ORGANIZED CRIME INVESTIGATION

SPO1 Fernyl B Gersava, Reg.Crim.

 It is believed that the existence of organized crime can be traced back in 1800 in Sicily, Italy.
 The “Cosa Nostra”, in English, “Our Thing”, also called “the Sicilian Mafia”, is a criminal syndicate that
has a strong organization with a code of conduct and their common activity is “protection racketeering.”
Since then, organized crime group has diversified all over the globe and their criminal activities
expanded from protection racketeering to drug trafficking, kidnapped for ransom, carnapping, bank
robbery, blackmailing, smuggling, gambling, counterfeiting, extortion, loansharking, and computer
crimes.
 Organized crime threatens peace and human security, violates human rights and undermines economic,
social, cultural, political and civil development of societies around the world. They gained high profits
and results vast damaged to its victim whether it is individual or businesses.
 Organized crime engaged in white collar crimes and used legitimate businesses to cover their illegal
activities. They penetrate government agencies and sometimes taking sensitive positions or seeking
corrupt official and pay in regular basis (payola) to protect their illegal activities.
 At present, organized crime exists in every corner of the globe. It’s not all about mafia and triads
anymore. In every country, organized crime group exists. Their criminal operations is based on the
economic conditions and tied up with other criminal organizations within and abroad. The law
enforcement agencies must work hard to dismantle its existence with all of their capabilities and tools
through intensified police operations, coordination with international partners and the seriousness in the
implementation of laws as well as enactment of new laws that will provide severe punishment.

What is Organized Crime?

The following are definitions of Organized Crime:

 It is "the unlawful activities of a highly organized and disciplined association". It is otherwise known
as “Mob”.
 Refers to a group of three or more persons that was not randomly formed, existing for a period of time
and acting in concert with the aim of committing at least one crime punishable by at least four years'
incarceration in order to obtain, directly or indirectly, a financial or other material benefit (UNTOC –
Palermo Convention).
 Refers to transnational, national, or local groupings of highly centralized enterprises run by criminals
intend to engage in illegal activity, most commonly for monetary profit.
 Refers to centralized enterprises established in order to engage in illegal activities, most commonly for
the purpose of generating substantial profit, characterized by a few basic qualities including durability
over time, diversified interests, hierarchical structure, capital accumulation, reinvestment, access to
political protection, and the use of violence to protect interests.
 According to Donald Cressey, “An organized crime is any crime committed by a person occupying
an established division of labor, a position designed for the commission of crimes providing that such
labor includes at least one position for a corrupter, one position for a corruptee and one position for
an enforcer.
 According to Michael Maltz “An organized crime is a crime in which there is more than one
offender and the offenders are and intend to remain associated with one another for the purpose of
committing crimes.
 A complex set of people and functions interrelated in hierarchical structure specifically for the purpose
of attaining set goals.

The European Commission and the Europol defined Organized Crime as;
 “A group of more than two people with their own appointed tasks and activity over a prolonged or
indefinite period of time with the use of discipline and control perpetrating serious criminal offenses
and operates on an international and transnational level with violence and intimidation and the use of
commercial or businesslike structures engaging in money laundering; exertion of influence on politics,
media, public administration, judicial authorities or the economy; and motivated by the pursuit of
profit and/or power.”

New Definition of Organized Crime Group

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  A profit motivated of highly capable group of persons or an enterprise organized to undertake
widespread, regular or long term, large scale, high profile and diversified criminal activities that has
high impact to the economy and national security.

ORGANIZED CRIME ACTIVITIES

Organized crime groups provide a range of illegal services and goods;

1. Extortion or theft and fraud activities like hijacking cargo trucks, robbing goods, committing
bankruptcy fraud (also known as "bust-out"), insurance fraud or stock fraud (inside trading).
2. Organized crime groups also victimize individuals by car theft (either for dismantling at "chop shops"
or for export), art theft, bank robbery, burglary, jewelry theft, computer hacking, credit card fraud,
economic espionage, embezzlement, identity theft, and securities fraud ("pump and dump" scam).
3. Some organized crime groups defraud national, state, or local governments by bid rigging public
projects, counterfeiting money, smuggling or manufacturing untaxed alcohol (bootlegging) or
cigarettes (buttlegging), and providing immigrant workers to avoid taxes.
4. Organized crime groups seek out corrupt public officials in executive, law enforcement, and judicial
roles so that their activities can avoid, or at least receive early warnings about, investigation and
prosecution.
5. Other organized crime activities include:
a. Loansharking; g. copyright infringement
b. Assassination; h. counterfeiting
c. Blackmailing; i. arms and drug trafficking
d. Bombings; j. smuggling
e. Bookmaking, illegal gambling; k. trafficking in person
f. confidence tricks
 Organized crime groups also do a range of business and labor racketeering activities, such as
skimming casinos, insider trading, setting up monopolies in industries such as garbage collecting,
construction and cement pouring, bid rigging, getting "no-show" and "no-work" jobs, political
corruption and bullying.

The Criminal Group

 The criminal group represents the core of the organized crime unit, which is made up of persons who
utilize criminality, violence, and a willingness to corrupt in order to gain power and profit.
 The following are characteristics of the criminal group.

Continuity.
• The group recognizes a specified purpose over a period of time and understands that the organization
will continue operating beyond the lifetimes of individual members. The organization also realizes
that leadership will change over time and that group members work to ensure that the group
continues and that their personal interests are subordinate to those of the group.
Structure.
• The criminal group is structured as a collection of hierarchically arranged interdependent offices
devoted to the accomplishment of a specific function. This means that it can be either highly
structured, like the La Cosa Nostra, or extremely fluid, like the Colombian drug cartels. In any case,
it is distinguishable by ranks that are based on power and authority.
Membership.
• The core of the criminal group is based on a common trait such as ethnicity, race, criminal
background, or common interest. Close scrutiny is given to potential members of the group to prove
their loyalty to the group. In most instances membership requires a lifetime commitment. Rules of
membership include secrecy, a willingness to commit any act for the group, and intent to protect the
group. In return, members receive benefits from the group, such as protection, prestige, opportunities
for economic gain, and the all-important "sense of belonging" to the group.

Criminality.
• Like any industry, organized crime is directed by the pursuit of profit along well-defined lines. The
criminal group relies on continuing criminal activity to generate income. Some activities, such as
supplying illegal goods and services, produce revenue directly, while other activities, which include
murder, extortion, and bribery, are used to ensure the group's ability to make money and gain power.

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 While some groups are engaged in a number of illicit businesses, others restrict their efforts to one
specific criminal activity, such as drug trafficking. Accordingly, many criminal groups are also
engaged in legitimate business enterprises that allow the skimming and laundering of money.
Violence.
• Comprising an integral part of the criminal group are violence and the threat of violence. Both are
employed as a means of control and protection for members and non-members who are associated
with protecting the interests of the organization. Members are expected to commit, condone, or
authorize violent acts. When the interests of the organization are threatened, murder is commonplace.
Violence can be employed either to silence potential witnesses or to punish people as a warning to
others.
Power and profit.
• Members of the criminal group are united in that they work for the group's power, which results in its
profit. Political power is achieved through the corruption of public officials. The group is able to
maintain its power through its association-with criminal protectors.

Violence

Assault
 One of the tool to effect psychological impact is the commission of violent crime in order to achieve
criminogenic goals.
 Assaults are used for coercive measures, to "rough up" debtors, competition or recruits, in the
commission of robberies, in connection to other property offenses, and as an expression of counter-
cultural authority violence is normalized within criminal organizations (in direct opposition to
mainstream society) and the locations they control.
 While the intensity of violence is dependent on the types of crime the organization is involved in (as
well as their organizational structure or cultural tradition) aggressive acts range on a spectrum from
low-grade physical assaults to murder.
 Bodily harm and grievous bodily harm, within the context of organized crime, must be understood as
indicators of intense social and cultural conflict, motivations contrary to the security of the public,
and other psychosocial factors.

Murder
 Murder has evolved from the honor and vengeance killings of the organized crime group like Yakuza
or Sicilian mafia which placed large physical and symbolic importance on the act of murder.
 The purpose and consequence was to express power, enforcing criminal authority, achieving
retribution or eliminating competition.
 Every organized crime group trained and developed a hit man. This practiced has been generally
consistent throughout the history of organized crime.

How do Organized Criminal Group Works:

1) An Enforcer
- One who makes arrangement for killing and injuring the member or non-member.
2) A Corrupter
- One who bribes, buys, intimidates, threatens, negotiates and sweet talk into a relationship with the
police, public officials or anyone else who might help the member security and maintain immunity
from arrest, prosecution and punishments.
3) A Corruptee
- A public official, usually not a member of the organization family, who can wield influence on
behalf of the organizations interest.

