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Cargo theft involves the improper and intentional taking of any cargo, which can be of the physical or tangible thing, as well as cyber theft and document fraud where the destination point or goods are altered in some way.
“Cargo” can refer to any kind of good, possession, money or luggage that is usually involved in transport by trucks, train, pipeline or aircraft. Cargo theft is said to be a multi-billion-dollar criminal enterprise in the U.S., and the FBI has seven task forces located around the country to tackle the issue.
As well as the immediate victims of a robbery or theft, cargo theft affects all consumers as prices rise in order to compensate for the losses accrued. Cargo theft has become more of an issue for federal law enforcement since the passing of the USA Patriot Improvement and Re-authorization Act of 2005. Under this legislation, the Attorney General is authorized to “take the steps necessary to ensure that reports of cargo theft collected by Federal, state, and local officials are reflected as a separate category in the FBI Uniform Crime Reporting system”. The Act also increased prison terms for cargo theft convictions: three years for cargo valued under $1,000 and 15 years for cargo valued over $1,000.
Cargo theft is not considered an offense by itself and committing cargo theft can involve committing robbery, extortion, burglary, larceny, motor vehicle theft, bribery, fraud and embezzlement.
Cargo theft can take many forms; the classic example of cargo theft is a group of men hijacking a truck, kidnapping the driver and transferring the cargo to another truck. However, cargo theft also includes the armed robber of a trucking facility or an employee at a trucking warehouse sneaking into the warehouse and stealing stock.
In order for a crime to be considered cargo theft, it has to occur during commercial shipment or be in the supply chain. Therefore, if someone steals mail from a letter carrier, this would not be cargo theft because once the mail has left a final distribution point, it is no longer considered cargo because it is no longer in the supply chain. Likewise, if a good is stolen while it is being delivered to the consumer’s home, the incident is not cargo theft because it is no longer in the supply chain. In this example, it would be considered conventional robbery.
As with any criminal charge, identification is a key element in any cargo theft charge. Misidentification is a leading cause of wrongful accusations and conviction. A thorough investigation can evaluate witness statements and inconsistencies as to the most minute detail. Charges can be dropped or dismissed or reduced based on insufficient evidence of the crime or an individual’s involvement or the requisite level of criminal intent.
Many cargo theft related charges require the use of force or fear. However, if the defendant can prove that he/she didn’t use force or fear to take the cargo, it is possible to have the charge reduced to a lesser offense.
Cargo theft often involves employees acting in concert with the thieves or robbers. Therefore, if the drive of a truck gave the defendant his or her consent to take the vehicle or cargo, there is no carjacking or robbery. Like the “no force or fear” defense, this type of scenario simply doesn’t meet the criteria for a robbery. However, the defendant may still be liable for the lesser included offense of theft.
