1. Chapter 3:
Describing Organized Crime: Identifying & Classifying Dominant Characteristics

2. Chapter Outline Introduction: Identifying Key Characteristics of OC
Previous Efforts to Systematically Identify the Characteristics of OC
A Comprehensive Taxonomy of the Characteristics of an OC Conspiracy
Conclusion

3. Learning Outcomes
After reading this chapter, you should have an understanding of:
Key characteristics of OC
The challenges of identifying common characteristics of OC
How an analysis of OC characteristics contributes to a better understanding of Canadian OC

4. Systematically Identifying the Characteristics of OC
U.S. National Advisory Committee on Criminal Justice Standards & Goals, Task Force on Organized Crime (1976)
“… no single definition is believed inclusive enough” to
reflect the diversity of criminal groups throughout the country.
Seven characteristics of organized crime:
1. a conspiratorial crime
2. has profit as its primary goal
3. is not limited to illegal enterprises or unlawful services but includes sophisticated legal activities as well
4. is predatory, using intimidation, violence, corruption, & appeals to greed
5 conspiratorial groups are well disciplined & incorrigible
6. is not synonymous with the Mafia but knows no ethnic bounds
7. excludes political terrorists, being politically conservative, not radical

5. Systematically Identifying the Characteristics of OC
European Union (2001)
To be defined as a criminal organization, a conspiracy must exhibit at least six of the following characteristics (# 1,3,5 & 11 are mandatory):
1. Collaboration of more than two people,
2. Each with own appointed tasks,
3. For a prolonged or indefinite period of time (refers to the stability & (potential) durability),
4. Using some form of discipline & control,
5. Suspected of the commission of serious criminal offences,
6. Operating at an international level,
7. Using violence or other means suitable for intimidation,
8. Using commercial or businesslike structures,
9. Engaged in money laundering,
10. Exerting influence on politics, the media, public administration, judicial authorities or the economy, &
11. Determined by the pursuit of profit and/or power.

6. Systematically Identifying the Characteristics of OC

7. A COMPREHENSIVE TAXONOMY OF THE CHARACTERISTICS OF AN OC CONSPIRACY

8. Organizational Multiple Offenders
The more offenders involved in a criminal conspiracy, the greater the requirement they & their activities are organized
Criminal Code defines a criminal organization as three or more people conspiring together
Systematic Pattern to the Offenders’ Relationship
A relationship that is deliberately & functionally purposive for the offences and/or the broader goals of the criminal conspiracy:
Personal (“associational”) ties (family, nationality, language)
“Entrepreneurial” ties (the bond among the offenders is less personal & more determined by business interests)

9. Specialization / Division of Labour
Organizational
Specialization / Division of Labour
Individuals assume certain functions within an organization
Hierarchical organization: specialization corresponds to the position that one assumes in the power structure
Network: one’s specialization corresponds to one’s skills and/or resources

10. Organizational Insulation Against Enforcement & Prosecution
Measures to insulate criminal group & individual offenders
The organizational structure itself can serve to insulate:
hierarchical groups: lower echelons protect upper echelons
networks : individual cells may be unknown to one another
Other insulation measures:
secrecy (omerta)
rules/regulations
threat of punishment (death)
belief the organization is supreme & must be protected at all costs

11. Organizational Specialized modes & channels of communication
Measures to protect communication among offenders
Communication can be protected in one of two ways.
1) ensure criminal communication is not intercepted by police
2) communication structured so it cannot be interpreted by police
Channels of communication:
Hierarchical groups: lower echelons can only communicate with those directly above them (no direct communication with leaders)
Networks: limited communication between different cells; much of the communication occurs through a central “broker”

12. Organizational
Criminal triad members have been known to use hand signals when giving or receiving orders

13. Organizational Limited or Exclusive Membership Recruitment
Some crime group place limitations on who can be a member
Group membership predicated on some form of binding relationship among members: ethnicity, kinship, race, language, criminal record
Prospects require a ranking member to sponsor them for membership & must undergo a period of apprenticeship
Membership in some criminal groups is not symbolic; it can bestow prestige upon individuals in the criminal underworld
Recruitment
OC groups actively recruit members or associates who join willingly (or unwillingly)

14. Organizational Continuing Enterprise / Continuity
Some criminal organizations have persisted through time; lasted beyond the life of individual members, including its leadership
Criminal Code: criminal organization “does not include a group of persons that forms randomly for the immediate commission of a single offence.”