Protector
 Include corrupt public officials, businesses persons, judges, attorneys, financial advisors, and others,
who individually (or collectively) protect the interests of the criminal group through abuses of their
status or by breaching their vested authority.
Specialized Support

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  The criminal group and the protectors rely heavily on skilled persons. Unlike the members of the
criminal group and the protectors, these people do not share a commitment to the group's goals, but
they are still considered part of organized crime.
User Support
 Another vital component in the success of organized crime. This group of persons provides the
criminal group with their audience of consumers: persons who purchase organized crime's illegal
goods and services, such as drug users, patrons of bookmakers and prostitution rings, and people who
knowingly purchase stolen goods.
Social Support
 Persons (and organizations) belonging to the social support group grant power and the perception of
legitimacy to organized crime in general and to specific members of the criminal group.

Attributes of Organized Crime

1) Has no political goals 6) Exhibits a willingness to use illegal violence and

2) Is hierarchical bribery
3) Has a limited or exclusive membership 7) Demonstrates specialization/division of labor
4) Constitutes a unique subculture 8) Is monopolistic
5) Perpetuates itself 9) Is governed explicitly by rules and regulations

Generic Types of Organized Crime

A. Political Graft
- manned by political criminals who use force and violence of a means to obtain profit or gain, and
or achieving political aims or ambitions.
B. Mercenary/Predatory Organized Crime
- crimes committed by groups for direct personal profit but prey upon unwilling victims
C. In-Group Oriented Organized Crime
- group manned by semi organized individual whose major goals are for psychological gratification
such as adolescent gangs.
D. Syndicated Crimes
- the organization that participates in illicit activity in society by the use of force, threat or
intimidation.

Organizational Models of Organized Crime

1) Bureaucratic/Corporate Model
 are the ones that are there to enforce the law
 The bureaucratic model runs like a cooperation that has CEO's down to the line workers.
 In the bureaucratic model they deal with crime on a larger scale and maintain members from a
selective group.
 The orders come from the top and are distributed to the next in command to enforce the orders
 Everyone has his or her place in the business and are recruited based on the skill level 
 Each member must understand the chain of command in order to carry out the task at hand
without question
  In the event that a member violates the rules the organization will not simply fire them but they
will eliminate the person. 
 military is an example of a bureaucratic organization 
 a complicated hierarchy
 an extensive division of labor
 responsibilities carried out in an impersonal manner
 extensive written rules and regulations
 Communication from the top of the hierarchy to persons on the bottom usually in written (memo)
form.

2) Patrimonial/Patron-Client Networks
 basically referred to as the organizations that choose to break the law
 operated by an individual who is considered as the "boss."

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  The organization is structured as a family who has a tight bond and demonstrates trust and loyalty
to each other.
 The role of the patron (boss) is to "provide economic aid and protection for the client, in return
the client shows appreciation by performing necessary duties that are order by the patron
 The patron controls the resources of the business and sets up all contact meetings for the client.
 Within the patron-client model the patron has the power to generate income by networking with
other clients who are involved in criminal activities such as, drug trafficking, fraudulent activities
and money laundering.
 A particular geographic area or industry is dominated by the patron and his organization. He also
has a network of informants and connections, with the police and other officials and with those
who are involved in specialized criminal operatives
 characterize most American Mafia groups. 

Note: Understanding organized crime is important because it gives the government the ability to know how
they work so that the government can stop them.

Individual difference

Entrepreneurial
- The entrepreneurial model looks at either the individual criminal, or a smaller group of organized
criminals, that capitalize off the more fluid 'group-association' of contemporary organized crime.
- This model conforms to social learning theory or differential association in that there are clear
associations and interaction between criminals where knowledge may be shared, or values enforced,
however it is argued that rational choice is not represented in this.
- The choice to commit a certain act, or associate with other organized crime groups, may be seen as
much more of an entrepreneurial decision - contributing to the continuation of a criminal enterprise,
by maximizing those aspects that protect or support their own individual gain.
- In this context, the role of risk is also easily understandable, however it is debatable whether the
underlying motivation should be seen as true entrepreneurship or entrepreneurship as a product of
some social disadvantage.
- The criminal organization, much in the same way as one would assess pleasure and pain, weighs such
factors as legal, social and economic risk to determine potential profit and loss from certain criminal
activities. This decision-making process rises from the entrepreneurial efforts of the group's
members, their motivations and the environments in which they work.
- Opportunism is also a key factor – the organized criminal or criminal group is likely to frequently
reorder the criminal associations they maintain, the types of crimes they perpetrate, and how they
function in the public arena (recruitment, reputation, etc.) in order to ensure efficiency, capitalization
and protection of their interests.

Multimodel approach
 Culture and ethnicity provide an environment where trust and communication between criminals can
be efficient and secure. This may ultimately lead to a competitive advantage for some groups,
however it is inaccurate to adopt this as the only determinant of classification in organized crime.
 This categorization includes
1. the Sicilian Mafia 5. Corsican mafia
2. Jamaican posses 6. Japanese Yakuza (or Boryokudan)
3. Colombian drug trafficking groups 7. Korean criminal groups and ethnic
4. Nigerian organized crime groups Chinese criminal groups

TRADITIONAL ORGANIZED CRIME STRUCTURE:

1) Boss
• The model consists of a supreme leader known as the boss, who oversees all organizational
endeavors and has the final word on decisions involving virtually all aspects of family business.
Bosses are typically older members of the family who have proven their allegiance over a number of
years during their affiliation with the family.
2) ConsigliEre

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 • A close associate of the boss is the consigliere or counselor, who enjoys a considerable amount of
influence and status in the family. The consigliere, often a lawyer, serves the boss as a trusted
advisor.

3) Underboss
• The next highest position in the family is the underboss, who works at the pleasure of the boss and
acts in his behalf when the boss is incapacitated (e.g., sentenced to prison, becomes ill, etc.).
Underbosses are trusted, older members of the family whose primary role is to relay instructions to
those occupying lower positions in the family.

4) Capos
• Rank and file under the underboss begins with the caporegime or capos, which are considered as a
sort of midlevel manager. One of the primary roles of a capo is to serve as a buffer between the
lowest-level members and the upper-level members of the family. In doing so, the capo is the trusted
go-between through which all communications flow from the boss to the lowest-level members.
5) Soldiers
• The lowest-level members of the family are the soldiers. Soldiers, also known as "wise guys," "made
guys," or "button men," report directly to the capo and will often operate at least one specific criminal
enterprise. These include loansharking, gambling, drug trafficking, and so on. The soldiers' job is the
constant search for new sources of revenue for the family.

Characteristics of Organized Crimes:

1) It is a conspiracy activity involving coordination of members.
2) Economic gain is the primary goal.
3) Economic goal is achieved through illegal means.
4) Employs predatory tactics such as intimidation, violence and corruption.
5) Effective control over members, associates, and victims.
6) Organized crimes does not include terrorist dedicated to political change.

Essential Composition of Organized Crime:

 Organized crime needs professional criminals to successfully operate in the organization.

PROFESSIONAL CRIMES
- Refer to occupations or their incumbents, which possess various traits, including useful knowledge
that requires lengthy training, service orientation and code of ethics that permits occupations to
attempt to obtain autonomy and independence with high prestige and remuneration.

Criminological Types of Organized Crimes:

1) Traditional crime syndicates. 3) Semi-organized crime syndicates.

2) Non-traditional crime syndicates. 4) Politically controlled organized crime.

EVOLUTION AND GROWTH OF ORGANIZED CRIME:

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Organized Crime in Asia
- It has been said that organized crime in Asia is evolutionary, adopting to changing political
conditions, warfare's, and the development of technology, communications, travels and the
emergence of a global economy. These organized and enterprising crime groups focus mostly in the
following activities;
a) Drug trafficking d) exploitation of women and children, and
b) illegal migration, e) Wide spread public and private corruptions.
c) arms trafficking,

Some of the Asian Organized Crime Groups

a) Triads and Tongs in Hong Kong and d) Warlords in Myanmar
China e) Nam Cam gang in Vietnam, and
b) Yakuza in Japan f) Other ethnic entrepreneurs throughout Asia
c) United Bamboo gang in Taiwan

China Organized Criminal Groups, comes in two forms:

1) Gangs (triads)
• work in cooperative ventures involving black market activities, large burglaries, thefts, and
highjackings. Other activities of these groups include extortion of small business.

2) Criminal Syndicates
• commonly involved in more sophisticated crimes such as prostitution, illegal immigration, slavery
and other organized forms of vices.

Yakuza or Boryokudan - is the most influential organized crime group in Japan.

What is Criminal Syndicate?

 Organized Crime and Syndicate is being used interchangeably.
 When a group of people, or an association of people, doing criminal activity especially “protection
racketeering” we used to call them “criminal syndicate” or “Sindikato”.
 Syndicate comes from the French word “syndicat” which means “trade union”, from the Latin word
“Syndicus” which comes from the Greek word “syndikos” meaning caretaker of an issue.
 The word syndicate refers to a self-organizing group of individuals, companies, corporations or
entities formed to transact some specific business, to pursue a shared interest aim to scale up profits.
 Today, many people used the term “syndicate” to refer a person involved in criminal activities
whether organized or not.
 A body of persons associated for some design and undertaking which is usually a bold and difficult
one.

