Convergence of wildlife crime with other forms of organised crime May 2021 www.wildlifejustice.org 3

Table of contents

Acronyms ...... 4 Executive Summary...... 7 Introduction...... 10 Brief review of wildlife crime convergence ...... 12 Illustrative case studies of convergence ...... 15 Wildlife crime...... 16 Case study 1...... 16 Case study 2...... 20 Case study 3...... 22 Case study 4...... 24 Case study 5...... 26 Case study 6...... 28 Fisheries crime...... 30 Case study 7...... 30 Case study 8...... 32 Case study 9...... 34 Timber crime ...... 37 Case study10 ...... 37 Case study 11...... 39 Case study 12...... 41 Analysis and discussion...... 43 Common facilitating factors: Bribery and corruption...... 44 Common resulting crime: Money laundering...... 44 Opportunities for law enforcement agencies...... 45 The role of intelligence analysis...... 47 Conclusion and recommendations...... 50 © All photos are property of the Wildlife Justice Commission, unless otherwise indicated. Not for reproduction. 4 www.wildlifejustice.org 5

We have been able to complete this report with the generous support of the Adessium Foundation, Dr. Boy van Droffelaar, the Dutch Postcode Lottery, the Whitehead Foundation, WWF and several donors Acronyms who wish to remain anonymous.

BMF Bruno Manser Fund NRCN Natural Resources Conservation Network CITES Convention on the International Trade in PERHILITAN Department of Wildlife Endangered Species of and National Parks Wild Fauna and Flora Peninsular Malaysia

CoP Conference of the Parties RFD Royal Forest Department (Thailand) DEA United States Drug Enforcement Agency UNEP United Nations Environment Programme DSI Department of Special Investigation (Thailand) UNODC United Nations Office on Drugs and Crime Hong Kong SAR Hong Kong Special Administrative Region of UNTOC United Nations Convention the People’s Republic of against Transnational China Organised Crime

IUU fishing Illegal, Unreported and USFWS United States Fish and Unregulated fishing Wildlife Service

MACC Malaysia Anti-Corruption UWA Uganda Wildlife Authority Commission

NGO Non-governmental organisation

© Wildlife Justice Commission 2021 AUTHOR Jenny Feltham CONTRIBUTIONS Sarah Stoner Olivia Swaak-Goldman Stephen Carmody PRODUCTION Isabel Leal Carina Mensching DESIGN batweb.es Acknowledgement 6 www.wildlifejustice.org 7

Executive Summary

Over the past two decades, wildlife crime has be- Convergence can occur opportunistically on an ad- come a form of transnational organised crime, gen- hoc basis, as a complete “career shift” in response erating billions of dollars annually and affecting al- to changing conditions, or as part of a diversifica- most every country. As wildlife crime has increased tion strategy to increase profits across a range of in seriousness and profitability as a crime type, illicit commodities. It can also occur transaction- so too have reports of its convergence with other ally when criminal groups in different markets ex- forms of organised crime. However, these reports change goods or services with each other or could have been mostly anecdotal, and the nature of this be embedded to such an extent that the crimes are relationship is still largely undocumented. inextricably linked.

Through its own investigations and intelligence Intelligence analysis is an essential tool to identify analysis, the Wildlife Justice Commission has also cases where convergence exists and to manage the collected evidence of criminal networks that are highest threat from organised crime. Yet there is a dealing in wildlife alongside other illicit commodi- lack of focus on the collection and analysis of wild- ties. This report aims to present some of these ex- life crime data and information. Few governments amples, along with information collected from open hold their own comprehensive datasets, and unlike sources, to contribute to the knowledge base on other illicit commodities, there is no standardised this issue. It sets out 12 case studies that illustrate data collection for wildlife. Furthermore, there is in- a range of converging crime types and typologies adequate sharing of the information that does ex- that have transpired in different regions of the world ist, meaning that opportunities to fully understand to increase the understanding of how these inter- the threat posed by convergence are being missed sections can occur on the ground. The case stud- and resources are not being allocated appropriately ies include six cases involving the trafficking of ter- in response to the problem. restrial wild animals, three cases involving fisheries crimes, and three cases involving timber crimes (al- Several commonalities can be observed in the case though they are collectively referred to as wildlife crime studies, particularly elements of bribery and corrup- throughout the report). tion that are an underlying factor present in almost every case, and money laundering as a converging The cases demonstrate that criminal groups may crime linked to the proceeds generated from wild- have a range of motivations to diversify their activi- life crime. The clear and frequent intersection of ties and engage in wildlife or other types of crime. these crimes highlights the need for financial and

@WildlifeJusticeCommission Wildlife Justice Commission Wildlife Justice Commission @WJCommission www.wildlifejustice.org 8 www.wildlifejustice.org 9

corruption investigations that run in parallel or in re- Wildlife crime is a i More consideration should iv Consideration should be sponse to wildlife crime cases; however, few coun- be given to intelligence collection given to using alternative tries are currently undertaking these types of inves- cross-cutting criminal tigations. Financial investigations in particular are an activity which cannot be and sharing in a timely and secure legislation relating to the important but under-utilised technique to identify manner, and for governments to convergent or ancillary offences and trace the proceeds of crime, with the aim of ulti- tackled in isolation from mately seizing or confiscating funds or property de- other crimes. develop their own comprehensive where relevant and appropriate. rived from crime and removing the financial incen- wildlife crime information systems. tive and expected reward for criminals. v Financial and corruption The cases also demonstrate that wildlife crime is Crime convergence should be ii Organised crime group investigations should be conducted a cross-cutting criminal activity which cannot be further studied and integrated as mapping should be an essential tool in parallel or in response to wildlife tackled in isolation from other crimes. Multi-agen- cy investigations and task forces can be an effective part of the approach to tackle to identify how and where crime cases to identify any associated strategy to address convergence, offering alterna- wildlife crime and organised crime convergence may be occurring, and money laundering or corruption tive legislation, powers, and expertise of other law enforcement agencies to enable the application of more broadly, as improved to tackle wildlife crime as an offences, payment methods, and the full force of the law to the crime. The Wildlife understanding of this intersection organised crime threat. to identify the proceeds of crime Justice Commission’s investigations have frequent- ly shown that high-level wildlife criminals can also can help to identify more strategic to facilitate asset recovery. be less operationally savvy compared to top-lev- iii Multi-agency cooperation, policy and law enforcement el criminals in other crime types, which can some- joint investigations and task forces vi Greater utilisation of times present an easier entry point for the investi- responses to address it. gation of organised crime. These are opportunities should be utilised where specialised investigative techniques that could be better leveraged by law enforcement This report offersa set of appropriate to bring the necessary such as communications agencies to target and remove the common nodes between networks, have a greater impact on dis- recommendations for law law enforcement expertise to interception, undercover operations, rupting transnational organised crime groups, and enforcement authorities and target convergence and explore the use of listening and tracking prevent networks from reforming. policy makers that could assist all angles of the criminal scenario. devices, and controlled deliveries in this regard: to gain a better understanding of where crime convergence may exist. 10 www.wildlifejustice.org 11

Introduction

In October 2020, the Wildlife Justice Commission This report seeks to build on the Wildlife Justice co-hosted a side event alongside the United Na- Commission’s previous briefing paper and the dis- tions Office on Drugs and Crime (UNODC) at the cussion at the UNTOC CoP side event by providing 10th Conference of the Parties (CoP) to the United some concrete examples of cases where conver- Nations Convention against Transnational Organ- gence is known to have occurred with wildlife, tim- Intelligence analysis and ised Crime (UNTOC), which focused on the cross- ber, and fisheries crimes, collected from both open organised crime group cutting nature of wildlife crime and the potential sources and the Wildlife Justice Commission’s op- opportunities this can present for law enforcement erational work. It is by no means a comprehensive mapping are essential tools to infiltrate criminal networks that may be engag- collection of case studies, but instead aims to con- to build a deeper under- ing in multiple forms of organised crime. Coincid- tribute to the knowledge base on this issue by il- ing with this side event, the Wildlife Justice Com- lustrating several different convergence typologies, standing of how and where mission also published a briefing paper to highlight determining some of the common elements be- convergence is occurring. how intelligence analysis can lead to a greater un- tween them, and identifying strategies these cases derstanding of such crime convergence.1 can offer to law enforcement and policy makers to better address transnational organised crime in the Through its investigations and intelligence work, future. Based on learnings from these past cases, the Wildlife Justice Commission has uncovered this report aims to strengthen policy and enforce- evidence of criminal networks that are dealing in ment efforts moving forward. wildlife alongside other commodities such as illic- it drugs, human trafficking networks that are op- As the case studies in this report demonstrate, in- portunistically engaging in wildlife crime, and links dications of convergence may be present in many between wildlife crime and fraud, corruption, and cases, but intelligence analysis and organised crime money laundering. A growing number of media ar- group mapping2 are essential tools to build a deep- ticles indicating similar types of convergence have er understanding of how and where convergence is also been published in recent years. However, there occurring. Further developing this understanding remains little quantitative data or analysis of this is critical to enable authorities to more effectively convergence, and much of what is understood is tackle wildlife crime from the point of view of or- based on anecdotal evidence. ganised crime.

