Organized contraband smuggling and its enforcement in Canada: An assessment of the anti-smuggling initiative

This article provides an overview of contemporary cigarette and liquor smuggling affecting Canada and summarizes the results of research that evaluates a Federal enforcement program in this country entitled the Anti-Smuggling Initiative (ASI). To combat the escalation and increased organization of cigarette smuggling, the Canadian Government provided special funding to federal enforcement and prosecution agencies beginning in 1994. The program evaluation concluded that there was a substantial decrease in the contraband tobacco market as a result of the ASI initiatives; however, evidence suggests that reductions in Canadian cigarette taxes made during the same period were the most powerful policy tool in influencing cigarette smuggling. While the ASI laid the foundation for success in dismantling some of the largest known tobacco and liquor smuggling operations in Canada, it does not appear to have had a strong deterrent effect on organized smuggling in general. Instead, the impact on smuggling groups can more accurately be characterized as one of displacement. Indeed, history shows that early successes in organized crime enforcement are often followed by diminishing returns as criminal groups become more adaptive and sophisticated. This research concludes that to most effectively address the smuggling of legal goods, enforcement must be supplemented with taxation policies that reduce the financial viability and attractiveness of this trade.     

From Triads to snakeheads: organised crime and illegal migration within Britain's Chinese community

This article revisits the continued existence of organised crime within the Chinese community, with particular reference to snakeheads and the trafficking or smuggling of illegal migrants. This article begins by exploring the history of Chinese organised crime within the United Kingdom and situates its continued existence within an ever more diverse ‘Chinese community’. It then draws on research involving three sets of qualitative data: one set is based on 60 interviews with law enforcement personnel based in China and the United Kingdom as well as key stakeholders within the Chinese community; the other set is based on structured questionnaires issued to 25 Chinese residents currently illegally residing in the United Kingdom; the final set is a review of the five free Chinese newspapers analysed over a 2-week period for relevant advertisements relating to migration. It then explores the mechanisms which enable illegal migrants to obtain criminal employment and discusses the motivations of those involved.     

Farmers,factories and funds: organised crime and illicit drugs cultivation within the British Vietnamese community

This article explores the growth of organised crime within the Vietnamese community with particular reference to the cultivation of cannabis, money laundering and the smuggling or trafficking of children. The article begins by exploring the history and diversity of the ‘Vietnamese community’ in the United Kingdom and the role of Vietnamese culture in shaping their criminal enterprises. It then draws on research involving two sets of qualitative data: one set is based on 45 interviews with law enforcement personnel based in Vietnam and the United Kingdom as well as with key stakeholders in the Vietnamese community; the other set is based on structured questionnaires issued to 34 Vietnamese residents in Britain, 24 of whom are here illegally. It examines the relationship between illegal immigration of Vietnamese citizens to Britain and the urban cultivation of cannabis, in what has become known as ‘cannabis factories’, and the laundering of the profits abroad to Vietnam. After exposing the logistics of Vietnamese illegal immigration into Britain, the article concludes that those involved in cannabis cultivation, money laundering and people smuggling are primarily motivated by profit rather than ‘lifestyle’ concerns, and operate within what theorists of organised crime refer to as the ‘mono-ethnic criminal network’.     

Trafficking in Nuclear Materials: Criminals and Terrorists

The essay examines the networks that facilitate the transport of nuclear materials from the source to their possible purchasers. Analyzing the role of prisons in criminal operations, the interaction of criminals and terrorists, and the character of new organized crime groups, the author concludes that some of the most serious nuclear smuggling is not random or opportunistic. Rather, the most serious trafficking is rarely detected because it is run by professionals whose well established smuggling networks, facilitated by corruption, have the capacity to move significant quantities of diverse contraband without apprehension. Technical solutions to address this problem are not sufficient because detectors cannot identify well guarded HEU. Rather, much more attention needs to be paid to the crime and terror networks that can facilitate this trade.     

