Design a National Strategy to Fight Organized Crime.
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Transcript of Design a National Strategy to Fight Organized Crime.
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Design a National Strategy to Fight Organized Crime
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Why is it so hard to fight OC?
1. Lack of evidence (Bosses are never in contact with the drug);
2. Corruption of Law Enforcement and the Judiciary;
3. The criminal organization is drawn by the most prominent financial and political circles.
Result: In the best case, traffickers were tried for illegal possession of firearms
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General Elements for a Strategy
Legal aspects Structure of Police, Prosecutor, Judiciary and
Prison institutions Training of Experts Development of strategies to best apply the
Laws.
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Development of the Legal Aspects
International Context The 1988 Vienna Convention The 2000 Palermo Convention
International best practices
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Does an International Strategy Exist?
The Palermo Convention Development of an International Consensus to reach this Agreement
The 1994 Naples Conference Negotiations in Poland, Argentina and Vienna Signed in Palermo Ratification is ongoing, currently 15 signatories
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Generations of the Laws against Organized Crime
Convention of Palermo
2000
Development of European Legislation
Convention of Vienna
Colombia France Mexico
1988
Rognoni-La Torre Law
1982
R.I.C.O. Law1970
European
LevelInternational
National
Level
Peru
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Minimal Elements to Take into Consideration
To criminalize: a) Either conspiracy or participation in organized criminal groupsb) Organizing, directing, aiding and abetting, facilitating or counseling the commission of serious crime involving an organized criminal group.c) Money launderingd) Corruption e) Obstruction of justice
Measures to:a) institute a comprehensive domestic regulatory anti-money laundering systemb) ensure the ability to cooperate and exchange information on money launderingc) adopt legislative, administrative measures to promote integrity and prevent, detect and punish corruptiond) ensure effective action in anti-corruption including independence of the authorities in charge of anti-corruption activities
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Minimal Elements to Take into Consideration
Measures to (continued):e) create a system of liability of legal personsf) enable confiscation of proceedings and instruments of crimes.g) enable identification, tracing, freezing or seizure and eventual confiscation of proceeds of crimeh) empower courts or other competent authorities to order that bank, financial or commercial records be made available or be seizedi) accept extradition
j) accept mutual legal assistance
k) provide effective protection for witnesses and victims
l) provide access to compensation and restitution for victims
m) encourage persons who participate or have participated in organized crime to collaborate with the justice system
n) develop, to the extent necessary, training programs.
o) assist one another in planning and implementing research and training
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Design of Institutional Structures to Fight Organized Crime
An institutional structure is needed for: Police Police Intelligence Prosecutors Prosecutorial Intelligence Judges Appeal Courts Prisons
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FranceLaw Enforcement Structure
National Office of
INTERPOL
General Directorate of the National Police
Central Directorate of Urban Police
(DCSP)
Ministry of Interior
Customs
Ministry of Treasury
Unit against Clandestine
Financial Circuits(TRACFIN)
Gendarmery
Ministry of Defense
Anti-Terrorism
Unit(UCLAT)
Anti-Mafia Coord. &
Investigation Unit
(UCRAM)
Regional Services of the Judicial
Police(S.R.P.J.)
Police of Paris
(P.P.P.)
Central Directorate of theJudicial Police
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FranceCoordination
Ministry of Interior(Main Coordinator)
U.C.R.A.M.(Field Coordinator)
O.C.R.B.
Search & InterventionBrigade(B.R.I.)
O.C.R.T.I.S. O.C.R.G.D.F. T.R.A.C.F.I.N.
GendarmeryCustoms Judicial Police
DRUGS FINANCIAL CRIMESCYBERCRIMES
VIOLENCE(D.O.)
MONEY LAUNDERINGCLANDESTINE FINANCIAL
CIRCUITS
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FranceProsecution
A tto rn e y 's A ss is ta n ts
A tto rn e y G e n e ra lP ro v in ce
T e rro rismS e c tion
F in a n c ia lS e c tion
A tto rn e y G e n e ra lP a ris
M in istry o f Justice
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U.S.A.Law Enforcement Structure
Department of Treasury
Bureau of Alcohol,
Tobacco & Firearms
Secret Service
CustomsF.I.N.C.E.N.
