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ORGANIZED CRIME

By: RODOLFO V. CASTILLO JR., RCrim., LPT, Ph.D.


DEFINITIONS AND ELEMENTS OF ORGANIZED
CRIME, ORGANIZED CRIMES GROUPS AND CRIMINAL
GANGS

Organized Crime- An unlawful activities of the


members of a highly organized, disciplined
association engaged in supplying illegal goods
and services.
 Any enterprise or group of persons engaged
in a continuing illegal activity which has as its
primary purpose the generation of profits
irrespective of national boundaries.
[INTERPOL 1998 General Assembly]
DEFINITIONS AND ELEMENTS OF ORGANIZED CRIME,
ORGANIZED CRIMES GROUPS AND CRIMINAL GANGS
Organized Criminal Group- A group of three (3) or more persons
that was not randomly formed, existing for a period of time, acting in
concert with the aim of committing at least one crime punishable by at
least four (4) years incarceration, in order to obtain, directly or
indirectly, a financial or other material benefit. [Art. 2 (a) UN
Convention on Transnational Organized Crime]
Organized Syndicated Crime Group- A profit motivated AND highly
capable group of persons or an enterprise organized to undertake
widespread, regular or long term, large scale, high profile and
diversified criminal activities that has high impact to the economy and
national security.
Criminal Gangs- A group of two or more persons who have
common identifying signs or symbols and whose members
individually or collectively engaged in or have engaged in a pattern of
criminal activity, creating an atmosphere of fear and intimidation
within the community or a specific area using violence and
intimidation.
Essential Elements of an Organized Crime Group
1. Organizational Structure:
Highly structured and complex
Members have infiltrated a vast variety of legitimate
businesses that circumvent government controls
2. Resources:
High profile strength
Highly sophisticated logistical support
Highly specialized training and indoctrination
3. Networking/Connections:
Well-entrenched and fluid network
Tight operating linkages and influenced with law enforcement
and other government agencies
Initiated and maintained through bribery and corruption on
public officials
Essential Elements of an Organized Crime Group

4. Modus Operandi:
High profile
Difficult to counter
Violence and intimidation
5. Motive:
Non-ideological/Non Sectarian
Organizational Profit and Advantage
6. Nature of Criminal Activity:
Crimes that are high profile, sensational, large scale, diversified and
have a high impact to the economy and National Security
7. Time, Duration and Frequency:
Long term goals
Regular operations
Widespread or transcend provincial, regional, national or international
political boundaries
Essential Elements of a Criminal
Gangs
1. Capability:
 Tend to have less control over their members
Loose collection of factions
Members may have previous petty crime experience
2. Resources:
 Basic criminal tools and minimal logistical support
 Minimum or no special training and indoctrination
3. Networking/Connections:
 Local crime network, if any
Few or no operating linkages and influences with law
enforcement agencies
Essential Elements of a Criminal Gangs

4. Modus Operandi:
Less corporate (focus on specific criminal activity
Territorial
Scavenger (motivated by the need to belong to a group)
5. Personalities:
Low level of criminal prominence, influence and linkages in their
locality
Mainly from financially/socially disadvantaged sectors of society
6. Motive: Profit and personal advantage
7. Nature of Criminal Activity:
Crimes committed are perpetrated by hatred, vendetta or if for
profit on a particular crime.
HISTORY AND ATTRIBUTES OF TRADITIONAL AND MODERN
ORGANIZED CRIME

The Concept…
 Emerged in Chicago in 1919,
when Alphonse Capone, better
known as Al Capone or
Scarface, considered as the
most notorious gangster in the
U.S. ran Chicago with blood and
guns.
HISTORY AND ATTRIBUTES OF TRADITIONAL AND
MODERN ORGANIZED CRIME
Founders of Modern Organized Crime in the US
1. Alphonse Capone [(Scarface) (1899-1947)]
2. Charles Luciano [(Lucky) (1897-1962)]{Salvatore
Lucania}
3. Meyer Lansky [Morris Lieberman; Meyer Lamansky;
Little Meyer; Meyer the Bug; Charlie the Bug; Meyer the
Lug (1902-1983)] {Maier Suchchowljansky}
4. Louis Buchalter [(“Lepke” ; “Judge Louis”) (1897-1944)]
{Louis Bookhouse}
5. Joseph Adonis [ (Joey Adone, Joe Orosa, James Arosa,
Joe DeMio) ( 1902-1972)] { Giuseppe Antonio Dot}
6. Frank Costello [1891-1973]
HISTORY AND ATTRIBUTES OF TRADITIONAL AND MODERN ORGANIZED CRIME

THE MAFIA
 Generic term for any organized criminal network
with similar structure, methods, and interests.
 Originated from the Sicilian struggle in the 13 th
Century against French Rule
 An acronym derived from “Morte Alla Francia,
Italia Anela!” (Death to France, Italy Groans!),
which referred to beauty, perfection, grace, and
excellence.
HISTORY AND ATTRIBUTES OF TRADITIONAL AND MODERN ORGANIZED CRIME

THE MAFIA: Socio-economic Concept


 In 1876, Leopoldo Franchetti described the Sicilian Mafia as an
"industry of violence". And in 1993, the Italian sociologist  Diego
Gambetta described it as a "cartel of private protection firms".
 The central activity of the Mafia is the arbitration of disputes between
criminals and the organization and enforcement of illicit agreements
through the use of violence.  It serves only specific clients who pay
them for protection.
 The mafia's principal activities are settling disputes among other
criminals, protecting them against each other's cheating, and
organizing and overseeing illicit agreements, often involving many
agents, such as illicit cartel agreements in otherwise legal industries.
 It is a cartel of independent criminal gangs who sell their services
under a common brand. This cartel claims the exclusive right to sell
extralegal protection services within their territories, and by their labels
(man of honor, mafioso, etc.), they distinguish themselves from
common criminals whom they exclude from the protection market.
HISTORY AND ATTRIBUTES OF TRADITIONAL AND
MODERN ORGANIZED CRIME
THE MAFIOSO
 Connotes pride, self confidence, and vainglorious behavior
 Traditionally, brave and self reliant, a man of action, and one
not to be taken lightly
THE SICILIANS
 A “man of honor “ or “man of respect” who embodies not just
a criminal but other personality characteristics as well.

