organized crime final
triad societies
"secret societies" formed by Shaolin monks in the 17th century- intended to "protect the people" against and overthrow the Chinese dynasty --established rules, control, brotherhood, loyalty, and righteousness
What is RICO?
-most powerful piece of legislation that congress has passed to address OC -to prove a pattern of racketeering conducted through an organization or enterprise and to merge criminal and civil penalties
What appears to be the main purpose of the illegal movement of people in Europe?
alien smuggling
What type of crime, other than organized crime, was RICO designed to address?
White collar crime and other forms of similar criminal behavior
Know the significance of the two terms "severance" and "joinder" in criminal prosecutions.
severance: -crime has one criminal joinder: -collectively responsible for crimes -charge defendants as groups
What is Thailand most noted for in terms of organized crime?
sex industry
What "level of evidence" is necessary for the state to seize assets it deems to be obtained through illegal activities?
preponderance of evidence
What is the government corruption trend in China?
problems have become increasingly severe (main stream issue)
Why have Chinese Triads taken over human trafficking to accompany their drug trafficking activities?
promises multibillion dollar profits without the same severe penalties if caught
human trafficking organizations range from...to....
range from local to multi-naitonal networks -estimates ranges from 100,000-300,000 child victims in US alone, with 2.5 million globally (U.N.)- 80% are sex slaves
Human Smuggling
refers to illegally crossing borders -Consent plays larger role (want to be smuggled) -Western Europe and US are prime smuggling destinations -tighter border controls have shifted more influence to organized crime groups ----major players include: Chinese Snakeheads and Mexican Coyotes -profit through transportation fees and/or labor exploitation
What best describes the origin and type of people smuggling to Australia?
refugees from the middle east (associated with sex trafficking)
Which international organized crime group was instrumental in developing transnational organized crime in Israel?
russian mafiya
"Red" Mafia
- "Mafiya" has come to mean the mix of criminal groups, corrupt politicians, and corrupt business leaders, including the vory -government corruption is the norm --nomenklatura- party of officials who transitioned to new market economy ----helped take over former state enterprises and banks --inability to enact significant anti-crime legislation ----politburo members often de facto organized crime representatives so legislation is limited -business corruption extensive --estimates are as high as 40-50%
about human trafficking
- Sex exploitation or trafficking is a growing OC activity and estimated as 3rd largest in the world ----not the same as sex work - Southeastern Europe is major recruitment-through-deception area due to low pay and poor employment prospects - Victims are provided legal documentation, which is then held by force while "debt" is paid off, typically through prostitution - "mail-order brides" a significant recruitment deception as well
Information Coordinating Agencies: Quasi-governmental agencies
-El Paso Intelligence Center (EPIC) -Narcotics and Dangerous Drugs Information System (NADDIS) -Regional Drug Intelligence Squads (RDIS) -Financial Crimes Enforcement Network (Fin Cen) --regional organized crime information center (ROCIC) in Nashville TN- 1 of 6 centers -National Gang Intelligence Center
Japanese Yakuza most connected with 3 groups
-Yamaguchi-Gumi -Sumiyoshi-Kai -Inagawa-Kai
structure of the Vory
-basis for organization is Economic, not familial -limited membership --males only and marriage is sign of weakness --elaborate tattoos reveal membership and position in organization -military style discipline with strict rules -- 18 rules (violation=death) -rise of market economy forced adaptation and flexibility --"new vory" less traditional and more economically driven
What does Feingold argue will happen to human trafficking if international borders are tightened?
-believes it will increase trafficking by forcing many desperate people to turn to smugglers -also will make women more vulnerable
Chinese Street gangs
-conflicts between tong groups, between triads groups, and between gangs left a wake of violence in chinese communities -most chinese street gangs lack professionalism and sophistication of triads and tongs -gangs are capable of corrupting government officials and police -chinese organized crime is involved in illegal arms and deals weapons to gangs
Structure of Russian Mafiya
-decentralized structure -made up of approx 10 largely autonomous groups or brigades -resources are pooled and overseen by a council of 12 men -estimated membership of about 9000 -estimated annual revenue of $8.5 billion ---- 1 of 5 most powerful groups, along with Camorra, Ndrangheta, Sinaloa Cartel, and Yamaguchi (yazuka)
Organized crime in Eastern Europe
-densely populated continent with many sovereign countries -large range of languages, cultures, and traditions with lengthy history of wars and conflicts b/w nations/people -significant access to large bodies of water: Atlantic ocean, Baltic Sea, Mediterranean Sea, Black Sea, Caspian Sea
Russian Mafiya's similarities to other o.c. groups
-drug trafficking- major heroin connections -extortion/protection of both legit and illegitimate organizations -money laundering
the vory
-during soviet era, organized crime stayed out of sight -Vory v Zakone - criminal underworld --thieves-in-law or thieves with honor --developed in prisons, likely during Czarist Russia, but really grew under soviet totalitarianism (importance of shared economic deprivation, ethnicity, culture, and language) --strict code of non-collaboration with government
What is Feingold's evidence for believing that most victims of human trafficking are not trafficked into the sex industry?
