welcome cj350 organized crime. welcome thank you for attending our _______. this is a graded...

Welcome

CJ350 Organized Crime

CJ350 Organized CrimeWelcome

Thank you for attending our _______.This is a graded seminar, so please participate and

ask/answer question. When have a question please raise your hand by typing ___.When you end saying something type __.Please do not have ____ ___ conversations with other

students. Please speak to everybody in attendance.

Let’s get started

CJ350 Organized CrimeWelcome

Thank you for attending our seminar.This is a graded seminar, so please participate and

ask/answer question. When have a question please raise your hand by typing “?”.When you end saying something type //.Please do not have side bar conversations with other

students. Please speak to everybody in attendance.

Let’s get started

THANK YOU

Thank you for your efforts that you have shown on our Discussion Boards, our seminars, and your papers.

Can you believe it? This is our last night together. I just want to say how much I have enjoyed our weekly seminar. You have been an OUTSTANDING CLASS! I appreciate everyone putting up with me every week.

.

Content / Development 120 Points

Points EarnedXXX/120Additional Comments:

The student conducted an organized crime investigation on a well-known organized crime figure/organization. The student explained in detail, what strategies, tools, and Federal Statutes they would use in their investigation and subsequent prosecution in Federal Court.Research law enforcement strategies, tools, and federal statutes used in investigating/prosecuting an organized crime case.

Evaluate the law enforcement strategies, tools, and federal statutes used in the investigation and prosecution of organized crime members.

Identify the law enforcement strategies, tools, and federal statutes you used in your investigation/prosecution.

Apply your knowledge of law enforcement strategies, tools, and federal statutes to the investigation and prosecution of organized crime members.The student clearly explained the area they have chosen to investigate. oWhy they feel it is important oWhat they have learned through their investigationThe student used two sources to support their project excluding the assigned text.

The paper is 3-5 pages in length.

The paper develops a central theme or idea, directed toward the appropriate audience.

Major points are stated clearly, are supported by specific details, examples, or analysis, and are organized logically.

The introduction provides sufficient background on the topic and previews major points.

The conclusion is logical, flows from the body of the paper, and reviews the major points.

Mechanics 20 Points

Points EarnedXX/20Additional Comments:

The paper, including the title page, reference page, tables, and appendices follow APA guidelines for format.

Citations of original works within the body of the paper follow APA guidelines.

The paper is laid out with effective use of headings, font styles, and white space.

Rules of grammar, usage, and punctuation are followed.

Spelling is correct.

No late papers excepted No late papers exceptedTotal 160 Points

Points EarnedXXX/160

Overall Comments:

ORGANIZED CRIME COMMITTEES, ORGANIZED CRIME COMMITTEES, COMMISSIONS, and STATUTESCOMMISSIONS, and STATUTES

COMMITTEES, COMMISSIONS, and STATUTESCOMMITTEES, COMMISSIONS, and STATUTES

Beginning in 1950, the attention of _______ was drawn to a new political issue: organized crime.

Congress, especially the U.S. Senate, has used the hearing process to wage a largely successful war on OC by:

• exposing criminal ____________ and related _________, and

• framing legislation addressing the problem.

On May 10, 1950, Senator Estes Kefauver chaired the Special Committee to Investigate Organized Crime in _________ ________, the first major congressional investigation of organized crime.


Beginning in 1950, the attention of Congress was drawn to a new political issue: organized crime.

Congress, especially the U.S. Senate, has used the hearing process to wage a largely successful war on OC by:

• exposing criminal organizations and related corruption, and

• framing legislation addressing the problem.

On May 10, 1950, Senator Estes Kefauver chaired the Special Committee to Investigate Organized Crime in Interstate Commerce, the first major congressional investigation of organized crime.


The event was made all the more dramatic by a new element in public hearings—television.

The first hearing was held on May 26, 1950.

Before Kefauver’s term as chair ended on May 1, 1951, the committee heard more than six hundred witnesses in 14 cities.

Kefauver’s committee concluded that criminal syndicates operating under control of the Mafia exist in many cities, and widespread corruption allows the syndicates to flourish.


In 1956, the Senate Permanent Subcommittee on Investigations began an inquiry into Teamsters Union activities, which met union recalcitrance.

The Senate responded by establishing the Select Committee on Improper Activities in the Labor or Management Field.

In turn, that led to passage of the Landrum-Griffin Act (the Labor-Management Reporting and Disclosure Act) in 1959.

