LEA 324 NOTES ON ORGANIZE CRIME INVESTIGATION

SFO4 Jovelyn M Francia (Ret.)

KEY ISSUES IN THE STUDY OF ORGANIZED CRIME INVESTIGATION

Concept, nature, and attributes of Organized Crime;
Kinds, origin, and modes of operation of Organized Crime;
Transnational or borderless crimes;
Human Trafficking;
Cyber/Technology crimes;
Kidnapping and terrorism;
Organized Syndicates;
National and International Laws, decrees, treaties and statutes.

Concept of Organized Crime

- Organized Crime refers to a group that engage in illegal activities which involve various criminal activities using
violence, corruption, and intimidation to maintain control and power within their territories with main objective -
“profit.” These organized crime group disrupt and compromise the social and economic institution posing significant
challenges to the society especially to Law Enforcement Agencies.

What is Organized Crime?

- Is a continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public
demand. Its continuing existence is maintained through corruption and use of intimidation, threats or force to
protect its operations. It involves a group of individuals (at least three), either local, national or international. It is
both social system and a social world where the group is composed of relationship within a family, within business
or corporation or within a criminal “gang.” Functions are interrelated in hierarchical structure for the purpose of
attaining goal.
- Shall mean a structured group of three or more persons, existing for a period of time and acting in concert with
the aim of committing one or more serious crimes or offences in order to obtain, directly or indirectly, a financial or
other material benefit.
UN, PALERMO ITALY, 2000- All illegal activities engaged in by members of criminal syndicates operatives throughout
the United States and all illegal activities engaged in by known associates and confederates of such members. (U.S
Department of Justice)
- Group activities of three or more persons, with hierarchical links or personal relationships, which permits their
leaders to earn, profits or control territories or markets, internal or foreign, by means of violence, intimidation or
corruption, both in furtherance of criminal activity and to infiltrate the legitimate economy.
- Any enterprise or group of persons engaged in a continuing illegal activity which has a sits primary purpose the
generation of profits and continuance of the enterprise regardless of national borders. (INTERPOL, according to P.J.
Ryan and G.E. Rush)
- Any group having some manner of formalized structure and whose primary objective is to obtain money through
illegal activities (FBI, according to H. Abaddinsky)
- Is any crime committed by a person occupying, in an established division of labor, a position designed for the
commission of crimes providing that such division of labor includes at least one position for corrupter, one position
for corruptee, and one position for an enforcer (FBI)

ORGANIZED CRIMINAL GROUP – is structured group of three or more persons, existing for a period of time and
acting in concert with the aim of committing or more serious crimes or offenses established in accordance with this
convention, in order to obtain, directly or indirectly, a financial or material benefit.

DIVISION OF LABOR OF ORGANIZED CRIME GROUP

1. A corrupter – the one who corrupts or bribes, intimidate or threatens, negotiate or “sweettalks” into a relationship
with public officials, law enforcement officer, or anyone who would be of help in obtaining security and immunity
from possible arrest, prosecution and punishments. jimf45-1
2. A corruptee – a public officials, law enforcement officers or anybody who not a member of the organization who
can help the organization.
3. An enforcer – the one who makes for the arrangements for the killing (injuring or carrying out the task physically,
economically or psychologically) the members or non-members.

SOME ATTRIBUTES OF ORGANIZED CRIMES

1. Has no political goal – non-traditional organized crime which is engaged in for political or ideological gain or
acceptance.
- is basically motivated by money and power. It is not social doctrine, political belief nor ideological concerns
that motivated the members. Political involvement is just a part of its activities for the purpose of gaining protection
for its illegal activities.
2. Hierarchical – a group of interdependent actors in which there is a clear ranking among participants that
distinguishes leaders from other members. It is usually termed as "bureaucratic," "corporate," or "organizational."
- an organized crime has a vertical power structure with at least three (3) ranks. The authority is inherent in the
position and does not depend on who happens to be occupying it at any given time.
3. Limited or exclusive membership – They are organized through specialization or division of labor, monopolistic
and governed by rules and regulations.
- the criteria such as ethnic background, race, kinship, criminal record and other similar consideration seems to
be the basis for membership in an organized crime group. Sponsorship by a ranking members and behavior
characteristics also plays important factors for recruitment such as but not limited to: willingness to commit criminal
act, follow the rules and regulations and secrecy in the organization.
4. Constitute a unique subculture – they belong to a unique subculture – that supports behaviors considered
criminal - ranging from petty theft to even violent crimes.
- members of the organized crime group considered themselves distinct from the conventional society. They
look at the society as “weak and stupid” and treat them with derisions if not contempt, and therefore not subject
to its rules. This is sometimes referred to as “the underworld”.
5. Perpetuates itself – it is self-perpetuation. Their functions proceed without interruption regardless of arrests or
deaths of participants. Its structure is designed for continuous succession.
- an organized criminal group constitutes an ongoing criminal conspiracy designed to persist through time; that
is, beyond the life of the current membership. In order for the group to survive, it must have an institutionalized
process for inducting new members and inculcating them with the values and ways of behaving of the social system.
This is shown by the depth of the sub-cultural orientation exhibited by the group.
6. Exhibits a willingness to use illegal violence and bribery – use of violence to reinforce their reputation, maintain
their market position and increase the competitiveness of their businesses.
- violence is readily available and acceptable in an organized crime group as a means to achieve its goal. Bribery
becomes necessary so as to protect its operation and ensure lesser chance of detection and suppression.
7. Demonstrates specialization/division of labor – there is a need for established functional position filled with
qualified members.
- they have specialized roles for their members such as enforcers, hackers, financiers, drug producers, killers,
etc. This division of labor allows the group to efficiently carry out various criminal activities
8. Monopolistic – having or trying to have complete control of something, especially an area of business, so that
others have no share.
- it strives for hegemony over a particular geographic area, a particular “industry”, legitimate or illegitimate, or
a combination of both. A monopoly, of course, restrains “free trade” and increases profits. An organized crime
monopoly is maintained by violence, threat and by corrupt relationships with law enforcement officials. A
combination of both methods, violence and corruption, maybe employed. jimf45-2
 Hegemony – leadership/dominance, especially by one country or social group over others
9. Governs by explicit rules and regulations – leaving no question as to meaning or intent which include a code of
secrecy.
- an organized crime group, like a legitimate organization, has a set of rules and regulations that members are
expected to follow. In an organized crime group, however, a rule-violating member is not fired but, more likely, fired
upon.