1 https://wildlifejustice.org/wildlife-crime-the-soft-underbelly-of-organised-crime/ 2 Organised crime group mapping is a technique to identify, evaluate and prioritise the management of the threat that a criminal group poses. It is based on the gathering and assessment of current intelligence to define and score the threat posed, based on a series of in- dicators. This technique lends itself well to identifying when criminal groups are involved in a variety of different crimes. 12 www.wildlifejustice.org 13

Brief review of wildlife crime convergence

To date there is still limited documentation and em- from 2004 to 2019 recorded in its Wildlife Trade In- with other priority threats. The study promoted the A recent study published in 2020 analysed 106 pirical evidence of the intersection of wildlife crime formation System, which documented links with utility of merging data across multiple sectors and transnational environmental crime cases (including and other crime types. other forms of crime and/or the seizure of other commodities to identify interconnections that may wildlife, timber, and natural minerals smuggling) commodities. It reported the most common con- otherwise be missed and taking a “commodity-ag- with links to other serious crimes to identify some One of the earliest reports noting this conver- vergences as corruption (53%), illicit drugs (14%), nostic” approach to tackling criminal networks.7 of the main ways that convergence is occurring.9 It gence was published by INTERPOL in 2015, observ- fraud (13%), firearms (9%), money laundering (6%), found the most common trend was criminal groups ing that a growing number of its members were and other (5%).5 Using a different approach, an analysis of data diversifying into environmental crime in response reporting environmental crimes as increasingly as- from judicial case files in 118 countries since 2000 to changing conditions, and that some groups had sociated with other crime types. The report stated Despite these indications of convergence, Euro- has found that on average between 80-90% of sam- transformed with complete “career shifts”, while that this convergence was becoming more complex just’s analysis of environmental crime cases in Eu- pled case files show transnational criminal net- others chose to dominate a specific product line or and was one of the greatest challenges facing law rope suggests that if other crimes are detected works engaged in seven or more types of organised market. The second most common form was crim- enforcement officers when dealing with organised alongside an environmental crime, they will often crime, including wildlife trafficking. This provides inal groups that maintained flexible operations crime syndicates.3 become the primary focus of investigations and an indication of the frequency with which conver- across multiple illicit commodities and used their criminal proceedings, while the environmental gence occurs in the field of organised crime.8 expert knowledge to opportunistically get involved An attempt to quantify it followed in 2016, with a crime is treated as an ancillary offence, or in some joint study by INTERPOL and the United Nations En- cases may not be fully investigated or prosecuted.6 vironment Programme (UNEP) based on question- The tendency to prioritise enforcement efforts on The tendency to prioritise naire responses from 69 member countries, which other crimes and overlook environmental crimes is enforcement efforts on found that 84% of respondents had observed a likely to be a contributing factor behind the limited convergence between environmental crime and empirical evidence of convergence in this field. other crimes and overlook other types of serious crime. The reported conver- environmental crimes is gences included corruption (42%), counterfeiting An unpublished, classified study of data from the (39%), drug trafficking (36%), cybercrime (23%) United States intelligence community and other likely to be a contributing and financial crime (17%), but there was limited in- U.S. government data was reported to have found factor behind the limited formation or specific examples of how this conver- that convergence of wildlife crime in East Africa gence was presenting on the ground.4 was systemic. Analysis of the combined data pur- empirical evidence of portedly revealed that two-thirds of the actors and convergence in this field. In a similar vein, a report published by TRAFFIC networks associated with wildlife trafficking in that analysed 1,321 incidents of illegal wildlife trade region overlapped with narcotics networks, along

7 Gloria Freund, former Combating Wildlife Trafficking Lead at the U.S. Office of the Director of National Intelligence, spoke unof- ficially on the study findings at the Wildlife Justice Commission’s UNTOC CoP side event in October 2020. The full event recording can be accessed here: https://vimeo.com/470939942 3 INTERPOL (2015), Environmental Crime and its Convergence with other Serious Crimes, accessed at this link. A broad summary of the study findings is also published here: https://www.worldwildlife.org/pages/tnrc-blog-understanding- 4 INTERPOL and UN Environment (2016), Strategic Report: Environment, Peace and Security - A convergence of threats, crime-convergence-to-better-target-natural-resource-corruption https://wedocs.unep.org/handle/20.500.11822/17008 8 Edgardo Buscaglia is a senior scholar at Columbia University, and these findings from his work on anti-organised crime effective- 5 TRAFFIC (2020), Initial analysis of the financial flows and payment mechanisms behind wildlife and forest crime, p.21, accessed at: ness were also mentioned at the Wildlife Justice Commission’s UNTOC CoP side event in October 2020. The full event recording https://www.traffic.org/publications/reports/case-digest-an-initial-analysis-of-the- financial-flows-and-payment-mechanisms-behind-wildlife-and-forest-crime/ can be accessed here: https://vimeo.com/4709 39942 6 Eurojust (2021), Report on Eurojust’s Casework on Environmental Crime, p.9, accessed at: 9 Van Uhm D.P & Nijman RCC (2020), The Convergence of Environmental Crime with other serious crimes: Sub-types within https://www.eurojust.europa.eu/sites/default/files/2021-01/report_environmental_crime.pdf the environmental crime continuum, accessed at: https://journals.sagepub.com/doi/full/10.1177/1477370820904585 14 www.wildlifejustice.org 15

Illustrative case studies of convergence

in environmental crimes, such as their established This section presents a set of 12 case studies where tional work, with the aim of reflecting a variety of con- access to strategic smuggling routes. To a lesser ex- convergence is known to have occurred with crimes verging crime types and convergence typologies that tent it also identified convergence occurring be- involving terrestrial wild animals, fisheries, and timber. have transpired in different regions of the world. Table tween licit and illicit markets, with the use of legiti- The case studies have been collected from both open 1 below provides a summary of the 12 case studies mate companies to camouflage criminal activities. sources and the Wildlife Justice Commission’s opera- and the diversity of convergences they represent.

More broadly, increased globalisation and inter- national trade have enabled criminal organisations Case study Commodities involved Convergence typology Geographic region/s to take a global outlook in pursuing new illicit mar- Elephant ivory, rhino horns Opportunistic convergence and 1 East Africa kets, with criminals often benefiting from the same Illicit drugs diversification of illicit commodities technology, transportation, and infrastructure de- Tiger parts 2 Opportunistic convergence Southeast Asia velopments that enable legitimate industries to Human trafficking conduct business across borders.10 In the field of Live reptiles Unconfirmed – possibly complete 3 South Asia wildlife crime, criminal groups may also be moti- Migrant smuggling “career shift” vated to diversify their activities by the potential for Live reptiles Unconfirmed – possibly complete 4 South Asia high profits combined with relatively weaker legis- Fraud “career shift” lation and lower criminal penalties for these activi- Wildlife (various) 5 Diversification of commodities Various ties in many countries compared to other more tra- Gold/precious stones ditional crimes, such as drug trafficking. Rhino horns 6 Opportunistic convergence Europe Various fraud and smuggling crimes Shark fins North America Increased globalisation 7 Diversification of commodities Illicit drugs East Asia and international trade Abalone 8 Transactional convergence Southern Africa have enabled criminal Illicit drugs Fish 9 Transactional convergence Southeast Asia organisations to take a Human trafficking/modern slavery Timber Southeast Asia global outlook in pursuing 10 Diversification of commodities Illicit drugs South America new illicit markets. Timber 11 Embedded convergence South America Corruption and fraud Timber 12 Embedded convergence Southeast Asia Corruption and money laundering

Table 1: Summary of 12 convergence case studies.

10 Radisch, J. (2016), Illicit Trade: Convergence of criminal networks, ac- cessed at: https://www.oecd-ilibrary.org/governance/illicit-trade/illicit- trade_9789264251847-4-en 16 www.wildlifejustice.org 17

The four suspects are alleged members of a trans- two tonnes of ivory from forest elephants in West Wildlife crime national criminal group based in East Africa en- Africa. A subsequent DNA analysis of the seized ivo-

gaged in the large-scale trafficking of at least 190 ry indicated that it had originated from at least nine 13 CASE STUDY kg of rhino horn and 10 tonnes of ivory between different African countries. This shipment demon- 2012-2019 from Uganda, Democratic Republic of strates the significant reach and criminal access of Congo, Guinea, Kenya, Mozambique, Senegal, and the network behind it in sourcing and consolidat- COMMODITIES INVOLVED 1 Tanzania to buyers in Southeast Asia and the Unit- ing ivory from such a large geographic area. These Elephant ivory, rhino horns, illicit drugs ed States. Payments from foreign buyers were of- factors also undoubtedly facilitate their ability to ten sent in the form of international wire transfers, obtain other illicit commodities. CONVERGENCE TYPOLOGIES some through U.S. financial institutions, and paid in Opportunistic convergence and cash. Separately, from 2018-2019, Surur and Ahmed Kromah was arrested for the second time in Ugan- diversification of illicit commodities are also alleged to have conspired to possess and da in June 2019 and promptly extradited to the distribute 10 kg of heroin to a buyer represented to United States. Cherif was also arrested in June 2019 GEOGRAPHIC REGION be located in New York. in Senegal and later extradited to the United States East Africa in April 2020. Surur was eventually arrested in Ken- Kromah was initially arrested in February 2017 by ya in July 2020 and extradited to the United States the Uganda Wildlife Authority (UWA) in cooperation in January 2021. Ahmed remains a fugitive. The case In June 2019, the United States Department of Jus- with the Natural Resources Conservation Network is now awaiting prosecution in the United States.14 tice issued an indictment charging four men for con- (NRCN, a Ugandan NGO) in possession of 1.3 tonnes spiracy to smuggle rhino horn and elephant ivory of ivory. Although Kromah is described as being at the Another significant case demonstrating the conver- valued at more than USD 7 million – Moazu Kromah centre of vast ring of organised criminals, connected gence of these crime types is the arrest of the Akasha (Liberian national residing in Uganda), Amara Cherif Image 1: Kromah at an airport in Entebbe, Uganda, to at least four major criminal syndicates, the case did before being extradited to the United States. brothers, Baktash and Ibrahim, in Kenya in Novem- (Guinean national), Mansur Mohamed Surur (Kenyan not progress through Ugandan courts due to suspect- Credit: Natural Resources Conservation Network. ber 2014. The brothers were the subjects of a joint in- national), and Abdi Hussein Ahmed (Kenyan national). ed corrupt elements in the criminal justice system.12 vestigation between DEA and Kenya’s Anti-Narcotics In addition, Kromah, Cherif and Surur were charged The joint investigation uncovered both the African Unit and were charged with conspiracy to import and with conspiracy to commit money laundering, and However, the size and importance of the case and Asian ends of the network and its criminal deal- distribute 99 kg of heroin and 2 kg of methamphet- Surur and Ahmed were charged with conspiracy to caught the attention of the U.S. Fish and Wildlife ings over a seven-year period. A key shipment that amine into the United States and obstruction of jus- possess and distribute more than 10 kg of heroin.11 Service (USFWS), which opened a joint investiga- Kromah’s network is believed to have been respon- tice, among other charges. The Akasha brothers were The case appears to present the Kromah network as tion with the U.S. Drug Enforcement Agency (DEA) sible for was six tonnes of ivory that was seized in allegedly responsible for the manufacture, shipment, a wildlife trafficking network first and foremost, which and assistance from UWA and NRCN, to dig deeper Malaysia in December 2012, comprising four tonnes and distribution of tonnes of narcotics throughout engaged in heroin trafficking opportunistically rather into Kromah and his network’s criminal activities. of ivory from savannah elephants in East Africa and the world for over two decades.15 Conversely with than as part of its usual business activities.