In 1965, President Lyndon Johnson established the President’s Commission on Law Enforcement and Administration of Justice (PCLEAJ).


The PCLEAJ created nine task forces, including the Task Force on Organized Crime (TFOC).

TFOC contributions included recommendations for a witness protection program, special federal _____ _______, and legislation permitting _________ ___________; all were eventually enacted into law.

The task force noted the inadequacy of budget support for fighting crime, and that OC’s major income derived from _______ and ____________.

Notably, the TFOC made little mention of strong OC ties to drug trafficking and labor racketeering.


The PCLEAJ created nine task forces, including the Task Force on Organized Crime (TFOC).

TFOC contributions included recommendations for a witness protection program, special federal grand juries, and legislation permitting electronic surveillance; all were eventually enacted into law.

The task force noted the inadequacy of budget support for fighting crime, and that OC’s major income derived from gambling and loansharking.

Notably, the TFOC made little mention of strong OC ties to drug trafficking and labor racketeering.


The business of OC involves the violation of laws.

The chief weapons in the federal OC arsenal are:

• The Internal Revenue Code

• The _________ _________ Act

• The Hobbs Act

• The ____ statute

• The Continuing Criminal Enterprise statute

• The Consumer Credit Protection Act

• Statutes against __________, and

• Anti-money-laundering provisions of Title 18, USC.


The business of OC involves the violation of laws.

The chief weapons in the federal OC arsenal are:

• The Internal Revenue Code

• The Controlled Substances Act

• The Hobbs Act

• The RICO statute

• The Continuing Criminal Enterprise statute

• The Consumer Credit Protection Act

• Statutes against conspiracy, and

• Anti-money-laundering provisions of Title 18, USC.


The U.S. does not criminalize participation in a criminal organization, because to do so might violate constitutional protection of freedom of ___________.

However, at the federal level and in most of the states, conspiracies to commit offenses are punishable.

__________ is an agreement between ___ or ____ persons to commit a criminal act; it is the agreement that becomes the corpus (body) of the crime.


The U.S. does not criminalize participation in a criminal organization, because to do so might violate constitutional protection of freedom of association.

However, at the federal level and in most of the states, conspiracies to commit offenses are punishable.

Conspiracy is an agreement between two or more persons to commit a criminal act; it is the agreement that becomes the corpus (body) of the crime.


The RICO (Racketeer Influenced and Corrupt Organizations) statute is the most important piece of legislation ever enacted against OC.

Part of the Organized Crime Control Act of 1970, RICO defines racketeering in an extremely broad manner, and includes many offenses that do not ordinarily violate any federal statute:

“…any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, or dealing in narcotic or other dangerous drugs, … chargeable under State law and punishable by imprisonment for more than one year.”

Hobbs Act violations Wire fraud

Bribery Obstruction of justice

Sports bribery Contraband cigarettes

Counterfeiting Bankruptcy fraud (scam)

Embezzlement from union funds

White slavery (Mann Act) violations

Loansharking Drug violations

Mail fraud Obscenity

COMMITTEES, COMMISSIONS, and COMMITTEES, COMMISSIONS, and

STATUTES STATUTES The RICO statute defines as

racketeering:

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES RICO gives the federal government jurisdiction that

previously was exclusively held at the ____ and ____ levels.

State and local laws were often ineffective in dealing with organized crime.

Under RICO, the ___ became the lead agency in OC law enforcement.

The diverse and often unrelated crimes committed by OC made conspiracies difficult to prove.

The thrust of RICO is to prove a pattern of crimes conducted through an organization—an __________

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES RICO gives the federal government jurisdiction that

previously was exclusively held at the state and local levels.

State and local laws were often ineffective in dealing with organized crime.

Under RICO, the FBI became the lead agency in OC law enforcement.

The diverse and often unrelated crimes committed by OC made conspiracies difficult to prove.

The thrust of RICO is to prove a pattern of crimes conducted through an organization—an enterprise

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES Before “racketeering” can be a RICO violation, there must be a

“______.”

This requires the commission of at least two of the specified crimes within a 10-year period.

Isolated criminal acts do not constitute a “pattern;” there must be a relationship between the ________ crimes over a substantial period.

In addition to substantial criminal penalties, RICO requires _________ of any ________ or _______ acquired in violation of the statute.

RICO’s purpose is “the eradication of organized crime in the United States.”

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES Before “racketeering” can be a RICO violation, there must be a

“pattern.”

