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Strategy.Pdf 1. Lack of evidence (Bosses are never in contact with the drug); 2. Corruption of Law Enforcement and the Judiciary; 3. The criminal organization is drawn by the most prominent financial and political circles. Result: In the best case, traffickers were tried for illegal possession of firearms Legal aspects Structure of Police, Prosecutor, Judiciary and Prison institutions Training of Experts Development of strategies to best apply the Laws. International Context The 1988 Vienna Convention The 2000 Palermo Convention International best practices The Palermo Convention Development of an International Consensus to reach this Agreement The 1994 Naples Conference Negotiations in Poland, Argentina and Vienna Signed in Palermo Ratification is ongoing, currently 15 signatories National European International Level Level 1970 R.I.C.O. Law Rognoni-La 1982 Torre Law Colombia Convention of Development 1988 France of European Vienna Mexico Legislation Convention of 2000 Peru Palermo To criminalize: Measures to: a) Either conspiracy or participation in a) institute a comprehensive domestic organized criminal groups regulatory anti-money laundering b) Organizing, directing, aiding and system abetting, facilitating or counseling the b) ensure the ability to cooperate and commission of serious crime involving exchange information on money an organized criminal group. laundering c) Money laundering c) adopt legislative, administrative d) Corruption measures to promote integrity and e) Obstruction of justice prevent, detect and punish corruption d) ensure effective action in anti- corruption including independence of the authorities in charge of anti- corruption activities Measures to (continued): e) create a system of liability of j) accept mutual legal assistance legal persons k) provide effective protection for f) enable confiscation of witnesses and victims proceedings and instruments of l) provide access to compensation crimes. and restitution for victims g) enable identification, tracing, m) encourage persons who freezing or seizure and eventual participate or have participated in confiscation of proceeds of crime organized crime to collaborate with h) empower courts or other the justice system competent authorities to order that n) develop, to the extent necessary, bank, financial or commercial training programs. records be made available or be o) assist one another in planning and seized implementing research and training i) accept extradition Design of Institutional Structures to Fight Organized Crime An institutional structure is needed for: Police Police Intelligence Prosecutors Prosecutorial Intelligence Judges Appeal Courts Prisons Law Enforcement Structure Ministry of Interior Anti-Mafia Anti- Coord. & Terrorism Investigation Unit Unit (UCLAT) (UCRAM) Central Directorate General Directorate of the National Office of Urban Police National Police of (DCSP) INTERPOL Police of Central Directorate of the Regional Paris Judicial Police Services of (P.P.P.) the Judicial Police (S.R.P.J.) Ministry of Defense Ministry of Treasury Customs Unit against Gendarmery Clandestine Financial Circuits (TRACFIN) Coordination Ministry of Interior (Main Coordinator) U.C.R.A.M. (Field Coordinator) Customs Judicial Police Gendarmery DRUGS FINANCIAL CRIMES VIOLENCE MONEY LAUNDERING (D.O.) CLANDESTINE FINANCIAL CYBERCRIMES CIRCUITS O.C.R.T.I.S. O.C.R.G.D.F. O.C.R.B. T.R.A.C.F.I.N. Search & Intervention Brigade (B.R.I.) Prosecution Ministry of Justice Attorney General Attorney General Province Paris Attorney's Assistants Terrorism Financial Section Section Law Enforcement Structure Department of Justice Attorney General Criminal Division Drug Enforcement U.S. National Central Federal Bureau of Administration ATTORNEYS Bureau of Investigations (D.E.A.) Interpol (F.B.I.) Office for International Internal Security Affairs Section Department of Special Public Integrity Treasury Investigations Section Office F.I.N.C.E.N. Customs Organized Office of Bureau of Crime & Enforcement Alcohol, Racketeering Operations Tobacco & Secret Section Office Firearms Service Coordination Federal Level State Level (New York) White House Office on National Drug State Attorney General Control Policy Regional Offices and Division of Internal Revenue Service Criminal State Counsel Investigation Criminal Division Financial Crime Enforcement Network Medicaid Fraud Control Unit Organized Crime, Narcotics Trafficking Organized Crime Task Force Enforcement Program Civil Recoveries Directorate of Central Intelligence NY State Police Bureau of Criminal Counter-narcotics and Crime Center Investigations Law Enforcement Detachments NY State Division of Criminal Bureau for Narcotics and Law Justice Service Enforcement Investigation Attorney