 Notes: The Sicilian Mafia sometimes known as


“Honoured Society” and Mafiosi called themselves
as “Men of Honour or Men of Respect”
Five Basic Principles which the MAFIA Members
are Bound:
1. Omerta, or CODE OF SILENCE, a vow never to
reveal any MAFIA secrets or members’ names
under threat of torture and death;
2. Total obedience to “Don” or “Boss”;
3. Assistance to any befriended MAFIA factions, no
questions asked;
4. To avenge any attack on members of the family
5. To avoid any and all contact with law
enforcement authorities.
Attributes of Organized Crime
 Non-Ideological- i.e. motivated by profit
 Hierarchical- i.e. has a vertical power structure with at
least three (3) permanent ranks
 Limited or Exclusive Membership
 Self-perpetuating- i.e. continues over time
 Use Illegal violence (or the threat of it) and bribery
 Constitutes a unique subculture- view as distinct from
conventional society
 Monopolistic
 Governed by rules and regulations
 It has specialization/ division of labor.
Functional Positions
Filled by a Qualified
Members
Enforcer
Fixer
Money mover
Intelligence analyst
Categories of Organized Crime’
Behavior
 Provision of illicit services
 Provision of illicit goods
 Conspiracy- i.e. Work in concert with each
other
 Penetration of legitimate business
 Extortion
 Corruption
Characteristics of Organized Group
Continuity
Structure
Membership- requires lifetime commitment
Criminality- directed by the pursuit of profit
Violence
Power and Profit- maintain through association with
criminal protectors
The Protectors
Specialized support- persons who provide contract
services.
User support- i.e. audience of consumers (illegal goods
and services)
Social support- persons and organizations belonging to
the social support group who grant power and the
perception of legitimacy to organized crime.
ORGANIZATIONAL MODELS
1.Donald Cressey’s Cosa Nostra (“Our Thing”, “Our Affairs”) Model. A
national syndicate of 25 or so Italian-dominated crime families who control
crime in distinct geographic areas. Its primary unit is the family, which
embodies male members of Italian ancestry.
Composition:
The Boss: Supreme Leader; Typically, older members of the family;
Oversees all organizational endeavors and has a final word on decisions
involving virtually all aspects of family business
The Consigliere: Often a lawyer, who serves the boss as a trusted
advisor
The Underboss: Acts on the behalf of the boss if the latter is
incapacitated; Its primary role is to relay instructions to those occupying
lower positions in the family
The Capos (Caporegime): Sort of midlevel manager, who serve as a
buffer between the lowest-level members and the upper-level members of
the family
Soldiers: Known as “wise guys”, “made guys”, or “button men”, who
report directly to the Capo and operate at least one specific criminal
enterprise. He constantly search for a new sources of revenue for the
family
The Cosa Nostra
2. Joseph Albini’s Patron-Client Model
Consists of syndicates in a loose system of power
relationship made up of criminal patrons who exchanged
information, connections with governmental officials, and
access to a network of operatives for the client’s
economic and political support.
Composition:
 Boss (Capo), Underboss (Sottocapo) and Counselor
(Consigliere)- at the center of each OC units (famiglia-
family)
 The Captains (Caporegime)- it surrounds the boss
which are called clients
 Made Guys (Soldati)- it orbit around the captain; lowest
ranking members who have been formally initiated in the
Family
The Patron-Client
TRANSNATIONAL CRIME AND TRANSNATIONAL CRIMINAL
ORGANIZATIONS

Transnational Crime- Violations of law that


involve more than one country, in their
planning, execution or impact.
Crimes that have actual or potential effect
across national borders and crimes that are
intrastate but offend fundamental values of
the international community.
International Crimes- Crimes against
humanity that may or may not involve
multiple countries.
Nature of Transnational Crimes
 Committed in more than one state.
 Committed in one state but a substantial part of
its preparation planning, direction or control
takes place in another state.
 Committed in one state but involves an organized
crime group that engages in criminal activities in
more than one state.
 Committed in one State but has substantial
effects in another state
Categories of Transnational Crimes
1. Provision of illicit goods (trafficking of
drugs, stolen property or weapons and
counterfeiting)
2. Provision of illicit services (commercial
sex or human trafficking)
3. Infiltration of business and government
(fraud, racketeering, money laundering
and corruption)
Motives of Transnational Crimes
1. Political influence
2. Economic gain
3. Social control in a global scope.
Characteristics Shared by Transnational and
Organized Crime Groups
1. Corruption- illicit influence, exploitation of
weaknesses, blackmail of public and prominent
figures.
2. Discipline-enforcement of obedience through fear
and violence
3. Infiltration- continued effort to gain a foothold in
legitimate institutions
4. Insulation-protection of the organization’s leaders
from the soldiers, cell from cell, and functions from
functions.
5. Monopoly- Control over certain criminal activities
in certain geographical area; with no tolerance for
competition
Cont. on Characteristics Shared by Transnational and Organized Crime
Groups

6. Motivation- sole motivation is power and


influence.
7. Subversion-weakening of society’s
institutions and legal and moral values
8. History- entrenchment and refinement of
criminal activities and practices
9. Violence- used without hesitation to further
the criminal aims of the organization
10. Sophistication- use of advanced
communication systems, financial controls
and operations
Cont. on Characteristics Shared by Transnational and Organized Crime Groups

11. Continuity- the organization survives the


individuals who created and run it.
12. Diversity- involvement in other illicit activities
to further insulate the organization from
dependence on one criminal activities
13. Bonding- individual to individual, and
individual to organization, for solidarity and
protection, often through complex initiation rites
14. Mobility- a disregard for national and
jurisdictional boundaries.
Events that Contribute to the GLOBALIZATION
of Organized Crimes
1. Collapsed of the Soviet Union
2. Growth of capitalism in China
3. Enactment of North American Free Trade
Agreement
4. Lowering of European customs, currency,
passport controls
5. Other Lesser events

 Globalization- the package of transnational


  flow of people, production, investment,
information, ideas and authority.
Three (3) Main Groups of Global TCO
 The Big Six: The Italian Criminal Enterprises [Sicilian
and American Mafia Families]; Russian Mafiya;
Japanese Yakuza; Chinese Triads; Colombian
Cartels; and Mexican Federation.
 Groups with certain criminal specialties that work
with Big Six: Nigeria; Panama; Jamaica; Puerto Rico
and the Dominican Republic.
 Terrorists groups which deal in contraband,
narcotics, smuggling etc. simply as a means to
finance their political objectives: Japan’s Red Army;
Peru’s Shining Path; Colombia’s
FARC[ Revolutionary Armed Forces of Colombia];
People’s Irish Republican Army
The Big Six (6) International Criminal
Organizations
1. ITALIAN CRIMINAL ENTERPRISE
2. THE RUSSIAN MAFIA
3. JAPANESE YAKUZA
4. THE CHINESE TRIADS
5. COLOMBIAN DRUG CARTELS
6. MEXICAN CRIMINAL ORGANIZATION:
THE MEXICAN FEDERATION
A. ITALIAN CRIMINAL ENTERPRISE:
American Mafia;
Sicilian Mafia;
Camorra;
‘Ndrangheta;
Sacra Corona Unite/Sacred Crown
Sestima del potere- organized on
family or clan affiliation
1.The American Mafia
A criminal alliance of ten (10) major families or
brugards
Leaders: Al Capone In Chicago; Salvatore “Lucky”
Luciano in New York.
Main Activities: Drug trafficking; union control and
corruption; loan sharking; illegal gambling; stock
market manipulation; and take over of legitimate
businesses.
Size and Structure: Operates on strict
hierarchical structure with 25,000 members
total and 250,000 affiliates worldwide.
International Connections: Russian Mafiya;
Sicilian Mafia and Colombian Cartels
The American Mafia Organizational Structure
2. Sicilian Mafia
Most famous organized crime group in the world. Controlled in
Palermo, and operates in more than 40 countries in the world.
• Sicilian Mafia, also simply known as the Mafia and frequently referred
to as Cosa Nostra  by its members has  originated in the region
of Sicily and dating to at least the 19th century. It is a loose association
of criminal groups that share a common organizational structure
and code of conduct, and present themselves to the public under a
common brand.
• The basic group is known as a “family", "clan", or cosca.  Each family
claims sovereignty over a territory, usually a town or village or a
neighbourhood (borgata) of a larger city, in which it operates its rackets.
Its members call themselves “men of honour", although the public often
refers to them as mafiosi.
• By the 20th century, following wide-scale emigration from Sicily,
mafiosi established gangs in North and South America which replicate
the traditions and methods of their Sicilian ancestors. The Mafia's core
activities are pratection racketeering, the arbitration of disputes
between criminals, and the organizing and oversight of illegal
agreements and transactions.
3. The Camorra

Based in Naples, Italy: made up of 30 clans with approximately 6,000
members

Have strong ties with Russian Mafia
Size: Approximate 7,000

4. ‘Ndrangheta

Third of the four Italian criminal enterprises: Approximately 140 cells with
5,300 members, and is based out of Calabria

Active in heroin trafficking
Size: Approximately 6,000 members

5. Sacra Corona Unite [Sacred Crown]



Relatively new group; founded in 1970; consists of 20 clans with
approximately 1,400 members

