Oregon v. IslamAnnotate this Case
Defendant Rasool Islam Islam shoplifted 15 pairs of jeans from a Macy’s retail department store and was convicted of one count of theft in the second degree. The prosecutor sought restitution for Macy’s economic damages based on the retail price of the jeans at the time and place of the theft. Defendant argued that restitution instead should have been based on the value of the jeans on the wholesale market, and any lost profits that Macy’s could prove resulted from the theft. The trial court granted restitution based on the retail value of the jeans, and the Court of Appeals affirmed. After review, the Supreme Court concluded that a retail seller of goods that have been stolen may recover, as restitution, the reasonable value of those goods on the market to which the seller would resort to replace those goods at the time and place of conversion, together with any additional losses that the state proves the victim sustained. In this case, because the state did not prove any such additional losses, the victim was limited to restitution in the amount of the reasonable wholesale value of the jeans. The Court reversed and remanded for further proceedings.