1. 11
Controlling Organized Crime

2. 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.

3. 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.

4. 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)

5. 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.

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

7. 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.

8. 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.

9. 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.

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

11. 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.

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

13. 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.

14. 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.

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

16. 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

17. 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.

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

19. 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.

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

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

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