Design a National Strategy to Fight Organized Crime

1. Design a National Strategy to Fight Organized Crime

2. Why is it so hard to fight OC? 1. Lack of evidence (Bosses are never in contact with the drug); 2. Corruption of Law Enforcement and the Judiciary; 3. The criminal organization is drawn by the most prominent financial and political circles. Result: In the best case, traffickers were tried for illegal possession of firearms

3. General Elements for a Strategy • Legal aspects • Structure of Police, Prosecutor, Judiciary and Prison institutions • Training of Experts • Development of strategies to best apply the Laws.

4. Development of the Legal Aspects • International Context • The 1988 Vienna Convention • The 2000 Palermo Convention • International best practices

5. Does an International Strategy Exist? • The Palermo Convention Development of an International Consensus to reach this Agreement • The 1994 Naples Conference • Negotiations in Poland, Argentina and Vienna • Signed in Palermo • Ratification is ongoing, currently 15 signatories

6. Generations of the Laws against Organized Crime National Level International European Level 1970 R.I.C.O. Law 1982 Rognoni-La Torre Law 1988 Colombia France Mexico Convention of Vienna Development of European Legislation 2000 Convention of Palermo Peru

7. To criminalize: a) Either conspiracy or participation in organized criminal groups b) Organizing, directing, aiding and abetting, facilitating or counseling the commission of serious crime involving an organized criminal group. c) Money laundering d) Corruption e) Obstruction of justice Measures to: a) institute a comprehensive domestic regulatory anti-money laundering system b) ensure the ability to cooperate and exchange information on money laundering c) adopt legislative, administrative measures to promote integrity and prevent, detect and punish corruption d) ensure effective action in anti-corruption including independence of the authorities in charge of anti-corruption activities Minimal Elements to Take into Consideration

8. Measures to (continued): e) create a system of liability of legal persons f) enable confiscation of proceedings and instruments of crimes. g) enable identification, tracing, freezing or seizure and eventual confiscation of proceeds of crime h) empower courts or other competent authorities to order that bank, financial or commercial records be made available or be seized i) accept extradition j) accept mutual legal assistance k) provide effective protection for witnesses and victims l) provide access to compensation and restitution for victims m) encourage persons who participate or have participated in organized crime to collaborate with the justice system n) develop, to the extent necessary, training programs. o) assist one another in planning and implementing research and training Minimal Elements to Take into Consideration

9. Design of Institutional Structures to Fight Organized Crime • An institutional structure is needed for: • Police • Police Intelligence • Prosecutors • Prosecutorial Intelligence • Judges • Appeal Courts • Prisons

10. FranceLaw Enforcement Structure Ministry of Interior Anti-Mafia Coord. & Investigation Unit (UCRAM) Anti-Terrorism Unit (UCLAT) Central Directorate of Urban Police (DCSP) General Directorate of the National Police National Office of INTERPOL Police of Paris (P.P.P.) Central Directorate of the Judicial Police Regional Services of the Judicial Police (S.R.P.J.) Ministry of Defense Ministry of Treasury Customs Unit against Clandestine Financial Circuits (TRACFIN) Gendarmery

11. FranceCoordination Ministry of Interior (Main Coordinator) U.C.R.A.M. (Field Coordinator) Customs Judicial Police Gendarmery MONEY LAUNDERING CLANDESTINE FINANCIAL CIRCUITS DRUGS FINANCIAL CRIMES CYBERCRIMES VIOLENCE (D.O.) O.C.R.T.I.S. O.C.R.G.D.F. O.C.R.B. T.R.A.C.F.I.N. Search & Intervention Brigade (B.R.I.)

12. FranceProsecution

13. U.S.A.Law Enforcement Structure Department of Justice Attorney General Criminal Division Drug Enforcement Administration (D.E.A.) U.S. ATTORNEYS National Central Bureau of Interpol Federal Bureau of Investigations (F.B.I.) Office for International Affairs Internal Security Section Department of Treasury Special Investigations Office Public Integrity Section F.I.N.C.E.N. Customs Organized Crime & Racketeering Section Office of Enforcement Operations Office Bureau of Alcohol, Tobacco & Firearms Secret Service

14. Federal Level White House Office on National Drug Control Policy Internal Revenue Service Criminal Investigation Financial Crime Enforcement Network Organized Crime, Narcotics Trafficking Enforcement Program Directorate of Central Intelligence Counter-narcotics and Crime Center Law Enforcement Detachments Bureau for Narcotics and Law Enforcement U.S.A.Coordination State Level (New York) • State Attorney General • Regional Offices and Division of State Counsel • Criminal Division • Medicaid Fraud Control Unit • Organized Crime Task Force • Civil Recoveries • NY State Police Bureau of Criminal Investigations • NY State Division of Criminal Justice Service

15. MexicoInvestigation

16. MexicoLaw Enforcement Structure(Coordination) Public Security Secretariat Federal System for the Treatment of Juvenile Crime Federal Prisons System Attorney General Office Coordination of the Public Security System Secretariat Federal Preventive Police Specialized Unit against Organized Crime Treasury Secretariat Defense Secretariat Prosecutor Federal Judicial Police Counter-narcotics Intelligence Center Unit against Money Laundering

17. Institutional Models(centralized or not) Appellation Prisons Judiciary Intellig. Prosec. Office Police d U.S.A. d c d d c d France d c d d c d Mexico c c c d c d Spain c c c c c d Italy d c d d c d Germany d c d d d d S. Africa c c c d

