Catalytic converter, metal scrap thieves face new, tougher penalties today
Published 12:05 pm Wednesday, April 1, 2009
By Staff
CASSOPOLIS – Effective April 1, scrap metal and catalytic converter thieves who break the law in Michigan will face far more serious charges for their crimes.
The new laws, which go into effect Wednesday, give prosecutors new tools to fight a scourge which has affected businesses and communities throughout Michigan and the United states.
In recent years, with the increase in value of non-ferrous metals, law enforcement has also seen a widespread increase in the theft of such metals.
From factories to farms and even homes, the Michiana area has been no exception.
Ferrous metals, such as iron, are attracted to magnetic fields.
Non-ferrous metals, such as copper, zinc and aluminum, are not.
Cass County Prosecutor Victor Fitz states that in the past few years, Michiana has seen the widespread theft of non-ferrous metals from many locations.
Businesses have seen their stockyards raided by criminals at night – and even by employees during working hours.
Homeowners have seen aluminum siding stripped from residences.
Farmers have had to guard their irrigation systems from roving groups of metal thieves. Pipes from homes have been stolen. Cabling from worksites has been heisted for its copper content.
Fitz indicates that the thefts have often been linked to the drug trade.
"We have documented cases of drug users stealing metals to trade for cash. The money is then used to buy drugs. In some cases, the drug dealers have even accepted the metals as direct payment."
The Cass County Prosecutor also stated that while local law enforcement has been successful in prosecuting many of these offenders and securing jail or prison time, there had, until recently, been some weaknesses in the laws.
"In the past, we had to show that the value of the stolen metals was in excess of $1,000 if we wanted to charge the offender with a felony. Otherwise, they were only facing a misdemeanor. It was a bit like fighting with one hand tied behind your back. But no more. With the new law, anyone possessing stolen metal, regardless of its value, can be charged with a five-year felony.
"The Michigan Legislature deserves high praise for this change in the law. They saw a problem and reacted decisively. Businesses, farmers and private citizens should benefit from this positive change," Fitz said.
Fitz, who serves on the board of directors of the Prosecuting Attorneys Association of Michigan (PAAM), also noted that the prosecutors association and other law enforcement associations pushed hard for the new law.
Also going into effect on April 1 is a sister statute which makes the theft of a catalytic converter from an automobile a felony.
Communities including Cass County have experienced the theft of these car parts for metal scrapping.
Some thieves have even become expert in cutting these parts off of cars in parking lots in broad daylight.
Prior to the passing of this new law, catalytic converter theft was a misdemeanor.
Fitz also noted that "anyone violating these new statutes in Cass County can expect tough consequences.
"Economic times are bad enough without crooks stealing from farmers, businesses, worksites and homes. We will use these new statutes to help prosecute metal scrappers to the fullest extent of the law."