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Business Financial Crime: Organised Crime

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1Business Financial Crime: Organised 28it became firmly entrenched in Russian
Crime. society in the 1920’s. ROC is the biggest
2What is Organized Crime? The major factor threatening Russia’s
difference between corporate and organized democratisation, economic development, and
crime is that corporate criminals are security. Russian organized crime
created from the opportunities available developed in with the influx of Russian
to them in companies organized around immigrants in the 1980s. 28.
doing legitimate business. Whereas members 29The Russian “Mafiya”. When the Soviet
of organized crime must be accomplished Union collapsed in 1991 ROC joined eg-KGB
criminals before they enter such groups, agents displace military officers and
which are organized around creating corrupt officials in controlling newly
criminal opportunities. 2. privatised companies The result was an
3What is Organized Crime? Organised enormous movement of money and power into
crime is a global problem that takes more the hand of organised crime The ROC moved
than ?500 billion a year out of the to western countries. 29.
legitimate world economy The problem is so 30The Russian “Mafiya”. The FBI lists
great that in 2000 the United Nations the 8 most prevalent crimes committed by
General Assembly passed the United Nations ROC as health care fraud, securities and
Convention against Transnational Organised investment fraud, money laundering, drug
Crime and its Protocols. 3. trafficking, extortion auto theft and
4What is Organized Crime? The interstate movement of stolen property It
convention was signed by nearly 150 is estimated that ROC syndicates exceed 1
countries It deals with the major issues million soldiers. 30.
relating to organised crime eg money 31The Russian “Mafiya”. The power of ROC
laundering, corruption and obstruction of is evidenced by intelligence estimates
justice. Adopting countries commit to that indicate that the majority of all
passing laws and implementing controls to Russian businesses and banks, as well as
fight organised crime. 4. dozens of stock exchanges and government
5What is Organized Crime? The European enterprises are controlled by the ROC
Law Enforcement Organisation (Europol) syndicates Major links with Colombian and
fights organised crime across the EU In Mexican drug cartels. 31.
the USA the FBI is the primary 32The Russian “Mafiya”. Much more
organisation in this area The FBI’s ruthless than LCN being blamed for killing
organised crime section contains 3 units. more than a dozen Russian journalists
5. Computer crime is a major area of activity
6What is Organized Crime? La Cosa Department of Defense attacks Superhacker
Nostra/Italian Organised Crime/Labour 99 Credit card thefts Denial of service
Racketeering Unit Eurasian Organised Crime attacks Citibank attack. 32.
Unit Asia/African Criminal Enterprise 33The Japanese Yakuza. Japanese
Unit. 6. organized crime (JOC) groups are probably
7What is Organized Crime? La Cosa oldest and largest in the world. The
Nostra/Italian Organised Crime/Labour official Japanese term for organized
Racketeering Unit Focuses on 3 designated criminals is Boryokudan, but they are more
areas of crime ; The American La Cosa commonly referred to as yakuza. Members of
Nostra Italian organised crime Labour the JOC groups are recruited from the two
racketeers These groups also include the outcast groups in Japanese society. 33.
Italian and Sicilian mafias. 7. 34The Japanese Yakuza. (???). The
8What is Organized Crime? Eurasian burakumin Japanese born Koreans The Yakuza
Organised Crime Unit Focuses on crime are not shadowy underworld figures, their
groups which originate from or operate affiliations are proudly displayed on
from within former Soviet block countries insignia worn on their clothes and on
who operate within the US Africa and their offices and buildings, and they
Europe. These groups include the so called publish their own newsletter. 34.
Russian Mafia. 8. 35Money Laundering. Involves practices
9What is Organized Crime? Asian/African that hide the connection between the
Criminal Enterprise Unit Focuses on crime sources of funds and their legitimate use
groups whose members originate from East For organised crime it means disguising
and South East Asia and African countries. the source of illegally gained money and
9. making appear to have come from legitimate
10What is Organized Crime? Organized sources. The laundering process “washes”
crime: A continuing criminal enterprise dirty money to make it appear clean. 35.
that works rationally to profit from 36Three Step Money Laundering Process.
illicit activities that are often in great Placement phase The money launderer
public demand. Its continuing existence is introduces illegally obtained profits into
maintained through the use of force, the financial system The main objective
threats, and/or corruption of public here is to get the money into the system
officials. 10. in a way that cannot be traced to an
11La Cosa Nostra. Has roots in mid 19C illegal source. 36.
