ORGANIZED CRIME M2A1
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ORGANIZEDCRIMELAWENFORCEMENT.pdf
CHAPTER FIFTEEN
Organized Crime: Law Enforcement
Abadinsky, Organized Crime 10th ed.
On June 22, 2011, legendary Boston crime boss James ("Whitey") Bulger, age 81, was arrested by federal agents in Santa Monica, California. His capture ended a 16-year international manhunt. Recruited as an informant in the mid-1970s, Bulger had a virtual "get out of jail free" card in exchange for information. He disappeared in 1995 after an agent alerted him to an imminent indictment.
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CONSTITUTIONAL RESTRAINTS
4th Amendment: Right to be secure against unreasonable searches and seizures; exclusionary rule.
5th Amendment: Right to remain silent.
6th Amendment: Right to speedy jury trial.
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JURISDICTIONAL LIMITATIONS
Constitution provides for a federalist form of government. Powers are diffused to protect us against tyranny. Municipality and state have most police responsibility. Inefficient: Handicaps efforts to deal with OC.
National boundary limits. Jurisdictional limitations can sometimes overcome
constitutional restrictions. However, 4th Amendment and exclusionary rule do not
govern seizures in foreign countries by those nations’ police. U.S. prosecutors can use that evidence in U.S. court actions.
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CORRUPTION
Two basic law enforcement strategies:
Reactive law enforcement: Encourages citizens to report crimes; the agency then responds.
Proactive law enforcement: Officers/agents must seek out indications of criminal behavior.
Undercover officers are more prone to corruption because information gathered is not known to the police organization.
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INFORMANTS
Criminal informant: Provides help to law enforcement.
Financial rewards, vengeance, drive competition out of business, or secure lenience for him(her)self.
Risk: Overlook continued criminal activity.
Ethical and policy questions.
Should the informant be given immunity from lawful punishment in exchange for cooperation?
Should a murderer remain free because he or she is of value to OC enforcement efforts?
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THE GRIM REAPER’S 1964 WORK FOR J. EDGAR HOOVER
1964: 3 civil rights workers missing in Mississippi.
At FBI’s direction, Grim Reaper (Gregory Scarpa) traveled to Mississippi, met with FBI agent.
FBI agent pointed out local KKK member.
Scarpa kidnapped the KKK member and convinced him that a failure to provide information would result in an inability to father children.
Shortly afterward, the FBI found the bodies of the missing civil rights workers.
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BOSTON
“Whitey” Bulger, vicious crime boss of Southie, insular Irish South Boston neighborhood.
1976: Whitey Bulger became a government informant.
FBI field offices were under pressure to wage an effective war against the American Mafia, known in New England as the “Office.”
In return for informing on the Patriarca Family, Bulger and Flemmi were free to conduct criminal business safe in the knowledge they were protected by the FBI.
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LAW ENFORCEMENT AGENCIES AND OC
There is no national police force in the U.S. Constitution does not authorize federal police power. Specialized federal enforcement agencies arose in an
unplanned and uncoordinated manner. Municipal (cities, counties, towns) police responsibility
is general, full-service enforcement. Municipalities are not well equipped to fight OC.
States’ primary responsibility is highway traffic enforcement.
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DEPARTMENT OF JUSTICE (DOJ)
Judiciary Act of 1789 created the Office of Attorney General (AG). Head of the DOJ Chief U.S. law enforcement officer
94 federal judicial districts; U.S. Attorney in each, appointed by president.
Organized Crime and Racketeering Section (OCRS) coordinates and develops nationwide programs for responding to OC.
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FEDERAL BUREAU OF INVESTIGATION (FBI)
14,000 agents.
Major agency combating OC.
Uses RICO.
Increased focus on terrorism could detract from FBI efforts to respond to organized crime.
2011: Indictment of 130 members and associates of the American Mafia.
Afterward, FBI downsized OC squads, merging Bonanno and Colombo squads and combining Lucchese squad with unit investigating Eastern European organizations.
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DRUG ENFORCEMENT ADMINISTRATION (DEA)
Single-mission agency; enforces federal controlled substances statutes. Manages national drug intelligence network.
Regulates legal controlled substances trade.
Accountability investigations of drug wholesalers, suppliers, and manufacturers.
Inspects records and facilities.
Investigates instances where drugs have been illegally diverted from legitimate sources.
Agents stationed in other countries to gain cooperation in international efforts against drug trafficking and help train foreign enforcement officials.
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U.S. MARSHALS SERVICE AND WITNESS SECURITY PROGRAM
Marshals provide security for federal court facilities and federal judges; transport federal prisoners; apprehend fugitives; serve civil writs issued by federal courts, including the seizure of property under provisions of RICO; and provide for custody, management, and disposal of forfeited assets.
Their most important OC task is administering the Witness Security Program.
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WITNESS SECURITY PROGRAM
Authorized by Organized Crime Control Act of 1970.