-evidence can be found in field studies of trafficking victims across the world and in the simple fact that worldwide market for labor is far greater than that for sex. -they said that less than half of all trafficking victims are part of the sex trade
What are "net worth" cases and what part does the IRS play in efforts to control organized crime?
-internal revenue code -IRS figures out if they are laundering money and if there assets are fake
Italian OC: Sacra Corona Unita
-most well known of other mafia groups --loose unification of local criminal groups from 1980s formed in prisons --connections with Balkans- Albania, but little activity outside of Italy -engaged in smuggling (weapons), drugs, cigarettes, some prostitution (human trafficking) -least traditional of mafia groups
identity theft
-one of the fastest growing forms of crime in the US -often used by O.C. syndicated to support drug trafficking
Italian OC: Sicilian Mafia - Costa Nostra
-one of the oldest, largest, and most violent -centered in Palermo, Sicily -pre-WWII Mussolini crackdown drove many underground or to the U.S. -established major international heroin trafficking network in 1970s- picked up pieces from french connection --Corleone crime family --Donnie Brascoe
Tongs organization
-organized a lot like political action groups that represent their constituents -significant involvement in legitimate businesses -Top position is Dai Dai Lo (leader) -connected to Chinese/Asian street gangs to provide security for their gambling operations, although they do not have direct control of gangs -Tongs are powerful and influential within Chinese American communities bc of legal and illegal services
triad organizational structure
-organized as fairly loose associations -triad societies tend to follow a general hierarchy of position designated by numbers (usually divisible by 3) ---leader is called "mountain master" (Jan Chu)- 489th (aka dragon heads) ---other members have positions based on division of labor specialities (priest, accountant, recruitment, punishment) -membership requires sponsorship from "big brother" --initiation rituals designed to instill loyalty and commitment
Italian OC: (Neopolitan) Camorra
-organized as specifically criminal society --centered in Naples, Campania --started in 1600s prison -Camorra gangs less unified than Cosa Nostra --recent increase in inter-group violence (using teenage hitmen) -increased role of women in leadership due to death and enforcement -interpol identifies as one of the top 5 criminal organizations in the world
concept of conspiracy
-outlaw agreements to commit crime by two or more people -organized crime groups are by definition engaged in conspiratorial crime
Racketeer Influenced and Corrupt Organizations Statute (RICO)
-part of the Organized Crime Control Act (1970) -written by Robert Blakey
Continuing Criminal Enterprise (CCE)
-passed in 1970 as part of the Drug Prevention and Control Act -directed at any person who organizes, supervises, or manages a narcotic producing and distributing enterprise -all profits and proceeds are subject to forfeiture
Although relatively small in population and somewhat limited in terms of criminal activity, what makes the Oceania region (PIC's) appealing to organized crime groups?
-small populations and developing economies -varying quality of governance and possible corruption "arc of instability"
focus of smuggling and human trafficking
-smuggling: the illegal entry across international borders -human trafficking: violation of individual rights through exploitation and violence
Sporting events and sex trafficking- is it a myth?
-statistically unlikely to pull together sex trafficked women for temporary event (not clearly profitable) -interest groups agitate, but law enforcement finds little or no evidence
Italian OC: 'Ndrangheta
-the "honored society" based in Calabria region --omerta is key characteristic --numerous groups/families with less hierarchy --the "provincia" is a coordinating body -rural/cultural roots --anti-government orientation --use violence/threats to keep government away
Loansharking is also called what
-the juice racket -Shylocking
What is the relationship between prosecutions and human trafficking?
-there is little evidence that prosecutions have any significant impact on aggregate levels of trafficking -given the nature of trafficking business, so few convictions will have little effect
What is Feingold's take on the involvement of large organized crime groups in human trafficking, especially in Asia?
