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Chapter I

Concept of Organized Crime

Learning Contents

A. Introduction

B. Definitional Problem

C. Definition of Organized Crime

D. Attributes and Characteristics of Organized Crime

E. Aspects of Organized Crime

F. Types of Organized Crime

G. Elements and Criterion of Organized Crime

H. Organized Crime Code of Conduct

I. Phases of organized Crime

J. Structure of Organized Crime

K. Essential Composition of Organized Crime

L. Types of Organized Crime Model

M. Money Sources of Organized crime

N. Effects of Organized Crime

O. Organized Crime Group Typologies

P. Controlling Organized Crimes

Specific Objectives

At the end of the lesson, students should be able to:

1. understand and comprehend the meaning, attributes and


features of organized crime;

2. identify the types of organized crime and come up with


critical action that may be considered to address these
organized crimes;

3. identify the elements, criterion and phases of organized


crime;

4. identify the organized crime code of conduct;

5. identify the types of organized crime model


6. identify the money sources of organized crime;

7. identify and understand the structure of organized crime


and typologies of organized crime group;

8. identify and understand the effects of organized crime;


and

9. know ways on how to control organized crime.

I. Introduction that would be the necessary threshold, and in terms of


mental state, as Cressey (1969) put it, no one knows how
The crimes in the modern world represent the latest
or wants to criminalize an "attitude" (which is the
and the most dangerous manifestations of the something-
requisite mental state for becoming an organized
for-nothing-complex problems of society. This includes
criminal).  The organized criminal mindset may very well
Organized Crimes, White-Collar Crimes, Conventional
involve a "degree" or "spectrum" as Albanese (1989)
Crimes, and the Victimless Crimes.
points out.
Organized Crime is an American invention that has
been superimposed European crime landscape. It
becomes a criminal activity by an enduring structure or III. Definition of Organized Crime
organization developed and devoted primarily to the The following are the definitions of Organized crime:
pursuit of profits through illegal means. It is sometimes
referred to as the “MOB’’, “MAFIA”, SYNDICATE” or the Criminological Definition
“COSA NOATRA”, “the5TH ESTATE” or the “CRIME In the eyes of CRIMINOLOGISTS, it is criminal activity
CONFEDERATION” by a group of personsthat relies on or is prepared to use
Organised crime is a globalproblem that takes more violence, corruption of public officials, penetration of the
than £500 billion a year out of the legitimate world legitimate economy and/or of the political process for
economy. The problem is so great that in 2000 the United material benefitwhich requires complex/sophisticated
Nations General Assembly passed the United Nations methods of investigation/prevention. (Von Lampe, Levi et
Convention against Transnational Organised Crime and its al)
Protocols.
In the UK, police estimate organized crime involves
Law Enforcement Definition
up to 38,000 people operating in 6,000 various groups. In
In the perception of law enforcement agencies,
addition, due to the escalating violence of Mexico's drug
Organized crime is:
war, the Mexican drug cartels are considered the
- crime committed by two or more perpetrators,
"greatest organized crime threat to the United States"
who are aware of each other’s existence and general role,
according to a report issued by the United States
and who are acting in concert
Department of Justice.
- serious crime – as determined by potential or
actual harm
NOTA BENE: The term Cosa Nostra (literally means “one thing”) or
- crime committed repeatedly, and
mafia is use to signify organized crimes, and one of the varieties
names for either mob or syndicate. - motivated by the prospect of material (usually
financial) gain
To the police,organized crime occurs when two or
II. Definitional Problem more persons consort together on a continuing basis to
A variety of definitions exist and although no one- participate in illegal activities, either directly or indirectly,
sentence definition is agreed upon. for gain.
Organized crime and often criminal organizations are
terms which categorize transnational, national, or local International Definitions
groupings of highly centralized enterprises run The following are the international definitions of organized
by criminals, who intend to engage in illegal activity, most crime:
commonly for monetary profit. Some criminal
organizations, such as terrorist organizations, are 1. Abadinsky Definition (The best and most-cited)
politically motivated. Sometimes criminal organizations Organized crime is a non-ideological enterprise involving a
force people to do business with them, as when a gang number of persons in close social interaction, organized on a
extorts money from shopkeepers for so-called hierarchical basis, with at least three levels/ranks, for the