The illegal trade in black caviar

The trade in caviar has a rich and colorful history, influenced over thousands of years by many cultures, societies and in the last decades by regulation. The value of caviar is historically discovered in the context of social change, political relationships and environmental change. The role of organized crime is described, as the scarcity of caviar has offered the unique opportunity to fish illegally, smuggle and trade contraband to mainly European countries with millions in profits. This study highlights that these criminal networks manifest themselves at all levels of the trade: from the poaching areas where organized criminal groups cooperate with law enforcers and possess top-notch equipment to major smuggling operations in the hands of sophisticated criminal networks. Although due to overexploitation ‘wild caviar’ is increasingly difficult to obtain, the demand in the context of exclusivity and scarcity remains intact by the upper class society desire for edible gold.     

The organizational structure of international drug smuggling

While most group offending is not well organized, it is generally assumed that high levels of organization can be found in group offending that generates revenue, such as white-collar crime, drug sales, and smuggling drugs or humans. The organizational structure of international drug smuggling has typically been viewed as highly rational and formally structured. Employing interviews with thirty-four federal prisoners convicted of smuggling large volumes of cocaine into the United States, this study explored the organizational structure of high level international drug smuggling. The subjects described a general lack of formal structure and depicted the drug smuggling operations as composed of isolated work groups without formal connections among each other. These findings bring into question the idea that these groups are rationally organized around pursuing efficiency and support recent research that suggests network security or minimizing risk are key organizing principles of drug trading organizations.     

Smoking Guns: European Cigarette Smuggling in the 1990’s

This article concerns European cigarette smuggling over the past decade and examines the actors, structures and relationships which facilitated the illicit trade. It discusses the central role played by actors not traditionally associated with organised crime, such as multi-national tobacco companies, Swiss banks and the state security agencies of various Balkan states. It demonstrates how domestic legislation in Switzerland and instability in the Balkans prevented national law enforcement agencies from effectively dealing with this international network at an earlier stage. The article also focuses on the history of local and national law enforcement investigations as well as the integrated multi-national investigation project later initiated by the EU and member states. The article's conclusions suggest that while smuggling actors have successfully adapted to the process of globalisation – financial and state deregulation – law enforcement agencies remain at a disadvantage as they are hampered by the domestic legislation in nation states such as Switzerland and the United States. While cigarette smuggling was and is a major illicit industry, it has not been the subject of much academic scrutiny. This article, based on field research in the Balkans and EU member states aims to contribute to a broader understanding of a problem involving a multiplicity of criminal actors, states and law enforcement agencies.     

Cigarette Smugglers: A Note on Four ‘Unusual Suspects’

The smuggling of contraband cigarettes is discussed in relation to numerous financial and social issues. Cigarette smugglers are often portrayed as ruthless and dangerous individuals, and according to official and media accounts a clear link has been established between cigarette smuggling and ‘criminal and terrorist organisations’. The aim of this article is to challenge this stereotypical image of the cigarette smugglers based on the presentation of the stories of four smugglers interviewed in Greece and the UK.     

走私犯罪侦查启动程序研究

当前在走私犯罪侦查启动过程中,存在着到案措施难以落实、搜查功能难以发挥、案件经营难以开展、技侦手段难以运用等难点。究其原因就在于我国包括缉私侦查在内的侦查工作采用的是程序启动型模式,同时由于走私犯罪和缉私工作本身所具有的特点,使得缉私侦查启动工作更易陷入困境。为适应打击走私犯罪的需要,应当将程序启动型转为随机启动型侦查模式,同时对相关的配套措施予以完善。     

Criminal groups and transnational illegal markets

In the study of organised crime, thetraditional view of criminal groups ascentrally controlled organisations has beenreplaced by the notion of criminalnetworks. However, little use has been madeof concepts and theories of social networksthat have developed in other socialsciences. This paper uses concepts fromsocial network theory to describe andtentatively explain differences in socialorganisation between criminal groups thatperform three types of transnationalillegal activities: smuggling andlarge-scale heroine trading, trafficking inwomen, and trading stolen cars. Groups thatoperate in the large-scale heroin markettend to be close-knit, cohesive andethnically homogenous. Groups active in thetrafficking of women have a chain structure, while those that operate in themarket for stolen cars are characterised bythree clusters of offenders in a chain.Both groups are less cohesive than criminalgroups in the large-scale heroin marketare. The differences in social organisationbetween the three types of illegalactivities appear to be related to thelegal and financial risks associated withthe crimes in question, and thereby to therequired level of trust betweencollaborating criminals.     