Mafia
 The organization most commonly associated with organized crime, a term that writers, filmmakers,
historians, and others often use as a benchmark for understanding the phenomenon of organized
crime.
 A type of organized crime syndicate whose primary activities are protection racketeering, the
arbitration of disputes between criminals, and the organizing and oversight of illegal agreements and
transactions.[1] Secondary activities may be practiced such as drug-trafficking, loan sharking and
fraud.
 The term was originally applied to the Sicilian Mafia, but has since expanded to encompass other
organizations of similar methods and purpose, e.g. "the Russian Mafia", "the Japanese Mafia", "the
Albanian Mafia" or "Maltese Mafia". The term is applied informally by the press and public; the
criminal organizations themselves have their own terms (e.g. the Sicilian and American Mafia call
themselves "Cosa Nostra", the Mexican Mafia calls itself La Eme and the "Japanese Mafia" calls
itself yakuza).

What is Transnational Crime?

 Transnational crimes are crimes that have actual or potential effect across national borders and crimes
which are intra-state but which offend fundamental values of the international community.

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  These are crimes that by their nature involve cross border transference as an essential part of the
criminal activity.
 Transnational crime includes crimes that take place in one country, but their consequences
significantly affect or involve another country.
 Transnational organized crime is organized crime coordinated across national borders involving
groups or networks of individuals working in more than one country to plan and execute illegal
business ventures utilizing systematic violence and corruption.

What is terrorism?
 Terrorism is defined as political violence in an asymmetrical conflict that is designed to induce terror
and psychic fear through the violent victimization and destruction of noncombatant targets.
 It is refers to those acts that are intended to create fear or terror, perpetrated for a religious, political,
or ideological goal without concern to the safety of civilians.
 They are called as “freedom fighters” by their supporters but considered terrorists by the state or
opponent.
 Terrorism is politically and religiously motivated while organized crime is economic gain. Terrorists
seeks funding to create terror or to attack their enemy, while organized crime group create terror and
attacked enemy or rival in order to gain more profit and to establish territorial operations.

DIFFERENT TYPES OF TERRORISM:

1) Anti-colonial Terrorism
• known in modern bureaucratic language as asymmetric Warfare used by European colonies as a tactic,
targeting colonial administrators, foreign Nationals, and Nations sympathetic to the colonial powers.
Terrorist formulated their own theories of anti-colonial revolution and based much of their activity on
earlier revolutionism such as the Irish Republican Army and the Russian Peoples Will. Anti-colonial
rebels used terrorism to make foreign occupations too costly for colonial powers.

2) Ideological Terrorism
• the ideological terrorist of the left, and later the right, used rhetoric of anti-colonialism, but their targets
were the economies and social symbols of Western Democracies. The political climate spawned by the
Vietnam war fueled violent idealized terrorism, that spread almost to all nations.

3) Religions Terrorism
• introduced a cosmic dimension to violent political struggle. Mark Juergens Meyer, 2000, Terror in the
Mind of God". The mere existence of a demonized enemy is evil, and any deviation from the orthodox
path potentially represents the work of the devil. Therefore, tolerance of differences is inconceivable.
Violence is mandated as a result of the cosmic necessity to purify creation by purging evil. The call to
violence is a call to purify the world from non-believers and those who interpret religious traditions
incorrectly. If the holy warrior fails, God fails, so the struggle

What is a Gang?
 A gang is a group of individuals or close friends with identifiable leadership and organization,
identifying with or claiming control over a territory in a community and engaging either individual or
group violence and other forms of illegal behavior. Some members of the gang are fanatic and always
willing to prove their loyalty by committing acts such as violence and theft or whatever mission
assigned by the their leader.
 Gangs are most prominent in slum areas especially in larger cities like in Metro Manila and in Prisons
or in Jail like the Manila City Jail and the New Bilibid Prison.
 The Gangs rivalry is a troublesome in the community. They vied for various reasons and competed
with each other.
 Although, the word gang denotes to a group of workmen, it carries a negative connotation and
defines as an opposition to mainstream norms.
 The word gang symbolizes “trouble and annoyance”.

Youth and street gangs

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  A distinctive gang culture reinforces organized groups develop through recruiting strategies, social
learning processes especially in the corrective system experienced by youth, family or peer
involvement in crime, and the coercive actions of criminal authority figures.
 The term “street gang” is commonly used interchangeably with “youth gang,” referring to
neighborhood or street-based youth groups that meet “gang” criteria.
 It is a self-formed association of peers, united by mutual interests, with identifiable leadership and
internal organization, who act collectively or as individuals to achieve specific purposes, including
the conduct of illegal activity and control of a particular territory, facility, or enterprise."
 "Zones of transition" are deteriorating neighborhoods with shifting populations. In such areas,
conflict between groups, fighting, "turf wars", and theft promote solidarity and cohesion.
 Working class teenagers joined gangs due to frustration of inability to achieve status and goals of the
middle class. Cohen (1955):
 Blocked opportunity, but unequal distribution of opportunities lead to creating different types of
gangs (that is, some focused on robbery and property theft, some on fighting and conflict and some
were retreatists focusing on drug taking). Cloward and Ohlin (1960):
 No ethnic group is more disposed to gang involvement than another, rather it is the status of being
marginalized, alienated or rejected that makes some groups more vulnerable to gang formation, and
this would also be accounted for in the effect of social exclusion, especially in terms of recruitment
and retention.
 These may also be defined by age (typically youth) or peer group influences, and the permanence or
consistency of their criminal activity.

FRAUD- embracing all multifarious means which human ingenuity can devise, and which are resorted to by
one individual to get advantage over another by false suggestions or by suppression of truth, and includes all
surprises, trick, cunning, and any unfair way by which another is cheated.

Types of Fraud:

1) Actual or Constructive Fraud

a. Actual Fraud - consist in deceit, artifice, trick, design, and some direct or active operation of the
mind.
b. Constructive Fraud - consist of any act of commission, omission contrary to legal or equitable
duty, trust, or confidence justly reposed, which is contrary to good conscience and operates to the
injury of another.
2) Extrinsic Fraud
- fraud which is collateral to the issues tried in the case where the judgment is rendered.
3) Fraud in Fact or in Law
- is actual positive or intentional fraud. Fraud disclosed by matters of fact, as distinguished from
constructive fraud or fraud in law. Fraud in law is fraud in contemplation of law; fraud implied or
inferred by law; fraud made out of construction of law, as distinguished from fraud found by a jury
from matters of fact.
4) Fraud in Execution
- Misrepresentation to deceive the other party as to the nature of a document evidencing the contract.
5) Fraud in the Factum
- Misrepresentation as to the nature of a writing that a person signs with neither knowledge nor
reasonable opportunity to obtain knowledge of its character or essential terms.
6) Fraud in Inducement
- Connected with underlying transaction and not with the nature of the contract or document signed.
Misrepresentation as to the terms, quality or other aspects of a contractual relation, venture or other
transactions that leads a person to agree to enter into the transaction with a false impression or
understanding of the risk, duties or obligations being undertaken.
7) Intrinsic Fraud
- that which pertains to issues involved in original action or where acts constituting fraud where, or
could have been, litigated therein.
8) Legal or Positive Fraud
- is made out by legal construction or inference, or the same thing as constructive fraud.
9) Mail or Wire Fraud

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 - criminal offenses by using mail or interstate wires to create or in furtherance of a scheme or artifice
to defraud, or for obtaining money or property by means of false or fraudulent pretense.
10) Tax Fraud
- willful attempting to evade or defeat the payment of taxes due and owing. It falls into two
categories: civil and criminal.
11) Fraud on Court
- a scheme to interfere with judicial machinery performing task of impartial adjudication, as by
preventing opposing party from fairly presenting his case or defense. This can involve bribery of a
judge or jury to fabrication of evidence by counsel and must be supported by clear, unequivocal and
convincing evidence.

Labor Racketeering
 Labor racketeering has developed since the 1930s, effecting national and international construction,
mining, energy production and transportation sectors immensely.
 It activity is focused on the importation of cheap or unfree labor, involvement with union and public
officials (political corruption), and counterfeiting.

Political corruption
 Political corruption is the use of legislated powers by government officials for illegitimate private
gain. Forms of corruption vary, but include bribery, extortion, cronyism, nepotism, patronage, graft,
and embezzlement. A state of unrestrained political corruption is known as a kleptocracy, literally
meaning "rule by thieves".

Drug trafficking
 One of the common OCG activity is the drug trafficking. It operates without boundaries. OCG has
connection worldwide and have contacts or local crime group in the country where they are
operating. One of the best examples are the Golden Triangle, the African Mafia, and the Chinese
triad.

Human trafficking

Sex trafficking
 Human trafficking for the purpose of sexual exploitation is a major cause of contemporary sexual
slavery and is primarily for prostituting women and children into sex industries. Sexual slavery
encompasses most, if not all, forms of forced prostitution."Forced prostitution" generally refers to
conditions of control over a person who is coerced by another to engage in sexual activity.
 According to UNODC, The most common destinations for victims of human trafficking are;
 Thailand, Japan, Israel, Belgium, the Netherlands, Germany, Italy, Turkey and the United
States.