For Organized Crime Group to Work usually it has at least the following:
1. A corrupter - (fixer/money mover)
2. A corruptee - public officials, law enforcers or anybody who not a member of the organization who can help the
organization. Someone who has been corrupted or influenced by someone or something else.
3. An enforcer – one who carries out difficult assignments involving the use of violence, including murder, in a
rational manner. He may use members or non-members or even a specialist to carry out the assignment
Question:
Q1. Could a corruptee be held legally accountable for a crime in relation to organize crime?
Answer:
A1. Yes, a corruptee be held liable for a crime. If a corruptee is found to have knowingly engaged in illegal activities
or collaborated with organized crime groups, they could face criminal charges. The punishment could include
fines, imprisonment, or both, depending on the severity of their actions and the laws of the jurisdiction.
SOME CHARACTERISTICS OF ORGANIZED CRIMES
1. Continuity – They operate beyond the lifetime of individual members and is structured to survive changes in
leadership. This continuity enables them to accumulate wealth and power, expand their influence, and adapt to
changes in law enforcement or market conditions. It allows them to develop intricate networks, establish
relationships with other criminal organizations, and exert control over various illicit activities such as drug trafficking,
money laundering, etc.
2. Hierarchy / Structure – They are structured as a collection of hierarchically arranged interdependent persons
devoted to the accomplishment of a particular function. The structured hierarchy enables them to maintain control,
coordinate their activities effectively, and minimized internal conflicts.
3. Corporate structure – They appoint a leader who is assisted by other members in hierarchical structure. Members
are appointed on the basis of skill, relationship with existing members etc. It has a boss, advisors, captains, crews &
soldiers. They may have specialized units for functions like logistics, finance, and enforcement. Similar to
corporations, they also prioritize profit maximization and risk management. They invest in market research to
identify lucrative opportunities, minimize costs, and mitigate risks associated with law enforcement or rival gangs.
4. Centralized authority – They function on the basis of centralized control vested either by one individual or a few
members. In such structures, there is typically a clear chain of command, with ultimate authority resting at the top.
However, while centralized authority provides certain advantages, it also poses risks whenever the leaders are
arrested or eliminated, it can disrupt the entire organization’s operations.
5. Membership – Is a critical aspect as they rely on a network of individuals to carry out their illicit activities. At the
core of the organization are the full-fledged members often referred to as “made men” or “made women.” These
individuals usually have undergone an initiation process, which may involve committing serious crime or proving
their loyalty to the group. These groups often have a network of contacts and allies who collaborate with them on
a more informal basis which include corrupt officials, business owners, etc.
- They are characterized by secrecy, loyalty, and a code of conduct that emphasizes obedience to the leader/s and
maintaining the group’s interest above all else. Individuals who betray or violate its rules may face severe
consequences.
- This is the KEY element of organized crime, providing the manpower and resources necessary for the group to
carry out its illegal activities and maintain its influence.
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6. Team Work – It enables them to overcome obstacles, exploit opportunities, and maintain their power and
influence in the underworld.
Teamwork considers the following:
Division of Labor – allows members to specialize and work in different roles and tasks.
Information sharing – enables members to share intelligence, assess risks, and adapt their strategies
accordingly to minimize exposure and maximize profits.
Mutual Protection – members rely on each other for protection and support. It fosters a sense of
camaraderie and loyalty, encouraging members to watch each other’s backs, resolve conflicts internally, and
retaliate against threats from outsiders.
Strategic planning – allows members to pool their expertise and resources, brainstorm creative solutions,
and devise strategic plans to achieve their goals against rival gangs and possible law enforcement detection.
7. Criminality – This is the DEFINING characteristics of organized crime group. They engage in a wide range criminal
activity for financial gain, power and control.
8. Planning – CRUCIAL aspect of organized crime group. Planning is integral to organized crime group in order to
maximize profits, minimize risks and maintain their power.
Things to consider in planning:
a. Long-Term Strategy - It involves assessing market trends, identifying opportunities, and allocating resources.
b. Operational Planning - This is to ensure the efficiency and success of their operation. This includes
coordinating logistics, managing supply chains, & scheduling criminal activities to minimize exposure to law.
c. Risk Assessment - Assess risks associated with their activities, including legal consequences, rivalries with
other groups, potential losses and detection of law enforcement agencies.
d. Resource allocation - Efficient allocation of resources to include personnel, finances and technology.
e. Adaptation - They constantly reassess their plans in response to changes in law enforcement tactics, market
conditions and rival activities.
f. Communication and coordination - It require a clear communication among members of the group. It
includes establishing communication channels, protocols for sharing information, and strategies for
resolving disputes or conflicts.
g. Security measures - Implementing security measures to protect the group’s activity from detection by law
enforcement and rival organization. This may include encryption technology, counter-surveillance tactics,
and compartmentalization.
9. Secrecy – In organized crime group, high secrecy is maintained. Only people holding higher posts know what
crime has to be committed, sometimes even criminal working at the grass-root level does not know who the boss
is. Head of the organization issue order to the person and second in command who in turn may instruct others to
commit the crime. There is possibility that the members are unaware of other members in the group.
10. Specialization – Some groups specialize in just one crime while some others may be simultaneously engaged in
multiple crimes. Those groups which are engaged in multiple crimes are more powerful and influential.
11. Division of labor – It involves delegation of duties & responsibilities & specialization of functions. The members
work like professionals whose duties and responsibilities are predefined based on their skills. Organized criminal
groups and their protectors rely on skilled individuals or specialist support to assist in the attainment of group ‘s
goal. The specialist assists the criminal groups on an ad-hoc basis and not permanently. They are non-the-less
considered part of the organized crime. The specialist includes pilots, chemists, arsonists, hijackers, shooters etc.
12. Violence - Violence and intimidation are an integral part of a criminal group. The violence or threat of it is used
against the members of the group to keep them in line as also against the outsiders to protect the economic interests
of the group. Members are expected to commit, condone or authorize violence.
13. Power/Profit goal – The political power is achieved through the corruption of public officials, including legislators
and political executive. Sometimes, such group may also penetrate the legitimate economy, through construction&
financing business.
14. Monopoly – From limited area, limited type of crime and with a limited number of persons to gradually expand
into a wider range of activities. jimf45-4
15. Protectors – Arranges permanent protection against interference from law-enforcement authorities and other
agencies of government. Corruption is the central tool of the criminal protectors.
16. Conspiracy – It allows the members to pool resources, share expertise, and evade law enforcement by operating
in secrecy. It also facilitates the coordination of complex criminal operations across different geographical areas or
jurisdictions.
17. Reserved fund – They maintain a reserve fund from profits which serves as capital for criminal enterprises,
seeking the help of the police, lawyers and even politicians, and for providing security to the arrested members and
their families.
Question:
Q2: What is the difference between attributes and contributions in relation to organized crime group?
Answer:
A2: Attributes refers to the inherent qualities or features, while characteristics denote observable traits or
behaviors.
Example: Hierarchical structure. This serves as both an attribute and a characteristic of organized crime,
encompassing both its inherent nature and observable traits. Hierarchical structure is primarily considered an
attribute because it’s an inherent quality or many criminal organizations. When we say inherent, it refers to a trait
that is intrinsic or fundamental to something, meaning it exists as a natural part of its essence or nature. It’s a
feature that is innate and integral, rather than acquired or external. However, it can also be considered a
characteristic because it’s an observable trait commonly associated with organized crime.

Q3: What is underworld in organized crime?

