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By UN CICP Corruption on the Palermo’S Convention By UN CICP Corruption on the Palermo’s Convention Article 8 Criminalization of corruption 1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally: (a) The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties; (b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties…. Organized Crime Group Group of three or more persons that exists during certain time. It acts by previous agreement, with the objective of commiting one or more serious crimes (4 years of jail). With the aim of obtaining financial or other material benefit O.C. links with Violence The O.C. Groups exert their powers and Corruption through the threat and use of violence Information Centralized Systems used against O.C. must: ID the organizational structure and the “company” shape ID product/service offered ID and block modus operandi (supplying logistic, production, marketing and financial channels) 1st Level: Bribery 2nd Level: Continuous Acts of Bribery (“On payroll”) 3rd Level: Infiltration into Government Agencies 4th Level: Infiltrating the Government (Higher level) 5th Level: Infiltrating the Political Arena Organized Crime Group The bribe is offered or solicited for a single act. For example: to obtain a passport, licenses or to get information designed to enable Public Officer criminal advantage. The O.C. Groups obtains an advantage False identities and documents Advance information about police activity Manipulation of official records Disappearing evidence Access to jury identities Drug Trafficking Cartel Border DRUG Custom Officers Organized Crime Group Bribe payments are ongoing. Ensures a continuous flow of information and protection from Periodically police intrusion into criminal Public Officer activities. O.C. Groups obtain constant access to confidential information allowing them to maintain patterns of illegal activity The O.C. Groups remain “one step ahead” of Police Strength the socio-economic status of public officers with fair and competitive salaries Implement strong penalties for breaches of public duties Encourage “whistle-blowers” Train and assign Integrity Officers to corruption-prone government operations Reduce individual discretion Drug Lord Information about: • CourtOrders •Raidorders •Operations Military Officer 3rd Level: Infiltration Into Government Agencies (Operative Level) Organized Crime Group infiltration is Member sporadic within B lower ranking E C official positions. O M OC members and E S friends gain employment in law enforcement Public Officer agencies,judiciary Prosecutor’s Office and other operations. 1) Applying for Job 2) “Buying” the Job Vacancies The O.C. group supports The O.C. group bribes or one or more members or blackmails officials to friends to participate and place its members and apply for job vacancies friends in the government with the Government. post. Organized Crime Crime Organized Local Governor Local Group Contracts Owned by 4th Level: Infiltrating the Government (Medium-tactical Level) Organized Crime Group This infiltration can encompass entire C O branches or higher N T R ranking officers. O L L Top Officials in Law E D Enforcement, Prosecutor’s Office and other sensitive Higher Rank government offices Public Officer are OC members. 1) Placement of 2) Control of the Chief Corrupted Officers of Section/Region into Higher Office The O.C. group use bribery and Bribery, blackmail and coercion is blackmail to support Officers used to control the chief previously corrupted by their decision-maker of an entire organization to higher ranks with branch of government.OC can broader access to information. continue operating with very This “support” is repaid to OC little risk of discovery or with increased protection and successful prosecution. access to more useful secret police information O.C. Groups need support from government officials in order to maximize profits bribery and extortion are used to influence police, judges and other key officials OC gains control over entire sectors of the economy Drug Lord Rival Drug Cartels BECAME Anti-Drug Zsar General Head of a Military Region Wife Military Attache to an Embassy Organized Crime DRUG Group Diplomatic Pouch Transparency in the hiring process including public notification of potential candidates. Strengthening promotional testing and strict secrecy of test questions Vetting process thorough background investigations and polygraph test (updated financial statements, family ties, etc.) Public disclosure of assets