Transcript The Structure of Criminal Organizations

Design a National Strategy to Fight
Organized Crime
Why is it so hard to fight OC?
1. Lack of evidence (Bosses are never in contact with the crime
i.e. drug, guns, gambling);
2. Corruption of Law Enforcement and the Judiciary;
3. The criminal organization is drawn by the most prominent
financial and political circles.
Result: In the usual case, traffickers are convicted.
General Elements for a Strategy
 Legal aspects
 Structure of Police, Prosecutor, Judiciary and
Prison institutions
 Training of Experts
 Development of strategies to investigate and
best apply the relevant laws.
Development of the Legal
Aspects
 International Context
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The 1988 Vienna Convention
The 2000 Palermo Convention
 International “best practices”
Does an International Strategy
Exist?
 The Palermo Convention
Development of an International Consensus to
reach this Agreement
 The 1994 Naples Conference
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Negotiations in Poland, Argentina and Vienna
Signed in Palermo
Ratification is ongoing, currently 15 signatories
Generations of the Laws against
Organized Crime
1970
1982
1988
2000
National
European
International
Level
Level
R.I.C.O. Law
Rognoni-La
Torre Law
Colombia
Convention of Development
of European
France
Vienna
Legislation
Mexico
Convention of
Peru
Palermo
Minimal Elements to Take into
Consideration
 To criminalize:
a) Either conspiracy or
participation in organized criminal
groups
b) Organizing, directing, aiding and
abetting, facilitating or counseling
the commission of serious crime
involving an organized criminal
group.
c) Money laundering
d) Corruption
e) Obstruction of justice
 Measures to:
a) institute a comprehensive
domestic regulatory anti-money
laundering system
b) ensure the ability to cooperate
and exchange information on money
laundering
c) adopt legislative, administrative
measures to promote integrity and
prevent, detect and punish
corruption
d) ensure effective action in anticorruption including independence of
the authorities in charge of anticorruption activities
Minimal Elements to Take into
Consideration
Measures to (continued):
e) create a system of liability of
legal persons
f) enable confiscation of
proceedings and instruments of
crimes.
g) enable identification, tracing,
freezing or seizure and eventual
confiscation of proceeds of crime
h) empower courts or other
competent authorities to order
that bank, financial or
commercial records be made
available or be seized
i) accept extradition
j) accept mutual legal assistance
k) provide effective protection for
witnesses and victims
l) provide access to
compensation and restitution for
victims
m) encourage persons who
participate or have participated in
organized crime to collaborate
with the justice system
n) develop training programs.
o) assist one another in planning
and implementing research and
training
Design of Institutional Structures to
Fight Organized Crime
 An institutional structure is needed for:
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Police
Police Intelligence
Prosecutors
Prosecutorial Intelligence
Judges
Appeal Courts
Prisons
France
Law Enforcement Structure
Ministry of Interior
Anti-Mafia
Coord. &
Investigation
Unit
(UCRAM)
AntiTerrorism
Unit
(UCLAT)
Central Directorate
of Urban Police
(DCSP)
Police of
Paris
(P.P.P.)
General Directorate of the
National Police
Central Directorate of the
Judicial Police
Ministry of Defense
Gendarmery
National Office
of
INTERPOL
Regional
Services of
the Judicial
Police
(S.R.P.J.)
Ministry of Treasury
Customs
Unit against
Clandestine
Financial Circuits
(TRACFIN)
France
Coordination
Ministry of Interior
(Main Coordinator)
U.C.R.A.M.
(Field Coordinator)
Customs
DRUGS
O.C.R.T.I.S.
Judicial Police
FINANCIAL CRIMES
CYBERCRIMES
O.C.R.G.D.F.
Gendarmery
VIOLENCE
(D.O.)
MONEY LAUNDERING
CLANDESTINE FINANCIAL
CIRCUITS
O.C.R.B.
T.R.A.C.F.I.N.
Search & Intervention
Brigade
(B.R.I.)