A3: It refers to the clandestine or criminal realm where illegal activities such as drug trafficking, extortion, etc.
take place.
STRUCTURE OF ORGANIZED CRIME GROUPS
1. Bureaucratic / corporate model – refers to the adaptation of hierarchical systems and administrative
frameworks similar to those found in legitimate businesses and agencies. Uniformed services such as police
and military are examples of bureaucracies. That mode of organization is essential for effectively and
efficiently carrying out large scale tasks.
2. Patrimonial / Patron Client – refers to a hierarchical system where a dominant leader, known as patron,
controls resources and provides protection and support to subordinates, known as clients in exchange for
loyalty and obedience.

GENERIC TYPE OF ORGANIZED CRIMES

1.Political Graft – individuals within government or political institutions engage in corrupt practices such as bribery,
extortion, and embezzlement for personal gain or to benefit organized criminal networks. Political criminals use
private armies, buying votes or threatening voters for attaining political goals for the purpose of gaining profit
though violence or force.
2.In-Group Oriented Organized Crime – they are usually street gang manned by semi-organized individual that
operates within a specific neighborhood.
3.Mercenary / Predatory organized crime – This could involve mercenaries or hired individuals or groups who carry
out predatory activities such as theft, extortion, etc. on behalf of criminal organizations motivated by financial gain.
4.Syndicated Crimes – can span multiple jurisdictions and may involve complex networks of individuals with
specialized roles and responsibilities within the criminal organization.

TYPICAL ORGANIZED CRIME ACTIVITIES

1. THEFT and FRAUD
Victimizing business:
Hijacking of cargo trucks Stock Fraud (Inside Trading) Robbery
Bankruptcy fraud (“bust-out”) Insurance Fraud
jimf45-5
 Victimizing individual persons:
Car theft (chop-shop or export) Burglary (robbery in a building)
Stock Fraud (pump and dump scam)
Victimizing State:
Counterfeiting of Money Providing immigrant workers to avoid taxes
Bid-rigging public projects Smuggling (Alcohol – bootlegging; Cigarettes – butt legging)

2.PROVIDING ILLEGAL SERVICES and GOODS

-Loan Sharking -Murder for hire -Pornography
-Book making -Toxic Substance -Arms dealing
-Gambling -People Smuggling -Drug Trafficking
-Prostitution -Trafficking in human beings
3.BUSINESS and LABOR RACKETEERING
- Casino skimming - Extortion (example: construction, transport, etc.)
- Bid-rigging - Setting up monopolies in rigid market low tech industries.
- Abusing labor unions - Use of non-union labor and pocketing the wage difference.
- Monopolizing the supply of immigrant workers with the associated people, smuggling.
4.Miscellaneous Activities:
- Money laundering - Piracy
- Political corruptions - Bullying

THEORIES OF CRIME
1. The strain of anomie
2. Differential association
3. Sub cultures and social disorganization
4. Social control theory
5. Ethnic succession

MAFIA
- the first organization to bear the label was the Sicilian Mafia based in Italy, known to its members as Cosa Nostra
- means protection against arrogance of the powerful, remedy to any damage, sturdiness of body, strength and
serenity of spirit, and the best and exquisite part of life.
- apparently Sicilian-Arabic derived from terms meaning to protect and to act as guardian; a friend or companion;
to defend; preservation, power, integrity, strength, and a condition that designates the remedy of damage and ill.
Q4: Who is the toughest gangster of all time?

A4: Upon his death from a torturous, four-day bout with pneumonia in 1932, Frank McErlane was described by
Chicago Police as the “toughest gangster of them all.” His ruthless bootlegging peers in the Windy City feared
him so much, they reportedly paid him a “pension” of hundreds of dollars a week just to stay out of town.
Jan 19, 2022

OMERTA
- is a code of silence and secrecy that forbids Mafiosi from betraying their comrades to the authorities.
- Ideal of manliness
- Non-cooperation with authorities
- Self-control in the face of adversity
- Vendetta-blood washes blood
- Neither government nor church to be trusted
The foundation of the entire mafia is respect. Fear is the engine, and money is the fuel. But longevity of the
mafia as an enterprise is built upon an abiding and uncommon sense of respect. The penalty for transgression is
death, and relatives of the turncoat may also be murdered.
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 Mafiosi generally do not associate with law enforcers (aside perhaps from corrupting officers as necessary).
For instance, a mafioso will not call and ask the help of police when he is a victim of a crime. He is expected to take
care of the problem himself. To do otherwise would undermine his reputation as a capable protector of others, and
his enemies may see him as weak and vulnerable.
According to legend, the word Mafia was first used in the Sicilian revolt – the Sicilian Vespers against rule of
the Capetian House of Anjou on 30 March 1282. In this legend, Mafia stands for "Morte Alla Francia Italia Anela,"
which means "Death to France, Italy Yearns (cries)."
RULES OF AMERICAN MAFIA
- Omerta – the code of silence & non-cooperation with law enforcement. Members are expected to maintain secrecy.
- Always show respect to higher-ranking members, elders, and the organization itself.
- Observe the hierarchical structure in following orders.
- Loyalty to the organization is paramount. Betrayal & disloyalty is often resulting to death.
- Violence must be used, even if only a limited type, to ensure respect.
- While violence is often a part of the operation, there is typically a prohibition against killing civilians or non-
affiliated individuals unless absolutely necessary for business or protection.
- Do not use the telephone except to arrange a meeting place, preferably in code, from which you will then travel to
a place to discuss business.
- Avoid mentioning specifics when discussing business – for example: names, dates, and places
– Mafia families control specific territories, and conflicts over turf are resolved through negotiation or extreme cases,
violence.
- Keep your mouth shut–anything you hear and see, stays with you, in your head; don’t talk about it.
- Do not ask necessary questions. The amount of information given to you is all you need to carry out your
assignment/instruction.
- The boss cannot use violence against a member or close associate of another family without prior consultation
with that family’s boss.
- The principal form of security in the American Mafia is an elaborate system of referral and vouching.

Vouching – refers to the process of endorsing someone who seeks to become a member of the organization. It is a
crucial step in recruiting process, as it helps maintain the secrecy, security and internal cohesion of the organization.
However, it also carries risks, as vouching for someone who later proves to be untrustworthy, disloyal and
worst – an undercover law enforcer.
Vouching several purposes:
1. Verification of trustworthiness – an existing member is essentially vouching for the integrity, loyalty, and ability
of the interested individual.
2. Introduction to the organization – for being vouched for by an existing member provides introduction to the
group and can facilitate the entry of individual.
3. Establishing connection – it creates a connection between the prospective member and the existing members,
fostering a sense of trust and camaraderie within the organization.
4. Enhancing security – existing member ensure that the prospect new member is not undercover law
enforcement officers or informants.

