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Corruption & Organized Crime

Corruption & Organized Crime. 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:

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Corruption & Organized Crime

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  1. Corruption & Organized Crime By UN CICP

  2. 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….

  3. Organized Crime link to Corruption 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 and Corruption The O.C. Groups exert their powers through the threat and use of violence

  4. 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)

  5. Different levels of relationship between O.C. and Corruption • 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

  6. 1st Level: Bribery • The bribe is offered or solicited for a single act. • For example: to obtain a passport, licenses or to get information designed to enable criminal advantage. Organized Crime Group Public Officer

  7. Benefits of the Bribery Acts • 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

  8. The “Custom” Case Drug Trafficking Cartel Border DRUG Custom Officers

  9. 2nd Level: Continuous Acts of Bribery (“On the Payroll”) • Bribe payments are ongoing. • Ensures a continuous flow of information and protection from police intrusion into criminal activities. Organized Crime Group Periodically Public Officer

  10. Benefits of the Continuous Bribery Acts • 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

  11. Measures to avoid the Bribery Acts • 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

  12. The “Informer” Case Drug Lord • Informationabout: • CourtOrders • Raidorders • Operations Military Officer

  13. 3rd Level: Infiltration Into Government Agencies(Operative Level) • infiltration is sporadic within lower ranking official positions. • OC members and friends gain employment in law enforcement agencies,judiciary Prosecutor’s Office and other operations. Organized Crime Group Member BECOMES PublicOfficer

  14. 1) Applying for Job Vacancies The O.C. group supports one or more members or friends to participate and apply for job vacancies with the Government. 2) “Buying” the Job The O.C. group bribes or blackmails officials to place its members and friends in the government post. How is Infiltration Accomplished?

  15. The Typical Case Organized Crime Group Owned by Contracts Local Governor

  16. 4th Level: Infiltrating the Government(Medium-tactical Level) • This infiltration can encompass entire branches or higher ranking officers. • Top Officials in Law Enforcement, Prosecutor’s Office and other sensitive government offices are OC members. Organized Crime Group CONTROLLED Higher Rank PublicOfficer

  17. 1) Placement of Corrupted Officers into Higher Office The O.C. group use bribery and blackmail to support Officers previously corrupted by their organization to higher ranks with broader access to information. This “support” is repaid to OC with increased protection and access to more useful secret police information 2) Control of the Chief of Section/Region Bribery, blackmail and coercion is used to control the chief decision-maker of an entire branch of government.OC can continue operating with very little risk of discovery or successful prosecution. Methods Used to Infiltrate the higher levels of Government

  18. Benefits of the Infiltration of O.C. Groups • 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

  19. The “General” Case Drug Lord Rival Drug Cartels BECAME Anti-Drug Zsar General Head of a Military Region

  20. The “Attaché” Case Wife Military Attache to an Embassy Organized Crime Group DRUG Diplomatic Pouch

  21. Measures to avoid the Infiltration of O.C. Groups • 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

  22. 5th Level: Infiltrating the Political Arena Organized Crime Group Congressmen Ministers Law Enforcement (For Security) Politicians (Mayors, Governors, etc.)

  23. Democracy • Inter-related mecanisms to translate social preferences into public policies.

  24. Grand Corruption • Scale • Actors • State capture

  25. Grand Corruption • Budgets distorted • Social investment reduced • Access to the poor is hampered • Hampers Democracy

  26. Democracy Grand Corruption

  27. How is Political Infiltration Accomplished? • 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

  28. The “Representative” Case Drug Trafficker BECAME Representative of National Security CONTINUED Drug Trafficking

  29. The “Narco-campaign”Case Drug Lord Campaign Treasurer Former Representative Offer the Money Former Diplomat Presidential Candidate

  30. The “Governor” Case Drug Trafficker BECAME Senator BECAME CONTINUED Governor of Touristical State Drug Trafficking

  31. The “Sixty-Million” Case Drug Traffickers Group To let them “Work” 60 MM US$ Politicians

  32. Measures to avoid the Political Infiltration of O.C. Groups • 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

  33. Best Practices in the Eradication of Organized Crime • 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;

  34. The Link Between Organized Crime and Rule of Law Source: World Bank and World Economic Forum 2000.

  35. The Link Between Organized Crime and Corruption in Legal System Source: World Economic Forum, 2000 (organized crime and corruption in legal system)

  36. The Link Between Organized Crime andEnforcement of the Banking and Securities Regulations Source: (University of Vrginia Center for International Law and Economic Development--CILED Index) and World Economic Forum 2000 (organized Crime).

  37. The Link Between Organized Crime and Regulatory Discretion Source: World Economic Forum 1998 (regulatory discretion) and World Economic Forum 2000 (organized crime)

  38. Anti-Corruption on Internet http://www.odccp.org/corruption_toolkit.html Anti-Corruption Tool Kit Anti-Corruption Publications

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