13 https://intpolicydigest.org/moazu-kromah-and-the-case-of-the-west-african-ivory-cartel/ 11 https://www.justice.gov/usao-sdny/pr/members-african-criminal-enterprise-charged-large-scale-trafficking-rhinoceros-horns 14 https://www.justice.gov/usao-sdny/pr/us-attorney-announces-extradition-kenyan-national-large-scale-trafficking-rhinoceros 12 https://globalinitiative.net/wp-content/uploads/2020/01/RB3.dec19Jan20.pdf 15 https://www.justice.gov/usao-sdny/pr/former-leader-kenyan-organized-crime-family-and-his-brother-plead-guilty-narcotics 18 www.wildlifejustice.org 19

offences, analysis conducted by the Satao Pro- ject, a strategic intelligence organisation, found significant overlaps with ivory. Their analysis GOOD PRACTICE of phone logs, shipping documents and com- Image 2: (L-R) Baktash pany records has allegedly linked the Aka- Multi-agency investigation enabled collabora- Akasha, Gulam Hus- sha brothers to 13 large ivory shipments since tion between specialised law enforcement agen- sein, Ibrahim Akasha 18 and Vijaygiri Goswa- 2013 with a combined weight of 30 tonnes. cies and brought together the expertise and mi with their lawyer Using completely different methodology, DNA anal- resources needed to tackle crime convergence in during a hearing at ysis of large ivory seizures made between 2006 and this case. Mombasa Law Courts 2015 also connected at least seven seizures to a in February 2015. Credit: Reuters/Joseph Mombasa-based network, which is believed to de- Specialised investigation techniques such as Okanga. note the Akasha network. The DNA analysis was undercover operations are important to gather based on a “sample matching” technique, identify- evidence of the full criminal scenario and build a ing pairs of ivory tusks that become separated dur- strong case for prosecution. In the Akasha case, ing the trafficking process and split between differ- evidence collected during undercover operations ent shipments. The study identified a large number also supported the extradition request. of cases where pairs of tusks turned up in successive seizures that were shipped close in time through a INTERVENTION STRATEGY FOR common port, implying that the shipments were FUTURE CONSIDERATION likely packed by the same trafficker.19 Organised crime group mapping is a tech- the Kromah network, the Akasha network was an es- ecutors and law enforcement officials” in Kenya to Furthermore, the DEA agent leading the investi- nique to assess the level of criminality of a group tablished drug trafficking network which appears to attempt to control the extradition hearings. To date, gation stated that evidence of the network’s in- and prioritise investigation efforts on those groups have increasingly diversified into ivory trafficking in none of the corrupt individuals within the Kenyan volvement in wildlife crime was found throughout that pose the greatest threat. As this technique is response to demand and opportunity. criminal justice system have been publicly identified. recordings made by DEA sources, and as a multi-fac- focused on networks, it lends itself well to identify- In the Manhattan federal court in New York in August eted criminal organisation, ivory was just one of their ing convergence and groups that are involved in a In January 2017, an out-of-court arrangement was 2019, Baktash was sentenced to 25 years in prison16 money-making products. Although the DEA chose to variety of different crimes. agreed between the United States and Kenyan au- and in January 2020 Ibrahim was sentenced to 23 pursue the indictment of the Akasha brothers sole- thorities, and the brothers and two other defendants years in prison, to be served in the United States.17 ly on drug trafficking, it was reported that the link to were extradited to the United States. It was later re- wildlife crime played an important role in eventually vealed that the brothers had conspired to pay “hun- Although the indictment and conviction of the securing their extradition to the United States.20 dreds of thousands of dollars in bribes to judges, pros- Akasha brothers only related to drug trafficking

18 https://www.theguardian.com/environment/2017/aug/19/super-gangs-africa-poaching-crisis 19 Wasser, S.K. et al (2018), Combating transnational organised crime by linking multiple large ivory seizures to the same dealer, 16 https://www.justice.gov/usao-sdny/pr/former-leader-violent-kenyan-organized-crime-family-sentenced-25-years-prison-narcotics Science Advances Vol. 4, no. 9, accessed at: https://advances.sciencemag.org/content/4/9/eaat0625 17 https://www.reuters.com/article/us-kenya-drugtrafficking-usa-idUSKBN1Z92G2 20 https://www.theguardian.com/environment/2017/aug/19/super-gangs-africa-poaching-crisis 20 www.wildlifejustice.org 21

CASE STUDY pieces of ivory jewellery. Son was not present at the was determined they had covered the costs of their apartment at this time, although PERHILITAN offic- transportation and housing. Information relating to ers located and arrested him later that same day in this Cambodian/Vietnamese human trafficking net- COMMODITIES INVOLVED 2 possession of one tiger canine, one piece of ivory work was shared with other relevant law enforce- Tiger parts and human trafficking jewellery and one bear claw. Expert investigators ment agencies in Malaysia. established that the skins had come from wild Ma- CONVERGENCE TYPOLOGY layan tigers, which increased the impact of the of- Son and one other Vietnamese man pled guilty to Opportunistic convergence fences given that fewer than 200 tigers are estimat- offences relating to the illegal possession of wildlife ed to remain in the wild in Malaysia. products. Son received a fine of MYR 15,000 (equiva- GEOGRAPHIC REGION lent to approximately USD 3,700) and the other man Southeast Asia Following the arrests of the nine men, only Son received 36 months imprisonment. The remaining was found to be legally living in Malaysia – the oth- seven men were deported back to Vietnam. er eight men had expired visas and their passports During an investigation into the illegal trade in ti- had been taken from them. PERHILITAN’s interviews ger parts within Southeast Asia, in August 2016 with these men indicated that they were working GOOD PRACTICE Wildlife Justice Commission operatives received in- for a syndicate run by a Cambodian boss, illegally telligence of a Vietnamese national named Son who collecting agarwood in the Malaysian forests.21 The Collaboration between law enforcement was residing in Kuala Lumpur and had access to ti- men were allegedly brought from Vietnam to Ma- authorities and NGOs in sharing intelligence and ger products in Malaysia. The operatives obtained laysia and their passports withheld until they had conducting joint investigations can be effective to multiple images of Vietnamese men in a jungle collected enough agarwood to cover their expens- identify and target criminal patterns of behaviour. setting with a dead tiger, as well as tiger canines, es. While in the forests, the group was opportunis- claws, and tiger bone paste (images 3-6). Images 3-6 (clockwise from top left): Photo of tically poaching tigers and collecting other wildlife INTERVENTION STRATEGY FOR dead tiger in jungle setting that triggered the in- products to sell on the side to earn money. FUTURE CONSIDERATION This led the Wildlife Justice Commission to launch vestigation; big cat skull; tiger bone paste that the a joint operation with the Department of Wildlife group was selling; two tiger skins shown to Wild- life Justice Commission operatives. Information later obtained by the PERHILITAN of- Wildlife crime can be an easier entry point to and National Parks Peninsular Malaysia (PERHILI- ficers indicated that this same syndicate was also investigate other associated crimes, and the use TAN) to investigate Son’s network. An undercover facilitating the recruitment of Vietnamese women of wildlife legislation in some countries can provide operative met with two network members and was Acting on information received from the Wildlife to travel to Malaysia to work in the sex industry. law enforcement opportunities such as the ability taken to an apartment complex in an outer suburb Justice Commission, PERHILITAN officers raided the The arrangement was similar to the men working to act even without a warrant and to inspect of Kuala Lumpur. In an apartment that was occu- premises and arrested the eight men, seizing two ti- in the forest, in that the women were held in Kuala premises at any time. pied by eight Vietnamese men, two tiger skins were ger skins, one tiger canine, 20 bear claws and two Lumpur and dispossessed of their passports until it shown to the operative.

21 Agarwood is formed in the heartwood of certain tree species (particularly species of the Aquilaria, Gonystylus, and Gyrinops ge- nus) when they become infected with a type of fungus. In response to the attack the tree produces a dark, aromatic resin, which is highly sought after for making perfumes, fragrances, and incense. All species of the Aquilaria, Gonystylus, and Gyrinops genus are listed as CITES Appendix II species. 22 www.wildlifejustice.org 23

CASE STUDY countries to gather evidence, effect arrests and sion indicated that this network extended to several seizures, and disrupt regional level criminality. other countries outside of India. Information relat- ing to the identity of the network and evidence of GOOD PRACTICE COMMODITIES INVOLVED 3 In June 2017, the Wildlife Justice Commission re- the use of fraudulent documentation was provided Live reptiles and migrant smuggling ceived intelligence relating to an Indian national to the respective government authorities in Europe. Information exchange with relevant law in Chennai, India, who was actively involved in the enforcement agencies when instances of crime CONVERGENCE TYPOLOGY supply of a range of wildlife products. Ongoing in- convergence are identified. Unconfirmed – possibly complete telligence and covert investigations confirmed this “career shift” suspect was illegally trading in Indian star tortoises, INTERVENTION STRATEGY FOR red sandalwood,22 and live tiger cubs. FUTURE CONSIDERATION GEOGRAPHIC REGION South Asia Not only was there evidence of a convergence of Further and follow-up investigations can be wildlife and timber trafficking in this case, but two useful to help identify instances of crime conver- years later in March 2019, the Wildlife Justice Com- gence beyond an initial wildlife seizure event. From 2016 to 2018, the Wildlife Justice Commis- mission received further intelligence and was able sion investigated the illegal trade in live turtles to obtain evidence of this same suspect’s involve- and tortoises within Asia, focusing on criminal net- ment in the smuggling of migrants from Sri Lanka, works operating across India, Pakistan, Bangladesh, India, and Bangladesh to several European coun- Sri Lanka, Malaysia, and Thailand. Several net- tries. It was not confirmed whether this suspect had works operating in India became key targets of made a full transition to migrant smuggling as his the investigation and were involved in the sup- primary criminal business, or whether he continued ply of thousands of internationally protected tur- to engage in wildlife trafficking as well. tles and tortoises (CITES Appendix I and II species) for the illegal live pet trade, including Indian star The migrant smuggling methodology involved tortoises, black pond turtles, three-striped roofed obtaining fraudulent documentation to clear airline turtles, red-crowned roofed turtles and tricarinate and immigration checks at departure ports in South hill turtles. The investigation utilised covert inves- Asia so that passengers could arrive at targeted tigation techniques and intelligence analysis in co- destination countries in Europe and claim asylum. operation with law enforcement agencies in four Further investigation by the Wildlife Justice Commis-

