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Critical Criminological Perspectives

Series Editors
Reece Walters
Faculty of Law
Queensland University of Technology
Brisbane, Queensland, Australia

Deborah Drake
Social Policy & Criminology Department
The Open University
Milton Keynes, United Kingdom
The Palgrave Critical Criminological Perspectives book series aims to
showcase the importance of critical criminological thinking when exam-
ining problems of crime, social harm and criminal and social justice.
Critical perspectives have been instrumental in creating new research
agendas and areas of criminological interest. By challenging state defined
concepts of crime and rejecting positive analyses of criminality, critical
criminological approaches continually push the boundaries and scope of
criminology, creating new areas of focus and developing new ways of
thinking about, and responding to, issues of social concern at local,
national and global levels. Recent years have witnessed a flourishing of
critical criminological narratives and this series seeks to capture the
original and innovative ways that these discourses are engaging with
contemporary issues of crime and justice.

More information about this series at

http://www.springer.com/series/14932
 Anna Sergi

From Mafia
to Organised Crime
A Comparative Analysis of Policing Models
Anna Sergi
Department of Sociology
University of Essex
Colchester, United Kingdom

Critical Criminological Perspectives

ISBN 978-3-319-53567-8 ISBN 978-3-319-53568-5 (eBook)
DOI 10.1007/978-3-319-53568-5
Library of Congress Control Number: 2017937376

© The Editor(s) (if applicable) and The Author(s) 2017

This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether
the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of
illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and
transmission or information storage and retrieval, electronic adaptation, computer software, or by
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The use of general descriptive names, registered names, trademarks, service marks, etc. in this publica-
tion does not imply, even in the absence of a specific statement, that such names are exempt from the
relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this
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authors or the editors give a warranty, express or implied, with respect to the material contained herein
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Cover illustration: Anna Sergi

Printed on acid-free paper

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 Acknowledgements

This book is probably my entire mind of researcher translated into

words. It is the results of different projects that have engaged me for
almost 6 years, since January 2011 when I started my PhD in Sociology
at the University of Essex and including the work I have carried out after
the completion of my PhD. It is very difficult to understand and
pinpoint how images, concepts, ideas, considerations, theories, models
and notions emerge and change in one’s mind, especially when it comes
to such complex and rich fields of enquiry. Certainly, thanks to all the
people I have talked to, from formal interviews to conversations I had on
train carriages with colleagues; thanks to observations of my own birth-
place, Calabria, and its idiosyncrasies; and thanks to my work environ-
ment, it has been possible to at least believe I had something to say and
to write in this context. I wish, therefore, to thank all those who
contributed, one way or the other, formally or informally, knowingly
or unknowingly, to this book; I certainly cannot contain them all in a
page. I take full responsibility of the mistakes I might have made and of
all its content.
For their contribution to the development of ideas, concepts and
research frameworks: at the University of Essex, thanks to Dick
Hobbs, Pete Fussey, Nigel South, Darren Thiel, Anna Di Ronco and
all the Administration Staff; at New York University, School of Law,
NYC, James B. Jacobs, Ronald Goldstock and John Gleeson; at the
v
vi Acknowledgements

Australian Institute of Criminology, Canberra, Russell G. Smith; at

Flinders University, Adelaide, Andrew Goldsmith and Marinella
Marmo; at the University of Melbourne, Leslie Holmes and Fiona
Haines; also in Australia, Stephen Bennetts, Adam Masters, Roderic
Broadhurst, Michael Madigan, David Bright, David Connery, Nick
McKenzie and Connie Agius; and in Italy, Maurizio Catino, Michele
Caianiello, Franco La Torre and Carlo Macrì. Thanks also to Anita
Lavorgna, John Dickie and Tristram Riley-Smith.
Thanks to Georgios Antonopolous for reviewing a first draft of the
book and for his support. Thanks also to Julie Ayling, Russell G. Smith,
Jay Albanese, Nigel South and Rocco Sciarrone for agreeing to review
parts of the book while I was writing.
Thanks to my interviewees; some opted to remain anonymous, I am
very thankful to them too: in Italy, Antimafia prosecutors Michele
Prestipino, Salvatore Boemi, Vincenzo Macrì, Roberto Di Palma,
Giovanni Bombardieri, Nicola Gratteri, Antonio Patrono, Anna
Canepa Alessandra Cerreti; also in Italy, Enzo Ciconte, Fabio Licata,
Giuseppe Lumia, Francesco Forgione, Bruno Giordano, Francesco Neri;
in the United Kingdom, Claudio Petrozziello, Steve Welsh, William
(Bill) Hughes, Richard Riley, Ken Macdonald, Allan Gibson, Craig
Turner, Roger Aldridge, Jonathan Fisher; in the United States,
Michael Gaeta, Polly Greenberg, Ronald Goldstock, John Gleeson,
Nancy Hoppock; and in Australia, Sandra Booth, Matt Warren, Clive
Small, Andrew Rogers, Calma Grace, Nick Sellars, Gregory Hough.
Thanks also to David Ellero and Luca Brioschi at Europol.
Thanks to Petr Kupka and Falko A. Ernst for the endless conversations
on the couch, or the train, or the bus or the phone about deconstructions
and reconstructions of organised crime, mafia and informal relationships.
Thanks to my father, Pantaleone Sergi, my mother, Teresa Papalia,
and my sister and her husband, Elida Sergi and Cleto Romantini, for
their patience, support and inspiration.
Thanks to my Calabria, for reminding me always that “We shall not cease
from exploration, and the end of all our exploring will be to arrive where we
started and know the place for the first time” (T. S. Eliot, Four Quartets).
 About this book

