Criminal Intelligence Report Hells Angels Motorcycle Club

Using Intelligence and Surveillance at Border Control
Part One
1. Summary
The Hells Angels are a sizeable and hierarchically organized criminal outfit with chapters throughout Canada. The organization’s primary source of profit is drug trafficking. The organization’s members use intermediaries so as to avoid close involvement in criminal activity. The key strategy to use for eradicating the organization is to adopt a three-fold approach, consisting 1) of conducting surveillance of lower-level actors who can be used to turn witness against high-ranking members; 2) investigating the crime of trafficking with emphasis on ports and borders; and 3) tracking of funds to show the money trail. This approach can lead to the arrest of many members of the club.
2. Introduction
This report examines the organization of the Hells Angels Motorcycle Club (HAMC). It describes the criminal organization; its organization commercial and behavioral characteristics in the first part. In the second part, it provides a law enforcement strategy for addressing this organization in order to achieve a targeted aim, which is eradication of the organization.
3. Criminal Organization Description
The HAMC originated in California in 1948, the name of the club inspired by the WW1 and WW2 flying squadrons. HAMC spread to Canada in 2000 where it opened its first chapter in Ontario when more than 100 men were “patched”—a term used to mean that a person has become a full member of HAMC by receiving the vote of confidence from existing members and then the four patches of the club’s insignia, which signify full membership (Katz, 2011). Attaining membership is an extended process that can last for many years.
HAMC was largely seen as an element of the counterculture movement in the 1960s and 1970s. It attracted interest from war veterans disillusioned by their experiences and looking for something that challenged the status quo of things. It was not simply an American phenomenon as the HAMC spread worldwide across 5 continents.
In keeping with the military hierarchy that its veteran members were used to, the HAMC was organized hierarchically, complete with divisions of labor wherein jobs were given to members based on skill and merit; communication via a chain of command, and rules/regulations that were published.
3.1. Introduction / Overview
This section examines in detail the organizational, commercial and behavioral characteristics of the HAMC. It shows that it is a rationally organized group, that its members engage in both legal and illegal activities, and that its behaviors include violence and intimidation.
3.2. Organizational Characteristics
The Royal Canadian Mounted Police (RCMP) (1994) has described an Outlaw Motorcycle Gang as “any group of motorcyclist enthusiasts who have voluntarily made a commitment to band together and to abide by their organization’s rules enforced by violence, who engage in activities that bring them and their club into repeated and serious conflict with society and the law” (Royal Canadian Mounted Police (p. 3). HAMC is Canada’s largest and most powerful outlaw motorcycle gang, with chapters throughout the provinces (CISC, 2004). The structure of organization is strictly hierarchical, similar to what is found in a military organization. Just as a military unit will conduct surveillance before initiating a plan, so too does HAMC conduct research on geography, law enforcement, rival gangs, and any other issues that might impact the club’s doings. Like a corporation, it assesses the market value of proposed services, such as drug trafficking, and makes decisions about what activities to pursue based on the collection of intelligence of this sort. The division of labor among the participating offenders is arranged according to individual members’ skills, knowledge and ability. HAMC insulates its organization and its members from law enforcement by hiding its criminal activities as best it can. It maintains an air of plausible deniability similar to that which intelligence communities like the CIA maintain when agents engage in covert actions. HAMC is not a criminal organization but rather an organization whose members are believed to engage in criminal actions. Their geographical scope is extensive, with chapters throughout the world; in Canada, they have chapters in BC, Alberta, Saskatchewan, Manitoba, Ontario, Quebec and Maritimes. HAMC’s largest presence is in Ontario and BC.
3.3. Commercial Characteristics
The commercial characteristics of HAMC are based on a monopolistic scheme; in order to control an industry, HAMC has to absorb other organizations so that the threat of competition no longer exists. HAMC has members who have infiltrated commercial businesses and organizations, such as the Port of Vancouver, where they are employed by the legitimate organization but work surreptitiously to further their own criminal enterprises—drug trafficking, human trafficking, weapons trafficking and so on (CISC, 2004). As CISC (2004) notes, ports are “exploited to move illicit commodities into Canada as made evident by law enforcement seizures during 2003 including several incidents involving counterfeit products, in particular Canadian-brand cigarettes, and illicit drugs such as an 18-kilogram seizure of opium in December” (p. 25). HAMC is just one of several organizations within a network of organized crime groups that include Italian organizations and Asian organizations. It is impossible for HAMC to control the manufacturing, shipment and reception/distribution of counterfeit goods or illegal drugs all by itself; thus, there is some need to network and develop relationships with other groups. However, controlling or having workers at ports of entry is pivotal to part of the enterprise. Drug trafficking is the main source of illicit income for HAMC (CISC, 2004).
HAMC does engage in violence to intimidate and enforce its rules. Violence and intimidation are often used to prevent witnesses to crimes from testifying. Police are unable to obtain much assistance from the public in their prosecution of cases against HAMC members because of the fear of violent retaliation. With the illicit profits, HAMC will use mainstream industries to facilitate the laundering of dirty money (Silvester, 2006). New laws have been created to deter money laundering events, such as the Proceeds of Crime Act.
