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Proposed “Orange Alert” System: Detailed Criteria and Procedures for Stolen Freight Alerts

DRAFT PROPOSAL

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Orange Alert System: Detailed Criteria and Procedures

Introduction

Cargo theft in the United States is a $15 to $35 billion industry. Depending on what’s inside the truck, thieves can walk away with thousands to millions of dollars. Unfortunately, this kind of crime, more often than not, does not lead to many arrests and convictions.

According to the Federal Bureau of Investigation, cargo is the “criminal taking of any cargo including, but not limited to, goods, chattels, money, or baggage that constitutes, in whole or in part, a commercial shipment of freight moving in commerce, from any pipeline system, railroad car, motor truck, or other vehicle, or from any tank or storage facility, station house, platform, or depot, or from any vessel or wharf, or from any aircraft, air terminal, airport, aircraft terminal or air navigation facility, or from any intermodal container, intermodal chassis, trailer, container freight station, warehouse, freight distribution facility, or freight consolidation facility.”

Data compiled by the NICB showed in 2017, there were 8,676 cargo vehicle thefts reported, or about 24 thefts every day. Most occur on weekdays, with Monday and Friday being the most significant days for these thefts, totaling 6,752. Saturdays and Sundays accounted for 1,924 such thefts.

Local, State and Federal Law Enforcement are unsure of their role in cargo theft as Federal Laws are ambiguous, Jurisdiction is unclear, and there is no clear definition as to whether cargo theft is a criminal or civil crime.

Proposing “Orange Alert”

The vision of the Orange Alert system for cargo theft is designed to swiftly address and manage incidents of stolen freight, drawing inspiration from the AMBER Alert model used for missing children. This framework sets forth clearly defined activation criteria and operational procedures to ensure a consistent, effective response to cargo theft incidents across jurisdictions.

Why the Color Orange?

Orange was chosen for the alert system due to its high visibility and association with caution, and road safety making it a strong symbol for an alert system related to trucking and freight. It stands apart from other alert systems (Amber, Silver, Blue) and communicates a clear message of emergency and caution to the public.

Orange Alert Activation Criteria

1. Reasonable Belief of Cargo Theft

Guidance:

For an Orange Alert to be activated, law enforcement must establish that there is a credible belief that a cargo theft has occurred. This involves assessing the initial report and confirming that the theft is not a false alarm or a misunderstanding. Key aspects include:

 

  • Evidence of Theft: Law enforcement must confirm that there is tangible evidence of a theft. This may include: Surveillance footage showing unauthorized access. GPS data indicating that the cargo was moved from its intended location. Physical signs of theft such as broken seals or locks.
  • Incident Verification: A detailed report from the Freight Broker, Shipper, Freight Forwarder, Warehouse/Cross-dock Facility, Motor Carrier or Driver is required, including: Cargo details: type, quantity, and value of the stolen goods. Incident details: location, time of theft, and any witnesses. Documentation: police report, insurance claim, Bills of Lading, Packing Lists, Rate Confirmation, and any relevant records.

 

Example: If a trucking company reports that their shipment of high-value electronics was stolen from a secure warehouse, and there is surveillance footage showing an unauthorized vehicle entering the facility, this evidence supports the belief that a theft has occurred.

2. Imminent Danger of Serious Harm

Guidance:

It is crucial that an Orange Alert be issued immediately if the stolen cargo poses a significant risk to public safety or has high value. This assessment is crucial for determining the level of urgency for the alert. Criteria include:

 

  • High-Value Cargo: The theft involves items of considerable financial value, such as: Pharmaceuticals or medical supplies. Electronics or precious metals. Hazardous materials that could endanger the public.
  • Public Safety Risks: There is a potential for public harm due to the nature of the stolen cargo, such as: Dangerous chemicals that could cause environmental harm. Sensitive information that could be used for criminal activities.

 

Example: A shipment of pharmaceuticals meant for emergency medical services is stolen, creating a potential public health risk if the drugs are misused or sold illegally.

3. Sufficient Descriptive Information

Guidance:

For an Orange Alert to be effective, law enforcement must have detailed, descriptive information about the stolen cargo, suspect(s), and suspect vehicle(s). This information is critical for the alert’s success and should include:

 

  • Cargo Details: Specific information about the stolen items, such as: Description of the goods: type, quantity, and any unique identifiers. The intended destination and the last known location of the cargo.
  • Suspect Information: Descriptions of the individuals involved, including: Physical description: age, height, build, and distinguishing features. Any known aliases or criminal history.
  • Vehicle Information: Details about the suspect’s vehicle, including: Make, model, color, and license plate number. Any identifiable markings or modifications.

