Radiological Smuggling and Uncontrolled Territories: The Case Of Georgia

The article focuses on radiological smuggling and its connection with uncontrolled territories, the “grey zones” that have emerged as important conduits for illicit contraband, including the trafficking of radioactive materials. The presence of “grey zones,” together with poor border security, weak law enforcement and corruption in government structures, are the most important regional factors that facilitate radiological smuggling. The paper documents the collaboration between criminals, politicians, military and security officers and entrepreneurs in this kind of illicit activity and argues that the fight against radiological smuggling has to shift its focus from technical issues to intelligence gathering and analysis.     

The underworld of art

Although crime in the market for fine arts has a long historical pedigree, the explosive growth of the market, and the conversion of art (along with collectible goods of all sorts) into speculative assets, that began or at least accelerated in the mid 1970s, focused increasing attention on the phenomenon. At the same time the issue of protecting cultural patrimony became a subject of greater contention between source and market countries, while common law and civil code jurisdictions struggled over how to reconcile approaches to regulation and enforcement. This paper highlights these issues with specific reference to the market for high-end paintings although its lessons are germane to all subdivisions of the collectibles market. It attempts to elucidate the main criminogenic factors—speculative shifts in demand, fraudulent supply, and illegal activity by various intermediary institutions ranging from dealers to appraisers to auction houses, while highlighting the role of collectors, museums, and financial institutions both as victims and active participants. Despite enduring myths about “organized crime,” illegal operations in the art market are the work overwhelmingly of insiders who alone have the technical knowledge and circle of intimates necessary to link an illicit supply with a demand that can range from the strictly legitimate, the legal but dubious, and the explicitly criminal. The critical lesson is that stolen, forged or smuggled material makes its way through much the same circles of intermediaries and ends up for the most part in the same locations and the same hands as artwork of legal origin.     

Gangs and Coups D' Streets in the New World Disorder: Protean Insurgents in Post-modern War

The mutation of protean “street gangs” to insurgents illustrates that insurgents need not be ideologically oriented, and need not be traditional revolutionary fighters emerging from the mountains and jungles to take down or control a government. Rather, they may have their own specific commercial money-making motives, and can emerge out of the favelas, callampas, villas miserias, and pueblas jovenes (city slums) not so much to replace governments as to gain very lucrative freedom of movement and action within a supposedly sovereign national-state. Also, mature second and third generation gangs have been known to act as proxies and mercenaries for traditional nation-states that want to maintain “plausible deniability,” and to act as mercenaries for warlords, organized criminal organizations, and/or drug-trafficking cartels that—on certain occasions—need additional “fire-power”. The instability and lack of individual and state security generated by gangs phenomenon and their nefarious allies are also known to lead to the radical change of failed state status. In these terms, gangs are no longer a singular law enforcement issue. As crime and war become more and more indistinguishable, gangs must be considered a larger national security issue—that, paradoxically, must be viewed as a local concept.     

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.     

法治政府目标体系——中国法治政府建设十大成就之一

法治政府建设是中国特色社会主义法治国家建设的基础性环节。根据《法治政府建设实施纲要(2015—2020年)》的要求,到2020年基本建成以“职能科学、权责法定、执法严明、公开公正、廉洁高效、诚实守信”为目标体系的法治政府。经过多年的不懈努力,通过深化“放管服”改革和建立权力清单制度,有力地推动了政府职能科学、权责法定的组织性目标的实现;通过行政执法体制改革,构建行政执法三项制度,切实地完成了执法严明、公开公正的过程性目标;通过完善行政监督体系,深入政务诚信建设,有效推进了廉洁高效、诚实守信的伦理性目标的制度化。以此为标志,中国法治政府建设已经达成了预期目标。     

Problems of definition: What is organized crime?

What do most people, or at least most Americans, think of when they hear, see, or read the term “organized crime”? What do they know about it? And from whence do they get their information? What about law enforcement practitioners, prosecutors, judges, and politicians? And, what about academics and journalists, the folks who study and write about organized crime? Agreeing upon a commonly accepted definition of just what is organized crime has been a continuing problem for both research and policy. The discussion that follows addresses various dimensions of this problem, looks at the implications, and makes certain recommendations.     

‘C’ is for commercial collaboration: enterprise and structure in the ‘middle market’ of counterfeit alcohol distribution

This article utilising the work of Pearson and Hobbs [1] defines the middle market in counterfeit alcohol. Drugs markets have a resemblance to counterfeit alcohol markets in as much that they share the illicit nature of the product and the need to distribute the product at the ‘street’ level. Drawing on two case studies taken from a European regulator the article details the dynamics of the market, the enterprise actions of the actors and how law enforcement responses can, in certain circumstances, make the task of the distributors easier. The traditional notions of organised crime are challenged and organisation of counterfeit alcohol markets is viewed as being reliant upon those who have legitimate access to the market and are able to develop networks of commercial collaborators who by their position in the legitimate market are able to conceal their illicit actions.     

