NCJ Number
45960
Journal
LEGAL POINTS Issue: 76 Dated: (1977)
Date Published
1977
Length
4 pages
Annotation
THE MEANS BY WHICH RECEIVING STOLEN PROPERTY (RSP) OFFENSES MAY BE COMMITTED ARE EXAMINED. PARTICULAR EMPHASIS IS ON FENCING OPERATIONS AND THE EFFORTS BEING MADE BY CRIMINAL JUSTICE PERSONNEL TO CURB THIS CRIME
Abstract
A 'FENCE' IS AN INDIVIDUAL OR ORGANIZATION OF INDIVIDUALS WHO BUY AND SELL STOLEN PROPERTY. FENCING OPERATIONS MAY INVOLVE A SINGLE PURCHASER WHO ILLEGALLY SELLS THE MERCHANDISE OR MAY INVOLVE REDISTRIBUTION THROUGH LEGITIMATE RETAIL OR WHOLESALE BUSINESSES. BY PROVIDING A READY MARKET FOR STOLEN GOODS, SUCH OPERATIONS PROVIDE AN IMPETUS FOR POTENTIAL BURGLARS, THIEVES, AND EMBEZZLERS. IN ADDITION, BY OPERATING AS LEGITIMATE BUSINESSES, LARGER AND MORE SOPHISTICATED OPERATIONS POSE GREAT DIFFICULTY FOR POLICE DETECTION; THE APPEARANCE OF RESPECTABILITY OFTEN RESULTS IN LENIENT ATTITUDES TOWARD AND LIGHT SENTENCES FOR RSP OFFENDERS. FACTORS WHICH MUST BE CONSIDERED IN MAKING A DETERMINATION OF SUFFICIENT CAUSE FOR ARREST INCLUDE KNOWLEDGE OF THE THEFT, PROOF OF OWNERSHIP BY THE SUSPECT, KNOWLEDGE OF CRIMINAL HISTORY OF THE SUSPECT, DEMEANOR OF THE SUSPECT, AND TIME AND LOCATION. IN BRINGING AN RSP CHARGE, GENERALLY THE IDENTITY OF THE SOURCE AND TIME OF RECEIPT OF THE GOODS NEED NOT BE KNOWN. OBTAINING A CONVICTION ON AN RSP CHARGE IS OFTEN DIFFICULT BECAUSE PROSECUTORS MUST USUALLY RELY HEAVILY ON CIRCUMSTANTIAL EVIDENCE. IN ADDITION TO HAVING PROOF OF THE STOLEN NATURE OF THE PROPERTY, KNOWLEDGE OF ITS STOLEN NATURE MUST ALSO BE ESTABLISHED. TACTICS AVAILABLE TO THE PROSECUTION SEEKING TO ESTABLISH A PRESUMPTION OF GUILTY KNOWLEDGE MAY INCLUDE GROSS INADEQUACY IN PRICE, UNUSUAL TIME OR LOCATION OF THE TRANSACTION, PREVIOUS HISTORY OF RSP OFFENSES, AND IN SOME STATES, FAILURE TO MAKE INQUIRY INTO THE NATURE OF THE GOODS. EVIDENCE ABOUT GOOD CHARACTER OF THE OFFENDER IN SUCH CASES IS GENERALLY ADMISSIBLE AND, UNLESS THERE IS PROOF OF CONSPIRACY BETWEEN THE THIEF AND DEFENDANT, SPECIAL RULES REGARDING THE ADMISSIBILITY OF ACCOMPLICE TESTIMONY ARE INAPPLICABLE. ONE OF THE FIRST MAJOR EFFORTS TO ERADICATE FENCING OPERATIONS WAS UNDERTAKEN IN 1972 BY THE MINNESOTA ATTORNEY GENERAL'S ORGANIZED CRIME UNIT. THROUGH LEAA FUNDING, UNDERCOVER OFFICERS IN 9 CITIES HAVE RECOVERED OVER $26 MILLION IN STOLEN PROPERTY. SEVERAL SUCCESSFUL UNDERCOVER SCHEMES HAVE ALSO BEEN CARRIED OUT BY POLICE AND FEDERAL BUREAU OF INVESTIGATION FENCING INCORPORATED ( PFF INC.) IN THE DISTRICT OF COLUMBIA. PFF INC. OPERATIONS HAVE INCLUDED THE 'STING' AND THE 'HIGHROLLERS,' WHICH SOLICITED STOLEN PROPERTY. IDENTIFICATION PROGRAMS WHICH INVOLVE RECORDING SERIAL NUMBERS AND/OR PUTTING IDENTIFYING MARKS ON PROPERTY BY INDIVIDUALS AND BUSINESSES HAVE AIDED IN PREVENTING THEFT AND IN IDENTIFYING RECOVERED STOLEN PROPERTIES. IN ADDITION, MANY STATES HAVE IMPLEMENTED PREVENTIVE LEGISLATION ESTABLISHING CIVIL LIABILITIES FOR RSP OFFENDERS. RELEVANT CASE LAW IS INCLUDED IN A SERIES OF FOOTNOTES. (FOR PART 1 OF THIS ARTICLE, SEE NCJ-45963. (JAP)