This book presents primary research conducted in Italy, US, Australia

and UK on countering strategies against Italian mafia and local orga-
nised crime groups. Through interviews and document interpretation,
the book wishes first, to interpret the interaction between institutional
perceptions of these criminal threats and historical events that have
shaped these institutional perceptions. Second, the book combines
analysis of policies and criminal law provisions to identify policing
models against mafia and organised crime that are constructed in each
country within a comparative perspective.
After presenting the policing models against mafia and organised
crime in Italy, US, Australia and UK separately, the author pushes the
comparison further by identifying both conceptual and procedural con-
vergences and divergences across the four models and within interna-
tional frameworks. By looking at topics as varied as mafia mobility,
money laundering, drug networks and gang violence, this book wishes,
ultimately, to reconsider the conceptualisations of both mafia and orga-
nised crime under a socio-behavioural and cultural perspective.

vii
 Contents

1 Introduction: The aims of this comparative research 1

2 Mafia and Organised Crime: The Spectrum

and the Models 21

3 Case Study 1: Italy and the Structure Model 61

4 Case Study 2: United States of America and the

Enterprise Model 101

5 Case Study 3: Australia and the Visibility Model 141

6 Case Study 4: United Kingdom and the Activity Model 177

7 Convergences and Divergences Across the Four Models 215

8 National Models and International Frameworks 265

9 Conclusion: A Socio-behavioural Approach in Policing

the Mafia–Organised Crime Spectrum 289

Index 309

ix
 List of Figures

Fig. 2.1 The organised crime–mafia spectrum: a summary 46

Fig. 2.2 Country-based case studies and policing models 49
Fig. 3.1 The Italian structure model 92
Fig. 4.1 The US Enterprise Model 132
Fig. 5.1 The Australian visibility model 168
Fig. 6.1 The UK activity model 202
Fig. 7.1 Four-model of conceptual convergences and divergences 216
Fig. 7.2 Four-model of procedural convergences and divergences 223

xi
 1
Introduction: The aims
of this comparative research

Background of the Project

This is a book about intentions. More specifically, it is about intentions
in policing systems against mafias and organised crime. The idea of
policing at the basis of this work is very broad and includes all mechan-
isms and procedures for control and order maintenance in response to
offending activities and harms associated to a certain threat. From
policy-making to repressive legislation, from prosecution regulations to
prevention strategies, policing is a complex governmental activity that
requires clear intentions at the policy level to be functioning in the law
and in the implementations of those laws. Intentions, in this book are
political, institutional, national and international ones; they originate
from the settling of discourses; some of them are flexible and changing,
others are static and long lasting. In terms of object of analysis, institu-
tional and political intentions in this book relate to policies against
mafias as forms of organised crime in four countries where I have
conducted research. In chronological order I have conducted research
in Italy (my birthplace), the UK (my place of study), the US and
Australia (during two visiting scholarships).

© The Author(s) 2017 1

A. Sergi, From Mafia to Organised Crime, Critical Criminological
Perspectives, DOI 10.1007/978-3-319-53568-5_1
2 1 Introduction: The aims of this comparative research

