On ‘Organized Crime’ in the illicit antiquities trade: moving beyond the definitional debate

The extent to which ‘organized crime’ is involved in illicit antiquities trafficking is unknown and frequently debated. This paper explores the significance and scale of the illicit antiquities trade as a unique transnational criminal phenomenon that is often said to be perpetrated by and exhibit traits of so-called ‘organized crime.’ The definitional debate behind the term ‘organized crime’ is considered as a potential problem impeding our understanding of its existence or extent in illicit antiquities trafficking, and a basic progression-based model is then suggested as a new tool to move beyond the definitional debate for future research that may help to elucidate the actors, processes and criminal dynamics taking place within the illicit antiquities trade from source to market. The paper concludes that researchers should focus not on the question of whether organized criminals- particularly in a traditionally conceived, mafia-type stereotypical sense- are involved in the illicit antiquities trade, but instead on the structure and progression of antiquities trafficking itself that embody both organized and criminal dynamics.     

Organized criminal involvement in the illicit antiquities trade

From the ”glocal” perspective of a large sample of archaeologists conducting fieldwork throughout the world and working on the very sites of interest to looters, this paper explores the question whether and to what extent organized crime is involved in the theft and illicit export of archaeological resources. Two major findings are presented: first, archaeologists tend almost unanimously to consider that organized crime operates within the ‘global’ antiquities market, but when asked about their own personal experiences with looting on the sites where they work, many fewer report observations of organized crime; second, however, it is apparent that respondents’ conceptions of “organized crime” involve media-driven, stereotypical representations of mafia-style structures. Therefore, although in their reporting of observed local activities they do not provide substantial survey evidence of the presence of organized crime so defined, they do report appreciable “organization” among those who have looted their sites—which, again, they have almost unanimously experienced. This paper considers the implications of such findings for both the definitional debate on organized crime and the academic analysis of the trade in looted antiquities.     

Supply and demand: exposing the illicit trade in Cambodian antiquities through a study of Sotheby’s auction house

Looters are reducing countless ancient sites to rubble in their search for buried treasures to sell on the international market. The trafficking of these and other stolen cultural objects has developed into a criminal industry that spans the globe. For numerous reasons, the small Southeast Asian nation of Cambodia presents an opportunity to ground this illicit trade in reality. This paper supplements previous studies that have detailed the pillaging of the country’s archaeological sites, and aims to better comprehend the trafficking of its artifacts, through an investigation of their final destination: the international art market. Of course, the global market for Cambodian art is wide, but Sotheby’s Auction House provides an excellent sample. For over 20 years, its Department of Indian and Southeast Asian Art in New York City has held regular sales of Cambodian antiquities, which have been well published in print catalogues and on the web. These records indicate that Sotheby’s has placed 377 Khmer pieces on the block since 1988—when those auctions began—and 2010. An analysis of these sales presents two major findings. Seventy-one percent of the antiquities had no published provenance, or ownership history, meaning they could not be traced to previous collections, exhibitions, sales, or publications. Most of the provenances were weak, such as anonymous private collections, or even prior Sotheby’s sales. None established that any of the artifacts had entered the market legally, that is, that they initially came from archaeological excavations, colonial collections, or the Cambodian state and its institutions. While these statistics are alarming, in and of themselves, fluctuations in the sale of the unprovenanced pieces can also be linked to events that would affect the number of looted antiquities exiting Cambodia and entering the United States. This correlation suggests an illegal origin for much of the Khmer material put on the auction block by Sotheby’s.     

Illicit deals in cultural objects as crimes of the powerful

Research with dealers at the market end of the global chain of supply of cultural objects leads to the suggestion that the analytical framework associated with the concept of ‘crimes of the powerful’ can be useful in helping us to understand the role of dealers in driving the market, and in focussing our attention on the difficulties of engaging with the illicit trade through a conventional criminal justice approach. This paper explores the nature of the power that is associated with high-level antiquities dealers, and considers its regulatory implications.     

Vandalizing Meaning,Stealing Memory: Artistic,Cultural, and Theoretical Implications of Crime in Galleries and Museums

This paper discusses two different types of crime that occur in art museums: the theft of art objects and the vandalism of works of art. This paper explores the extent to which theft may affect our memory of a given work of art (regardless of whether the object is ultimately recovered), as well as our experience of the museum (especially if efforts are subsequently undertaken to improve security, such as with the Munch Museum following the theft of the Scream). With respect to vandalism, this paper considers whether and how such acts subsequently affect the value we place on the assaulted items as cultural icons and the meaning of the paintings as art objects. This paper argues that how we regard such events should be determined not by their criminality, but by the individual’s or individuals’ intent and the effect of the acts on the meaning and memory of the works.     

Penal ideology, sentencing and the legitimacy of trial justice

The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’ in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial justice.     

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.     

Transnational organized crime and gun violence. A case for firearm forensic intelligence sharing

A threat to the safety of citizens in any country, the criminal misuse of firearms presents a wider danger to a nation's security, peace, stability and development. Firearms and their related evidence know no borders. It is not uncommon to find the murder weapon from a shooting in one city ending up in another city, country, or continent. No country remains unaffected by firearm violence. This paper describes how transnational organized crime and gun violence are interrelated, and makes the case for the international sharing of firearm forensic intelligence through Interpol's IBIN Program as an integral component of an intelligence-led policing strategy to combat cross-border gun related crime. With such a strategy in place, internationally mobile criminals who use firearms to further their illicit activities can no longer escape detection.     

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.     

Inclusive National Governance and Trafficked Women in Australia: Otherness and Local Demand

Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents. They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory. As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding the fact the she was imported because there is a demand within the territory.     

