Cargo can be classified as movable property in the Law of Malaysia. The act of moving the property unlawfully, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention, is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. The crime act of committing cargo crime involve the stealing of the vehicle and the content i.e. cargo within the vehicle can be considered committing a theft of the laden cargo or the vehicles itself. Whereas in a more serious situation; the act can be classified as robbery whether committed by a single person or gang. During gang robbery if the victim is injured or hurt then punishment can become more severe. The offender shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping. If the robbery is not a gang robbery and without hurting the victim, then the offenders shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine. But if the robbery is to be committed between sunset and sunrise the imprisonment may be extended to fourteen years, and the offender shall also be liable to fine or to whipping.
The punishment is not severe if it is committed by less than 5 persons, not injuring the victim and commit within daytime then this crime can be very lucrative as the punishment is imprisonment for a term which may extend to ten years only and shall also be liable to fine. The Law of Malaysia on cargo crime cannot be a deterrence to reduce or evade cargo crime. With the repealed of the Emergency Ordinance 1969, member of the cargo crime syndicate will continue to target cargo on the road unless there are some other crime which is more lucrative and less risk to the criminal. In reality the punishment hardly hit the maximum and thus criminal received less severe punishment for the crime they have committed.
Legislation and the punishment for hijacking cases in United States can be more severe compared to Malaysia. Cargo crime is attractive to criminal because the risk is low and the payoff is high, and it is an area increasingly dominated by organized crime and gangs. Increasingly, cargo crime is viewed not just as an issue for those who transport the goods, but as a problem that needs to be dealt with by the supply chain as a whole. In the United States, truck hijacking cases compromise less than 2% of all cargo theft activities. Defined as the in-transit theft of goods through the use of violence or threat of violence, hijacking of tractors – trailer is generally attributed to local gangs trying to make a quick buck when the opportunities arise. Professional cargo gangs such as those operating out of South Florida, New Jersey or other crime hotbeds understand that hijacking is a higher level of crime, drawing more attention from law enforcement and dramatically stiffer penalties for conviction (not to mentioned increase risk of detection and capture due to the driver’s presence at the time of the theft (Burgess, 2012).
Bill Francis (2013) reported in Louisville, Kentucky (USA) that hijacking big trucks and their valuable cargo is a problem you may not have heard much about. But it was big enough for the state of Kentucky to take legislative action because it had an impact on the city's largest employer. “This bill has many names but what we are talking about is piracy”, quoted the secretary for Kentucky Justice Cabinet, J. Michael Brown. Brown was describing what has been the growing problem of criminals stealing trucks for their valuable cargo. A new breed of criminals has been targeting trucks, hijacking and stealing the cargo as revealed by Kentucky Governor – Steve Beshar in Louisville to take part in a ceremonial signing of House Bill 161, known as the Cargo Security Bill (Francis, 2013). The thieves have mostly been targeting shipments of expensive pharmaceuticals and high tech products like cell phones and laptops as commented by Francis (2013).
United States Attorney of Southern District of New York in 2009 made a report entitled “Lengthy Sentences Imposed on Three for Multiple Truck Hijackings and Kidnappings”. On April 27th 2009, Lev L. Dassin, the Acting United States Attorney for the Southern District of New York, announced that Angel Diaz, Jorge Cedeno, and Rafael Rodriguez were sentenced by United States District Judge Colleen McMahon for their roles in a series of armed truck hijackings in the tri-state area in fall 2006, during which the defendants kidnapped the truck drivers and stole the contents of their trucks:
– Diaz, who participated in one kidnapping and armed truck hijacking received a sentence of 37 years imprisonment.
– Cedeno, who participated in two kidnappings and armed truck hijackings, received a sentence of 26 years and 7 months’ imprisonment.
– Rodriguez, who participated in three kidnappings and armed truck hijackings, received a sentence of 55 years’ imprisonment.
The sentences followed a five-week jury trial in June and July 2008 before Judge McMahon in White Plains, New York. Art Barnum (2008) reported in the Chicago Tribune News on January 23, 2008 that a man was sentenced to 24 years in prison Tuesday for hijacking at gunpoint two truckloads of Red Bull energy drinks worth roughly $50,000. Samer Bader aged 31, pleaded guilty to aggravated kidnapping, vehicular hijacking and armed robbery for two incidents in March 2006 and will serve about 20 years of his sentence (Barnum, 2008).
On May 9, New Jersey Gov. Christie signed bipartisan legislation sponsored by Assemblywoman Caroline Casagrande and Assembly Republican Conference Leader Dave Rible that cracks down on cargo crime in New Jersey. The measure is named the "Lt. Scott Jenkins Law" in memory of a founding member of the State Police Cargo Theft Unit, and is sponsored by 17 other Assembly Republicans. Cracking down on cargo crime will make the roads safer for truckers and help the economy because these crimes drive up the prices for just about every good sold; from televisions to tomatoes as revealed by Casagrande, R-Monmouth, a member of the Appropriations Committee. Gang robbery has made cargo crime a billion dollar problem, particularly in New Jersey which is a vital commerce and transportation hub. Giving law enforcement stronger laws and more resources will help them fight back against these sophisticated criminals. The legislation, S-2092/A-3003, is named after Lt. Scott Jenkins, who died of cancer in 2003. He was a founding member of the State Police Cargo Theft Unit. The law will create specific criminal provisions for cargo crime:
• Fines against leading or organizing cargo crime networks of $250,000 for a second-degree crime, $500,000 for a first-degree offense or five times the value of property seized – whichever is greater.
• New criminal offense for operating a facility to sell or store stolen cargo.
• Additional fines against those convicted of cargo theft to fund law enforcement against cargo crime.
Global trade is no longer just about moving goods quickly and efficiently, it is also about moving goods securely. As many as 25 different parties are involved in the global movement of just one container (Russel & Saldanha, 2003). The chain encompasses different representatives of buyers, sellers, inland freighters, shipping companies, intermediaries, financiers, governments and the list goes on. With so many different supply chain operators involved, the risk of supply chain disruptions and vulnerability to external intervention increases. A supply chain security is very critical in today’s supply chain business. One supply chain partner may have excellent internal security efforts but if others in the supply chain are lacking adequate security efforts, or if there isn’t sufficient coordination between supply chain partners, those efforts may be for naught (Sheffi, 2001).