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.     

有组织犯罪刑罚之比较研究--兼论我国刑法关于有组织犯罪刑罚规定的完善

有组织犯罪目前已成为各国普遍关注的热点问题.本文通过对各国关于有组织犯罪刑罚的具体规定比较,建议我国刑法对有组织犯罪的刑罚规定从以下几方面予以完善:扩大财产刑的适用范围;增加规定其他附加刑;并且,对有组织犯罪的犯罪分子在刑罚执行过程中应予以一定的限制,以贯彻对有组织犯罪从严打击的刑事政策.     

On the concept of the “economic constitution” and the importance of Franz Böhm from the viewpoint of legal history

During its development, the concept of an economic constitution embraced varying elements. At the birth of the Federal Republic, these elements stood in sharp contrast to each other. After World War I Hugo Sinzheimer associated the concept with theGemeinwirtschaft (publicly controlled economy) as an expression of the organized economy of the Weimar Reichsverfassung. Franz Böhm deserves recognition for having cast the idea of competition into legal forms; thus he laid the foundation of our economic order and opened new horizons for the concept of economic constitution.     

Explaining organized crime in Europe: Are economists always right?

Over the last 35 years, the acclaimed American political economist, Thomas C. Schelling, has asserted his belief that organized crime is purely monopoly enterprise. His definition of the phenomenon remains highly influential and continues to form the basis of many definitions of organized crime today. This article outlines Schelling's economic definition of organized crime and then applies it to an analysis of the major organized crime groups operating in the states of the European Union. It concludes that a purely economic definition is inadequate to define organized crime in Europe in the twenty-first century and that, in order to understand the phenomenon fully, other variables need to be introduced and appreciated.     

Measuring the impact of law enforcement on organized crime

This article explores the possibility of measuring the impact of law enforcement on organized crime in a reliable and accountable manner, both in general terms and with a practical focus on the Canadian context. In considering measures to combat organized crime, a focus on process measurement has obscured the more substantial question of progress as regards the dependent variable itself: the bottom line of reducing the impact of organized criminal behaviour. While outcome measures are more challenging to identify than process measures, this fact alone does not minimize the need to demonstrate the connection between organized crime enforcement and its presumed outcomes to a greater degree of certainty. To date, this has not been realized to any significant degree, as revealed by a review of existing international approaches to measuring the impact of enforcement activity. The article argues that a multidisciplinary focus on community level indicators of crime, if initially less accessible than process measures of impact on organized crime groups, offers promise as a measurement of absolute and relative impact of state investment in enforcement.

Investigating and Prosecuting Large-scale Corruption: The Italian Experience

The author, who has been one of the leading prosecutors investigatingorganized crime (and in particular corruption crimes) in northernItaly, discusses the Italian experience concerning the use ofsuspects cooperating with prosecutors, the relevance for thefight against organized crimes of such criminal notions as ‘criminalassociation’, as well as the various investigating strategiesmore suited to combating organized crime. He concludes thatin Italy the cooperation of suspects based on the offer of lightpenalties or other quid pro quo measures has never been theonly means of collecting evidence, as prosecution must alsoavail itself of other evidence.     

Women,brokerage and transnational organized crime. Empirical results from the Dutch Organized Crime Monitor

This paper analyzes the role of women in various types of transnational organized crime and tests the ‘gendered markets’ hypothesis by Zhang et al. (Criminology 45(3):699–733 2007) for a wide cross-section of 150 cases from the Dutch Organized Crime Monitor. The main information sources for the Dutch Organized Crime Monitor are closed Dutch police investigations into criminal groups, often spanning a period of several years. Following four data sweeps, a wide cross-section of 150 cases was collected about various forms of organized crime (period 1994–2011): ‘traditional’ drug trafficking cases (cocaine, heroin, and cannabis), but also other—less frequently prioritized—phenomena such as synthetic drugs (production and export), human smuggling, human trafficking, and fraud and money laundering. The paper discusses several important theoretical perspectives from the organized crime literature: the gendered markets hypothesis; the social embeddedness of (transnational) organized crime: and the idea of brokerage. Furthermore, empirical data are presented on how often women play a (prominent) role in different types of criminal activities and which roles they play. These findings are related to the ‘gendered markets’ hypothesis and alternative explanations. Further qualitative analysis is presented on the transnational aspects which can be discerned in the studied cases: transnational marriage and transnational relationships; language and mediation; and migration and legal status. Finally, the main conclusions are discussed as well as their theoretical and empirical relevance.     