I have a legally trained mind that works through social research

methods of enquiry. This book is, therefore, a socio-legal project in
the sense that it presents both social and legal research, but – while
certainly adopting research methods for both – it does clearly lean more
towards social enquiry. Considering policies, intentions in policies and
legal responses lead to analyses of discourses, which are deeply embedded
in social practices and historical evolution (Melossi, 2001). The main
reason for the double nature (legal and social) of this project – and
probably its main achievement – is the attention to the difference
between the “law in books”, what policies and laws say, and the “law
in action”, how are policies and laws used in practice. In line with some
studies of comparative criminal justice (Pakes, 2013; Nelken, 2011), this
book wishes to be an empirical study of policing responses to mafia and
organised crime in Italy, the US, Australia and the UK.
This book is the result of five different research projects. The first and
certainly the most relevant is my PhD research project, conducted
between 2011 and 2014 at the University of Essex and titled “The
Socio-legal Identity of Organised Crime Policing in Italy and the
United Kingdom”. In my PhD thesis and in the publications that
followed, I have formulated two of the policing models in this book:
the Italian Structure Model and the English Activity Model. The second
project relevant for this study was conducted in 2013 during a visiting
period at the New York University School of Law, when the majority of
the interviews for the US model have been carried out. The third project
corresponds to a period spent within the National Crime Agency in
London in the first half of 2014 within the Global Uncertainties
Program of the UK Research Councils. The fourth project was con-
ducted during and after my first trip to Australia in Autumn 2015, for a
consultation period at the Australian Institute of Criminology in
Canberra and a visiting fellowship at Flinders University Law School
in Adelaide. These four projects have all resulted in journal publications
at the basis of this book. The final project relevant for this book
corresponds to my first book, titled ‘Ndrangheta. The Glocal
Dimensions of the Most Powerful Italian Mafia, written with Dr Anita
Lavorgna and published by Palgrave Macmillan Pivot Series in August
2016. In this occasion more interviews have been carried out in Italy,
 Background of the Project 3

also with foreign authorities (e.g. at the US Embassy) and in European

institutions together with an extended collection of juridical data. More
details on data collection and analysis are provided later in this chapter.
The research questions at the basis of this book project are very
composite and can be summarised as follows:

1. What are the historical events that have been shaping the concepts of
mafias and organised crime at national level in Italy, the US, Australia
and the UK?
2. How are the concepts of mafias and organised crime conceptualised
across the four legal systems and among the institutions of the four
countries? What kind of differences are there in the way both concepts
are constructed in criminal law and criminal procedure?
3. What policing models do the four countries implement in the fight
against mafia and organised crime on the basis of their own concep-
tualisations of the phenomena?
4. How do policing models implemented in the four countries relate to
each other? What are the convergences and divergences among them?
5. How do the four policing models relate to, or are influenced by,
international instruments against, and conceptualisations of, mafia
and organised crime?

This book, therefore, is a contribution to studies on mafias and orga-

nised crime from a theoretical standpoint as much as it is a study on
policing and a comparative research in criminal justice. When unpack-
ing the research questions, other issues have emerged and have deter-
mined the boundaries of the research and therefore its results. This book
looks at criminal law profiles in all four countries and needs, for
example, to take into consideration that three out of four countries
analysed come from common law traditions while one, Italy, comes
from a civil law legacy. In practice, this has confirmed the choice of
placing Italy as the starting point for comparison against the other three
countries and essentially has fixed the initial focus on Italian mafias and
their movements. The mafia–organised crime spectrum developed in
this book does indeed depart from Italian gradations of the concept of
mafias, but its final objective is actually to detach the umbilical tie
4 1 Introduction: The aims of this comparative research

between Italy and mafias and move towards more nuanced and con-
temporary conceptualisations of the mafia phenomenon in comparative
perspectives.

Notes on Research Methods

In qualitative research, decisions cannot be made a priori as the nature of
this type of research is “characteristically exploratory, fluid and flexible,
data-driven and context-sensitive” (Mason, 2002: 24). This is especially
true in comparative research where contexts are different from the
beginning and their difference is the object of enquiry. The research
questions at the basis of this project require an understanding of key
issues preceding the analysis of policing strategies and the evolution of
approaches against phenomena of mafias and organised crime in the four
countries. These key issues relate mostly to the conceptualisation of the
phenomena of mafias and organised crime, which, at the same time,
require a more strategic and deeper analysis of the phenomena them-
selves. In order to acquire this type of understanding, a greater ability to
capture the reality of the field of investigation has to be combined with a
greater intellectual effort to expand the area of investigation (Marvasti,
2004). The continuous intertwining between formal and informal inter-
views together with collection of new documents more or less directly
linked to the field of enquiry is certainly one of the strength of this
research but also makes it difficult to narrate the research design
coherently.
This book is made of building blocks, which follow, enrich and
modify each other continuously. Indeed, it is the product of different
research endeavours that did not happen at the same time. This, how-
ever, is not a limitation of the study but rather its strength. In fact, the
research for the PhD project (the comparison between Italy and the UK)
has been conducted at the same time and over a longer period of time
compared to the others; it has also served as starting point to conduct
research in the US and in Australia in a quicker and more focused way
later on. In practice this also means that it has been almost impossible to
 Notes on Research Methods 5

consider data collection separate from data analysis as they both were
happening at the same time albeit for different contexts.
In essence, this research has been mainly based on textual data from
official sources as enriched and guided by both formal and informal
interviews and vice versa. As for the purposes of qualitative research
(Blaikie, 2000; Bachman and Shutt, 2011), interviews have allowed to
further explore the practicalities of laws, procedures and concepts in the
documents, while the documents have added validity to the data col-
lected through the interviews. Obviously observations, extra readings
and informal conversations have also played a part to develop my own
thinking and my own perceptions on the topic.
As it often happens in qualitative interviewing, the sampling process
of this project has been guided both by the need to target certain sources
to answer the research questions and by the need to produce a relevant
range of situations, which could enable me to formulate and sustain my
arguments (Mason, 2002). More specifically, my sample for the inter-
views aimed at being:

1. Purposive/Selective: the sample frame, especially at the beginning of

the data collection, was indeed chosen to serve the purposes of the
research questions, as first hypotheses of the research and of the
theoretical framework.
2. Strategic/Theoretical: the sample frame aimed at being meaningful
both empirically and theoretically. The initial sample has been
reviewed and enlarged or re-directed to develop and test theories
and arguments emerging for the research.
3. Representative: the sample frame has not been random, but it has
been identified with specific criteria in mind.

The interviews considered for this study are many and have been carried
out in different moments. A breakdown of data collection through
interviews in all four countries, therefore is best summarised by looking
at the institutions that I have approached, both by engaging with their
official documents and through interviews with people holding key
functions in those institutions. In some cases I have conducted meetings
with more than one person at the same time. Obviously, legislations,
6 1 Introduction: The aims of this comparative research

both in criminal law and criminal procedure and other indirectly rele-
vant norms (i.e. money laundering regulation or confiscation proce-
dures) have been consulted in all countries prior to the interviews.

1. Italy (interviews and meetings between 2012 and 2013 and in 2015
in Reggio Calabria, Rome and Milan)

a. Direzione Nazionale Anti-mafia [National Anti-mafia Prosecution

Directorate]
b. Direzione Distrettuale Anti-mafia [District Anti-mafia Prosecution
Directorate]
c. Direzione Investigativa Anti-mafia [Anti-mafia Investigation
Directorate]
d. Commissione Parlamentare Anti-mafia [Parliamentary Anti-mafia
Commission]
e. Polizia di Stato [State Police]
f. Guardia di Finance [Fiscal Police]
g. Bank of Italy
h. Italian experts at Europol – The Hague
i. Judiciary
j. Academia

2. The UK – England and Wales – (interviews and meetings in London

and Liverpool in 2012–2013 and 2014)

a. Crown Prosecution Service, Organised Crime Division

b. Metropolitan Police, London
c. Merseyside Police, Liverpool
d. Durham Constabulary
e. Serious Organised Crime Agency (SOCA) prior to 2013
f. National Crime Agency (NCA) since 2013
g. Home Office, Organised Crime Strategy Team
h. Lawyers
i. Academia
 Notes on Research Methods 7

3. The US – federal jurisdiction – (interviews and meetings in 2013 and

2015 in New York City and Rome)

a. Attorney General’s State-Wide Organised Crime Task Force (New

York)
b. New York Police Department Organised Crime Control Bureau
c. The New York County District Attorney’s Office, Manhattan,
Major Economic Crimes Bureau
d. The New York County District Attorney’s Office, Manhattan,
Rackets Bureau
e. Federal Bureau of Investigation (including representatives at the
US Embassy in Rome)
f. Lawyers
g. Academia

4. Australia – federal and state jurisdictions – (interviews and meetings

in 2014 and 2015 online and in Canberra, Melbourne, Sydney and
Adelaide)

a. Australian Federal Police (Including representatives at Australian

Embassy in London)
b. Australian Crime Commission (now Australian Criminal
Intelligence Commission)
c. Victoria Police
d. New South Wales Police
e. South Australia Police
f. Australian Commission for Law Enforcement Integrity (ACLEI)
g. Commonwealth Director of Public Prosecution
h. Academia

Conversing with experts and privileged observers within institutions,

sometimes in multilateral conversations (e.g. a roundtable discussion at
the Australian Federal Police in Melbourne with online participation
from offices in Brisbane, Canberra and Sydney) “can serve to shorten
8 1 Introduction: The aims of this comparative research