General Interpol Unit Against Specialized Unit Unit against Money Laundering Against Organized Crime Narcotics Tecnical Coordinator Judicial Coordinator Coordinator Federal Judicial Police Specialized Forensic Services Wiretaping Human Rights Violations Specialized in O.C. Technical Unite for Wiretaping General Coordinator General Coordinator General Coordinator General Coordinator Law Enforcement Structure (Coordination) Public Security Secretariat Federal System for Federal Prisons Attorney General Coordination of Federal Preventive the Treatment of System Office the Public Police Juvenile Crime Security System Secretariat Specialized Unit Treasury against Organized Secretariat Crime Defense Secretariat Prosecutor Federal Judicial Counter-narcotics Unit against Money Police Intelligence Center Laundering (centralized or not) Judiciary Appellation Prisons Police Office Prosec. Prosec. Intellig. U.S.A. d c d d d c France d c d d d c Mexico c c c d d c Spain c c c c d c Italy d c d d d c Germany d c d d d d S. Africa c c c d d Difficulty to understand Laws against Organized Crime New Institutions Expansive rules Intrusive nature Ultima ratio Building of dams Rationality of decision control Corruption of Public Officials More centralization helps to lower the risk of spreading corruption Oversight of the Offices in charge of fighting Organized Crime is easier Protection of Judges, Police Officers and Prosecutors is facilitated Organized Crime Conspiracy Membership Others Corruption Money Laundering (all forms) Obstruction of Justice Protocol’s Crimes Trafficking of people Smuggling of migrants Manufacturing and Illicit traffic of firearms Extension of duration for investigation Use of ‘house arrest’ for investigation purposes Collaborating witnesses Immunity Benefits (punishment reduction) Protection of witnesses No parole without collaboration Undercover operations and controlled deliveries Telephone and electronic surveillance Financial investigations Seizure and forfeiture of assets Challenge: Rationality of decision control (Less abuse of power) Without loosing effectiveness. Recommendation: Critical decisions against people or assets must be concurred by independents equals pre-facto or immediately post-facto. (without adrenaline) (Wire-tapping) U.S. Congress Judge Authorize Controlled the number annually for 90 days Department of SAC SAC . . Justice Field Office Washington FBI Agent Control Office Request request ICP Judicial Police Judge of Instruction Ask detention pre-trial for Public Prosecutor Review the decision the Review day 15 (maximum) Judge of Liberty Acusation Room 48 hrs more on Terrorism and Drug cases 24 hrs PLUS 24 hr 48 hrs. Laws against Organized Crime are intrusive They are exceptional Could be expansive beyond the precise language of the law (not desire consequence) Applies to conditions unforeseen Barriers are fundamental Determinate boundaries Who, under what conditions and which institutions can use the Law against Organized Crime The internal mechanisms of decision control Characteristics: Existence of an appropriate criminal procedure framework to avoid jurisdiction problems or constitutional complaints The prisons must be located in places of low urban density Avoid penitentiary over population The prisons must have systems to control access in all physical areas The prisons must have double security perimeter: Internal, in charge of penitentiary custody personnel, External, in charge of penitentiary security personnel with help of the law enforcement or the army Must exist specialized personnel on convict treatment and security issues Convicts with a high dangerous profile and high capacity on organized crime to keep on operation, no matter if he/she is in prison, from inside to outside or vice versa. Convicts who must be protected by reason of their testimony or the characteristics of the crimes committed Goals: Dismantle the organization Limit its effectiveness Seizure and forfeiture of its assets Understand the organizational nature Determine its International links Determine what means will be applied Police-to-Police Interpol Judicial (International Rogatory) Mutual Legal Assistant F.I.U. to F.I.U. Undercover & Controlled deliveries Electronic Surveillance Collaborating Witnesses Financial Investigations Use every technique of investigation available. Undercover Case Using third parties (no police) Created the most important Marijuana trafficker, who never deal with cocaine Mistakes on the conception about the organization and mistakes in the technique used In Instantaneous Crimes The fact happens in a moment The evidence consist of proof that these facts happened Murder as an Example: Witnesses, ballistic, finger prints, DNA testing, etc... On drug
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