The potential for the growth of organized crime in Central and Eastern Europe

Conclusions There is a clear potential for growth in organized crime in Central and Eastern Europe. The criminal justice system in most countries in the region is undergoing a crisis in morale, resources and direction, sapping its possibility to respond effectively. One of the fears in Western Europe is that organized crime will begin to cross the borders from the East. So far, this appears to have occurred only on a small scale, primarily in connection with organized theft, drug-trafficking and the illegal sale of firearms. The slow pace of this development may be due to the lack of suitable international contacts, and to the fact that sufficient profits appear to be available in the domestic market. Furthermore, operating in the West has drawbacks and dangers: it is more expensive, there may be competition from local organized crime, and the police may be more efficient.The danger posed by organized crime in Central and Eastern Europe nonetheless remains, both to the countries themselves and to the West. This has already been recognized, as shown by the growing network of bilateral and multilateral agreements, as well as by the strengthening of informal contacts among the police. Many Western European countries are providing technical assistance to Central and Eastern Europe in the form of training, consultation and the exchange of information. Sadly, organized crime control even in the West has lagged behind organized crime; both East and West have a long way to go.Director of the Helsinki Institute for Crime Prevention and Control, affiliated with the United Nations (Heuni), Turunlinnantie 8, Helsinki, Finland. Parts of this article have previously appeared inCriminal Justice International (vol. 9, no. 2, 1993, pp. 11–18).     

Perception vs. Reality: The Relationship Between Organized Crime and Human Trafficking in Metropolitan Atlanta

Since the enactment of the Trafficking Victims Protection Act of 2000, there has been an increase in both media and scholarly discussions of human trafficking. Although most of these discussions have framed human trafficking as a crime committed primarily by organized crime groups, there has been very little empirical research examining the link between human trafficking and organized crime. In an effort to start to address this gap in the research, we conduct an exploratory study to determine if there is a link between human trafficking and organized crime in one of the Southeast’s human trafficking hubs – Atlanta, Georgia. We collected data on 24 federal human trafficking cases that were indicted in metropolitan Atlanta between 2000 and 2013. Then, we conducted a content analysis of the court documents for each federal human trafficking case and classified the relationship between organized crime and human trafficking using one of three categories: nonexistent, organized criminal network, organized criminal syndicate. For the majority of the human trafficking cases (n = 16), we found that there was no relationship between organized crime and human trafficking. For the cases that did show a relationship between organized crime and human trafficking, we found evidence of organized criminal networks in eight of the cases and evidence of an organized criminal syndicate in only one case.     

Was Ellen Wronged?

Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority is has depends on how well it adheres to the demands of morality inasmuch as morality is the only authority we have. Thus if morality says that money laundering should not be a crime then the state wrongs Ellen when it punishes her. But if the criminal law as such does have authority, and if in the exercise of its authority the state has decided to make money laundering a crime, then the state does Ellen no wrong when it punishes her.     

The DNA field experiment: a randomized trial of the cost-effectiveness of using DNA to solve property crimes

We report the results of a prospective, randomized study of the impact and cost-effectiveness of DNA evidence in investigating property crimes, mainly residential burglary. Biological evidence was collected at up to 500 crime scenes in five U.S. cities between 2005 and 2007, and cases were randomly assigned to the treatment and control groups in equal numbers. DNA processing was added to traditional investigation in the treatment group. A suspect was identified in 31% of treatment cases and 13% of control cases. A suspect was arrested in 22% of treatment cases and 10% of control cases. Across the five sites, each additional arrest—an arrest that would not have occurred without DNA processing—cost slightly more than US14,000. In the most cost-effective sites, an additional arrest cost less than US14,000. In the most cost-effective sites, an additional arrest cost less than US4,000. Expanding the use of DNA as an investigative tool has profound implications. Since DNA-led investigations are more costly than business-as-usual, substantial investments will be required to expand the capacity of crime laboratories, police, and prosecutors to use this investigative tool efficiently. In time, such a change may also impact the types of crimes of cases processed in the criminal justice system.     

Big Investment Fraud and “Yakuza Money” Crime — Two Perspectives of Financial Crime in Japan

Financial crime in Japan takes a major toll on both individual victims and the nation’s economy. This paper focuses on large investment frauds that have occurred from post-war Japan to the present as well as financial crimes that involve racketeers of boryokudans, or organized crime groups, more commonly known as yakuza. Major financial offending by organized crime groups include: yamikin (loan sharks), sokaiya (shareholders who extort corporate funds), jiageya (“land sharks” who frighten tenants into vacating properties), and new forms of yakuza money crime that constitute significant challenges to enforcement. The paper concludes that more comprehensive legislation that applies to all forms of investment fraud is needed in order to stem the tide of white-collar crime in Japanese society.     