time-consuming data gathering processes, particularly if the experts are

seen as ‘crystallisation points’ for practical insider knowledge” (Bogner
et al., 2009: 2). Considering the diversity of the contexts and the need to
be specific in all of them while also being able to build a comparative
work, all conversations, formal and informal, were basically “conversa-
tions with a purpose” (Burgess, 1984: 102). Moreover, because of the
nature of the topic, the different judicial contexts and the different
expertise of participants, the structure of these conversations has been
quite loose. It needs to be reminded again that the relevance of con-
versations and interviews is tied to the collection of documents, as
primary data to start the thematic and discourse analyses. Naturally, a
good proportion of the documents found through legal engines
(“National Archives”, Altalex.com, Lawpages.com, Westlaw.co.uk/.com,
LexisNexis, etc.) are official or semi-official sources containing “traces” of
the investigated phenomena and relevant events (Sofaer, 1999: 1109).
Therefore, studies, reports, bulletins, records from the same institutions
approached for interviews and meetings ensure consistency of sources.
Judicial documents, among which sentences and trial documents, were
also sought through law databases and archives. Moreover, confidential
investigation and prosecution files have been at times made available for
consultation in Italy and in Australia specifically, which did enrich data
collection in these countries.
The variety of research sources and the timeframe of this book project
make the book an original contribution to policing and comparative
studies control strategies against mafias and organised crime. The initial
approach to the data has been a constructive questioning – such as the one
suggested by Charmaz (2006: 47) – by asking “What do the data suggest?
Pronounce? Assume?” and “From whose point of view?” Thematic ana-
lysis, broadly intended as the “method to identifying, analysing and
reporting patterns (themes) within data” (Braun and Clarke, 2006: 79)
satisfied the preliminary needs of this research. Through the identification
of themes (diverging or converging), I have certainly improved on the
level of reflexivity that comparative criminal justice studies aim at
(Nelken, 2000a). It is evident that a good analysis should consider both
interpretive readings of data – which correspond in this case to the
thematic analysis – and literal ones (Mason, 2002). A second level of
 Comparative Research in Criminology, Criminal Justice . . . 9

the analysis, which led to the writing process of this book, has, therefore,
gone further in literal and discourse analysis, through which intentions
and/or political agendas within documents or oral narratives were revealed
(Webley, 2010; May, 2001). Indeed, the analysis of discourse used in
institutional settings to present a crime issue is crucial to gain a better
understanding of its social construction (Carrapico, 2014; Stritzel, 2012).
At the very core of each strategic choice for the analysis across four
countries has been the focus on comparative criminal justice both as a
research method and as a guideline for the investigation overall.

Comparative Research in Criminology, Criminal

Justice and Criminal Law
Comparative research in criminal justice and criminology seeks primar-
ily to understand the differences and the reasons for legal choices in
national systems (Pakes, 2014; Nelken, 2011). Studies in comparative
criminal justice are essentially aimed at intertwining crime, justice and
culture (Nelken, 1994) and attempt to overcome stereotypes and
improve reflection on a given aspect of the criminal justice process
(Nelken, 2000a). This book, as said, aims – first and foremost – at
exploring similarities and differences in the systems of Italy, the US,
Australia and the UK for what concerns their policing strategy against
“mafia” and “organised crime”. However, instead of just looking at
policing strategies – with a particular focus on criminal law – this
study digs very deep in the way these labels are defined at the institu-
tional level, to fully problematise the phenomena and link them directly
to the objectives of this study.
At a first stage, a comparative study actively identifies significant
absences or presences of laws and/or procedures in the compared
systems, describing and framing foreign systems and how similar or
different they look (Nelken, 2000b). In this work the four case studies
(Italy, the US, Australia and the UK) represent this first level of
analysis by providing the deconstruction and reconstruction of each
country’s policing model. A second stage of comparative research
10 1 Introduction: The aims of this comparative research

requires a deeper reflection on the emergence of new social meanings

(Hodgson, 2000), mirroring techniques (Rogowski, 1996) and dialec-
tic analysis (Puchalska-Tych and Salter, 1996) beyond initial descrip-
tions and frames. This study goes to a second stage of comparison in
Chapters 7 and 8 where absences or presences in the law are used to
comment upon institutional perceptions, intentions and outcomes at
the social level. Chapter 7 discusses convergences and divergences
among the policing models through the use of semiotic squares.1 In
this work, as I have also argued elsewhere (Sergi, 2015), the semiotic
squares have been used to overcome a binary logic of convergent-
divergent policies. They show the nuances of comparison without,
however, losing frames for meanings.
If the value of comparative research in legal cultures is found in the
possibility to go beyond superficial descriptions of criminal laws and
procedures (Pakes, 2010) it follows that mere descriptions of the
systems would not suffice, but instead the researcher should place
herself almost as a “participant observer” on all systems object of the
comparison, which does include a socio-cultural sensitivity to the
context observed (Hodgson, 2000). The researcher has to be prepared
to infiltrate the (legal) culture of different countries, as an anthropol-
ogist or a sociologist would do. This specific work, and my position
while researching, has been very much inspired by these considera-
tions. The attempt to permeate another culture “at the very least to
understand its institutional structures, laws and procedures”
(Hodgson, 2000: 140) means engaging with “its languages, customs,
ideologies, legal cultures and practices” (Hodgson, 2000: 141). In this
anthropological process, the researcher is necessarily influenced by her
own bias and, in my case, by my own training and knowledge, which
eventually shapes the focus; in this research – as we will see later on in
this chapter – this has meant choosing Italy and Italian mafias as
starting and core point of the comparison.

