11 Controlling Organized Crime

The Police Response Role of police in a democratic society is deliberately structured in a fragmented de-compartmentalized manner. (Federal, States and municipalities.) Constitution is the most significant foundation of modern policing. Purpose is to control the government's ability to intervene in the personal matters of people.

Undercover Operations Agents used in covert operations against organized crime. (Training class) Proactive in fighting crime. Learn the role of persons involved in criminal rackets. Learn the locations where criminal discussions take place. Identify resources used by organized crime members.

Informants Defined as anyone who provides information about a criminal case who is not a complainant, witness, or victim. Management of informants has inherent problems. Many informants have a “drifting” allegiance. (Crim B8 – 14 Tips)

Intelligence Operations Criminal investigations are reactive in nature. Intelligence investigations are proactive. Criminal investigation case files are open. (When introduced in a trial become public record.) Result of criminal investigation is arrest and prosecution.

Legal Initiatives Against Organized Crime The 1986 Money Laundering Control Act. Useful in combating organized crime.

Legal Initiatives Against Organized Crime Made it unlawful to engage in: Further criminal acts such as drug trafficking. Conceal funds associated with these activities. Avoid currency reporting requirements of the 1970 Bank Secrecy Act.

Electronic Surveillance 1968 – the federal electronic surveillance or wiretap statute has proved to be a valuable investigative tool in the fight against organized crime. Title III Allows for ex parte or third party surveillance of persons suspected of some crimes.

Asset Forfeiture The loss of ownership of property derived from or used in criminal activities. Two types of forfeiture: Civil Legal proceeding against a specific type of property believed to be used in a criminal activity. Burden is on the “property owner” to bring a lawsuit and prove legitimacy of obtaining the property.

Asset Forfeiture Criminal Action taken against a defendant accused of racketeering, money laundering, or drug trafficking.

The RICO Statute Racketeer Influence and Corrupt Organization Act A person who is a member of an enterprise that has committed any two of thirty-five crimes – 27 federal crimes and 8 state crimes – within a 10 year period can be charged with racketeering.

The RICO Statute Advantages of RICO Stiff penalties, attractive to prosecutors for organized crime, and forfeiture provisions.

The Continuing Criminal Enterprise Statute Another strong weapon against organized crime. Prosecution under this statute requires proof of five elements: Defendant's conduct must constitute a felony violation of federal narcotics laws. That conduct must take place as part of a continuing series of violations.

The Continuing Criminal Enterprise Statute Prosecution under this statute requires proof of five elements: The defendant must undertake this activity in concert with at least five other people. The defendant must act as the organizer, manager, or supervisor of this criminal enterprise. The defendant must obtain income or resources from this enterprise.

The Continuing Criminal Enterprise Statute Prosecution under this statute requires proof of five elements: The defendant must

Conspiracy Laws An agreement between two or more persons who have a specific intent either to commit a crime, and make an overt act towards the completion of that crime. Chain Conspiracies Wheel Conspiracies Enterprise Conspiracies

Comprehensive Drug Abuse Prevention and Control Act Known as the Controlled Substances Act. Provisions: Mechanisms for reducing the availability of dangerous drugs. Procedures for bringing a substance under control.

Comprehensive Drug Abuse Prevention and Control Act Provisions, continued: Criteria for determining control requirements. Obligations incurred by international treaty agreements.

Evaluating Efforts to Control Organized Crime Headhunting Strategy of going after crime bosses. Headhunting Strategy “Flipping” Arresting a low level offender on a minor charge with the goal of securing their testimony.

Evaluating Efforts to Control Organized Crime Headhunting Problems with Headhunting Strategy: Little impact on organized crime. Involves targeting the easiest cases.

Why Won't It Die? Organized crime is a “social parasite.” If all were arrested, more will fill the void.

The Future of Organized Crime Language Barriers Distrust by Ethnic Communities New Criminal Groups Reducing Public Demand Increased Treatment