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Organized Crime John Anderson CRIM 101 Introduction to Criminology.

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Presentation on theme: "Organized Crime John Anderson CRIM 101 Introduction to Criminology."— Presentation transcript:

1 Organized Crime John Anderson CRIM 101 Introduction to Criminology

2 THE PROBLEM OF CRIMINAL ORGANIZATIONS Outlaw Motorcycle Gangs 2Organized Crime Lecture, Fall 2011

3 Background Hells Angels have been identified by Canadian Security Intelligence Services (CSIS) as exercising “enormous criminal clout”. Hells Angels have been identified by Canadian Security Intelligence Services (CSIS) as exercising “enormous criminal clout”. 180 chapters worldwide 180 chapters worldwide Drug trafficking, money laundering, prostitution Drug trafficking, money laundering, prostitution Nanaimo’s HA chapter has 12 full patch members and numerous “associates” and “hang-arounds” Nanaimo’s HA chapter has 12 full patch members and numerous “associates” and “hang-arounds” Clubhouse seized in November 2007 under provincial Civil Forfeiture Office Clubhouse seized in November 2007 under provincial Civil Forfeiture Office 3Organized Crime Lecture, Fall 2011

4 GENERAL FEATURES OF CRIMINAL ORGANIZATIONS SECTION 1 4Organized Crime Lecture, Fall 2011

5 Structure of COs Insulated leadership Insulated leadership Orders can never be directly traced to leaders Orders can never be directly traced to leaders Paramilitary structure Paramilitary structure Emblems or titles indicating rank & status Emblems or titles indicating rank & status Internal enforcement elite (Nomads or “the fixer”) Internal enforcement elite (Nomads or “the fixer”) Code of conduct with severe penalties for “ratting out” or stealing from other members Code of conduct with severe penalties for “ratting out” or stealing from other members May have counter-surveillance on police May have counter-surveillance on police 5Organized Crime Lecture, Fall 2011

6 Structure of COs Long recruitment process Long recruitment process May have to commit serious crimes to prove they are not associated with police May have to commit serious crimes to prove they are not associated with police Family members are “fast tracked” in the organization Family members are “fast tracked” in the organization Large pool of potential recruits Large pool of potential recruits May have to belong to particular ethnic or cultural group (Vietnamese gangs, Indo-Canadian, Russian syndicates, etc.) May have to belong to particular ethnic or cultural group (Vietnamese gangs, Indo-Canadian, Russian syndicates, etc.) 6Organized Crime Lecture, Fall 2011

7 Scope of Problem One in six homicides is “gang related” (Stats Canada, 2006) One in six homicides is “gang related” (Stats Canada, 2006) Over 300 street gangs identified in Canada, an estimated 11,000 gang members & associates. Over 300 street gangs identified in Canada, an estimated 11,000 gang members & associates. $27 to $69 million is laundered annually. $27 to $69 million is laundered annually. Credit card fraud led to losses of $200 million in Canada in Debit card losses amounted to $70 million. Credit card fraud led to losses of $200 million in Canada in Debit card losses amounted to $70 million. 7Organized Crime Lecture, Fall 2011

8 Scope of Problem Motor vehicle theft costs Canadians an estimated $1 billion a year. Motor vehicle theft costs Canadians an estimated $1 billion a year. About one-third of vehicles are never recovered About one-third of vehicles are never recovered The impact on the global economy of counterfeit goods such as CDs and purses is an estimated $600 billion a year. The impact on the global economy of counterfeit goods such as CDs and purses is an estimated $600 billion a year. 8Organized Crime Lecture, Fall 2011

9 Scope of Problem Counterfeit & piracy market $533.05B Counterfeit & piracy market $533.05B Drug trade estimated at $321.6 billion Drug trade estimated at $321.6 billion No. 1 purchasing country is USA ($290 B) No. 1 purchasing country is USA ($290 B) No. 5 purchasing country is Canada ($32.2B) No. 5 purchasing country is Canada ($32.2B) US Feds seized $1.6B in drug money (2007) at US-Mexico border US Feds seized $1.6B in drug money (2007) at US-Mexico border US Customs estimates they intercept less than 10% of contraband goods and proceeds of crime US Customs estimates they intercept less than 10% of contraband goods and proceeds of crime 9Organized Crime Lecture, Fall 2011