1
The semiotic square was introduced by Algirdas Greimas to better analyse paired concepts. At
the basis of the semiotic square is a visualisation of characteristics of a text, in terms of semantic
convergences and divergences. See Greimas A. (1987) On Meaning: Selected Writings in Semiotic
Theory (trans. Perron PJ and Collins FH). London: Frances Pinter.
 Mafias and Organised Crime: Prejudices and Complexity . . . 11

The ultimate value of comparative studies lies mostly in preventing

ethnocentrism and cultural relativism (Nelken, 2009). Ethnocentrism,
which is tightly linked to concepts such as nationality or culture, “refers
to sentiments that regard domestic arrangements as necessarily normal and
right, and other cultures or customs as weird or wrong” (Pakes, 2004: 3).
Most of this book is concerned with a field – that of mafias and organised
crime policing – that more than once has lent itself to ethnocentric
sentiments informing policies and strategies. Overcoming ethnocentrism
and cultural relativism is of paramount importance when wishing, as I do,
to advocate for international cooperation unburdened by superficiality and
approximation and really embracing the complexity of political and insti-
tutional positions instead. In this consideration lies the ultimate relevance
of this project.

Mafias and Organised Crime: Prejudices and

Complexity of Comparing Socio-cultural Crimes
As said, this book is about intentions in policies and policing models
against mafias and organised crime. This means that, in this book, both
mafias and organised crime will be treated as a label, which guides
policing approaches and legislation choices, but essentially does not
need a specific definition. It is precisely the constantly shifting identity
of organised crime (as opposed to mafia in an Italian context) in its
institutional classifications that first inspired this project. It is because of
the vagueness of the threat of organised crime that legislations and
policing strategies to fight it constitute an interesting object of study.
When national law, especially criminal law, attempts to portray the
reality of mafias and/or organised crime – the real nature of their
offending – with the purpose to contain/fight/disrupt them (i.e. policing
them) it has to deal with the challenges of multi-dimension and multi-
faceted labels, stereotypes and evolving perceptions of threats, which are
constructed as global, local and glocal (Hobbs, 1998).
On the one side, this book explores the relation between the
evolving perceptions of the concept of organised crime and the way
12 1 Introduction: The aims of this comparative research

these perceptions can be or have been translated into legislative frame-

works of substantial criminal law. On the other side, it also looks at the
problems, the gaps and the challenges of this translation process. As
said, the core of this book is the exploration of institutional perceptions
and frameworks in a comparative perspective, without, however, limit-
ing the comparison to legal aspects. In fact, in order to unpack inten-
tions and strategies and describe the policing models in their unfolding
in the four country of choice, there is the need to look at the phenom-
ena these models target. Historical, sociological and criminological
perspectives on the labels that each country places on (Italian) mafia
or organised crime are presented as well. In this sense, even though this
is not a book about Italian mafias or organised crime groups in Italy,
the US, Australia and the UK, it must nevertheless provide a socio-
historical exploration of what these look like in order to discuss their
control mechanisms. It is therefore not only justified, but also necessary
to pre-judge, to a certain extent, the objects of enquiry, as they become
the objects of comparison. Pre-judging, in its literal sense, means to
hold assumptions prior to an empirical evaluation.
In this book, there are two main pre-judgements that I need to recognise;
they both relate to the focus on Italian mafias. The first pre-judgement
relates to the construction of mafias in strict correlation with the construc-
tion of organised crime. Notwithstanding the many and varied degrees of
analysis that this book undertakes in relation to the words and the worlds of
mafias, mafias are certainly pre-judged as dangerous groups for societies. This
is not solely because affiliates commit crimes, but also, and especially, because
they embody a system built on unruly accumulation of money or power,
which can supersede values of life and fairness, public health or order or
safety, unconcerned with progress, irrespective of transparency and equal
opportunities. Mafias also represent the protection and preservation of the
past – they are conservative forces averse to progress, attached to potentially
lethal ideas of honour and masculinity and concerned with material gains
over anything else. Moreover, the essence of the concept of mafia is in the
interdependence of the phenomenon with the local environment, which is
why its socio-cultural element cannot be dismissed. This is also why mafias
are usually equalled to ethnic-based forms of organised crime, a notion this
book tries to unpack and challenge.
 Mafias and Organised Crime: Prejudices and Complexity . . . 13

The second pre-judgement relates to mafias as worse than “other”