24/7 security to witnesses while they are in a high-threat environment, including pretrial conferences, trial testimonials, and other court appearances.
Witnesses and their families get new identities and financial help for housing, basic living expenses, and medical care.
Job training and employment assistance may be provided.
No Witness Security Program participant following program guidelines has been harmed while under the active protection of the U.S. Marshals Service.
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BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES (ATF)
2003: ATF transferred from the Treasury Dept. to DOJ.
ATF tax and trade functions remain in Treasury.
Regulates firearms and explosives industries from manufacture and/or importation through retail sale.
National Tracing Center (NTC) paper trail.
National Response Teams (NRT) investigate arson and bombings.
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DEPARTMENT OF THE TREASURY: IRS CRIMINAL INVESTIGATION DIVISION
Net worth theory:
Taxpayer’s net worth at beginning of tax period, minus net worth at end of the period.
Does net gain in net worth exceed reported income?
IRS reconstructs a person’s total expenditures by examining the person’s actual standard of living and comparing it with reported income.
Capone case taught a lesson: “Management-level persons in OC report their income—at least the part they spend.”
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DEPARTMENT OF HOMELAND SECURITY (DHS)
Homeland Security Act of 2002 transferred some Treasury Dept. agencies to the DHS.
Customs Service and Border Protection (CBP) has authority to search outbound and inbound shipments.
Immigration and Customs Enforcement (ICE). Investigates immigration crime; human, drug, and arms smuggling; finance crimes, export matters, and cyber-crime.
Coast Guard: Interdicts contraband on the seas.
Secret Service: Safeguards U.S. payment and finance systems; Electronic Crimes Task Force; safeguards president and others.
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A FISHY HAUL
In 2004, Naval frigates with Coast Guard officers aboard intercepted two ships from Colombia 300 miles west of the Galapagos Islands. The first had 30,000 pounds of cocaine hidden in a sealed ballast tank; the second contained 26,000 pounds of cocaine hidden under fish and ice in the cargo.
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DEPARTMENT OF LABOR OFFICE OF INSPECTOR GENERAL
Responsible for criminal investigation program to combat influence of OC and labor racketeering in the workplace.
OIG special agents of Division of Labor Racketeering conduct investigations in 3 areas:
1. Employee benefit plans;
2. Labor-management relations; and
3. Internal union affairs. Top priority is given to American Mafia domination.
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POSTAL INSPECTION SERVICE
The Postal Inspection Service, with about 1,400 criminal investigators, is responsible for protecting the integrity and security of U.S. mail and postal facilities.
Postal inspectors investigate the use of the mail to conduct fraud, the mailing of contraband, such as drugs, child pornography, hazardous materials including mail bombs, biological and chemical weapons.
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DEPARTMENT OF HEALTH AND HUMANSERVICES
OFFICE OF INSPECTOR GENERAL (HHS OIG)
Health Insurance Portability and Accountability Act of 1996.
Health Care Fraud and Abuse Control Program.
With AG and the HHS OIG, coordinates federal, state, and local law enforcement health care fraud and abuse activities.
Office of Investigations (OI) conducts criminal, civil and administrative investigations of fraud and misconduct.
With the FBI, OI responds to threat posed by international organized crime groups targeting Medicare and Medicaid.
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DEPARTMENT OF DEFENSE (DOD)
1878 Posse Comitatus Act prohibits U.S. Army from civilian law enforcement. Air Force was added in 1956.
Navy and Marines have administrative restrictions.
Until 1981, DOD limited its involvement in law enforcement to lending equipment and training civilian enforcement personnel in its use.
In 1981, as part of a new “War on Drugs,” Congress amended the Act, authorizing greater military involvement in civilian drug enforcement.
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INTERNATIONAL POLICE ORGANIZATION INTERPOL
Assists law enforcement agencies with investigative activities that transcend national boundaries.
U.S. National Central Bureau (NCB) connects with INTERPOL.
NCB is co-managed by the U.S. DOJ and U.S. DHS.
Staffed with law enforcement personnel from federal, state, and local law enforcement agencies with DOJ analysts, translators, technicians, and administrators.
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INVESTIGATIVE TOOLS IN ORGANIZED CRIME LAW ENFORCEMENT
Intelligence: tactical and strategic
Electronic Surveillance
Telephone tap
Transmitter
Telephone transmitter
Laser interceptors
Satellite relays
Fiber optics
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GRAND JURY
In the federal system, a grand jury is a body of 23 citizens, operate with quorum of 16, and requires 12 votes for an indictment.
Grand jury members are not agents of the government.
They are direct representatives of the citizenry.
Extensive due process rights are not necessarily relevant to grand jury proceedings.
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IMMUNITY
There are 2 types of immunity:
Transactional immunity provides blanket protection against prosecution for crimes about which a person is compelled to testify.
Use immunity prohibits the information provided by a person from being used against him or her, but the person can still be prosecuted using evidence obtained independently of his or her compelled testimony.
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