-trafficking involves mostly "disorganized crime": individuals or small groups linked on an ad hoc basis -he says that traffickers are as varied as the circumstances of their victims. -trafficking kingpins are rare -Japanese Yakuza do control many of the venues that girls are trafficked to but they are more likely to purchase people than transport them
what important roles did triad societies play in several rebellions
-triad societies solidified during Japanese occupation as underworld- worked both with and against occupying Japanese army -fought against communism during Boxer rebellion -Chinese liberation after the communist revolution caused many triad leaders to flee to Hong Kong, Macau, Taiwan, and Chinatowns
ideological basis and organization of Yakuza
-ultra nationalism and nativism -conservative in politics and foreign policy -aggressively anti-communist importance of honor -view themselves as "modern Samurai" organized like families with various roles -Kaicho (boss or father)- posses absolute authority -Wakato (deputy of captain -Wakai-shu (son or solider)- most others in the organization
major pieces of legislation designed to combat organized crime groups and/or activities
1) Anti-Racketeering Act (1934)- primary focus on limiting labor racketeering and extortion and affecting interstate commerce- replaced by Hobbs Act in 1946 2) Internal Revenue Code (1939)- Net Worth investigations 3) Omnibus Crime Control and Safety Act (1968)- electronic surveillance 4) Consumer Credit Protection Act (1968) 5) Organized Crime Control Act (1970)- RICO and WITSEC 6) Comprehensive Drug Abuse Prevention Act (1970)- continuing criminal enterprise (CCE) 7) Comprehensive Crime Control Act (1984) 8) Money Laundering control act (1986) 9) anti-drug abuse act (1986) 10) chemical and diversion and trafficking act (1988) 11) foreign narcotics kingpin designation act (1999) 12) human trafficking act (2000)- mann act (aka white slavery act) 13) patriot act (2001)
2 major events affecting organized crime in Russia (or eastern europe)
1) Bloshevik Revolution (1917) -formation of society union- a communist dominated, totalitarian coalition -totalitarian government provided foundation for a "beat the system" underworld and mentality 2) Collapse of "iron curtain" (1991) -transitions to market economy resulted in: --lots of poverty and unemployment --low paid or unemployed military and ex-military
4 key cultural ideas of Italian Feudalism
1) Gabelloti - "men of respect" or property managers for large estates - the lion (strongman) and the fox (cunning) - he is the mediator, but dominates as well 2) omerta - non-cooperation with authority 3) vendetta- an eye for an eye 4) famiglia - (cosca) or friendship four major groups that all engage in things like extortion, kidnapping, smuggling, trafficking, etc
Types of Loansharking (aka "Shylocking")
1) Salary lending -early form (ex: check cashing) 2) Vigorish (the vig) -"six for five" loans/ "knockdown" loans (high interest rates)
Human trafficking and smuggling: 2 important legislative acts
1) Trafficking Victims Protection Act (2000) -prevention, protection, and prosecution with international focus 2) Intelligence Reform and Terrorism Prevention Act (2004) -established the Human Smuggling and Trafficking Center
Mob Loans
1) access to substantial amounts of cash 2) extending loans at exorbitant rates (usury) 3) willingness to use violence
triad represents a triangle of what 3 natural powers
1) earth 2) heaven 3) man
Loansharking: 3 levels of organization
1) financer= initial investors 2) middle men (run the loans for financer) 3) lenders
Human trafficking definition
1) movement of a person 2) through deception or coercion 3) into a situation of forced labor or servitude
RICO overview
1) the thrust of RICO is to establish a pattern of "racketeering" (crimes) conducted through a organization or enterprise -*pattern defined as 2 or more criminal acts within 10 years --first offense called the "predicate" offense -*enterprise- any business, labor union, association, or agency that could be infiltrated and used for illicit purposes -allows for single prosecution of multi-defendant group 2) RICO merges criminal with civil penalties -asset forfeiture laws --criminal forfeiture requires criminal conviction --civil forfeiture allows seizing of property gained or used as part of criminal act- property is "prosecuted" --level of evidence is only preponderance of the evidence, NOT beyond reasonable doubt
organized crime involvement in gambling takes 3 forms
1)numbers/policy/bolio gambling -lotteries illegal until 1970s -source of social contract and community connection 2) bookmaking -"bookie" street tax and "the fix" (ex: tennis scandal) -sports betting is king 3) Casinos -New York, Havana (under Batista), Las Vegas, Atlantic city -still significant presence in video poker Legalization has harmed the illegal gambling operations
Constitutional Amendments that matter (in regards to judicial restraints on enforcement)
1. 4th amendement -protection against illegal search and seizure (exclusionary rule) 2. 5th amendment -right to remain silent -right to due process (habeas corpus) 3. 6th amendment -speedy and public trial -right to counsel
Roles of Grand Juries
1. Accusatory Jury -reactive jury that is convened for specific cases/times -determines whether sufficient evidence exists to prosecute (indict) -can hear all evidence, even that which is inadmissible at trial -can act as buffer between individual and state 2. Investigative Jury -proactive jury that is convened for specific time -subjects may not know they are being investigated
What are the two forms of organized crime in China and how are they different from one another?