RUSSIAN ORGANIZED CRIME

VORY V ZAKONE
- Russian phrase that means “Thieves in Law” in English.
- Emerged in Stalinist prison camps (Gulags) during Soviet Era & developed a strict code of conduct that emphasizes
loyalty, honor among thieves, and adherence to the Vory v zakone’s rules and traditions.
-Similar to other organized crime group, they maintain a code of silence keeping the organization’s activities secret.
- Members often have tattoos & symbols that signify their allegiance & their rank within the organization

ORGANIZED CRIME IN NORTH AMERICA (LATINO GANGS)

1. Italian Mafia (La Cosa Nostra) – originating from Sicily and was established a significant presence in the United
States, particularly in cities like New York, Chicago and Philadelphia. jimf45-7
2. Mexican Drug Cartels – known for their violence, corruption, and extensive networks spanning both sides of the
U.S. – Mexico border. Three (3) Mexican Drug Cartels:
(a) Sinalao Cartel – founded by Joaquin “El Chapo” Guzman in the 1980s. Dominant players in the illicit drug
trade has been responsible for smuggling large quantities of drugs across the U.S. – Mexico.
- Jalisco New Generation Cartel – founded by Nemesio Oseguera Cervantes also known as “El Mencho” in the early
2010s. It has been responsible for numerous acts of violence, including mass killings, assassinations, and the use of
torture to intimidate rivals and maintain control over territory.
(b) Gulf Cartel – was founded in the 1930s as a bootlegging operation smuggling alcohol across the U.S. –
Mexico border during prohibition. In the early 2000s, the organization formed an alliance with a group of former
Mexican Special Forces soldiers known as the Zetas. This alliance helped the organization maintain control over its
territories but eventually led to a violent split between the 2 groups in the late 2000s. This group has been involved
in violent confrontations with the Zetas & Sinalao Cartel, over the control of drug trafficking routes & territory. These
turf (refers to specific area or territory controlled by criminal organization) wars have resulted in widespread
violence & bloodshed, particularly in the northern border regions of Mexico.
(c) Outlaw Motorcycle Gangs (OMGs) – operate across North America, engaging in criminal activities such
as drug trafficking, extortion, and arms trafficking. They maintain their presence in both urban and rural areas, with
chapter located in various states and provinces. Three (3) OMGs:
1. Hells Angels – founded in California in 1948 by a group of motorcycle enthusiasts. Use various symbols
and patches to identify themselves, including the “death’s head” logo, which features a skull wearing a
motorcycle helmet with wings, the motto “Angels Forever, Forever Angels.”
2. Outlaws – founded in 1935 in McCook Illinois, making it one of the oldest motorcycle clubs in the United
States. Established by a group of World War II Veterans who shared a love for motorcycle and riding.Use
various symbols and patches to identify themselves, including a skull with crossed pistons, the number “13”
and letter “M” (representing the letter M for marijuana), and the motto “God forgives, OUTLAWS don’t.”
3. Bandidos – founded in 1966 in San Leon, Texas by Donald Eugene Chambers. Involved in various criminal
activities. Use various symbols and patches to identify themselves, including a Mexican bandit wearing a
sombrero and holding a pistol, the motto “We are the people our parents warned us about.”

ORGANIZED CRIME IN ASIA

1. Triads-well-known forms of organized crime in Asia particularly in China, Hongkong, & Taiwan. Triad came
from the symbolic triangle in their flag which indicates the three (3) elements:
- The Heaven - refer to the highest level of leadership;
- The Earth - refer to the lower levels of the hierarchy or the “rank and file members.”; and
- The Man - associates who are often involved in carrying out the activities of the organization.
2. Yakuza - Japanese organized crime syndicate with a complex organizational structure. They are known as
“Yakuza Clan” or “Yakuza Families,” involved in various criminal activities.
3. Chinese Triads – diversified their activities to include drug trafficking, human trafficking, cybercrime, and
the smuggling of counterfeit goods.
4. Russian Organized Crime - they are present in countries with significant Russian-speaking populations.
5. Transnational Crime – Asia serves as a hub for various forms of transnational organized crime, including
drug trafficking, human trafficking, wildlife trafficking, and the smuggling of counterfeit goods and
contraband.
6. Street Gangs – They operate in various countries of Asia. Some notable examples include the Triad –
associated street gangs in Hong Kong and the “Yakuza-like’ biker gangs in Japan.

Hong Kong Organized Criminal Groups

Triads, such as “Wo Sing Wo” and 14K are two of the many triads in Hongkong. They are involved in various activities
ranging from drug trafficking to corruption.
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ICAC – Independent Commission Against Corruption is one of the most active Criminal Justice Unit involved in
controlling illicit activities of these triads

JAPAN
Yakuza or Boryokudan
- is the most influential organized crime group in Japan; known for their strict codes of conduct and hierarchical
structures; Members often have distinctive tattoos and adhere to a strict set of rules and traditions; etc.
- Boryokudan means “violent group” or “violent organization.”

CAMBODIA
- Organized crime groups are usually involved in drug production, sex trafficking, labor exploitation, and smuggling
particularly along the borders with neighboring countries like Thailand, Vietnam, and others.
- Additionally, organized crime group have been linked to Illegal logging and natural resource exploitation leading
to deforestation and environmental degradation with the aid of some corrupt government officials and law
enforcement personnel.

TAIWAN
-Taiwan organized crime has close connection with the Chinese Triads and Hong Kong particularly the United
Bamboo Gang. They are involved in drug trafficking, prostitution, women and child trafficking.
-They implemented legal measures and policies to prevent and combat organized crime, including anti-money
laundering laws and regulations aimed at targeting the financial networks of criminal organizations.

SINGAPORE
-This is the country with the lowest cases of organized activities due to stringent laws and severe penalties and the
government’s strong will power for the implementation of laws. The Singapore Police Force is known for its proactive
approach in targeting and dismantling criminal syndicates. Singapore’s zero-tolerance policy towards crime, coupled
with efficient law enforcement measures, has helped to keep organized crime relatively low compared to other
countries in the region.

VIETNAM
- Vietnam is a hub for the illegal wildlife trade, with demand for products such as ivory, rhino horn, and tiger parts.
- is also a hotspot for the production and distribution of counterfeit goods, including counterfeit electronics,
clothing, pharmaceuticals, and luxury goods.
- “Nam Cam Gang” was one of the most noted organized crime groups in Vietnam led by Troung Van Cam who was
arrested and prosecuted together with many of his associates in a high-profile trial in 2003, which resulted in
multiple convictions and lengthy prison sentences, including a death sentence for Nam Cam who was executed by
firing squad on June 3, 2004, signaling a strong message from the Vietnamese government about its commitment
to combating organized crime.

PHILIPPINES – some Organized Crime Group

1.FranciscoGroup – Dragon or Kuratong Baleleng Group – initially formed to combat communist insurgents, the
group later evolved into a criminal syndicate involved in various illegal activities.
2. Pentagon Group – also known as “Pentagon 5” operates primarily in Metro Manila and is involved in various
criminal activities, including drug trafficking, extortion, robbery, and contract killing.
3. Lexus Group – Also known as “Lexus Scam” which gained notoriety for its involvement in large-scale car theft and
smuggling operations. The group targeted high-end luxury vehicles, particularly Lexus and Toyota Models which
were stolen from affluent neighborhoods in Metro Manila and smuggled out of the country for resale in other
countries particularly Middle East.
4. Sigue Sigue Sputnik – Involves in various criminal activities, including drug trafficking, robbery, and extortion.
They usually operate in urban areas particularly in Metro Manila.
5. Batang City Jail – Operates within the Philippine Penal System, with members often coordinating criminal
activities both inside and outside of prison walls.
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TRANSNATIONAL ORGANIZED CRIME
CONCEPT OF TRANSNATIONAL CRIME - The concept of transnational crime was coined by the United Nations (UN)
Crime Prevention and Criminal Justice Branch to identify certain criminal phenomena transcending international
borders, transgressing the laws of several states or having impact on another country.