3.4. Behavioural Characteristics
HAMC incorporates and embodies subcultural norms, such as rebellion against the system, motifs (symbols of rebellion), code of honor (the ethical framework that supports their activities), and motorcycles for creating a culture of their own. Members must ride a motorcycle—typically a Harley Davidson. They tend to share a style of dress: leather jackets or vests and blue jeans, boots, long hair and beards. Their style of dress and grooming further symbolizes a spirit of rebellion and evidence of a counter-cultural narrative.
The sophisticated nature of the criminal organization and its operations is seen in the complex nature of its hierarchical structure and the manner in which the organization exercises plausible deniability with respect to crimes. HAMC essentially acts as a kind of platform, the way social media—such as Facebook or Twitter—acts as a platform for people to use to meet others, share ideas, become friends, and so on. And just as Facebook and Twitter have codes of conduct that users must abide by, everyone knows that the rules are enforced inconsistently. Certain perspectives are banned and others are encouraged—but it is never a stated or explicit policy of the platform to only promote this or that behavior. This is how HAMC also operates. The behaviors of its members with respect to criminality are not condoned by the organization outright. In fact, the rules and regulations of HAMC promote law abiding behavior—but at the same time they also promote solidarity and intimidation. For instance, if one member of the HAMC is pulled over by police, the entire gang must pull over. This shows solidarity and is also an effective intimidation behavior as HAMC believes police will not willingly look to give the gang trouble if the gang itself is quite large.
HAMC prohibits sexual abuse of any kind and it also prohibits substance abuse of its members. Individuals found to break these rules can result in severe punishment. Since no member is ever allowed to leave the group, punishment is typically physically punitive. The dress code for HAMC is not as consistent, with some presidents insisting that members wear all black clothing and no shorts; but with others it is not the same. The organization also has rules about women not being members, never talking to media, riding in an order according to seniority with the president and road captain at the front and prospects at the back of the formation. There is also a nomadic kind of spirit about the club, with members averaging 20,000 km per year on their bikes. This means they move around a lot. Finally, once a member, always a member—no one is permitted to quit the group after being sworn in (Sakellariou, 2019).
3.5. Other
HAMC is one of several MCs, but it is the biggest and strongest. Its deathshead insignia is one of the most compelling and intimidating. Its imagery is iconic and its name itself suggests a kind of demonic or spiritual influences that rises above the power of mere mortals. For this reason, the club is able to attract attention and interest from those who live on the margins of society, who feel disenfranchised, and who seek a way to rebel against the system within an organization structure. Due to its wealth as an organization, it can afford the best legal counsel whenever the law does try to prosecute its members.
Part Two
4. Law Enforcement Strategy
In order for law enforcement to have a chance against HAMC, it must develop a fervor for law enforcement—one that has been lacking in the past. Indeed, one reason HAMC was able to spread so quickly in Canada was that law enforcement failed to act with much fervor at all. This section will discuss the overall approach of law enforcement, the target, the tactical objective, the traditional enforcement strategies and alternative control approaches.
4.1. Introduction / Overall Approach
Prior to the 21st century, law enforcement had done little to deter the activities of HAMC. In 2002, law enforcement in Ontario engaged in Project Retire, which saw a significant crackdown on outlaw motorcycle gangs, including HAMC. Anti-gang legislation helped to assist law enforcement in their activities by giving them more leeway to act. One of these laws is the Proceeds of Crime Act, which obliges financial institutions to report large cash transactions of $10,000 or more.
Multi-agency response is also needed to address the HAMC. Law enforcement collaboration will be the only strategy that enables the law to finally drive HAMC out of existence. Joint forces have been mandated so that partnerships among law enforcement agencies can be established. Just as the motorcycle clubs will partner together at times, the law enforcement agencies have found that they cannot expect to work independently of one another and be successful against HAMC.
4.1.1. Target (individuals, crimes, proceeds of crime, etc.)
Drug trafficking is the primary source of income for HAMC; the proceeds of trafficking have been targeted directly by the Proceeds of Crime Act; however, the trafficking of drugs itself has also been targeted. The HAMC knows it must distance itself from criminal activity so it uses intermediaries and lower level gangs to complete criminal transactions (CISC, 2004). A king pin investigation could be used to go after the hierarchy of HAMC. This method works by first targeting lower level individuals in the organization and pressuring them to act as state witnesses. This higher-up a member is, the more disruptive his arrest can be. However, there is a problem with the king pin approach, as shown by the prosecution of mob bosses in the 1980s—it does not necessarily lead to the eradication of crime or of the criminal organization. Targeting individuals to help make cases, targeting crimes such as trafficking to help reduce their profitability and targeting the proceeds of crime are all the most efficacious ways of reducing the influence of HAMC (Schneider, 2017).
The target for HAMC should be to focus on drug trafficking as this the primary source of the gang’s profits. This should focus 1) on lower-level actors who can be used to turn witness against high-ranking members; 2) on the crime of trafficking with emphasis on ports and borders; and 3) with tracking of funds to show the money trail.
