Bill: Organized Retail
Crime Act of 2008
Bill #: H.R.
6491
Introduced: July
15, 2008
Introduced by: Representatives
Brad Ellsworth (D-IN) and Jim Jordan (R-OH)
Bill Summary:
The Organized Retail Crime
Act of 2008 would define ORC and make it a federal crime for the first time.
The bill would also establish that operation of auction sites could be
considered “facilitation” of organized retail crime unless the operator could
show specific steps had been taken to ensure goods being sold were not obtained
by theft or fraud. It would also require site operators to cooperate with
retailers and police, and allow retailers to sue over the sale of stolen
merchandise.
Click here to
view H.R. 6491.
Bill: E-Fencing Enforcement
Act of 2008
Bill #: H.R. 6713
Introduced: July
31, 2008
Introduced by: Representative
Bobby Scott (D-VA), Chairman of the House Judiciary Committee’s Subcommittee on Crime,
Terrorism and Homeland Security and Subcommittee Member Artur Davis (D-AL)
Bill Summary:
The E-Fencing Enforcement
Act of 2008 (H.R. 6713) would require online auction operators to retain
information about high-volume sellers and provide that information to “a person
with standing” once a valid police report is filed. The “person with standing”
could be a retailer, if they filed a signed police report,
or a law enforcement officer once police have received a valid report.
Click
here to view H.R. 6713.
Bill: Combating Organized
Retail Crime Act of 2008
Bill #: S. 3434
Introduced: August
1, 2008
Introduced by: Senator
Richard Durbin (D-IL), Senate Majority Whip and Senate Judiciary Committee Member
Bill Summary:
The Combating Organized Retail Crime Act of 2008 (S. 3434), would require enhanced sentencing
guidelines for those engaged in ORC activities and require online marketplaces
to retain certain information about high-volume sellers. It would also
require physical and online marketplace operators to review the accounts of
sellers engaged in possible criminal activity and file suspicious activity
reports with the Attorney General, as well as require physical and online
marketplace operators to suspend the activities of sellers when there is clear
and convincing evidence that they are selling illegally-obtained goods.
Click
here to view S. 3434.