This requires the commission of at least two of the specified crimes within a 10-year period.

Isolated criminal acts do not constitute a “pattern;” there must be a relationship between the predicate crimes over a substantial period.

In addition to substantial criminal penalties, RICO requires forfeiture of any business or property acquired in violation of the statute.

RICO’s purpose is “the eradication of organized crime in the United States.”

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES The Continuing Criminal Enterprise statute is similar in purpose to

RICO but targets only _______ ____ activity.

The 1968 Consumer Credit Act was designed to combat ____________.

Various forfeiture measures have proven to be especially effective against OC.

In addition to civil procedures contained in RICO, the Comprehensive Drug Abuse Prevention and Control Act of 1970 (CAPCA) provides for the seizure of assets under certain conditions.

_____ forfeiture is an in rem proceeding, not the in personam procedure used in criminal forfeitures)

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES The Continuing Criminal Enterprise statute is similar in purpose to

RICO but targets only illegal drug activity.

The 1968 Consumer Credit Act was designed to combat loansharking.

Various forfeiture measures have proven to be especially effective against OC.

In addition to civil procedures contained in RICO, the Comprehensive Drug Abuse Prevention and Control Act of 1970 (CAPCA) provides for the seizure of assets under certain conditions.

Civil forfeiture is an in rem proceeding, not the in personam procedure used in criminal forfeitures)

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES Two legal theories of forfeiture have evolved:

• ____________ theory allows seizure of property that facilitates certain criminal conduct.

• ________ theory allows seizure of property that represents the proceeds of certain specified unlawful activities.

CAPCA provides an ________ _____ defense if the violation occurred without owner knowledge.

A remission procedure allows the return of property if there are mitigating circumstances

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES Two legal theories of forfeiture have evolved:

• Facilitation theory allows seizure of property that facilitates certain criminal conduct.

• Proceeds theory allows seizure of property that represents the proceeds of certain specified unlawful activities.

CAPCA provides an innocent owner defense if the violation occurred without owner knowledge.

A remission procedure allows the return of property if there are mitigating circumstances

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES The Bank Secrecy Act of 1970 seeks to combat money laundering

by OC elements.

The two most important provisions of the BSA require financial institutions to submit:

• a Currency Transaction Report for currency transactions exceeding $10,000; and

• a Currency and Monetary Instrument Report for the transportation of currency and bearer documents in amounts exceeding $5,000 (now $10,000) into or out of the U.S.

The BSA also prohibits “structuring” transactions to avoid the impact of reporting thresholds

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES An amendment to the Drug Abuse Act of 1988 requires

offshore banks to record any U.S. cash transactions in excess of $10,000 and to permit U.S. officials to have access to the records.

Offshore banks that fail to comply can be:

• banned from holding accounts in U.S. banks, and

• denied access to U.S. dollar clearing and money-transfer systems.

COMMITTEES, COMMISSIONS, and STATUTES COMMITTEES, COMMISSIONS, and STATUTES

Antiterrorism legislation enacted in 2001 allows the Treasury Department to:

• impose sanctions on countries that refuse to provide information on depositors, and

• bar American banks from doing business with offshore (“shell”) banks having no connection to any regulated banking industry.


Persons are guilty of money laundering if they:

a. know the property involved represents the proceeds of some _______ activity;

b. attempt to _______ or _______ the nature, the location, the source, the ownership, or the control of the proceeds;

c. attempt to avoid a transaction-reporting requirement; or

d. attempt to transport monetary instruments or funds out of the U.S. with the intent to carry out an ________ ________.


Persons are guilty of money laundering if they:

a. know the property involved represents the proceeds of some illegal activity;

b. attempt to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds;

c. attempt to avoid a transaction-reporting requirement; or

d. attempt to transport monetary instruments or funds out of the U.S. with the intent to carry out an unlawful activity.

ORGANIZED CRIME LAW ORGANIZED CRIME LAW ENFORCEMENT ENFORCEMENT

ORGANIZED CRIME LAW ENFORCEMENT ORGANIZED CRIME LAW ENFORCEMENT Protection against illegal seizure of evidence is provided by the

U.S. Supreme Court’s imposition of an __________ ____ to preserve the protective guarantees of the Fourth Amendment.

This restraint is particularly important to OC law enforcement efforts.

Its intent is to ensure that police agents do not _____ the law in an overzealous desire to _______ the law.

Society’s agents, such as OC law enforcement, must operate within the bounds of the law—or we are no better than the lawbreakers we pursue.

