Transnational organized crime and government complicity as a modern threat

Organised Crimes

Organized crime and government

Introduction and overview common definition of organized crime is, "Widespread criminal activities, such as prostitution, interstate theft, or illegal gambling, that occur within a centrally controlled formal structure" (Dictionary: organized crime). The emphasis in this definition is on the elements of control and formal structure, which differentiates this form of crime from other categories of crime

The definition of organized crime however becomes extended when the element of international or transnational crime is added. This means that the organization and activities of crime takes place across a much larger and more complex area and that the effect of this type of crime is more extensive and pervasive.

Another more expressive definition of organized crime is as follows; " Organized crime... is characterized by a few basic qualities including durability over time, diversified interests, hierarchical structure, capital accumulation, reinvestment, access to political protection and the use of violence to protect interests" (Government and organized crime: A history of co-existence, 2008). Among the more well - known organized crime organizations are the Cosa Nostra, known as Mafia, the Russian Mafia, the Japanese Yakuza, the Chinese Triads, the Colombian and the Mexican drug cartels, and the Chechen Mafia. (Government and organized crime: A history of co-existence, 2008)

This paper will attempt to discuss the threat that modern organized crime poses to society and that way that transnational crime has increased this threat. Coupled this is the view that international crime functions and grows in many cases in conjunction and often with the assistance of various governments in the world. The center thesis that will be explored is that international organized crime is a threat that is exacerbated by the tacit and active complicity of some governments in the world.

2. The extent of organized crime

The extent of the increasing threat of organized crime and particularly transnational organized crime was emphasized in a recent statement by the U.S. Attorney General, Michael B. Mukasey. Addressing the Center for Strategic and International Studies think tank in Washington, he stated that;

The challenge we face with the new breed of organized criminals is quite different from the one we faced a generation or two ago,...They are more sophisticated, they are richer, they have greater influence over government and political institutions worldwide, and they are savvier about using the latest technology, first to perpetrate and then cover up their crimes.

Attorney general targeting international organized crime).

It is suggested in this comment that organized crime groups "... have greater influence over government and political institutions worldwide." This is a particularly worrying aspect of modern organized crime. In reality, the interaction between government and organized criminals means that the influence of these groups becomes extensive and more difficult to detect and control. The task of any government is in the first instance to protect its citizens from crime and criminal abuse and if this role is not carried out adequately, then there is a concomitant increase in crime and a reduction of law and order in that society. Crime therefore permeates the very societal structures that are intended to combat it.

In his address Mukasey goes further and states that, "...international organized crime groups controlled "significant positions" in global energy and strategic materials and were expanding holdings in the U.S. materials sector" (Attorney general targeting international organized crime). The influence and growth of organized crime in the world and the United States is therefore a cause for serious concern and this has resulted in a wide range of research studies.

These studies also emphasize other reasons for the growth of organized crime internationally that are linked to various forms of access to societal and governmental structures. It has been found that one of the main reasons for the proliferation and growth of criminal groups is the increased access to information and exchange of idea that is facilitated by the modern communications and Internet technology. This process is also facilitated by the breakdown of national and international borders and barriers. This has been made possible by the increased exchange and sharing technologies and the internet.

In effect, the literature shows that international organized crime has become a problem that is characteristic of the 21st century. As Louise Shelley, Director of the Transnational Crime and Corruption Center (TraCCC) stresses, contemporary organized crime has assumed a particularly significance in this century.

Transnational organized crime will be one of the major problems facing policy makers in the 21st century. It will be a defining issue of the 21st century as the Cold War was for the 20th century and Colonialism was for the 19th. No area of international affairs will remain untouched as political and economic systems and the social fabric of many countries will deteriorate under the increasing financial power of international organized crime groups.(CRIMINAL JUSTICE RESOURCES: Organized Crime)

It is also significant to note that experts determine that two main identifying characteristics of modern organized crime in the United States and in areas of the world are conspiracy, and enterprise. (Kelly, Chin and Schatzberg, 1994, p. 246)

This would suggest that organized crime has evolved and has become an endemic part of the governmental and organizational structures in modern society.

3. The dynamics of international organized crime

In order to understand the interrelationship and interaction between governments in the world and the rise of international organized crime, it is useful to analyze the way that the modern transnational and changing world has influenced international crime syndicates and organizations. There is a subtle and complex relationship between the changes in world governments and increases in of international crime.