22 Red sandalwood (Pterocarpus santalinus) is a tree species endemic to the southern parts of the Eastern Ghats mountain range in India. Its timber is highly valued for its deep red colour, particularly in China for use in carvings and furniture, and it also has sev- eral applications in traditional medicine. Exporting red sandalwood is prohibited in India except under some special circumstances and it is listed as a CITES Appendix II species. However, the illegal trade in red sandalwood is lucrative and shipments are regularly seized from smuggling attempts. 24 www.wildlifejustice.org 25

CASE STUDY Workers from the call centres would contact the the scam operations, and evidence from the vic- customers and use a variety of false pretences to tims is needed to bring charges. Jim Browning is attempt to extract money from them. Victims were the Internet alias of a software engineer who fo- GOOD PRACTICE COMMODITIES INVOLVED 4 requested to send money to a local bank account, cuses on scambaiting and uncovering scam call Live reptiles and fraud where it was remitted to Thailand. The money was centres. One of his most prominent exposés in- Information exchange with relevant law then sent either to Bangladesh or India via hawala volved hacking into the computer system and enforcement agencies when instances of crime CONVERGENCE TYPOLOGY transactions.23 CCTV camera network of a call centre in India to convergence are identified. Unconfirmed – possibly complete collect extensive evidence of their scam operation “career shift” It is believed the scam call centre business is cur- which was charging thousands of British victims INTERVENTION STRATEGY FOR rently more profitable than previous turtle and tor- hundreds of pounds to fix non-existent computer FUTURE CONSIDERATION GEOGRAPHIC REGION toise trafficking activities, although it requires a problems.24 Browning’s work triggered a BBC in- South Asia considerably larger network of operations and ini- vestigation and a raid on the centre by the Indian Further and follow-up investigations can be tial cost outlay. While the method by which money police, which resulted in the arrest of the call cen- useful to help identify instances of crime conver- is transferred back to the principles is similar to the tre owner in March 2020.25 gence beyond an initial wildlife seizure event. During its previous multi-year investigation into method used to transfer money between countries the illegal trade in live turtles and tortoises within for transactions involving illegal wildlife, it is unlike- Asia, the Wildlife Justice Commission had identi- ly to account for the convergence in this case. fied a Bangladeshi national who was part of a rep- tile smuggling network operating between India, Information on the identity of members of this Bangladesh, and Thailand. network and evidence in relation to the illegally obtained company data was provided to the re- In May 2019, Wildlife Justice Commission opera- spective government authorities. tives received new intelligence indicating that this individual was now involved in setting up and op- Every year millions of people worldwide collec- erating “scam call centres” that were illegally obtain- tively lose billions of dollars to scam callers of- ing personal information of customers from vari- fering wide-ranging fraudulent “services” and ous companies located in the United States, United schemes to gain money. These are particularly dif- Kingdom, Ireland, and Australia. ficult crimes to investigate and prosecute due to the victims being located in another country to

23 Hawala is an informal ‘underground’ method of transferring money without any physical money movement taking place. Trans- 24 Jim Browning (2020), Spying on the Scammers series, accessed at: https://www.youtube.com/watch?v=le71yVPh4uk&feature=youtu.be actions are arranged through a network of hawala dealers, based on trust and balancing books. 25 https://www.bbc.com/news/technology-51740214 26 www.wildlifejustice.org 27

CASE STUDY stated that this trade had become lucrative due to the er countries in the region were involved in the pro- study in this report, the illicit proceeds were depos- amount of money that could be made by avoiding curement and supply of ivory as well as smuggling ited into third-party business accounts that dealt in customs duty on gold brought into India from abroad. of gold. The network was believed to be using the gold, precious metals, and jewels, to hide the illegal COMMODITIES INVOLVED 5 movement of gold to fund procurements in its wild- activities (see Case Study 7). Wildlife (various) and In June 2018, Wildlife Justice Commission opera- life business and as a method to conceal cross-bor- gold/precious stones tives identified a suspect in Kenya who claimed to be der financial transactions. able to supply illegal ivory. The case did not progress CONVERGENCE TYPOLOGY as the suspect had reportedly sold the ivory before In April 2020, operatives identified a Nigerian Diversification of commodities resources could be deployed to corroborate the in- suspect who was involved in the supply of large- telligence and investigate further. However, analysis scale quantities of ivory and pangolin scales and GEOGRAPHIC REGION on this suspect indicated he was also involved in the transportation of these products to multiple Asian Various procurement and sale of gold, although the exact destinations. This suspect was also able to source nature of his role in the industry was not known. other valuable commodities, including gold. Over the years, the Wildlife Justice Commission has Information was obtained during an investiga- There have been anecdotal reports of an increased identified many instances of criminal networks in- Image 7: USFWS officials seized more than USD tion in October 2018 that a Congolese national in convergence between several illicit commodity 2 million in cash, gold bars and precious stones, volved in large-scale wildlife trafficking that are also Uganda was able to supply both ivory and gold. Both trades in South Africa, including gold, chrome, cop- along with rhino horns and other wildlife products involved in smuggling gold and precious stones in commodities were suspected to be sourced from the per, and rhino horn.26 There is an apparent conver- in a 2012 case. Credit: USFWS. the black market. Although information in these cas- Democratic Republic of Congo and it is believed that gence in the smuggling methods for gold bars and es is limited as the Wildlife Justice Commission has they were smuggled to buyers in Uganda. rhino horns, with gold bars commonly smuggled in not pursued any further investigation into the smug- hand luggage on flights from South Africa to Dubai,27 INTERVENTION STRATEGY FOR gling of precious metals and stones, the volume of Operatives identified a suspect in Malawi in No- which is also how rhino horn is often moved before FUTURE CONSIDERATION instances points to this potentially being a notable vember 2018 who was involved in ivory trafficking as travelling on to destinations in Asia. Cash, gold bars, convergence typology in certain geographic loca- well as the illegal mining and subsequent illegal export and precious stones were also reported to be among Organised crime group mapping is a technique tions. Some examples recorded by the Wildlife Jus- of precious and semi-precious stones. It is believed that the products seized by USFWS officials in a 2012 rhi- to assess the level of criminality of a group and tice Commission include the following: the ivory and stones were moved through the same no horn trafficking case in the United States.28 It is prioritise investigation efforts on those groups that transportation channels to customers in Asia. possible that these commodities are used to hide il- pose the greatest threat. As this technique is focused In September 2017, intelligence was received that licit proceeds when smuggling wildlife commodities on networks, it lends itself well to identifying conver- an Indian national from Chennai who was involved in In March 2019, the Wildlife Justice Commission or could be used in exchange for payments of prod- gence and groups that are involved in a variety of smuggling tortoises and turtles was also involved in received intelligence that a West African criminal ucts. For example, in the shark fin trafficking case different crimes. smuggling gold from the Middle East to India. It was network operating across Nigeria and several oth-

26 https://www.businesslive.co.za/fm/features/2020-12-03-inside-sas-heist-culture-gold-guns-and-gangs/ 27 https://www.dailymaverick.co.za/article/2021-02-11-dubai-to-crack-down-on-gold-smugglers-travelling-to-the-emirate-state-via-south-africa/ 28 https://www.latimes.com/local/la-xpm-2013-may-15-la-me-rhino-horns-20130516-story.html 28 www.wildlifejustice.org 29

CASE STUDY the theft of rhino horns and mounted rhino heads worth millions of Euros between 2010 to 2013.30 During this period, 58 theft incidents involving 95 COMMODITIES INVOLVED 6 rhino horns occurred in Germany, France, Portugal, Rhino horns and various fraud Image 9: Ten of the 14 United Kingdom, Italy, the Netherlands, and Ire- and smuggling crimes Rathkeale Rovers who land. Europol coordinated a large joint investigation were arrested and con- called Operation Oakleaf to tackle the thefts, with victed in the United CONVERGENCE TYPOLOGY the participation of law enforcement agencies from Kingdom. Opportunistic convergence Credit: Durham Police/ 17 countries. In total, 31 members of the Rathkeale PA Wire. Rovers were arrested.31 During the sentencing of 14 GEOGRAPHIC REGION members of the group that had been arrested in the Europe United Kingdom in April 2016, it was described as an “extremely sophisticated conspiracy”.32 None of the stolen horns were recovered and all are believed to The Rathkeale Rovers are an organised crime net- have been trafficked to Asia. Several rhino horn traf- work of “travelling traders” based in Ireland but op- ficking cases involving the Rathkeale Rovers were erating internationally across a range of criminal also linked to the United States.33 The robberies prompted many museums and oth- GOOD PRACTICE activities including fraud, money laundering, drug er institutions across Europe to increase the security smuggling, and art theft. They are particularly notori- of their exhibits and remove rhino horns from dis- International cooperation on a large, joint law ous for their fraudulent schemes which have includ- play. As a result of these increased security meas- enforcement operation to investigate widespread ed trading in bogus electrical goods, counterfeit an- ures and the successful law enforcement response crimes which were linked by a similar pattern of tiques, and tarmacking scams.29 The Rathkeale Rovers there have not been any further thefts of rhino horn modus operandi. are a classic example of a diversified network that ac- from museums or other institutions, highlighting tively seeks new criminal opportunities to exploit. the opportunistic nature of convergence in this INTERVENTION STRATEGY FOR case. However, the group continues to operate and FUTURE CONSIDERATION As rhino poaching began to escalate in South Africa expand into other lines of criminal activity and has from 2010 due to the high demand and high prices most recently been reported to be trading in forged Intelligence analysis and organised crime group rhino horn commanded in the black markets in Asia, negative COVID-19 test certificates.34 mapping in this type of case are useful techniques to the Rathkeale Rovers master-minded an opportuni- identify and map out members of the criminal ty to exploit this trade from Europe. The group was Image 8: The horn from a black rhino was stolen network who may be dispersed across many countries behind a spate of organised robberies at museums, from the Museum in Ritterhaus in Offenburg, Ger- many. Credit: AFP/Getty Images. and to tackle the problem from an organised crime zoos, and auction houses across Europe targeting point of view.

