(CDI 4) Organized Crime Investigation PDF

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NOTES ON CRIME DETECTION AND INVESTIGATIONCDI-4: ORGANIZED CRIME INVESTIGATIONORGANIZED CRIME INVESTIGATION (PRC) Concepts, nature, and attributes of organized crime; Kinds, origin, and modes of operations OC; Transnational or borderless crimes; Kidnapping and terrorism; Cyber/Technology crimes; Org...

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NOTES ON CRIME DETECTION AND INVESTIGATION

CDI-4: ORGANIZED CRIME INVESTIGATION ORGANIZED CRIME INVESTIGATION (PRC) 1. Concepts, nature, and attributes of organized crime; 2. Kinds, origin, and modes of operations OC; 3. Transnational or borderless crimes; 4. Kidnapping and terrorism; 5. Cyber/Technology crimes; 6. Organized syndicates; 7. International and national laws, decrees, treaties and statutes. Concept of Organized Crime - Organized Crime poses a direct threat to national and international security and stability, and continues a frontal attack on political and legislative authority. Organized crimes disrupt and compromise social and economic institutions, thus causing a loss of faith in democratic process. WHAT IS ORGANIZED CRIME? - An organized criminal group shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences in order to obtain, directly or indirectly, a financial or other material benefit - (UN, PALERMO ITALY, 2000) - All illegal activities engaged in by members of criminal syndicates operatives throughout the United States and all illegal activities engaged in by known associates and confederates of such members. (U.S Department of Justice) - Group activities of three or more persons, with hierarchical links or personal relationships, which permits their leaders to earn profits or control territories or markets, internal or foreign, by means of violence, intimidation or corruption, both in furtherance of criminal activity and to infiltrate the legitimate economy. - any enterprise or group of persons engaged in a continuing illegal activity which has as its primary purpose the generation of profits and continuance of the enterprise regardless of national borders. (INTERPOL, according to P.J. Ryan and G.E. Rush) - any group having some manner of formalized structure and whose primary objective is to obtain money through illegal activities(FBI, according to H. Abaddinsky) - Planned commission of criminal offenses, determined by the pursuit of profit and power, involving more than two persons over a prolonged or indefinite period of time, using a commercial or business license scheme, violence, and/or intimidation. (BKA, Germany—BUNDESKRIMINALAMT) - Is any crime committed by a person occupying, in a established division of labor, a position designed for the commission of crimes providing that such division of labor includes at least one position for corrupter, one position for corruptee, and one position for an enforcer(FBI) For Organized Group to Work usually it has at least the following: 1. AN ENFORCER 2. A CORRUPTER 3. A CORRUPTEE

AN ENFORCER the one who makes for the arrangements for the killing (injuring or carrying out the task physically, economically or psychologically) the members or non members. A CORRUPTER - the one who corrupts or bribes, intimidate or threatens, negotiate or “sweet talks” into a relationship with public officials, law enforcement officer, or anyone who would be of help in obtaining security and immunity from possible arrest, prosecution and punishments. A CORRUPTEE - a public officials, law enforcement officers or anybody who not a member of the organization who can helps the organization Scale of Organized Criminal CHARACTERISTICS OF ORGANIZED CRIMES It is a conspiracy activity involving coordination of members. Economic gain is the primary goal. Economic goal is achieved through illegal means. Employs predatory tactics such as intimidation, violence and corruption. Effective control over members, associates and victims. Organized crimes do not include terrorists dedicated to political change. ATTRIBUTES OF ORGANIZED CRIMES 1. Has no political goal 2. Is hierarchical 3. Has a limited or exclusive membership 4. Constitute a unique subculture 5. Perpetuates itself 6. Exhibits a willingness to use illegal violence and bribery 7. Demonstrates specialization/ division of labor 8. Is monopolistic 9. Is governs by explicit rules and regulations 1. Has no Political Goals Organized crime is basically motivated by money and power. It is not social doctrine neither political belief nor ideological concerns that motivated leaders and members of the organized crime groups. Political involvement may be part of its activities for the purpose of gaining protection for its illegal activities. 2. Hierarchical An organized crime has a vertical power structure with at least three (3) ranks. The authority is inherent in the position and does not depend on who happens to be occupying it at any given time. 3. Limited or Exclusive Membership The criteria such as ethnic background, race, kinship, criminal record and other similar consideration seems to be the basis for membership in an organized crime group. Sponsorship by a ranking members and behavior characteristics also plays important factors for recruitment such as but not limited to: willingness to commit criminal act, follow the rules and regulations and secrecy in the organization.