TRANSNATIONAL CRIME - a continuing illegal activity of group of persons which is primarily concerned with the
generation of profits, irrespective of national boundaries as a result of globalization.

GLOBALIZATION - refers to the rapid development of the western culture that ultimately affects other cultures in
the world as brought by intellectual and technological advances, in which some crimes occurring in other countries
are attributed.

TRANSNATIONAL ORGANIZED CRIME - is a crime perpetuated by organized criminal group which the aim of
committing one or more serious crimes or offenses in order to obtain directly or indirectly, a financial or other
material benefits committed through crossing of borders or jurisdictions.

An offense is transnational in nature if:

- It is committed in more than one State;
- It is committed in one State but substantial part of its preparation, planning, direction or control takes place in
another State;
- It is committed in one State but involves an organized criminal group engages in criminal activities in more than
one State; or
- It is committed in one State but has substantial effects in another State.

Factors Making a Nation “hospitable” to Transnational Crimes:

1. Corruption
2. Incomplete or weak legislation
3. Poor enforcement of existing laws
4. non-transparent financial institutions
5. Unfavorable economic conditions
6. Lack of respect for the rule of law in society
7. Poorly guarded national borders
8. Lack of political will to establish rule of law
9. Geographic location (e.g. a long arm or narcotics trafficking route)
10. Regional geopolitical issues (Example: Long-standing territorial dispute).

PRIMARY STRATEGIES AGAINST TRANSNATIONAL ORGANIZED CRIME

1. Border Control and Customs – strengthening border security and customs controls to prevent the smuggling of
contraband, such as drugs, weapons, counterfeit goods, etc.
2. Legislation and Legal Frameworks – enacting laws and regulations to target specific types of transnational crimes,
such as money laundering, drug trafficking, cybercrime, human trafficking, etc.
3. International Cooperation – strengthening collaboration between countries through treaties, agreements, and
joint operations to combat transnational crime networks across borders.
4. Law Enforcement – enhancing law enforcement capabilities, including specialized units dedicated to investigating
and disrupting transnational criminal organizations.
5. Intelligence Sharing – sharing intelligence and information among law enforcement agencies and international
partners to identify, track, and dismantle criminal networks.
6. Financial Investigations- tracing and seizing assets obtained through illicit activities, disrupting the financial
infrastructure of criminal organizations, and implementing measures to prevent money laundering.
7. Community Engagement and Awareness – engaging communities and raising awareness about the dangers of
transnational crime, as well as providing support services for victims.
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8. Capacity Building – Providing necessary training and resources to law enforcement agencies, judicial systems,
and other relevant institutions in countries affected by transnational organized crime.
9. Targeted Sanctions – imposing targeted sanctions, such as travel bans and asset freezes, against individuals and
entities involved in transnational criminal activities.
10. Addressing Root Cause – addressing underlying factors that contribute to transnational crime, such as poverty,
corruption, weak governance, and lack of economic opportunities.

SOME TRANSNATIONAL CRIMES

Human Trafficking – exploitation and trafficking of individuals for the purposes such as forced labor, Sexual
exploitation, removal and/or sale of organs;
Cybercrime – activities conducted through the use of computer networks or the internet, including hacking, identity
theft, online fraud, and cyber espionage, often with global reach;
Drug Trafficking – illegal production, transportation, and distribution of narcotics and other related drugs;
Money Laundering – process of disguising the origins of illegally obtained money, typically through a series of
complex financial transactions, to make it appear legitimate;
Piracy and Armed Robbery Against Ships – refers to the act of robbery, violence, or other criminal acts committed
at sea;
Arms Trafficking – illegal trade in firearms, ammunition, and explosives across national borders, fueling armed
conflicts, organized crime, and terrorism;
Counterfeiting – production and distribution of counterfeit goods, including currency, pharmaceuticals, electronics,
and luxury goods, often sold across multiple countries;
Environmental Crime- illegal activities that harm the environment and natural resources, such as illegal logging,
wildlife trafficking, illegal fishing, and pollution across national boundaries;
Organized Fraud – schemes involving deceit or misrepresentation to unlawfully obtain money or assets, such as
investment fraud, advance fee fraud, with operations spanning multiple countries;
Smuggling of Migrants – illegal movement of individuals across international borders in violation of immigration
laws, often facilitated by smugglers for financial gain;

HUMAN TRAFFICKING

HUMAN TRAFFICKING / TRAFFICKING IN PERSON (TIP) - refers to the recruitment, transportation, transfer or
harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders
by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to
achieve the consent of a person having control over another person for the purpose of exploitation which includes
at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.

Forms of exploitation – victims can be subjected to various forms of exploitation, including forced labor in industries
such as agriculture, construction, domestic work, manufacturing, mining, maritime sectors, etc. They may also be
trafficked for sexual exploitation, including prostitution, pornography, online sexual exploitation (OSEC), street
begging, forced marriage, removal or sale of organs, etc.

Victims – it can be men, women or children of all ages and backgrounds. Vulnerable populations, such as migrants,
refugees, asylum seekers, homeless individuals, and those living in poverty, are often targeted by traffickers. Victims
may be lured with false promises of employment, education, or a better life, only to be exploited upon arrival at
their destinations.
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Traffickers
- Can be individuals, criminal organizations, or networks that profit from the exploitation of victims. They often use
coercion, deception, threats, and violence to control and manipulate their victims. Traffickers may operate locally,
nationally, or transnationally, taking advantage of gaps in law enforcement, language barriers, and border controls.
Global Phenomenon
- It occurs worldwide and usually driven by the following factors: Poverty, inequality, conflict, displacement,
corruption, and demand for cheap labor and commercial sex. The globalization of economies and the ease of travel
and communication have facilitated the growth of human trafficking.
Legal Framework
- International and national laws have been enacted to combat this problem and protect the rights of victims. The
United Nations Protocol to prevent, suppress and punish trafficking in persons, especially
women and children (commonly known as the Palermo Protocol) is the primary international legal instrument
addressing human trafficking.
Government, NGO and Civil Society Involvement
- Philippine government has taken steps to address this problem by enacting laws, establishing specialized law
enforcement units, and implementing programs to provide assistance and support to victims. NGO and other civil
society groups help in combating this problem by providing shelter, legal assistance, counseling, and reintegration
support to victims, advocacy awareness campaign, and capacity-building initiatives to prevent the problem and
promote the rights of victims.
Push Factors to Trafficking
1. Individual level:
- Lack of education & information - Women’s aspiration
- History of abuse and exploitation
2. Family
- Desertion - Separation
- Domestic violence or marital discord - Neglect of parents
- Bread winner or desire to improve family’s economic condition
3.Community
- Congested neighborhood - Lack of employment opportunities
- Lack of basic social services - Poor housing and living conditions
4.Society
- Political and economic insecurity - Power relations and gender inequality
- Political corruption - Lure of migration
- Conflict - Consumerism
- Poverty - Supply and demand
- Structural adjustment policies resulting in the rising cost of living
Pull factors to trafficking
- Increased ease of travel (cheaper and faster travel opportunities, easier access to passport);
- Higher salaries and standard of living in larger cities and countries abroad (greater possibilities for acquiring new
skills and education, increased job opportunity, and mobility);
- Established migration routes and ethnic, national communities;
- Active demand for migrant workers in destination countries combined with the existence of recruitment agencies
and persons willing to facilitate jobs and travel; and
- High expectations of opportunities in other countries boosted by global media and internet access and stories of
returning migrants or those whose families have profited from remittances.

