Organized Crime Fighting Organized Crime, and More

Organized Crime Fighting

Organized crime, and more specifically, international organized crime (IOC) present very serious and long lasting problems for law enforcement units in many ways. The manner in which the laws are constructed within the United States presents unique and specific problems that make this duty very difficult to perform. The purpose of this essay is to identify and explain in detail the law enforcement strategies, tools and Federal Statutes available for prosecuting and punishing ICO elements such as Los Zetas and other drug running foreign crime cabals. This essay will explain how these tools can be used effectively in an investigation and prosecution of this criminal enterprise and summarize the key aspects that apply to such an endeavor.

Situation

Los Zetas is a Mexican crime syndicate and is one of the most powerful and dangerous in the world and the fact that the group contains a sophisticated set of individuals makes it even more threatening to the U.S. And to the world as a whole. In contrast to other Mexican criminal groups, Los Zetas are not only focused on the illegal drug industry, as they also make a lot of their profits by using force as a means to force individuals that might slow down their activities. This type of organization is a fine example of the problems that are associated with organized crime and the peculiar circumstance law enforcement officials must address in order to successfully apply the law.

The problem arises due to many factors but unfortunately some of them can not be addressed by law enforcement alone. Organized crime is a social issue and requires a contribution from all aspects of society. Street crimes are easily understood and generally rather visible. Organized crimes involving governmental corruption, business fraud, bid rigging and price fixing, price overcharging, stock and bond manipulations, computer hacking, etc., etc. are rather invisible and require audits, specialized skills, precise investigations of financial transactions and a corresponding grasp of complex accounting and business matters.

Public demand for the drugs and services that Los Zetas provides for its customer base is a substantial obstacle in enforcing laws that apply to this group. Since the hunger and demand for the drugs that this group produces is so strong, law enforcement officials are actually up against human nature itself and the insatiable demands that such narcotics have on the human psyche.

Another problem with this situation deals in the magnitude of the problem. These cases take many years to solve and require many working hours and a tireless attitude towards success.

The police departments as a whole are under pressure from the public to produce results on a visible, continuing, immediate basis. Individual promotions also generally depend upon an ability to turn over large numbers of cases. Street crimes provide an opportunity to meet that need. Organized crime cases do not, and many literally take years to develop. Department budgets and individual promotion are simply not geared to reward organized crime investigative activity.

Strategic Outlook

In April 2008, The U.S. Department of Justice produce some strategic guidance to help law enforcement officials combat the pervasive nature of organized crime. Within this guide is a four priority framework that helps targets certain aspects of an International criminal investigation into organized crime. These four areas include:

Marshall Information and Intelligence

Prioritize and Target The Most Significant Threat

Attack from All Angles

Utilize enterprise theory to exploit multi-layered prosecutions.

This formula is helpful in aligning the strategic goals of the law enforcement agency witht the actural environment on the ground. While this is a fine starting point to begin prosecuting organized crime, there are still many challenges and obstacles that must be addressed once the strategic outlook is firmly implemented.

Applicable Laws

The United States has enacted certain legislative powers to help and assist law enforcement battle international organized crime. The most important law is the RICO law, established in 1970 to specifically address the special circumstances associated with prosecuting these types of crimes. RICO stands for Racketeer Influenced and Corrupt Organizations, which broadly defines racketeering as a catch-all crime that can be applied to criminal outfits. RICO laws suggest that any association with an organized criminal organization is immediately punishable and violates U.S. federal law.

As governments in Latin America seek ways to tackle organized criminal structures in their own countries, the United States has encouraged the adoption of RICO-like legislation. The same flexibility that allowed law enforcement and prosecutors to undermine these networks in the United States also allows for broad implementation of RICO against other actors in society, from trade unionists to movements undertaking peaceful social protests. This broad interpretation of the statute, which has led many to refer to it as "blanket" legislation and has raised concerns about the protection of human rights and civil liberties, worries many who envision an intensification of the crackdown on movements in a region that is already seeing examples of increased pressure on union leaders and widespread criminalization of social protest. It is necessary for law enforcement officials to realize that this practice does have some drawbacks and must be used with diligence and care.

Nardini (2006) suggested that many legal tools are necessary for a worthwhile prosecution. He wrote "A successful investigation depends to a large extent in maintaining the secrecy of the investigation as much as possible. Some investigative tools, such as electronic surveillance, can generally be used without disclosing even the existence of an investigation. Although other tools, such as grand jury subpoenas and search warrants, may reveal law enforcement's interest in a particular person or place, a carefully coordinated investigative strategy can minimize the extent to which their use impedes an ongoing probe." This reveals that fact that although there are many tools at the discrepancy of the official, it is mandatory to maintain the correct blend and not overstep boundaries.

The Future Landscape of Fighting and Prosecuting International Organized Crime

Calm heads and a clear and open political strategy are two necessary components of successful organizations and their fight against organized crime outfits. The future is very complex and unknown and for law enforcement officials to stay on top of things, it will require hard work and new understandings about human behavior and emotion.