organised crime groups, if not superior as in “more complex”. This pre-
judgement is partially rooted, as we will see later on in the book, in the
Italian legal classifications of the two phenomena (mafia groups and
“simple” criminal associations) as separate and distinct, for the purposes
of criminal law. This means that while not all organised crime groups
can qualify as mafia groups, all mafia groups are also organised crime
groups. Whatever “other” organised crime groups do not share with
mafias eventually makes them “simpler”. This pre-judgement is also
based on the consideration that mafias seem more difficult to extirpate
because they feed on socio-political influences and relationships and
therefore are more than “just criminal” organisations. These relation-
ships are built on social informal practices that feed onto cultural values
while manipulating formal norms (Ledeneva, 2006); it is not always
possible and not desirable to criminalise these behaviours as such, as we
will see. Maintaining these relationships also require a set of activities
that are a-criminal or pre-criminal, depending on the objectives and the
reach of the mafia group.
Notwithstanding these pre-judgements, “simple(r)” or “other” organised
crime groups – which can include networked forms of group crimes or
criminal conspiracies – are not necessarily less dangerous. For the purposes
of this book, however, the dangerousness of organised crime groups is
considered primarily a criminal and criminalised trait, while the dangerous-
ness of mafias is more nuanced and usually both criminal and cultural. In
other words, organised crime groups are dangerous as they engage in
activities, which are crimes or lead to crimes having financial gains or
other material benefits as ultimate goals. The harm they cause in the
commission of crimes might be composite and varied – as these crimes
might require movements and harmful facilitating activities – but their
relevance is still on the “criminal”, therefore “legally constructed” field.
Mafia groups, on the other side, even though they certainly engage in
activities that are constructed as crimes and related enabling or facilitating
activities, do not just exist for financial or material gain. The harm they
cause, especially but not only in their local communities, is both criminal
and social as social are also some of their goals – power, prestige, advance-
ment and preservation of certain anti-progressive values. This means that
14 1 Introduction: The aims of this comparative research

mafia groups are not just Italian. Similarly, in Italy there are criminal
groups, which are not mafias. Obviously the difference between the two
typologies is not clear-cut – far from it – which is why this book attempts to
place characteristics and definers across the mafia–organised crime spectrum
that is not static but dynamic. The spectrum is just an intellectual exercise
that supports the analysis of the “law in books” and the “law in action” in
response to these complex phenomena. Indeed, the continuous discussion
of such pre-judgements is necessarily part of this book, and it requires the
scrutiny of social and cultural contexts of the criminal issues object of
enquiry.
As remarkably pointed out by Melossi, Sozzo and Sparks (2011: 3),
“we should expect each instance of ‘the criminal question’ to carry
the weight of its history and to display the obdurate legal, institu-
tional, linguistic particularities of the political culture of which it is
an intrinsic component”. Discussing policing systems against mafias
and organised crime, from a comparative perspective, means under-
standing the “historical embeddedness” of both mafia and organised
crime and the control systems against them. Obviously, historical
embeddedness cannot be conceived separately from social and cultural
traditions (Melossi, 2001). Crucially, if both crimes and control
systems are embedded in their own socio-cultural history and, there-
fore, situated within political and economic contexts, a question
emerges about the possibility to meaningfully compare them across
national systems. Issues of translatability, diffusion, transfer of con-
cepts and policies in criminology and criminal justice have been
widely explored and all will be relevant for the arguments in this
work. The case studies in this book, and the four policing models,
have been constructed in the attempt to show both the historical and
the socio-cultural embeddedness of both the criminal phenomenon
and its control strategies. Ultimately, this book wishes to compare
through complexity of concepts rather than approximation. I argue
that, although mafia groups are certainly embedded within the spe-
cificity of Italian historical, economic and socio-cultural contexts, it is
precisely because of this specificity that a comparison is necessary. In
ages of globalised “multiplicity without unity” (Beck, 2000: 11)
intelligible pluralist conversations like this one are certainly needed.
 This Book 15

This Book
In an attempt to simplify the reader’s journey, I believe it is helpful to
summarise schematically what this book is about, to set expectations and
avoid confusion. As said, this book is about political and institutional
intentions to fight mafias and organised crime groups in four countries.
More specifically and in logical order:

1. This book is a theoretical effort to redefine the term “mafia” in relation

to the broader conceptualisation of the term “organised crime”. This
will be the description of both concepts across the “mafia–organised
crime spectrum” in Chapter 2.

This effort stems from two necessities. First, I believe the legacy of the
word “mafia” with its strong (Italian) connotations needs revisiting as
its meaning has become too fixed in institutional perceptions – mainly
outside of Italy – and does not allow for a dynamic conceptualisation
of the realities that the phenomenon “mafia”, both historically and in
contemporary days, includes. Second, the relationship between the
word “mafia” and the terminology of “organised crime” needs to be
assessed in light of the social dimensions of mafias, rather than just
their criminal constructions. This is how I construct the “spectrum”
which can be applied to describe criminal groups as well as their
presence in a given location. As it will be seen in Chapter 2, the
spectrum can go from “more mafia” to “less mafia” where “more
mafia” means the exhibition of certain social and political traits of
the group and “less mafia” instead is a residual form of “organised
crime”, with emphasis on the word “crime”. The focus is therefore on
“mafia” groups, albeit in relation to “organised crime”, precisely
because I want to stress the need to reconsider the meaning of mafias
as a useful concept when undressed of the heavy legacy that it still
carries in institutional perceptions.