Implications of cross-border crime risks in an open Europe

It is to be expected that the development of an open economic space within the E.C. and the increased accessibility of Eastern Europe will lead to new patterns of cross-border crimes. So do the risks of becoming a victim of one of those crimes. However, the risks may not be spread evenly: some markets may become more affected by crime-entrepreneurs than other markets, though most attention is devoted to drug trafficking and drug money related money-laundering. However, organized drug trafficking and organized fraud are not so neetly seperated. From crimeentrepreneurial point of view one can broadly speak of cross-border crime markets in European regions.The criminological implications may be the development of Euro-crime markets in which crimeentrepreneurs develop lasting patterns of cooperation and cross-border organizations. This is already the case on the illicit drug market. Crime patterns on the field of organized commercial crime, toxic waste trafficking or EC-fraud point in the same direction. The implications for business and law enforcement alike are that without the development of new strategies of prevention and cross-border police investigations organized crime may well intertwine into the developiing European economic and social structure thus acquiring a corrosive foothold in the legitimate industry.     

SAVINGS AND LOAN FRAUD AS ORGANIZED CRIME: TOWARD A CONCEPTUAL TYPOLOGY OF CORPORATE ILLEGALITY*

This paper proposes a classification scheme for distinguishing “organized crime” and “corporate crime” based not on the occupational position or social status of their perpetrators, but on the motives and methods of the offenses themselves. Using government documents, interviews with FBI investigators and thrift regulators, as well as a variety of secondary sources, it documents patterns of crime in the savings and loan industry and demonstrates that these conspiracies more closely approximate organized crime than corporate crime. Included in the discussion is a brief exploration of the other forms of corporate illegality to which this broader typology can be applied. The paper concludes with a discussion of the theoretical and policy implications of applying the organized crime model to certain forms of white-collar crime and argues that with the proliferation of financial fraud, it is imperative to replace traditional ad hominem assumptions about corporate illegality with more analytically useful distinctions based on the modus operandi.     

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.     

Illegal gambling businesses & organized crime: an analysis of federal convictions

Illegal gambling operations have been alleged to support organized crime and victimize participants, rather than benefit them. This is said to occur through cheating in the games provided, defrauding the government of tax revenue, and funding other illicit and criminal activities. What has been missing is a systematic analysis of actual cases involving illegal gambling businesses to determine precisely who is involved, how these businesses operate, the nature of the threat posed, and the law enforcement response to it. The analysis reported here examines all federal convictions involving operation of illegal gambling businesses during a single year. There were more than 80 persons charged and convicted of participation in illegal gambling businesses, centered around 40 distinct enterprises. The results indicate that illegal gambling businesses in the United States are long-term operations consisting of four general types, and that enforcement of existing laws, particularly related to illegal online sports betting, are not working effectively.     

Organized cross-atlantic crime

There is concern about penetration of organized crime in the legitimate business. This penetration can take various forms, ranging from a complete take over to a veritable symbiosis between crime-enterprises and the legitimate industry. This paper describes the interaction between crime-enterprises in the mineral oil market in the Unites States and North-western Europe. It pictures the landscape or moral decay, lack of supervision by law enforcement and the spread of systematic fraud in a branch of industry which has become ripe for infiltration by organized crime. The paper reveals that organized business crime is not just a concern for the United States of Europe alone. If the entrepreneurial landscape has similar features and there are possibilities of personal bridgeheads organized business crime obtains crossborder, transatlantic dimensions. The paper questions the selective attention of law enforcement to easily recognizable crime and the morally dubious attitude of legitimate industry taking advantage of the profitable offers by criminal entrepreneurs.     

Crimes,arrests, and elections: Predicting winners and losers

Political candidates are frequently identified as being either “law and order” advocates or “soft” on crime; however, the importance of actual arrest and crime levels on election outcomes has not been examined empirically. One particular set of candidates for whom arrest and crime rates might be expected to be predictive is publicly elected law enforcement officials. Using 1976 Florida County Sheriff election data, this article examines the capacity for discriminating between winning and losing incumbent sheriffs by using county arrest and crime data in association with socioeconomic and political information. The findings show that a significant discrimination is obtained (significant = 0.009, canonical correlation = 0.59, and 76 percent of the counties were correctly classified) and that crimes and arrests are significant factors in determining the outcome of sheriff elections. The results indicate that although traditional political factors, such as party affiliation and number of terms in office, and socioeconomic factors, such as income, density, and unemployment rates, do well in discriminating winning from losing candidates, a sheriff-election model must also incorporate crime and arrest information, particularly information on murder and rape.     