"protection".  Gangs may become disciplined enough to purpose of securing profit and power by engaging in illegal
be considered organized. An organized gang or criminal and legal activities.
set can also be referred to as a mob.
Whatever be the name, the organization is known to 2. UNTOC Definition
be formal, with division of labor, with coordination of Organized Crime is characterized as a structured group of
activities through rules and codes and with allocation of tree or more persons existing for a period of time and
task in order to achieve illegitimate goals. The acting in concert with the aim purpose of committing one
organization seeks profit from crimes and tries to prevent or more serious crimes or offenses established pursuant to
itself from threats, prosecution, and even punishment the said convention, in order to obtain, directly or
from legal authorities. indirectly a financial or other material benefits. (Article
The definitional problems have created legal 2(a), United Nations Convention against Transnational
problems.  At law, a criminal statute normally details a Organized Crime-Palermo, Italy-2000)
certain act (actus reus) and mental state (mens rea).  This is
next to impossible with organized crime because no one
knows how to precisely measure the degree of corruption
3. United States, the  Organized Crime Control A. Attributes of Organized Crime
Act  (1970)Definition To develop a workable definition of the term
In the United States, the Organized Crime Control organized crime, a number of dimensions or attributes can
Act (1970) defines organized crime as "The unlawful be identified that tend to describe the function and
activities of [...] a highly organized, disciplined structure of the phenomenon. Understanding these
association [...]". attributes as part of a framework is helpful in developing a
workable definition of the term. The following are a
4. United Nation Definition compilation of attributes offered by various scholars.
Organized Crime is a form of economic commerce that used 1. Are non-ideological- Abadinsky (2002), argues that
illegal means, involving the use of, inter alia, physical force organized crime is non-ideological; that is, its members
and violence, extortion, intimidation or corruption as well don't care what the cause is, as long as everybody makes
as the provision of illicit goods and services. money.  When a criminal group is non-ideological, it
possesses no political agenda of its own,economic gain is
5. World Ministerial Conference On Organized and the primary goal. Unlike some terrorist groups, for
Transnational Crime Definition example, which espouse very specific political motives, the
Organized Crime is a systematically planned and prepared non-ideological criminal group is motivated by profit.
criminal act committed through distributing responsibilities 2. Are hierarchical structure- Experts are in widespread
among members of a criminal organization, through long agreement that organized crime groups are highly
term activities, using intimidation, violence, and corruption structured in a hierarchical fashion with an order of
regardless of national boarders for the purpose of financial authority. More controversial is the question of how highly
profit or social power. structured these groups are. Such groups are headed by a
few top leaders, while the majority of the rank-and-file
6. Interpol Definition members are low level and subservient. The Italian La Cosa
Organized Crime is any enterprise or group of persons Nostra, the Hell’s Angels motorcycle gang, and the Black
engaged in a continuing illegal activities which has its Guerilla Family prison gang are all considered organized
primary purpose the generation of profits and crime groups, and all have a self–hierarchy of command.
continuance of the enterprise. NOTA BENE: Criminal activity as a structured group is
In 1993 Paul Nesbitt of Interpol define it as any group referred to as racketeering and such crime is commonly
having a corporate structure whose primary objective is to referred to as the work of the MOB.
obtain money through illegal activities, often surviving on 3. Have limited and exclusive membership - A limited or
fear and corruption. exclusive membership is another attribute of organized
crime groups. Criminal leaders are selective as to who
7. US Federal Bureau of Investigation Definition become members. After all, if not careful, the crime group
Criminal and conspiratorial enterprises whose illegal could accidentally recruit police informers, undercover
activities and influence transcend national boarders for agents, or rebels working on behalf of other criminal
the purpose of generating illegal income with the use of organizations. As a rule, this attribute refers to ethnic
background, kinship, race, long-time friendships, prison
intimidation, corruption and violence.
relationships, or other variables that make the recruit an
attractive candidate for membership. One’s abilities can
8. German Federal Police Definition also be a factor. For example, the ability to fight,
