NY S06959

Creates a new crime of "leading an organized retail theft enterprise" classified as a Class C felony and larceny in the second degree, applicable to persons who conspire as an organizer, supervisor, financier, or manager to engage in organized retail theft for profit.

Establishes maximum penalties of a $250,000 fine or five times the retail value of merchandise seized at arrest, whichever is greater, notwithstanding standard penal law fine provisions.

Defines "organized retail theft" as stealing merchandise in abnormal quantities for resale purposes, or recruiting and coordinating persons to undertake such theft, with "organized retail theft enterprise" meaning any association of two or more persons engaging in such conduct.

Requires prosecutors to prove only that a scheme was undertaken for profit based on circumstantial evidence such as number of persons involved, actor's net worth and expenditures, merchandise amounts, and cash involved, without proving actual profit was realized.

Specifies that the merchandise transportation location and profit jurisdiction are not valid defenses, and that convictions for leading the enterprise do not merge with convictions for the underlying theft offenses, allowing both concurrent charges.