ANSWERS: 2
  • 1) "In United Kingdom law, civil recovery (also named civil recovery scheme or civil recovery regime) (a) enables the enforcement authority to recover, in civil proceedings before the High Court or Court of Session, property which is, or represents, property obtained through unlawful conduct, and (b) enables cash which is, or represents, property obtained through unlawful conduct, or which is intended to be used in unlawful conduct, to be forfeited in civil proceedings before a magistrates' court or (in Scotland) the sheriff. Proceeds of Crime Act 2002 (2002 c. 29 s 240 et seq.)" Source: http://en.wikipedia.org/wiki/Civil_recovery 2) "Civil Recovery is a process allowing a company to use Civil Law to reclaim directly from a wrongdoer its costs and losses. In the case of theft from a business, costs eligible for compensation include not only the cost of the items stolen but costs of surveillance, investigation and prosecution." Source: http://www.quicksolutions.co.uk/article.asp?id=104 3) "Civil Recovery is the use of civil law to reclaim directly from a wrongdoer all costs and expenses incurred in relation to acts of theft or other wrongful conduct as well as the costs associated with the prevention of such acts. It is in addition to reporting offenders to the Police. Typically these cases are shoplifting or employee fraud usually with High Street Retailers" Source: http://www.mccrassociates.biz/images/Case_Study_RLP.pdf 4) Further information: http://www.lossprevention.co.uk/whatisit.html
  • Civil Recovery is somewhat new (25 to 30 years) SPECIAL TORT LAW passed one by one in all 50 of the United States that treats the "crime" -the conduct of attempted theft i.e. "shoplifting" as a tort. These special tort laws permit the retailers to make demands for damages for attempted theft as specifically described in the state statutes. Minimum civil recoveries range from $25.00 to $200.00 and many of the statutes describe the maximum damages that can be deamnded under the law in the civil demand letter. All of the Civil Statutes of the United States indicate that it is not necessary to be found guilty of shoplifting before a civil demand can be initiated by retailer. The intention of the tort laws is to provide damages for the retailers that allow them to recover their costs to hire and license undercover Licensed Loss Prevention Agents and reduce their costs of overhead, as well as to deter second attempts to steal. Attempted theft is now treated as a crime and a completed larceny by the courts when suspected shoplifters who are under constant surveillance are permitted to pass final checkout points by undercover Loss Prevention Personnel without being stopped and asked to pay for the merchandise. Many of the State Laws are not clear as to whether or not suspects can be arrested or ticketed for shoplifting by the City Police and also be subjected to a civil recovery by the retailer shopkeeper. Two of the Appeals Courts have ruled that the shoplifter cannot be prosecuted for larceny shoplifting if they have paid a civil recovery to the retailer.

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