18. Centralization or Not? • Difficulty to understand Laws against Organized Crime • New Institutions • Expansive rules • Intrusive nature • Ultimaratio • Building of dams • Rationality of decision control

19. More Problems to Consider • Corruption of Public Officials • More centralization helps to lower the risk of spreading corruption • Oversight of the Offices in charge of fighting Organized Crime is easier • Protection of Judges, Police Officers and Prosecutors is facilitated

20. Criminalization • Organized Crime • Conspiracy • Membership • Others • Corruption • Money Laundering (all forms) • Obstruction of Justice • Protocol’s Crimes • Trafficking of people • Smuggling of migrants • Manufacturing and Illicit traffic of firearms

21. Means of Fight • Extension of duration for investigation • Use of ‘house arrest’ for investigation purposes • Collaborating witnesses • Immunity • Benefits (punishment reduction) • Protection of witnesses • No parole without collaboration • Undercover operations and controlled deliveries • Telephone and electronic surveillance • Financial investigations • Seizure and forfeiture of assets

22. How to Control its Use? Challenge: • Rationality of decision control (Less abuse of power) • Without loosing effectiveness. Recommendation: Critical decisions against people or assets must be concurred by independents equals pre-facto or immediatelypost-facto. (without adrenaline)

23. Control of Decision ModelsU.S.A. (Wire-tapping) U.S. Congress Controlled the number annually Judge Authorize for 90 days Department of Justice Washington Control Office • SAC • . • SAC • . Request Field Office FBI Agent request ICP

24. French Model Acusation Room Review the decision 15 day (maximum) Judge of Instruction Ask for pre-trial detention Judge of Liberty 48 hrs more on Terrorism and Drug cases 48 hrs. Public Prosecutor Judicial Police 24 hrs PLUS 24 hr

25. Need to Construct Barriers • Laws against Organized Crime are intrusive • They are exceptional • Could be expansive beyond the precise language of the law (not desire consequence) Applies to conditions unforeseen • Barriers are fundamental

26. What is a Barrier? • Determinate boundaries • Who, under what conditions and which institutions can use the Law against Organized Crime • The internal mechanisms of decision control

27. Penitentiary Policy related to Organized Crime • Characteristics: • Existence of an appropriate criminal procedure framework to avoid jurisdiction problems or constitutional complaints • The prisons must be located in places of low urban density • Avoid penitentiary over population • The prisons must have systems to control access in all physical areas • The prisons must have double security perimeter: • Internal, in charge of penitentiary custody personnel, • External, in charge of penitentiary security personnel with help of the law enforcement or the army • Must exist specialized personnel on convict treatment and security issues

28. Profile of the Penitentiary Population • Convicts with a high dangerous profile and high capacity on organized crime to keep on operation, no matter if he/she is in prison, from inside to outside or vice versa. • Convicts who must be protected by reason of their testimony or the characteristics of the crimes committed

29. Design of Strategies • Goals: • Dismantle the organization • Limit its effectiveness • Seizure and forfeiture of its assets • Understand the organizational nature • Determine its International links • Determine what means will be applied

30. International Cooperation • Police-to-Police • Interpol • Judicial (International Rogatory) • Mutual Legal Assistant • F.I.U. to F.I.U.

31. Understand the Limit of each Means • Undercover & Controlled deliveries • Electronic Surveillance • Collaborating Witnesses • Financial Investigations • Use every technique of investigation available.

32. The Netherlands Mistake • Undercover Case • Using third parties (no police) • Created the most important Marijuana trafficker, who never deal with cocaine Mistakes on the conception about the organization and mistakes in the technique used

33. The Evidence in Law • In Instantaneous Crimes • The fact happens in a moment • The evidence consist of proof that these facts happened • Murder as an Example: Witnesses, ballistic, finger prints, DNA testing, etc...

34. The Evidence in Organized Crime • On drug trafficking or Mafia, the bosses rare come in contact with the drugs and rarely kill personally • The Organized Crime group is continuous in its criminal activity • The crimes area continued and continuous

35. In Organized Crime Cases, it is NOT Necessary to Prove: • That the boss ordered the crime • It is sufficient proof: that he/she commands or belongs to an organization that trafficks in drugs, order murders or blackmailing, or engages in certain predicate offenses

36. Evidence Integrity(Just like a Gothic Cathedral) • It must be harmonic • Trying to build modularly a crime and linking it to other crimes • Proving the existence of an organization • Every piece supports other pieces • Relating one to each other

37. Harmonic Evidence Integration • A collaborating witness’ statement is not enough It is also necessary to confirm as far as possible all that he/she says • Electronic surveillance is not enough It is hard for prosecutors and judges to interpret and juries can mis-interpret • It’s also necessary to prove a defendants role and membership in the organization

38. Recruitment & Training • Strict systems of personnel recruitment It can include: use of polygraph analysts, social and economic studies, personality profiling, review of criminal records and appropriate physical health of the candidates • Specialized training of the personnel on all aspects: • Initial Training • Continuous Training • Specialized Training

39. The Twin Track REPRESSION Fight the Criminality PREVENTION

40. Repression Law enforcement Sanction and punishment Prevention Reducing the risk to society Intervening in the causes (proactive approach) Kinds of prevention: Primary, Secondary and Tertiary, Individual, General and Proactive prevention, among others The Twin Track