1. Triads 2. syndicates/street gangs different: -syndicates are more localized or cross border crimes -traids are more black market, drug trafficking, smuggling and extortion
who is included as a "narcotic producing and distributing enterprise" as defined by CCE
1. a person who violates any federal drug offense law 2. violation is part of a continuing series of violations 3. person operates in concert with five or more persons and is the organizer, supervisor, or manager 4. receives substantial income or resources from violation
2 enforcement strategies
1. reactive law enforcement 2. proactive law enforcement
What were the origins of organized crime groups in South Korea?
1800 population swelled and concentrated in urban areas, unemployed young men banded together, Keondal (scamps)
What are the requirements for a pattern of racketeering activity under RICO?
2 or more criminal acts in 10 years
modern triads
4 countries with major presence -50+ societies believed to exist primarily in Hong Kong, Taiwan, Singapore, and Macau significant triads include -Wo Hop To -Wo Shing Wo -Sun Yee On -14k
Key characteristics of Yakuza
Ceremony/ritual driven (Myths and Truths) -extensive body tattoos to demonstrate commitment and self-discipline in the past, but have fallen out of favor more recently extreme organizational loyalty is demanded of all members -disobedience/failure results in sanctions that may include 1) lynching- serious offenses 2) Yubitsume: amputation of fingers- "dead finger" to pay debt, "living finger" for friend- rarely occurs any longer membership included recruits from martial arts clubs, boxing clubs, and misguided youth
Who controls most of the organized criminal activities in Cambodia?
Chinese and Myanmarese OC groups
What is RICO's two-track approach to "enterprise criminality?"
Criminal and Civil approach
Reactive law enforcement
Criminal investigations -respond to reported crime -open case files -cases closed when completed
enforcement restraints: Jurisdiction limitations
Deliberate Compartmentalization -american law enforcement consists of: --20+ federal level agencies (many with overlapping jurisdictions); 50 state level agencies; 3,141 county level agencies; more than 20,000 municipal agencies -a total of more than 23,000 agencies International Coordination -what happens when politics and enforcement collide?
What major historical event has fostered organized crime groups and activities in the Middle East?
Egypt: -fall of the Hosni Mubarak government Israel: -influx of russian jews with connections to the russian mafia bro idk couldn't find (pg 129)
activities of Yakuza cont..
Gambling: -long tradition that is still a source of revenue (Majong, Bakuto) -horse racing, bicycle racing, sports betting, loan sharking, booking all offer steady revenue Narcotics trafficking: -biggest revenue source and primary traffickers in Japan (closed society) -network with other groups as producers Female sex trafficking, prostitution, and pornography -women largely from Asia, South America, and Eastern Europe are imported, willingly or by deceit -not illegal to produce but illegal to market/distribute for profit Weapons and smuggling -american made firearms and ammunition are ten times more valuable in Japan than in the US - Alliances with Russians based on drug and weapons markets Money Laundering -made easier by ownership pf legitimate businesses -construction connections
Proactive law enforcement
Intelligence investigations -ongoing information collection -closed case files -undercover operations
whats the big question regarding Human trafficking and smuggling
Is it coerced/deceptive or consensual?
In terms of trafficking of illegal goods in global crimes, what is Europe primarily seen as?
Major consumer market
where and where did the term Mafia originate
Sicily (italy) in 1800s -grew out of Italian feudalism
What effect did the assassination of John F. Kennedy have on anti-organized crime work in the Justice Department?
The department changed for the worse -Robert Kennedy left the Department and the impetus went out of those who worked in the Section -membership dropped sharply
What types of items are trafficked from East to West in Europe and from West to East?
West -> East = motor vehicles East -> West = human trafficking of women for sexual exploitation and cigarettes
Meaning of Yakuza
Ya-Ku-Za (8,9,3) is term taken from gambling that translates as "good-for-nothing" or "loser" -background of landless, poor misfits who were characterized as delinquents or worthless and violent
activities and methods of Yakuza
Yakuza began as protection from government or landowners landowners and was later corrupted with greed and power 3 primary activities: -ties to politicians -legitimate business operation -public assistance in times of need continued on next card..