Organized Crime in Asia: A Review of Problems and Progress

This paper provides a preliminary overview of research on organized crime in Asia drawing on selected papers from a symposium held at the National University of Singapore in June 2007. We draw on these contributions to emphasize the enterprise nature of organized crime and the common problems encountered by law enforcement in controlling and preventing the many harms inflicted by serious criminal activity. Recent attempts to address the changing character and forms of transnational organized crime, especially through the strengthening of mutual legal assistance by regional bodies such as ASEAN, are noted. These measures have yet to develop into the cross-border institutional frameworks now found in Europe, and the level of effective co-operation can only continue to improve. Countering organized crime in Asia also faces additional difficulties arising from the cultural diversity, relative weakness of law enforcement in some states and the lack of common strategies in respect to illicit markets.

Cross-national investigation and prosecution of intellectual property crimes: the example of “Operation Buccaneer”

“Operation Buccaneer” was the name given to a law enforcement operation against “DrinkOrDie,” a highly organised but globally dispersed Internet-based software piracy group. The concerted enforcement action, led by the US Customs Service and Department of Justice, extended to several European countries and Australia. This paper contrasts the legal consequences that flowed, with numerous suspects pleading guilty in the United States, some contested prosecutions in the United Kingdom, and a sole Australian suspect facing extradition to the United States to face charges. Operation Buccaneer illustrates the cross-national reach of both Internet-based intellectual property crime and the law enforcement response, as well as some of the complexities that arise in applying jurisdictional concepts such as the “double criminality” requirement for extradition in this evolving prosecutorial landscape.     

Politics,Prisons, and Law Enforcement: An Examination of the Emergence of “Law and Order” Politics in Texas

This article examines the rise of “law and order” politics in Texas, providing an in‐depth archival case study of changes in prison policy in a Southern state during the pivotal period when many U.S. states turned to mass incarceration. It brings attention to the important role an insurgent Republican governor and law enforcement officials played in shaping crime policy. Law enforcement's role is considered within a broader examination of political strategy during a period of intense socioeconomic volatility. The findings suggest that within particular political contexts, especially those with low levels of political participation, law enforcement agents might play a key role in shaping punishment.     

Never a final design: interviewing Norwegian alcohol smugglers

This paper presents a typology of respondents that have been encountered in interview-based research on the illegal alcohol market in Norway. Six distinct types (“the social talker”, “the expert witness”, “the flasher”, “the manipulator” and “the paranoid”) are distinguished and their relative value discussed from a scientific perspective. Students of organized crime must learn how to handle these characters both socially and analytically, and how to avoid certain pitfalls. Challenges a researcher may meet while studying organized crime will also be discussed, like “going nervous,” “going naïve”, “going native” and “going nonchalant”. Traditional Scandinavian literature on research methods has not been very helpful in this sense.     

From tong war to organized crime: Revising the historical perception of violence in Chinatown

An analysis of New York City press accounts and official documents from 1894 to 1908 challenges many assumptions about Chinese organized crime in the United States. Contrary to conventional wisdom, this analysis provides strong evidence that Chinese organized crime is neither “emerging” nor “nontraditional” and that it predates, in structure and sophistication, organizations of other ethnic origins later recognized as “modern” organized crime by academics, the media, and the government. A qualitative, document-based case study of the first “tong war” between the Hip Sing Tong and the On Leong Tong (1899–1907) shows that both organizations were heavily involved in a multiethnic social system of organized crime that extended across the United States and to China itself. The turn-of-the-century tongs were involved with police and political corruption, labor racketeering, price fixing, prostitution, gambling, immigrant smuggling, slavery, drug trafficking, and violent crimes. They are still associated with these activities.     

The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

An important yet poorly understood function of law enforcement organizations is the role they play in distilling and transmitting the meaning of legal rules to frontline law enforcement officers and their local communities. In this study, we examine how police and sheriff's agencies in California collectively make sense of state hate crime laws. To do so, we gathered formal policy documents called “hate crime general orders” from all 397 police and sheriff's departments in the state and conducted interviews with law enforcement officials to determine the aggregate patterns of local agencies' responses to higher law. We also construct a “genealogy of law” to locate the sources of the definitions of hate crime used in agency policies. Despite a common set of state criminal laws, we find significant variation in how hate crime is defined in these documents, which we attribute to the discretion local law enforcement agencies possess, the ambiguity of law, and the surplus of legal definitions of hate crime available in the larger environment to which law enforcement must respond. Some law enforcement agencies take their cue from other agencies, some follow statewide guidelines, and others are oriented toward gaining legitimacy from national professional bodies or groups within their own community. The social mechanisms that produce the observed clustering patterns in terms of approach to hate crime law are mimetic (copying another department), normative (driven by professional standards about training and community social movement pressure), and actuarial (affected by the demands of the crime data collection system). Together these findings paint a picture of policing organizations as mediators between law‐on‐the‐books and law‐in‐action that are embedded in interorganizational networks with other departments, state and federal agencies, professional bodies, national social movement organizations, and local community groups. The implications of an interorganizational field perspective on law enforcement and implementation are discussed in relation to existing sociolegal research on policing, regulation, and recent neo‐institutional scholarship on law.