It is the planned violation of the law for profit or to acquire willingness to engage in criminal acts, the ability to keep
power which offenses are each, or together, of major secrets, and the ability to follow orders are also important
significance, and are carried out by more than two to organized crime leaders.
participants who cooperate within a division of labor for a 4. Are self-perpetuating (i.e., continues over time)-
Organized crime groups are self-perpetuating, which
long or undetermined time-span using commercial
means that they are designed to persist through time
structures, violence, intimidation, influence on politics, beyond the lives of current members. When members are
media, and legitimate economy removed either by dying or being sent to prison, they are
easily replaced with new recruits eager to gain acceptance
Difference between Organized Crime Group and Syndicated by the group arid to continue the illegal enterprises of the
Crime Group organization.
Actually there is none, probably only misuse of Conklin (2010) argues the key characteristic is continuity,
words. or the ability of these kinds of organizations to survive and
Under Sec 23 of RA 7659 a syndicate is a group of achieve permanence from generation to generation. 
two or more persons collaborating, confederating or 5. Are willing to use violence (or the threat of it) and
mutually helping one another for purposes of gain in the bribery- The use of illegal violence and bribery is a
commission of any crime. hallmark of organized crime groups.
a. Violence is essential to ensure compliance with
Organization –Itis a complex set of people and functions interrelated the rules of the organization and to safeguard
in hierarchical structure specifically for the purpose of attaining the attainment of organization goals. Although
goals. used only when necessary, violence results in
both specific discipline and as a general
Syndicate –Itis a body of persons associated for some design and message for others.
undertaking which is usually a bold and difficult one. b. Bribery is another important component of the
protection of criminal enterprises and the
NOTA BENE: By its descriptive definition, one can safely deduce that secrecy of members. As with the use of
a group maybe a syndicate but may not always be an organization violence, bribery is used only when needed.
6. Governed by explicit rules and regulations- Rules and
regulations are an important attribute in organized crime.
IV. Attributes and Characteristics of
Like legitimate business, successful organized crime
groups have established rules and regulations to which
Organized Crime members must adhere. Some of these rules and
regulations are simply procedures related to a particular
illicit enterprise, such as how betting slips and money are 4. The key characteristic is corruption; that organized crime
transferred to a central gambling bank. Others are often operates along a continuum in this regard, slowly eating
simply common sense, such as a code of silence and away at the integrity of legitimate social institutions. 
prohibited behavior for members (e.g., rules against drug (Albanese-2002 and Hagan-2010)
use by members in some drug syndicates). Most of the 5.  Organized crimes is best analyzed as a business operation,
larger organized crime groups, such as the La Cosa Nostra, organized crime involves:
the Cali cartel, and the Hell’s Angels, have well-enforced 1. Marketing Techniques -threat, extortion, smuggling.
rules and regulations. 2. Product Line - drugs, sex, gambling, loan-sharking,
7. Muscle Tactics Monopolies (Monopolistic) - The group will pornography, or other outlawed items. 
strive to be in control of a particular criminal racket or The business system resembles a legitimate business
even legitimate enterprise. The word monopoly also enterprise, and will even have a corporate executive
implies that to increase profits, free trade will be structure, a staff of assistants, and accountants.  It's
restrained. Such is the case with organized crime. We important to remember, however, that this kind of business
should point out, however, that not all criminal rackets are was originally built up by force, intimidation, or threat.   The
conducive to monopolization, as will be seen with the members of such a business are really gangsters.  In many
fragmented nature of the illicit drug trade. cases, they are evolved professional criminals who
8. Demonstrate a specific division of labor - As with many exemplify the mystique glamorized by legendary figures in
legitimate business enterprises, organized crime groups history -- people such as: Al Capone, Meyer Lansky, and
make use of specific functional positions that are filled by Lucky Luciano.  Their underworld system survives by
the members who are most suited for the task. This pretending to be legitimate business or by infiltrating
division of labor is evidenced by the positions of enforcer, (through immunity and protection rackets) legitimate
money movers and corruptors, each of whom is delegated business.  The following table provides some simple
