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Challenging the Russian Mafia Mystique 4 Defining Organized Crime

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Challenging the Russian Mafia Mystique 4 Defining Organized Crime Challenging the Broad Tom Photo source: Russian Mafia Mystique by James O. Finckenauer and Elin Waring about the author he tall man with dark hair James O. Finckenauer is the Director of NIJ’s International Center. He is on leave from and eyes sweeps out of a his position as Distinguished Professor of Criminal Justice at Rutgers, the State University T Lincoln Navigator wearing of New Jersey. Elin Waring is an Associate Professor of Sociology at Lehman College and a long, black leather coat, an impec- the Graduate Center of the City University of New York. Finckenauer and Waring coauthored cably tailored suit, and a scar that Russian Mafia in America (Northeastern University Press, 1998). everyone knows not to mention. He runs his organization with an iron fist and demands absolute loyalty of law enforcement organizations heritage, including the state-run, from his “family.” His English has in New York, New Jersey, and centrally planned Soviet command only a slight Russian accent, and Pennsylvania created the Tri-State economy, which resulted in short- he has influential friends in the Joint Soviet-Emigre Organized ages and, therefore, widespread U.S. Congress, courts, and law Crime Project (TSP) in 1992. bribery and thievery. (See “Studying Russian Crime and enforcement—friends over whom For instance, theft of state property Criminals,” page 4.) Drawing on he has considerable influence. This or use of it for personal profit was information collected by TSP and godfather stereotype is often the not viewed as wrong. This belief several other research initiatives, the perception that Americans have stemmed from the centuries old about criminals who have arrived research reported here describes distinction between stealing from a here from the former Soviet Union the historical context, the types of peasant, which would be considered and the so-called “Russian Mafia.” crime in which Russian criminals wrong, and stealing from the czar It is almost entirely inaccurate. in the United States have been and nobility, which was not regard- implicated, the extent to which these ed as wrong. This belief carried Following the collapse of the Soviet activities fit definitions and under- over into the Soviet period, with Union in 1991, movies and television standings of organized crime, and the state taking the role occupied shows featured depictions of crimi- most importantly, whether what is by aristocrats. nals from the former Soviet Union as seen is mafia-like. (See “Defining the newest type of “romantic” gang- Organized Crime,” page 5.) For In this atmosphere, three tiers of ster, and newspapers and magazines purposes of simplicity, all persons organized crime developed in the published chilling articles about in question will be referred to as Soviet Union. The first tier was 1 “Russian godfathers.” Although a Russians. high-level government and party few serious works have begun to bureaucrats; the second was shadow appear, such as Russian Organized economy operators who produced Crime: The New Threat? edited by Historical Context goods off the books; and the third Phil Williams and Red Mafiya by of Russian Crime was professional criminals, includ- Robert I. Friedman, what is known ing the vory v zakone (thieves in The use of bribery, black markets, is still more anecdotal than empirical law). The roots of the vory v zakone and other schemes to survive in are usually traced to the Soviet in nature. 2 Soviet society is well documented. prison system, and most notably to It was in response to this absence of This connive-to-survive attitude the Stalinist gulags. They are distin- solid information that a consortium is borne out of the shared Soviet guished by being completely com- mitted to a life of crime. They fol- low only their own rules and laws and reject any involvement with or Many moral compromises were made and distinctions obligation to the legitimate world. These tiers were, in part, the result between right and wrong were blurred so average of an economy where the govern- ment could not provide people with Soviet citizens could feed and clothe their families. the basic necessities, and the elite and loyal Communist Party mem- Due to the unpredictability of the economy, informal bers were lavishly rewarded. Many moral compromises were made and distinctions between right practices, such as bartering and deal making, and wrong were blurred so average Soviet citizens could feed and clothe became the means that Soviets used to get what their families. Due to the unpre- dictability of the economy, informal they needed and to do what they wanted. National Institute of Justice Journal I April 2001 3 Studying Russian Crime and Criminals The study of organized crime is a This joint intelligence, investigative, quantity of written materials, includ- difficult and often risky undertaking. and prosecutorial effort set about to ing a mailed questionnaire and Many of the methods commonly accomplish three goals—to identify in-depth interviews