Organized Crime Group CongressmenMinisters Politicians Law Enforcement (For Security) (Mayors, Governors, etc.) Inter-related mecanisms to translate social preferences into public policies. Scale Actors State capture Budgets distorted Social investment reduced Access to the poor is hampered Hampers Democracy Participating in Political Campaigns (giving money, media support and others) Buying votes for candidates and corrupting the democratic election process Lobbying other politicians for support using bribery and blackmail Exploiting O.C. Members’ family links Creating “debts” for politicians to “repay” later by using blackmail and extortion Drug Trafficker BECAME Representative of National Security CONTINUED Drug Trafficking Drug Lord Campaign Treasurer Former Representative Offer the Money Former Diplomat Presidential Candidate Drug Trafficker BECAME Senator BECAME CONTINUED Governor of Touristical State Drug Trafficking Drug Traffickers Group To let them “Work” 60 MM US$ Politicians The State should increase financial support of political parties and campaigns Strengthening the laws of media concentrations, combating monopolies Increasing the transparency of contributions Public disclosure of candidate background including criminal records and links Strengthening banking and securities’ regulatory capacities An appropriate legal framework making it possible to fight OC effectively by following the Palermo Convention standards -(e.g. bank and securities regulations, witness protection laws, RICO-type statutes); Compatible-harmonized legal norms among states; Harmonize, enhance, and coordinate international law enforcement efforts and capabilities; An informed media with the capacity to address the issue with sophistication while promoting democratic approaches in the fight against O.C.; An informed population ready to fight the issue. This includes the development of significant literature to keep the citizenry informed; Schools incorporating civic tools into their curricula to counteract OC activities; The Link Between Organized Crime and Rule of Law Singapore NewNorway Zealand Austria Finland United Kingdom Denmark Sweden Luxembourg Netherlands Australia Canada Germany Iceland Japan Ireland Hong Kong, China Mauritius United States Chile PortugalFrance Spain Israel Taiwan,Korea, China Rep. Italy Malaysia Belgium Hungary Jordan PolandCosta Rica Czech Republic Greece Thailand Argentina Slovak Republic India Egypt, Arab Rep. ChinaTurkey Philippines Bulgaria Zimbabwe Brazil South Africa Bolivia Vietnam Mexico Peru El Salvador Venezuela, RB Ecuador Russian Federation Ukraine Colombia Indonesia ROL OC Source: World Bank and World Economic Forum 2000. The Link Between Organized Crime and Corruption in Legal System UnitedNewNorway ZealandKingdomAustralia IcelandDenmark NetherlandsCanadaGermany Sweden Singapore Ireland Hong Kong, China Switzerland Austria Israel Japan United States Belgium France Spain PortugalJordan South Africa Mauritius Zimbabwe Hungary Egypt, Arab Rep. Italy Chile Costa Rica Turkey Greece Malaysia Taiwan, China Brazil Czech Republic Poland Thailand India Korea, Rep. Colombia Argentina Slovak Republic Russian Federation Bulgaria Vietnam China El Salvador Mexico Ukraine Philippines Venezuela, RB Indonesia Peru Ecuador Bolivia CORR OC Source: World Economic Forum, 2000 (organized crime and corruption in legal system) The Link Between Organized Crime and Enforcement of the Banking and Securities Regulations United States Canada Germany France Netherlands United Kingdom Italy Belgium Chile Japan Spain Costa Rica Austria Poland Hong Kong, China South Africa Brazil Argentina Thailand Bolivia Greece Mexico HungaryIndia Peru Turkey Colombia Venezuela, RB Indonesia Czech Republic China Russian Federation Slovak Republic ENF OC Source: (University of Vrginia Center for International Law and Economic Development--CILED Index) and World Economic Forum 2000 (organized Crime). The Link Between Organized Crime and Regulatory Discretion Switzerland UnitedNorway Kingdom CanadaGermany Netherlands France Sweden Denmark Chile United States SpainAustralia Austria Japan Ireland Peru Portugal Belgium Mexi c o CzechArgentina Republic Brazil Slovak Republic Hungary Colombia Italy Poland Costa Rica Greece Venezuela, RB Russian Federation Ukraine REGDIS OC Source: World Economic Forum 1998 (regulatory discretion) and World Economic Forum 2000 (organized crime) http://www.odccp.org/corruption_toolkit.html Anti-Corruption Tool Kit Anti-Corruption Publications.
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