10 CONDITIONS NECESSARY FOR ORGANIZED CRIME SECTION 2 10Organized Crime Lecture, Fall 2011

11 Conditions Necessary for O/C 1. A law or laws which make products or services illegal to possess or use (e.g., Controlled Substances Act; prostitution) Controlled Substances Act Controlled Substances Act Criminalizes cultivation, possession and/or trafficking in cannabis, heroin, cocaine, methamphetamine, etc. Criminalizes cultivation, possession and/or trafficking in cannabis, heroin, cocaine, methamphetamine, etc. Copyright Act makes it an offence to make unauthorized copies of audio/visual media. Copyright Act makes it an offence to make unauthorized copies of audio/visual media. Consumer Protection Act levies Consumer Protection Act levies 11Organized Crime Lecture, Fall 2011

12 Conditions Necessary for O/C 2. High demand by the public for contraband According to the BC Centre for Addictions Research, one in five men have used cannabis in the past year (an approximation of “public demand”). According to the BC Centre for Addictions Research, one in five men have used cannabis in the past year (an approximation of “public demand”). 3. People motivated to provide contraband products and/or services Canadian Security Intelligence Service: 900 gangs operating in Canada Canadian Security Intelligence Service: 900 gangs operating in Canada 12Organized Crime Lecture, Fall 2011

13 Conditions Necessary for O/C 4. Opportunities for crime: Globalization has increased the volume of international trade Globalization has increased the volume of international trade Less than 5% of all container cargo entering North America is inspected by authorities Less than 5% of all container cargo entering North America is inspected by authorities Culture and media depicting the thrill of criminal organizations Culture and media depicting the thrill of criminal organizations 13Organized Crime Lecture, Fall 2011

14 Conditions Necessary for O/C 5. An environment where the benefits of law- breaking are perceived to outweigh the risks Very high profits from little investment Very high profits from little investment Global black market estimated at $1.038 trillion Global black market estimated at $1.038 trillion 14Organized Crime Lecture, Fall 2011

15 ENFORCEMENT ACTIVITIES SECTION 3 15Organized Crime Lecture, Fall 2011

16 Enforcement Activities Do laws and expenditures on policing lead to fewer problems with the illicit drug trade? Organized Crime Lecture, Fall

17 Supply and Demand If nations are successful in illicit drug control, the price of drugs will increase If nations are successful in illicit drug control, the price of drugs will increase Scarcity leads to higher prices Scarcity leads to higher prices Abundance leads to lower prices Abundance leads to lower prices All data in the next slides come from the United Nations World Drug Report (2008) All data in the next slides come from the United Nations World Drug Report (2008) 17Organized Crime Lecture, Fall 2011

18 18Organized Crime Lecture, Fall 2011 Worldwide Seizures Up

19 19Organized Crime Lecture, Fall 2011 Heroin prices down

20 Source: Washington Office on Latin America (http://www.wola.org/)http://www.wola.org/

21 THE LEGAL REACTION TO ORGANIZED CRIME SECTION 4 21Organized Crime Lecture, Fall 2011

22 Organized Crime (Criminal Organizations) What is “organized crime” and why is the definition an issue? What is “organized crime” and why is the definition an issue? 1.If four teenagers conspire to break into a home and sell what they steal, are they a “criminal organization”? 2.If a corporation conspires to cheat consumers, are they “organized criminals”? 3.If members of the Catholic Church have systematically brutalized aboriginal youth in residential schools, were they acting as a CO? 22Organized Crime Lecture, Fall 2011

23 Criminal Organizations A “criminal organization” means a group, however organized, that (a) is composed of three or more persons in or outside Canada; and (b) has as one of its main purposes or main activities the facilitation or commission of one or more serious offences that, if committed, would likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group or by any of the persons who constitute the group. 23Organized Crime Lecture, Fall 2011

24 Criminal Code Definition of Criminal Organization It is a crime to participate in a criminal organization but what or whom constitutes a “criminal organization”? Or… It is a crime to participate in a criminal organization but what or whom constitutes a “criminal organization”? Or… How do we know one when we see one? How do we know one when we see one? Criminal Code defines CO but does not make it an offence to be a member of one. jfa Criminal Code defines CO but does not make it an offence to be a member of one. jfa 24Organized Crime Lecture, Fall 2011

25 (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused… (3) In determining whether an accused participates in or contributes to any activity of a criminal organization, the Court may consider, among other factors, whether the accused… 25Organized Crime Lecture, Fall 2011