Department of Justice
Attorney General
U.S. ATTORNEYS
Drug Enforcement
Administration (D.E.A.)
Federal Bureau of Investigations
(F.B.I.)
National Central Bureau of
Interpol
Criminal Division
Office for International
Affairs
Special Investigations
Office
Internal Security Section
Public Integrity Section
Organized Crime &
Racketeering Section
Office of Enforcement Operations
Office
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U.S.A.Coordination
Federal Level White House Office on National Drug
Control Policy Internal Revenue Service Criminal
Investigation Financial Crime Enforcement Network Organized Crime, Narcotics Trafficking
Enforcement Program Directorate of Central Intelligence
Counter-narcotics and Crime Center Law Enforcement Detachments Bureau for Narcotics and Law
Enforcement
State Level (New York) State Attorney General Regional Offices and Division of
State Counsel Criminal Division Medicaid Fraud Control Unit Organized Crime Task Force Civil Recoveries NY State Police Bureau of Criminal
Investigations NY State Division of Criminal
Justice Service
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MexicoInvestigation
In te rp o l
U n it A g a in st M o n ey L a u nd e ring
U n it a g a in stN a rco tics
A tto rn eyG e n e ra l
F e d e ra l J u d ic ia l P o liceS p e c ia liz e d in O .C .
S p e c ia liz e d F o re n s ic S e rv ic es
T e c h n ica l U n ite fo r W ire ta p ing
T e c n ica l C o o rd in a to rC o o rd in a to r
W ire ta p ing H u m a n R ig h ts V io la tio ns
J u d ic ia l C o o rd in a to r
G e n e ra l C o o rd in a to r G e n e ra l C o o rd in a to r
G e n e ra l C o o rd in a to r G e n e ra l C o o rd in a to r
Specia lized U n itAga inst O rgan ized C rim e
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MexicoLaw Enforcement Structure
(Coordination)
Specialized Unit against Organized
Crime
Federal Judicial Police
Public Security Secretariat
Attorney General Office
Federal Prisons System
Federal Preventive Police
Coordination of the Public
Security System Secretariat
Federal System for the Treatment of Juvenile Crime
Defense Secretariat
Counter-narcotics Intelligence Center
Treasury Secretariat
Prosecutor
Unit against Money Laundering
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Institutional Models (centralized or not)
ddcccS. Africa
ddddcdGermany
cdddcdItaly
cdccccSpain
cddcccMexico
cdddcdFrance
cdddcdU.S.A.
Prisons
Appellation
Judiciary
Pro
sec.
O
ffic
e
Inte
llig.
Pol
ice
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Centralization or Not?
Difficulty to understand Laws against Organized Crime New Institutions
Expansive rules Intrusive nature Ultima ratio Building of dams Rationality of decision control
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More Problems to Consider
Corruption of Public Officials More centralization helps to lower the risk of
spreading corruption Oversight of the Offices in charge of fighting
Organized Crime is easier Protection of Judges, Police Officers and
Prosecutors is facilitated
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Criminalization
Organized Crime Conspiracy Membership Others
Corruption Money Laundering (all forms)
Obstruction of Justice Protocol’s Crimes
Trafficking of people Smuggling of migrants Manufacturing and Illicit traffic of firearms
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Means of Fight
Extension of duration for investigation Use of ‘house arrest’ for investigation purposes Collaborating witnesses
Immunity Benefits (punishment reduction) Protection of witnesses No parole without collaboration
Undercover operations and controlled deliveries Telephone and electronic surveillance Financial investigations Seizure and forfeiture of assets
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How to Control its Use?
Challenge: Rationality of decision control
(Less abuse of power)
Without loosing effectiveness.
Recommendation: Critical decisions against people or assets must be concurred by independents equals pre-facto or immediately post-facto. (without adrenaline)
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Control of Decision ModelsU.S.A. (Wire-tapping)
SAC .
