1. Design a National Strategy to Fight Organized Crime

2. Why is it so hard to fight OC? 1. Lack of evidence (Bosses are never in contact with the drug); 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 best case, traffickers were tried for illegal possession of firearms

3. General Elements for a Strategy  Legal aspects  Structure of Police, Prosecutor, Judiciary and Prison institutions  Training of Experts  Development of strategies to best apply the Laws.

4. Development of the Legal Aspects  International Context The 1988 Vienna Convention The 2000 Palermo Convention  International best practices

5. Does an International Strategy Exist?  The Palermo Convention Development of an International Consensus to reach this Agreement  The 1994 Naples Conference Negotiations in Poland, Argentina and Vienna Signed in Palermo Ratification is ongoing, currently 15 signatories

6. Generations of the Laws against Organized Crime Convention of Palermo 2000 Development of European Legislation Convention of Vienna Colombia France Mexico 1988 Rognoni-La Torre Law 1982 R.I.C.O. Law1970 European Level International National Level Peru

7. 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 anti- corruption including independence of the authorities in charge of anti- corruption activities

8. 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, to the extent necessary, training programs. o) assist one another in planning and implementing research and training

9. Design of Institutional Structures to Fight Organized Crime  An institutional structure is needed for: Police Police Intelligence Prosecutors Prosecutorial Intelligence Judges Appeal Courts Prisons

10. France Law Enforcement Structure National Office of INTERPOL General Directorate of the National Police Central Directorate of Urban Police (DCSP) Ministry of Interior Customs Ministry of Treasury Unit against Clandestine Financial Circuits (TRACFIN) Gendarmery Ministry of Defense Anti- Terrorism Unit (UCLAT) Anti-Mafia Coord. & Investigation Unit (UCRAM) Regional Services of the Judicial Police (S.R.P.J.) Police of Paris (P.P.P.) Central Directorate of the Judicial Police

11. France Coordination Ministry of Interior (Main Coordinator) U.C.R.A.M. (Field Coordinator) O.C.R.B. Search & Intervention Brigade (B.R.I.) O.C.R.T.I.S.O.C.R.G.D.F.T.R.A.C.F.I.N. GendarmeryCustomsJudicial Police DRUGSFINANCIAL CRIMES CYBERCRIMES VIOLENCE (D.O.) MONEY LAUNDERING CLANDESTINE FINANCIAL CIRCUITS

12. France Prosecution

13. U.S.A. Law Enforcement Structure Department of Treasury Bureau of Alcohol, Tobacco & Firearms Secret Service CustomsF.I.N.C.E.N. Department of Justice Attorney General U.S. ATTORNEYS Drug Enforcement Administration (D.E.A.) Federal Bureau of Investigations (F.B.I.) National Central Bureau of Interpol Criminal Division Office for International Affairs Special Investigations Office Internal Security Section Public Integrity Section Organized Crime & Racketeering Section Office of Enforcement Operations Office

14. U.S.A. Coordination Federal Level 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)  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

15. Mexico Investigation

16. Mexico Law Enforcement Structure (Coordination) Specialized Unit against Organized Crime Federal Judicial Police Public Security Secretariat Attorney General Office Federal Prisons System Federal Preventive Police Coordination of the Public Security System Secretariat Federal System for the Treatment of Juvenile Crime Defense Secretariat Counter-narcotics Intelligence Center Treasury Secretariat Prosecutor Unit against Money Laundering

17. Institutional Models (centralized or not) d dcccS. Africa d d ddcdGermany c d ddcdItaly c d ccccSpain c d dcccMexico c d ddcdFrance c d ddcdU.S.A. Prisons Appellation Judiciary Prosec. Office Intellig.Police

18. Centralization or Not?  Difficulty to understand Laws against Organized Crime New Institutions  Expansive rules Intrusive nature Ultima ratio Building of dams Rationality of decision control

19. More Problems to Consider  Corruption of Public Officials 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

20. Criminalization  Organized Crime Conspiracy Membership Others  Corruption  Money Laundering (all forms)  Obstruction of Justice  Protocol’s Crimes Trafficking of people Smuggling of migrants Manufacturing and Illicit traffic of firearms

21. Means of Fight  Extension of duration for investigation  Use of ‘house arrest’ for investigation purposes  Collaborating witnesses 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

22. 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)

23. Control of Decision Models U.S.A. (Wire-tapping)  SAC . FBI Agent request ICP Request Department of Justice Washington Control Office Judge Authorize for 90 days  SAC . Field Office U.S. Congress Controlled the number annually

24. French Model Public Prosecutor Judicial Police Judge of Instruction Ask for pre-trial detention 48 hrs. 48 hrs more on Terrorism and Drug cases 24 hrs PLUS 24 hr Acusation Room Review the decision 15 day (maximum) Judge of Liberty

25. Need to Construct Barriers  Laws against Organized Crime are intrusive  They are exceptional  Could be expansive beyond the precise language of the law (not desire consequence) Applies to conditions unforeseen  Barriers are fundamental

26. 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

27. Penitentiary Policy related to Organized Crime  Characteristics: 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: Internal, in charge of penitentiary custody personnel, External, in charge of penitentiary security personnel with help of the law enforcement or the army Must exist specialized personnel on convict treatment and security issues

28. Profile of the Penitentiary Population  Convicts with a high dangerous profile and high capacity on organized crime to keep on operation, no matter if he/she 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

29. Design of Strategies  Goals: 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

30. International Cooperation  Police-to-Police  Interpol  Judicial (International Rogatory)  Mutual Legal Assistant  F.I.U. to F.I.U.

31. Understand the Limit of each Means  Undercover & Controlled deliveries  Electronic Surveillance  Collaborating Witnesses  Financial Investigations  Use every technique of investigation available.

32. The Netherlands Mistake  Undercover Case  Using third parties (no police)  Created the most important Marijuana trafficker, who never deal with cocaine Mistakes on the conception about the organization and mistakes in the technique used

33. The Evidence in Law  In Instantaneous Crimes 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...

34. The Evidence in Organized Crime  On drug trafficking or Mafia, the bosses rare 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

35. In Organized Crime Cases, it is NOT Necessary to Prove:  That the boss ordered the crime  It is sufficient proof: that he/she commands or belongs to an organization that trafficks in drugs, order murders or blackmailing, or engages in certain predicate offenses

36. 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

37. Harmonic Evidence Integration  A collaborating witness’ statement is not enough It is also necessary to confirm as far as possible all that he/she says  Electronic surveillance is not enough It is hard for prosecutors and judges to interpret and juries can mis-interpret  It’s also necessary to prove a defendants role and membership in the organization

38. 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: Initial Training Continuous Training Specialized Training

39. The Twin Track REPRESSION PREVENTION Fight the Criminality

40. The Twin Track  Repression Law enforcement Sanction and punishment  Prevention 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