Making the second step before the first: Assessing organized crime

The debate on organized crime has shifted from the question of “myth or reality?” to efforts to come to an assessment of the nature and extent of organized crime. This paper discusses the possibilities and limits of such an endeavor in the case of Germany. A meaningful assessment requires linking the concept of organized crime to clearly defined empirical referents, having a thorough understanding of their dynamics and interrelations, and obtaining valid and reliable data. It is argued that these requirements cannot be met given the present paucity in theory and data. From the available aggregate data contained in the official crime statistics and annual situation reports on organized crime drawn up by the federal police agency BKA no overall trends are discernible. Where trends are identifiable, they mostly pertain not to patterns of criminal cooperation but to contextual factors. In contrast, the analysis of individual cases may serve to shed some light on the situation of organized crime, provided they are put in perspective with a differentiated conceptualization. A four-fold typology of criminal networks based on differences in the social embeddedness of criminal actors suggests that the seriousness of the problem may depend on the likelihood of the manipulation of relevant decision-making processes. Germany is not characterized by alliances between underworld and upperworld, but the existence of criminal networks within the upperworld gives grounds for concern.     

Clans,politics and organized crime in Central Asia

This paper investigates the role of transnational organized crime in the democratisation process in the Central Asian area. It examines the inherent connections that exist between the leading tribal families, political elites and organized crime, and explores how criminal networks have proliferated in society and consequently in politics. The complete absence of a ruling élite and striking economic issues left unsolved were the legacy that Soviet rule would leave to the newly independent Central Asian Republics. After the fall of the former Soviet Union other, more profitable forms of transnational organized crime flourished. According to the official statistics of the UNODC and the American State Department, 92% of the world’s heroin is produced in Afghanistan. Of this, around 65% is smuggled into Europe and America along the Silk Road, and therefore through the five Central Asian Republics and Russia. High levels of corruption in Central Asia heavily affect political and economic life. The economies of the region have progressively become dominated by criminal activity with smuggling, trafficking and other activities linked to transnational organized crime as the major source of income. Central Asia’s strategic location makes this a global security concern.

Methods and motives: Exploring links between transnational organized crime and international terrorism

The nexus with transnational organized crime is increasingly a focus for security planners in their analyses of terror groups. Their approach is best described by the phrase “methods, not motives.” While the motives of terrorists and organized criminals remain divergent most often, our research indicates this is not always the case. For that reason, this report argues that such a general approach has become too restrictive and can be misleading since the interaction between terrorism and organized crime is growing deeper and more complex all the time. In short, the lines of separation are no longer unequivocal. The report analyzes the relationship between international organized crime and terrorism in a systematic way in order to highlight the shortcomings of the “methods, not motives” argument. In so doing, the report considers the factors that most closely correspond to crime-terror interaction and identifies those regions of developed and developing states most likely to foster such interactions. Likewise, the paper will suggest an evolutionary spectrum of crime-terror interactions that serves as a common basis for discussion of such often used terms as “nexus.” The centerpiece of the report is a groundbreaking methodology for analysts and investigators to overcome this growing complexity, identify crime-terror interactions more quickly and to assess their importance with confidence. The approach is derived from a standard intelligence analytical framework, and has already proven its utility in law enforcement investigations. The report is the product of a recently concluded and peer-reviewed 18-month NIJ sponsored research project, and includes empirical evidence drawn from numerous case studies developed in the course of the research program. This project was supported by Grant No. 2003-IJ-CX-1019 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the US Department of Justice. Research assistance on this project was provided by Allison Irby, Douglas M. Hart, Patricia A. Craig-Hart, Dr. Phil Williams, Steven Simon, Nabi Abdullaev, and Bartosz Stanislawski. Drafting and editing help was provided by Laura Covill.     

Organized crime and regional development. A review of the Italian case

This paper offers a review of the effects of organized crime on regional economic development, with particular reference to the case of Italy. After reviewing the empirical studies that analyse the relationship between crime and economic development, the paper examines the regional distribution and the social costs of some crimes (in particular extortion) that can be linked to mafia type criminality.     

The political-criminal nexus in the united states

Summary The 1967 Task Force Report on Organized Crime (TFR) found that “...all available data indicate that organized crime flourishes only where it has corrupted public officials.” 48 From that standpoint, neutralizing local law enforcement would appear to be central to criminal operations. That conclusion would depend on (a) how one defines “organized crime” and (b) the assumption that organized crime described by the Task Force covers all cases and species of it including what is referred to as “non-traditional” organized crime. A conclusion that seems unchallengeable in the Report is the observation that it was impossible to determine “the extent of the corruption of public officials in the United States.” The lack of information on this question was aggravated by the fact that many of those who provided information to the Task Force were themselves public officials.