The Vodka Sea: Comparative History of Spirits Smuggling in the Baltic Sea

This paper examines the spirits smuggling in the Baltic Sea region in the inter-war period. On 1 June 1919 the Finnish Parliament passed the Prohibition Act forbidding the production, transportation, sale, and storage of alcohol which activated spirits smuggling to Finland. Large-scale spirits smuggling was arranged during Prohibition by criminal organizations through international networks. Mostly cheap German liquor was delivered to Nordic countries and to the United States. The representatives of organized crime in the Baltic Sea region became rich fast during Prohibition thanks to limits set by countries. Contemporary drug smuggling and spirits smuggling are comparable due to similar organizational structure and modus operandi.     

Smuggling of Migrants, Trafficking in Human Beings and Irregular Migration on a Comparative Perspective

Abstract:  The European Union aims to develop a European criminal justice to combat cross-border crimes of smuggling of migrants and trafficking in human beings. This article focuses its attention on European Community/European Union (EC/EU) law and on two Member States, Italy and the United Kingdom (UK). The findings show that there are diversities and ambiguities in the definition of irregular migration. On the contrary, the EU and Member States should concentrate their efforts on the two crimes of smuggling of migrants and trafficking in human beings rather than criminalising irregular migration.     

国际航空犯罪法人刑事责任及其国内立法转化研究

2010年《北京公约》和《北京议定书》首次规定了国际航空犯罪法人责任,法人责任以法人的高级管理人员代表法人实施劫持航空器等国际航空犯罪为要件,法人为此承担刑事、民事或行政责任。公约对法人犯罪及其责任的立法需要转化为国内法才能适用。世界各国国内法对法人犯罪及其责任的态度差别较大,英国、加拿大、法国等国刑法规定有航空犯罪的法人刑事责任,德国国内法规定有航空犯罪的法人行政责任,意大利刑法规定有航空犯罪的法人民事责任,我国仅在个别航空犯罪中规定有法人犯罪及其刑事责任。我国法人犯罪及其刑事责任的立法和理论具有较强的包容性,可在我国刑法中取消法人犯罪法定化限制,全面规定包括航空犯罪在内的法人犯罪及其刑事责任。     

WOMEN'S PARTICIPATION IN CHINESE TRANSNATIONAL HUMAN SMUGGLING: A GENDERED MARKET PERSPECTIVE*

Despite extensive sociological research on gender and organizations, criminologists have paid insufficient attention to how organizational context and market demands may shape the extent and nature of women's participation in illicit enterprises. This study uses an organizational framework to examine the case of Chinese human smuggling to the United States. Drawing from interviews with 129 human smugglers, we propose a gendered market perspective for understanding the place of women in the human smuggling enterprise. We argue that the limited place of violence and turf as organizing features of human smuggling, the importance of interpersonal networks in defining and facilitating smuggling operations, gender ideologies about work and caregiving, and the impact of safety as an overriding concern for clients combine to create a more meaningful niche for women in human smuggling operations than is found in other criminal endeavors. Our research suggests that organizational and market contexts are significant explanations for gender stratification in illicit enterprises.     