Sicily and started when Italy became a 37Three Step Money Laundering Process.
sovereign state The Sicilian mafia began Layering phase The money launderer uses
around Palermo where a group of people complicated sets of transactions to move
including aristocrats and politicians the money around the financial system and
lived Originally served a useful function further distance it from its original
protecting the large lemon and orange illegal source The main objective is to
estates surrounding Palermo. 11. destroy any audit trail that could trace
12La Cosa Nostra. Later during the the original placement. 37.
Fascist period the mafia fell out of 38Three Step Money Laundering Process.
favour with the local government Under Integration phase The launderer moves the
fear of jail many of its members fled to money a final time into accounts under his
the USA During its early years in the USA legal control to make it appear they
around 1890 the mafia comprised various arrived from a legal source. 38.
groups and gangs eg the Black Hand (1900) 39Three Step Money Laundering Process.
the Five Point Gang (1910 and 1920s) and Placement methods Smurfing – multitude of
Al Capone’s crime syndicate in the 1920s. small deposits in different bank accounts.
12. Below the limit for reporting purposes
13La Cosa Nostra. After an internal war Cash smuggling – aim to relocate cash
around 1930 La Cosa Nostra emerged as a across international borders where it is
single organisation under the leadership less regulated Negotiable instruments –
of Salvatore Maranzano Before he was purchased, bundled and sold to a money
murdered six months later he had defined laundering specialist Cash exchange for
LCNs organisational structure and its code negotiable goods – eg buying diamonds
of conduct. 13. which are more easily stored and moved
14La Cosa Nostra. This structure was across borders. 39.
termed the five families The ruling 40Three Step Money Laundering Process.
Genovese family The other four in the LCN Placement methods Cash value insurance
Commission were the Boanno, Colombo, policies – single premium policies that
Gambino and Luchesse It is believed that have a cash value are then used as
the Genovese family continues to run the security to borrow against or cashed in.
most powerful LCN family today, across the Multiple policies across many insurance
USA. 14. companies could be used Corporate bank
15La Cosa Nostra. LCN Activities Drug accounts – Involves placing money in
trafficking, murder, assault, gambling, legitimate businesses or charities that
extortion, loan-sharking, labour normally collect large amounts of cash. In
racketeering, money laundering, arson, many cases these are shell companies Buy a
petrol bootlegging, infiltration of bank – ownership permits the money
legitimate businesses, stock market launderer to deposit large sums without
manipulation and various other frauds. 15. reports being made to the authorities. 40.
16La Cosa Nostra. Labour Racketeering Is 41Three Step Money Laundering Process.
the domination manipulation and control of Layering methods – the object to destroy
trade unions that affects related the audit trail Informal Value Transfer
businesses and industries Research shows System – money transfer systems that
that a primary goal of this is to control operate outside the normal financial
the labour health, welfare and pension system. Some systems date back thousands
funds. For example the value of these of years. Used for legitimate and
funds for the International Brotherhood of illegitimate purposes. Based on codes and
Teamsters is about $100 billion LCN very simple to arrange Tax havens and
control over the organisation was offshore banks – Includes countries whose
effectively removed after the 1988 controls are good but whose banking
Teamster’s civil case. 16. officials are easily corrupted. The more
17La Cosa Nostra. Gambling Always a countries the money is moved through the
mainstay of LCN Played a major part in more difficult it becomes to trace. Cayman
creating and promoting Las Vegas Partly Islands is the 5th largest financial
through the financing from such as the centre in the world but is only a tiny
Teamster’s funds With the introduction of group of small islands. 41.
strict state laws Las Vegas is now 42Three Step Money Laundering Process.
considered to be relatively free from LCN Layering methods Bank secrecy laws – Some
influence. 17. countries have protected money launderers
18La Cosa Nostra. Gambling The “numbers this way which makes it impossible to
game” run by LCN is a type of lottery investigate their account holders
Gamblers try to guess 3 or 4 numbers Off-shore trusts – transferring ownership
derived from a financial figure published of a company to an off-shore trust. In
daily in the newspaper State lotteries some jurisdictions these are administered
reduced its influence But still a $5 by unregulated trust companies that can
billion a year industry in the US. 18. obscure the financial ownership trail.