Vulnerable sector
- Profiles of women trafficked shows that they are mostly young, without or less education coming from the rural
areas and poor families, which include some women displaced in Central Luzon due to the eruption of Mt. Pinatubo
or the landslide in Guinsaugon Southern Leyte. jimf45-12
Republic Act 9208 - Anti-Trafficking in Persons Act of 2003 that aims to combat human trafficking, particularly the
trafficking of women and children. It mandates the creation of the Inter-Agency Council Against Trafficking (IACAT)
to coordinate government efforts in addressing human trafficking issues.
Section 4. Acts of Trafficking in Persons - It shall be unlawful for any person, natural or juridical, to commit any of
the following acts:
(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling or trading him / her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
(d)To undertake or organize tours and travel plans consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;
(e)To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons -The following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a)To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute un issued, tampered or fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance
with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any means, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-departure
registration and services for departing persons for the purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from /to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings
of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
(g)To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage; Deficiency Syndrome (AIDS).
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed
jimf45-13
by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another.
It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a public officer or employee;

Philippine Government Manifested its Commitment against TIP through the Creation/Amendment of the
following legislative acts:
Mail-Order Bride (RA 6955) – enacted in 1990. It regulates the business of matchmaking for marriage purposes between Filipino
women and foreign men. The law aims to protect Filipino women from being exploited and abused by foreign nationals through
mail-order bride arrangements
Anti-Rape law of 1997 (RA 8353) – enacted to address the crime of rape and provide protection to victims. It expanded the
definition of rape and increased the penalties for perpetrators. Among its provisions, the law recognizes marital rape and
imposes heavier penalties for rape committed by parents, guardians, or those in a position of authority over the victim.
Rape Victim Assistance and Protection Act of 1998 (RA 8505) – enacted to provide assistance and protection to victims of rape.
The law aims to ensure that victims receive proper medical, legal, and psychological support throughout the legal process.
Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610) – enacted in 1992. It aims to
protect children from abuse, exploitation, and discrimination by providing special safeguards and remedies.
An Act Prohibiting the Employment of Children Below 15 Years of Age in Public and Private Undertakings (RA 7658) – enacted
to prohibit the employment of children below 15 years old in both public and private enterprises. It amended certain provision
of RA No. 7610 to strengthen the protection of children against child labor and exploitation. The law aims to ensure that children
are protected from hazardous working conditions and have access to education and opportunities for proper development.
Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042) – it aims to promote the welfare and uphold the rights of Filipino
migrant workers and overseas Filipinos. It provides guidelines and support mechanisms for their protection, particularly in terms
of employment, remittances, legal assistance, and repatriation.
Philippine Passport Act of 1996 (RA 8239) – law that governs the issuances and use of Philippine passport holders. It also
defines offenses related to the use of fraudulent passports and impose penalties for such violations.
Inter-Country Adoption Act of 1995 (RA 8043) – law that governs the adoption of Filipino children by foreign citizens
permanently residing abroad. It establishes guidelines and procedures for inter-country adoption to ensure the welfare and
best interests of the adopted children. The law aims to safeguard against child trafficking and exploitation by setting stringent
requirements and monitoring mechanisms for the adoption process.
Expanded Anti-Trafficking in Persons Act of 2012 (RA 10364) – this law strengthens the legal framework against human
trafficking by broadening the scope of offenses, enhancing protection for victims, and improving coordination among
government agencies and stakeholders.
Anti-Child Pornography Act of 2009 (RA 9775) – law which aims to prevent and punish the production, distribution, and
possession of child pornography, often associated with human trafficking.
These laws provide a comprehensive legal framework to combat human trafficking in the Philippines, covering
prevention, prosecution, protection, and rehabilitation of victims.
Q4: Does RA 7658 prevent young actors from working in the entertainment industry?
A4: Yes. Under RA 7658, young actors are prohibited from working in the entertainment industry if they are below the
specified age limit BUT there are some exceptions or specific provisions within RA 7658 or other related regulations that
allow certain young actors to work in the entertainment industry under specific circumstances, such as obtaining permits,
parental consent, or meeting certain criteria set by labor laws.

CYBER CRIME
Introduction
Understanding Cybercrime is crucial specially in an increasingly digital world we live in now a day. But, like
other many crimes, the commission of it if not totally eradicated could be prevented or mitigated for simply studying
this and to developing effective prevention and response strategies. One should know the following before
designing ways and strategies to prevent the problem: History of Cybercrime; types, frequency and amount of
cybercrime; role of law enforcement; organized crime itself; cyber terrorism and terrorist online; cyberwar;
domestic response; international response and conclusion of the study.
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COMPUTER CRIME (CYBER CRIME) -Any crime accomplished through special knowledge of computer technology.
- Refers to criminal activities carried out using computers or the internet.
- Any illegal act in which knowledge of computer technology is used to commit the offense. (L. E. Quaratiello)
- All illegal activities that are committed by or with the aid of computer or information technology or in which the
computers are the target of the criminal enterprise. (Martin L. Forst)
Borderless - is an evolving form of transnational crime. It can be committed in one country toward a victim in
another country because of internet connection. Offender can be very mobile, moving from one place to another.
- In borderless crime like cybercrime, extradition usually happens. It is where the offender may be transported from
the nation where they committed their acts to their country. This usually create an obstacle for pursuing criminals.
Easy to commit
Cybercrimes are very easy to commit because it does not require many resources. Having your computer, internet
connection and building communication with their possible victims makes the crime possible.
Resources Are Lacking
Investigation associated with cybercrime is extremely costly and the facts of allegation is not easy to establish. In as
much as the government would like to address the issue, we still encounter problems such as: inadequate resources;
and proper training of law enforcement agencies.
Offenders Are Transient
Computers and internet gadgets are located everywhere and can be easily moved from one place to another.
Criminals can easily hide their tracks and evidence of their crimes. They usually choose areas or nations where laws
against cybercrime are lax or are less likely to investigate such activities.
Laws and Policies Are Ineffective
An act may be illegal in one country but legal in another country, allowing criminals to move from one place to
another and remain unpunished for their acts. In case the offender was successfully located, there are still obstacles
for pursuing criminals to consider: extradition, exemptions, etc.
Damage Is Unclear or Unreported
Many offenders are very good at hiding their crimes, and victims may not know or may not be aware of the full
extent of the harm in a long period of time. Thus, many cybercrimes are not officially reported because victims are
not aware an offense has occurred. Some may be embarrassed and they usually kept it by themselves.
Cultural Norms Differ
Norms differ from one country to another. A norm to one place seems acceptable while in another country is taboo.
Example: posting a child taking a bath seems acceptable in one country, while in other country it’s not acceptable
and they usually considered as cybercrime. Situation like this makes it difficult for law enforcement, as confusion
arises over what rules apply and who has jurisdiction.
Turf Wars Are Common
Sometimes turf wars break out between law enforcement agencies as to what agencies has jurisdiction over
cybercrime investigation.
The history of cybercrime in the Philippines
1. Early years (1980s – 1990s): cybercrime in the Philippines traces back to the early days of the internet when
hacking and computer-based crimes began to emerge.
- Cybercrimes were relatively low in volume but laid the foundation for more sophisticated forms of
cybercrime.
2. Emerge of cyber fraud (2000s): As internet usage grew in the Philippines, so did cyber fraud such as:
phishing; scams; online scams; identity theft; etc.
3. Rise of cybersex trafficking (2000s-2010s): Philippines became known as a hotspot for cybersex trafficking,
where individuals, i9ncluding minors, were coerced or forced into performing sexual acts on webcam for
paying customers abroad.
4. Legislation and Law Enforcements (2010s): The Philippine government enacted laws such as the Cybercrime
Prevention Act of 2012 to address various forms of cybercrime. Law enforcement agencies established
jimf45-15
 specialized units against cybercriminals but they faced challenges due to the rapid evolution of technology
and the transnational nature of cybercrime.
5. Recent trends (2020s): In recent years, cybercrime in the Philippines has evolved to include more
sophisticated tactics such as ransomware attacks, business email compromise (BEC) scams, and
cryptocurrency-related crimes.
Overall, the history of cybercrime in the Philippines reflects the global trend of increasing digital
interconnectedness and the ongoing struggle to combat cyber threats effectively.

