Transcript Corpus delicti - Bakersfield College

Criminal Investigation:
A Method for Reconstructing the Past, 7th Edition
Book
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Chapter 24
ENTERPRISE CRIME
Organized, Economic, and White-Collar
Crime
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1
Enterprise Crime
• Including but not limited to organized and white-collar
crime, corruption and economic crime, organized drug
trafficking, and other illicit activities of societal concern
• Characterized by criminal networks and illegal
relationships
• Primary goals of individuals involved:
– Propagation of the group
– Financial or economic gain
– The advancement of power and influence
• Groups will engage in both legal and illegal activities, be
willing to corrupt or intimidate and use extreme violence
or the threat of violence
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The Enterprise Criminal
• They differ from traditional offenders:
– They represent a greater economic threat to
society
– Much more difficult to investigate, prosecute, and
convict
– They are self-perpetuating
– Hierarchical in nature (older groups), with
exclusive membership, and distinct code of
behavior
– Newer networks are more decentralized
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New and Developing Areas
of Enterprise Crime
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Illegal drugs and drug trafficking ― new forms
Computer-related crime
Theft of technology; industrial espionage
Arms dealing
Art and cultural object theft
Dealing in body parts, such as kidneys and hearts
“Kidnapping, slavery, and prostitution” ― old crimes
in new forms
• Mail fraud
• Investment fraud
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Transnational Crimes
• Provision of Illicit Goods
– Theft of art, cultural objects, intellectual property;
illicit arms, drug and body part trafficking; sea
piracy
• Provision of Illicit Services
– Money laundering; trafficking in persons;
computer and environmental crime
• Infiltration of Business
– Fraud; computer crime; infiltration of legal
business; corruption and bribery
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Conducting the Investigation
• Involves greater coordination and cooperation
than for the more traditional forms of crimes
• Some groups work transnationally
• Most prosecution will involve greater
knowledge than may currently exist within
most investigative units
• Most organized criminal activity of interest to
the U.S. will occur within its borders
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Investigating Enterprise Crime
• Areas of Interest to Investigators
– Organization and Structure
– Membership
– Sphere of Influence
– Goals or Purpose
– Means Used to Attain Goals
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Organization and Structure
• Hierarchical
• Shared leadership
– Loose confederation of groups working together
to commit crimes where particular expertise or
contacts are necessary
• “Layers” of people to pass decisions on or
carry out street-level activities
• Organization may be specialized for certain
types of business
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Membership
• Strictly controlled
– May take years before an individual is fully trusted
• Elaborate recruiting procedures
• Old friends and family members for core of
leadership
• Recruitment from prisons
– Credibility is in question if they become an
informant
– Lessens the possibility of infiltration
• High-priced lawyers are employed
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Sphere of Influence
• Bribery
– Corrupt government officials
– Judges
• Blackmail
– Threat of violence
• “Look the other way”
– Police
• Highest levels of government
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Goals and Means
• MO
• Knowledge of how to avoid detection and
prosecution
• Creation of “smoke screens”
• Computer crime
• International criminal activity has increased
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Typology of Enterprise Criminality
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The Mafia
Drug-Trafficking Organizations
Jamaican Posses
Asian Criminal Groups
– Chinese Criminal Organizations
– Viet Ching and Vietnamese Gangs
– Triads
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Government Corruption in the U.S.
• Investigations
– More difficult assignments
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Fraud
Investigating Fraud
Asset Recovery
Preparation for Court
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Investigating Illegal Drugs and Drug
Trafficking
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Traditional investigations
Surveillance
Undercover and informant operations
Cooperative inter-agency investigations
International investigations involving two or
more countries
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Investigating Illegal Drugs and Drug
Trafficking
• Tracking money
• Tracking where they entered — distribution
networks
• Blend into the community
– Large expenditures with no visible means of
support may aid in detection
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Drugs
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Cocaine
Crack cocaine
Heroin
Marijuana
PCP
Methamphetamine
Amphetamines, barbiturates, hypnotics,
and “designer” drugs
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Traditional Investigations
• Occur when there is a complainant, victim, or
witness who provides info concerning a drug
operation
• Need to secure evidence (illegal drugs usually are not
sold to strangers)
– Corpus delicti
• The frequent need to protect witnesses from the
drug dealers
• Witness or informant might have ulterior motives for
providing information, usually part of an effort to
eliminate competition
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Surveillance
• Most effective means of collecting
information
• Electronic and visual
• Code words used in conversations, gestures
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Undercover and Informant Operations
• Feasible way to reach as high into the criminal
enterprise as possible
• User → seller → wholesaler → organizational
structure
• Most dangerous part of investigations
• Need to seek informant’s motive for giving
information
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Cooperative Investigations
• Establishment of task forces and teams from
several departments or agencies
• Clear lines of responsibility and authority
must be established
• Conflict over differences in policies and
procedures
– Joint training program
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International Investigations
• Carried out by federal agencies
• DEA, FBI, U.S. Postal Inspection Service, CIA,
U.S. Military
• INTERPOL and EUROPOL serve as data
collection and information exchange points,
as well as intelligence sources
• Security operations of multinational
corporations
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21
RICO and Asset Forfeiture
Racketeer Influenced and Corrupt Organizations (RICO) Act
– Investing the proceeds of a pattern of racketeering
activity in an enterprise that engages in interstate or
foreign commerce;
– Acquiring or maintaining an interest in such an
enterprise by means of a pattern of racketeering
activity
– Using a pattern of such activity in conducting the
affairs of such an enterprise; or
– Conspiracy to do any of the above.
(Manning, 2010)
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Government Corruption Investigations
• Background check
• Financial assessment and record of assets
• Suspect’s personal characteristics, friends,
and contacts, family situation, etc.
• Interview should be conducted
– Keep accurate record of the interview
• May not be investigating an actual crime, but
rather the allegation that a crime might have
been committed
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