 

Example: The alert should include a description of the stolen electronics (e.g., “26 pallets of high-end laptop computers”), a description of the suspect (e.g., “Middle-aged man, wearing a blue jacket”), and vehicle details (e.g., “Red Volvo Tractor, White Trailer, with MC Number 999999 and/or DOT Number 111111 on the door, license plate (NY) XYZ-1234 – Company Name on Door of Tractor: Bills Trucking, no marking on trailer – Trailer Plate Number (TN) 1234-XYZ”).

4. Cargo Theft Meets Specific Criteria

Guidance:

The theft must meet specific criteria that justify issuing an Orange Alert. This includes:

 

  • High-Risk Cargo: The stolen cargo must be of significant value or pose a public safety risk.
  • Public Safety Implications: The theft must have the potential to cause harm if the cargo is not recovered or misused.

 

Example: A shipment of explosives stolen from a secure facility would meet the criteria due to the potential for significant public harm.

5. Entry into the National Crime Information Center (NCIC) and National Insurance Crime Bureau (MICB) System

Guidance:

To facilitate a nationwide response, the details of the stolen cargo must be entered into the NCIC & NICBB system. This process includes:

 

  • Data Entry: Enter comprehensive details about the theft into the NCIC & NCIB database, including: A clear description of the stolen cargo and incident. Detailed information on the suspect(s) and vehicle(s).
  • Flagging the Case: The case should be flagged as “Cargo Theft” to ensure that the information is accessible to law enforcement agencies nationwide.

 

Example: The stolen cargo details should be entered into NCIC & NICB with a description of the goods, the nature of the theft, and any suspect information.

Orange Alert Activation Procedures

Step-by-Step Process for Issuing an Orange Alert

Step

Action

Responsible Parties

1. Incident Reporting

Report the theft and gather initial evidence.

Shipper, Freight Company, Transporter

2. Verification of Criteria

Verify the theft and assess risk based on criteria.

Law Enforcement, FreightValidate

3. Descriptive Information

Collect and prepare detailed information for the alert.

Law Enforcement, FreightValidate

4. NCIC/NCIB Data Entry

Enter all relevant information and flag the case in NCIC/NICB.

Law Enforcement

Insurance

5. Alert Issuance

Issue the Orange Alert through media and digital channels.

Law Enforcement, FreightValidate

6. Public Notification

Notify the freight industry and engage community networks.

Law Enforcement, FreightValidate

7. Ongoing Investigation

Monitor the investigation’s progress and provide updates.

Law Enforcement, FreightValidate

8. Follow-Up and Reporting

Track case resolution and compile reports.

Law Enforcement, FreightValidate

What Happens When an Orange Alert is Issued?

  1. Report the Theft: The shipper, freight company or transporter contacts FreightValidate to report the stolen cargo and provides initial evidence. FreightValidate verifies authenticity of report and submits to Law Enforcement
  2. Verification Process: Law enforcement verifies that a theft has occurred and that the incident meets the criteria for an Orange Alert.
  3. Prepare the Alert: Detailed information about the stolen cargo, suspects, and vehicle(s) is compiled for the alert.
  4. Enter Data into NCIC: Information is entered into the NCIC &NICB systems and flagged as “Cargo Theft” to enable national awareness.
  5. Issue the Alert: The Orange Alert is issued through various media channels and freight industry networks to inform the public and solicit help.
  6. Public Engagement: The public is notified about the theft, and they are encouraged to report any relevant information.
  7. Investigation: Law enforcement continues to investigate the theft, seeking leads and working to recover the stolen cargo.
  8. Follow-Up: Updates are provided to the industry and stakeholders, and the case is monitored until resolved.

 

Best Practices for Effective Orange Alerts

  • Clear Communication: Ensure that all alert messages are clear, accurate, and include all necessary details.
  • Timely Updates: Provide timely updates on the status of the investigation and the resolution of the case.
  • Industry Involvement: Engage with the Freight Industry and encourage them to report any information or sightings related to the stolen cargo.

Conclusion

The Orange Alert system for cargo theft establishes a structured, efficient framework for responding to cargo theft incidents. By following clear criteria and procedures, this system aims to:

 

  • Ensure Consistent Activation: Provide a standard set of criteria for when to issue an Orange Alert.
  • Enhance Response Effectiveness: Facilitate rapid and coordinated responses to recover stolen cargo and protect public safety.
  • Promote Collaboration: Foster cooperation among law enforcement, the freight industry, and the public to combat cargo theft.
  • Build Trust and Awareness: Develop a reliable system that stakeholders can trust and use to prevent and address cargo theft incidents.

By adhering to these guidelines, the Orange Alert System will be a valuable tool for managing cargo theft emergencies and supporting the freight industry.

Cargo Theft / Organized Crime Reference Material

Cargo theft is, in essence, a form of organized crime and in many cases violates Federal Statutes. The following is a list of applicable Federal Law that directly relates to Cargo Theft and Racketeering:

·       Title 18 U.S. Code, Section 659: Theft from interstate shipments, UPS, Federal Express, Airborne Express, Etc.