19La Cosa Nostra. Loan Sharking Money Sometimes use “flee provisions” that
lent at sky high rates Interest called the instruct trustees to move the trusts in
“vig” added each week at the rate of 3 to the event of investigation Shell
5 percent For example a loan of $10,000 corporations – using bearer share
would need interest to be paid each week certificates in off-shore havens which do
of $400 Equivalent to 300% per annum No not require company records. 42.
partial payment of principal is accepted. 43Three Step Money Laundering Process.
19. Layering methods Walking accounts – where
20Structure. LCN are structured in deposits when made are immediately
hierarchical fashion reflecting various transferred to an account in another
levels of power and specialization, with a jurisdiction and so on through a long
national ruling body known as the trail which becomes increasingly difficult
Commission. At the top of each of the five to follow. Financial intermediaries –
families is a “boss”. Beneath the boss is Corrupt influential professionals. 43.
a counselor and an under-boss. Beneath the 44Three Step Money Laundering Process.
under-boss are the “capos” or lieutenants. Integration methods - In this final stage
Below the lieutenants are the soldiers or the money launderer puts the money to
“made men” of which there are 2 levels personal use Off-shore credit cards – used
picciotto and sgarrista At the bottom are to withdraw money from a bank account and
the associates. 20. pay bills Off-shore consulting fees –
21Structure. Membership at sgarrista money launderers pay themselves generous
level in the family entitles the member to consulting fees from companies they
run his own rackets using the family’s control Corporate loans – money launderers
connections and status. Corporate model: A borrow money from off-shore companies they
formal hierarchy in which the day-to-day control Property – sold at inflated prices
activities of the organization are planned to companies they own for cash. 44.
and coordinated at the top and carried out 45Three Step Money Laundering Process.
by subordinates. The feudal model of the Integration methods Under the table cash
LCN views it as a loose connection of deals – money launderers purchase property
criminal groups held together by kinship or other valuable assets including
and patronage . 21. companies at below market value. Cash is
22Figure 15.1 Hierarchical Structure of paid to make up the difference to market
a Typical Organized Crime Family. Adapted value Legitimate business – money paid in
from US President's Commission on as sale and then declared as company
Organized Crime, 1986, p. 469. 22. revenue and taxed as legitimate earnings.
23Funds Flow. The Sgarrista pass a cut 45.
of 50 to 70% of their takings to the 46Theories about the Causes of Organized
“capo” The money flows from the “capo” to Crime. Some argue that we create our own
the Boss The “capo” normally gives the organized crime problem by creating laws
boss between 10 and 40% of what he has that prevent members of the public from
received from the soldiers The underboss acquiring goods and services they desire
may receive a proportion The boss has and demand. Early theories of organized
absolute authority. 23. crime relied on the anomie/strain
24Continuity. Membership. Organized tradition Anomie – lack of the usual
crime is like a mature corporation in that social or ethical standards in a group .
it continues to operate beyond the 46.
lifetime of its individual members. LCN is 47Theories about the Causes of Organized
restricted to males of Italian descent of Crime. Ethnic succession theory: Upon
proven criminal expertise. 24. arrival in a new country, each ethnic
25Criminality. Most of organized crime’s group was faced with prejudicial and
income is derived from supplying the discriminatory attitudes that denied them
public with goods and services not legitimate means to success. Organized
available in the legitimate market, such crime affords those who commit it the
as drugs, gambling, and prostitution. 25. rewards for relatively little risk. In the
26Organized Crime in the United States. USA almost all mob members live in
Most organized crime scholars believe that neighbourhoods where they were constantly
the phenomenon is a normal product of the surrounded by criminals and criminal
competitive and free-wheeling nature of values. 47.
American society. The Tammany Society 48Theories about the Causes of Organized
began as a fraternal and patriotic Crime. It would not be too much of a
society, bust soon evolved into a corrupt stretch to posit that many men attracted
political machine consisting mostly of to the outlaw lifestyle are predatory
ethnic Irishmen. 26. psychopaths and sociopaths. There is no
27The Russian “Mafiya”. The Russian reason to assume that the rank and file
“Mafiya” is a catch-all phrase for a group gangster is any different in background
of organized gangs that many experts and personal characteristics than the
consider to be the most serious organized ordinary unaffiliated street criminal, or
crime threat in the world today. 27. the street criminal affiliated with ad hoc
28The Russian “Mafiya”. ROC has existed criminal gangs. 48.
since at least the 17th century and that
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