with specific tasks to further organizational goals. The distinctions between the two types of business.
problem of competition creates the need for organized
crime to be monopolistic in nature. Legitimate business Illegitimate business
According to abadinsky-2002 and Cressey-1969; 1972, the
key characteristic is the highly-developed division of labor -- Food products Gambling
so highly-developed, in fact, that its mode of organization Real estate Bookmaking
could well serve as a better model for business and Restaurants Narcotics
making money. 
Garbage disposal Loansharking
9. It constitute a unique subculture
Produce Labor racketeering
NOTA BENE:We should point out that none of these Garment Extortion
attributes alone serve as definitions of organized crime, manufacturing Alcohol
but collectively, they paint a picture of the organized Bars and taverns Kidnapping
crime group. Next, we consider the meaning of each of Waterfront
these attributes. Securities
Labor unions
B. Characteristics of Organized Crimes Vending machines
Organized crimes refers to the unlawful activities of
the members of a highly organized, disciplined
organization engaged in supplying illegal goods and Characteristics of Organized Crime (Maltz (1990; 1994)
services, including but not limited to gambling, 1. Corruption
prostitution, loan sharking, narcotics, labor, racketeering, 2. Violence
and other illegal operations of the organization. 3. Sophistication
1. The group may be characterized as persons of decent 4. Continuity
character, with formal education, having its own social 5. Structure
classes from gangsterism to racketeering. 6. Discipline
2. Membership in organized crime can be by kinship or 7. Ideology (or lack thereof)
friendship, and that even non-members may be involved 8. Multiple Enterprises
on a contingency basis.  9. Involvement in legitimate enterprises. 
◦ Permanent membership is restricted, however,
to those who are active in pursuit of the Other Characteristics of Organized Crimes
organization's goals.  1. It is a conspiracy activity involving coordination of
◦ Regular membership as well as discipline is members.
controlled by bribery, extortion, violence, and 2. Economic gain is achieved through legal or illegal means
murder (or at least the reputation for using 3. Employs predatory tactics such as intimidation, violence
these methods).  and corruption.
◦ There is usually some attempt to allow 4. Effective control over members, associations, and
members to functionally specialize by skill, victims.
although jack-of-all-trades offenders are quite 5. Organized crimes does not include terrorist dedicated to
common.  political change.
◦ The organization perpetuates itself even after
key members have gone.  Organized crime may also have the following incidental, but non-
◦ Rules and regulations are very explicit.  essential characteristics:
◦ Organized crime hates competition; it always 1. Committed by a criminal group that is structured like a
seeks a monopoly.  business
◦ Life in organized crime involves life in a unique 2. A division of responsibilities
subculture.  (Abadinsky, 2002) 3. The leaders of the criminal group have disciplinary
3. The corruption of public officials which assures continuity authority over other members of the group
of operations as well as protection from 4. Facilitated by the use, or threatened use of violence,
competition.  (Albanese -2002 and Finckenauer-2005) blackmail, extortion, intimidation or corruption
5. Accompanied and supported by money laundering
6. Traverses national and international boundaries a. The syndicates create their own business
7. Committed by the use of sophisticated or complex procedure.
transactions b. They avoid using violence.
c. Society knows these syndicate members as
V. Features and Aspects of Organized Crime respectable citizens and high status persons.
d. They operate in bigmetropolitan areas.
e. The leaders gather at fixed place to discuss
A. Features of Organized Crime problems.
1. Rank and Responsibilities 5. Gang Criminality- the Gangs are operating on a large
2. Syndicates and Enterprise scale.Hard criminals are the member of this.They don’t
3. Leadership Styles hesitate to kill or use of violence.They use modern
arms.These criminals are disciplined but dangerous.
B. Aspects of Organized Crime 6. Racketeering - It includes dishonest way of getting
The formation of organized crimes represents a money.They live on othermen’s money.Racketeers don’t
refinement of the evolutionary process. As in legitimate like gang criminals.They give regular fixed money to their
enterprises, organized cries development depends on the bosses.They takeE protection money from the
following factors: businessmen.
1. Conditions in the market in which a group anticipates
operating; B. Forms of Organized Crime
2. The product or services to be provided; 1. Parasitic – Members of criminal organization extort money
3. The popular cultural or societal posture towards the from illegal entrepreneurs under threat of violence.
product or service being offered; and 2. Reciprocal – Member of criminal organization require
