ORGANIZED CRIME

Avinash RajputCriminology 2nd SemesterLok Nayak Jayprakesh Narayana National Institute of Criminology and Forensic Science Ministry of Home Affairs

DEFINITION OF ORGANIZED CRIME

Organized crime is both a social system and a social world. The system is composed of relationships binding professional criminals, politicians, law enforcers, and various entrepreneurs. Block, Alan A. 1983

Any group having a corporate structure whose primary objective is to obtain money through illegal activities, often surviving on fear and corruption.

Paul Nesbitt (Interpol)1993

"organized crime" means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any person or promoting insurgency;

MCOCA 1996

CHARACTERISTICS OF ORGANIZED CRIME

Team Work. Hierarchical Structure. Planning. Division of Labour. Violence. Effective control of its members. Not limited to illicit services.

ACTIVITIES OF ORGANIZED CRIME

Narcotics distribution. Gambling. Prostitution. Illegal Sale or Distribution of Firearms. Money Laundering. Kidnapping. Human Trafficking. Bank Robberies. Blackmailing.

TYPES OF ORGANIZED CRIME

Gang Criminality. Racketeering. Syndicated Crime.

GANG CRIMINALITY

The Gangs are operate on a large scale. Hard criminals are the member of this. They don’t hesitate to kill or use of voilance. They use modern arms. These criminals are disciplined but

dangerous.

RACKETEERING

It includes dishonest way of getting money. They live on othermen’s money. Racketeers don’t like gang criminals. They give regular fixed money to their

bosses. They take protection money from the

businessmen.

SYNDICATED CRIME

The syndicates create their own busness prosedure.

They avoid using violence. Society knows these syndicate members as

respectable citizens and high status persons. They operates in big metropolition areas. The leaders gather at fixed place to discuss

problums.

STRUCTURE OF ORGANIZED CRIME

At the top of the family is the boss. Beneath the boss is a counselor and an

under-boss. Beneath the under-boss are the lieutenants. Below the lieutenants. Membership in the family entitles the

member to run his own rackets using the family’s connections and status.

CONT…

Corporate model: A formal hierarchy in which the day-to-day activities of the organization are planned and coordinated at the top and carried out by subordinates.

The feudal model of the LCN (La Cosa Nostra: Commonly referred to as the Mafia) views it as a loose connection of criminal groups held together by kinship and patronage .

HIERACHICAL STRUCTURE OF AMERICAN MAFIA FAMILY NETWORK Figure 16.1 Hierarchical Structure of a Typical Organized Crime Family

BOSS

Underboss

Counselor

Lieutenant lieutenant lieutenant Lieutenant

Soldiers Soldiers Soldiers Soldiers

Associates

STANDARD HIERARCHY

PSYCHOLOGICAL TRAITS

Antisocial Personality (or Sociopath) Dependent Personality

ANTISOCIAL PERSONALITY

2-3% of population (80% male; primarily urban settings)

Genetic and Environmental influences

Core Clinical Features

Pathological deceptions and manipulations Underdeveloped autonomic nervous system

Intolerant to frustration (delay of gratification)

CONT…

Disregard for the rights of others (little or no remorse) Difficulty learning from experience (absence of internal guilt) Unstable work and personal relations (exploitation) Repeated brushes with law (abuse alcohol or drugs)

DEPENDENT PERSONALITY

Fear of Abandonment or Separation (Clinging Behavior) Needs others to assume responsibilities for major life areas Difficulty expressing disagreement Excessive efforts to obtain nurturance (volunteering) Outcomes

Resentment (inability to control frustration and anger)

DIFFERENT LEVELS OF RELATIONSHIP BETWEEN O.C. AND CORRUPTION

1st Level: Bribery 2nd Level: Continuos Acts of Bribery (“On

payroll”) 3rd Level: Infiltration into Government

Agencies 4th Level: Infiltrating the Government (Higher

level) 5th Level: Infiltrating the Political Arena

1ST LEVEL: BRIBERY

The bribe is offered or solicited for a single act

For example: to obtain a passport, licenses or to get information designed to enable Criminal advantage.