Illegal Immigration and People smuggling ('Migrant Trafficking')

People smuggling
 is defined as "the facilitation, transportation, attempted transportation or illegal entry of a person or
persons across an international border, in violation of one or more countries laws, either clandestinely
or through deception, such as the use of fraudulent documents"
 This practice has increased over the past few decades and today now accounts for a significant
portion of illegal immigration in countries around the world. People smuggling generally takes place
with the consent of the person or persons being smuggled, and common reasons for individuals
seeking to be smuggled include employment and economic opportunity, personal and/or familial
betterment, and escape from persecution or conflict.
 The term is understood as and often used interchangeably with migrant smuggling, which is defined
by the United Nations Convention Against Transnational Organized Crime as "...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".

The Trafficking, Smuggling Business

10
1) The stages
• smuggling usually comes into at least three phases: recruitments, transfer and entrance into the
destination country. But human trafficking goes further to exploitation which may take place in a
variety of markets operating in the destination country.
2) The routes
• selected friendly routes with soft state to traffic human beings and smuggle migrants, this routing have
rules of themselves:
• Already tested routes - these are determined through criminal expertise, less risky countries and
borders; with opportunistic countries.
3) The victim
• the lowest common denominator of all trafficking and smuggling victims is their vulnerability, which
may depend on a set of variable deriving from the fact that a person has no physical, material, social
or psychological resources with which to resist the blandishments of traffickers/smugglers.

Europol Distinctions of Types of Victims

1) Exploited victims
• those who have worked in sex industry in their own country and are recruited for similar work in the
destination country.
2) Deceived victims
• consist of women recruited to work in the service or entertainment industry of the destination
country.
3) Kidnapped victims
• women who have been kidnapped and are therefore unwillingly from the outset.

Financial crime
 Organized crime groups generate large amounts of money by activities such as;
1. drug trafficking;
2. arms smuggling; and
3. financial crime.
 The money generated is disguise as came from legitimate business and convert it into funds that are
available for investment into legitimate enterprise.
 The methods they use for converting its ‘dirty’ money into ‘clean’ assets encourages corruption.
 Organized crime groups need to hide the money’s illegal origin. It allows for the expansion of OC
groups, as the ‘laundry’ or ‘wash cycle’ operates to cover the money trail and convert proceeds of
crime into usable assets. It known as Money laundering.
 The rapid growth of money laundering is due to:
 the scale of organized crime precluding it from being a cash business - groups have little
option but to convert its proceeds into legitimate funds and do so by investment, by
developing legitimate businesses and purchasing property;
 globalization of communications and commerce - technology has made rapid transfer of funds
across international borders much easier, with groups continuously changing techniques to
avoid investigation; and,
 a lack of effective financial regulation in parts of the global economy.

Money Laundering is a three-stage process:

1) Placement:
 (also called immersion) groups ‘smurf’ small amounts at a time to avoid suspicion; physical
disposal of money by moving crime funds into the legitimate financial system; may involve
bank complicity, mixing licit and illicit funds, cash purchases and smuggling currency to safe
havens.
2) Layering:
 Disguises the trail to foil pursuit. Also called ‘heavy soaping’. It involves creating false paper
trails, converting cash into assets by cash purchases.
3) Integration:

11
  (also called ‘spin dry): Making it into clean taxable income by real-estate transactions, sham
loans, foreign bank complicity and false import and export transactions.

Means of money laundering:

 Money transmitters, black money markets purchasing goods, gambling, increasing the complexity of
the money trail.
 Underground banking (flying money), involves clandestine ‘bankers’ around the world.
 It often involves otherwise legitimate banks and professionals.

Remittance services
 This method of money transfer was a practiced for hundreds of years in non-Western societies.
Funds can be moved quickly, cheaply and securely between locations that often don't have
established banking networks or modern forms of electronic funds transfers available. Because such
systems operate outside conventional banking systems, they are known as 'alternative remittance',
'underground' or 'parallel banking' systems. They are invariably legitimate and legal in many
countries, although concerns have arisen in the recent decade that they could be used to circumvent
anti-money laundering and counter-terrorism financing controls that now operate across the global
financial services sector.

Counterfeiting
 In the context of economic practice, counterfeiting is not limited to money. Its scope also include the
copying of products to include food, pharmaceuticals, pesticides, electrical components, tobacco and
even household cleaning products in addition to the usual films, music, literature, games and other
electrical appliances, software and fashion.

Tax evasion
 The economic effects of organized crime have been approached from a number of both theoretical
and empirical positions, however the nature of such activity allows for misrepresentation. The level
of taxation taken by a nation-state, rates of unemployment, mean household incomes and level of
satisfaction with government and other economic factors all contribute to the likelihood of criminals
to participate in tax evasion.
 The ability for organized criminals to operate fraudulent financial accounts, utilize illicit offshore
bank accounts, access tax havens or tax shelters, and operating goods smuggling syndicates to evade
importation taxes help ensure financial sustainability, security from law enforcement, general
anonymity and the continuation of their operations.

Cybercrime
 is crime that involves a computer and a network.

Internet fraud
 is the use of Internet services or software with Internet access to defraud victims or to otherwise take
advantage of them; for example, by stealing personal information, which can even lead to identity
theft.

Identity theft
 is a form of fraud or cheating of another person's identity in which someone pretends to be someone
else by assuming that person's identity, typically in order to access resources or obtain credit and
other benefits in that person's name.
 It refers also to the actual use of Internet services to present fraudulent solicitations to prospective
victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial
institutions or to others connected with the scheme.
 Victims of identity theft (those whose identity has been assumed by the identity thief) can suffer
adverse consequences if held accountable for the perpetrator's actions, as can organizations and
individuals who are defrauded by the identity thief, and to that extent are also victims.

Copyright infringement

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  Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the
copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or
to make derivative works.
 Organized criminal groups capitalize on consumer complicity, advancements in security and
anonymity technology, emerging markets and new methods of product transmission, and the
consistent nature of these provides a stable financial basis for other areas of organized crime.

Cyberwarfare
 refers to politically motivated hacking to conduct sabotage and espionage.
 It is a form of information warfare sometimes seen as analogous to conventional warfare although
this analogy is controversial for both its accuracy and its political motivation.
 It has been defined as activities by a nation-state to penetrate another nation's computers or networks
with the intention of causing civil damage or disruption.
 Moreover it acts as the "fifth domain of warfare," and William J. Lynn, U.S. Deputy Secretary of
Defense, states that "as a doctrinal matter, the Pentagon has formally recognized cyberspace as a new
domain in warfare . . . [which] has become just as critical to military operations as land, sea, air, and
space."
 Cyber espionage is the practice of obtaining confidential, sensitive, proprietary or classified
information from individuals, competitors, groups, or governments using illegal exploitation methods
on internet, networks, software and/or computers.

Computer viruses
 The term "computer virus" may be used as an overarching phrase to include all types of true viruses,
malware, including computer worms, Trojan horses, most rootkits, spyware, dishonest adware and
other malicious and unwanted software and proves to be quite financially lucrative for criminal
organizations, offering greater opportunities for fraud and extortion while increasing security, secrecy
and anonymity.
 Worms may be utilized by organized crime groups to exploit security vulnerabilities (duplicating
itself automatically across other computers a given network)
 Trojan horse is a program that appears harmless but hides malicious functions (such as retrieval of
stored confidential data, corruption of information, or interception of transmissions).
 Worms and Trojan horses, like viruses, may harm a computer system's data or performance.

White Collar Crime

 is a criminal act committed by a person of responsibility, respectability and with high social status in
the course of his her occupation.

Forms of White Collar Crimes

1) Corporate Crimes
 Corporate crime refers to crimes committed either by a corporation (i.e., a business entity having a
separate legal personality from the natural persons that manage its activities), or by individuals that
may be identified with a corporation or other business entity.
 Note that some forms of corporate corruption may not actually be criminal if they are not specifically
illegal under a given system of laws.
2) Environmental Crimes
 violation of criminal law which although typically committed by businesses or by business officials,
may also be committed by other persons or organizational entity, and which damage some protected or
otherwise significant aspect of the natural environment.

3) Occupational Crimes
 any act punishable by law, which committed through opportunity created in the course of an
occupation that is legal.

Occupational Crimes Classification:

1) Organizational Occupational Crime

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  crimes committed for the benefit of the entire organizational such instances only the organization or
the employer, not individual employees.
2) State Authority Occupational Crime
 crimes by officials through the exercise of their state-based authority. Such crime is occupation
specific, and can only be committed by person in public office or by working for such person.
3) Professional Occupational Crime
 crimes by professionals in their capacity as professionals. The crimes of physicians, attorneys,
psychologist, and the like are included.
4) Individual Occupational Crime
 crimes of individual as individuals which include income tax evasion, theft of goods and services by
employees, the filing of false expense report, and the like.