Concentrated in Puglia, Italy
Size: Approximately 2,000 members
Major Activities of Camorra, ‘Ndrangheta & United Sacred Crown

 Cigarette smuggling;  Frauds;


 Kidnapping;  Thefts;
 Political corruption;  Labor racketeering;
 Cocaine heroin  Loan sharking;
trafficking;
 Illegal immigration;
 Murder;
 Gunrunning;
 Bombings;
 Money laundering;
 Counterfeiting;
 Extortion.
 Illegal gambling;
B. THE RUSSIAN MAFIA
Known as Reketiry/Racketeers; Russian
Mobs; Russian Organized Crime; Redfellas
which was born on the day the former
Soviet Union collapsed
Much of its ruling class are from the
KGB; practice of receiving tattoos for
every crime committed
Main Group: Brigade of the Sun; Odessa
Mafia and Armenian Organized Crime Groups
Major Activities: drug trafficking; arson;
fraud; larceny; Money Laundering;
racketeering; extortion; arms trafficking;
cybercrime; human trafficking;
prostitution; murder
Worldwide Activities: Slavery;
Human smuggling, car theft;
extortion; arms smuggling; toxic
waste disposal
Size: approximately 100,000
structured as many as 300
identifiable groups.
International Connections: Sicilian
Mafia, Camorra and Colombian
Cartels
Structured Group
1. Elite Group: The leadership, often a
vor or vory, manages and organizes plans
for operations
2. Support Group: They set specific tasks
for subordinate groups or choose who
will do the task
3. Security Group: They are in charge
with security and intelligence.
4. Working Group: The individuals that
actually carry out the crimes; they are
often uninformed of the identity of the
leadership.
C. JAPANESE YAKUZA [ya(8)-ku(9)-3(sa)]
Boryukudan OR Yakuza: originated mainly
from habitual gamblers called “Bakuto”
and stall operators called “Tekiya,” who
appeared in the early 17th Century.
There is a tribute system in which
organization pays money to the higher
organization that its boss belongs to.
Most active Boryukudan: Rokudaime
Yamaguchi-gumi (about 20,400 in
strength); Sumiyoshi-Kai (about 6, 100
in strength); and, Inagawa-Kai (about
4,800 in strength).
YAKUZA STRUCTURE
1. Oyabun- Head of the Clan
2. Saiko komon-Senior Advisor
3. So-honbucho-Headquarters chief
4. Wakagashira- Number two Man
5. Fuku-honbucho- Assistant [komon-
advisors, shingiin- counselors, kumicho
hisho-secretaries, kaikei-accountants,
wakagashira-hosa-underlings of the
second-in-command]
6. Shateigashira- Number three Man
7. Senior Bosses [ Shatei-younger
brothers; Wakashu- young men]
D. THE TRIADS [HUNG SOCIETY]
It began in the Fujian province of China in 17th
Century as an “antidynastic secret society”.
Their goal was to remove or bring and end to
the Manchu Ch’ing dynasty and to restore the
native Chine Ming dynasty.
The largest and most powerful in the Triad is
in HONGKONG based “SUN YEE ON” (“new
righteousness and peace”)
There is a hierarchy of leadership; it is
composed of loose affiliations of criminal
gangs; those who are in the lower ladder have
much more freedom of lateral movement.
Affiliates find greater self-respect in the
fanciful idea that they belong to a fraternity
of noble warriors whose history extends back
hundred years.
Noted Triad Affiliates
Hongkong-Based
1.Sun Yee On: 25,000 members
2.Wo Group: 20,000 members [Specializes in loan
sharking and protection rackets]
3. 14k: 20,000 members [ Specializes on guerilla
warfare]
4. Big Circle: [Extremely violent and known in armed
robberies of jewelry stores and banks, and gold
dealers]
Taiwan-Based
1. United Bamboo: 20, 000 in Taiwan; largest human
smuggler and white slave trader in the World. UNITED
BAMBOO MEMBERS established their own CODE OF ETHICS.
2. Four Seas: 10,000 members; second to the largest
in Taiwan; involved in construction
Major Activities: Extortion; Money
laundering; Illegal trafficking;
Prostitution; Smuggling; Counterfeiting
goods; Health care fraud.
Major International Activities: Drug
trafficking, human smuggling,
prostitution, counterfeiting, smuggling
of commodities, business fraud, credit
card fraud and money laundering, theft of
vehicles and exporting stolen vehicles,
illegal gambling, extortion and
kidnapping.
Organization: Based on ties between the
“Big Brother [dai-lo] and Little Brother
[sai-lo].
E. COLOMBIAN DRUG CARTELS
Controller of Silver Triangle
[Peru and Bolivia (70%); and
Colombia (30%)], where world’s
coca leaves and cocaine based
products are grown.
 
1. The Medellin Cartel
Founded by Pablo Escobar Gaviria,
Juan David Ochoa-Vasquez, Gustavo
de Jesus Gaviria Rivero, and Jose
Gonzalo Rodriguez Gacha, aka “El
Mexicano”.
Operations: Cultivation and
smuggling of cocaine
Characteristics: Overtly violent;
known to be los hampones (the
hoodlums)
2. The Cali Cartel
Founded by Gilberto Rodriguez Orajuela. It
rise upon the downfall of the Medellin Cartel.
An immensed monolithic network of
compartmentalized cells of smugglers,
transporters, distributors and money
launderer.
Responsible for 80% of the world cocaine
supply; relied primarily on deception and
guile.
Characteristics: More circumspect; rise to
prominence based on the use of sound business
practices; known as loss caballeros (gentlemen)
3. Cartel De La Costa
Emerged in 1995-1997 after the
arrest of the leaders of the
Medellin and Cali Cartels
Distributes cocaine in Europe and US
Leaders: Alberto Orlandez Gamboa;
Roger Eliecer PomboJulio Cesar
Antichario and William Moises Nader
Characteristics: Running smaller;
extremely aggressive and violent
 
4. Northern Valle Del Cauca
Operated principally in the North Valle Del
Cauca region of Colombia
Rose to prominence during the second half
of the 1990’s, after the Cali Cartel and
Medellin Cartel fragmented, and became
known as the most powerful organizations
involved in illegal drug trade.
Distributes cocaine and heroin
Leaders: Diego Leon Montoya Sanchez, alias
“Don Diego’’ Wilber Varela, alias “Jabon”
(Soap), and Hernando Gomez Bustamante,
alias “Rasguno” (Scratch).
Characteristics: Running smaller; extremely
aggressive and violent
 
F. MEXICAN CRIMINAL ORGANIZATION: THE
MEXICAN FEDERATION [ Drug Trafficking
of: Heroine, Marijuana and
Methamphetamine]
1. The Gulf Cartel
Leaders: Juan Garcia Abrego and
brother Humberto; Adolfo dela Garza-
Robles; Jose Luis Sosa Mayorga; and
Oscar Malherbe de Leon
Destination: US
Operation: Cocaine trafficking and
money laundering
2. The Juarez Cartel
Considered the most powerful in Mexico; Allied
with the Cali and Medellin Cartels
Leaders: Amado Carillo-Fuentes (“Lord of the
Skies”)
Destinations: Europe and New York
Operations: Cocaine and Real estate
3. Sonora Cartel
Known as the Caro-Quintero Organization
Leaders: Miguel Caro-Quintero and brothers Jorge
and Genero
Destination: US
Operation: Transhipment of Cocaine for Cali
Cartel; Cultivation and Distribution of
Marijuana and some transportation and
distribution of methamphetamine
4. Tijuana Cartel
Most violent of the Mexican Cartels;
known as AFO; inherited from Miguel
Angel Felix Gallardo.
Leaders: Alberto Benjamin Arellano-Felix
Destinations: California- Mexico borders
Operations: Transportation, importation
and distribution of the “Big Four Drugs”
i.e. Heroin, Cocaine, Marijuana and
Methamphetamine.
5. Amezqua Organization
Not considered as one of the 4 major
groups of the Mexican Federation; A major
force in narcotics trafficking,
effectively controlling the Mexican
methamphetamine trade
Leaders: Amezqua-Contreras Brother
(Jesus, Adan, and Luis)
Destination: Mexico (Guadalajara) and US
Operation: Production, transportation and
distribution of methamphetamine; world’s
largest smuggler of ephedrine using
contacts in Thailand and India.
6. Sinaloa Cartel
Known as the Guzmán-Loera
Organization and the Pacific Cartel;
called the Federation and the  La
Alianza de Sangre ("Blood Alliance").
Considered by the
United States Intelligence Community
 "the most powerful drug trafficking
organization in the world“;
associated with the label "Golden
Triangle", which refers to the states
of Sinaloa, Durango, and Chihuahua.
 