Various forms of Computer crime (Cybercrime):

1. Hacking – unauthorized access to computer systems or networks to steal fata, disrupt operations, or cause
damage.
2. Malware – creation and distribution of malicious software such as viruses, worms, Trojans, and ransomware
to compromise systems, steal information, or extort money.
3. Phishing – Deceptive tactics used to trick individuals into providing sensitive information such as passwords,
credit card numbers, or personal details.
4. Identity Theft - Unauthorized use of someone else’s personal information to commit fraud or other criminal
activities.
5. Online Scams – Fraudulent schemes conducted over the internet, such as investment scams, romance
scams, and lottery scams, to deceive victims into sending money or divulging personal information.
6. Cyberbullying – Harassment, intimidation, or defamation of individuals using online platforms or
communication channels.
7. Intellectual property theft – Unauthorized reproduction, distribution, or sale of copyrighted material such
as music, movies, software, or written content.
8. Cracking - is a higher form of hacking in which the unauthorized access culminates with the process of
defeating the security system for the purpose of acquiring money or information and/or availing of free
services
9. Malicious Sending of E-mails -the sending of malicious and defamatory electronic mails for the purpose of
extorting money, or threatening prospective victims
10. Internet Pornography – The trafficking, distribution, posting, and dissemination of obscene material
including children’s nude pictures, indecent exposure, and child sex slavery posted into the internet, live
streaming videos aired through the internet
11. Logic bomb - a set of instructions secretly inserted into a program that is designed to execute if a particular
program is satisfied. The bomb lies dormant until a particular date is reached or command entered
12. Distributed Denial of Service Attacks – DdoS attacks can be committed by employing multiple computers
controlled by a single master computer server to target a particular server by bombarding it with thousands
of packets of data in an attempt to overwhelm the server and cause it to crash
13. Website defacement – is the un authorized modification of a website
14. Acquiring Credit Card Information from a Website that offers E-Services
- When you shop online, the most convenient way to pay for the items you order is through your credit card.
When you pay thru your credit card, you need to disclose information such as your complete name, your
postal address, zip code, state, phone number, credit card account number, its expiration date and its
security code/pin. Upon entering the above-mentioned information, it will be verified “real-time” by the
site merchant. It usually takes a minute to verify whether the credit card is valid or invalid. If valid, the
information you entered will be stored in the website’s data base server. Hackers look for the file containing
the credit card information of all the customers who bought from a certain e-commerce site. Upon
acquisition thereof, it will be decrypted to make it readable and all the information of the transactions will
be made available.
Internet Shopping Using Fraudulently Acquired Credit Card
Hackers, upon acquiring the desired credit card information now conducts “window shopping”, hopping from one
shop site to another, looking for cellphones, gadgets, apparels, computer peripherals, soft wares etc. When he finds
what he wants to buy, he then add/s his desired item/s to the shopping cart and check outs. He will then supply the
Credit Card information of the fraudulently acquired credit card such as the Complete name of the card holder,
jimf45-16
address, zip code, state, email address, credit card number and expiration date. Other pertinent information such
as shipping address of the items ordered will have to be supplied too.

TECHNICALTERMS
ISP – stands for Internet Service Provider. It provides internet service to internet users.
IP Address – series of numbers assigned by an Internet Service Provider to an internet user when it connects to
the Internet
Dynamic IP Address – a type of IP Address that changes every time the internet user accesses his Internet Service
Provider. It is usually assigned to dial – up or base speed broad band service subscribers (eg. ISP Bonanza, Surf
maxx, PLDT my DSL 128 kbps service, etc.)
Static IP Address – a type of IP Address that is constant regardless of the time or number of attempts the internet
user accesses the internet. It is usually assigned to High – Speed Internet Users or Corporate Accounts (eg. ADSL
(Asymetric Digital Subscriber Line) connections, E1 Internet Connections, OC3 Internet Connections, T1 Internet
Connections, Leased Line Internet Connections)
Website – a portfolio of a person/organization/entity/company which is posted on the Internet for accessibility
worldwide.
The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the investigation of all crimes committed via the internet.
The identification of the IP Address leads to the identity of the Internet Service Provider (ISP) used to access the
internet and eventually the subscriber of the account where the internet activity was performed.
The IP Address as given by the ISP depends on the type of internet account a subscriber
maintains, whether it is a DYNAMICIP or STATIC IP.
If Static: Subscriber information (name, billing address, installation address, type of internet account, usage and
costs etc.) if applicable
If Dynamic
log reports indicating telephone number used to make “dial-up” access

VERY IMPORTANT:
The address of the subscriber as given by the ISP or Phone Company should be. Analyzed to determine
whether it is a Billing Address or an Installation Address.
For purposes of a search warrant application, the Installation Address is the more important matter to
consider. The purpose of a Search Warrant application/implementation in a cybercrime investigation, as with any
other offense is to confiscate and seize the instruments/ implements, tools used in the commission of the offense.
Since the crime was committed with the aid of a computer, the same and its peripherals are the instruments used
in its commission.