·       Title 18 U.S. Code, Section 1951: Interference with commerce by threat or violence.

·       Title 18 U.S. Code, Section 1952: Interstate and foreign travel or transportation in aid of racketeering.

·       Title 18 U.S. Code, Section 1957: Engaging in monetary transactions in property derived from specified unlawful activity (Cash value greater than $10,000).

·       Chapter 96: Racketeer Influenced and Corrupt Organizations

·       Title 18 U.S. Code, Section 1961 (1): definition of racketeering activity, to include any act or threat involving murder, kidnapping, gambling, arson, robbery, etc.

·       Title 18 U.S. Code, Section 2117: The breaking and entering of a carrier facility, as well as breaking the seals of railcars, commercial trailers.

·       Title 18 U.S. Code, Section 2314: Interstate transportation of stolen property of a value of $5,000 or more.

·       Federal carjacking statutes

Framework for Implementing the Orange Alert System for Cargo Theft

The Orange Alert system is designed to address cargo theft with a structured approach akin to the AMBER Alert system used for missing children. To ensure the success of this system, a multi-faceted implementation strategy must be employed. This strategy involves specific actions to garner industry support, collaborate with law enforcement, advocate for legislative changes, and promote both public and industry awareness. Additionally, it requires careful integration of technology to enhance the effectiveness of the alert system.

1. Industry Support

Objective: Secure endorsement and active participation from key stakeholders in the freight industry to ensure the effectiveness and adoption of the Orange Alert system.

Specific Actions:

 

  1. Establish a Steering Committee: Action: Form a committee composed of representatives from major freight companies, transport associations, and logistics firms. Participants: Include executives from top freight carriers, heads of logistics departments, fraud prevention companies, carrier onboarding platforms, Load Boards and members from industry associations such as the Owner Operator Independent Drivers Association (OOIDA), American Trucking Associations (ATA) Air and Expedited Motor Carriers Association (AEMCA), Airforwarders’ Association (AFA) The Expedited Association of North America (TEANA), The National Association of Small Trucking Companies (NASTC), Motor Carrier Insurance Education Foundation (MCIEF) and the Transportation Intermediaries Association (TIA). Purpose: Oversee the development and implementation of the Orange Alert system and serve as a liaison between the freight industry and other stakeholders.
  2. Develop an Industry Partnership Program: Action: Create a formal partnership program to incentivize companies to support and adopt the Orange Alert system. Participants: Freight companies, logistics firms, insurance providers and factoring companies Incentives: Offer benefits such as reduced insurance premiums for participating companies, exclusive access to training resources, and public recognition for their commitment to combating cargo theft.
  3. Host Industry Workshops and Seminars: Action: Organize educational events focused on the benefits and procedures of the Orange Alert system. Participants: Industry professionals, security experts, and technology providers. Content: Provide detailed information on how the Orange Alert system works, share case studies of successful cargo theft recoveries, and offer practical training on how to report thefts and respond to alerts.
  4. Create an Industry Advisory Board: Action: Establish an advisory board with representatives from key freight industry sectors. Participants: Leaders from freight companies, logistics experts, factoring companies and insurance agencies. Purpose: Provide ongoing feedback on the Orange Alert system, suggest improvements, and address industry concerns.

 

2. Collaboration with Law Enforcement

Objective: Build strong partnerships with law enforcement agencies at local, state, and federal levels to ensure a coordinated and effective response to cargo theft.

Specific Actions:

 

  1. Form a National Law Enforcement Coalition: Action: Establish a coalition of law enforcement agencies dedicated to the Orange Alert system. Participants: Representatives from the FBI, Department of Homeland Security, local police departments, and state police agencies. Purpose: Develop standardized procedures for issuing and managing Orange Alerts and share best practices for cargo theft investigations.
  2. Develop a Law Enforcement Training Program: Action: Create a training curriculum for law enforcement officers on Freight Processes and the Orange Alert system. Content: Include modules on the criteria for issuing alerts, procedures for data entry into the NCIC system, and strategies for public engagement during alerts. Delivery: Offer online training courses, in-person workshops, and simulation exercises.
  3. Create a Rapid Response Task Force: Action: Set up a dedicated task force for urgent response to Orange Alerts. Participants: A team of investigators and analysts specializing in cargo theft. Purpose: Provide immediate support for high-priority alerts, including coordination of resources and communication with industry partners.
  4. Establish Communication Channels: Action: Develop secure and efficient communication methods between law enforcement and the freight industry. Tools: Use dedicated hotlines, secure email, and real-time messaging platforms. Purpose: Ensure quick dissemination of information and updates related to Orange Alerts.

