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Controlling Organized Crime

11. Controlling Organized Crime. The Police Response. Role of police in a democratic society is deliberately structured in a fragmented de-compartmentalized manner. (Federal, States and municipalities.) Constitution is the most significant foundation of modern policing.

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Controlling Organized Crime

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  1. 11 Controlling Organized Crime

  2. The Police Response • Role of police in a democratic society is deliberately structured in a fragmented de-compartmentalized manner. (Federal, States and municipalities.) • Constitution is the most significant foundation of modern policing. • Purpose is to control the government's ability to intervene in the personal matters of people.

  3. Undercover Operations • Agents used in covert operations against organized crime. (Training class) • Proactive in fighting crime. • Learn the role of persons involved in criminal rackets. • Learn the locations where criminal discussions take place. • Identify resources used by organized crime members.

  4. Informants • Defined as anyone who provides information about a criminal case who is not a complainant, witness, or victim. • Management of informants has inherent problems. • Many informants have a “drifting” allegiance.(Crim B8 – 14 Tips)

  5. Intelligence Operations • Criminal investigations are reactive in nature. • Intelligence investigations are proactive. • Criminal investigation case files are open. (When introduced in a trial become public record.) • Result of criminal investigation is arrest and prosecution.

  6. Legal Initiatives Against Organized Crime • The 1986 Money Laundering Control Act. • Useful in combating organized crime.

  7. Legal Initiatives Against Organized Crime • Made it unlawful to engage in: • Further criminal acts such as drug trafficking. • Conceal funds associated with these activities. • Avoid currency reporting requirements of the 1970 Bank Secrecy Act.

  8. Electronic Surveillance • 1968 – the federal electronic surveillance or wiretap statute has proved to be a valuable investigative tool in the fight against organized crime. • Title III • Allows for ex parte or third party surveillance of persons suspected of some crimes.

  9. Asset Forfeiture • The loss of ownership of property derived from or used in criminal activities. • Two types of forfeiture: • Civil • Legal proceeding against a specific type of property believed to be used in a criminal activity. • Burden is on the “property owner” to bring a lawsuit and prove legitimacy of obtaining the property.

  10. Asset Forfeiture • Criminal • Action taken against a defendant accused of racketeering, money laundering, or drug trafficking.

  11. The RICO Statute • Racketeer Influence and Corrupt Organization Act • A person who is a member of an enterprise that has committed any two of thirty-five crimes – 27 federal crimes and 8 state crimes – within a 10 year period can be charged with racketeering.

  12. The RICO Statute • Advantages of RICO • Stiff penalties, attractive to prosecutors for organized crime, and forfeiture provisions.

  13. The Continuing Criminal Enterprise Statute • Another strong weapon against organized crime. • Prosecution under this statute requires proof of five elements: • Defendant's conduct must constitute a felony violation of federal narcotics laws. • That conduct must take place as part of a continuing series of violations.

  14. The Continuing Criminal Enterprise Statute • Prosecution under this statute requires proof of five elements: • The defendant must undertake this activity in concert with at least five other people. • The defendant must act as the organizer, manager, or supervisor of this criminal enterprise. • The defendant must obtain income or resources from this enterprise.

  15. The Continuing Criminal Enterprise Statute • Prosecution under this statute requires proof of five elements: • The defendant must • The defendant must

  16. Conspiracy Laws • An agreement between two or more persons who have a specific intent either to commit a crime, and make an overt act towards the completion of that crime. • Chain Conspiracies • Wheel Conspiracies • Enterprise Conspiracies

  17. Comprehensive Drug Abuse Prevention and Control Act • Known as the Controlled Substances Act. • Provisions: • Mechanisms for reducing the availability of dangerous drugs. • Procedures for bringing a substance under control.

  18. Comprehensive Drug Abuse Prevention and Control Act • Provisions, continued: • Criteria for determining control requirements. • Obligations incurred by international treaty agreements.

  19. Evaluating Efforts to Control Organized Crime • Headhunting • Strategy of going after crime bosses. • Headhunting Strategy • “Flipping” • Arresting a low level offender on a minor charge with the goal of securing their testimony.

  20. Evaluating Efforts to Control Organized Crime • Headhunting • Problems with Headhunting Strategy: • Little impact on organized crime. • Involves targeting the easiest cases.

  21. Why Won't It Die? • Organized crime is a “social parasite.” • If all were arrested, more will fill the void.

  22. The Future of Organized Crime • Language Barriers • Distrust by Ethnic Communities • New Criminal Groups • Reducing Public Demand • Increased Treatment

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