Leaders: Héctor Luis Palma Salazar
(a.k.a. El Güero); Joaquín Guzmán Loera
two close associates, Ismael Zambada
García and Ignacio Coronel Villareal.  
Destination: U.S. border to distribution
cells in  Arizona, California, Texas, 
Chicago and New York.
Operation: presence in 17 Mexican states,
with important centers in Mexico City, 
Tepic, Toluca, Zacatecas, Guadalajara,
and most of the state of Sinaloa. The
cartel is primarily involved in the
smuggling and distribution of Colombian 
cocaine.
Levels of Drug Trafficking Organizations
1. Core Organizations- tightly centralized and
usually international in scope.
Roles: trafficking such as: manufacturing,
distribution (wholesale/retail), enforcement
and money laundering
2. Secondary Organizations-
Roles: transportation, money laundering or
retail drug distribution within a specific
geographical area.
3. Local organizations- Distribute drugs
within localized area. Usually consist of
mid to low-level dealers who are easily
replaced, the local organization is also
vital to the survival of the core.
OTHER INTERNATIONAL CRIMINAL AND CRIMINAL
ORGANIZATIONS
A. The Motorcycle Gangs [The Big Four]
Started in 1945, after World War II by
those who missed the excitement of the
battle in the war.
They rode a Harley Davidson or Indian
Motorcycle.
Took place in Hollister, California, on
July 4, 1946 when the American Motorcycle
Association (AMA) sponsored the Annual
Motorcyclr Dirt Hill Climb Races in
Hollister, a small town with a police
force of seven.
Organizational Structure
1. National President
2. Territorial or Regional Representative
3. National Secretary/Treasurer
4. National Enforcer
5. Chapter President
6. Vice President
8. Secretary/Treasurer
9. Sergeant at Arms
10. Road Captain
11. Members
12. Associates or Honorary Members
Women in Motorcycle Gangs
Treated as playthings and
property.
Forced into prostitution or
street-level drug trafficking;
physically and sexually abused.
Women are bought, sold, traded, or
given away within the club.
However, the main value of the
women is provide sexual
gratification and to make money.
The Big Four (4) Motorcycle Gangs
1. The Hells Angels: Known as Popeyes;
engaged with a bloody war against
Satan’s Choice and Divel’s Disciples;
Controls drugs trade and prostitution
2. The Outlaws [Outlaws Motorcycle Club/
American Outlaw Association]: Involved
in drug trafficking; extortion; contract
murder; motor vehicle theft; gun and
explosive running; armed robbery; rape;
mail fraud; prostitution; Members work
in pair.
Motto: ‘GOD FORGIVES, OULAWS DON’T’;
3. The Pagans
The fiercest outlaw bikers in the US; about 900
members and 44 chapters in New York and Florida;
More nomadic.
Activities: Drug selling; prostitution; blackmail;
murders; drug couriers; enforcers; bodyguards;
hitman for the mob labor union racketeering;
extortions; counterfeiting; car theft.
4. The Bandidos
Formed in 1966 in Houston by Donald Eugene
Chambers to control drug trafficking and
prostitution in Texas. Members of 500 with 30
chapters; Run by mother chapter made up of a
President; Four Regional vice Presidents and
Regional and Local Chapter Officers
Activities: drug trafficking; prostitution; contract
murder; fencing; extortion; stealing and running
weapons; welfare and bank fraud, and arson.
B. The Tongs
Originally called “PARLOR”, Tong means
secret societies that are engaged in
illegal activities.
Originated in San Francisco, California
in 1874 as an extension of a merchant
association, founded by the Chinese as
means of self-preservation against the
vile treatment they received in the US.
Members were descended from rebel
organizations in China as benevolent
merchants association designed to shield
Chinese Americans by extorting a street
tax in exchange of protection
C. Nigerian Criminal
Organizations
Drug smuggling specialists
used by the “Big Six” criminal
organizations: 40% of all
heroin smuggled is done by the
NCO.
THIRD-LARGEST ethnic drug
smuggling group
D. Khun Sa
World’s most notorious
heroin trafficker: 60% of
the heroin in the streets
 Myanmar
Golden Triangle: Myanmar,
Laos and Thailand
TERRORISM AS TRANSNATIONAL CRIME
Definitions
Terrorism- A premeditated, politically motivated violence
perpetrated against non-combatant targets by subnational
groups or clandestine agents.

Constitutes the illegitimate use of force to achieve a
political objective by targeting innocent people [Walter
Laqueur (1970].

Socially and politically unacceptable violence aimed at an
innocent target to achieve psychological effect (Crenshaw,
1983).
The use or threatened use of force designed to bring
about a political change [Brian Jinkins, 1984)].
Cont. on Definitions Terrorism

Any act intended to cause death or


serious bodily harm to civilians or non-
combatants with the purpose of:
1. Intimidating a population of serious
bodily harm; and
2. Compelling a government or an
international organization to do or
abstain doing any act. [UN Panel- 03-
17-05]
History of Terrorism

Originated from the French Revolution (1789-
1795) which describe the actions of the French
government.

In 1848 it was employed to describe violent
revolutionaries who revolted against the
government.

By the end of 1800-1900, terrorism was used
to describe the violent activities of a number of
groups including: labor organizations,
anarchists, nationalist groups revolting against
the foreign powers and ultranationalist political
organizations .
Cont. on History of Terrorism

After WW II (1939-1945), as the people revolted


from European domination of the world,
nationalist groups deemed to be terrorist groups.
From 1960 to early 1980, it was applied to violent
left-wing groups, as well as nationalist.
In the mid-1980s, the US defined terrorism as a
violent activity of the hate movement.
Internationally, terrorism was viewed as sub-
national warfare. Terrorists were sponsored by
the rogue regimes.
Cont. on History of Terrorism

Today…
Terrorism also refers to a large
groups who are independent from
a state, violent religious fanatics,
and violent groups who terrorize
for a particular cause such as the
environment
Criteria in Defining Terrorism
1. Target
2. Objective
3. Motive
4. Perpetrator
5. Legitimacy or legality of the
act
Terrorists- One who does all acts of
terrorism.
Terrorist Group- Any organization that
engages in or had engaged in, terrorist
activity. This includes not only violent groups
but legitimate groups that fund terrorists
operations.
Terrorist Act- any act that is unlawful,
involves the use or threatened use of
violence or force against individuals or
property, is designed to coerce a
government or society, and supports
political, ideological, or religious objectives.
Traditional Terrorist Tactics
1. Bombing
2. Hijacking
3. Arson
4. Assault
5. Kidnapping
6. Taking hostages
Acts of Terrorism Under the UN Conventions and
Protocols
1. Unlawful seizure of aircraft (1970)
2. Unlawful acts against safety of civil aviation(1971)
3. Crimes against internationally protected persons including
diplomatic agents (1973)
4. Terrorist bombings (1977)
5. Taking hostages (1979)
6. Nuclear material (1980)
7. Acts of violence in airports (1988)
8. Acts against safety of maritime navigation (1988)
9. Acts against safety of fixed flatforms located on continental
shelf (1988)
Differences Between Criminals and Terrorists
CRIMINALS TERRORISTS