 

3. Legislative Advocacy

Objective: Work with lawmakers to introduce and pass legislation that formally establishes the rules of engagement for law enforcement and the development of the Orange Alert system for cargo theft incident reporting and secures funding for its implementation.

Specific Actions:

 

  1. Draft and Promote Legislation: Action: Collaborate with legal experts and lobbyists to draft proposed legislation for the Orange Alert system. Participants: Legal experts, legislative advisors, and public policy advocates. Content: Outline the framework for the Orange Alert system, including criteria for alerts, responsibilities of law enforcement and industry, and funding requirements.
  2. Build Support Among Legislators: Action: Engage with state and federal legislators to gain their support for the proposed legislation. Participants: Arrange meetings with key legislators, present the benefits of the Orange Alert system, and gather endorsements. Strategies: Highlight successful case studies from other alert systems and demonstrate the potential impact of the Orange Alert system on reducing cargo theft.
  3. Organize Advocacy Campaigns: Action: Launch industry campaigns to raise awareness about the need for the Orange Alert system. Strategies: Use social media, press releases, and public events to advocate for the proposed legislation. Partnerships: Collaborate with industry associations, freight companies, and community organizations to amplify the campaign’s reach.
  4. Secure Funding for Implementation: Action: Work with legislators to allocate funding for the Orange Alert system’s initial setup and ongoing operations. Sources: Seek funding through federal and state grants, industry contributions, and public-private partnerships.

 

4. Law Enforcement and Industry Awareness

Objective: Educate the law enforcement and the freight industry about the Orange Alert system and how they can contribute to its success.

Specific Actions:

 

  1. Launch an Industry Awareness Campaign: Action: Develop and implement a campaign to inform the public about the Orange Alert system. Components: Media Outreach: Use print media, social media, TMS and Load Board Systems, and online platforms to disseminate information about the Orange Alert system. Educational Materials: Create brochures, posters, and online content explaining what the Orange Alert system is and how to report information. Community Events: Host events such as town halls, public forums, and informational sessions to engage with the community and provide information.
  2. Develop an Law Enforcement Awareness Program: Action: Create resources to educate Law Enforcement professionals about the Orange Alert system. Components: Training Resources: Develop online guides, webinars, and instructional videos. Industry Newsletters: Send regular updates about the Orange Alert system to law enforcement, shippers, manufacturers, freight companies and logistics professionals. Partnerships: Work with industry associations to distribute information and encourage participation.
  3. Create an Industry Reporting Portal (www.Orange-Alert.com : Action: Establish an easy-to-use online portal for the industry to report sightings or information related to Orange Alerts. Features: Submission Form: Include fields for details about sightings, including location, vehicle description, and suspect information. Anonymous Reporting: Allow for anonymous submissions to encourage more tips. Integration: Ensure the portal integrates with the NCIC & NICB systems for efficient data sharing.
  4. Engage with Industry Leaders: Action: Partner with Industry leaders and organizations to promote the Orange Alert system. Participants: Local government officials, community groups, and advocacy organizations. Activities: Hold briefings, distribute informational materials, and seek endorsements from community leaders.

 

5. Technology Integration

Objective:Ensure that technology supports the effective operation of the Orange Alert system through innovative tools and platforms.

Specific Actions:

 

  1. Develop a Centralized Orange Alert Platform www.Orange-Alert.com : Action: Create a central platform for managing Orange Alerts and coordinating between law enforcement and industry partners. Features: Alert Management System: A dashboard for issuing, tracking, and updating alerts. Integration: Connect with NCIC/NICB, social media channels, and industry technology platforms. Analytics: Tools for analyzing alert effectiveness and tracking recovery efforts.
  2. Create a Mobile Application: Action: Develop a mobile app for real-time Orange Alert notifications and industry engagement. Features: Alert Notifications: Push notifications for new alerts and updates. Reporting Tools: Allow users to report sightings and provide tips. Information Access: Provide access to details about the stolen cargo and suspects.
  3. Implement Advanced Communication Technologies: Action: Use advanced technologies for effective communication during Orange Alerts. Technologies: Emergency Alert Systems: Utilize existing systems for broadcast alerts (e.g., Wireless Emergency Alerts). Social Media Integration: Automate the distribution of alerts via social media platforms. Data Sharing Solutions: Implement secure data sharing protocols between law enforcement and the industry.
  4. Develop a Feedback Mechanism: Action: Establish a system for collecting feedback on the effectiveness of the Orange Alert system. Components: Surveys: Regular surveys for law enforcement and industry partners. Feedback Channels: Provide channels for suggestions and improvements. Reporting: Analyze feedback to make ongoing adjustments to the Orange Alert system.

Summary of Implementation Steps

To ensure the successful launch and operation of the Orange Alert system, the following specific steps should be taken:

 

  1. Industry Support: Form a steering committee and advisory board. Develop a partnership program with incentives. Host workshops