AMERICAN TRUCKING ASSOCIATIONS

It has been suggested by the FBI that cargo theft nationally totals over $10 billion. The actually amount is almost impossible to determine for a host of reasons. First, until recently, many states did not have a specific crime code for "cargo theft," therefore making it impossible to track cargo theft specifically. In addition, states had varying degrees of punishment, and some had no minimum penalties at all. Prior to 9-11, ATA’s request for a crime code and penalties for cargo theft seemed to create little commotion. With the heightened focus on homeland security, Congress has taken a newfound interest in the issue of cargo theft. Several cargo theft bills had been put forward in 2006 (click the links below to learn more) culminating in Cargo Theft language being passed by both houses of Congress and signed into law by President Bush on March 9 as part of the USA Patriot Improvement and Reauthorization Act of 2005 (click link for full text). 

HOT NEWS:  The Act, among other things, directed the U.S. Sentencing Commission to look at whether sentencing enhancements were appropriate for cargo theft. In response the Commission called a hearing March 20 to consider the issue. Shawn Driscoll, assistant director of Security for Swift Transportation, testified on behalf of American Trucking Associations and the Council, arguing, in short, that without minimum penalties, prosecutors and law enforcement are hesitant to pursue such cases; that cargo theft deterrence is worth pursuing; and that ATA would support having enhanced sentences and criminal penalties for cargo thieves at two levels at no less than "level 14" (the Commission's #2 proposal). The written testimony was submitted March 12 with input from Council leadership (click here for testimony). ATA expects to provide follow-up documentation to respond to Commission’s question regarding possibly limiting sentencing guidelines to cargo theft associated with organized crime.