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 Organized Crime Lecture, Fall 2011 3 SECTION 1 GENERAL FEATURES OF CRIMINAL ORGANIZATIONS Organized Crime Lecture, Fall 2011 4 Structure of COs Insulated leadership Paramilitary structure Orders can never be directly traced to leaders 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 Organized Crime Lecture, Fall 2011 5 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.) Organized Crime Lecture, Fall 2011 6 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. Organized Crime Lecture, Fall 2011 7 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. Organized Crime Lecture, Fall 2011 8 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 Organized Crime Lecture, Fall 2011 9 SECTION 2 CONDITIONS NECESSARY FOR ORGANIZED CRIME Organized Crime Lecture, Fall 2011 10 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 Organized Crime Lecture, Fall 2011 12 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 Organized Crime Lecture, Fall 2011 13 Conditions Necessary for O/C 5. An environment where the benefits of lawbreaking are perceived to outweigh the risks Very high profits from little investment Global black market estimated at $1.038 trillion Organized Crime Lecture, Fall 2011 14 SECTION 3 ENFORCEMENT ACTIVITIES Organized Crime Lecture, Fall 2011 15 Enforcement Activities Do laws and expenditures on policing lead to fewer problems with the illicit drug trade? Organized Crime Lecture, Fall 2011 16 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) Organized Crime Lecture, Fall 2011 17 Worldwide Seizures Up Organized Crime Lecture, Fall 2011 18 Heroin prices down Organized Crime Lecture, Fall 2011 19 Source: Washington Office on Latin America (http://www.wola.org/) SECTION 4 THE LEGAL REACTION TO ORGANIZED CRIME Organized Crime Lecture, Fall 2011 21 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. Organized Crime Lecture, Fall 2011 27 SECTION 5 SOLUTIONS TO ORGANIZED CRIME (DRUG TRADE) Organized Crime Lecture, Fall 2011 28 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 Organized Crime Lecture, Fall 2011 31 CONCLUSIONS Organized Crime Lecture, Fall 2011 32 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