Occupational Crimes also refer to:

1) Vocational crimes
 committed by one who does not think for himself as a criminal and whose major source of income is
something other than crime.
2) Economic crimes
 illegal activity that principally involves deceit, misrepresentation, concealment, manipulation, breach
of trust and illegal circumvention.
3) Organizational crimes
 illegal actions taken in accordance with operative organizational goals that seriously harm employees
of the general public.
4) Upper-world crime
 law breaking acts, committed by those who, due to their positions in the structure, have obtained
specialized kinds of occupational slots essential for the commission of this offense.

The locus of power and organized crime

 Many said that all organized crime operates at an international level, though at present there is no
international court where to file cases resulting from OC activities. Hence, the International Criminal
Court’s is only dealing with people accused of offenses against humanity, e.g. genocide).
 The law operates primarily from one jurisdiction and OCG carries out its illicit operations where the
court finds difficult to assume jurisdictions especially with respect to treaty between nations. With
this, it may be appropriate to use the term ‘transnational’ only to label the activities of a major crime
group that is centered in no one jurisdiction but operating in many. The understanding of organized
crime has therefore progressed to combined internationalization and an understanding of social
conflict into one of power, control, efficiency risk and utility, all within the context of organizational
theory.
 The accumulation of social, economic and political power have sustained themselves as a core
concerns of all criminal organizations:
 social: criminal groups seek to develop social control in relation to particular communities;
 economic: seek to exert influence by means of corruption and by coercion of legitimate and
illegitimate praxis; and,
 political: criminal groups use corruption and violence to attain power and status.
 Contemporary organized crime may be very different from traditional Mafia style, particularly in
terms of the distribution and centralization of power, authority structures and the concept of 'control'
over one's territory and organization. There is a tendency away from centralization of power and
reliance upon family ties towards a fragmentation of structures and informality of relationships in
crime groups. Organized crime most typically flourishes when a central government and civil society
is disorganized, weak, absent or untrusted.

Theoretical background behind organized crime

Rational choice
 This theory treats all individuals as rational operators, committing criminal acts after consideration of all
associated risks like detection and punishment compared with the rewards of crimes either personal or
financial gain. Little emphasis is placed on the offenders’ emotional state. The role of criminal
organizations in lowering the perceptions of risk and increasing the likelihood of personal benefit is

14
 prioritized by this approach, with the organizations structure, purpose, and activity being indicative of the
rational choices made by criminals and their organizers.
Deterrence
 This theory sees criminal behavior as reflective of an individual, internal calculation by the criminal that
the benefits associated with offending (whether financial or otherwise) outweigh the perceived risks. The
perceived strength, importance or infallibility of the criminal organization is directly proportional to the
types of crime committed, their intensity and arguably the level of community response. The benefits of
participating in organized crime (higher financial rewards, greater socioeconomic control and influence,
protection of the family or significant others, perceived freedoms from 'oppressive' laws or norms)
contribute greatly to the psychology behind highly organized group offending.
Social learning
 Criminals learn through associations with one another. The success of organized crime groups is therefore
dependent upon the strength of their communication and the enforcement of their value systems, the
recruitment and training processes employed to sustain, build or fill gaps in criminal operations.
 An understanding of this theory sees close associations between criminals, imitation of superiors, and
understanding of value systems, processes and authority as the main drivers behind organized crime.
Interpersonal relationships define the motivations the individual develops, with the effect of family or
peer criminal activity being a strong predictor of inter-generational offending. This theory also developed
to include the strengths and weaknesses of reinforcement, which in the context of continuing criminal
enterprises may be used to help understand propensities for certain crimes or victims, level of integration
into the mainstream culture and likelihood of recidivism / success in rehabilitation.
Enterprise
 Under this theory, organized crime exists because legitimate markets leave many customers and potential
customers unsatisfied. High demand for a particular good or service (e.g. drugs, prostitution, arms,
slaves), low levels of risk detection and high profits lead to a conducive environment for entrepreneurial
criminal groups to enter the market and profit by supplying those goods and services. For success, there
must be:
 an identified market; and,
 a certain rate of consumption (demand) to maintain profit and outweigh perceived risks.
 Under these conditions competition is discouraged, ensuring criminal monopolies sustain profits. Legal
substitution of goods or services may (by increasing competition) force the dynamic of organized criminal
operations to adjust, as will deterrence measures (reducing demand), and the restriction of resources
(controlling the ability to supply or produce to supply).
Differential association
 Sutherland goes further to say that deviancy is contingent on conflicting groups within society, and that
such groups struggle over the means to define what is criminal or deviant within society. Criminal
organizations therefore gravitate around illegal avenues of production, profit-making, protectionism or
social control and attempt (by increasing their operations or membership) to make these acceptable.
 This also explains the propensity of criminal organizations to develop protection rackets, to coerce
through the use of violence, aggression and threatening behavior (at times termed 'terrorism').
Preoccupation with methods of accumulating profit highlight the lack of legitimate means to achieve
economic or social advantage, as does the organization of white-collar crime or political corruption
(though it is debatable whether these are based on wealth, power or both). The ability to effect social
norms and practices through political and economic influence (and the enforcement or normaliszation of
criminogenic needs) may be defined by differential association theory.

Critical criminology and sociology

Social disorganization
 Social disorganization theory is intended to be applied to neighborhood level street crime, thus the context
of gang activity, loosely formed criminal associations or networks, socioeconomic demographic impacts,
legitimate access to public resources, employment or education, and mobility give it relevance to
organized crime. Where the upper- and lower-classes live in close proximity this can result in feelings of
anger, hostility, social injustice and frustration. Criminals experience poverty; and witness affluence they
are deprived of and which is virtually impossible for them to attain through conventional means.
 The concept of neighborhood is central to this theory, as it defines the social learning, locus of control,
cultural influences and access to social opportunity experienced by criminals and the groups they form.
Fear of or lack of trust in mainstream authority may also be a key contributor to social disorganization;
organized crime groups replicate such figures and thus ensure control over the counter-culture.

15
  This theory has tended to view violent or anti-social behavior by gangs as reflective of their social
disorganization rather than as a product or tool of their organization.
 Explains criminal behavior as learned, the subcultural delinquent has learned values that are deviant in an
environment characterized by social disorganization. In these, defended neighborhoods, inhabitants form
cohesive groupings, sealing themselves off through the efforts of delinquent gangs and a forbidding
reputation. Such neighborhoods have traditionally provided the recruiting grounds that ensure the
continuity of OC.

Anomie
 Sociologist Robert K. Merton believed deviance depended on society’s definition of success, and the
desires of individuals to achieve success through socially defined avenues. Criminality becomes attractive
when expectations of being able to fulfill goals (therefore achieving success) by legitimate means cannot
be fulfilled.
 Criminal organizations capitalize on states of normlessness by imposing criminogenic needs and illicit
avenues to achieve them. This has been used as the basis for numerous meta-theories of organized crime
through its integration of social learning, cultural deviance, and criminogenic motivations.
 If crime is seen as a function of anomie, organized behavior produces stability, increases protection or
security, and may be directly proportional to market forces as expressed by entrepreneurship- or risk-
based approaches. It is the inadequate supply of legitimate opportunities that constrains the ability for the
individual to pursue valued societal goals and reduces the likelihood that using legitimate opportunities
will enable them to satisfy such goals (due to their position in society).
 It suggests a strain between societal expectations for success and limited opportunity drive cause certain
persons to innovate in the form of OC – a queer ladder of social mobility.

Cultural deviance
 Criminals violate the law because they belong to a unique subculture - the counter-culture - their values
and norms conflicting with those of the working-, middle- or upper-classes upon which criminal laws are
based.
 This subculture shares an alternative lifestyle, language and culture, and is generally typified by being
tough, taking care of their own affairs and rejecting government authority. Role models include drug
dealers, thieves and pimps, as they have achieved success and wealth not otherwise available through
socially-provided opportunities.
 It is through modeling organized crime as a counter-cultural avenue to success that such organizations are
sustained.

Differential Opportunity
 Illegitimate opportunity for success, like legitimate opportunity is not equally distributed throughout
society and access to criminal ladders of success are no more freely available than are noncriminal
alternatives.

Social Control
 According to social control theorists, delinquent acts result when an individual’s bond to society is weak
or broken and the strength of this bond is determined by internal and external constraints

Alien conspiracy/queer ladder of mobility

 The alien conspiracy theory and queer ladder of mobility theories state that ethnicity and 'outsider' status
and their influences are thought to dictate the prevalence of organized crime in society.

Other Organized crime groups in the Asian Countries:

Taiwan Organized Crime Groups

• have direct connections with bamboo Union gangs, it has close relationship with the triad groups from
China and Hong Kong with primary crime activities into drug trafficking, prostitution, child and women
smuggling aggravated by parents who sold their young daughters to criminal groups.