BENEFITS OF THE BRIBERY ACTS

The O.C. Groups obtains an advantage False identities and documents Advance information about police activity Manipulation of official records Disappearing evidence Access to jury identities

2ND LEVEL: CONTINUOS ACTS OF BRIBERY (“ON THE PAYROLL”)

Bribe payments are ongoing. Ensures a continuous flow of information and

protection from police intrusion into criminal activities.

BENEFITS OF THE CONTINUOS BRIBERY ACTS

O.C. Groups obtain constant access to confidential information allowing them to maintain patterns of illegal activity

The O.C. Groups remain “one step ahead” of Police

MEASURES TO AVOID THE BRIBERY ACTS

Strength the socio-economic status of public officers with fair and competitive salaries

Implement strong penalties for breaches of public duties

Encourage “whistle-blowers” Train and assign Integrity Officers to

corruption-prone government operations Reduce individual discretion

3RD LEVEL: INFILTRATION INTO GOVERNMENT AGENCIES

infiltration is sporadic within lower ranking official positions.

OC members and friends gain employment in law enforcement agencies,judiciary Prosecutor’s Office and other operations.

HOW IS INFILTRATION ACCOMPLISHED?

1) Applying for Job Vacancies The O.C. group supports one or more

members or friends to participate and apply for job vacancies with the Government.

2) “Buying” the Job The O.C. group bribes or blackmails officials

to place its members and friends in the government post

4TH LEVEL: INFILTRATING THE GOVERNMENT (HIGHER LEVEL)

This infiltration can encompass entire branches or higher ranking officers.

Top Officials in Law Enforcement, Prosecutor’s Office and other sensitive government offices.

METHODS USED TO INFILTRATE THE HIGHER LEVELS OF GOVERNMENT

1) Placement of Corrupted Officers into Higher Office

The O.C. group use bribery and blackmail to support Officers previously corrupted by their organization to higher ranks with broader access to information. This “support” is repaid to OC with increased protection and access to more useful secret police information

CONT…

2) Control of the Chief of Section/Region Bribery, blackmail and coercion is used to

control the chief decision-maker of an entire branch of government.OC can continue operating with very little risk of discovery or successful prosecution.

MEASURES TO AVOID THE INFILTRATION OF O.C. GROUPS

Transparency in the hiring process including public notification of potential candidates.

Strengthening promotional testing and strict secrecy of test questions

Vetting process thorough background investigations and polygraph test (updated financial statements, family ties, etc.)

Public disclosure of assets

5TH LEVEL: INFILTRATING THE POLITICAL ARENA

O C Groups Congressmen Ministers Politicians(Mayors,

Governors) Law Enforcement(Security)

HOW IS POLITICAL INFILTRATION ACCOMPLISHED?

Participating in Political Campaigns (giving money, media support and others)

Buying votes for candidates and corrupting the democratic election process

Lobbying other politicians for support using bribery and blackmail

Exploiting O.C. Members’ family links Creating “debts” for politicians to “repay” later

by using blackmail and extortion

BENEFITS OF POLITICAL INFILTRATION

“Friendly” prosecutors and judges more easily ignore criminal activity

O.C. Groups can gain public support by performing or supporting “civic” functions

O.C. criminal activity can be masked or overlooked by favorable public perception

Impartial juries are more difficult to empanel Perceived alliances with elected political

figures tends to legitimize O.C.

MEASURES TO AVOID THE POLITICAL INFILTRATION OF O.C. GROUPS

The State have to increase the financial support of the political parties, during political campaigns

Strengthening the Laws of Media concentrations, combating monopoly

Increasing the transparency of contributions Knowing better the previous profiles of the

Politicians