standpoint, any practices in this vein would be deemed unacceptable and might even contribute to decreased patronage of a retailer’s brand.

The majority of states which have instituted a clearly defined relationship in the face of such a challenge have done so for two reasons. From a public policy standpoint, it seems only fitting to shift fiscal responsibility to the parent or legal guardian. Holding parents financially responsible for their children’s actions can result in motivating the needed parental oversight that can have a positive effect on minor recidivism. Coupled with this principle is the compensatory nature of the civil law venue to make the victim whole. The criminal system remains rehabilitative in nature in that it lacks the full compensatory function that the civil system can provide.

Conversely, it is this same systemic separation which is seemingly ignored when the statute outlines the mutual exclusivity of civil recovery versus criminal prosecution. Most of our contemporaries in the civil recovery industry refer to a handful of states as “either-or” states. These are typically states whose legislation outlines a strict prohibition for making a civil demand if any criminal matter has been initiated. As with parental liability, the majority of civil recovery laws allow a retailer to pursue a civil demand while criminal prosecution is taking place. There are, however, 5 states which either expressly prohibits a retailer from pursuing the civil recovery of prosecuted offenders, or there is a de facto prohibition from civil recovery due to impediments placed by the civil recovery statute in trying to pursue a civil demand as it pertains to a prosecuted offender.

Retailers are essentially forced to choose between making a civil demand and referring a case for prosecution. Although such a stipulation may have been included as a means of elevating the potential burden of a case being filed in both the civil and criminal forums, the legislature has inadvertently placed a very unusual responsibility in the hands of the punitive side of the legal system.

Typically, the criminal system will provide a remedy for the victim to recover any actual damages incurred while the civil system will allow for that retailer to claim security and apprehension losses. This is the remedy upon which most states have relied and have thus maintained the traditional compensatory role of the civil system concurrent with the punitive role of the criminal system. The most costly cases in terms of personnel and investigation are also the same cases that retailers would like to see prosecuted.

Those recovery statutes which fall into the “either-or” category have essentially created a situation in which a retailer who chooses to arrest shoplifters and dishonest associates will have no recourse for reimbursement of their loss prevention expenditures (the spirit of civil demand).

Although retail theft cannot be completely stopped, our efforts to assuage it can allow retailers to extend the best pricing possible to their patrons. Issues, such as parental liability and “either-or statutes”, go hand-in-hand with reduced recidivism and economic prosperity. Shifting the responsibility to that of the parents (the very consumers who patronize those retailers) helps to greatly reduce recidivism. Reduced recidivism infers a decrease in overall security and apprehension costs and thus a reduced price to the consumer for sought-after goods. This principle, coupled with a simply-conveyed, globally-applied civil demand amount, will directly affect the cultivation of the same economic prosperity that the state professes to encourage.

(Article co-authored by Neal C. Tenen, attorney at law)


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ORC Investigator Walgreens Texas Walgreens
Regional Loss Prevention Mgr Burlington Coat Factory AL, MS, TN Region Burlington Coat Factory
Regional Loss Prevention Mgr Burlington Coat Factory AR, LA, OK Region Burlington Coat Factory
Regional Loss Prevention Mgr Burlington Coat Factory Metro NY, NJ and CT Region Burlington Coat Factory
Regional Loss Prevention Mgr Burlington Coat Factory San Antonio Region Burlington Coat Factory
Director of Asset Protection Confidential NYC, NY Downing & Downing
District Loss Prevention Mgr Sears Holdings Corp. Washington DC Sears Holdings Corp.
District Loss Prevention Mgr Sears Holdings Corp. Honolulu, HI Sears Holdings Corp.
District Loss Prevention Mgr Sears Holdings Corp. Redwood City, CA Sears Holdings Corp.
Regional LP Mgr Sears Holdings Corp. Atlanta, GA Sears Holdings Corp.
Director of Loss Prevention Confidential Midwest Downing & Downing
National Account Sales Mgr Confidential Chicago, IL Downing & Downing
Asset Protection Manager The Home Depot Phoenix, AZ The Home Depot
Asset Protection Manager The Home Depot Metro Northern NJ The Home Depot
Asset Protection Manager The Home Depot Sacramento, CA The Home Depot
Asset Protection Manager The Home Depot Salem, OR The Home Depot
Asset Protection Manager The Home Depot Detroit, MI The Home Depot
Director of Loss Prevention Confidential California Downing & Downing

Today's Daily Job Postings from the Net - Appearing Today Only

Job Opening




Loss Prevention Mgr Hard Rock Hotel Chicago, IL Hard Rock Hotel
Loss Prevention Mgr Sears Holdings/Sears Tampa, FL Sears Holdings Corp
District LP Mgr Kohl's Illinois Kohl's
District LP Mgr Kohl's Huntington Beach, CA Indeed
District LP Mgr Walgreen Co Boston, MA Indeed
Loss Prevention Mgr Sears Holdings/Sears Laguna Hills, CA Indeed
Regional LP Mgr 99 Cents Only Stores Los Angeles, CA Indeed
Area LP Mgr Rent-A-Center Raleigh, NC Monster
District LP Mgr Duane Reade New York, NY Monster
Director, Pharmacy LP Rite Aid Camp Hill, PA SimplyHired
Store LP and Safety Mgr Lowes Mobile, AL Lowes
Loss Prevention Mgr Sears Holdings/Kmart Baltimore, MD Sears Holdings Corp
Regional LP Mgr Abercrombie & Fitch Dallas, TX Abercrombie & Fitch
John Moriarty named Director of Loss Prevention for A'GACIA.
Darin Barton, CFI, was promoted to Manager of Field Investigations for Lowe's Companies.
Shawn Fitzpatrick named Regional Loss Prevention Manager for CVS Drug Stores.
Sev Garcia was promoted to Market Loss Prevention Director for Walgreens - NJ/PA.

Post Your New Job or Promotion! Click Here


Making it new every day and getting energized - pumped up every day can be difficult at times. But it's important to try to find that spark each and every day to make sure you're adding value, getting things done, and motivating the people around you.  It's always great to drive home and think - where did the day go because you were so busy and had so many things to get done, which usually means you were pumped up and energized.  But it's a terrible feeling when you can't get out of first gear and the day drags on forever.  Just remember, oftentimes it's merely mind over matter and you make your own day and, quite frankly, you're also making the day for a lot of people around you and they're looking to you to set the pace.

Just a thought
Gus Downing  

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