26 (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization; (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organization; (b) frequently associates with any of the persons who constitute the criminal organization; (b) frequently associates with any of the persons who constitute the criminal organization; (c) receives any benefit from the criminal organization; or (c) receives any benefit from the criminal organization; or (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization. (d) repeatedly engages in activities at the instruction of any of the persons who constitute the criminal organization. 26Organized Crime Lecture, Fall 2011

27 Participating in a Criminal Organization 27Organized Crime Lecture, Fall (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years (1) Every person who, for the purpose of enhancing the ability of a criminal organization to facilitate or commit an indictable offence under this or any other Act of Parliament, knowingly, by act or omission, participates in or contributes to any activity of the criminal organization is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

28 SOLUTIONS TO ORGANIZED CRIME (DRUG TRADE) SECTION 5 28Organized Crime Lecture, Fall 2011

29 Possible Solutions BC Progress Report (2006) addressed the issue of organized crime in BC: BC Progress Report (2006) addressed the issue of organized crime in BC: 1. Legalize or decriminalize drug use. Make it a health issue for medical professionals to treat. 1. Legalize or decriminalize drug use. Make it a health issue for medical professionals to treat. Removes market from organized crime. Removes market from organized crime. 2. Maximum enforcement capacity, build new prisons, longer sentences and greater police powers 2. Maximum enforcement capacity, build new prisons, longer sentences and greater police powers 3. Hybrid approach: 10 years of strict enforcement followed by decriminalization 3. Hybrid approach: 10 years of strict enforcement followed by decriminalization 29Organized Crime Lecture, Fall 2011

30 Civil Forfeiture 30Organized Crime Lecture, Fall 2011 What is Civil Asset Forfeiture? Creation of a civil cause of action brought against illicitly acquired property. Based upon civil law concepts dealing with unjust enrichment, property rights and compensation. Allows the government, using the civil court process, to seek the forfeiture of proceeds of unlawful activity.

31 Civil Forfeiture 31Organized Crime Lecture, Fall 2011 “Property” - What can be seized : real property or tangible or intangible personal property, including cash real property or tangible or intangible personal property, including cash applies only to property or an interest in property located in British Columbia applies only to property or an interest in property located in British Columbia

32 CONCLUSIONS 32Organized Crime Lecture, Fall 2011

33 Conclusions Organized crime thrives on market opportunities through globalization and international demand for contraband Organized crime thrives on market opportunities through globalization and international demand for contraband Policing/enforcement efforts have not shown to be very successful in curbing the activities of criminal organizations Policing/enforcement efforts have not shown to be very successful in curbing the activities of criminal organizations Only two solutions: reduce supply or demand. Demand can be reduced by making drug use a medical condition to be treated by health-care. Only two solutions: reduce supply or demand. Demand can be reduced by making drug use a medical condition to be treated by health-care. 33Organized Crime Lecture, Fall 2011

34 Resources Links of Interest Annual Cannabis Use by Country Annual Cannabis Use by Country Annual Cannabis Use by Country Annual Cannabis Use by Country Canadian Majority Would Legalize Cannabis (Angus Reid Poll) Canadian Majority Would Legalize Cannabis (Angus Reid Poll) Canadian Majority Would Legalize Cannabis (Angus Reid Poll) Canadian Majority Would Legalize Cannabis (Angus Reid Poll) Canadian Security Intelligence Service Canadian Security Intelligence Service Canadian Security Intelligence Service Canadian Security Intelligence Service Havocscope.com: Black Markets Havocscope.com: Black Markets Havocscope.com: Black Markets Havocscope.com: Black Markets Hells Angels World Hells Angels World Hells Angels World Hells Angels World Legality of Cannabis Use by Country Legality of Cannabis Use by Country Legality of Cannabis Use by Country Legality of Cannabis Use by Country Organized Crime (Gov’t of Canada Website) Organized Crime (Gov’t of Canada Website) Organized Crime Organized Crime National Ant-Drug Strategy National Ant-Drug Strategy National Ant-Drug Strategy National Ant-Drug Strategy Sonny Barger – Founder of Hells Angels Sonny Barger – Founder of Hells Angels Sonny Barger – Founder of Hells Angels Sonny Barger – Founder of Hells Angels United Nations: World Drug Report United Nations: World Drug Report 34Organized Crime Lecture, Fall 2011

35 The End


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