How Smart Prosecution Changed Retail Theft In Queens
The Queens County District Attorney’s Office has sought several effective means to combat the rise in retail theft that has victimized communities across the nation over the last several years. The Office understands that crime prevention often requires a comprehensive solution, including prosecution, support and services to victims, as well as programming and treatment to stabilize the community and prevent recidivism.
- By:
- The Queens DA's Office
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Over a year ago, on November 26, 2024, the office filed charges in another large-scale international retail theft and fencing operation case. With over $2 million in stolen merchandise, it marked the first time in New York State that anyone has been charged for the crime of Fostering the Sale of Stolen Goods, a new measure passed by the legislature and signed into law by Governor Hochul to address sophisticated retail theft crime. Soon thereafter, on January 15th, the office filed additional charges against two more individuals of this ring who were alleged to have been responsible for diverting millions of dollars in merchandise from the manufacturers to other members of the criminal enterprise.
A New Approach to Retail Theft
In addition to focusing retail prosecution efforts on large-scale retail theft operations, in June 2021, the Queens DA's Office created the Queens Merchants Business Improvement Program in partnership with the NYPD and community stakeholders to combat the rise in retail theft that has victimized communities across the nation over the last several years. This initiative seeks to address the problem of repeat shoplifting as well as threats and harassment directed at customers and store staff by the handful of individuals responsible for many of these disruptions to local businesses.
How Effective Is the Program So Far?
Over 2,600 individuals have been served with trespass notices. To conduct an initial analysis of this program's effectiveness, we selected 1,622 individuals who have been served with trespass notices and who have been subject to the program for at least 1 year. This gives us enough time to get a sense of arrest patterns under this program.
Each represents three defendants who have been served with a trespass notice.
Each represents three defendants who has been arrested for returning to the location from which they were served with a trespass notice.
We find that 91.5% of individuals who have been served with trespass notices were not arrested at that same location within the time period analyzed.
Conversely, 8.5% are rearrested at the same location within the time period analyzed. Businesses can now partner with law enforcement and the Queens County DA's Office to address recidivists who continue to steal from the same location.
How Has the Program Grown Since Borough-wide Adoption?
The program was piloted in Jamaica in June 2021 and quickly expanded to Flushing and Astoria. After starting with just 26 businesses enrolled during the pilot period in 2021 and 2022, the program opened to all businesses borough-wide in August 2023. Following the expansion of the effort to every precinct in Queens County, approximately 450 businesses are now enrolled and include “mom-and-pop shops” as well as large chain retailers. We continue to offer mental health services and drug treatment for those defendants for whom those conditions are applicable.
Robert Battipaglia, owner of Grand Wine & Liquor in Astoria, enrolled his business in the program in 2022, following several incidents of theft. As a wine and liquor store owner, he saw his store as “a magnet for shoplifting.” The Queens Merchants Business Improvement Program made him “feel less helpless and know that [business owners] have a way of protecting [themselves].”