29 https://www.sundayworld.com/crime/world-crime/from-africa-to-iceland-norway-to-new-zealand-rathkeale-rovers-travellers-have-dealt-in-eve- rything-from-tarmac-to-rhino-horn-40059841.html 30 https://www.irishmirror.ie/news/irish-news/crime/irish-sunday-mirror-investigates-irish-2274088 31 https://www.europol.europa.eu/about-europol/europol-20-years/europols-20-most-noteworthy-operations 32 https://www.independent.ie/irish-news/courts/rathkeale-rovers-gang-members-jailed-over-multi-million-euro-rhino-horn-spree-34597780.html 33 https://www.irishtimes.com/news/crime-and-law/member-of-rathkeale-rovers-jailed-for-rhino-horn-smuggling-1.3292633 34 https://www.irishtimes.com/news/crime-and-law/irish-gang-forging-negative-covid-19-tests-for-european-travellers-europol-warns-1.4473032 30 www.wildlifejustice.org 31

of the most valuable seafood products and mostly metals, and jewels, located in the United States, Mex- Fisheries crime used in shark fin soup, a popular delicacy in many ico, and Hong Kong SAR, to hide the illegal activities.

parts of Asia. Shark finning is estimated to account GOOD PRACTICE CASE STUDY for around 73-100 million shark deaths per year. This case demonstrates the benefits that a multi- agency investigation can bring to effectively ad- Multi-agency investigation enabled collabora- The conspiracy began as early as 2013. It is alleged dress all aspects of crime convergence when a crimi- tion between specialised law enforcement agencies COMMODITIES INVOLVED 7 the defendants operated a business in California nal network is dealing in diverse illicit commodities. and brought together the expertise and resources Shark fins and illicit drugs dealing in shark fins smuggled from Mexico, in vio- needed to tackle crime convergence in this case. lation of U.S. federal and state law, which then ex- CONVERGENCE TYPOLOGY ported multi-tonne shipments of dried shark fins Use of alternative legislation that can be Diversification of commodities to Hong Kong SAR. The defendants also purport- applied to the criminal scenario where relevant, to edly used a seafood front business in Florida, where tackle transnational, organised wildlife crime. It is GEOGRAPHIC REGION under state law licensed dealers are permitted to notable that although shark fin trafficking was a North America and East Asia trade in shark fins under certain conditions. Fake in- significant part of the offending of this criminal

voices and paperwork were created to make it ap- network, the charges in the indictment related to pear that the Florida business was invoicing and fi- drug trafficking and other ancillary offences. In September 2020, the multi-agency investiga- nancing the shark fin business and dozens of bank tion Operation Apex was initiated by the USFWS accounts were used to hide the millions of dollars in Financial investigation conducted in parallel to and the DEA under the umbrella of the Organised proceeds. During the operation, agents also seized the predicate offence to identify any associated Crime Drug Enforcement Task Force. It targeted and 18 totoaba swim bladders. The totoaba is a large, money laundering offences, payment methods, and shutdown an international syndicate that was alleg- critically endangered fish found only in the Gulf of the proceeds of crime to facilitate asset recovery. edly engaged in trafficking shark fins from Mexico California in Mexico, and its swim bladder is also a to Hong Kong SAR, drug trafficking in the United highly valuable product in the Asian black market.36 INTERVENTION STRATEGY FOR States, and money laundering. The indictment in Image 10: Shark fins and totoaba swim bladders FUTURE CONSIDERATION Operation Apex charged 12 defendants and two were among the items seized. The network members were also allegedly ship- businesses with drug trafficking conspiracy, money Credit: U.S. Attorney Southern District of Georgia. ping hundreds of kilograms of marijuana inter-state International cooperation and controlled laundering conspiracy, and conspiracy to commit from California. The indictment claims that couri- delivery to identify and further investigate network wire fraud and mail fraud.35 ers were paid shipping fees to take bundles of USD members who are located in other countries and 1-2 million in cash, or sometimes smaller amounts, involved further along the supply chain in buying Shark finning is the practice of catching sharks at to be laundered. The proceeds from the shark fin and distributing the illicit commodities. sea, cutting off their fins and throwing the injured and drug trafficking were deposited into third-par- shark back into the ocean to die. Shark fins are one ty business accounts that dealt in gold, precious

35 https://www.justice.gov/usao-sdga/press-release/file/1313441/download 36 https://www.justice.gov/usao-sdga/pr/international-money-laundering-drug-trafficking-and-illegal-wildlife-trade-operation 32 www.wildlifejustice.org 33

CASE STUDY or among boxes of other products such as dried Corruption is also known to be closely linked to fruit. From there, it is exported to Hong Kong SAR.38 South Africa’s abalone black market. In May 2018, In June 2020, South African police and environ- nine fisheries officials were arrested for colluding COMMODITIES INVOLVED 8 mental officials busted an illegal abalone process- with poachers,44 while two top officials in the fisher- Abalone and illicit drugs ing facility in Western Cape province, arresting two ies department have also been involved in separate suspects and seizing abalone worth over ZAR 5.4 scandals including rigging auctions of confiscated CONVERGENCE TYPOLOGY million (equivalent to approximately USD 374,000).39 abalone and sabotaging an investigation into an Transactional convergence of abalone syndicate.45 illicit commodities Shipments of illegal abalone are reportedly often exchanged for drugs such as methamphetamine or GEOGRAPHIC REGION its chemical precursors, embedding the trade with- GOOD PRACTICE Southern Africa in South Africa’s drug economy.40 This type of bar- ter is an example of transactional convergence, oc- Anti-corruption: Some instances of official Image 11: In June 2020, Police and environmental of- curring when criminal groups in different markets corruption associated with illegal abalone in South In many parts of Asia, abalone is another highly ficials busted an illegal abalone processing facility in purchase or exchange goods or services with each Western Cape province, seizing abalone worth over Africa have been investigated and suspects arrested. sought-after seafood delicacy. In South Africa, the other.41 Although this abalone-for-drugs criminal ZAR 5.4 million. Credit: Pixabay illegal trade in abalone to supply the high demand trade has been widely reported in South Africa by INTERVENTION STRATEGY FOR in Asian markets is driving a severe decline in stocks multiple sources, there is a dearth of specific cases FUTURE CONSIDERATION of the shellfish and drawing local fishing communi- of seizures or arrests involving both commodities, ephedrine hidden in a shipment of printer cartridg- ties into the criminal underworld. More than 96 mil- indicating that this convergence may not yet be ef- es destined for Madagascar.42 Anti-corruption: Continuing allegations of lion individual abalone are estimated to have been fectively targeted by law enforcement authorities. high-level corruption indicate the need for a poached in the 10 years from 2006-2016, with 90% The illegal abalone trade also exists alongside the systemic approach to identify and mitigate corrup- of them sent to Hong Kong SAR.37 One linked case that was recently reported in July legal commercial trade in wild-caught and farmed tion vulnerabilities in this sector. 2020 involved the seizure of 41 rhino horns at OR abalone, providing the potential for convergence be- The illicit abalone trade in South Africa is largely Tambo International Airport in Johannesburg from tween licit and illicit markets. This is particularly the Organised crime group mapping would be a controlled by Chinese criminal groups, who source a shipment declared as “fine art”, which was des- case once the product is outside of South Africa, as useful technique to help identify those criminal their product from local gangs operating in fishing tined for Malaysia. A further search of the ware- many key transit and destination countries along the networks who are involved in a variety of different settlements close to known poaching sites. The aba- house led to the discovery of abalone worth an es- supply chain do not have the legal provisions to rec- crimes and enable law enforcement to focus lone is typically dried in illegal processing facilities timated USD 66,000 destined for Hong Kong SAR ognise illegally sourced abalone, while the main aba- resources more efficiently on targeting those in South Africa, before being transported across the and approximately USD 40,000 worth of the drug lone species being exploited43 is not listed by CITES. groups posing a higher criminal threat. border by truck into Namibia, Zimbabwe, or Mozam- bique, with abalone hidden in false compartments

39 https://www.thesouthafrican.com/news/abalone-poaching-in-south-africa/ 40 https://globalinitiative.net/analysis/abalone-poaching/ 41 Management Systems International (2020), Strengthening the Rule of Law Approaches to Address Organised Crime: Criminal Market Convergence, accessed at: https://globalinitiative.net/wp-content/uploads/2020/03/ROL-and-OC-White-Paper-4-Criminal-Market-Convergence-March-2020.pdf 42 https://www.timeslive.co.za/news/south-africa/2020-07-14-rhino-horn-worth-r115m-disguised-as-fine-art-seized-at-or-tambo-airport/ 37 TRAFFIC (2018), Empty Shells: An assessment of abalone poaching and trade from southern Africa, accessed at: 43 Haliotis midae https://www.traffic.org/site/assets/files/11065/empty_shells.pdf 44 https://www.news24.com/news24/SouthAfrica/News/marine-inspectors-bust-for-allegedly-aiding-abalone-syndicate-20180306 38 https://www.theguardian.com/environment/2018/aug/19/poachers-abalone-south-africa-seafood-divers 45 https://www.groundup.org.za/article/fisheries-department-rots-top/ 34 www.wildlifejustice.org 35

CASE STUDY The investigation found that at least 1,456 crew mem- bers comprising 1,205 foreigners and 251 Indone- sians were forced to work very long hours in abusive COMMODITIES INVOLVED 9 conditions with no pay. The foreigners had been re- Fish and human trafficking/ cruited in Thailand —many were smuggled migrants modern slavery from Myanmar and Cambodia who had paid brokers Image 12: In April 2015, foreign fishing to help them find work and passage in Thailand and crew at the Pusaka Benjina Resources CONVERGENCE TYPOLOGY compound raise their hands as they are were then sold to boat captains— and brought to In- Transactional convergence asked who wants to go home. donesia using fake immigration papers and seamen Credit: Dita Alangkara/AP. books.48 This recruitment strategy is indicative of a GEOGRAPHIC REGION transactional convergence typology, with one crimi- Southeast Asia nal group supplying a service or good to another.

