Comparative
Criminal Justice
Systems
Transnational Organized Crime
Dammer and Fairchild
Transnational Organized Crime
A continuing criminal enterprise that rationally works
to profit from illicit activities that are often
in great public demand.
Its continued existence is maintained through the use
of force, threats, monopoly control, and/or
the corruption of public officials.
Entrepreneurial Rationale
“ Like legitimate business,
transnational criminal enterprises
are embracing globalization
by adopting new communication
and transportation technologies
which allow them to pursue global markets.”
(Center for Strategic and International Studies, 2001)
Transnational Crime Problem
Worldwide
Major issues creating the rise of
transnational organized crime:
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Globalization of the world economy, i.e., downfall of the Soviet Union
and the switch to a free-market economy in China
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Emerging democracies
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Economic independence throughout the world
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Opening of the borders for trade and travel
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Seamless electronic environment
The Scope of Organized Crime
Organized crime involves two types of activity:
Provision of illicit goods and services
and/or
Infiltration of legitimate business
Provision of Illicit Goods and Services
(Enterprise Syndicates)
Traditional Activities:
Harm
Consensual Activities*
No Inherent Violence
Economic Harm
* Between the organized crime
group and the customer.
Gambling, loansharking,
prostitution, narcotics,
stolen property
Contemporary Activities:
Theft of intellectual property, illicit
arms trafficking,
money laundering,
and trafficking in persons
Infiltration of Legitimate Business
(Power Syndicates)
Traditional Activities
Harm
Nonconsensual Activities
Threats, Violence, Extortion
Coercive use of legal
businesses for purposes of
exploitation
Contemporary Activities
Economic Harm
Bankruptcy fraud, insurance
fraud, extortion by computer
Violence
The use of violence occurs as either a part of an
extortion scheme or else to enforce “agreements.”*
Threats and actual violence have several objectives:
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Intimidate outsiders
Terror/fear directed at potential informers
Discourage competition
Settle disputes
* Agreements to provide illegal products cannot be enforced in court.
Organized Groups

Pre-existing social or culturally-based groups: Groups that
have ongoing hierarchical structures from “bosses” to
“soldiers,” longstanding criminal activities due to their
influence in a local area, socialize as a group and engage in
neighborhood life apart from crime, i.e., Mafia groups, Yakuza.

Groups that emerge to exploit a specific criminal opportunity:
Entrepreneurial, small, inter-ethnic ad hoc groups with limited
hierarchy and limited group cohesiveness. Networking among
groups occurs when needed to carry out a criminal activity,
i.e., Russian Mafia, Ukraine, and South African groups.
Selected Regions and
Transnational Crime

EUROPE: a continent in transition with the European Union (EU)
expanding from 15 to 25 countries. EU member states report the
existence of 4,000 organized crime groups with approximately
40,000 members in 2003 (Europol, 2003). Groups include:
traditional European groups, ethnic Albanian groups, Russian
groups, Turkish groups, Nigerian groups, Colombian groups,
Chinese groups, Moroccan groups, and the Accession states –
Poland, Estonia, Lithuania, Romania, and Bulgaria, and finally, the
“Stans.”
Selected Regions and
Transnational Crime

CENTRAL ASIA: developing countries rich in resources, i.e.,
water and oil. However, influenced by corrupt governments,
longstanding ethnic divides, and a geographic location
between major drug producing regions. Kazakhstan,
Tajikistan, Turkmenistan, Uzbekistan, and Kyrgyz Republic. At
high risk for organized crime problems.