Singapore
• the country which has the lowest cases of organized activities due to stringent laws and severe penalties
and the government strong will power for the implementation of laws.
Philippines
• considered the heaven for the sex industry, organized criminal groups virtually control every aspect of the
commerce in women and child trafficking. Thousands of women are sent to Japan, Thailand and other
16
 countries as entertainers and most end up as prostitutes. Also a major provider for young children to
pedophiles on the so-called sex tours.
Thailand
• considered the most notorious in the world in terms of sex industry, importing at least one (1) million
women from China, Laos and Vietnam.
Vietnam
• most of the organized crime groups operating in this country are based in other Asian countries. It
influence Vietnamese, such that, it groom its organized criminal groups mostly affiliates of the “Nam
Cam Gang”, these organized groups are involved in corruption of public officials and the police. It ranks
among the top 26 drug producing and trafficking countries in the world. It becomes one of the major
transit points of drugs from Laos, Myanmar, China and Taiwan from Cambodia.

FAMOUS ORGANIZED CRIME AND TERRORIST GROUPS

Abu Sayyaf
 It is a militant Islamist separatist group from MNLF based in and around Jolo and Basilan islands in the
southwestern part of the Philippines established in 1991. Moro groups have been engaged in an
insurgency for an independent province in the country. The group is considered very violent, and was
responsible for kidnapping and terroristic activities in the Philippines.
 Abu Sayyaf is derived from the Arabic, abu which means “father” and sayyaf which means
"swordsmith". They use mostly improvised explosive devices, mortars, and automatic rifles.
 The group was founded by Abdurajik Abubakar Janjalani, and led after his death in 1998 by his younger
brother Khadaffy Janjalani wjho was killed in 2007. On July 23, 2014, Abu Sayyaf leader Isnilon Totoni
Hapilon swore an oath of loyalty to Abu Bakr al-Baghdadi, the leader of ISIL. In September 2014, the
group began kidnapping people to ransom, in the name of ISIL.
The Bangsamoro Islamic Freedom Fighters (BIFF)
 Also known as the Bangsamoro Islamic Freedom Movement, is an Islamist militant organization
separated from MILF which based in Mindanao. They are a smaller player in the overall Moro insurgency
in the Philippines and are mostly active in Maguindanao and other places in central Mindanao. It was
founded by Ameril Umbra Kato in2008, after the Philippine Supreme Court nullified the Memorandum of
Agreement on Ancestral Domain signed by the Philippine government and the MILF.
 In January 2014, after the final annexes of the Framework Agreement were signed, the Armed Forces of
the Philippines launched Operation Darkhorse against the BIFF. The army captured the BIFF's main camp
in Barangay Ganta, Shariff Saydona Mustapha, Maguindanao which reportedly had 500 fighters.
 The BIFF is allegedly behind the massacre of 44 SAFTROOPERS on Jan 2015, during the raid lunched
by PNP to arrest or shoot to kill Malaysian Bomb expert Zulkifli Abdhir alyas Marwan.
al-Qaeda
 "The Base", "The Foundation" or "The Fundament" and alternatively spelled al-Qaida and sometimes al-
Qa'ida is a global militant Islamist organization founded by Osama bin Laden, Abdullah Azzam, and
several other militants, at some point between August 1988 and late 1989, with origins traceable to the
Soviet war in Afghanistan. It operates as a network comprising both a multinational, stateless army and an
Islamist, extremist, wahhabi, jihadist group. It has been designated as a terrorist organization by the
United Nations Security Council, the North Atlantic Treaty Organization (NATO), the European Union,
the United States, Russia, and India. Al-Qaeda has carried out many attacks on targets it considers kafir
which means unbeliever to God.
 Al qaeda is responsible for the bombing of World Trade Center on 1993 and 2001.
The Islamic State of Iraq and the Levant (ISIL)
 Also known as the Islamic State of Iraq and Syria or the Islamic State of Iraq and ash-Sham.
 ISIS or simply as the Islamic State is an Islamic extremist group controlling territory in Iraq and Syria,
with limited territorial control in Libya and Nigeria. The group also operates or has affiliates in many
other parts of the world, including Southeast Asia.
 The founding of ISIS
 The group was founded in 1999 by Jordanian radical Abu Musab al-Zarqawi as Jamāʻat al-
Tawḥīd wa-al-Jihād, "The Organisation of Monotheism and Jihad" (JTJ).
 In October 2004, al-Zarqawi swore loyalty to Osama bin Laden and changed the group's name to
Tanẓīm Qāʻidat al-Jihād fī Bilād al-Rāfidayn, "The Organisation of Jihad's Base in
Mesopotamia", commonly known as al-Qaeda in Iraq (AQI). Although the group has never called
itself al-Qaeda in Iraq, this has been its informal name over the years.
 In January 2006, AQI merged with several other Iraqi insurgent groups to form the Mujahideen
Shura Council. Al-Zarqawi was killed in June 2006.

17
  On 12 October 2006, the Mujahideen Shura Council merged with several more insurgent factions,
and on 13 October the establishment of the ad-Dawlah al-ʻIraq al-Islāmiyah, also known as the
Islamic State of Iraq (ISI), was announced.The leaders of this group were Abu Abdullah al-Rashid
al-Baghdadi and Abu Ayyub al-Masri. After they were killed in a U.S.–Iraqi operation in April
2010, Abu Bakr al-Baghdadi became the new leader of the group.
 On 8 April 2013, having expanded into Syria, the group adopted the name Islamic State of Iraq
and al-Sham, which more fully translates as Islamic State of Iraq and the Levant or Islamic State
of Iraq and Syria. These names are translations of the Arabic name ad-Dawlah al-Islāmīyah fī-l-
ʻIrāq wa-sh-Shām al-Shām being a description of the Levant or Greater Syria. The translated
names are commonly abbreviated as ISIL or ISIS, with a debate over which of these acronyms
should be used.
The March 23 Movement
 often abbreviated as M23 and also known as the Congolese Revolutionary Army, was a rebel military
group based in eastern areas of the Democratic Republic of the Congo (DRC), mainly operating in the
province of North Kivu. The 2012 M23 rebellion against the DRC government led to the displacement of
large numbers of people. On 20 November 2012, M23 took control of Goma, a provincial capital with a
population of one million people, but was requested to evacuate it by the International Conference on the
Great Lakes Region because the DRC government had finally agreed to negotiate with them. In late 2013
Congolese troops, along with UN troops, retook control of Goma and M23 announced a ceasefire, saying
it wanted to resume peace talks
Triad
 A triad is one of many branches of Chinese transnational organized crime criminal organizations based in
Hong Kong, Macau, Taiwan and also in countries with significant Chinese populations.
 The term "Triad" was assumed to be coined by British authorities in colonial Hong Kong, as a reference
to the triads use of triangular imagery. While never proven, it has been speculated that triad organizations
either took after, or were originally part of revolutionary movements such as the White Lotus Society the
Taiping Rebellion, the Boxer Rebellion, and the Heaven and Earth Society.
The Sinaloa Cartel
 It is an international drug trafficking, money laundering, and organized crime syndicate. The Sinaloa
Cartel is based primarily in the city of Culiacán, Sinaloa, with operations in the Mexican states of Baja
California, Durango, Sonora, and Chihuahua. The cartel is also known as the Guzmán-Loera
Organization and the Pacific Cartel, the latter due to the coast of Mexico from which it originated. The
cartel has also been called the Federation and the Blood Alliance. The 'Federation' was partially
splintered when the Beltrán-Leyva brothers broke apart from the Sinaloa Cartel.
 The United States Intelligence Community considers the Sinaloa Cartel "the most powerful drug
trafficking organization in the world" and in 2011, the Los Angeles Times called it "Mexico's most
powerful organized crime group." The Sinaloa Cartel is associated with the label "Golden Triangle".
Sinaloa is the major producer of Mexican opium and marijuana in America. Also, the Sinaloa Cartel is
primarily involved in the manufacture and distribution of cocaine, heroin, methamphetamine, marijuana
and MDMA.
Chao pho
 It is a criminal organization in Thailand.
 Chao pho or jao poh literally means “godfather.” Chao pho, mostly based in the provinces, have business
interests in both legitimate and criminal activities. Moreover, they have groups of associates and
followers, move closely with powerful bureaucrats, policemen and military figures, sit in positions in
local administration, and play a key role in parliamentary elections. Chao pho are mostly of Chinese
ethnicity.
 Activities
 According to Thai authorities, there are chao pho groups in 39 of Thailand’s 76 provinces. From
these provinces they work like a local mafia as they are active in both illegal as well as some
legitimate businesses. They are involved in a wide range of criminal activities such as prostitution,
drug trafficking, illegal gambling and others. They are known for cooperating with the Red Wa
(who are associated with the United Wa State Army) for the trafficking and sale of narcotics.

The Red Wa
 It is the most powerful organized crime gang in Thailand. The Red Wa come from Burma and they are
associated with the United Wa State Army. They are composed of people from the Va ethnic group and
they work together with Chinese organized criminals in the drug trade. The Red Wa control the
methamphetamine trade in Thailand and neighboring countries and are also known for being involved in
the trafficking and sale of other drugs, mainly heroin. Although they primarily focus on drug trafficking,
18
 groups associated with the United Wa State Army have also been involved in other crimes in order to
protect their territory.