Apart from the labour and immigration crimes, in- Revelations of modern slavery in the fishing indus- vestigators also found other issues connected with try first emerged in Thailand in 2014, exposing so- the case including bribery, corruption, forgery of to their crew members.50 Although the investigation Related forms of convergence are evidently ongo- called “slave ships” that stayed out at sea for years at license and other documents, money laundering, and conviction are seen as a success for Indonesia ing in the global fishing industry, with a new case of a time, trading slaves from one boat to another and various tax-related crimes, and fisheries offences. Of in taking steps to clean up its fishing industry and abuse of fishing crew reported as recently as February serviced by cargo boats that collected the catch the 200 boats identified in Pusaka Benjina’s fishing address organised crime, many victims and observ- 2021. An investigation by the Advocate for Public In- and dropped off supplies. Investigations traced the fleet, only 68 had fishing permits. In June 2015, the ers have complained that the penalties were not terest Law and the Environmental Justice Foundation supply chain of seafood caught by these boats to Indonesian government announced it had revoked commensurate with the crimes and suffering inflict- alleged that more than half of the migrant workers many global retailers and supermarkets in the Unit- Pusaka Benjina’s license and banned it from any fur- ed on thousands of people over many years. interviewed who crewed South Korea’s distant water ed States, Europe, and the United Kingdom.46 ther fishery activities.49 fishing fleet were forced to work in excess of 18 hours Following this case, in October 2015 Indonesia es- a day, and almost all workers reported that they had These media reports sparked a multi-agency investi- Three Indonesian employees and five Thai boat tablished the Presidential Task Force to Combat Il- their passports confiscated by their captain and sev- gation by Indonesian authorities including immigra- captains were convicted in March 2016 and each legal Fishing (Task Force 115) as a multi-agency task eral months wages deducted at the start of contracts tion, fisheries and police, into Pusaka Benjina Resourc- sentenced to three years imprisonment and or- force dedicated to investigating illegal fishing and to discourage them from leaving or escaping.52 es, one of the largest fishing companies in eastern dered to pay a fine equivalent to approximately its convergence with other serious crimes, report- Indonesia. Pusaka Benjina operated dozens of boats USD 12,250. The five Thai captains were additionally ing directly to the President.51 suspected to be Thai-owned with Thai captains and ordered to pay a total of USD 67,800 in compensation foreign fishing crews.47

46 https://www.theguardian.com/global-development/2014/jun/10/-sp-migrant-workers-new-life-enslaved-thai-fishing 50 https://www.theguardian.com/world/2016/mar/11/seafood-slave-drivers-given 47 https://www.thejakartapost.com/news/2015/05/13/indonesian-police-arrest-7-seafood-slavery-case.html 51 https://setkab.go.id/en/president-jokowi-sets-up-task-force-to-fight-illegal-fishing/ 48 https://www.thejakartapost.com/news/2015/05/09/police-have-20-possible-suspects-benjina.html 52 https://www.seafoodsource.com/news/environment-sustainability/investigation-reveals-worker-abuse-on-korean- 49 https://www.thejakartapost.com/news/2015/06/23/govt-revokes-licenses-six-major-fishing-firms.html fishing-vessels-exporting-to-us-e 36 www.wildlifejustice.org 37

were called in to investigate the origin of the tim- Timber crime ber, which they suspected could be from protected

GOOD PRACTICE areas in the northeast of Thailand. They believed it CASE STUDY was likely the timber was being stored at the sus- Multi-agency investigation enabled collabora- pect’s house while waiting to be exported. DSI tion between specialised law enforcement agencies and the RFD were jointly investigating the case to COMMODITIES INVOLVED 10 and other relevant authorities, bringing together identify the convergence between the drug net- Timber and illicit drugs the expertise and resources needed to tackle crime work and the timber, with DSI analysing the finan- convergence in this case. cial trail to try to find a link with a particular illegal CONVERGENCE TYPOLOGY timber harvesting gang.53 Diversification of commodities An enduring multi-agency task force was estab- lished to provide the necessary resources and man- It has separately been reported that criminal GEOGRAPHIC REGION date to investigate illegal fishing and convergence groups in Thailand often pay illegal timber har- Southeast Asia and with other crimes in a targeted manner and on an vesters with methamphetamines. One forestry offi- South America ongoing basis. cial stated that when timber harvesters are arrest- ed, they are found in possession of yaba54 “nearly INTERVENTION STRATEGY FOR 100%” of the time, with drugs being a way to pay In Thailand in October 2020, when officers from FUTURE CONSIDERATION for labour and to launder money.55 the Department of Special Investigation (DSI) raid- ed the home of a deceased member of a drug net- Financial investigation is particularly important The intersection between timber and drugs is also Image 13: In April 2015, rescued Myanmar fishermen work, they had been expecting to seize assets ac- in complex cases involving a variety of potential seen in the Amazon region. Cocaine is often smug- prepare to depart Benjina, Indonesia to return home. quired from drug money. The deceased man had Credit: Dita Alangkara/AP. financial crimes that may be committed by individ- gled using the existing supply routes of the timber been connected to a THB 508 million drug case uals or legal entities. Financial investigation can industry, with heavy timber trucks discretely carry- (equivalent to approximately USD 16.9 million). In- help to identify the proceeds of crime to facilitate ing cocaine from forest production areas to commer- stead, they discovered a stockpile of rare timber asset recovery, and in the event that funds are cial shipping areas. Timber truck searches are often with an estimated value of THB 160 million (equiv- recoverable, these could be used to compensate avoided by drug enforcement agencies due to the alent to approximately USD 5.3 million), including the victims of crime. high volume of timber trucks on logging roads, the 409 planks of rosewood, 1,207 planks of blackwood, large quantities and significant weight of the timber, 170 planks of teak, and 17 planks of makha mong. and the amount of time a search would take. 56 Officers from the Royal Forest Department (RFD)

53 https://www.bangkokpost.com/thailand/general/2006027/drugs-case-leads-to-rare-wood-inquiry 54 Yaba tablets are an inexpensive mix of caffeine and methamphetamine. 55 https://chinadialogue.net/en/nature/the-guardians-of-siamese-rosewood/ 56 https://smallwarsjournal.com/jrnl/art/illicit-confluences-intersection-cocaine-and-illicit-timber-amazon 38 www.wildlifejustice.org 39

A major case was reported in Peru in 2008 with the CASE STUDY that he would return with the illegal 15% portion arrest of the mayor of Pucallpa, one of the most stra- GOOD PRACTICE after delivering the rest of the cargo, and the ship tegically important cities for Peru’s timber trade. The left port the next day. However, the investigation COMMODITIES INVOLVED 11 investigation started in 2003 when Peruvian law en- Initiating a joint investigation (between DSI and continued, visiting the locations cited in the timber Timber, corruption, and fraud forcement discovered 523 kg of cocaine hidden in a RFD) upon the discovery of other illicit commodities certificates to verify its extraction. plywood shipment and traced it back to one of the connected to the key suspect, to identify the nature CONVERGENCE TYPOLOGY mayor’s businesses. He was eventually arrested five of the convergence. Meanwhile, the ship travelled to the Dominican Re- Embedded convergence where the years later in 2008 and alleged to have controlled public where some cargo was unloaded, and then on crime types are inextricably linked the major drug trafficking routes from Peru to Brazil, Conducting financial investigation and follow- to Tampico, Mexico, where it was detained at the end using the logistical and commercial networks in his ing the money trail (in the Peru case) to identify illic- of January 2016. By this time investigators had found GEOGRAPHIC REGION timber business to move the cocaine. Police seized a it proceeds and assets and facilitate asset recovery. that 96% of the original cargo was “not of legal ori- South America total of USD 71 million worth of assets whose origin gin”. The companies exporting the timber denied any could not be accounted for, including 34 properties, INTERVENTION STRATEGY FOR knowledge of illegality, pointing to their official certi- 44 boats, and 200 vehicles, indicating how lucrative FUTURE CONSIDERATION fication documents and claiming to have purchased The largest illegal timber case in Peru demon- this timber-drug network was.57 the timber in good faith. The companies’ claims were strates deep and systemic connections between il- Organised crime group mapping would be a supported by several top-level politicians; however, legal timber and fraud, with official documents con- useful technique to help identify those criminal investigators working for the NGO Global Witness taining false information used to launder timber networks who are involved in a variety of different that was allegedly illegally harvested. During 2015, crimes and enable law enforcement to focus the Yacu Kallpa container ship moved over 1,312 m3 resources more efficiently on targeting those of illegal timber obtained in the Peruvian Amazon groups posing a greater criminal threat. that was taken from indigenous communities, farm- ing families and government lands, equivalent to the full freight capacity of 60 semi-trailers.58

The shipment was destined for Houston, United States, and in November 2015 on the morning it was set to depart Peru, a public prosecutor boarded the ship and attempted to seize 15% of the timber Image 14: The largest illegal timber case in Peru dem- that investigators had proven was of illegal origin. onstrated deep and systemic connections between The seizure attempt met with complications that al- illegal timber and fraud. legedly resulted in an agreement with the captain Credit: Environmental Investigation Agency.

57 https://insightcrime.org/news/analysis/drug-traffickers-take-note-of-perus-illegal-timber-trade/ 58 https://news.mongabay.com/2017/11/videos-detail-corruption-in-massive-illegal-peruvian-timber-case/ 40 www.wildlifejustice.org 41