4. The barriers to market entry and continued operations illegal entrepreneurs to pay a fixed percentage amount
of illegal activities. but in return provide services such as debt collection or
restricting market entry.
C. Two (2) Perspectives on Organized 3. Entrepreneurship – A member of a criminal organization
provides an illegal goods or services.
Crime
a. Syndicate C. Criminological Type of Organized Crimes
- Assumes Italians still in charge 1. Traditional crime Syndicates.
- “Commission” oversees all families 2. Non- traditional Crime Syndicates.
- Clear Hierarchy 3. Semi- Organized Crime.
- Omerta code 4. Political Controlled Organized Crime
b. Confederate
- Diverse ethnic groups involved
- Groups may cooperate at times VII. Elements and Criterion of Organized Crime
- Power shared; turfs are divided
A. Elements of Organized Crime
Corporate Criminals and Organized Criminals
1. Vertical Integration
Corporate criminals are created from the
2. Use of Alternative Source of Supply
opportunities available to them in companies organized
3. Exploitation of Social and Political Condition
around doing legitimate business. Whereas members of
4. Insulation of Leaders
organized crime must be accomplished criminals before
they enter such groups, which are organized around
creating criminal opportunities. B. Criterion for Organized Crime Group
1. It is composed of any members 3 or more ;
VI. Type of Organized Crimes 2. Its structure is complex as those of any corporation;
3. Its organizations are usually structured along
hierarchical line-a chieftain supported by close
A. Generic Type of Organized Crimes advisors, and then lower echelon members;
1. Political Graft – manned by political criminal (Political 4. Its action are not impulsive, but rather the result of
Graft), who use of force and violence of a means to intricate conspiracies;
obtain profit or gain, and or achieving political aims or 5. It is subject to laws ore rigidly enforced than those of
ambitions. An example of this is vote buying, and legitimate government.
employment of private armies to control a certain 6. Responsibilities are distributed through long term
political area. activities; and
2. The Mercenary/Predatory Organized Crime – crimes 7. Has highly sophisticated technology.
committed by groups for direct personal profit but prey
upon unwilling victims.
Example: extortion/racketeers VIII. Organized Crime Code of Conduct
3. In-Group Oriented Organized Crime – groups manned by A strict code of conduct governs their behavior called
semi organized individual whose major goals are for the “Ometra”
psychological gratification such as adolescent gangs. It is the mafia’s code of secrecy, and informal,
example: Motorcycle Gangs unwritten code of organized crime, which demand silence
4. Syndicate Crime – the organization that participates in and loyalty, among other thing, of family members.
illicit activity in society by the use of force, threat, or (Abandinsky, 1991)
intimidation. The group with a formal structure – whose It has the following features
purpose is to provide illicit services, which are in strong 1. Loyalty, respect, honor
public demand through the use of secrecy on the part of 2. Obey your superiors
the associates. There is assurance of protection 3. Keep silent
necessary for its operations through political corruption
or avoidance of prosecution.
IX.Phases of Organized Crime 5. SOLDIERS or SOLDATI- The lowest-ranking members of
the hierarchy of the Mafia, the grunts of the organization
1. Predatory
who do the majority of the “dirty work.” Running errands,
2. Parasitic
making deliveries, picking up cash, and generally sticking
3. Symbiotic
out their neck in the hope of making a name for
themselves by demonstrating their loyalty to the
X. Structure of Organized Crime organization.
At the top of the family is the boss.Beneath the boss
is a counselor and an under-boss.Beneath the under-boss 6. ASSOCIATES - Associates are not actual members of the
are the lieutenants. Below are the Mafia but rather anyone who teams up with them on a
lieutenants.Membership in the family entitles the member criminal enterprise of some kind. They could be someone
to run his own rackets using the family’s connections and who does business with the mob, including money-
status. laundering bankers, crooked cops, lawyers, politicians,
drug dealers, etc.
Figure 1
Structure of Organized Crime
XI.Essential Composition of Organized Crime
Organized crime needs professional criminals to
successfully operate in the organization. For the
organization to work there must be an enforcer, corrupter
and corruptee:
1. An Enforcer – one who make arrangements for killing and
injuring (physically, emotionally, and psychologically) the
members or non-members.
2. A Corrupters – one who bribes, buys, intimidates,
threatens, negotiates, and “sweet talks” into a
relationship help the members security and maintain
immunity from arrest, prosecution and punishment.
3. A Corruptee –a public official, usually not a member of the
organization family, who can wield influence on behalf of
the organization’s interest.