1. Crimes of opportunity 1. Fighting for political


objective
2. Uncommitted 2. Motivated by ideology or
religion
3. Self -centered 3. Group-focused- even
bersekers or lone wolves
4. No cause 4. Consumed with purpose
5. Untrained 5. Trained and motivated for
the mission
6. Escape- oriented 6. On the attack
Characteristics of Terrorists
1. Socio-economics Status: Middle class to upper class
backgrounds, some extremely wealthy.
2. Education and Intellect: they have higher than average
education; often average or higher intelligence; and usually
have a secular education.
3. Age: Foot soldiers and operational members- 20 to 35
years old; Leadership, support, and training cadres: 40 to
60 years old; Soldiers in guerilla groups- teens; Suicide
Bombers- often young.
4. Gender: Women are increasingly used in terrorist
activities such as Suicide bombers and smuggling of
explosives
Ten- Step Attack Planning Cycle
  Step 1-Initial target selection i.e. development
of list of potential targets; objectives and
capabilities and preliminary target selection.
Step 2- Initial Surveillance i.e. surveillance
against pre-selected targets; identification of
vulnerabilities which lasted for weeks to months in
advance.
Step 3- Final Target Selection and Preparation
i.e. prioritization of vulnerability; narrowing of lists.
Step 4- Pre- Attack Surveillance wherein:
operational cells appear; in-depth surveillance is
conducted; focusing on vulnerabilities
Cont. On Ten- Step Attack Planning Cycle
Step 5- Planning by: evaluating security; recruiting
personnel; renting safe houses; designing escape
routes; determining methods of attack; selecting
weapons and equipment
  Step 6- Rehearsal by doing: testing the plan;
using actual or similar site; evaluating equipment;
identifying additional equipment
Step 7- Attack Team deployment i.e. team selected
based on knowledge, skills and abilities; deployment
of attack team; cover or concealment near the attack
site.
  Step 8- Execution, which consider the:
advantages; surprise; choice of attack; neutralization
of target reaction and security measures; often use
diversions or secondary attacks.
Cont. On Ten- Step Attack Planning Cycle
 

Step 9: Escape i.e. preplanned


escape routes; and many included
diversions
  Step 10: Exploitation by:
establishing notoriety creating terror;
increasing source of funds;
improving recruitment; and using as
a tool for exploitation and
propaganda
Types of Targets
1. Soft Targets- a person or thing that is relatively
unprotected or vulnerable; hard to defend against
attack i.e. highly accessible and generally great in
number.
  Examples: hotels, schools, hospitals, places of
worship, apartment buildings, public
transportation, banks, etc.
2. Hard targets- a structure that has been fortified
against attack i.e. limited accessible and generally
few in numbers.
  Examples: military bases, government
buildings, military convoys, hardened motorcades.
Note:
In fighting terrorism, the government employ
the THREE-TIERED DEFENSE SYSTEM [Lee
Tom Ridge], to wit:
1. Intelligence: To know the enemy and identify
their potential targets.
2. Target Hardening: Making it difficult to
terrorist to succeed in their targets.
3. Incident Management: To manage effectively
the incident and mitigate the effects of the blast.

A the center of the triangle is the LEGAL


OFFENSIVE.
Structure of Terrorist Organizations
1. Centralized- a principal command exercises
control over the network, makes operational
decisions and guide its ideology. Its decisions are
filtered from top to bottom; there is a clear
separation between the leadership and lower
ranking operatives.
2. Decentralized- command and control is
loose and dispersed; cells operate independently,
e.g. “lone wolf” terrorist.
Basic organizational Structures of Terrorist
Groups (James Fraser, 1984)
1. Command- The smallest group, responsible for
leadership, makes policy and plans while providing
general direction.
2. The Active Cadre- Responsible for carrying out the
mission of the terrorist organization
3. Active Supporters- Responsible in keeping the
terrorists in the field. They maintain communication
channels, provide safe houses, gather intelligence,
and ensure all other logistical needs are met.
4. Passive Supporters- The largest category in the
group. They do not readily join terrorist groups and
simply represent a favorable element of the political
climate.
Terrorist Financing
1. Zakat - The giving of alms for the poor
and needy, as prescribed by the Quran.
Zakat is the primary means within the
Muslim world for terror organizations to
“legitimately” receive money.
2. Islamic Banking
3. Hawala [Informal Funds Transfer (IFT)]
4. Money Laundering
The Al Qaeda
Arabic for “The Base” ; founded by Osama bin
Laden, Muhammed Atef, and Ayman al-Zawahiri to
continue the Jihad internationally.
Al Qaeda’s Organizational Structure
1. The Emir (Chief)
2. The Chief Counsel
3. Shura, or Consultation Council- A group of
seasoned terrorists and confidants kown as majilis al
shura who approve major decisions such as terrorist
attacks and the issuance of fatwas (edicts). The
council members play leadership roles in the
organization’s major committees, made up of lower-
ranking Al Qaeda members.
4. The Committees
a. The Military Committee- oversees recruitment,
war, training, and the purchase of the arms.
b. The Islamic Study Committee- makes rulings on
religious law and trains all recruits in the teachings of
the Koran and Jihad.
c. The Finance Committee- oversees corporate
holdings, including the travel office and several other
companies.
5. The Cells
The network of terrorist recruitment and training has
sites throughout the world. Each cell engages in
missions independent of the others, and the members
and activities of the other cells are kept secret.
 
Al Qaeda’s Leadership Structure

Emir
 
Chief Counsel to Emir
 
Consultation Council

Islamic Committee Military Committee Finance Committee


 

Cells
70,000 members in
more than 60 countries
around the world
 
 
The Islamic State Of Iraq And Syria (ISIS)
Formerly, the Islamic State of Iraq and the
Levant [ISIL], it is a self-proclaimed Islamic
State (IS) composed of  Sunni, extremist, jihadist
unrecognized state and caliphate based in Iraq
 and Syria.
Later on it was renamed as the Islamic State
of Iraq and Syria {[ISIS]
Arabic acronym Daʿish or Daesh
Founder: Abu Bakr al-Baghdadi
Known to his supporters as Amir al-Mu'minin
Caliph Ibrahim. Formerly known as Abu Du'a.
 Claiming descent from the Islamic prophet 
Muhammad, he is called Abu Bakr Al-Baghdadi
Al-Husseini Al-Qurashi.
Cause: To establish an Islamic state in Sunni-
majority regions of Iraq.
Following its involvement in the Syrian Civil War
however, this expanded to include controlling
Sunni-majority areas of Syria. It proclaimed a
worldwide caliphate on 29 June 2014, and Abu
Bakr al-Baghdadiwas named as its caliph, and
the group was renamed the Islamic State [IS]. 
LEGAL FRAMEWORK OF THE GOVERNMENT’S
CAMPAIGN AGAINST TERRORISM
 On July 3, 2020, President Rodrigo R. Duterte signed into
law Republic Act No. 11479 or The Anti- Terrorism Act of
2020 (“Anti-Terrorism Act”).
 The Anti-Terrorism Act repealed the Human Security Act of
2007 (“Human Security Act”), which was previously the
governing law on acts of terrorism in the Philippines. The
Anti-Terrorism Act took effect on July 22, 2020, fifteen (15)
days after its complete publication in the Manila Bulletin
on July 6, 2020.
As of August 6, 2020, twenty-five (25) petitions seeking to
declare the Anti-Terrorism Act unconstitutional, either
partially or in its entirety, have been filed with the Supreme
Court of the Philippines.
Salient Provisions of the Anti-Terrorism Act
The Acts of Terror
 Under the Anti-Terrorism Act, terrorism is committed by any person who, WITHIN
OR OUTSIDE of the Philippines, and regardless of the stage of execution:
o Engages in acts intended to cause death or serious bodily injury to any
person, or endangers a person’s life;
o Engages in acts intended to cause extensive damage or destruction to a
government or public facility, public place or private property;
o Engages in acts intended to cause extensive interference with, damage or
destruction to critical infrastructure;
o Develops, manufactures, possesses, acquires, transports, supplies or uses
weapons, explosives or of biological, nuclear, radiological or chemical
weapons; and
o Release of dangerous substances, or causing fire, floods or explosions