ORGANIZED CRIME LAW ENFORCEMENT ORGANIZED CRIME LAW ENFORCEMENT Protection against illegal seizure of evidence is provided by the

U.S. Supreme Court’s imposition of an exclusionary rule to preserve the protective guarantees of the Fourth Amendment.

This restraint is particularly important to OC law enforcement efforts.

Its intent is to ensure that police agents do not break the law in an overzealous desire to enforce the law.

Society’s agents, such as OC law enforcement, must operate within the bounds of the law—or we are no better than the lawbreakers we pursue.

ORGANIZED CRIME LAW ENFORCEMENT ORGANIZED CRIME LAW ENFORCEMENT

Strategies for enforcing the law include:

• _______ law enforcement, which responds when a call for service is received; and

• _________ law enforcement, which requires officers/agents to seek out criminal behavior, often by immersing themselves in criminal environments as undercover operatives.

Both strategic approaches teem with corruption opportunities.

Corruption within OC law enforcement is not uncommon, simply because of the availability of vast sums of money.


Strategies for enforcing the law include:

• reactive law enforcement, which responds when a call for service is received; and

• proactive law enforcement, which requires officers/agents to seek out criminal behavior, often by immersing themselves in criminal environments as undercover operatives.

Both strategic approaches teem with corruption opportunities.

Corruption within OC law enforcement is not uncommon, simply because of the availability of vast sums of money.

ORGANIZED CRIME LAW ENFORCEMENT ORGANIZED CRIME LAW ENFORCEMENT Informants represent a unique problem related to proactive law

enforcement and corruption.

Informants help law enforcement in order to:

• achieve financial rewards;

• get vengeance;

• drive competition out of business; and (most frequently)

• “work off a beef” (obtain leniency for their own criminal charges).

Informant veracity (is the information truthful?) and trustworthiness (does the informant pass information to OC, too?) are significant concerns.

ORGANIZED CRIME LAW ENFORCEMENT ORGANIZED CRIME LAW ENFORCEMENT There is no U.S. national police force. The primary responsibility of state police forces is highway traffic

enforcement. General policing responsibility is the function of a “full-service”

municipal department. Most resources of municipal police departments go to uniformed

services (i.e., patrol), with only a small portion devoted to investigative units.

OC is rarely a priority for a municipal department, since resources devoted to OC would diminish the department’s ability to respond to citizen demands for police services.

Some larger cities do have vice and drug units which have some involvement with OC activities.


Investigative tools in OC law enforcement include:

Intelligence: The collection, evaluation, collation, analysis, reporting, and dissemination of information about organized crime.

• ________ intelligence: Information that directly contributes to achievement of an immediate law enforcement objective.

• ________ intelligence: Information that contributes to producing sound judgment with respect to long-range law enforcement goals and objectives.


Investigative tools in OC law enforcement include:

Intelligence: The collection, evaluation, collation, analysis, reporting, and dissemination of information about organized crime.

• Tactical intelligence: Information that directly contributes to achievement of an immediate law enforcement objective.

• Strategic intelligence: Information that contributes to producing sound judgment with respect to long-range law enforcement goals and objectives.


Investigative tools (continued):

_________ surveillance: The use of technologically sophisticated equipment and techniques to intercept and record telephonic, electronic, wire, cellular, or oral communications.

_____ ____: A group of citizens chosen to hear charges against persons accused of crime and to determine whether there is sufficient evidence to bring the persons to trial.



Electronic surveillance: The use of technologically sophisticated equipment and techniques to intercept and record telephonic, electronic, wire, cellular, or oral communications.

Grand jury: A group of citizens chosen to hear charges against persons accused of crime and to determine whether there is sufficient evidence to bring the persons to trial.



Immunity: Exemption from a legal duty, penalty or prosecution.

• Transactional immunity: Blanket protection against prosecution for crimes about which a person is compelled to testify.

• Use immunity: Prohibition against using information provided by a person against him or her, except that prosecution may be pursued using evidence obtained independently of that person’s compelled testimony.

donnie brasco, the real - the mafia going global part 2 / 5http://www.youtube.com/watch?v=J-9-5GD6Km0

donnie brasco, the real - the mafia going global part 3 / 5http://www.youtube.com/watch?v=yE30WLWcyU0

THANK YOU FOR YOUR HARD WORK

CJ350 Organized Crime

welcome cj350 organized crime. welcome thank you for attending our _______. this is a graded...

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