TOP TEN SECURITY TIPS FOR COMPUTER USERS

1. Never send an e-mail that you wouldn't let your spouse or boss to read.
2. Turn off your computer when you are not using it. It is the only sure way to keep the hackers out.
3. Use a pass word to log onto your computer. Most operating system let you set a password and to change it
regularly.
4. Don’t accept cookies. If you have to, delete them when you are finished surfing.
5. Use the latest versions and software patches for your e-mail and your browser. New security loop holes are
constantly being discovered.
6. Keep your anti-virus up to date. Hackers never rest. Every email attachment can contain a virus, so scan it
before you open it.
7. Watch your lap top at the airport. Be especially careful at X-ray security machines, which is where most lap top
theft occur.
8. Don’t use the same password over and over. Make new variations.
9. Use a paper shredder. Don’t just throw out unsolicited credit card application. Shred them.
10. Never give out your social security number, online or off. This information in a wrong hand is license to steal.
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Cybercrime be prevented by:
1. Legislation - it establishes legal frameworks, defining offenses, and prescribing penalties for offenders. It
can help prevent by:
a. Legal deterrence: laws act as deterrent by making potential offender aware of the legal
consequences of their actions. Knowing that certain activities are illegal can discourage individuals
and groups from engaging in cybercriminal behavior.
b. Defining offenses: It provides clear definitions of cybercrimes, helping law enforcement agencies
and prosecutors identify and prosecute offenders effectively.
c. Empowering law: it empowers law enforcement agencies with the authority to investigate,
apprehend, and prosecute cybercriminals.
d. International cooperation: legislation can facilitate international cooperation and extradition
agreements to pursue cybercriminals across borders. Cybercrimes often have a transnational
nature, and collaboration between countries is essential for apprehending offenders who operate
across jurisdictions.
e. Promoting cybersecurity measures: Some laws include provisions that require business and
organizations to implement cybersecurity measures to protect sensitive information and systems.
f. Raising awareness: Legislation can contribute to raising public awareness about cybersecurity risks
and best practices. Public education campaigns and outreach efforts can help individuals and
businesses understand the importance of cybersecurity and how they can protect themselves from
cybercrimes.
While legislation is a critical component of cybersecurity efforts, it is not sufficient on its own. Effective
prevention requires a multi-faceted approach that also includes technological solutions, industry collaboration,
public-private partnerships, and ongoing efforts to adapt to emerging threats in the ever-changing landscape of
cyberspace.
2. Enforcement efforts – essential I combating this problem effectively. Here’s how law enforcement agencies
can work to enforce cybercrime laws:
a. Specialized Units – establishing specialized units within law enforcement agencies equipped with the
necessary skills, tools, and resources to investigate and prosecute cybercriminals.
b. Capacity building – Providing training and professional development opportunities for law enforcement
personnel to enhance their knowledge and skills in cybercrime investigation techniques, digital
forensics, and cybersecurity best practices.
c. Partnership – collaborating with other government agencies, international law enforcement
organizations, private sector entities, and academia to share information, intelligence, and resources for
combating cybercrime.
d. Digital Forensics – developing capabilities for collecting, preserving, and analyzing digital evidence
obtained from computers, mobile devices, and online platforms.
e. Investigation techniques – utilizing advanced investigation techniques, including undercover
operations, surveillance, and monitoring of online forums and dark web marketplace where
cybercriminals operate.
f. Legislative support – advocating for the enactment of comprehensive cybercrime laws that provide law
enforcement agencies with the necessary legal tools and authorities to investigate and prosecute
cybercriminals effectively.
g. Public awareness – educating the public about cybercrime risks, prevention measures, and reporting
mechanisms to encourage individuals and businesses to take proactive steps to protect themselves from
cyber threats.
3. Cybersecurity measures – effective cybersecurity measures are essential for protecting against cyber
threats. Here are some key measures to take:
a. Strong password – use complex, unique passwords for accounts and change them regularly.
b. Multi-factor Authentication (MFA) – enable MFA wherever possible to add an extra layer of security
beyond passwords. This typically involves combining something you know (password) with something
you have (example: a code sent to your phone).
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 c. Update software – keep operating systems, applications, and security up to date with the latest patches
and updates to address known vulnerabilities.
d. Firewalls and antivirus software – install and regularly update firewalls and antivirus software to detect
and block malicious activity on device and networks.
e. Data Encryption – encrypt sensitive data both in transit and at rest to protect it from unauthorized
access. This includes using encryption protocols for internet communication (example. HTTPS) and
encrypting stored data on devices and servers.
f. Access Controls – Implement access controls and least privilege principles to limit access to sensitive
information and systems only to authorized users. Regularly review and update user access permissions.
g. Regular backups – perform regular backups of critical data and systems to ensure data can be restored
in the event of a cyber incident such as ransomware or data loss.
h. Employee Training – provide cybersecurity awareness training to employee to educate them about
common cyber threats, phishing, scams, and best practices for securely handling data and using
company resources.
i. Incident response plan – develop and regularly test an incident response plan to efficiently respond to
and mitigate cyber incidents. This plan should outline roles and responsibilities, communication
procedures, and steps for containing and recovering from cyber-attacks.
j. Vendor Risk management – assess and manage the cybersecurity risks posed by third-party vendors
and partners who have access to your systems or data.
k. Regular security audits and assessments – conduct regular security audits and risk assessment to
identify vulnerabilities and weaknesses in systems, networks, and processes.
l. Continuous monitoring – implement continuous monitoring tools and process to detect and respond
to security threats in real-time
4. Public awareness campaign – can effectively educate and empower individuals and organizations to protect
themselves against cyber threats and contribute to a safer and more secure online environment.
Note:
Efforts to address cybercrime require collaboration among government agencies, law enforcement, industry,
stakeholders, and international partners to adapt to evolving challenges and protect individuals and organizations
from online threats.
Harmful Computer Virus
1. Virus - computer program that can copy itself and infect a computer without permission or knowledge of the user
2. Worm - spread itself to other computers without needing to be transferred as part of a host
3. Trojan Horse - a file that appears harmless until executed. Trojan horses do not insert their code into other
computer files

CYBER CRIME IN THE PHILIPPINES

The LOVE BUG - also known as the ILOVEYOU virus, was a notorious computer virus that spread through email
attachments in May 2000. It originated and quickly proliferated worldwide, infecting millions of computers within
days. The virus was disguised as a love letter email with the subject line “ILOVEYOU” and an attachment named
“LOVE-LETTER-FOR-YOU.txt.vbs.” When opened, the attachment would execute malicious code that overwrote files
and sent copies of itself to all contacts in the victim’s address book.
The suspect was identified as Onel de Guzman, a Filipino computer programmer. However, due to legal
limitations in the Philippines at the time, authorities were unable to prosecute him because there were no laws
against writing malware in the country. As a result, de Guzman was never officially charged or convicted for his role
in creating and spreading the Love Bug Virus.
As such, the need for countries to legislate Cyber laws relating to Cybercrime arises on an urgent priority
basis. Due to the incident, the Philippines have seen the necessity for the passage of a law to penalize cybercrimes.

Electronic Commerce Act (RA 8792) of 2000 – An act providing for the recognition and use of electronic commercial
and non-commercial transactions and documents, penalties for unlawful use thereof and for other purposes.
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