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Social Structural Origins of Organized Crime

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					CRIM 101 Introduction to
     Criminology




 Organized Crime
        John Anderson
Outlaw Motorcycle Gangs

THE PROBLEM OF CRIMINAL
ORGANIZATIONS

                      Organized Crime Lecture, Fall 2011   2
                  Background
   Hells Angels have been identified by Canadian
    Security Intelligence Services (CSIS) as
    exercising “enormous criminal clout”.
     180 chapters worldwide
     Drug trafficking, money laundering, prostitution

     Nanaimo’s HA chapter has 12 full patch members
      and numerous “associates” and “hang-arounds”
     Clubhouse seized in November 2007 under
      provincial Civil Forfeiture Office

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SECTION 1

GENERAL FEATURES OF
CRIMINAL ORGANIZATIONS

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                 Structure of COs
   Insulated leadership
       Orders can never be directly traced to leaders
   Paramilitary structure
       Emblems or titles indicating rank & status
   Internal enforcement elite (Nomads or “the
    fixer”)
     Code of conduct with severe penalties for “ratting
      out” or stealing from other members
     May have counter-surveillance on police

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                 Structure of COs
   Long recruitment process
     May have to commit serious crimes to prove they
      are not associated with police
     Family members are “fast tracked” in the
      organization
   Large pool of potential recruits
       May have to belong to particular ethnic or cultural
        group (Vietnamese gangs, Indo-Canadian, Russian
        syndicates, etc.)

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              Scope of Problem
   One in six homicides is “gang related” (Stats
    Canada, 2006)
   Over 300 street gangs identified in Canada, an
    estimated 11,000 gang members & associates.
   $27 to $69 million is laundered annually.
   Credit card fraud led to losses of $200 million in
    Canada in 2005. Debit card losses amounted to
    $70 million.

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                Scope of Problem
   Motor vehicle theft costs Canadians an
    estimated $1 billion a year.
       About one-third of vehicles are never recovered
   The impact on the global economy of
    counterfeit goods such as CDs and purses is an
    estimated $600 billion a year.




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                Scope of Problem
   Counterfeit & piracy market $533.05B
   Drug trade estimated at $321.6 billion
     No. 1 purchasing country is USA ($290 B)
     No. 5 purchasing country is Canada ($32.2B)

   US Feds seized $1.6B in drug money (2007) at
    US-Mexico border
       US Customs estimates they intercept less than 10%
        of contraband goods and proceeds of crime

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SECTION 2

CONDITIONS NECESSARY
FOR ORGANIZED CRIME

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  Conditions Necessary for O/C
1. A law or laws which make products or services
   illegal to possess or use (e.g., Controlled
   Substances Act; prostitution)
       Controlled Substances Act
           Criminalizes cultivation, possession and/or trafficking in
            cannabis, heroin, cocaine, methamphetamine, etc.
       Copyright Act makes it an offence to make unauthorized
        copies of audio/visual media.
       Consumer Protection Act levies



                      Organized Crime Lecture, Fall 2011                 11
  Conditions Necessary for O/C
2. High demand by the public for contraband
     According to the BC Centre for Addictions
      Research, one in five men have used cannabis in
      the past year (an approximation of “public
      demand”).
3. People motivated to provide contraband
    products and/or services
     Canadian Security Intelligence Service: 900 gangs
      operating in Canada

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    Conditions Necessary for O/C
4. Opportunities for crime:
 Globalization has increased the volume of
   international trade
       Less than 5% of all container cargo entering North
        America is inspected by authorities
   Culture and media depicting the thrill of
    criminal organizations


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  Conditions Necessary for O/C
5. An environment where the benefits of law-
   breaking are perceived to outweigh the risks
   Very high profits from little investment
   Global black market estimated at $1.038 trillion




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SECTION 3

ENFORCEMENT ACTIVITIES


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Enforcement Activities
  Do laws and expenditures on policing
  lead to fewer problems with the illicit
               drug trade?