FAMOUS PERSONALITIES

Alphonse Gabriel "Al" Capone - January 17, 1899 – January 25, 1947
 American gangster who attained fame during the Prohibition era as the co-founder and boss of the
Chicago Outfit. His seven-year reign as crime boss ended when he was 33 years old.
 Born in the borough of Brooklyn in New York City to Italian immigrants, Capone was a Five Points Gang
member who became a bouncer in organized crime premises such as brothels. In his early twenties, he
moved to Chicago and became bodyguard and trusted factotum for Johnny Torrio, head of a criminal
syndicate that illegally supplied alcohol – the forerunner of the Outfit – and that was politically protected
through the Unione Siciliana. A conflict with the North Side Gang was instrumental in Capone's rise and
fall. Torrio went into retirement after North Side gunmen almost killed him, handing control to Capone.
Capone expanded the bootlegging business through increasingly violent means, but his mutually
profitable relationships with mayor William Hale Thompson and the city's police meant Capone seemed
safe from law enforcement. Apparently reveling in the attention, such as the cheers when he appeared at
ball games, Capone made donations to various charities and was viewed by many to be a "modern-day
Robin Hood". However, the Saint Valentine's Day Massacre of gang rivals from the North Side Gang
damaged Chicago's image, leading influential citizens to demand governmental action.
John Joseph Gotti, Jr. - October 27, 1940 – June 10, 2002
 American mobster who became the boss of the Gambino crime family in New York City. Gotti and his
brothers grew up in poverty and turned to a life of crime at an early age. Operating out of the Ozone Park
neighborhood of Queens, Gotti quickly rose to prominence, becoming one of the crime family's biggest
earners and a protégé of Gambino family underboss Aniello Dellacroce.
 Gotti was one of the most powerful crime bosses during his era and became widely known for his
outspoken personality and flamboyant style, which gained him favor with much of the general public.
While his peers avoided attracting attention, especially from the media, Gotti became known as "The
Dapper Don" for his expensive clothes and personality in front of news cameras. He was later given the
nickname "The Teflon Don" after three high-profile trials in the 1980s resulted in his acquittal, though it
was later revealed that the trials had been tainted by jury tampering, juror misconduct and witness
intimidation. Law enforcement authorities continued gathering evidence against Gotti that helped lead to
his downfall.
John Herbert Dillinger - June 22, 1903 – July 22, 1934
 American gangster and bank robber in the Depression-era United States. His gang robbed twenty-four
banks and four police stations. Dillinger escaped from jail twice; he was also charged with, but never
convicted of, the murder of an East Chicago, Indiana police officer who shot Dillinger in his bullet-proof
vest during a shootout, prompting him to return fire. It was Dillinger's only homicide charge.
 In the heyday of the Depression-era outlaw (1933–1934) Dillinger was the most notorious of all, standing
out even among more violent criminals such as Baby Face Nelson, Pretty Boy Floyd, and Bonnie and
Clyde
Jonathan Wild
 Was a London underworld figure, notable for operating on both sides of the law, posing as a public-
spirited crimefighter, titled 'Thief Taker General'.
 Wild was exploiting a strong public demand for action during a major London crime wave in the absence
of any effective police force. As a powerful gang-leader himself, he became a master manipulator of legal
systems, collecting the rewards offered for valuables he had stolen himself, bribing prison-guards to
release his colleagues, and blackmailing any who crossed him. He was responsible for the arrest and
execution of his chief rival, Jack Sheppard. But his duplicity was becoming known, and his men began to
give evidence against him. After a failed suicide attempt, he was hanged at Tyburn before a massive
crowd.

Joseph "Joe" Petrosino - August 30, 1860 – March 12, 1909

 A New York City police officer who was a pioneer in the fight against organized crime. The various
crime fighting techniques that Petrosino pioneered during his law enforcement career are still practiced by
various agencies.
 One notable case in Petrosino's stint with the Italian Squad was when the Italian tenor Enrico Caruso, who
was performing at the Metropolitan Opera House in New York City, was being blackmailed by Black
Hand gangsters who demanded money in exchange for his life. It was Petrosino who convinced Caruso to
help him catch those behind the blackmail.
Assassination of William McKinley
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  A second notable case in Petrosino's stint with the Italian Squad was his infiltration of an Italian-based
anarchist organization that was suspected of ties with King Umberto I assassination in 1900.
 During his mission, he discovered evidence that the organization intended to assassinate President
William McKinley during his trip to Buffalo. Petrosino warned the Secret Service, but McKinley ignored
the warning, even after Roosevelt, who had by this time become Vice-President of the United States,
vouched for Petrosino's abilities. McKinley was assassinated by Leon Czolgosz during his visit to
Buffalo's Pan-American Exposition on September 6, 1901.
Arrest of Cascio Ferro
 Petrosino's investigations into Mafia activities led him to Vito Cascio Ferro, then a low rank Black Hand
affiliate. In 1903, Petrosino arrested him on suspicion of murder, but Cascio Ferro was acquitted. He later
returned to Sicily, where progressed increasingly to the top rank of the Sicilian Mafia. Cascio Ferro was
later suspected of Petrosino murder.
 Petrosino investigated also on the infamous "Barrel Murders" case of 1903.
 In 1909, Petrosino made plans to travel to Palermo, Sicily, on a top secret mission. Petrosino was armed
with a long list of known Italian criminals who had taken up residence in the United States, and intended
to get enough evidence of their criminal pasts to throw them out of the country once and for all.
 On March 12, 1909, after arriving in Palermo, Petrosino received a message from someone claiming to be
an informant, asking the detective to meet him in the city's Piazza Marina to give him information about
the Mafia. Petrosino arrived at the rendezvous, but it was a trap. While waiting for his "informant",
Petrosino was shot to death by Mafia assassins. Later a small memorial (an engraved brass plate on a
pole) was erected on Piazza Marina in Petrosino's remembrance.

R.A. No. 9208 "the Anti-Trafficking in Person Act of 2003"

 An act to institute policies to eliminate trafficking in persons especially women and children, establishing
the necessary institutional mechanism for the protection and support of trafficked persons, providing
penalties for its violations, and for other purposes.

R.A. No. 9262

 An Act defining Violence against Women and their Children, providing for protective measures for
victims, prescribing penalties therefore, and for other purposes.

Battered woman syndrome

 refers to a scientifically defined pattern of psychological and behavioral symptoms found in women
living in battering relationships as a result of cumulative abuse.
Battery
 refers to an act of inflicting physical harm upon a woman or her child resulting to the physical and
psychological or emotional distress.
Child
 refers to a person below eighteen (18) years of age or one who is over eighteen but is unable to fully take
care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because
of the physical or mental disability or condition.
Computer crime
 any crime accomplished through special knowledge of computer technology.
Computer virus
 a computer code designed to alter or destroy data in an existing computer program. The name computer
virus is derived from its ability to infect or replicate other computers.

Dating relationship
 refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during the course of the relationship. A casual
acquaintance or ordinary socialization between two individuals in a business or social context is not a
dating relationship.
Debt bondage
 refers to the pledging of the debtor of his/her personal services or labor or those of a person under his/her
control as security or payments for a debt, when the length and nature of services is not clearly defined or
when the value of the services as reasonably assessed is not applied towards the liquidation of the debt.
Forced labor or slavery

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  refers to the extraction of work or services from any person by means of enticement, violence,
intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or
moral ascendancy, debt-bondage or deception.
Involuntary servitude
 refers to a condition of enforced, compulsory service induced y means of any scheme, plan or pattern,
intended to cause a person to believe that, if the person did not enter into or continue in such condition,
that person or another person would suffer serious harm or other forms of abuse or physical restraint, or
the abuse or threatened abuse of the legal process.
Pornography
 refers to any representation, through publication, exhibition, cinematography, indecent shows,
information technology, or by whatever means, of a person engage in real or simulated explicit sexual
activities or any representation of the sexual parts of a person for primary sexual purposes.
Prostitution
 refers to any acts transaction, scheme or design involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money, profit or any other consideration.
Sex tourism
 refers to a program organized by travel and tourism-related establishments and individuals which consist
of tourism packages or activities utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services practices offered during rest and recreation periods for members of
the military.
Sexual exploitation
 refers to participation by a person in prostitution or the production of pornographic materials as a result
of being subjected to a threat, deception, coercion, abduction, force abuse of authority, debt bondage,
fraud or trough abuse of a victim's vulnerability.
Stalking
 refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly
or a combination hereof.
Trafficking in person
 refers to the recruitment, transportation, transfer or harboring, or receipts of persons with or
without the victims consent or knowledge, within or across national borders by means of threat of use
of force, or other forms of coercion, abduction, fraud, deception, abuse of power of position,
taking advantage of the vulnerability of the person, or, the giving or receiving of payments or
benefits to achieve the consent of person having control over another person for purposes of exploitation
which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.
White collar crime
 it is a euphemistic phrase expressive of the nature of the act but less distasteful and less offensive than the
use of the terms: terrorist, saboteurs or scam. In simple tone, it refers to the same song only in different
tune. Or, it is an expressive description of the actor than the act, the style than the substance and the vivid
portrayals of the doer than the nature of the acts. This distinction is crucial to enlighten the cloud of
confusion between white-collar crimes and common criminals.

