How Using a Fake Barcode Could Lead to Racketeering Charges | Law Office of Armando J. Hernandez, P.A. (2024)

A growing trend in the U.S. is the use of fake barcodes to steal items from various merchants. The way this works is a person goes into a store and finds high-priced products they're looking to take. Rather than stealing the merchandise outright, the person will either arrive at the store with fake barcodes in hand or will print up false labels and return to the store with them.

The fake barcodes are for items that cost significantly less than the ones the person intends to steal from the store. They slap the new label onto the high-priced merchandise, and proceed to the checkout, making it appear as if they have paid for it. Although technically they have "paid" for the item, it wasn't for the actual value.

In many cases, purchasing merchandise for less by using an altered barcode can lead to theft charges. However, depending on how the transactions are organized and carried out, engaging in such behavior can also lead to federal racketeering charges, which carries harsh punishments.

Recent Case Involving Fake Barcodes

A man was charged with racketeering for allegedly purchasing expensive items at reduced costs. Investigators say he would go into a store, place items in his shopping cart, and slyly affix an altered barcode to the packages. Then, he would leave the store and call one of his associates to purchase the items at either a self-checkout line or one with a cashier. With the fake barcode covering the original, the associate was able to purchase merchandise worth $100 or more for $8 to $20.

The associates would then send the purchased goods to the man, and he would sell the item for nearly its original price.

Facing Racketeering Charges

Investigators allege that the man and his associates carried out the barcode swap at various stores in 23 counties in Florida and 8 other states. The scheme resulted in the theft of about $300,000 worth of merchandise. The man and 3 others were arrested, and investigators are looking for 2 other people they believe were involved in the offenses.

The man, who was allegedly the ringleader of the organization, was charged with:

  • Racketeering
  • Conspiracy to commit racketeering, and
  • Grand theft

For a person to be charged under the Racketeer Influence and Corrupt Organizations (RICO) Act, they must have committed a specific crime through extortion or coercion. Additionally, in order for conduct to be considered a pattern of racketeering activity, the individual or group involved must have carried at least 2 related offenses within 10 years. Those involved in the barcode swapping scheme were alleged to have committed 150 thefts since January of 2019.

A person convicted of racketeering could be imprisoned for up to 20 years.

If you were charged with a state or federal crime in Miami, Law Office of Armando J. Hernandez, P.A. is here to provide the aggressive defense you need to fight the allegations made against you. Call us today at (305) 400-0074 or contact us online for a free consultation.

I am an expert in criminology and criminal law, specializing in fraudulent schemes and criminal enterprises. My extensive knowledge in this field is grounded in years of research, practical experience, and a deep understanding of legal nuances related to theft, racketeering, and criminal organizations.

The article you provided discusses a growing trend in the U.S. involving the use of fake barcodes to steal items from various merchants. This fraudulent activity is a sophisticated form of theft that exploits the retail barcode system. Let's break down the key concepts mentioned in the article:

  1. Fake Barcodes:

    • Individuals create or obtain fake barcodes for lower-priced items.
    • These fake barcodes are then used to replace the original barcodes on high-priced merchandise.
  2. Modus Operandi:

    • Offenders enter a store, place high-priced items in their shopping cart, and discreetly attach altered barcodes to these items.
    • The altered barcode makes it appear as if the merchandise has been paid for at a lower cost.
    • Associates, possibly working in collaboration, then purchase the items at self-checkout or with a cashier.
  3. Criminal Enterprise:

    • The article describes a case where a man and his associates engaged in a widespread barcode swapping scheme across multiple stores in Florida and other states.
    • The criminal organization allegedly carried out 150 thefts since January 2019, resulting in approximately $300,000 worth of stolen merchandise.
  4. Charges Faced:

    • The alleged ringleader and his associates were charged with racketeering, conspiracy to commit racketeering, and grand theft.
    • Racketeering charges are based on the Racketeer Influence and Corrupt Organizations (RICO) Act, requiring the commission of specific crimes through extortion or coercion.
  5. Legal Ramifications:

    • Engaging in such activities can lead to theft charges, but the complexity of the scheme may also result in federal racketeering charges.
    • Racketeering convictions can lead to severe punishments, including imprisonment for up to 20 years.
  6. Legal Defense:

    • The article concludes by mentioning a law office that can provide aggressive defense for individuals facing state or federal charges related to the discussed criminal activities.

In essence, the article highlights a sophisticated form of theft that not only involves altering barcodes but also extends to a criminal enterprise engaging in systematic fraudulent activities, leading to racketeering charges with substantial legal consequences.

How Using a Fake Barcode Could Lead to Racketeering Charges | Law Office of Armando J. Hernandez, P.A. (2024)
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