The Impact of Transnational Organized Crime
23 May 2006
by Mark Brock, Miguel De Anda, Joseph Rummel and Michelle Calderon, staff writer for AnaiRhoads.org
Crime exists in all society. Crime knows no boundaries. However, the impact of globalization extends throughout all continents of the world. Technology and the economic benefits of immigration opened new access and provided ease of transportation mobility between all countries. This "openness" attracted the "black market" industry that thrives on exploiting illegally sanctioned merchandise for profits to be gained at greater impact.
To satisfy the acquired taste for "greater profit" that was started by the Prohibition of liquor, organized crime groups around the world today have become sophisticated entrepreneurs of marketing the illegal sales and services to consumers all over the world. However, in the beginning, Jewish criminals and the Italian Mafias were phenomenon of the American way of life with some social deviant theorists attributing the growth to the troubled subcultures that resulted from the socio-economic struggles of immigrants in adjusting to living in American cities. Today, however, organized crime is being referred to as transnational organized crime: it is no longer just uniquely an American phenomenon. Countries such as Columbia, Nigeria, Russia, Mexico, and many others can claim to be the homes of the most notorious criminals referred to as in the same category as some definitions of Organized Crime.
Along with the variety of groups and members with the modern Organized Crime groups are the interdependent relationships between some of these international groups which create an even broader complex picture of what law enforcement officials face today. A look into the transnational Organized Crime in cyber space seems dismal and overwhelming. December 5, 1933 marks the end of Prohibition for the United States (Martin, 2005). American cannot accept credit to the end of Prohibition that ended the reign of some early forms of Organized Crime groups in America: the Jewish Organized Crime for example. Nor can the US admit its policies and law enforcement efforts have been successful in the war on drugs (that at most, only replaced liquor as its modern focus of exploiting consumers). The rise and fall of many OC groups has evolved into the modern groups of today which extends world wide. Without having controlled OC domestically, it is doubtful America can face the challenges of transnational Organize Crime.
The problems faced in eradicating organized crime and determining the most effective methods encompasses many areas of the criminal justice system. This dilemma continues to haunt officials today. The eradication of organized crime is one of worldwide concerns and is in every nation’s best interest, especially with globalization and the rise of transnational crimes. It is frustrating to try and overcome all of the obstacles barring justice, such as unclear and contradicting criminal procedures that may violate another country’s laws and mores. Regrettably, one of the main issues for reform concern financing the war on crimes. Many Americans feel the burden is in citizen taxation. More profound are innocent lives that prey victims of organized crimes groups. Still issues with domestic policies that concentrate on American rights and values are at a close race with the growing need to solve the world’s problems and relationship with crime that eventually affect American lives.
Due to the intrinsic chain of command that major organized crime group structures are made of, it is difficult to infiltrate within the groups and ascertain whether or not law enforcements have actually captured the kingpin of the operation. This is due to the groups’ inherent bonds of trust that are forged by either racial or religious backgrounds, for example. Replacement of leaders is common and done with ease. Undercover agents or informants as well as wire tapping have been successful in providing key information to officials as well having prosecuted many leading members of OC groups.
Another issue that has made the fight against organized crime even more difficult is that organized crime groups control the political structures of many nations. These organized crime groups hold sway over the political parties through myriad means. For example, in many South American countries the drug cartels have a destabilizing effect on the government because they give arms and aid to local guerrilla rebels. The Sicilian Mafia as well as the early Irish Mafias used their economic power to corrupt politicians. The Japanese Yakuzas have a long running understanding with law enforcement agents that sometimes counterbalance the needs of Japanese citizens with help from the Yakuzas rather that the law enforcement agents. The Russian rise of the Mafias attributed to the demise of the Communist government and sanctioned goods brought a breed of “lawless, unmoral” citizens that prey on the opportunities America can provide. In the long run, the Organized crime groups sometimes help decide, through the power and influence they have over politicians, what laws are enacted.