FBI Agentrequest ICP
Request
Department of Justice
Washington Control Office
Judge Authorize for 90 days
SAC .
Field Office
U.S. Congress Controlled the number annually
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French Model
Public Prosecutor
Judicial Police
Judge of InstructionAsk for pre-trial detention
48 hrs.
48 hrs more on
Terrorism and Drug
cases
24 hrs PLUS 24 hr
Acusation RoomReview the decision 15 day (maximum)
Judge of Liberty
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Need to Construct Barriers
Laws against Organized Crime are intrusive They are exceptional Could be expansive beyond the precise
language of the law (not desire consequence)Applies to conditions unforeseen
Barriers are fundamental
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What is a Barrier?
Determinate boundaries Who, under what conditions and which
institutions can use the Law against Organized Crime
The internal mechanisms of decision control
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Penitentiary Policy related to Organized Crime
Characteristics: Existence of an appropriate criminal procedure framework to avoid
jurisdiction problems or constitutional complaints The prisons must be located in places of low urban density Avoid penitentiary over population The prisons must have systems to control access in all physical areas The prisons must have double security perimeter:
Internal, in charge of penitentiary custody personnel, External, in charge of penitentiary security personnel with help of the
law enforcement or the army Must exist specialized personnel on convict treatment and security
issues
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Profile of the Penitentiary Population
Convicts with a high dangerous profileand high capacity on organized crime to keep on operation, no matter if he/she is in prison, from inside to outside or vice versa.
Convicts who must be protectedby reason of their testimony or the characteristics of the crimes committed
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Design of Strategies
Goals: Dismantle the organization Limit its effectiveness Seizure and forfeiture of its assets
Understand the organizational nature Determine its International links Determine what means will be applied
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International Cooperation
Police-to-Police
Interpol
Judicial (International Rogatory)
Mutual Legal Assistant
F.I.U. to F.I.U.
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Understand the Limit of each Means
Undercover & Controlled deliveries Electronic Surveillance Collaborating Witnesses Financial Investigations Use every technique of investigation
available.
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The Netherlands Mistake
Undercover Case Using third parties (no police) Created the most important Marijuana
trafficker, who never deal with cocaine
Mistakes on the conception about the organization and mistakes in the
technique used
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The Evidence in Law
In Instantaneous Crimes The fact happens in a moment The evidence consist of proof that these facts
happened Murder as an Example:
Witnesses, ballistic, finger prints, DNA testing, etc...
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The Evidence in Organized Crime
On drug trafficking or Mafia, the bosses rare come in contact with the drugs and rarely kill personally
The Organized Crime group is continuous in its criminal activity
The crimes area continued and continuous
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In Organized Crime Cases, it is NOT Necessary to Prove:
That the boss ordered the crime It is sufficient proof:
that he/she commands or belongs to an organization that trafficks in drugs,
order murders or blackmailing, or engages in certain predicate offenses
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Evidence Integrity(Just like a Gothic Cathedral)
It must be harmonic Trying to build modularly a crime and
linking it to other crimes Proving the existence of an organization Every piece supports other pieces Relating one to each other
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Harmonic Evidence Integration
A collaborating witness’ statement is not enoughIt is also necessary to confirm as far as possible all that he/she says
Electronic surveillance is not enoughIt is hard for prosecutors and judges to interpret and juries can mis-interpret
It’s also necessary to prove a defendants role and membership in the organization
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Recruitment & Training
Strict systems of personnel recruitmentIt can include: use of polygraph analysts, social and economic studies, personality profiling, review of criminal records and appropriate physical health of the candidates
Specialized training of the personnel on all aspects: Initial Training Continuous Training Specialized Training
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The Twin Track
REPRESSION
PREVENTION
Fight the Criminality
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The Twin Track
Repression Law enforcement Sanction and
punishment
Prevention Reducing the risk to
society Intervening in the causes
(proactive approach) Kinds of prevention:
Primary, Secondary and Tertiary, Individual, General and Proactive prevention, among others