XII. Types of Organized Crime Model


 Bureaucratic or Corporate Model – A formal hierarchy in
which the day-to-day activities of the organization are
planned and coordinated at the top and carried out by
subordinates. The feudal model of the
Bureaucratic/corporate organized crime groups are
1. BOSS or CAPO- The boss makes all the important defined by the general rigidity of their internal structures.
decisions, much like a CEO of a company would. Although The feudal model of the LCN (La Cosa Nostra: Commonly
each mob boss may run his outfit in a different way, they referred to as the Mafia) views it as a loose connection of
have one thing in common: they are greatly respected and criminal groups held together by kinship and patronage.
widely feared by their subordinates. All of the men in his Focusing more on how the operations works, succeeds,
outfit pay him a tribute, so he is also usually an extremely sustains itself or avoids retribution, they are generally
wealthy man. typified by:
1. A complex authority structure;
2. UNDERBOSS or SOTTOCAPO- The underboss is second-in- 2. An extensive division of labor between classes
command in the hierarchy of the Mafia crime family. His within the organization;
level of authority varies from family to family, but he is 3. Meritocratic (as opposed to cultural or social
ready to stand in for the boss at any given moment. In the attributes);
violent and volatile world of the mob, the underboss can 4. Responsibilities carried out in an impersonal
easily find himself at the helm of the family so, for the manner;
most part, they are usually groomed for an eventual 5. Extensive written rules/regulations (as opposed
takeover, particularly if the boss’s health is failing or if it to cultural praxis dictating action); and,
looks like he’s headed for a stay in the joint. 6. 'Top-down' communication and rule
enforcement mechanisms.
3. CONSIGLIERE orCOUNSELOR- The consigliere, or chief
advisor, is not officially part of the hierarchy of the Mafia, However, this model of operation has some flaws:
but he plays one of the most important roles in a crime 1. The 'top-down' communication strategy is
family. He is the close trusted friend and confidant of the susceptible to interception, more so further
family boss. The consigliere is meant to offer unbiased down the hierarchy being communicated to;
information based on what he sees as best for the family. 2. Maintaining written records jeopardizes the
He’s not supposed to factor emotional concerns, such as security of the organization and relies on
retaliation and blood feuds, into his decisions. increased security measures;
3. Infiltration at lower levels in the hierarchy can
4. LIEUTENANTor CAPOREGIME - is the captain or lieutenant jeopardize the entire organization (a 'house of
of a division within the Mafia. He heads a crew of soldiers cards' effect); and,
and reports directly to a boss or underboss, who hands 4. Death, injury, incarceration or internal power
down the instructions. struggles dramatically heighten the insecurity
of operations.
While bureaucratic operations emphasize business f. Violence essential to activities
processes and strongly authoritarian hierarchies, these are g. Often have clear influence or control over defined
based on enforcing power relationships rather than an territory
overlying aim of protectionism, sustainability or growth.
Illustration:
 Patrimonial or Patron-Client Network - It is also defined
by the fluid interactions they produce. Organized crime
groups operate as smaller units within the overall
network, and as such tend towards valuing significant
others, familiarity of social and economic environments, or
tradition. These networks are usually composed of:
1. Hierarchies based on 'naturally' forming family,
social and cultural traditions;
2. 'Tight-knit' locus of activity/labor;
3. Fraternal or nepotistic value systems;
4. Personalized activity; including family rivalries,
territorial disputes, recruitment and training of
family members, etc.;
5. Entrenched belief systems, reliance of tradition
(including religion, family values, cultural
expectations, class politics, gender roles, etc.); 2. Regional Hierarchy-Although a hierarchical criminal group,
and, with relatively strict lines of command from the centre,
6. Communication and rule enforcement there is a degree of autonomy present in regional
mechanisms dependent on organizational organizations under the control of the group.
structure, social etiquette, history of criminal Characteristics:
involvement, and collective decision-making