with a variety employed in criminological research, the participants, to describe their of individuals, including: such as survey research and self- criminal activities, and to analyze I Writers and journalists who had report studies, are either inappro- the markets in which the criminal studied and written about Soviet priate or not applicable. Thus, the activities occur. organized crime. opportunity presented to Finckenauer TSP generated considerable source and Waring to affiliate with the I Residents and businesspersons material, and the authors pursued a Tri-State Joint Soviet-Emigre in Brighton Beach, Brooklyn, cooperative agreement with TSP as Organized Crime Project (TSP) which is alleged to be the cen- the primary data source. The project provided unprecedented access ter of Russian criminal activities provided data on the types of offend- to a wide range of information and in the United States. ing by Russians who had come to the sources. In return for unrestricted I Key community figures in attention of the participating agen- access,1 the researchers agreed the large emigre communities cies. The information came in seven not to compromise the investigative in Brighton Beach and forms—indictments, newspaper and techniques employed nor to disclose Philadelphia. magazine articles, telephone records, any information pertinent to active general undercover observation I Law enforcement professionals criminal cases. reports, surveillance reports, confi- (both in the United States and The agencies in the consortium dential informant interviews, and vari- the former U.S.S.R.). were the New York State Organized ous other reports—and included 404 Crime Task Force, the New York separate documents in a variety of 1. The authors had complete access to State Commission of Investigation, formats and lengths. Although each investigative reports, memos, infor- mation from other agencies, and the Pennsylvania Crime Commission, of the seven source types had defi- other investigative materials collected and the New Jersey State Commis- ciencies, the sources complemented by TSP. However, they did not have sion of Investigation. The consor- one another and provided information access to grand jury transcripts, the tium’s directive was “to identify the that was more reliable and valid than identities of confidential informants, nature and extent of Russian-emigre any other single source. and other similar materials. crime within the tri-State region... 2. The Tri-State Joint Soviet-Emigre In addition to the information Organized Crime Project, An in order to assist law enforcement garnered from TSP, research was Analysis of Russian-Émigre Crime in in its ongoing effort to combat the the Tri-State Region, New York: New conducted through several other threat of organized crime.”2 York State Commission of Investi- research initiatives to collect a large gation, 1996: 33. practices, such as bartering and deal income outside official channels. amount of money exchanging making, became the means that The shadow economy also was a hands is greater, and the number of Soviets used to get what they needed means for citizens to obtain legal items on the black market is more and to do what they wanted. The goods in an illegal manner. extensive—it now includes antiques, children learned from watching stolen cars, precious metals, and The black market, a second aspect their parents deal with the shadow advanced weapons, including of the illegal economy, was used to economy or black market: You had nuclear weapons materials. obtain illegal items, including to manipulate the system or you and Western products as well as stolen your family would suffer. goods, drugs, and bootleg liquor Russian Crime in Taking advantage of shortages, an and cigarettes. This market was the United States illegal second, or shadow, economy comprised of work activities carried began to work alongside the official out for private gain, such as carpen- It isn’t surprising that criminals who economy. This economy was made try, plumbing, and electrical work emigrated from the former Soviet up of the activities deemed neces- that was officially unauthorized. Union would commit crime based sary by factory managers, farm Instead of being curtailed by the on their past experiences. In fact, directors, and others in similar collapse of the Soviet Union, evi- one could easily imagine that some positions to exceed their production dence indicates that black market who left the Soviet Union simply quotas and produce profits and activity actually has increased. The continued their old ways and saw Challenging the Russian Mafia Mystique 4 Defining Organized Crime Three assumptions helped shape the the legal and political systems. This however, is to citizens, who lose basis of this research into Russian violence may have both a specific respect for the legitimacy of the crime. The first is that a criminal instrumental purpose (creation and legal and political systems and who, organization can be usefully exam- maintenance of criminal monopo- as a result, fail to support what they ined both in terms of its structure lies) and a more general intent believe are corrupted processes.
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