had collected undercover video evidence of execu- and local infrastructure purposes. However, investi- CASE STUDY Already by the late 1980s, Taib’s family members tives from several of the export companies revealing gators discovered that instead, most of the logging and close associates were estimated to control that at least some of them, and possibly all, were well occurring in many of the local forests was actually over 1.6 million hectares of timber concessions in COMMODITIES INVOLVED 12 aware that the timber was illegal but felt protected large-scale and for commercial purposes. Sarawak constituting more than 10% of the state’s Timber, corruption, and by their ability to obtain fraudulent official docu- land. Taib and his wider family are regularly ac- money laundering ments.59 It was later reported that Mexican authori- cused of corruption and personally benefiting from ties eventually released the shipment, giving in to Sarawak’s natural and economic resources. Several CONVERGENCE TYPOLOGY diplomatic pressure and lobbying from the timber GOOD PRACTICE formal complaints against Taib of alleged corrup- Embedded convergence where the industry. The timber allegedly ended up in the Unit- tion and abuse of power have been lodged with crime types are inextricably linked ed States via several Mexican companies that sent it Collaboration between law enforcement au- police and the Malaysian Anti-Corruption Commis- to their subsidiaries based there.60 thorities and NGOs in sharing intelligence, conduct- sion (MACC) over the years.63 GEOGRAPHIC REGION ing joint investigations, and collecting evidence. Southeast Asia The investigation in Peru led to 52 cases involv- Taib has been linked to various timber scandals, in- ing more than 100 defendants, which are still in Use of specialised investigation techniques cluding a 2007 case when Japanese tax authorities the process of prosecution five years later. It also such as undercover operations to gather evidence revealed that Japanese shipping companies export- Abdul Taib Mahmud has been touted as the richest exposed several methods by which illegal timber and build a strong case for prosecution. ing timber from Sarawak had paid tens of millions individual in Malaysia, with his personal wealth es- is laundered into the legal supply, all of which re- of US dollars in illegal, secret kickbacks to Hong timated to be at least USD 15 billion.61 He held the ly on the participation of corrupt regional govern- Conducting further and follow-up investiga- Kong companies linked to Taib’s brother. In 2008, position of Chief Minister of Sarawak for more than ment officials who are responsible for approving all tions to help uncover the full extent of criminality an Indonesian newspaper implicated Taib in a tim- 30 years from 1981 to 2014, during which time he harvesting plans and permits. One of the methods linked to the case. ber scam involving around 30 shipments of illegal is alleged to have controlled a network of compa- involved purchasing timber from areas where log- Indonesian logs being imported into Sarawak every nies involved in illegal logging. Taib was not only ging is not permitted, using false certification docu- INTERVENTION STRATEGY FOR month and re-exported to other countries. Accord- the Chief Minister, but also concurrently Sarawak’s ments identifying it as being from a legal conces- FUTURE CONSIDERATION ing to investigation findings published by the NGO Minister of Finance and Minister of Planning and sion. Linked to this method, harvesting plans could Bruno Manser Fund (BMF) in 2012, Taib and his fam- Resource Management, giving him enormous polit- be drawn up by corrupt forestry consultants who Anti-corruption: The various methodologies for ily members are alleged to have amassed illegally ical power as well as absolute control over the allo- fake the tree locations to make it appear as though laundering illegal timber revealed during this inves- acquired assets worth billions of dollars in Malaysia, cation of timber licenses and logging concessions. they are within legal concession boundaries. tigation indicate the need for a systemic approach Canada, United Kingdom, Australia, and the United He was additionally chairman of the Sarawak Tim- to identify and mitigate corruption vulnerabilities in States, among others, and stakes in over 400 com- ber Industry Development Corporation, the regula- Another method exploited designated “local for- the forestry sector. panies worldwide.64 tory body for the logging industry which was also est” areas, which allow small quantities of timber to heavily involved in logging.62 be taken by local communities for self-subsistence

61 https://www.malaysiakini.com/news/209353 62 https://news.mongabay.com/2011/03/report-corruption-in-sarawak-led-to-widespread-deforestation-violations-of-indigenous-rights/ 63 https://www.malaysiakini.com/news/484233 59 https://insightcrime.org/news/analysis/report-exposes-inner-workings-timber-trafficking-peru/ 64 Bruno Manser Fund (2012), The Taib Timber Mafia: Facts and Figures on Politically Exposed Persons from Sarawak, Malaysia, accessed at: 60 https://ojo-publico.com/especiales/madera-ilegal/del-sur-al-norte-la-ruta-del-trafico-de-madera-del-amazonas/ https://www.brunomanser.ch/upload/berichte/bmf_taib_family_report_2012_09_20_2.pdf 42 www.wildlifejustice.org 43

Analysis and discussion

In June 2011, the MACC announced that Taib was Despite the evidence raised in these allegations, The 12 case studies indicate different types of organ- with each other, such as timber poachers in Thai- under investigation for allegations of timber cor- enormous personal wealth gained while earning ised crime and illicit commodities that have been ob- land who may be paid partly with drugs, or the il- ruption, following the Swiss authorities opening an a modest government salary, repeated corruption served to converge with wildlife crime, as well as dif- legal abalone traders in South Africa who exchange investigation in May 2011 and freezing his assets complaints, and numerous investigations conduct- ferent ways in which convergence can occur. They shipments for methamphetamine or chemical held in Swiss banks.65 A few months later, German ed across several countries, Taib’s high-level political demonstrate that criminal groups may have a range precursors. Convergence can also be embedded authorities followed suit and announced an inves- power has ensured he remains protected and no for- of motivations to diversify their activities and engage to such an extent that the crimes are inextricably tigation into corruption and money laundering re- mal charges of corruption or money laundering have in wildlife or other types of crime. linked, and neither crime could take place without lating to Taib and his connections with Deutsche been laid against him. In 2014, the MACC found that the “support” of the other, such as in the systemic Bank.66 Allegations were also raised of AUD 30 mil- Taib had not abused his position for corruption be- corruption and fraud underpinning illegal logging lion of corrupt proceeds relating to Taib’s business cause approvals of land and logging areas were made The case studies in this and timber trafficking in Peru. activities being laundered through the Australian by other ministers or the Sarawak cabinet rather than report demonstrate that real estate market67 and CAD 29 million laundered Taib himself.69 However, amid international pressure, Transnational crimes can also become highly con- through the Canadian real estate market.68 Taib resigned from the role of Chief Minister in 2014 criminal groups may have nected as criminal groups seek to become involved and was instead appointed as Governor of Sarawak – a range of motivations to in various types of smuggling – as it is often their a largely ceremonial position but still within the halls access to transport routes and the transit itself, of power.70 This case demonstrates the potential for diversify their activities and rather than the product, that is the most valuable timber crime to be linked to government officials at engage in wildlife or other commodity. Given this, focusing on identifying and the highest levels, and the complexity of investigat- mapping the trafficking network and assessing its ing such cases even where clear evidence exists due types of crime. vulnerabilities is key to address crime convergence. to the power and influence they can command. Convergence can occur opportunistically on an ad- The following observations can be drawn from the hoc basis, such as heroin trafficking in the Kromah case studies, which could assist law enforcement case; as a suspected complete “career shift” in re- agencies and policy makers to better understand sponse to changing conditions, such as the Bang- GOOD PRACTICE and address the convergence of wildlife crime with ladeshi reptile trafficker now involved in scam call other serious crimes. centres; or as part of a diversification strategy to International cooperation to investigate com- maintain flexible criminal operations, such as or- plex, high-level political corruption and money laun- Image 15: In June 2011, the MACC announced that ganised robberies of rhino horns from museums in Taib was under investigation for timber corruption, dering allegations in response to an NGO investi- the Rathkeale Rovers case. Convergence can also but in 2014 found he had not abused his position. gation (even though they were unable to achieve a Credit: Malaysiakini. be transactional when criminal groups in different successful result). markets purchase or exchange goods or services

65 https://www.sarawakreport.org/2011/05/swiss-president-orders-an-investigation-into-taibs-assets-exclusive/ 66 https://web.archive.org/web/20150411092506/ , http://www.sarawakreport.org/2011/09/taib-probe-opens-in-germany-breaking-news/ 67 https://www.michaelwest.com.au/allegations-family-of-malaysian-billionaire-taib-mahmud-laundered-money-in-australia/ 68 https://www.michaelwest.com.au/banks-and-audit-firm-sued-over-taib-mahmud-money-laundering/ 69 https://web.archive.org/web/20140302064255/ , http://www.themalaysianinsider.com/malaysia/article/no-proof-of-taib-power-abuse-as- sarawak-ministers-had-approved-land-for-his 70 https://thediplomat.com/2014/03/taib-mahmuds-really-excellent-retirement/ 44 www.wildlifejustice.org 45

is a common underlying factor present in almost The United States is one of the few countries that tal crimes often have lower penalties and are not as Common facilitating every case. Therefore, in order to counter any form does, which is demonstrated by two of the case stud- highly prioritised or resourced by law enforcement factors: Bribery and of wildlife crime, corruption must be addressed. ies where money laundering charges were included compared to other types of organised crime, and in the indictments – the Kromah case and the shark the role played by corruption in providing “protec- corruption fin trafficking case. Another two cases indicated the tion” to criminals so they feel more confident that In order to counter any presence of money laundering crimes although no they can act with impunity. Corruption is a major driver of all forms of wild- such formal charges were laid – the Pusaka Benjina life crime involving terrestrial wild animals, fisheries, form of wildlife crime, case in Indonesia and the timber scandals related to As an example, from 2016 to 2019 the Wildlife Jus- and timber, facilitating illegal poaching or harvest- corruption must be Abdul Taib Mahmud in Sarawak, Malaysia. “Following tice Commission investigated a prominent Viet- ing, transportation, processing, and sale of products the money” is an under-utilised investigation tech- namese wildlife broker, Nguyen Van Nam. His crim- at every step of the supply chain. It also creates a sig- addressed. nique that would provide an opportunity for law inal career progressed rapidly during this time and nificant advantage in favour of trafficking networks enforcement to identify, trace, freeze and seize the by 2019 he had asserted his position as one of Vi- over law enforcement agencies who are investigating Common resulting crime: proceeds of wildlife crime and remove the financial etnam’s top wildlife criminals and lead broker for these crimes, as corrupted officials protect traffickers incentive and expected reward for criminals. a prolific network responsible for trafficking vast from criminal justice and hinder investigative efforts. Money laundering quantities of elephant ivory and rhino horn from Wildlife crime is a lucrative industry that is attrac- Africa to China via Vietnam. Nguyen Van Nam was Examples of bribery and corruption can be overt- tive to organised crime groups because of the po- eventually arrested in Hanoi on 30 September 2019 ly seen in the majority of the 12 case studies, but tential to enjoy large profits with relative impunity. Opportunities for law in connection with the illegal trade of 204 kg of ivo- undoubtedly would also be covertly present in a The high prices and high returns that some wildlife ry, and on 16 July 2020 he was convicted and sen- high proportion of cases to facilitate the movement enforcement agencies products command in illicit markets, such as rhino tenced to 11 years in prison.71 The Wildlife Justice of products across borders. It is most formidable in horn and ivory, indicate the existence of signifi- Commission’s investigative findings clearly showed timber and fisheries crime cases, where corruption cant illicit financial flows that may be laundered in Easier entry point for investigation Nguyen Van Nam’s operations to be neither particu- relating to the provision of fishing licenses and log- various ways to disguise their illegal origin. Money larly sophisticated nor criminally shrewd. He regu- ging concessions can extend to the highest levels laundering is a common resulting crime linked to During investigations, the Wildlife Justice Commis- larly displayed poor criminal tradecraft, continuing of government. Its ability to stymie cases in court is any proceeds-generating crime; however, not many sion’s encounters have shown that in some cases to use the same phone number and requesting pay- evident in the both the Kromah and Akasha cases, countries conduct financial investigations to iden- wildlife criminals are not as operationally savvy as ments to the same bank accounts throughout the and the role it can play in selling back seized goods tify the proceeds of crime or possible money laun- other types of organised criminals, making wildlife entire investigation. Nguyen Van Nam also regular- or sabotaging investigations can be seen in the ille- dering offences related to wildlife crime. crime appear more like “disorganised” crime at ly disclosed valuable information that revealed the gal abalone trade case. As a result, corruption goes times. This can be due to the fact that environmen- inner workings of his operations, which is unusual far beyond simply being a convergence crime, as it