4. Constitute a unique subculture Members of the organized crime group considered themselves distinct from the conventional society. They look at the society as “weak and stupid” and treat them with derisions if not contempt, and therefore not subject to its rules. This is sometimes referred to as “the underworld”. 5. Perpetuates itself An organized criminal group constitutes an ongoing criminal conspiracy designed to persist through time; that is, beyond the life of the current membership. In order for the group to survive, it must have an institutionalized process for inducting new members and inculcating them with the values and ways of behaving of the social system. This is shown by the depth of the sub-cultural orientation exhibited by the group. 6. Willingness to use Illegal Violence and Bribery Violence is readily available and acceptable in an organized crime group as a means to achieve its goal. Bribery becomes necessary so as to protect its operation and insure lesser chance of detection and suppression. 7. Specialization/Division of Labor There is a need for established functional position filled with qualified members. Commonly, there is a need for: (1) an enforcer, one who carries out difficult assignments involving the use of violence, including murder, in a rational manner. He may use members or non members or even a specialist to carry out the assignment; and (2) a corrupter (fixer/money mover), excels in developing contacts. 8. MONOPOLISTIC An organized crime group eschew competition. It strives for hegemony over a particular geographic area, a particular “industry”, legitimate or illegitimate, or a combination of both. A monopoly, of course, restrains “free trade” and increases profits. An organized crime monopoly is maintained by violence, by the threat of violence, or by corrupt relationships with law enforcement officials. A combination of both methods, violence and corruption, may be employed. 9. GOVERNS BY EXPLICIT RULES AND REGULATION An organized crime group, like a legitimate organization, has a set of rules and regulations that members are expected to follow. In an organized crime group, however, a rule-violating member is not fired but, more likely, fired upon STRUCTURE OF ORGANIZED CRIME GROUPS - The bureaucratic / Corporate model - Patrimonial/ Patron Client The Bureaucratic/ Corporate Model The corporation, the police, and the military are examples of bureaucracies, that mode of organization essential for efficiently carrying out large scale tasks. Patrimonial/ Patron Client

It is a characteristic of traditional societies that centers on families, patrons and their clients, and other personalities networks. GENERIC TYPE OF ORGANIZED CRIMES 1. Political Graft committed by political criminals for purposes of gaining profit though violence or force for the attainment of political goals or ambitions such as used of private armies, buying of votes or threatening voters. 2. In-Group Oriented Organized Crime manned by semi-organized individual with the end view of attaining psychological gratification such as adolescent gangs. 3. Mercenary/Predatory organized crime perpetuated for the attainment of direct personal gain but prey upon unwilling victims. 4. Syndicated Crimes comes with a structure organization that participates in illicit activity in society using force, or intimidation. TYPICAL ORGANIZED CRIME ACTIVITIES 1. THEFT and FRAUD Victimizing business: Hijacking of cargo trucks Robbery Bankruptcy fraud (“bust-out”) Insurance Fraud Stock Fraud (Inside Trading) Victimizing individual persons: Car theft (chop-shop or export) Burglary (robbery in a building) Stock Fraud (pump and dump scam) Victimizing State: Bid-rigging public projects Counterfeiting of Money Smuggling (Alcohol –bootlegging; Cigarettes – butt legging) Providing immigrant workers to avoid taxes 2. PROVIDING ILLEGAL SERVICES and GOODS Loan Sharking Murder for hire Book making Toxic Substance Gambling People Smuggling Prostitution Trafficking in human beings Drug Trafficking Arms dealing Pornography 3. BUSINESS and LABOR RACKETEERING Casino skimming

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Setting up monopolies in rigid market low tech industries. Bid-rigging Abusing labor unions xtortion (e.g. construction, transport, etc) Use of non-union labor and pocketing the wage difference. Monopolizing the supply of immigrant workers with the associated people; smuggling.

