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THE THREATS POSED by TRANSNATIONAL CRIMES and ORGANIZED CRIME GROUPS Frank J. Marine*

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THE THREATS POSED by TRANSNATIONAL CRIMES and ORGANIZED CRIME GROUPS Frank J. Marine* 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS THE THREATS POSED BY TRANSNATIONAL CRIMES AND ORGANIZED CRIME GROUPS Frank J. Marine* I. INTRODUCTION international commercial activity can also be used by criminal networks to improve This conference is especially important their own communications and to quickly and timely because in the 1990s, the carry out criminal transactions, especially problems to the world community posed by money laundering. transnational crimes and organized crime groups have increased significantly and are For example, through the use of likely to continue to increase in the near computers, international criminals have an future. There are several principal reasons unprecedented capability to obtain, that account for this unfortunate increase process, and protect information and in transnational and organized crime sidestep law enforcement investigations. activities. They can use the interactive capabilities of advanced computers and First, the increased volume of trade telecommunications systems to plot among nations, which of course has greatly marketing strategies for drugs and other benefited legitimate business interests, has illicit commodities, find the most efficient also generated greater opportunities for routes and methods for smuggling and criminals to criminally exploit such moving money, and create false trails for business and trade. law enforcement or banking security. The use of computers has enabled Colombian Second, the decrease in customs and drug traffickers in particular to keep more other regulatory barriers to international flexible and secure records of transactions travel and business has also had the and money laundering activities. unintended effect of aiding criminals International criminals take advantage of engaged in smuggling of narcotics and the speed and magnitude of financial other contraband. transactions and the fact that there are few safeguards to prevent abuse of the system Third, similarly, the proliferation of air to move large amounts of money without transportation connections and the easing scrutiny. of immigration, visa and travel restrictions in many counties to promote legitimate Fifth, international criminals are interests has also facilitated criminal becoming more sophisticated in their activity and the movement of criminals operations, using modern business across international borders. techniques and technology to facilitate their criminal activities and to thwart law Fourth, modern advanced enforcement efforts. Such organizations telecommunications and information also employ individuals with specific systems that are used in legitimate expertise to facilitate their criminal * Deputy Chief, Organized Crime and Racketeering activities, including transportation Section, Criminal Division, U. S. Department of specialists, computer experts, financial Justice, United States. experts to launder their money and manage 25 RESOURCE MATERIAL SERIES No. 54 business investments, and attorneys to II. DEFINITIONS identify loopholes in laws and regulations It is important to note that the concepts that enable criminal networks to launder of transnational crimes and organized money and establish front corporations and crime are different and distinct, even businesses. though they are interrelated and overlap. Sixth, unfortunately, consumption of As I use the term, “transnational crimes” illegal drugs has increased in some refers to serious crimes that either countries leading to greater problems posed significantly affect more than one country by trafficking in illegal narcotics. or are carried out across national borders and thus involve criminal activity in more Seventh, the breakup of the Soviet Union than one country. in 1991 and the related break up of the Soviet Bloc has led to the development of As I use the term “organized crime”, I many organized crime groups that have am not referring to a particular offense or recently engaged in substantial criminal crime. Indeed, in the United States there activities, especially effecting the European is no criminal offense designated community and the United States. “organized crime”; as in the United States it is not a crime “per se” merely to be a Eighth, the new governments that have member of an organized crime group. This emerged from the former Soviet Bloc are is so because in the United States criminal making significant advances, but still have offenses are defined by the specific conduct not yet had enough time to develop and that is made criminal, and not by the implement laws, regulations and business nature of the group that is committing the practices to adequately address the offense. Therefore, it is a crime for anyone problems of crime and public corruption to commit conduct that is made criminal posed by organized crime groups. regardless of whether the offender is or is not a member of an organized crime group. In sum, these and other recent developments and trends have contributed Moreover, United States law to growing transnational criminal activities enforcement does not use any particular and the expansion of organized crime rigid definition of “organized crime”. groups. The cost to the world community Rather, United States law enforcement caused by organized crime groups and uses an extended list of criteria or transnational crimes includes not only loss attributes that typically are shared by of billions of dollars, lose of life and physical organized crime groups. Thus, organized injuries, but also entails substantial public crime groups possess certain corruption. The combined effect of these characteristics which include but are not adverse consequences tends to undermine limited to the following : the security and stability of governments themselves. Indeed, the adverse (1)The groups have a hierarchical consequences of such criminal activities structure and continue over an can not be understated. It is therefore extended period of time and are self- essential that the international community perpetuating. That is, the continue to work together closely to address organization continues its illegal these very serious problems facing us all. affairs even after the death or imprisonment of some of its leaders 26 108TH INTERNATIONAL SEMINAR VISITING EXPERTS’ PAPERS and members. of an organized crime group are that the group has a hierarchical structure, (2)Their illegal activities are continues its illegal activities over an conspiratorial. extended period of time, is self- perpetuating, and engages in diversified (3) In at least part of their activities, they criminal activities for profit. commit or threaten to commit acts of violence or other acts which are likely It is also noteworthy that while virtually to intimidate. all serious and sophisticated criminal activity involves some degree of (4) They conduct their activities in a “organization”, and some degree of joint methodical, systematic, or highly conspiratorial undertaking, such disciplined and secret fashion. organization, in my view, does not necessarily make such criminal activity (5) They insulate their leadership from “organized crime”. If that were the case, direct involvement in illegal activities then virtually all serious crimes would be by their intricate organizational considered “organized crime” because structure. virtually all serious crime involves “organization”. (6) They attempt to gain influence in government, politics, and commerce It bears emphasis that, in my view, the through corruption, graft and terms “transnational crime” and “organized legitimate means. crime” are not synonymous. Although organized crime groups may commit (7) They have economic gain as their transnational crimes, organized crime primary goal not only from patently groups also often engage in criminal illegal enterprises such as drugs, activities that mostly affect the country in gambling and loansharking, but also which they operate with little direct effect from such activities as laundering on other countries. Conversely, illegal money through and transnational crimes are not only investment in legitimate business. committed by organized crime groups, but are also committed by offenders who are As you can see by this criteria, United not members of recognized crime groups. States law enforcement uses the term “organized crime” to refer to organized I hope that the distinctions I am drawing crime groups that reflect these between transnational crimes and characteristics, and the term does not refer organized crime will become clearer as I to a particular offense or crime. discuss these concepts in more detail and illustrate my point by specific examples. I realize that others may define “organized crime” differently and I do not With these definitions in mind, I would mean to suggest that these criteria are the now like to briefly summarize the principal only criteria for defining or describing transnational offenses that in my view organized crime. Rather, I am only stating affect the United States and many other that these are the criteria that federal law countries. By no means does the list enforcement uses in the United States. necessarily contain all transnational crimes, however, I would like to focus on By way of emphasis, the key attributes the principal ones in my view. Then, I 27 RESOURCE MATERIAL SERIES No. 54 would like to briefly describe the principal methamphetamine, an illicit drug organized crime groups that are operating associated with particularly violent in various countries that also have impact aberrant
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