To amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged nationally and internationally in organized crime involving theft and interstate fencing of stolen retail merchandise, and for other purposes.
Organized Retail Crime Act of 2009 - Amends the federal criminal code to define "organized retail crime" as: (1) the stealing, embezzlement, obtaining by fraud, false pretenses, or other illegal means of retail merchandise in quantities that would not normally be purchased for personal use or consumption for the purpose of reselling or otherwise reentering such retail merchandise in commerce; or (2) the recruitment of persons to participate in such criminal activities.
Modifies the crime of transporting and selling or receiving stolen goods to include activities involving organized retail crime and the facilitation of such crime through the operation of an online marketplace.
Expands the crime of fraud involving access devices to include the use of gift cards, a Universal Product Code label, or a radio frequency identification transponder to obtain goods or services illegally.
Imposes reporting and other requirements on operators of online marketplaces and high volume (at least $12,000 annually) sellers relating to the sale of goods and services suspected of being acquired through organized retail crime.
Requires the U.S. Sentencing Commission to review and, if appropriate, amend its guidelines for persons convicted of offenses involving organized retail crime.
Provides for civil forfeiture of any property used to commit or facilitate organized retail crime.
Allows a business whose goods or services were sold or used in the facilitation of organized retail crime through the operation of an online marketplace to obtain injunctive relief and compensatory damages.
View comments | (Close Window)