Just as liquor had been the source of income for early organized crime groups during the Prohibition, one of the largest threats to the social structure of all countries is that of international drug trafficking. With sanctions, similarly, there has been an increase in drug use and addiction which, in turn, has led to a rise in general crime rates. With this respect, the majority of criminals in prison have been linked to drug-use at some point. Many crimes are drug-related. Drugs can be obtained much easily with many countries being sources of trafficking and production. Therefore, it has become increasingly expensive and difficult for the United States alone to try to control all of the drug traffic that crosses the borders, including between Mexico and the United States. As the drug cartels use increasingly sophisticated methods of transporting drugs and the ability to transfer money to banks around the world, law enforcement has been finding it increasingly difficult to keep up with them.
Due to the fact that organized crime is a global issue, the only means of eradication that could possibly end it is the creation of a world policing system. Law enforcement is under-funded and has become even more under-funded because of the war on terrorism that has been launched worldwide. With the implementation of the Patriot Act, however, the means to catch these criminals can now be done in the name of terrorist control.
A little over one hundred years ago there was no one in the world that could travel faster than a good horse could take them. Now, for all practical purposes citizens live in a world without borders, and any teenager with a laptop or telephone can communicate, for ill or good, anywhere in the world in a matter of seconds. This provides a very exciting world to the imagination. Unfortunately, criminal imaginations with bad intentions are inherent to many. Being part of an organization makes them even more difficult to catch.
Organized Crime and the methods used to suppress or terminate it have evolved over the years. The troublesome aspect of adopting a methodology for combating OC is that any modus operandi utilized by law enforcement must adhere at least in part to a set of standards that a principled society will find acceptable. “After all, can we afford to get down in the mud with the criminals in a high-tech game of cops and robbers? Do we really need to be ethical when dealing with some of the vermin that would hurt anyone by any means possible, whether by trafficking dope, peddling sex, committing cyber-crime or any number of various and sundry larcenous activities, or... should we take the easy way out, and say that ethical and moral concerns run rampant throughout every aspect of intelligence, and hope that some sort of professional code of ethics (along with stringent policies and procedures) will help us through” (NCWC,2006).
So, while methodology is important, it is underlined by what philosophical approach law enforcement is willing to take in order to combat OC. One thing is certain, in order to combat any transnational criminal activity there has to be an equal effort at cooperation by all nations in order to be effective. Just as the government is developing better tools to combat organized crime, the organized criminals are developing defenses to these tools. “Calls must be issued for enhanced international cooperation to support national structures, she said. Additional bilateral and multilateral arrangements should be concluded in order to enhance collaboration and maximize effectiveness” (UN, 2006).
The UN Secretary General draws needed attention to the increased use of the internet by terrorist groups to recruit and build support for their activities. The Secretary General calls for greater coordinated actions to respond to this challenge, while preserving the integrity of the internet. The Secretary General further correctly places great importance on States acting to effectively criminalize recruitment for terrorism and incitement to terrorist acts. Member States are already required to report to the Counter-Terrorism Committee on the steps they are taking to implement such measures, but, the report recognizes that considerable additional action is still necessary to deal with these problems (Comras, 2006). There is no question that collaboration and sharing of information is paramount. It is still unclear if the international community can unilaterally agree on ethical standards for doing so.
Organized Crime is, without question, growing, and shows every indication of being here to stay. The challenge facing law enforcement charged with the responsibility to combat crime is to somehow not only react with methods that are useful and valid, but to also ensure the implementation of methodologies that adhere to the honorable and just hallmarks of a principled society.
In the beginning, back in the beginning of the twentieth century, the federal government imposed the National Prohibition in response to the negative influence of alcholol on workers in America. The Prohibition was accomplished by means of the Eighteenth Amendment to the national Constitution (ratified January 16, 1919) and the Volstead Act (passed October 28, 1919). The Prohibition began on January 16, 1920, when the Eighteenth Amendment went into effect. Federal Prohibition agents were given the task of enforcing the law (Wikipedia, 2006). For the federal government, this was a solution to organized crime but it did not work. Instead, liquor provided a great resource of income for Organized crime groups. Instead, Organized crime became stronger and more violent. Transportation and manufacture of alcoholic beverages was a million dollar profit for the gangsters. The Prohibition taught us that the solution is not to force people from certain activities deemed morally harmful to society. Sanctioning, only created rebellion.