Re-visiting Mr. Nice. On organized crime as conversational interaction

Studies of organized crime often seem to have focus almost exclusively on its functionality and rationality. Many researchers tend to construct organized crime as an object, and then to find relations between ‘it’ and its environment. The focus then is on organized crime as a goal-driven object. This view holds that success in crime depends on the roles and tasks people assume. It equates success in crime with functional secrecy and obedience, and therefore with stability. Researchers are seldom interested in everyday, informal elements and events such as coincidental encounters that may occur in everyday life, or personal relationships which have no direct connection with criminal activities. Inspired by the work of Watts and Strogatz [84] and Stuart Kauffman [38, 39], this paper attempts to suggest a complementary perspective on organized crime. The focus here is on the messiness and unpredictability of everyday relations and interactions. This paper illustrates the usefulness of this alternative perspective through a re-reading of Howard Marks’ ego-document which was analysed earlier by Carlo Morselli in his work on network dynamics and criminal career opportunities.     

When is Negligent Inadvertence Culpable?

Doug Husak suggests that sometimes an actor should be deemed reckless, and not merely negligent, with respect to the risks that she knowingly created but has forgotten at the moment of action. The validity of this conclusion, he points out, depends crucially on what it means to be aware of a risk. Husak’s “neutral prompt” and “counterfactual actual belief” criteria are problematic, however. More persuasive is his suggestion that we understand belief, in this moral and criminal law context, as a concept whose meaning is determined by its function as a culpability standard. Husak concludes that inadvertent actors are often less culpable than knowing-but-later-forgetful actors; this is plausible, but there are also numerous counterexamples.     

Punishing Disloyalty? Treason,Espionage, and the Transgression of Political Boundaries

This Article examines the idea of betraying or being disloyal to one’s own country as a matter of criminal law. First, the Article defines crimes of disloyalty as involving failures to prioritize one’s own country’s interests through participating in efforts to directly undermine core institutional resources the country requires to protect itself or otherwise advance its interests by force. Second, this Article canvasses various potential arguments for the existence of a duty not to be disloyal to one’s own country and argues that they fail. Finally, this Article argues that we should interpret the wrong of disloyalty crimes as involving not betrayal or infidelity, but transgression of political boundaries. That is, the relevant wrong here is rooted in the ideas of separation of powers and assignments of roles between citizens and the state, and we should thus conceive crimes of disloyalty as crimes of usurpation and evaluate the moral rights and wrongs of such crimes accordingly.     

“Organized crime” and “organized crime”: Indeterminate problems of definition

Despite decades of effort, the search for a universal definition of organized crime has eluded both academics, criminal justice agencies, as well as international bodies. More than two decades ago, a content analysis of such definitional efforts by this writer (Hagan, 1983) noted that, while many writers, including those of textbooks, failed to supply explicit definitions of organized crime, some consensus was apparent. These earlier findings are explored and compared with updated content analyses of American criminology and criminal justice textbooks and organized crime textbooks. Also discussed are definitions offered by criminal justice agencies and those by international organizations. A distinction is made between “Organized Crime” groups and “organized crime,” activities by groups that are organized. This paper was presented at the Academy of Criminal Justice Sciences, Baltimore, Maryland, March 2006.     

Art crime: a brief introduction

Art crime refers to criminally punishable acts involving works of art and includes a spectrum of phenomena as diverse as art thefts and confiscations, faked and forged art, vandalism, and illicit excavation and export of antiquities and other archaeological materials. This paper provides a cursory introduction to a variety of art crimes, and discusses the consequences of such crimes.     

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.     

Conditions for Guilt-Free Consumption in a Transnational Criminal Market

It has been widely opined in discussions around a number of transnational criminal markets that where a global economic supply and demand relationship exists, demand reduction by way of consumer education and ‘awareness-raising’ may be an effective intervention in reducing illicit trade. It seems an obvious and sensible suggestion on the face of it, but just how amenable are consumers to being educated away from purchasing illicitly obtained and trafficked goods, and what are the barriers that stand in the way of that process of demand reduction through awareness-raising? This paper approaches these questions by asking what are the conditions for guilt-free consumption in the international trade in illicit cultural objects. The paper identifies seven such conditions, and concludes that in this global market we are witnessing the playing out of a common social story in which a powerful group of market capitalists and end-consumers employs a range of sociologically developed linguistic and performative strategies to obfuscate or legitimise their exploitation of a group of less powerful victims. If that is the context for the so-called debate about illicit antiquities, crime-reduction strategies involving consumer education seem considerably more difficult to achieve than has been widely recognised in policy discussions on transnational crime.     

A Human Right not to be Punished? Punishment as Derogation of Rights

In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization. By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of an individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law.     

Human security,transnational crime and human trafficking – Asian and western perspectives,edited by Shiro Okubo and Louise Shelley

Chile began its re-democratisation process in 1990 with a profound lack of counter- money laundering standards. Over time, the nascent political order was compelled to build institutions and generate norms in light of the security principles promoted by foreign actors. However, Chile’s reluctance, for instance, to not create a financial intelligence unit (FIU) until 2003, put the country in a particular stance for assessing criminal proceedings. This article reviews the construction of Chile’s governance of money laundering and focuses specifically on the role played by the Unidad de Análisis Financiero (UAF, Chile’s FIU) in maximising inter-institutional governing relations. The paper reviews three periods of time: the institutionalisation era (1990–2002), the UAF’s formative years (2003–2008) and the policy-building phase (2009–2014). The research concludes by exploring how Chile’s case adds to our qualitative knowledge on democratic network governance.