Construction Waste Theft!

Well it's definitely being diverted from a landfill :). But seriously I'd still count it. It wouldn't hurt to keep the police reports as backup if they ask for it. I'd just fill in "stolen" for the place/company that it was diverted to.

Jeffrey, I beg to differ with Michelle’s approach for a couple of reasons. First, the project lost control of the material. Secondly, GBCI does not allow “visual estimates” for reporting. Lastly, I would not advise claiming something in LEED documentation that is not an approved compliance path and just hoping you don’t get asked about it. At the very least, you would need to submit a CIR for direction on whether it would be approved. You could also proactively approach your reviewer on it.
To solve your theft problem on this project Jeffrey you might consider bins that lock. You might also consider more frequent pickups using smaller bins. Since I don’t know the size of the project, video cams and/or security fencing may or may not be options. Perhaps you could ask the police to drive by as part of their routine to at least discourage theft.

I don't see any harm with doing a pre-step to the CIR - send the question to USGBC, and see what they say! Be clear in your information, the projected REASONABLE recycled amount expected per the Const Waste Plan, the assumed loss due to theft, and the police reports. Inquire if the credit could be achieved via "special circumstance" if you provide the CWM plan, the documentation of what you were able to recycle, ALL the police reports, and a narrative explaining the theft, how you attempted to curtail it once it happened (more frequent pick-ups, request for police drive by, locked dumpsters, etc, and why you believe you think the stolen amt would have allowed you to achieve your required diversion rate. It never hurts to ask. And if they say no, you could always attempt the special circumstance approach anyway (no guarantees).