2. When discussing “mafias” this book refers to two ideas: the concep-
tualisation of “Italian mafias” – as starting point for the analysis of a
16 1 Introduction: The aims of this comparative research

more general “mafia” category – and some specific examples on

current mafia groups of Italian origin, recurrently the Calabrian
‘ndrangheta and Sicilian Cosa Nostra.

The mafia spectrum is built around a re-conceptualisation of mafias

through data and materials that, in different ways and from different
locations, refer to groups with an Italian connection. There are
various reasons for this. First, an outlook to other groups in the
compared countries would have required a different type of research,
much broader in scope, which I was unable to do in this case. Second,
as said, this book wishes to deconstruct and reconstruct a concept –
mafia – that is undeniably rooted in the understandings and
misunderstandings of Italian mafia groups as prototypical mani-
festations of organised crime. The specificity of Italian mafias at
times has allowed denying the possibility to compare them to other
forms and manifestations of organised crime. I challenge this denial.
I believe that an effort to reconceptualise and update “mafia” as a
useful notion for institutional and policy-making purposes needs to
depart from the Italian case and its ramifications, because it is here
that we find both the history and the evolution of the concept also
today.

3. This book is a comparative research in policing and criminal justice

models in Italy, the UK, the US and Australia (Chapters 3–6).

As argued in Chapter 2, differences in institutional perceptions and con-

ceptualisations of mafias and organised crime influence both policies and
legal approaches. This book will explore how historical events have influ-
enced institutional perceptions of mafias and organised crime and how
institutional perceptions have then affected policies, strategies and criminal
law as responses to past and future events. The analysis of such interplay is
the novelty of this book: it is a comparative research in policing strategies in
the countering of mafias and organised crime across four countries, while
considering different legal traditions and underpinning legal theories of
criminal law.
 This Book 17

4. Conducting comparative research means engaging in deconstruction

and reconstruction of policies and norms. In this book, I choose to
explain this mechanism of deconstruction and reconstruction through
the use of models of policing, one for each country (Chapters 3–6).

This might be the most controversial aspect of the book. Neither the four
policing models in this book are predetermined schemes nor they promote
mutually exclusive categorisations. As said, these models are the result of a
first stage comparative analysis. More specifically, these models are a way to
make the comparison easier but still rich and specific enough for a second-
level comparative analysis. The models are the result of the following
reasoning: (a) the mafia–organised crime spectrum recognises different
aspects that various groups manifest in various latitudes in criminal and
social contexts; (b) the institutional responses to these manifestations differ
from country to country; (c) while it is certainly possible to just compare
laws and interventions in each country, I want to look at “intentions” – the
motivations behind laws and policing interventions; (d) in order to do this,
there is the need to look at the way institutional perceptions, law-making
and law enforcement processes interact with each other; (e) even though
national systems to contrast mafias and/or organised crime might reach
similar results and even depart from similar conceptualisations, my
research in each country has revealed that some concepts more than others
drive institutional perceptions, policy-making and finally policing models.
This is why the four policing models in this book carry names/labels
(Structure, Enterprise, Visibility and Activity); the labels represent the
most influential concept in each country. These models are not pre-
established categories and shall not be considered as mutually exclusive:
indeed, the models do share more than one characteristic. Describing the
Italian model as the “Structure” model, for example, helps us understand
what concept (structure) acts as the main “drive” of the policing approach
against mafias and organised crime and what concept (structure) reveals
something about the intentions of policy-making in the country; it does not
mean that the idea of “structure” is not important or relevant even in other
models or strategies against organised crime and mafias, for example, the
“Enterprise” model of the US. Rather, in other countries there is a different
concept, which is deemed more relevant. While on the one side these models
18 1 Introduction: The aims of this comparative research

are not based on mutually exclusive concepts, they are indeed peculiar of the
country of reference at the point of forming the basis for a comparison.

5. This book is a comparative project that does not just aim at describing
and presenting similarities and differences, but also and more crucially
aims at understanding intentions and implications of similarities and
differences (Chapters 7–8).

Policing models that include different stages of the countering strategy from
policy-making to investigations to criminal law and procedure are the first
stage of the comparative effort. At the second stage, content and discourse
of emerging convergences and divergences across the four countries will be
analysed. These convergences and divergences are situated within interna-
tional frameworks and conceptualisations of the notions of mafias and
organised crime across borders and for international cooperation.
Finally, one of the overarching themes of the book is that there cannot
be a unique model to fight mafias and organised crime across nations.
Mafias and organised crime groups – as conceptualised and placed across
the spectrum and within international frameworks – might display social
and cultural elements that require specific social and cultural attention.
However, harmonisation of policing approaches as well as comprehension
of criminal phenomena is crucial for international cooperation because of
the transnational reach of certain criminal activities and groups. Integrated
models are possible and desirable when they are the result of comparative
and specific analysis rather than policy transfer and approximation.

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