Theft of merchandise from the airports and seaports of South Florida now exceeds $100 million annually. Stolen merchandise varies from expensive items such as computers to less expensive items such as alcohol and clothing. Cargo security has become a primary concern of the international trade community in South Florida. Consequently, Sen. Bob Graham and Rep. E. Clay Shaw, among others, by letter dated August 18, 1994, have requested the U.S. Department of Justice to formally create a federal task force to combat the high degree of theft at South Florida's ports.

Currently, once merchandise is discovered to have been stolen, the insurance company and the local police department are immediately contacted. The local law enforcement agency or the owner of the stolen merchandise reports the theft to the U.S. Customs Service, which determines whether to initiate an investigation for a violation of 18 U.S.C. 549 (Removing goods from customs custody; breaking seals). Section 549 of Title 18 of the United States Code makes it a federal crime to unlawfully remove merchandise which is "in customs custody" or which is "in bond."

The term "customs custody" generally means from the time merchandise arrives within a U.S. port until its release by Customs authorities. Importantly, the merchandise need not be in the physical possession of Customs in order to be under customs custody. Of course, it is necessary for the prosecution to prove beyond a reasonable doubt that the defendant had the intent to steal the merchandise. Nevertheless, there is no need for the prosecution to establish that the defendant knew the merchandise located in a bonded warehouse, foreign trade zone, quarantine station, container station, etc. remained within the custody of the U.S. Customs Service at the time of the theft or intended theft.

The federal law, 18 U.S.C. 549, is quite comprehensive regarding theft of merchandise at the ports. It also makes it a crime to knowingly receive or transport merchandise stolen from customs custody, and to willfully remove a customs seal placed upon bonded merchandise or merchandise that is otherwise in customs custody.

Despite the valiant efforts of the Customs Service, often the stolen merchandise is not recovered and no arrests are made. Furthermore, when an investigation results in an arrest, the defendant is rarely charged with a federal crime because the U.S. Attorney prefers to defer prosecution to the State Attorney. The State Attorney then prosecutes under Florida law for grand larceny. Unfortunately, it is unusual for a convicted defendant to actually serve time in jail even if prosecuted federally for a violation of 18 U.S.C. 549, which has a penalty of $5,000 and/or imprisonment for up to 2 years.

The Port of Miami and Miami International Airport have scheduled meetings to discuss cargo security. The cargo security meetings should generate effective ways to prevent theft from customs custody and to coordinate the investigative and prosecutorial efforts of the several state and federal law enforcement agencies with the U.S. Department of Justice.