Mobilising ‘bright’ networks to disrupt
organised crime on the waterfront
Russell.Brewer@anu.edu.au
Overview
ƒ Methodology
ƒ Dark networks and legitimate actors
ƒ Bright networks and gatekeepers
ƒ Mobilising law on the waterfront
Methods: a comparative approach
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Adelaide
Canberra
Melbourne
Sydney
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Long Beach
Los Angeles
Oakland
San Francisco
San Diego
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Dark networks and legitimate actors
Dark Networks as Problems (Raab & Milward 2003, p.416)
ƒ Reciprocal relationships between bright and dark networks
ƒ Criminal networks extend into the licit world for support
ƒ Whilst structurally at the periphery of the network, legitimate actors
can often be pivotal in the pursuit of illicit gains
ƒ The maritime transport industry acts as a gateway for the entry of
illicit commodities into Australi
“While it is accepted that the majority of individuals involved in the
maritime sector are focused on legitimate activity vital to the
Australian economy, there are a number of groups and individuals
who are exploiting vulnerabilities within these environments to
undertake criminal activities.”
Australian Crime Commission 2009, p. 4
“The extent of criminal infiltration is subject to organised crime’s ability to
recruit and utilise criminally complicit port workers.”
Australian Crime Commission 2009, p. 7
ƒ Serious criminality on the waterfront
• Illicit drug importation
• Money laundering
• Firearms and weapons movement
• Smuggling flora and fauna
• Theft
• Tobacco smuggling
• Mislabelled/counterfeit goods
• Tax/duty evasion
“Criminality within the port environment is spread across the
various work and skill types, and involves a range of industry
groups within or linked to the maritime sector.”
Australian Crime Commission 2009, p.4
Bright networks and gatekeepers
ƒ Legitimate actors well positioned to play an integral role in the
crime control efforts of bright networks
ƒ Gatekeeper liability (Kraakman 1986)
• Enlisting third parties and their associates as ‘defacto cops on
the beat’
ƒ Maritime industry participants positioned to enable criminal activity,
as well as stymie any such misconduct
“We know everyone who is supposed to be walking around the
port. We represent 11,000 eyes and ears on the waterfront.”
Senior official, Maritime Union of Australia
Mobilising the law on the waterfront
ƒ State and non-state actors come together in bright networks
• Relationships formalised through legislation, MoUs and
informal agreements
ƒ Legal intelligence is a significant issue when considering the
efficacy of bright networks
ƒ Impossibility of crafting an effective system of legal intelligence?
References
Australian Crime Commission 2009, Submission to the Parliamentary Joint
Committee on the Australian Crime Commission, Inquiry into the Adequacy of
Aviation and Maritime Security Measures to Combat Serious and Organised
Crime, Canberra.
Black, Donald 1980, The Manners and Customs of Police, Academic Press, New
York.
Kraakman 1986, ‘Gatekeepers: The Anatomy of a Third-Party Enforcement
Strategy’, Journal of Law, Economics and Organization, 2(1), p 53-104
Raab, Jorg & Milward Brinton 2003, ‘Dark Networks as Problems’, Journal of Public
Administration Research and Theory, 13(4), pp 413-439