包庇毒品犯罪分子罪研究

包庇毒品犯罪分子罪是走私、贩卖、运输、制造毒品罪的下游犯罪，此类犯罪的存在客观上彰显了司法机关打击毒品犯罪的决心。自《关于禁毒的决定》始，国家就明确将此类行为从窝藏、包庇罪中划分出来，作为独立的罪名。虽然包庇毒品犯罪分子罪已经存在了近二十年，但其研究却不够系统，本丈详细介绍了包庇毒品犯罪分子罪的构成要件以外，并将之与其他类似罪名进行了比较。     

Snakeheads,mules, and protective umbrellas: a review of current research on Chinese organized crime

China’s red-hot economy in recent decades has not only brought the country unprecedented wealth and political prominence in the world but also created ample opportunities for criminal enterprises to flourish. A review of recently published literature reveals that two types of transnational criminal activities – human smuggling and drug trafficking – received a fair amount of empirical attention in the research community. Other crimes, however, although carrying equally significant cross-national implications, have received scant attention. Thanks to a handful of empirical studies in recent years, the notion that traditional Chinese crime syndicates dominated transnational criminal activities has largely been dispelled. Most of those involved in transnational crimes (at least in human smuggling and drug trafficking) were found to be otherwise ordinary individuals who exploit their social or familial networks to take advantage of emerging opportunities. The criminal underworld in China appears to be growing along two separate tracks, with transnational organized crimes operating on one track and locally based criminal organizations on the other. Both groups of criminal entities are not known to cross paths in any systemic way. Research on Chinese organized crime (either locally based or transnational) has remained rather limited. Future research needs to emphasize empirical strategies to explore these and other pressing transnational criminal activities, as well as to solidify recent findings.     

A behavioral model for Ukrainian organized crime groups

Ukrainian organized crime operates like any social group existing in relation to other institutions in society. The specifics of criminal group behavior in Ukraine are governed by strict norms and standards which have developed over many decades. The 'thieves idea,' promoting brotherhood and superiority among members of criminal groups, was cultivated by convicts and peasants as far back as pre-Soviet Ukraine. The infrastructure of these groups, their organization and leadership, and methods for criminal activities are all determined by customs and rules unique to Ukraine. Using statistical analysis, a case study of one organized criminal group, and collective interviews with various law enforcement officials, this study attempts to determine the prevalence of traditions and the nature of group dynamics in organized crime.     

The Russian Far East’s illegal timber trade: an organized crime?

Transnational environmental crime is a global problem encompassing not only criminal violations of the law, but harms against the environment and the people reliant upon it as a natural resource. Grounded in the green criminological theory of eco-global criminology, this paper explores the transnational environmental crime of the illegal timber trade in the Russian Far East unpicking the threats to ecological well-being and the global nature and impacts of this crime. In researching transnational environmental crime, it is crucial to uncover the distinct local and regional variations of the forces at play; for this paper that means analyzing the role of organized crime and corruption in Russia’s timber black market. This information was obtained by using the current literature and interviews with Russian and international experts in order to uncover the role of these actors in the harvesting, smuggling and selling of timber. From this exploration, a structure of the illegal timber trade in this region is proposed including at which points along the black market chain organized crime and/or corruption are involved. Additionally, from an eco-global criminological foundation this paper analyzes the consequences to Russia’s people, its environment and the global community if the illegal timber trade is to continue in its current state.     

Participatory Democracy and Criminal Justice

This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.     

WHITE COLLAR AND ECONOMIC CRIME: AN INTERNATIONAL PERSPECTIVE

In recent years increased attention has been paid by various international forums to the dangerous upsurge in internationally oriented white collar and economic criminality. At the same time, organs like the United Nations or the Council of Europe are attempting to effectively deal with economic crime occurring on national levels. The author traces the development of international efforts in the field by focusing on the relevant United Nations resolutions and agreements, as well as on documents adopted by the Council of Europe. It is demonstrated that the use of terminology which is not substantially different from theories of white collar crime developed on national levels, as well as indirect references to Sutherland's ideas, constitute the conceptual link between the international instruments dealing with white collar crime (including specific United Nations agreements and codes, and the work undertaken by the Council of Europe), and traditional, nationally-oriented theories. This similarity has far-reaching practical implications: except for purely international white collar crimes, many of which are of very recent origin, white collar crime theory can be applied in combating international crime occurring within national boundaries, the seriousness of which is evident from an examination of the relevant documents. The author advances a theory of international white collar crime and suggests that its increase necessitates the adoption of new theoretical horizons and new practical methods for dealing with this dangerous form of law-breaking which defies traditional notions of “crime” and “criminal”.