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

Group

y

b

d

e

n

w O

Contracts

Local Governor 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 Singapore and Rule of Law 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

India Slovak Republic Egypt, Arab Rep.

Turkey China Philippines Bulgaria Zimbabwe Brazil

South Africa Bolivia Vietnam Mexico Peru

El Salvador Venezuela, RB Ecuador Russian Federation Ukraine

ROL Colombia OC Indonesia 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

CORR Venezuela, RB Indonesia OC Peru

Source: World Economic Forum, 2000 (organized crime and corruption in legal system)

Ecuador Bolivia The Link Between Organized Crime and Enforcement of the BankingUnited States and Securities Canada Germany Regulations France

Netherlands United Kingdom Italy Belgium Japan Chile Spain

Costa Rica

Austria

Poland Hong Kong, China

Brazil South Africa Argentina Thailand Bolivia Greece Mexico

HungaryIndia Peru Turkey

Colombia Venezuela, RB Indonesia

Czech Republic China

ENF Russian Federation Slovak Republic 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 Switzerland UnitedNorway Kingdom

Germany and Regulatory DiscretionCanada Netherlands France Sweden

Denmark Chile

Australia United States Spain Austria

Japan Ireland Peru Portugal

Belgium

Mexi c o CzechArgentina Republic

Brazil

Slovak Republic Hungary Colombia Italy Poland Costa Rica Greece

Venezuela, RB REGDIS Ukraine Russian Federation 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