4. Miscellaneous Activities: Money laundering; Political corruptions; Bullying; and And Piracy. THEORIES OF CRIME 1. The strain of anomie 2. Differential association 3. Subcultures and social disorganization 4. Social control theory 5. Ethnic succession MAFIA is a term used to describe a number of criminal organizations around the world the first organization to bear the label was the Sicilian Mafia based in Italy, known to its members as Cosa Nostra in sum, mafia means protection against arrogance of the powerful, remedy to any damage, sturdiness of body, strength and serenity of spirit, and the best and exquisite part of life. apparently Sicilian-Arabic derived from terms meaning to protect and to act as guardian; a friend or companion; to defend; preservation, power, integrity, strength, and a condition that designates the remedy of damage and ill. OMERTA is a code of silence and secrecy that forbids Mafiosi from betraying their comrades to the authorities. Ideal of manliness Noncooperation with authorities Self-control in the face of adversity Vendetta-blood washes blood Neither government nor church to be trusted The foundation of the entire mafia is respect. Fear is the engine, and money is the fuel. But longevity of the mafia as an enterprise is built upon an abiding and uncommon sense of respect. The penalty for transgression is death, and relatives of the turncoat may also be murdered. Mafiosi generally do not associate with police (aside perhaps from corrupting individual officers as necessary). For instance, a mafioso will not call the police when he is a victim of a crime. He is expected to take care of the problem himself. To do otherwise would undermine his reputation as a capable protector of others, and his enemies may see him as weak and vulnerable. According to legend, the word Mafia was first used in the Sicilian revolt – the Sicilian Vespers – against rule of the Capetian House of Anjou on 30 March 1282. In this legend, Mafia

is the acronym for "Morte Alla Francia, Italia Anela" (Italian for "Death to France, Italy cries!"). However, this version is now discarded by most serious historians. RULES OF AMERICAN MAFIA -

Always show respect to those who can command it. Report any failure to show respect to one’s patron immediately. Violence must be used, even if only a limited type, to ensure respect. Never ask for surnames. Never resort to violence in a dispute with a member or associate of another family. Never resort to, or even threaten, violence in a member of your family. Do not use the telephone except to arrange a meeting place, preferably in code, from which you will then travel to a place to discuss business. Avoid mentioning specifics when discussing business-for example names, dates, and places- beyond those absolutely necessary for understanding. Keep your mouth shut-anything you hear, anything you see, stays with you, in your head; do not talk about it. Do not ask necessary questions. The amount of information given to you is all you need to carry out your instructions. Never engage in homosexual activities. If your patron arranges for two parties to work together, he assumes responsibility for arbitrating any disputes between the parties. The boss can unilaterally direct violence, including murder, against any member of his family, but he cannot engage in murder-for-hire, that is, make a profit from murder. The boss cannot use violence against a member or close associate of another family without prior consultation with that family’s boss. The principal form of security in the American Mafia is an elaborate system of referral and vouching. Vouching for someone who turns out to be an informant or undercover officer entails the death penalty.

RUSSIAN ORGANIZED CRIME VORY V ZAKONE - aka “ thieves with code of honor” It is the Sicilian counterpart, linked to a territorial-based provision of protection services and to alliance between upper world and the underworld. It is characterized by the three types of actors in crime picture at Russia namely: (1) corrupt government officials, (2) shady business tycoons (oligarch); and (3) members of criminal gang headed by a so called authorities and loosely tied with criminal fraternity known as “thieves in law” (Vory V. Zakone). They were able to create protective roof through their financial and fraternity connection. ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS) It first formed in the barrios in the 1920s. By 1990s, the Major Latino gangs had joined into two syndicates, the Nortenos based in northern California and the Surtenos based in Southern Califoria.