France
Prosecution
Ministry of Justice
Attorney General
Province
Attorney's Assistants
Attorney General
Paris
Terrorism
Section
Financial
Section
U.S.A.
Law Enforcement Structure
Department of
Justice
Attorney General
Criminal Division
Drug Enforcement
Administration
(D.E.A.)
Office for
International
Affairs
Special
Investigations
Office
U.S. ATTORNEYS
National Central
Bureau of
Interpol
Internal Security
Section
Department of
Treasury
Public Integrity
Section
F.I.N.C.E.N.
Organized
Crime &
Racketeering
Section
Federal Bureau of
Investigations
(F.B.I.)
Office of
Enforcement
Operations
Office
Bureau of
Alcohol,
Tobacco &
Firearms
Customs
Secret
Service
U.S.A.
Coordination
Federal Level
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White House Office on National Drug
Control Policy
Internal Revenue Service Criminal
Investigation
Financial Crime Enforcement Network
Organized Crime, Narcotics Trafficking
Enforcement Program
Directorate of Central Intelligence
Counter-narcotics and Crime Center
Law Enforcement Detachments
Bureau for Narcotics and Law
Enforcement
State Level (New York)
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State Attorney General
Regional Offices and Division of
State Counsel
Criminal Division
Medicaid Fraud Control Unit
Organized Crime Task Force
Civil Recoveries
NY State Police Bureau of Criminal
Investigations
NY State Division of Criminal
Justice Service
Mexico
Investigation
Attorney
General
Interpol
Unit Against
Money Laundering
Specialized Unit
Against Organized Crime
Tecnical Coordinator
Coordinator
Federal Judicial Police
Specialized in O.C.
Specialized Forensic Services
Unit against
Narcotics
Judicial Coordinator
Wiretaping
Human Rights Violations
Technical Unite for Wiretaping
General Coordinator
General Coordinator
General Coordinator
General Coordinator
Mexico
Law Enforcement Structure
(Coordination)
Public Security
Secretariat
Federal System for
the Treatment of
Juvenile Crime
Treasury
Secretariat
Federal Prisons
System
Attorney General
Office
Specialized Unit
against Organized
Crime
Coordination of
the Public
Security System
Secretariat
Federal Preventive
Police
Defense
Secretariat
Prosecutor
Unit against Money
Laundering
Federal
Judicial
Police
Counter-narcotics
Intelligence Center
Institutional Models
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Prosec.
Office
U.S.A.
France
Mexico
Spain
Italy
Germany
S. Africa
Intellig.
Police
(centralized or not)
Judiciary
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Centralization or Not?
 Difficulty to understand Laws against
Organized Crime
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New Institutions
 Expansive rules
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Intrusive nature
Rationality of decision control
More Problems to Consider
 Corruption of Public Officials
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More centralization helps to lower the risk of
spreading corruption
Oversight of the Offices in charge of fighting
Organized Crime is easier
Protection of Judges, Police Officers and
Prosecutors is facilitated
Criminalization
 Organized Crime
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Conspiracy
Membership
Others
Corruption
Money Laundering (all forms)
Obstruction of Justice
Protocol’s Crimes
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Trafficking of people / Smuggling of migrants
Trafficking / Smuggling Drugs
Manufacturing and Illicit traffic of firearms / WMD
Means of Fight
 Extension of duration for investigation
 “House Arrest’/(EM) for investigation purposes
 Collaborating witnesses
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Immunity
Benefits (punishment reduction)
Protection of witnesses
No parole without collaboration
Undercover operations and controlled deliveries
Telephone and electronic surveillance
Financial investigations
Seizure and forfeiture of assets
How to Control its Use?
Challenge:
 Rationality of decision control
(Less abuse of power)
 Without loosing effectiveness.
Recommendation:
Critical decisions against people or assets must be
concurred by independents equals pre-facto or
immediately post-facto (without adrenaline).