15. Multi-jurisdictional / Transnational in scope
Organizational
Organized crimes more apt to cross jurisdictional & national borders compared to rudimentary “street” crimes
Many dominant OC "genres" are transnational in scope:
Italian (‘Ndrangheta)
South American cocaine cartels,
Chinese triads & other non-triad groups
Nigerian criminal enterprises
Outlaw motorcycle gangs (esp. Hell Angels)
Multi-jurisdictional / Transnational in scope

16. Organizational Multi-jurisdictional / Transnational in Scope
Image Source:

17. Organizational Secrecy
The lengths to which OC groups protect the secrecy of its operations (through violence, intimidation, insulation, rules, & codified codes of conduct) separates OC from unorganized crime.
Image source:

18. Commercial (Criminal Activities)
Profit-Oriented Criminal Activities
The business of OC consists of revenue-generated, profit-oriented offences
This distinguishes OC from crimes of passion, vandalism, or illegal acts committed for the sake of political or social change.
Even those organized crimes that do not directly generate revenue – violence, money laundering, corruption - are to support the effort to make money.
Image Source: RCMP (Personal correspondence)

19. Commercial (Criminal Activities)
Serious Illegal Acts
Criminal Code: a criminal organization must have “as one of its main purposes or main activities the facilitation or commission of one or more serious offences”
Serious crimes exact significant harm on victims & society”
drug trafficking
extortion
human trafficking
arms trafficking
violence
fraud over $5,000

20. Commercial (Criminal Activities)
Multiple Enterprises
Many OC groups carry out more than one type of revenue-generating criminal activity
Notable exception: Colombian cartels, which dealt almost exclusively on cocaine trafficking
Consensual & Predatory Crimes
Organized crimes include both consensual & predatory crimes
Many OC groups carry out both

21. Commercial (Criminal Activities)
Monopolistic Ambitions
Some criminal groups strive for hegemony over:
a particular geographic area (a metropolitan area or section of a city)
an illicit industry,"(e.g., drug trafficking, gambling, trucking, loan sharking),
a combination of both (e.g., the distribution of drugs in a province)
goal of business racketeering is to seek a monopoly over or at least dominate a particular industry

22. Commercial (Criminal Activities)
Operational Tactics that Support Criminal Activities
Corruption
Violence/intimidation
Money laundering
Intelligence-gathering
(Counter-)surveillance
The extent to which OC groups undertake (sophisticated) tactical support activities separates them from more rudimentary criminal offenders & conspiracies

23. Behavioural Chronic & Serious Offenders
Many offenders who are members of mafia-style criminal groups are career criminals
Source: RCMP personal contact

24. Behavioural Rationality
Rational Choice Theory: Offenders make rational choices in their decision to commit crimes
OC represents the most rational form of criminality, which, like legitimate businesses, responds to the most rational institution in capitalist societies: the law of supply & demand
Even violence is used rationally: to eliminate competition
OC has proven to be highly opportunistic in finding new ways to make money

25. Mafia-style OC groups comprises (& relishes) a deviant subculture
Behavioural
Subcultural Norms / Contempt for Civil Society
Instead of conforming to conventional societal norms, members of criminal organizations openly rebel against them
Mafia-style OC groups comprises (& relishes) a deviant subculture
Outlaw bikers: purposely separate themselves from the majority culture through their label "one percenter," which refers to "the one percent of us who has given up on society"
Anybody who follows commonly accepted rules & laws are saps & deserve to be victimized

26. Behavioural Sophistication
Some criminal groups & organized crimes have become quite sophisticated
e.g., use of technology, tactical support activities, size of operations, etc.
Level of sophistication separates
organized from unorganized crimes
larger, more transnational groups, from smaller localized gangs
In Canada, “only a small number of organized crime groups are capable of operating elaborate criminal operations.” (CISC, 2007, 14)

27. Non-ideological Behavioural
OC groups are not motivated by social doctrine, political ideologies, or religious dogma
Primary motivation: money
Secondary motivation: power, influence, & ability to beat the system
This distinguishes OC groups from political extremist (terrorist) groups

28. Behavioural Rules, Regulations, & Codes of Conduct
One defining trait of mafia-style OC groups is they have a set of rules & regulations that members are expected to follow
Rules are a control mechanism that regulates relationships within the group & between the group & the outside world
Control systems begin with values that define what is good & what is bad, what is expected in behaviour & what is condemned
Other rules & codes have evolved to protect the criminal organization: two most important codes are secrecy & loyalty (to the organization)

29. Behavioural Discipline
In order to ensure rules & regulations are obeyed, many OC groups have strict forms of discipline, which is based on loyalty, the code of honour, & the fear of reprisal (death).
Because OC groups do not have recourse to the law or courts they operate their own system of civil & criminal justice
Source: personal files (original provided by Coordinated Law Enforcement Unit of B.S.