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Corruption and Organized Crime

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					Corruption & Organized Crime

       By UN CICP
                   Corruption on the Palermo’s
                           Convention

Article 8
Criminalization of corruption
1. Each State Party shall adopt such legislative and other
     measures as may be necessary to establish as criminal
     offences, when committed intentionally:
(a) The promise, offering or giving to a public official, directly
     or indirectly, of an undue advantage, for the official
     himself or herself or another person or entity, in order that
     the official act or refrain from acting in the exercise of his
     or her official duties;
(b) The solicitation or acceptance by a public official, directly
     or indirectly, of an undue advantage, for the official
     himself or herself or another person or entity, in order that
     the official act or refrain from acting in the exercise of his
     or her official duties….
           Organized Crime link to
                 Corruption
Organized Crime Group     Group of three or more persons that
                          exists during certain time. It acts by
                          previous agreement, with the objective
                          of commiting one or more serious
                          crimes (4 years of jail). With the aim of
                          obtaining financial or other material
                          benefit
O.C. links with Violence The O.C. Groups exert their powers
    and Corruption       through the threat and use of violence
    Information Centralized Systems used
             against O.C. must:

 ID the organizational structure and the
  “company” shape
 ID product/service offered
 ID and block modus operandi (supplying
  logistic, production, marketing and financial
  channels)
  Different levels of relationship
  between O.C. and Corruption

 1st Level: Bribery
 2nd Level: Continuous 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

Organized Crime Group    The bribe is
                          offered or solicited
                          for a single act.
                         For example: to
                          obtain a passport,
                          licenses or to get
                          information
                          designed to enable
    Public Officer
                          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
          The “Custom” Case
Drug Trafficking
    Cartel




                              Border

                    DRUG


Custom Officers
2nd Level: Continuous Acts of
  Bribery (“On the Payroll”)
Organized Crime Group    Bribe payments are
                          ongoing.
                         Ensures a
                          continuous flow of
                          information and
                          protection from
      Periodically
                          police intrusion
                          into criminal
    Public Officer
                          activities.
      Benefits of the Continuous
             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
The “Informer” Case

            Drug Lord


                        Information about:
                        • Court Orders
                        • Raid orders
                        • Operations
Military Officer
      3rd Level: Infiltration Into
        Government Agencies
              (Operative Level)

Organized Crime Group        infiltration is
       Member                 sporadic within
                              lower ranking
                              official positions.
                             OC members and
                              friends gain
                              employment in
                              law enforcement
    Public Officer            agencies,judiciary
                              Prosecutor’s
                              Office and other
                              operations.
             How is Infiltration
              Accomplished?
1) Applying for Job          2) “Buying” the Job
     Vacancies
The O.C. group supports      The O.C. group bribes or
one or more members or
                                blackmails officials to
friends to participate and
                                place its members and
 apply for job vacancies
                              friends in the government
  with the Government.
                                          post.
            The Typical Case

Organized Crime
    Group




                  Contracts

 Local Governor
4th Level: Infiltrating the Government
         (Medium-tactical Level)

Organized Crime Group      This infiltration can
                            encompass entire
                            branches or higher
                            ranking officers.
                           Top Officials in Law
                            Enforcement,
                            Prosecutor’s Office
                            and other sensitive
    Higher Rank             government offices
    Public Officer          are OC members.
     Methods Used to Infiltrate the
     higher levels of Government
   1) Placement of                   2) Control of the Chief
   Corrupted Officers                    of Section/Region
   into Higher Office
The O.C. group use bribery and       Bribery, blackmail and coercion is
   blackmail to support Officers           used to control the chief
   previously corrupted by their          decision-maker of an entire
 organization to higher ranks with      branch of government.OC can
  broader access to information.         continue operating with very
  This “support” is repaid to OC           little risk of discovery or
   with increased protection and            successful prosecution.
    access to more useful secret
         police information
     Benefits of the Infiltration of
             O.C. Groups
 O.C. Groups need support from government
  officials in order to maximize profits
 bribery and extortion are used to influence
  police, judges and other key officials
 OC gains control over entire sectors of the
  economy
                   The “General” Case

       Drug Lord
                                      Rival Drug
                                       Cartels




                            BECAME   Anti-Drug Zsar
       General
Head of a Military Region
              The “Attaché” Case

                       Wife
Military Attache
  to an Embassy                       Organized Crime
                         DRUG             Group




                   Diplomatic Pouch
           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
                Organized Crime Group




Congressmen   Ministers       Politicians        Law Enforcement
                                                   (For Security)
                           (Mayors, Governors,
                                  etc.)
                Democracy


 Inter-related mecanisms to translate
  social preferences into public policies.
Grand Corruption


  Scale
  Actors
  State capture
       Grand Corruption

 Budgets distorted
 Social investment reduced
 Access to the poor is hampered
 Hampers Democracy
  Democracy



Grand Corruption
       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
     The “Representative” Case


Drug Trafficker         BECAME
                                 Representative of National Security




                                 CONTINUED
         Drug Trafficking
        The “Narco-campaign”Case

    Drug Lord

                                          Campaign Treasurer




Former Representative
                        Offer the Money
  Former Diplomat
                                          Presidential Candidate
              The “Governor” Case


Drug Trafficker         BECAME

                                          Senator




                                             BECAME
                   CONTINUED   Governor of Touristical State
Drug Trafficking
The “Sixty-Million” Case

 Drug Traffickers
     Group
                    To let them “Work”


        60
       MM
       US$



    Politicians
     Measures to avoid the Political
      Infiltration of O.C. Groups
 The State should increase financial support of political
  parties and campaigns
 Strengthening the laws of media concentrations, combating
  monopolies
 Increasing the transparency of contributions
 Public disclosure of candidate background including
  criminal records and links
 Strengthening banking and securities’ regulatory capacities
          Best Practices in the
     Eradication of Organized Crime
 An appropriate legal framework making it possible to fight OC
  effectively by following the Palermo Convention standards -(e.g. bank
  and securities regulations, witness protection laws, RICO-type statutes);
 Compatible-harmonized legal norms among states;
 Harmonize, enhance, and coordinate international law enforcement
  efforts and capabilities;
 An informed media with the capacity to address the issue with
  sophistication while promoting democratic approaches in the fight
  against O.C.;
 An informed population ready to fight the issue. This includes the
  development of significant literature to keep the citizenry informed;
 Schools incorporating civic tools into their curricula to counteract OC
  activities;
The Link Between Organized Crime
         and Rule of Law




      Source: World Bank and World Economic Forum 2000.
The Link Between Organized Crime
  and Corruption in Legal System




Source: World Economic Forum, 2000 (organized crime and corruption in legal system)
         The Link Between Organized Crime and
        Enforcement of the Banking and Securities
                      Regulations




Source: (University of Vrginia Center for International Law and Economic Development--CILED Index) and World
        The Link Between Organized Crime
            and Regulatory Discretion




Source: World Economic Forum 1998 (regulatory discretion) and World Economic Forum 2000 (organized crime)
            Anti-Corruption on Internet

  http://www.odccp.org/corruption_toolkit.html




Anti-Corruption Tool Kit   Anti-Corruption Publications

				
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