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            Supply and Demand
   If nations are successful in illicit drug control,
    the price of drugs will increase
   Scarcity leads to higher prices
   Abundance leads to lower prices
   All data in the next slides come from the United
    Nations World Drug Report (2008)



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Worldwide Seizures Up




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Heroin prices down




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Source: Washington Office on Latin America (http://www.wola.org/)
SECTION 4

THE LEGAL REACTION TO
ORGANIZED CRIME

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              Organized Crime
              (Criminal Organizations)
    What is “organized crime” and why is the
     definition an issue?
    1. If four teenagers conspire to break into a home and
       sell what they steal, are they a “criminal
       organization”?
    2. If a corporation conspires to cheat consumers, are
       they “organized criminals”?
    3. If members of the Catholic Church have
       systematically brutalized aboriginal youth in
       residential schools, were they acting as a CO?
                    Organized Crime Lecture, Fall 2011   22
       Criminal Organizations
467.1 A “criminal organization” means a group,
  however organized, that
  (a) is composed of three or more persons in or outside
    Canada; and
  (b) has as one of its main purposes or main activities
    the facilitation or commission of one or more
    serious offences that, if committed, would likely
    result in the direct or indirect receipt of a material
    benefit, including a financial benefit, by the group or
    by any of the persons who constitute the group.
                   Organized Crime Lecture, Fall 2011     23
                Criminal Code
            Definition of Criminal Organization

   It is a crime to participate in a criminal
    organization but what or whom constitutes a
    “criminal organization”? Or…
     How do we know one when we see one?
     Criminal Code defines CO but does not make it an
      offence to be a member of one. jfa




                    Organized Crime Lecture, Fall 2011   24
   (3) In determining
    whether an accused
    participates in or
    contributes to any
    activity of a criminal
    organization, the Court
    may consider, among
    other factors, whether
    the accused…
                   Organized Crime Lecture, Fall 2011   25
   (a) uses a name, word, symbol or other
    representation that identifies, or is associated with,
    the criminal organization;
   (b) frequently associates with any of the persons
    who constitute the criminal organization;
   (c) receives any benefit from the criminal
    organization; or
   (d) repeatedly engages in activities at the
    instruction of any of the persons who constitute
    the criminal organization.

                    Organized Crime Lecture, Fall 2011   26
        Participating in a Criminal
               Organization
   467.11 (1) Every person who, for the purpose
    of enhancing the ability of a criminal
    organization to facilitate or commit an
    indictable offence under this or any other Act
    of Parliament, knowingly, by act or omission,
    participates in or contributes to any activity of
    the criminal organization is guilty of an
    indictable offence and liable to imprisonment
    for a term not exceeding five years.


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SECTION 5

SOLUTIONS TO ORGANIZED
CRIME (DRUG TRADE)

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                  Possible Solutions
   BC Progress Report (2006) addressed the issue
    of organized crime in BC:
       1. Legalize or decriminalize drug use. Make it a
        health issue for medical professionals to treat.
            Removes market from organized crime.
     2. Maximum enforcement capacity, build new
      prisons, longer sentences and greater police powers
     3. Hybrid approach: 10 years of strict enforcement
      followed by decriminalization

                         Organized Crime Lecture, Fall 2011   29
                Civil Forfeiture
What is Civil Asset Forfeiture?
  Creation of a civil cause of action brought
  against illicitly acquired property.
     Based upon civil law concepts dealing with unjust
     enrichment, property rights and compensation.
     Allows the government, using the civil court process,
     to seek the forfeiture of proceeds of unlawful
     activity.


                    Organized Crime Lecture, Fall 2011   30
               Civil Forfeiture

“Property” - What can be seized:
        real property or tangible or intangible
         personal property, including cash
        applies only to property or an interest
         in property located in British
         Columbia

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CONCLUSIONS


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                 Conclusions
   Organized crime thrives on market
    opportunities through globalization and
    international demand for contraband
   Policing/enforcement efforts have not shown to
    be very successful in curbing the activities of
    criminal organizations
   Only two solutions: reduce supply or demand.
    Demand can be reduced by making drug use a
    medical condition to be treated by health-care.
                   Organized Crime Lecture, Fall 2011   33
                           Resources
Links of Interest
   Annual Cannabis Use by Country
   Canadian Majority Would Legalize Cannabis (Angus Reid Poll)
   Canadian Security Intelligence Service
   Havocscope.com: Black Markets
   Hells Angels World
   Legality of Cannabis Use by Country
   Organized Crime (Gov’t of Canada Website)
   National Ant-Drug Strategy
   Sonny Barger – Founder of Hells Angels
   United Nations: World Drug Report



                           Organized Crime Lecture, Fall 2011     34
The End

				
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