 when the purpose of such act, by its nature and context,


 is to intimidate the general public or a segment thereof, create an atmosphere
or spread a message of fear, to provoke or influence by intimidation the
government or any international organization, or seriously destabilize or destroy
the fundamental political, economic, or social structures of the country, or create
a public emergency or seriously undermine public safety.
Note:
 Terrorism, as defined above, shall NOT include advocacy,
protest, dissent, stoppage of work, industrial or mass
action, and other similar exercises of civil and political
rights, which are not intended to cause death or serious
physical harm to a person, to endanger a person’s life, or to
create a serious risk to public safety.
Specific Stages of Terrorism
1. Threat to commit terrorism;
2. Planning, Training, Preparing, and Facilitating
the commission of terrorism;
3. Conspiracy to commit terrorism;
4. Proposal to commit terrorism;
5. Inciting to commit terrorism;
6. Recruitment to and Membership in a terrorist
group; and
7. Providing Material Support to Terrorists.
Period and Coverage of Surveillance
 Under the Anti-Terrorism Act, the initial period of
surveillance which may be ordered by the CA, upon a
finding that any of the specified acts of terrorism has
been or is being committed, is sixty (60) days, which may
be renewed or extended for another non-extendible
thirty (30) days.
 The Anti-Terrorism Act also requires the law enforcement
agent or military personnel concerned to file an ex-parte
application with the CA for the issuance of an order to
compel telecommunications or internet service providers
to produce all customer information and identification
records, including call and text data records, content, and
other cellular or internet metadata, of any person
suspected of any of the crimes defined and penalized
under the law.
Designation and Freezing of Assets of Designated
Terrorist Individual, Groups Of Persons,
Organizations, or Associations
  The Anti-Terrorism Council (“ATC”), may “designate” as a
terrorist an individual, group of persons, organizations, or
associations, upon its own finding of probable cause that
such person/s commit, attempt to commit, or conspire in
the commission of the specified acts of terrorism.
 The assets of any designated individual, group,
organization, or association shall be subject to the Anti-
Money Laundering Council’s authority to freeze assets.
The freeze order shall be effective for a period not
exceeding twenty (20) days and may be extended up to
a period of not exceeding six (6) months upon the order
of the CA.
Detention Without Judicial Warrant Of Arrest
 Under the Anti-Terrorism Act, the police or law
enforcement officer who has taken custody of the person
suspected of terrorism may detain such person for a
period of fourteen (14) days from apprehension or arrest,
and the period of detention may be extended by a
maximum period of ten (10) days.
 The Anti- Terrorism Act does not require the presentation
of the person charged with or suspected of terrorism
before a judge prior to detention, but requires only that
the apprehending law enforcement agent or officer notify
the judge of the court nearest the place of apprehension
of the time, date, and manner of arrest, the location of the
detained suspect, and the physical and mental condition
of the suspect.
PENALTY FOR THE CRIME OF TERRORISM
Punishable Act Penalty

Commission of any of the following acts: Life imprisonment without


 engages in acts intended to cause death or serious bodily injury to any person or the benefit of parole
endangers a person’s life;
 engages in acts intended to cause extensive damage or destruction to a
government or public facility, public place, or private property;
 engages in acts intended to cause extensive interference with, damage, or
destruction to critical infrastructure;
 develops, manufactures, possesses, acquires, transports, supplies, or uses
weapons explosives or of biological, nuclear, radiological or chemical weapons;
and
 release of dangerous substances, or causing fire, floods or explosions
when the purpose of such act, by its nature and context, is to intimidate the general
public or a segment thereof, create an atmosphere or spread a message of fear, to
provoke or influence by intimidation the government or any international organization,
or seriously destabilize or destroy the fundamental, political, economic, or social
structures of the country, or create a public emergency or seriously undermine public
safety.
Conspiracy to commit terrorism Life imprisonment w/o parole

Recruitment to a terrorist organization Life imprisonment w/o


parole
Membership in a terrorist organization 12 years imprisonment

Planning, training, preparing, and facilitating the commission of terrorism (including Life imprisonment w/o
possessing objects or collecting or making documents connected with the preparation of parole
terrorism)

Threat to commit terrorism 12 years imprisonment

Proposal or inciting to commit terrorism 12 years imprisonment


HUMAN TRAFFICKING

Human Trafficking- the act of recruitment,


transport, transfer, harboring or receipt of a
person by such means as threat or use of
force or other forms of coercion, abduction,
fraud or deception for the purpose of
exploitation.
Human Smuggling- an act of illegally
entering of a person into a State, and it is
understood to include an element of
“consent” or willingness
Core Elements of the Concept of
Trafficking
1. The action of trafficking which
means the recruitment,
transportation, transfer, harboring
or receipt of persons;
2. The means of trafficking which
includes threat of or the use of
force, deception, coercion, abuse of
power or position of vulnerability;
3. The purpose of trafficking is always
exploitation.
Commonly Identified Form of
Exploitation
1. Sexual exploitation
2. Forced labor
3. Domestic servitude and forced
marriage;
4. Organ removal; and
5. Exploitation of children in begging,
the sex trade and warfare
Modalities of Trafficking
1. Recruitment- Methods vary, but
usually involve deception or
coercion. Generally, traffickers
target persons in harsh living
conditions with limited educational
and professional opportunities.
2. Transportation-Traffickers
facilitate travel including help
with border crossings, provision of
counterfeit documentation, bribing
officials, as required.
3. Control and Exploitation
a. Victims are compelled into slave-like
working conditions; trafficked women and
children are forced into prostitution.
b. Victims are kept in debt bondage, obliged
to pay back heavy debt arising out of the
cost of transport of fake documents, and
often have their passport and money
confiscated in order to control their
movements.
c. Women are found up in brothels.
d. In many cases, victims of trafficking and
even their relatives back home are
subjected to physical threats and
violence.
Note:
Human Trafficking victims are
sometimes sold and pass on among
various groups. This phenomenon
coined the expression “Countries
of Circulation,” i.e. a situation
where victims of trafficking, upon
arrival are being passed on among
traffickers and circulated for
exploitation in a number of
countries.
Anti-Trafficking in Persons Act Of 2003
[R.A. 9208] as Amended by R.A. 10364
The government’s campaign against human
trafficking in the Philippines is guided
by REPUBLIC ACT NO. 9208 (ACT TO
INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER) which was
enacted on May 26, 2003. However on
February 6, 2013, this law was amended by
R.A. 10364, known as the Expanded Anti-
Trafficking in Persons Act.
Penalties for the Crime of Trafficking in Persons
Act Penalty
Acts of Trafficking 20 years imprisonment and a fine of P 1 Million to P 2 Million
Attempted Trafficking 15 years imprisonment and a fine of P 500,000 to P 1 Million
Accomplice Liability 15 years imprisonment and a fine of P 500,000 to P 1 Million
Accessories 15 years imprisonment and a fine of P 500,000 to P 1 Million
Acts that Promote 15 years imprisonment and a fine of P 500,000 to P 1 Million
Trafficking
Qualified Trafficking Life imprisonment and a fine of P 2 Million to P 5 Million
Violation of Six (6) years imprisonment and a fine of P 500,000 to P 1 Million
Confidentiality
 Use of Trafficked Imprisonment of Prision Correccional or 6 months and 1 day to 6 years
Person and P50,000 to P100,000 fine