Similarly, with the end of Prohibition, drugs replaced liquor as the main sanctioned good in the US as well as most of the world. Some suggestions, much like the end of Prohibition include the legalization of illicit drugs. The reasoning behind legalization would mean an end to the drug cartels inside and outside the United States as well as the violence that follow with drug crimes. However, despite US efforts, the drug war is not going to end and people are getting addicted more and more everyday. Just as drugs and liquor are a source of money for organized crime, crimes such as robbery and theft are a great source of income for those addicted. Prohibition has led to a dominoe affect that continues to fall with each process taken by the government in tackling the war on Crime.
Despite the grim view of the aftermath of legalization (if it occurs), there certainly are benefits to it.
Taxation proposed with legalization can be used for funding areas of improvement such as education purposes. Education is the key for success. Teaching a child or a teenager how drugs can destroy lives and certainly the awareness of the consequences for using it, is the key and first step to fighting the drug dealers and the international organized crime. Taxation can provide education at all levels including funding police training in specialized fields as computers, technological equipments, protection, community services, programs for the youth, and many more.
Military and federal involvement with trafficking is also key to fighting the war on transnational organized crime. The federal agents along the border, sent by the President Bush, would not only help in surveillance of transports but certainly help to avoid the deaths of many illegal immigrants trying to come illegally into the US. This move to involve the military would also help to prevent exploitation of illegal aliens for slavery and prostitution. Human traffickers make millions of dollars by risking a human being or by selling it for cheap and inhumane labor. Exploitation rings use illegal aliens, missing and runaway children or teenagers.
Child pornography is another cancer for our society. Every day more cases of child pornography are in American courts. While the focus of concern maybe of drug trafficking (which is a great source of income for organized crime), there are many other illegal activities prevalent within the group. Certainly those crimes need attention from law enforcment officials. America and the world also experienced the new breed of organized crime: terrorist attacks such as in 911 in the United States occurred overseas such as in the Madrid, Paris and the London bombings. Again, special attention to these crimes need specialization of task forces.
Espionage can be one of our best tool against terrorism. Wire tapping phone calls and e-mails also help our nation to prevent future attacks to American citizens. The implementation of the Patriot Act seems to help law enforcement agents in attaining these types of information while before it would be considered a violation of privacy. Undercover agents can be used to perpetrate terrorist cells in the Middle East. Obtaining valuable information such as the location of leaders and bosses would help the world save lives and protect innovent lives. Citizens cannot let their freedom and democracy go away just because they have a fear of losing their privacy.
In reflection of the past history of organized crime and their activities, the world still faces the growing rise of transnational organizations that pose a threat to society. Law enforcement officials have dealt with the issue of Organized crime and have come to rely on legislations as well as new technologies as tools in battling the problems that the vast organization have and can cause. The DEA was created to enforce federal laws and regulations dealing with narcotics and other dangerous drugs. The DEA cooperates with the FBI and law enforcement agencies in tackling the war on drugs. Specialized forces in cyber-crime, gangs, and drug-traffickings are present within jurisdictions of law enforcement agencies. The Harrison Act, the RICO ACT as well as the newly created Patriot Act is are in place to try to combat crimes. Are they enough? The system of government the US adheres to was created to protect the innocent and punish the guilty. However, the Criminal Justice system is not perfect and can be considered a work in progess as in the examples set by precedents.
New crimes and new scenarios that are dependent on society’s economic and socio-political make-up change laws and policies world wide. The problems the world poses today entail appropriate measures including trained law enforcement officials, standardized laws implemented, as well as necessary policies in tackling crime that plague all parts of the world. Law enforcement agents are at a constant stuggle keeping up with technology and the discretion that often plagues proper imlementation as well as conviction. Standardized laws are difficult to implement because many countires do not have solid foundations to rule their own countries. So while "Rule of Law" may be in place, without moral values instilled in each countries, it will be difficult for US as well as the cooperation of many countries in battling crime worldwide. Without properly defining and demanding what should be “legal”, there may never be an effective method of battling crime in general, including organized crime.
References:
Abadinsky, H. (2003). Introduction to Organized Crime.
Comras, V. (2006). Kofi Annan Proposes Comprehensive UN Strategy to Combat Terrorism.
DOJ. (2006). The Patriot Act and Organized Crime.
Martin, K. (2005). The End of Prohibition, American History.
NCWC. (2006). Ethical and Moral Issues in Intelligence.
UN. (2006). United Nations Drug Control Policy.
Wikipedia. (2006). Prohibition.
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