XIII. Money-Source of Organized Crime (Sources


of Illegal Profit)
The organization gains from goods and services that are of
great demands by the society but are prohibited by law. It includes
but not limited to most victimless crimes such as illegal drugs,
alcohol, gambling, pornography, and including bank fraud, extortion
or racketeering and others.
1. Tactical crime – violence & blackmail
2. Corruption
3. Gambling
4. Bookmaking
5. Lotteries a. Single leadership structure
6. Casino Gambling b. Line of command from center
7. Loan Sharking c. Degree of autonomy at regional level
8. Labor Racketeering d. Geographic/regional distribution
9. Drug Trafficking
e. Multiple activities
10. Prostitution
11. Piracy f. Often strong social or ethnic identity
12. Money Laundering g. Violence essential to activities
13. Illegal Sale or Distribution of Firearms.
14. Bank Robberies
15. Kidnapping
16. Human Trafficking 3. Clustered Hierarchy-A clustered hierarchy is an association
of organized crime groups with a governing or oversight
XIV. Effects of Organized Crime
body. The groups in question may themselves have a
diversity of structures, but generally they are of the
1. Pyramid Effects ‘standard hierarchy’ type outlined above.
2. Corruption of Public Institution
Characteristics:
XV. Organized Crime Group Typologies
Illustration:
1. Standard Hierarchy-It is the most common form of
organized criminal group; it is characterized by a single
leader and a relatively clearly defined hierarchy. Systems
of internal discipline are strict. Strong social or ethnic
identities can be present.

Characteristics:

a. Single Leader
b. Clearly defined hierarchy
c. Strong systems of internal discipline
d. Known by a specific name
e. Often strong social or ethnic identity
4. Core Group-Generally consists of a limited number of
individuals who form a relatively tight and structured a. Defined by activities of key
group to conduct criminal business. Around this ‘core individuals
group’ there may be a large number of associate members b. Prominence in network
or a network which are used from time to time and determined by contacts skills
depending on the criminal activity in question. c. Personal loyalties more
important than social/ethnic
Characteristics:
identities
a. Core group supported by a loose network
d. Network connections endure,
b. Limited number of individuals
coalescing around series of
c. Tightly organized flat structure
criminal projects
d. Small size maintains internal discipline
e. Low public profile-seldom known
e. SeldConsist of a number of criminal groups
by any name
f. Governing arrangement for the groups present
f. Network reforms after exit of key
g. Cluster as stronger identity tan constituent group
individuals
h. Degree of autonomy for constituent groups
i. Formation strongly linked to social/historical context
j. Relatively rareom as social or ethnic identity
k. Only in a limited number of cases known by a specific
XVI. Different Levels of Relationship between
name O.C. and Corruption
1. 1st Level: Bribery-The bribe is offered or solicited for a
Illustration: single act For example: to obtain a passport, licenses or to
get information designed to enable Criminal advantage.

Benefits of the Bribery Acts


- The O.C. Groups obtains an advantage
a. False identities and documents
b. Advance information about police activity
c. Manipulation of official records
d. Disappearing evidence
e. Access to jury identities

2. 2nd Level: Continuous Acts of Bribery (“On Payroll”) -Bribe


payments are ongoing. Ensures a continuous flow of
information and protection from police intrusion into
criminal activities.

Benefits of the Continuous Bribery Acts


a. O.C. Groups obtain constant access to
5. Criminal Network - Are defined by the activities of key confidential information allowing them to
individuals who engage in illicit activity in often shifting maintain patterns of illegal activity
alliances. Such individuals may not regard themselves as b. The O.C. Groups remain “one step ahead” of
being members of a criminal group, and may not be Police
regarded as being a criminal group by outsiders.
Nevertheless they coalesce around a series of criminal 2. 3rd Level: Infiltration into Government Agencies-
projects. infiltration is sporadic within lower ranking official
Characteristics: positions. OC members and friends gain employment in
law enforcement agencies, judiciary Prosecutor’s Office
and other operations.