   
If involves sexual intercourse or lascivious conduct with a child:
 
 
-Imprisonment of Reclusion Temporal in its medium period to Reclusion
Perpetua and P500,000 to 1 Million fine

  If involves carnal knowledge of, or sexual intercourse with, a male or


female trafficking victim and also involves the use of force or
intimidation, to a victim deprived of reason or to an unconscious
victim, or a victim under 12 years of age:
   
-Imprisonment of Reclusion Perpetua or 20 years and 1 day to 40 years
and 1 Million to 5 Million fine

  If committed by a foreigner:
-Deportation after serving the sentence and permanently barred from  
entering the country
  If committed by Public Official:
-Dismissal from service, perpetual absolute disqualification in
addition to imprisonment and fine  
Persons May File Cases of Trafficking in
Persons
1. Any person, including a law
enforcement officer, who has personal
knowledge of the commission of the
offense;
2. The trafficked person or the
offended party;
3. Parents or legal guardians;
4. Spouse;
5. Siblings; or
6. Children.
The Inter-Agency Council Against Trafficking (IACAT)
Chairperson: Secretary of the Department of Justice
Co-Chairperson: Secretary of the Department of Social Welfare
and Development
Members:
1. Secretary, Department of Foreign Affairs;
2. Secretary, Department of Labor and Employment;
3. Secretary, Department of the Interior and Local Government;
4. Administrator, Philippine Overseas Employment Administration;
5. Commissioner, Bureau of Immigration;
6. Chief, Philippine National Police;
7. Chairperson, Philippine Commission on Women;
8. Chairperson, Commission on Filipinos Overseas;
9. Executive Director, Philippine Center for Transnational Crimes; and
10. Three (3) representatives from NGOs, who shall include one (1)
representative each from among the sectors representing women, overseas
Filipinos, and children, with a proven record of involvement in the
prevention and suppression of trafficking in persons, who shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
Investigation, Prosecution and Trial of the Crime
Of Trafficking in Persons
Closed-door investigation, prosecution or trial.
The name and personal circumstances of the
trafficked person or of the accused, or any
other information tending to establish their
identities and such circumstances or information
shall not be disclosed to the public.
Prescriptive Period of the Crime of Human
Trafficking
Trafficking cases under RA 9208 prescribes in
ten (10) years; Trafficking cases committed by a
syndicate or in a large scale prescribes in
twenty (20) years.
MONEY LAUNDERING
Money Laundering- Conversion or transfer of property
knowing that such property is derived from a criminal
offense, for the purpose of concealing or disguising its illicit
origin, or assisting any person who is involved in the
commission of such offense, or offenses, to evade legal
consequences of his action [1988 UN Vienna Convention].
The process of converting cash, or other property, which is
derived from the criminal activity, so as to give it the
appearance of having been obtained from a legitimate
source [Financial Action Task Force].
A crime whereby the proceeds of an unlawful activity as
herein defined are transacted, thereby making them appear
to have originated from legitimate sources [ Section 4 of
AMLA].
Historical Background of Money
Laundering
Money laundering originated in the 1920’s
when The American mafia owned Laundromats
which were cash businesses.
 Criminals then used this Laundromats to
hide illegal proceeds by investing said
money in the Laundromats business, or mixing
illicit funds with clean money.
In 1986, The United States passed the Money
Laundering Control Act (MLCA).
In 1988 the United Nations Convention
against Illicit Trafficking in Narcotic
Drugs and Psychotropic Substances (VIENNA
CONVENTION) made drug money laundering a
criminal offense
 In 1989 The G-7 Nations (France,
Germany, Italy, Japan, United
Kingdom, United States, and Canada)
formed the FINANCIAL ACTION TASK
FORCE (FATF) which were mandated to
devise international standards and
policies to combat money laundering.
And in 2000 the United Nations
Convention against Transnational
Organized Crime (PALERMO CONVENTION)
extended the legal definition of
money laundering to include all
serious crimes.
10 Finland ea 
FATF Present Me 11. France  
mbership 23. Luxembourg
12. Germany
24. Mexico
13. Greece
1. Argentina 25. Netherlands, Ki
14. Gulf Co-operati ngdom of
2. Australia on Council
3. Austria 26. New Zealand
15.Hong Kong,
4. Belgium 27. Norway
16. China
5. Brazil 28. Portugal
17. Iceland
6. Canada 29. Russian Federat
18. India ion
7. China 19. Ireland     30. Singapore
8. Denmark 20 Italy 31. South Africa
9. European Commi 21. Japan
ssion 32. Spain
22. Republic of Kor 33. Sweden
34. Switzerland
Money Laundering Process
1. Placement. The physical disposal of cash
proceeds derived from the unlawful
activity. The aim is to remove cash from
the location of acquisition to avoid
detection.
2. Layering. Separating illicit proceeds from
their source by creating complex layers of
financial transactions designed to disguise
the source of money, subvert the audit
trail and provide anonymity.
3. Integration. The final stage in the process
at which the money is integrated into
legitimate economic and financial systems
and is assimilated with all the other
assets in the system.
Money Laundering Methods
1. Mix dirty money with
legitimate funds
2. Use dirty money for
legitimate purposes
3. Invest dirty money
legitimate business
The Anti-Money Laundering Act
REPUBLIC ACT NO. 9160
Anti-Money Laundering Act of 2001, as
amended by RA 9194 , RA10167, & 10365)
Definition
Money laundering- a crime whereby the
proceeds of an unlawful activity
(predicate crime) are transacted,
thereby making them appear to have
originated from legitimate sources.
Money Laundering is committed as follows:
1. Any person who transacts or attempts to
transact with any monetary instrument knowing
that it involves or relates to the proceed of
an unlawful activity
2. Any person who facilitates the commission of
money-laundering as defined in no.1 by
knowingly performing or failing to perform an
act
3. Any person who fails to disclose and file a
report with AMLC of any instrument or property
as required under the law
Notes:
The law on money laundering have been
amended by the following legislations, to
wit:
1. R.A. 9194, which amended R.A. 9160,
took effect on 23 March 2003.
2. R.A. 10167, which further amended R.A.
9160, took effect on 07 July 2012.
3. R. A. 10365, which was signed by Pres.
Aquino on 15 February 2013.
International Initiatives Against Money
Laundering
1. The 1998 UN Vienna Convention- This
convention obliges signatories to:
1.1 Make money laundering a criminal offense
1.2 Provide for the extradition of persons
charged with money laundering offenses
2. The UN Drug Control Program- It
operationalize the Vienna Convention in
concrete terms, leading to the preparation of
three “Model Laws” on money laundering as model
legislation.
3. The UN Resolution 1373- It requires UN member
States to adopt tough measures against
terrorist financing and freeze assets of
terrorist organizations.
4. International Convention for the Suppression
of the Financing of Terrorism- It requires
each State party to take appropriate measures
for the detectionn and freezing, seizures or
forfeiture of terrorist funds
5. Asia Pacific Group on Money Laundering-
Ensures the adoption, implementation and
enforcement of AML standards set out in the
FATF 40 Recommendations.
6. The Council of Europe- It provides a
framework for cooperation within Europe in the
tracing and confiscation of illegal proceeds.
CRIMINAL INTELLIGENCE-BASED INVESTIGATION OF
ORGANIZED/ SYNDICATED CRIME GROUP

CRIMINAL INTELLIGENCE ON ORGANIZED/SYNDICATED


CRIME GROUP

List for Organized/Syndicated Crime Group

The Target List - Master reference list


outlining pertinent data on organized crime
groups.