Historical Types of Transnational Crimes

Slavery as Transnational Crimes

Slavery
 the submission to a dominating influence or the state of a person who is a chattel of another.
Slave
 a person held in servitude as the chattel of another.
White slavery
 engagement in the business for profit, or enlistment of services of any other person for the purpose of
prostitution.
Piracy
 refers to robbery in the high seas and or the unauthorized use of another's production, invention, or
conception especially in infringement of a copy right.
Smuggling
 the act of conveying or introducing surreptitiously or to import export secretly contrary to law and
especially without paying duties imposed by law-
Illegal Entry
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  crossing borders without complying with the necessary requirements for legal entry into the receiving
state.
Scam
 refers to very broad spectrum of illegal activities committed which has a wide negative effect. Whether
committed by public officers or a group that are so organized that their existence is very hard to trace.
These activities are well connected in a series of networks mostly to influential people.
Transnational
 refers to the borders defining territorial boundaries of nations. The relationships of these nations beyond
their borders are treated as transnational business. Whether it is legit or illicit.
War Crimes
 crimes committed in violation of the code of war. It is directed often to the innocent civilian of
protagonist nations.
Genocide
 during war, or in pursuit of an ideology, this is committed for purposes of extinction of a certain race or
group who are hostile to a ruling party of government. This only happens when the incumbent
government is under the regime of a dictator or authoritarian.
Smuggling of Humans
 the exporting and importing of human beings for purposes of exploitation. The originating nation and the
receiving nation are the main victims of these illicit trades of organized criminals. The direct victims are
commonly children and women. These victims are commonly found to be called undocumented aliens.
International Cooperation
 through treaties spearheaded by the United Nations, participating nations signed for and in behalf of their
government on the terms and conditions on a matter of issue.
Wild Beast without nationality
 the uncertainty of origin of a certain group or organization operating or existing in a territory.
International Crimes
 crimes committed by criminal groups that transcend territorial borders.
Anticolonialism
 refer to the body of actions by local settlers on the control of other foreign nations intruding on their
independence or solemn existence.
Neocolonialism
 refers to introduced changes on foreign policies being implemented by colonizing nation to the local
population of the colonized territory. It is often for the purpose alleviating or putting into right
perspective what is beneficial to the local and existing government and for the interest of the greater
majority.
International Regime
 refers on the governance of the welfare of all nations as one. The intent of the UN conventions is the
creation of a regime that can manage the welfare of all nations in equal footing.
Plunder of Antiquities
 cultural materials from other countries are illegally removed and transported transnationally to fill the
collections of private purchasers and museums.
Smuggling of migrants
 refers to the illegal exploitation of migrants from other nation/countries entering foreign nations. These,
migrants often end up to forced labor, prostitutions and other inhuman treatment by the receiving
nation. These activities are designed for profit by the criminal groups who facilitate their travels.
Transnational Environment
 refers to the environment where citizens around the globe can relate with each other on all types of
human endeavor; such as economics, social and political. All intervening activities, concepts and
thoughts encompasses transnational environment.

Isolationism
 as referred to international relations, the act of one country trying to become independent from other and
do not want to take part on any international organizational activities. When the union of nations, take a
lift forward on development, the country which does not cooperate are isolated at their own, common
time, economic embargo are the results of this isolationism.

LOCAL LAWS THAT SOUGHT TO ADDRESS AND PENALIZES ORGANIZED CRIMES

Anti-Graft and Corruption

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E.O. No. 151- Creating A Presidential Commission To Investigate Administrative Complaints Involving Graft
And Corruption 
R.A. No. 7080-An Act Defining and Penalizing the Crime of Plunder.

Bio Piracy

E.O. No. 247- Prescribing Guidelines and Establishing a Regulatory Framework for the Prospecting of Biological
and Genetic Resources, they're by Product and Derivatives, for Scientific and Commercial Purposes; and for other
Purposes 
RA No. 6969- An Act to Control Toxic Substances and Hazardous and Nuclear Wastes Providing Penalties for
Violations Thereof, and For Other Purposes 

Intellectual Property Rights

RA No. 10372 – An Act Amending Certain Provisions of Republic Act No. 8293, Otherwise Known as the
“Intellectual Property Code of the Philippines” and for Other Purposes

Trafficking in Firearms

RA 10591 - An Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing Penalties
for Violations.

Trafficking in Persons

E.O. No. 220- Creating an Executive Council to Suppress Trafficking in Persons, Particularly Women and
Children 
R.A. No. 9208- Anti-Trafficking in Persons Act of 2003

RA No. 10364- An Act Expanding R.A. No. 9208, Entitled “An Act to Institute Policies to Eliminate Trafficking
in Persons Especially Women and Children, Establishing the Necessary Institutional Mechanisms for the
Protection and Support of Trafficked Persons, Providing Penalties for its Violations and for Other Purposes.

Drug Trafficking

RA 9165- An Act Instituting the Comprehensive Dangerous Drugs Act of 2002, Repealing RA No. 6425,
Otherwise Known as the Dangerous Drugs Act of 1972, as Amended, Providing Funds Therefor, and for other
Purposes 

Money Laundering

RA No. 9160- An Act Defining the Crime of Money Laundering, Providing Penalties therefor and for other
Purposes. 

Bank Laws

RA No. 1405- An Act Prohibiting Disclosure of or Inquiry into, Deposits with any Banking Institution and
Providing Penalty Therefor. 
RA No. 6426- An Act Instituting a Foreign Currency Deposit System in the Philippines and for Other Purposes 
RA No. 7653- Art. 1, Creation, Responsibilities and Corporate Powers of the Bangko Sentral 
RA No. 8791- An Act Providing for the Regulation of the Organization and Operations of Banks, Quasi- Banks,
Trust Entities and for Other Purposes

Related Executive Orders

E.O. No. 8- Creating a Presidential Anti-Organized Crime Commission and a Presidential Anti-Organized Crime
Task Force to Investigate and Prosecute Criminal Elements in the Country.
E.O. No. 61- Creating the National Drug Law Enforcement and Prevention Coordinating Center to Orchestrate
Effort of National Government Units, and Non-Government Organization for a more Effective Anti-Drug
Campaign.

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E.O. No. 62- Creating the Philippine Center on Transnational Crime to Formulate and Implement a Concerted
Program of Action of all Law Enforcement, Intelligence and Control of Transnational Crime.
E.O. No. 100- Strengthening the Operational, Administrative and Information Support System of the Philippine
Center on Transnational Crime.
E.O. No. 101- Providing the Immediate Organization and Operationalization of the Interim Internal Affairs
Service (IAS) of the Philippine National Police.
E.O. No. 295- Amending Executive Order No. 8 Creating a Presidential Anti-Organized Crime Commission, to
Investigate and Prosecute Criminal Elements in the country.
E.O. No. 459- Providing for the Guidelines in the Negotiation of International Agreements and its Ratification.  
R.A. No. 4200- An Act to Prohibit and Penalize Wire Tapping and Other Related Violations of the Privacy of
Communication, and for Other Purposes.
R.A. No. 6235- An Act Prohibiting Certain Acts Inimical to Civil Aviation, and for other Purposes. 

R.A. NO. 6955- An Act to Declare Unlawful the Practice of Matching Filipino Women for Marriage to Foreign
Nationals on a Mail Order Basis and Other Similar Practices, Including the Advertisement, Publication, Printing
or Distribution of Brochures, Fliers and Other Propaganda Materials in Furtherance Thereof and Providing
Penalty Therefore.

R.A. No. 7042- An Act to Promote Foreign Investments, Prescribe the Procedures for Registering Enterprises
Doing Business in the Philippines, and for other Purposes

R.A. No. 7658- An Act Prohibiting the Employment of Children below 15 years of age in Public and Private
Undertakings, Amending for this Purpose Section 12, article VIII of R.A. 7610

RA NO. 7659- An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that Purpose the
Revised Penal Laws, and for other Purposes,,

R.A. NO. 8042- An Act to Institute the Policies of Overseas Employment and Establish a Higher Standard of
Protection and Promotion of the Welfare of Migrant Workers, Their Families and Overseas Filipinos in Distress,
and for other Purposes.

R.A. NO. 8043- An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino Children, and for
Other Purposes.

R.A. No. 8197- An Act to further Liberalize Foreign Investments, Amending for the Purpose RA No. 7042, and
for other purposes

R.A. No. 8239- Philippine Passport Act of 1996 

R.A. No. 8484- An Act Regulating the Issuance and Use of Access Devices, Prohibiting Fraudulent Acts
Committed Relative Thereto, Providing Penalties and for Other Purposes

R.A. No. 8792- “E-Commerce Law” An Act Providing for the Recognition and Use of Electronic Commercial
and Non -Commercial Transactions and Documents, Penalties for Unlawful Use Thereof and for Other Purposes.

R.A. No. 8799- The Securities Regulation Code 

R.A. NO. 9105- An Act Defining the Crime of Art Forgery, Providing Penalties, and Institutionalizing the
Mechanism for Art Authentication, Appropriating Funds Therefor and For Other Purposes
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