How is Infiltration Accomplished?


a. Applying for Job Vacancies - The O.C. group
supports one or more members or friends to
participate and apply for job vacancies with the
Government.
b. “Buying” the Job - The O.C. group bribes or d. Knowing better the previous profiles of the
blackmails officials to place its members and Politicians
friends in the government post.
XVII. Controlling Organized Crimes
3. 4th Level: Infiltrating the Government (Higher Level)- This
infiltration can encompass entire branches or higher
A. Ways of Controlling Organized Crimes - Organized
ranking officers. Top Officials in Law Enforcement,
crimes can be controlled through:
Prosecutor’s Office and other sensitive government
1. Law Enforcement Effort
offices.
2. Organization of Anti – Organized Crime measures
3. Community Awareness and Cooperation
Methods Used to infiltrate the higher levels of
Government
a. Placement of Corrupted Officers into Higher B. Challenges Controlling Organized Crime
Office - The O.C. group use bribery and 1. Difficult to penetrate
blackmail to support Officers previously 2. Limitations of Philippine criminal law (mens rea)
corrupted by their organization to higher ranks 3. Police forces not adequately trained
with broader access to information. This 4. Public not keen on police interventions (electronic
“support” is repaid to OC with increased surveillance)
protection and access to more useful secret
police information C. How to Defeat the Organized Crime
b. Control of the Chief of Section/Region - 1. To improve the law system.
Bribery, blackmail and coercion is used to 2. To invest in Education.
control the chief decision-maker of an entire 3. To improve the Police Force.
branch of government. OC can continue 4. To develop new social programs to improve life
operating with very little risk of discovery or quality of poor communities.
successful prosecution.
D. International Laws to Control Organized Crime
Measures to avoid the Infiltration of O.C. Groups 1. United Nations Convention against Transnational
a. Transparency in the hiring process including Organized Crime (UNTOC) and its Protocols.
public notification of potential candidates. a. Entry into force: 29 September 2003.
b. Strengthening promotional testing and strict b. The convention was signed by nearly 150
secrecy of test questions countries
c. Vetting process thorough background c. It deals with the major issues relating to
investigations and polygraph test (updated organised crime e.g. money laundering,
financial statements, family ties, etc.) corruption and obstruction of
d. Public disclosure of assets d. justice.Adopting countries commit to
passing laws and implementing controls
4. 5th Level: Infiltrating the Political Arena to fight organised crime
- O C Groups 2. Protocol to Prevent, Suppress and Punish Trafficking
- Congressmen Ministers Politicians (Mayors, in Persons, Especially Women and Children,
Governors) supplementing the UN Convention against
- Law Enforcement(Security) Transnational Organized Crime.
a. Entry into force: 25 December 2003
How is Political Infiltration Accomplished? b. Parties: 133
a. Participating in Political Campaigns (giving 3. Protocol against the Smuggling of Migrants by Land,
money, media support and others) Sea and Air, supplementing the UN Convention
b. Buying votes for candidates and corrupting the against Transnational Organized Crime.
democratic election process a. Entry into force: 28 January 2004
c. Lobbying other politicians for support using b. Parties: 121
bribery and blackmail 4. Protocol against the Illicit Manufacturing of and
d. Exploiting O.C. Members’ family links trafficking in Firearms, Their Parts and Components
e. Creating “debts” for politicians to “repay” later and Ammunition, supplementing the UN Convention
by using blackmail and extortion against Transnational Organized Crime.
a. Entry into force: 3 July 2005
Benefits of Political Infiltration b. Parties: 79
a. “Friendly” prosecutors and judges more easily
ignore criminal activity
b. O.C. Groups can gain public support by -0O0-
performing or supporting “civic” functions
c. O.C. criminal activity can be masked or
overlooked by favorable public perception
d. Impartial juries are more difficult to empanel
e. Perceived alliances with elected political figures
tends to legitimize O.C.

Measures to avoid the Political Infiltration of O.C. Groups


a. The State have to increase the financial support
of the political parties, during political
campaigns
b. Strengthening the Laws of Media
concentrations, combating monopoly
c. Increasing the transparency of contributions

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