4.1.2. Enforcement (tactical) Objective
The enforcement objective is the heart of operations. The objective is to eliminate the organization and its ability to recruit and re-build. If sufficient reduction of the organization is made through arrest and prosecution of targeted crimes and individuals, the influence of HAMC can evaporate to nothing. Investigations have to reliable in scope; focusing on small crimes or on major ones will determine the amount of resources needed as well as the manner in which collaboration among different agencies is required (Scheider, 2017).
The enforcement strategy here should include investigation of the individuals being targeted—how they are connected, with whom they are connected, where orders are originating, and how the enterprise is being conducted. The scope of the investigation has to be defined so that resources are not misused. Arrests have to be made and evidence confiscated to help turn lower level gang members into witnesses.
4.2. Traditional Enforcement Strategies
The Traditional Prohibition/Enforcement Model relies on enforcement strategies and operational tactics. Detection, investigation, prosecution and punishment are all part of this model. Investigation of the crime of trafficking should be thoroughly undertaken before any attempt to send undercover agents into the operation can be completed. The investigation should describe in detail what workers are involved in the port plot, where the imports are being shipped from, and where they are going. Every point of the way has to be understood so that undercover agents can be effectively used to capture the actors in the criminal act.
4.2.1. Enforcement Strategies
Enforcement strategies include detection, interdiction, and use of intelligence. Border control agencies must be part of the joint force team of law enforcement when it comes to detection and interdiction. This is where the importation of drugs and other contraband are most effectively stopped (Scheinder, 2017). Intelligence has to be part of the process, because border control agencies cannot stop every car or transport. Intelligence systems can give them a better idea of who to stop or what to stop. Suspicious indicators can help agents flag cargo, such as where the cargo is coming from (a drug source country like Pakistan), the routing information (an unusual route suggests criminal activity), and no listing for the importer (Schneider, 2017). All of this can help border control establish a focus and should be implemented in the border control focus on this law enforcement strategy.
4.2.2. Operational Tactics
Operational tactics that should be used include putting agents in the field, developing informants from within the gangs, using surveillance, and tracking money flagged by financial institutions. Witnesses are of great aid, but because of the threat of violence and intimidation from HAMC, witnesses are hard to come by. Informants are helpful, but they have to be cultivated and it often requires flipping one who is already a member and convincing him to help investigators. However, HAMC has strict rules about ratting out other members and the fear of violent retaliation can also be felt here. The use of witness protection programs is a must if law enforcement is to have any success in getting witnesses or informants to help.
Surveillance can provide detailed information useful for intelligence; however, undercover operations—with agents acting as buyers of drugs—can help to catch members of the gang. Controlled deliveries is another option and can be used in sting approaches. Search and seizure to obtain physical evidence is an important tactic to use so that a case can be made against the members. Enforcing the Proceeds of Crime Act is a necessary tactic that helps prosecutors show the money trail. Multi-agency cooperation is absolutely essential for all of these tactics to come together.
4.3. Alternative Control Approaches
Alternative Control approaches include government commissions, tax enforcement, and civil remedies (such as civil forfeiture). Currency and suspicious activity reporting can be useful here, but so too can be the use of the armed forces in combating the HAMC. One of the strengths of HAMC is their use of intimidation. Law enforcement officers can be intimidated in stopping HAMC on the streets—but armed forces are going to bring their own level of intimidation that can be effectively used to counter any presented by HAMC. The final strategy for eradicating HAMC will be to use armed forces for making a mass arrest of all individuals in the HAMC who can be connected by way of evidence and witness testimony to criminal activity. HAMC will not be able to resist or intimidate armed forces.
5. Conclusion
The HAMC are a heavily influential and successful organized crime outfit that has been able to put some distance between itself and criminal activity so that it can plead plausible deniability. The key to bringing this criminal organization to justice is to use intelligence to show how the organization works, and to bring it down by catching it in the act. This will require both extensive surveillance as well as intricate collaboration between law enforcement agencies. The three-fold strategy for eradicating HAMC will be to focus 1) on lower-level actors who can be used to turn witness against high-ranking members; 2) on the crime of trafficking with emphasis on ports and borders; and 3) with tracking of funds to show the money trail.
References
CISC. (2004). Annual Report: Organized Crime in Canada. National Police Service.
Katz, K. (2011). The enemy within: The outlaw motorcycle gang moral panic. American Journal of Criminal Justice, 36(3), 231.
Royal Canadian Mounted Police (RCMP). (1994). Outlaw motorcycle gangs. Royal Canadian Mounted Police Gazette, 56(3 & 4), 3.
Sakellariou, A. (2019). 20 Rules The Hells Angels Make Their Members Follow. Retrieved from https://www.thethings.com/rules-the-angels-make-their-members-follow/
Schneider, S. (2017). Canadian organized crime. Canadian Scholars.
Silvester, J. (2006). The silent enforcer. Retrieved from https://www.theage.com.au/technology/the-silent-enforcer-20060924-ge376c.html?page=2