Saturday, May 18, 1996

Shoplifter's parents find petty theft can be costly

By Associated Press

SAN ANTONIO - Stores are trying to collect $200 from the parents of youths who are caught shoplifting - and they're backing it up with the threat of a lawsuit.

The practice, called civil restitution, is being used by retailers to curb shoplifting, which costs U.S. businesses an estimated $10 billion a year. The $200 fee for pilfered items of $50 or less is an industry standard for restocking inventory and security costs.

"The reason the law allows it is because it's such a large-scale problem," Michael Read, a spokesman for Albertsons Inc., told the San Antonio Express-News.

"The losses still far exceed the recovery. You don't catch all the shoplifters," Read was quoted in the newspaper's Friday editions.

At least three other national retail chains in San Antonio are sending out form letters seeking the restitution. The letters usually are sent by a collection agency, lawyers or an in-house, loss-prevention unit.

The Express-News reported that the parents of a San Antonio teen recently received a letter from Albertsons demanding $200 because the youth was caught stealing a six-pack of beer and cigarettes worth about $8.

Deborah Vasquez, the center supervisor for San Antonio's Juvenile Restitution Program, said the stores are going after first-time offenders who already are in a restitution program that requires counseling and community service.

Once the youngster has finished the program, the charge is dismissed. In almost all cases the stolen items are returned, she said.

Many of the parents have low incomes and see the standard $200 fee as a heavy burden, she said.
"Parents get real upset," she said. "That's a lot of money to them."

Ana Novoa, an associate professor at St. Mary's University Law School and the director of the Civil Justice Center, is among critics of the practice.

"They (parents) don't have the money, and they are basically honest people who are trying to do the right thing and they are being preyed on," she said.

Jonathan A. Kaplan, an assistant city prosecutor assigned to juvenile cases in municipal courts, said the restitution letters are separate from the criminal cases.

The criminal charge - theft under $50, a Class C misdemeanor - calls for no jail time but can lead to a fine of up to $500, plus court costs. Rarely is that punishment assessed when the case involves first-time offenders.

Kaplan said parents who have contacted him upon receiving the letters are paying the $200.
A check by the Express-News of recent courthouse records indicated no parents have been sued by retailers in San Antonio.