Design a National Strategy to Fight Organized Crime

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

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.

Development of the Legal Aspects

International Context The 1988 Vienna Convention The 2000 Palermo Convention

International best practices

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

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

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

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

Design of Institutional Structures to Fight Organized Crime

An institutional structure is needed for: Police Police Intelligence Prosecutors Prosecutorial Intelligence Judges Appeal Courts Prisons

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

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

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

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

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

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

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

Institutional Models (centralized or not)

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Prisons

Appellation

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Pro

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Pol

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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

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

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

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

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)

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

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

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

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

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

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

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

International Cooperation

Police-to-Police

Interpol

Judicial (International Rogatory)

Mutual Legal Assistant

F.I.U. to F.I.U.

Understand the Limit of each Means

Undercover & Controlled deliveries Electronic Surveillance Collaborating Witnesses Financial Investigations Use every technique of investigation

available.

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

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...

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

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

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

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

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

The Twin Track

REPRESSION

PREVENTION

Fight the Criminality

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