Japanese Yakuza
Yakuza is a general term for Japans confederation of organized crime groups -estimated 3,000 groups with memberships at more than 90,000 members Yakuza clans own appox. $85 billion in assets primarily known for corporate extortion, gambling, trafficking guns, trafficking in women for Japanese prostitution, and drugs (purchased through Chinese Triad and Tong sources) considered a "shadow government" of Japan
History of Yakuza
Yakuza-like clans or groups are believed to have originated during 17th century from merger of several groups -gamblers, street peddlers or merchants, and common criminals
Russian Mafiya in the U.S.
began immigrating into the U.S. in the late 1970s and 80s --settled largely in NYC- Brooklyn, Brighten Beach Russian Mafiya in U.S. refers to any Eurasian orgs. --former soviet emigres well-suited for illegal activities in U.S. bc of their history in Eastern Europe major U.S. activities are extortion, money laundering, and *fraud/insurance scams
What are the two most common drugs used in Australia?
cannabis and MDMA
illegal entrepreneurial
chains of individual offenders, partnerships, and small clusters of criminals linked up by more or less temporary cooperative arrangements (drug/human trafficking and alien smuggling)
not underlying associations
close bonds aren't always needed, weak social ties to contacts establish legit business relation are enough for criminal cooperation
Which organized crime group(s) figure prominently in Australia and New Zealand?
outlaw motorcycle gangs -rebels, finks, and hells angels
triad activities
drug and human (immigrant) trafficking and smuggling --U.S. estimated about 100,000 people annually more recent involvement in legitimate business due to emergent capitalism in china --nightclubs, restaurants, and movie industry (extortion for those not owned)
underlying associational structures
facilitate both the creation and maintenance of entrepreneurial structures by providing a basis of trust and the close social ties span geographically (illegal entrepreneurial embedded in these)
Chinese Tong
first appear in U.S. in mid-1800s on US West Coastline -immigrant labor force (RR, gold mines, etc) groups formed as means of protection -significant xenophobic oppression --scapegoats for organized labor and victims of the 1882 Chinese Exclusion Act Tong= hall, lodge, or gathering place -some early members were Triad members and pushed some Tong groups toward criminality --established early gambling, prostitution, and extortion and opium trafficking- mostly within own population
How does RICO get around the problem of being limited to application to "membership-in-an-organization?"
focused on not joining a group, as the Smith Act did, but on participating in the organizations affairs through a pattern of criminal conduct
What is Hezbollah's connection to organized crime in Lebanon and why?
funding was dwindled due to strife and governments, so Hezbollah turned to OC for financial and weapons support -> funding their organization through drug trafficking and money laundering
what was one of the first activities requiring significant levels of organization
gambling
Professional Shoplifting Rings
growth in South/Central American "boosting" rings -harsher penalties for organized shoplifters -focus on items that are easily "fenced" -FBI estimates $30 billion lost annually
Who was John McClellan and what part did he play in the development of RICO?
he was a senator who was the crucial person in the development of the Organized Crime Control Act of 1970, including, RICO
Why are Australia and New Zealand appealing to organized crime groups in the Oceania region of the world?
high GDPS
Why is Hong Kong viewed as one of the least corrupt places in the world?
independent commission against corruption (ICAC), an independent body established to fight corruption
What did Australian states and territories do to lower the involvement of organized crime in prostitution there?
legalize it
historical perspective of OC in russia
massive human rights abuses during the Soviet Era resulted in ethnic and social conflict that produced extreme violence and growth of organized crime groups
distinctive features of Russian Mafiya
smuggling and human trafficking --female sexual slavery --eastern european women in high demand black market for military weapons --U.S. has significant concern about access to nuclear arsenals public figure violence --assassinate crime fighters and investigative journalists
What is the name given to Chinese organized crime figures who facilitate illegal human migration activities?
snakeheads
For those who have their property seized, what must they do to get it back?
sue the courts (lengthy court process)
fencing
the buying and selling of stolen goods
trafficking vs smuggling
trafficking: -force, fraud, coercion and violence -trafficked persons are victims -victims enslaved, isolated, or documents confiscated -persons must be "working" in labor, services, and/or commercial sex acts smuggling: -cooperation from person -little or no coercion -smuggling persons are complicit, though they may become victims -persons free to leave/change jobs -illegal movement across international borders -persons in country illegally and attempting to enter illegally
what are triads?
triad is an english designation for loosely organized, independent gangs that are identified together through similar organization and ritual --concept of "guanxi" (network) with special reverence for ancestors and name associations all triads are NOT specifically criminal groups, but were established as patriotic groups
criminal justice and organized crime
typical justice system approach to crime is based on the concept of Severance* organized crime approach: joinder* (treating things as a collective) --charge defendants simultaneously or as a group
what is the evidence for the feared expansion of italian and russian mafia-like organizations to dominate all of europe?
unlikely to expand because of sociopolitical context or able to establish themselves in a new territory as long as there is a demand for criminal protection that isn't being met
