Red-Handed Rip-off? Retailers Hit With RICO Lawsuit Over Shoplifting Program
A federal RICO lawsuit filed Monday in the Northern District of California claims a group of seven retailers, including Walmart and Abercrombie & Fitch, participated in a scheme to extort accused shoplifters.
April 09, 2018 at 06:12 PM
4 minute read
The original version of this story was published on The Recorder
![](https://images.law.com/contrib/content/uploads/sites/403/2018/04/Screen-Shot-2018-04-09-at-12.17.43-PM-e1523309673380.png)
SAN FRANCISCO — The Racketeer Influenced and Corrupt Organizations Act is usually in the purview of federal prosecutors seeking to take down organized crime syndicates or drug cartels.
But in a federal RICO lawsuit filed Monday in the Northern District of California, lawyers at Block & Leviton claim a group of seven retailers, including Walmart Inc. and Abercrombie & Fitch, participated in a scheme to extort accused shoplifters into paying to take an online course aimed at scaring them out of future theft. The suit claims the companies partnered with the Corrective Education Co. in Utah.
Their “Restorative Justice” program came under scrutiny from a superior court judge in San Francisco last year, who found its practices were “textbook extortion.”
Monday's complaint claims the alleged shakedown was somewhat formulaic: Retailers' internal security personnel would detain suspected thieves, run a search for outstanding warrants on them, and then force them to choose between having the stores notify authorities or sign an admission of guilt and enroll in CEC's course. The complaint, which also names individual CEC executives and board members as defendants, claims suspected shoplifters had to fork over between $400 and $600 and complete the six-to-eight-hour course or face potential criminal consequences.
The suit seeks to certify a class of all people who have made payments to CEC through the program over the past four years and seeks treble damages, injunctive relief, attorney fees and “any other available remedies pursuant to RICO.”
Ragan Dickens, the director of national media relations for Walmart, said in an email that the company “began evaluating this program last year and ultimately suspended it last December.”
“We deny the allegations made against us and plan to defend ourselves,” Dickens said.
Representatives of the other retailer defendants—Abercrombie & Fitch, DSW, Burlington Coat Factory, Bloomingdale's, Kroger and Sportsman's Warehouse—didn't immediately respond to messages Monday, nor did representatives of CEC or Decathlon Capital Partners, an investment firm also named in the complaint which helped fund CEC's web-based education platform.
Reached by phone Monday, Jason Leviton of Block & Leviton said that CEC itself wasn't named in the RICO complaint because “it's just not how the statute works.”
“They are 'the enterprise' to the best of our knowledge,” he said.
The three named plaintiffs in the complaint, who filed anonymously, all were directed to CEC by Walmart. Jane Doe of Loganville, Georgia, alleges she was scooped up and accused of shoplifting hot dog buns and a case of water, Mary Moe of Hilliard, Florida, was accused of taking hygiene products and snacks, and John Roe of Houston was accused of shoplifting a “tri-ball hitch.” Doe and Moe claim they paid $500 and $400 to CEC, respectively, while Roe claims his CEC “account' was recently sent to collections.
“Allowing lawless companies to extort hundreds of dollars out of people before they are able to speak to a lawyer or speak to a parent or speak to a friend is simply unjust,” Leviton said.
“Business is business. I understand that. But at the same time, you can't take people at their lowest point and extort them,” he said.
The private lawsuit comes nearly two-and-a-half years after San Francisco City Attorney Dennis Herrera sued CEC, claiming the company's practices amounted to extortion and false imprisonment. In that case, San Francisco Superior Court Judge Harold Kahn found in August 2017 that CEC's program ran afoul of California's extortion laws.
“This is textbook extortion under California law, and has been so declared for at least 125 years,” Kahn wrote.
Howard Golds, of Best Best & Krieger in Riverside, represents CEC in the state court action, according to the docket. He didn't immediately respond to an email message Monday afternoon.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/68/c4/0e0bccf74a118655a015072ebd52/nadolenco-kramer-767x633.jpg)
An ‘Indiana Jones Moment’: Mayer Brown’s John Nadolenco and Kelly Kramer on the 10-Year Legal Saga of the Bahia Emerald
![Wish List Unlocked: Here’s What Lawyers Want For Christmas Wish List Unlocked: Here’s What Lawyers Want For Christmas](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/7f/92/e7f831ca46ba81924c54ffc5cfe3/santa-christmas-767x633.jpg)
![Travis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities Travis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/407/2024/09/Travis-Lenkner-767x633.jpg)
Travis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
![Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/292/2024/06/412277731_trump_verdict-767x633.jpg)
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readTrending Stories
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250