The modern nature of international crime is emphasized by the following quotation:"... As the world order has changed over the past decade, so too has the nature of organized crime. Not only has organized crime expanded its areas of interest to become a transnational phenomenon; it has also changed the nature of its operations" (Shaw).

In essence, international crime has become more sophisticated and has taken advantage of the changing world situation, particularly with regard to governmental structures. This refers to what is termed a 'crisis of governance' in many countries, which is situation that exists where "....state boundaries no longer inhibit the growth of criminal networks to the extent that they did previously" (Shaw). Furthermore, in many regions of the world there has been a collapse of government and a consequent change in governmental structure, such as occurred in the Soviet Union with the failure of communism. This creates an environment for criminal organizations where they "... can operate in parallel to existing business and government institutions"

Shaw uses the Soviet Union as a good example of this phenomenon. "...the collapse of communist rule allowed the emergence of literally thousands of criminal organisations involving current and former members of the establishment " (Shaw). As Shaw and others points out, a situation where there are functional links between government and organized crime has parallels in many other regions and countries, particularly in the developing countries of Africa and Asia.

In essence, the changing international stage and the disappearance of boundaries and barriers between counties and nations provide the opportunity for criminal organizations to grow. Furthermore, it also provides for the possibility of greater interaction between criminal organizations and governments that may be dependent on these organizations for certain political and social needs.

Government and organized crime

An example of the way that organized crime interfaces and is supported by government has already been referred to in the example of the Soviet Union; where new governmental structures are seen to incorporate elements of organized crime. However, an example that is more verifiable can be found in many African countries.

There are studies that suggest that there is an intersection between organized crime and government in South Africa. With the demise of the system of Apartheid in the country, "..., border controls were weakened, thus creating new potential areas of operation for organised crime" (Shaw). This fact coincided with the transnational and multinational organized crime that was expanding across the globe at the time. As a result crime organizations saw their opportunity in the breakdown of order and "... bought into local operations and expanded them, or contracted subsidiary organizations to conduct their work for them" (Shaw).

Studies also show the way that organized crime has improved its ability to use the available situation of the state to government to their advantage. Therefore, in countries like Russia and Columbia ".... is often difficult to tell where the state ends and organised crime begins. Good state contacts enable operations to run more smoothly, while forewarning crime bosses of any impending government crack-down" (Shaw). It is also significant to note that the control of organized crime in Russia has been hampered by aspects such as the bribery of police and government officials as well as, "The lack of effective communication with law enforcement agencies in other countries" (Carter).

Countries in West Africa are also open to the intrusion by organized crime syndicates due to the extent of governmental corruption. This situation is exacerbated by numerous civil wars and a general state of criminal anarchy in many of the countries in the region. For examples, African dictators such as Sani Abacha of Nigeria have created an environment of lawlessness and anarchy that favor organized crime and provides access to official channels for the perpetuation of crime. (Carter)

5. Conclusion

The reality of international organized crime is acknowledged by numerous experts and pundits. The nature of organized crime has changed and become more sophisticated over recent years to become more pervasive and extensive. There is a general consensus among law enforcement agencies and organizations that international crime is a real and pervasive threat to order and security. "The threat from drug trafficking and economic crimes (such as theft of intellectual property, industrial espionage, black marketeering, product counterfeiting, and computer-related crime) is increasingly recognized as a matter of national security in the United States and elsewhere" (Carter). This situation is further exacerbated by the advances in technology that has resulted in the reduction of legal and other barriers between countries. Governments in various countries are also implicated in the actions and activities to organized crime. This is turn is related to the changing situation of governments in the world and particularly to the breakdown of governmental structures in the developing world - although this does not exclude interaction between government and crime in more developed countries.

The literature on his subject also points out that it is not only 'failed states', governments that have collapsed or obviously corrupt governments that are targets for infiltration by organized crime. As many pundits stress, international criminal organization also flourish in sound and effective governmental structures, as these also provides a lucrative meads of continuing and advancing their business. Shaw notes that, "The existence of a relatively strong but penetrated state allows organised crime the luxury of using state institutions for profit, remaining relatively free from prosecution while continuing to operate in a comparatively stable environment" (Shaw).

In the final analysis, there modern technological environment and volatile social and political conditions in many parts of the world provide a lucrative environment for organized crime in use social institutions to the advantage. This situation is exacerbated by the involvement of many governments in crime in various ways, which makes the combating and detection of crime much more difficult.