71 https://e.vnexpress.net/news/news/204-kg-ivory-haul-lands-three-traders-in-jail-4132021.html 46 www.wildlifejustice.org 47

compared to top-level criminals in other crime as the Akasha brothers’ case and the shark fin traf- seizure, with or without a warrant, and may enter vestigations to remain focused on the greatest crim- types. This serves as a reminder that wildlife crimi- ficking case— with charges instead focusing on any licensed wildlife premises at any time to con- inal threat. Therefore, intelligence must form part of nals can sometimes present an easier entry point for the convergent crime and ancillary offences. There duct an inspection. The ability to act even without any overarching strategy to tackle wildlife crime. Yet, the investigation of organised crime. could be many reasons for this, such as the pursuit a warrant and to inspect premises at any time can the lack of both technical and human capacity is a of higher penalties under alternative legislation, or be an advantage during investigations where a major obstacle to the widespread use of intelligence Similarly, the unravelling of the Kromah network had to reduce the complexity of prosecuting and adju- rapid response is crucial, such as those investiga- analysis, and as a result, there are major gaps in the much to do with the analysis of his phone records, dicating the case in court; however, a joint, multi- tions involving live animals, and may be able to be global intelligence picture of wildlife crime. which yielded evidence of several years of criminality agency investigation can help enable these types of leveraged by other agencies in relevant cases dur- while operating with the same phone number. strategic decisions to be made. ing joint investigations. Intelligence analysis is an A multi-disciplinary The role of incredibly important force Joint investigations multiplier where resources to target convergence approach can offer up intelligence analysis a range of alternative are low and the problem On the other hand, the most serious wildlife crime Although intelligence analysis is commonly used is vast, as it allows for cases sometimes go beyond the capacity of envi- legislative options to in response to other forms of serious and organised ronmental police or wildlife authorities to handle explore all angles of crime, it is virtually absent from the wildlife crime investigations to remain alone, and this is particularly the case when they enforcement toolbox. Intelligence analysis is an in- focused on the greatest are converging with other forms of organised crime. the criminal scenario. credibly important force multiplier where resources As several of the case studies in this report show, are low and the problem is vast, as it allows for in- criminal threat. convergence can be most effectively addressed through joint investigations and multi-agency task Advantages of wildlife forces. A multi-disciplinary approach can offer up a crime laws and powers range of alternative legislative options to explore all angles of the criminal scenario as well as alter- Wildlife crime laws in some countries provide native powers and expertise of other law enforce- law enforcement powers that may not exist for ment agencies that may be better suited to com- other offences, which can provide certain advan- plex, transnational investigations. It is notable that tages during investigations. For example, under in several of the case studies in this report, wild- the Wildlife Conservation Act 2010 in Malaysia, life trafficking charges were not laid despite clear enforcement officers have the full powers of po- evidence of wildlife trafficking offending —such lice investigation including arrest, search, and 48 www.wildlifejustice.org 49

Leveraging the full Standardised data collection law enforcement focus is on the criminal networks as intelligence cycle a whole, rather than individuals, to determine where There is currently an over-reliance on NGOs to collect the greatest level of risk lies and prioritise resourc- The collection of information is one of the early wildlife crime data and information, with few govern- es in the most efficient way to address the problem stages of the intelligence cycle. However, too much ments holding their own comprehensive datasets. from an organised crime point of view. Targeting emphasis is placed upon this, and not enough on Unlike other illicit commodities (and most notably criminal networks in this way can then lead to the the analytical stages, which should aim to extract illicit drugs), there is no universal, standardised data potential disruption of multiple criminal activities si- meaning from the information. collection for wildlife. This may be complicated by the multaneously, rendering networks less efficient and fact that there is no agreed legal definition of wildlife having a greater overall impact on reducing crime. crime and great variations from country to country LIGENC on which wildlife species and products are protected TEL E C by national law, and which acts involving protected Applying analytical techniques IN YC species constitute a criminal offence. However, the to identify convergence E L H E lack of standardised data collection creates huge T challenges when it comes to compiling and analysing Crime series are defined as incidents that demon- 6 1 data across a range of sources. Price data in particu- strate at least one commonality in the method used ProcessingUtilization Planning and Direction lar is vital to provide a deeper understanding of the to commit the crime. Such observed characteristics criminal dynamics behind the trade, and with a con- allow for the attribution of several crimes which may vergence lens it can provide a common unit to ena- fit the series to one offender or a network of offend- 5 2 ble unlike species and commodities to be compared ers. Applying analytical techniques such as crime pat- Dissemination Collection and monitored over time as an index. It also enables tern analysis to identify crime series will provide more the calculation of revenues accruing to criminals, insight as to how such crimes may be further linked. which is crucial for financial investigations. Another useful technique that can increase insights about organised crime driven by high-value com- 4 3 modities such as rhino horn or illicit drugs, is the ex- Analysis and Processing Production Identifying the highest threats amination of the flow of commodities. Tracing the flow of illicit drugs, ivory, shark fins, or other products in a Intelligence analysis and organised crime group trafficking network may allow for the identification of mapping are valuable tools to identify and manage those involved in the importation and distribution of the highest threat from organised crime. Particularly the commodity. A flow chart is a useful tool in a crimi- in the context of crime convergence, it is crucial that nal business profile which can illustrate business and financial processes. 50 www.wildlifejustice.org 51

Conclusion and recommendations

Convergence between wildlife crime responses to address it. The case studies text, but is currently not happening could have a significant impact on and other forms of organised crime has also show that wildlife crime is a cross- enough to enable authorities to under- disrupting and dismantling transna- long been recognised but the extent to cutting criminal activity which cannot be stand the rate at which crime is inter- tional organised crime groups across which it is occurring has remained a tackled in isolation from other crimes. twined and for further connections to a range of crime types. matter of debate, due to the lack of be established. Crime is still often data and empirical evidence. The result looked at in terms of individuals and is that intelligence opportunities to fully Crime convergence should specific commodities, particularly in the There is also a lack of financial and understand the nature of the threat are field of wildlife crime, where instead it be further studied and corruption investigations that run in being missed and resources are not should be assessed and dealt with in integrated as part of the parallel or in response to wildlife crime being allocated appropriately in re- terms of the size of the threat posed by cases, despite clear and frequent con- sponse to the problem. approach to tackle wildlife a particular organised crime group and vergence with these crimes. If a crimi- crime and organised the means and motivations of that nal group can send a shipment of wild- crime more broadly. group to commit crimes. life products to a country with fake The case studies illustrated in this report address and contact details and no provide a range of examples of how legitimate means of identifying the crime convergence is occurring on the Due to the “lower risk” profile of wild- recipients, then it stands to reason that ground, with the aim of further develop- Intelligence analysis and a toolbox of life crime, wildlife criminals are often they could also do the same for other ing the knowledge base around this analytical techniques such as organised less guarded and operationally savvy, commodities including illicit drugs and issue. Crime convergence should be crime group mapping, crime pattern which can present an easier entry firearms. Such shipments clearly sug- further studied and integrated as part of analysis, flow of commodities, and point for law enforcement to infiltrate gest corrupt collusion, but these investi- the approach to tackle wildlife crime more, can lead to greater insight of criminal networks that may be engag- gations are not followed up. As income and organised crime more broadly, as where and how wildlife crime may be ing in multiple forms of organised streams, criminal groups may see little an improved understanding of this converging with other crimes. However, crime. Utilising such investigative op- difference between commodities, al- intersection can help to identify more intelligence needs to be shared for it to portunities that target and remove the though it does not mean that such strategic policy and law enforcement be of value in a law enforcement con- common nodes between networks nexuses exist in every case. 52 www.wildlifejustice.org 53

Identifying if convergence exists can facilitate the sharing of intelligence in a necessary law enforcement expertise to vi Greater utilisation of specialised also be useful during the adjudication timely and secure manner – both intera- target convergence and explore all investigative techniques such as commu- and sentencing of cases, to under- gency and cross-border. This would angles of the criminal scenario. nications interception, undercover oper- stand the full extent of crime and greatly contribute to improved global ations, the use of listening and tracking aggravating circumstances that are intelligence compilation, analysis, and devices, and controlled deliveries would involved and ensure that appropriate sharing for wildlife crimes. iv Consideration should be given to enable investigators to gain a better penalties are applied commensurate using alternative legislation relating to understanding of where crime conver- with all aspects of the case. the convergent or ancillary offences gence may exist between wildlife crime ii Organised crime group mapping where relevant and appropriate. This and other serious crime types, and to should be an essential tool to identify approach may enable strategic decision develop a coordinated law enforcement Based on the case studies and analysis, how and where convergence may be making relating to the use of alternative response if such crimes are identified. the Wildlife Justice Commission suggests occurring, and to tackle wildlife crime law enforcement powers or the applica- the following recommendations to assist from the point of view of organised tion of higher penalties, for example. law enforcement authorities and policy crime. Crime should be assessed in terms makers in strengthening their focus on of the size of the threat posed by a wildlife crime convergence: particular organised crime group and v Financial and corruption investiga- the means and motivations of that group tions should be conducted in parallel or to commit crimes, and law enforcement in response to wildlife crime cases to i More consideration should be resources allocated accordingly. identify any associated money launder- given to intelligence collection and ing or corruption offences, payment governments developing their own methods, and to identify comprehensive wildlife datasets. Linked iii Multi-agency cooperation, joint the proceeds of crime to to this, it is also important that frame- investigations and task forces should be facilitate asset recovery. works and protocols are developed to utilised where appropriate to bring the Law enforcement and legal experts fighting transnational organised wildlife crime.

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