The Nortenos include such gangs as Big Hazard, the Breed Street Gang and the Silver Leaf Nortenos (SLN). The Surtenos include the Assasins, King Kobra and Mara Salvatrucha. In the Midwest The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples Nation based in Chicago. In Texas, Mexican American gangs have proliferated with the Mexican Mafia, the PRM (Partido Revolucionario Mexicano), and Mexicles being the most prominent. In the Eastern United States The major syndicates are La Gran Raza (The Great Race) and La Gran Familia (The Great Family). The Dominican Gangs became the major player in Drug trade in Metropolitan New York and in Northern New Jersey. In Miami and Dade County, Florida, The Cuban Mafia has built a strong base, having taken advantage of an alliance with Santo Trafficante’s Italian American Mafia family based in Tampa. In Puerto Rico, the Neta Association began as a prison gang, but it has spread beyond the island and beyond the prison walls. ORGANIZED CRIME IN ASIA China Organized Criminal Groups 1. Gangs (Triad) = work in cooperative ventures involving black market activities, burglaries and thefts, hijackings and extortions. 2. Criminal Syndicates = commonly involved in sophisticated crimes such as prostitutions, human trafficking and other organized form of both are involved in drug trafficking particularly of heroin from the golden triangle as well as Exploitation of women and children and smuggling of illegal immigrants vices. Dragon Syndicates is another name for the Chinese Triads, a name popularized by Martin Booth’s much acclaimed study “The Dragon Syndicates: the Global Phenomenon of the Triads (New York: Carroll and Graf, 2000). The Triad came from the symbolic triangle in their flag which indicates the three (3) elements: The Heaven, The Earth and the Man. Hong Kong Organized Criminal Groups Triads, such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong. They are involved in various activities ranging from drug trafficking to corruption. ICAC- Independent Commission Against Corruption is one of the most active Criminal Justice Unit involved in controlling illicit activities of these triads

JAPAN Yakuza (8-9-3) or Boryokudan - is the most influential organized crime group in Japan.

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Yakuza makes billions of dollars through corporate extractions and the Sokoiya (shareholders meeting men). Other activities that they are involved include exploitation of women, prostitutions (mostly coming from the Philippines, Thailand and Taiwan) and gambling den.

CAMBODIA Drug trafficking and human smuggling are the most notable organized criminal activities in Cambodia which are widely controlled by the Chinese and Myanmorese. Other activities involved gambling, corruption, prostitution and money laundering. Due to people’s belief of the effect of having sex with virgin women, prostitution became one of the most expensive organized crime and virgin women are the highest valued commodities. REPUBLIC OF KOREA KEANDAL EMENING SCARUPS Although not considered as criminal groups, they also engage in criminal activities someway to help the weak and the poor. They are notable for their loyalty and faithfulness. Organized criminal groups come in the form of political groups used as henchmen to attack political rivals . Several organized groups are associated with YAKUZA and other groups in the United States are involved mostly in drug trafficking, prostitution and exploitation of women. MYANMAR Myanmar has the largest organized crime groups controlled by military Junta. It includes the following: *United Wa State Army (UWSA) – under the command of Wei-Huseh-Kong – has connection with Southeast Asian and North America. * Kinkang Chinese – in coordination with MNDAA, protects cultivation areas and refining of drugs. * Myanmar National Democratic Alliance Army – control the plantations and refine opium into heroin and also produced methamphetamine. Trafficking of women and children to Pakistan and Thailand and corruption are also some of the activities of the group. TAIWAN Taiwan organized crime has close connection with the Chinese Triads and Hong Kong particularly the United Bamboo Gang. They are involved in drug trafficking, prostitution, women and child trafficking. SINGAPORE This is the country with the lowest cases of organized activities due to stringent laws and severe penalties and the government’s strong will power for the implementation of laws. THAILAND The country considered to be the most notorious in the world in terms of sex industry. Supplies or imports about one (1) million women in different countries in Asia. VIETNAM “Nam Cam Gang” is one of the most noted organized crime group in Vietnam and

known for drug trafficking and one of the major transit point of drugs in Laos, Myanmar, China and Taiwan from Cambodia.

PHILIPPINES The country considered as the heaven for the sex industry. A number of women are sent abroad as entertainers but later end-up as prostitutes. Thailand, Japan and other Asian Countries are common places of their destination. Young children for pedophiles are also being catered. 1. Francisco Group Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in Visayas and Mindanao 2. Pentagon Group operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate funds. Alonto is a nephew of MILF Chairman AL HAJ MURAD 3. Lexus Group specializes in carnapping and operates in NCR and Luzon 4. Rex “Wacky” Salud Group engaged in illegal gambling and operates in Cebu 5. Vic Yu Group engages in illegal gambling and operates in Visayas. 6. Superable Family a kidnapping for ransom (KFR) group with a 1 Million prize for the leader’s head who was killed in action during a shoot-out with law enforcers 7. Martires KFR group killed in Action (KIA) 8. Waray-Waray Group an ethnic group engaged in kidnap for ransom operations. Members are either belong from the family clan or natives from Samar and Leyte. Their leader was arrested on September 24, 2005. 9. Lupo Rhu Group lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.

TRANSNATIONAL ORGANIZED CRIME CO...