00:00House. Senator Tillis, are you going to ask questions?
00:11I've got to go vote, so you guys will have to work this out here.
00:16We'll manage.
00:21Ms. Stephan, I think you are the prosecutor here on the panel, is that correct?
00:26I believe so, and I'm one that doesn't mind prosecuting, so there have been some comments.
00:32Well, that's usually a good attribute in a prosecutor.
00:38I wanted to, first of all, let my colleagues know that I'm very happy to work on legislation
00:46to focus on the organized nature of these theft rings.
00:53I'm a little skeptical of making ordinary shoplifting a federal offense, but I think
00:59we can figure out our way through that as we start to actually design legislation.
01:05So I just wanted to open with that point.
01:09One of the very powerful laws for dealing with criminal organizations, specifically criminal
01:15enterprises, as you will have figured out from my use of the word enterprise, is the RICO
01:22statute.
01:25And both transporting and selling or receiving stolen goods are RICO predicates.
01:35Could you walk us through where there have been RICO successes at dealing with these systemic
01:44theft rings that then obviously have to transport, sell, or have somebody receive the stolen goods,
01:54and where you've run across, or your colleagues in law enforcement have run across, legal impediments
02:01to using the RICO statute against this predicate offense?
02:07So in California, our state statutes don't have an actual RICO component.
02:14We don't have the laws as strong as the federal side.
02:17This is why in our, for example, fentanyl task forces and in our elder justice task force,
02:24the cases that are solved in the task force are provided where the federal prosecutor takes
02:32those cases that involve a RICO element because it's such a powerful tool.
02:38And the state prosecutors-
02:39So California does not have a state RICO law?
02:41On the state side.
02:43No, we don't.
02:44We-
02:45One of few.
02:45We're fighting.
02:46It is, we fight for different, we have conspiracy laws, but they're not the same as RICO
02:52statutes, but-
02:54You would have to go to the U.S. attorney-
02:56Exactly.
02:56And work with them in order to get a prosecution together.
02:59How about your colleagues around the country who have state RICO laws?
03:04Have they been able to bring cases involving transportation sale or receipt of stolen goods
03:10under those state statutes?
03:12They've done, I mean, through NDA, I know there's been a lot of successes in bringing organized
03:17retail theft cases.
03:18With San Diego, we brought 218 cases, even under-
03:24But not under RICO.
03:25Not under RICO, but under an organized retail theft statute, which is a little easier to
03:31get to.
03:32But those tools that allow you to go to the higher ups, whether it's organized retail theft
03:39or RICO, are absolutely imperative.
03:42Well, I'm going to close out here and turn the gavel over to Senator Coons, who is the
03:48last senator who can get us in all sorts of trouble alone in the room.
03:52I move the confirmation.
03:54Exactly.
03:56I would love if you have a chance, if there is any particularly helpful document out there
04:03from the NDAA, for instance, about the use of state RICO statutes in this area, or if
04:09you have any personal experience from your colleagues that would help inform our deliberations,
04:15or if there have been any good uses of your colleagues bringing cases to federal U.S.
04:20attorneys and getting RICO prosecutions that resulted.
04:24I'd love to get that from you.
04:26So I'll make that as a question for the record, if I may.
04:29And I thank all the witnesses for being here.
04:31And I yield back my time.
04:33And-
04:34Thank you, Senator Whitehouse.
04:36Senator.
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