SOUTH AFRICA: organized crime involve a “loose and highly
interchangeable association of people,” which include
government officials and businesses,” responsible for $8
billion dollars of “dirty money” flowing through South Africa.
Corruption
Corruption is the abuse of a position of power for
illegitimate private gain, i.e., conflict of interest,
embezzlement, bribery, political corruption,
nepotism, or extortion.
Factors which contribute to corruption:
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A weak government
Weak accountability in government agencies
Low pay of civil servants
Corruption in the criminal justice system
Influence of organized crime
Response to
Transnational Organized Crime
The best example of international cooperation
against organized crime is the
United Nations Convention Against Transnational Organization
(signed by 147 countries in 2003).
The goals of the Convention are to develop and monitor binding
agreements which target measures that include:
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criminalizing participation in a criminal group
money-laundering laws
extradition laws
mutual legal assistance
specific victim protection measures
law enforcement provisions
Predictions About
Transnational Crime Issues
Computer Crime
Human Trafficking and Migrant Smuggling
Terrorism
Human Trafficking
and Migrant Smuggling
With the opening of international borders,
the globalization of the economy,
and improvements in the ease of
travel and communications
has come a significant increase in problems related
to human trafficking and migrant smuggling.
Increased problems include the exploitation of groups of
individuals who are impoverished and vulnerable and who
seek a better alternative to their current life situation.
Human Trafficking
The illegal sale or trading of persons across borders
against their will for financial gain.
Estimates* note that the number of women and children
trafficked each year is between 700,000 and 2 million
with most of them coming from Southeast Asia, Latin
American, and Eastern Europe (Richard, 2000).
* It is extremely difficult to determine the true extent of the problem.
Human Trafficking and Its Impact
Human trafficking results in the
following negative consequences:

Promotes social breakdown
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Fuels organized crime

Deprives of human capital
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Undermines public health
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Subverts government authority
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Imposes enormous economic costs
Migrant Smuggling
Migrant smuggling is
“the procurement, in order to obtain, directly or
indirectly, a financial or other material benefit, of the
illegal entry of a person into a state party of which
the person is not a national or permanent resident,”
(Article 3 of the UN Protocol against the
Smuggling of Migrants by Land, Air and Sea).
Migrant Smuggling
In contrast to human trafficking, migrant smuggling varies in one
important way – victimization.
In the case of migrant smuggling the person involved
“voluntarily” submits to being engaged in criminal activity.
Factors such as economic deprivation, political instability,
and ethnic strife, motivate individuals
to cross borders in search of a better life.
Restrictions by governments on the flow of immigration
has therefore created a lucrative business
in the form of migrant smuggling.
Illegal Migrants

Estimates place about 300,000 people smuggled into
western Europe each year.
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Russian migration officials estimate that up to 2 million
Asian and African illegals are living in Russia.
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In the United States, approximately 10.3 million illegal
migrants were estimated to be living in the U.S.; 57%
Mexican, 24% Latin American, 9% Asian, 6%
Europe/Canada, 4% African-other.
(Task Force Report, 2005; Pew Hispanic Center based on
2004 Current Population Survey and 2000 Census).
Computer Crime
Cybercrime has spread from minor crimes of
consumer fraud to major crimes that affect
national security systems.
The major problem is that computer networks
and the Internet do not recognize
international boundaries.
Computer Crime
Two types of computer crime are generally acknowledged:
(1) a crime in which the computer is used as a tool, or,
(2) a crime in which the computer is used as a target.
Categories of computer crime include:
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Violations of or into telephone systems
Violations of or into major computer networks, i.e., viruses to damage
or destroy data
Computer privacy (pirating of licensed software)
Industrial espionage
Cyber crimes: cybertheft, cyberstalking, cyberbanking fraud,
cyberporn, cyberterrorism
Terrorism
(Major Issues)

A complex international response, i.e., Interpol, Europol, and
United Nation Security Council resolutions, G8 and G20 groups,
and bilateral agreements.
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Military and police issues, i.e., small cell groups spread around
the globe.
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Adjudication – crime and punishment and the rule of law versus
humanitarian law and international human rights. An old problem
with new players.
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The growth and collaboration of traditional criminal enterprises,
i.e., Russian Mafia, Triads, and Mexican and Columbian drug
gangs - beginning to link political extremism with their propensity
towards transnational crimes. Inter-ethnic networking.
Terrorism
(Major Issues)

Weapons of mass destruction which include nuclear, chemical,
or biological (bacteria, viruses or toxins) weapons.
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Cyberterrorism which includes computer viruses and complex
systems that infiltrate defense systems, cutting water supplies,
and disrupting transportation systems.
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Evolving technologies: Electromagnetic pulse technologies,
plastics which can be converted into weapons, and liquid
metal embrittlement technology.