Control of Decision Models
U.S.A. (Wire-tapping)
U.S. Congress
Judge Authorize
Controlled the number annually
for 90 days
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SAC
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Field Office
FBI Agent
request ICP
Department of
Justice
Washington
Control Office
Request
French Model
Acusation Room
Review the decision 15 day (maximum)
Ask for pre-trial detention
Public Prosecutor
Judicial Police
Judge of
Liberty
48 hrs.
Judge of Instruction
Need to Construct Barriers
 Laws against Organized Crime are intrusive
 They are exceptional
 Could be expansive beyond the precise
language of the law (not desired consequence)
Applies to conditions unforeseen
 Barriers are fundamental
What is a Barrier?
 Determinate boundaries
 Who, under what conditions and which
institutions can use the Law against
Organized Crime
 The internal mechanisms of decision control
Penitentiary Policy related to
Organized Crime
 Characteristics:
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Existence of an appropriate criminal procedure framework to avoid
jurisdiction problems or constitutional complaints
The prisons must be located in places of low urban density
Avoid penitentiary over population
The prisons must have systems to control access in all physical areas
The prisons must have double security perimeter:
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Internal, in charge of penitentiary custody personnel,
External, in charge of penitentiary security personnel with help of the
law enforcement.
Must employ specialized personnel with training to manage convict
treatment and security issues
Profile of the Penitentiary
Population
 Convicts with a high dangerous profile
and high capacity on organized crime to keep on
operation, no matter if s/he is in prison, from
inside to outside or vice versa.
 Convicts who must be protected
by reason of their testimony or the characteristics
of the crimes committed
Design of Strategies
 Goals:
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Dismantle the organization
Limit its effectiveness
Seizure and forfeiture of its assets
 Understand the organizational nature
 Determine its International links
 Determine what means will be applied
International Cooperation
 Police-to-Police
 Interpol
 Judicial (International)
 Mutual Legal Assistant
Understand the Limit of each
Means
 Undercover & Controlled deliveries
 Electronic Surveillance
 Collaborating Witnesses
 Financial Investigations
 Use every technique of investigation
available.
The Evidence in Law
 In Instantaneous Crimes
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The fact happens in a moment
The evidence consist of proof that these facts
happened
Murder as an Example:
Witnesses, ballistic, finger prints, DNA testing, etc...
The Evidence in Organized
Crime
 On drug trafficking or Mafia, the bosses
rarely come in contact with the drugs and
rarely kill personally
 The Organized Crime group is continuous in
its criminal activity
 The crimes area continued and continuous
In Organized Crime Cases, it is NOT
Necessary to Prove:
 That the boss ordered the crime
 It is sufficient proof:
that s/he commands or belongs to an
organization that traffick in drugs, orders
murders or blackmailing, or engages in
certain predicate offenses
Evidence Integrity
(Just like a Gothic Cathedral)
 It must be harmonic
 Trying to build modularly a crime and
linking it to other crimes
 Proving the existence of an organization
 Every piece supports other pieces
 Relating one to each other
Harmonic Evidence Integration
 A collaborating witness’ statement is not
enough
It is also necessary to confirm as far as possible
all that s/he says
 Electronic surveillance is not enough
It is hard for prosecutors and judges to interpret
and juries can misinterpret
 It’s also necessary to prove a defendants role
and membership in the organization
Recruitment & Training
 Strict systems of personnel recruitment
It can include: use of polygraph analysts, social and economic
studies, personality profiling, review of criminal records and
appropriate physical health of the candidates
 Specialized training of the personnel on all aspects:
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Initial Training
Continuous Training
Specialized Training
The Twin Track
REPRESSION
Fight the Criminality
PREVENTION
The Twin Track
 Repression
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Law enforcement
Sanction and
punishment
 Prevention
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Reducing the risk to
society
Intervening in the
causes (proactive
approach)
Kinds of prevention:
Primary, Secondary and
Tertiary, Individual, General
and Proactive prevention,
among others