Persons Included:

1. Those who are in “Priority/Wanted List”

2. Those who are in “Watch List”


The Wanted/Priority List- List consisting
of persons who can be directly subject
for arrest.

Person Included:

1. Must have an issued warrant of


arrest

2. Accused of either organized or


heinous crime.
Wanted List Format

1. Name/Alias- name and aliases used.

2. Last Known Address- recent known whereabouts.

3. Group Affiliation- if applicable, name of the group wherein the


person is a member or affiliated with.

4. Area of Operation/Main Base- areas where he is conducting


operations/harboring.

5. Position- if the person is a member of the group, his position.

6. Nature of Offense- criminal offense he is charged with.

7. Criminal Case Number- criminal case number.

8. Issuing Court- court which issued the warrant of arrest

9. Remarks- any other relevant information not mentioned above such


as whether there is a reward for the arrest, etc.

10. Photograph- photograph, if available


The Watch List- persons suspected to have
committed organized or heinous crimes based from
unverified reports and are subject for further
monitoring, investigation and case build-up.
Persons included are those who have been
implicated in:
1. Sworn statement of victims, witnesses and
arrested suspects;
2. Tactical interrogation/debriefing reports
3. Intelligence information and agent’s reports
4. Signed letter complaints; and
5. Other official reports
Watch List Format

1. Name/Alias- name and alias used by the person

2. Last Known Address- recent known whereabouts.

3. Group Affiliation- if applicable, name of the group wherein he is a


member or affiliated with.

4. Area of Operation/Main Base- area where he is conducting


operations/harboring

5. Position- if the person is a member of a group, indicate his


position.

6. Crime Committed/Involvement- crime where the person is suspected to


be involve and the nature of his involvement

7. References- particular reference which are the basis for his


inclusion in the watch list such as information reports, police
investigation reports, etc.

8. Photograph- photograph, if available.


Drawing of the Top Twenty Most Wanted
Persons From the Wanted List

Parameters:

1. Number of warrant of arrests

2. Gravity of offenses

3. Notoriety and extent of atrocious

activities of the person

4. Recidivism
THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME AND THE ROLE OF
INTERPOL IN THE GLOBAL CAMPAIGN AGAINST TRANSNATIONAL ORGANIZED
CRIME

The Philippine Center on Transnational Crime 

Legal Basis: Executive Order No. 62

Administrative Supervision & Control: Office of the President  

Functions: Formulate and implement a concerted program of action


of all law enforcement, intelligence and other government
agencies for the prevention and control of transnational crime.

Organization

Chairperson: President, through the Presidential Anti-Organized


Crime Commission (PAOCC); It is also supervised by SILG, who is
the Vice-Chair of PAOCC. Hence, The Executive Director of the
PCTC reports to the President through the SILG.
Coordinative Mechanism

1. Inter-Agency coordination through established


institutions such as the National Law Enforcement
Coordinating Committee (NALECC)

2. PCTC as INTERPOL Manila NCB Secretariat

General control and supervision of INTERPOL Manila NCB


Secretariat; serve as the liaison office and main
coordinating body for international police cooperation
against transnational crime representing all law
enforcement agencies in the Philippines [E.O 100 (May 7,
1999) and the Memorandum on the Implementation of E.O 100
(February 7, 2000)]

3. Coordination and information exchanges; and training


with local and international counterpart.
Functions as INTERPOL NCB Secretariat

a. Maintains Operation Center

b. Acts on request for information from member countries, local law


enforcement agencies and other government organizations.

c. Disseminates INTERPOL notices, media releases, requests for


investigative assistance and announcement of conference to
concerned bureaus, law enforcement agencies and other concerned
office.

Programs as INTERPOL NCB Manila Secretariat

1. 1-24/7 Expansion Program

2. INTERPOL "Red Notice" Project

3. Visa Check Project

4. Lost Passport Project

5. Fugitive Search Project


Other Functions

1.Designs programs and projects to


enhance capacity building in combating
Transnational Crime

2.Monitoring Body of the Country's


Compliance to the ASEAN Work Programs
to address Transnational Crime

3.Support to Policy-Making
The Role of INTERPOL in the Global Fight Against
Transnational Crimes

INTERPOL [International Criminal Police Organization]

An organization established to promote international


criminal police cooperation

Conceptualized way back in 1920's after a meeting of


the representatives of criminal police in 20 nations, which
discussed the apparent problem of phenomenal increase in
crimes on Europe that lead to the creation of the
International Police Commission which had its headquarters
in Vienna.

In 1956, the Commission Constitution was completed and


formally ratified and change the name into its present
International Criminal Police Organization, "INTERPOL".
Mission

 "To be the whole world pre-eminent police organization in


support of all organizations, authorities, and services
whose mission is preventing, detecting and suppressing
crimes".

Functions

1. Provides both a global perspective and a regional focus

2. Exchanges information that is timely, accurate, relevant


and complete

3. Facilitates international cooperation

4. Coordinates operational activities of the member


countries and making available know-how, expertise and
good practice.
Three Core Services

1. A unique global police communication


system

2. A range of criminal data bases and


analytical services

3. Proactive support for police


operations throughout the world.
Organizational Structure

1. General Assembly - make major decisions on the policy, budget, working


methods, finances and programs of activities of INTERPOL.

 Composed of delegated appointed by the government of member countries.

 Each member country represented has one vote.

2. Executive Committee - supervises the execution of the decisions of the


general assembly and the work of the secretary general.

 Have 13 members, the president (chair of the committee), 4 vice


presidents, and 8 delegates.
 Members are elected by the general assembly and should represent
different countries.
 The president and the four vice presidents must come from different
continents.
 The president is elected for 4 years term and vice presidents for 3
years term.
Cont. on Organizational Structure of INTERPOL

3. General Secretariat - implements decisions


and recommendations adopted by the two
governing bodies through Secretary General.

4. National Central Bureau - staffed with the


countries own police officers. These bureaus
become the single point contact for foreign
governments requiring assistance, which
oversees investigations and information on
the different police structures in other
countries.
 
Rules in its Campaign Against Terrorism

INTERPOL'S Two-Fold Rule in fighting


Terrorism

1.To prevents acts of international terrorism

2.If such acts are carried out, to ensure


that the perpetrators are brought to
justice which could be achieved by
exchanging information's with its member
countries through its source messaging
system and by arranging meetings of expert
to address the subject.
Fugitive Investigation

1. Circulation, on an international scope, notices


containing identification, details and judicial
information about wanted criminals.

2. Search for the arrest of fugitives.

3. Coordination and enhancement of an international


cooperation in the field.

4. Collection and dissemination best practice and expert


knowledge

5. Offering direct investigative support and specialized


knowledge

6. Development and promotion of best practices and


trainings.
The INTERPOL NOTICE SYSTEM
1. Red Notice – based on the national arrest warrants, are used to seek the
arrest and extradition of suspects. 
2. Blue Notice – used to seek information on the identity of persons or on
their illegal activities related to criminal matters.  
3. Green Notice – used to provide warning and criminal intelligence about
persons who have committed criminal offenses and who are likely to repeat
these crimes in other countries.
4. Yellow Notice – used to locate missing persons
5. Black Notice – used to determine the identity of deceased person.
6. Orange Notice – to warn of an event, a person, an object or a process
representing an imminent threat and danger to persons or property.
7. Purple Notice – issued to provide information on modus operandi,
objects, devices and concealment methods used by criminals. 
8. INTERPOL–United Nations Security Council Special Notice – is issued for
individuals and entities that are subject to UN sanctions.
“Lawless are they that
make their wills their
law.”

-William Shakespeare

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