You are on page 1of 295

TO HAVE KNOWLEDGE,

YOU MUST FIRST HAVE REVERENCE


TT

FOR THE LORD” (Proverbs 1:7)


ORGANIZED CRIME
INVESTIGATION
Organized Crime
It is a crime or form of illegal activity carried out
systematically by criminal organizations sometimes
called criminal enterprise or crime syndicates.

It also refers to the criminal organization itself.

It exists purposely to engage in illegal activities,


primarily for monetary profit.
General Types of Organized
Crime
Traditional

Non-traditional
Traditional Organized Crime
Includes:

Organized Crime Groups (OCG); and

Criminal Gangs
Organized Crime Group

OCG is 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.
(Philippines’ definition)
Criminal Gangs
Criminal Gang is a group of two (2) or more
persons who have a common identifying
sign or symbol and whose members
individually or collectively engage 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.
Non-Traditional Organized
Crime Group
Includes:

Terrorist Groups

Private Armed Groups


Terrorist Group

Considered as non-traditional organized


crime because its main objective is politically
or ideologically motivated.
Private Armed Group

A group of two or more people carrying firearms


which is being maintained by an individual, or an
assembly, to guard his own interests. (PNP)

Refer to those having firearms with the aim of


intimidating, coercing and sowing fear in favor of
certain politicians.(Administrative Order 275)
Characteristics of OCG
Its organization is highly structured and complex;

Itsmembers have infiltrated a vast variety of legitimate


resources;

High profile strength;

Highly sophisticated logistical support;

Highly specialized training and indoctrination;


Characteristics of OCG
It has well-entrenched and fluid
networks/connections;

Ithas tight operating linkages and influence with


law enforcement and other government agencies;

It usually bribes and corrupts public officials;


Characteristics of OCG
ItsModus Operandi is high Profile, difficult to
counter and uses violence and intimidation;

Its leaders attained high level of criminal


prominence, influence and linkages not only in
their AOR but also outside of its boundaries;

Its motive is organizational profit and advantage;


Characteristics of OCG
Its criminal activities/crimes are high profile,
sensational, large scale, diversified and have high
impact to the economy and national security; and

The time, duration and frequency of its


operations are long term, regularized and
widespread or transcend provincial, regional and
international political boundaries.
Characteristics of CG
Its organizational structure tends to have less
control over their members/loose connections;

Itsmembers may have previous petty crime


experiences;

Itsresources include basic criminal tools, with


minimal logistical support and its members have
minimum or no specific training and indoctrination;
Characteristics of CG
Itscriminal networking/connection is local (if any)
and has few or no operating linkages and influence
with the law enforcement, or other government
agencies;

Its Modus Operandi is less Corporate and


focuses attention on making money from specific
criminal activity; and

It has a specific territorial of operations.


Characteristics of CG
Its leader has low level of criminal prominence, influence
and linkages in their locality; (Known only from
financially/socially disadvantaged sector of society)

Its motive is profit and personal advantage;

Its criminal activities are focused on petty crimes and


perpetrated by hatred, vendetta, or if for profit, on a
particular crime such as kidnapping only or robbery;

The time, duration and frequency of its operations are


short term, irregular and limited to a specific area.
Typical Organized Crime Group
Activities
Drug trafficking
Human trafficking

Human smuggling

Illegal gambling

Loan-sharking

Money-laundering

Prostitution

Protection-racket
Typical Organized Crime Group
Activities
Extortion

Bribery

Corruption

Blackmail

Hijacking cargo trucks


Carjacking (for export or chop-chop)

Counterfeiting

Bootlegging
Typical Organized Crime Group
Activities
Buttlegging

Arms trafficking
Identity theft

Credit card scam

Bank Robbery

Cybercrime

Piracy

Kidnapping
Typical Organized Crime Group
Activities
Pornography

Investment scam
Classification of OCG

Transnational

National

Regional or Local
Transnational Organized Crime
Group
Refers to OCG whose illegal activities take
place across national borders.
National Organized Crime
Group
OCG whose operations or illegal activities
are carried out within a country.
Regional or Local Organized
Crime Group
Refer to those OCG that undertake their
illegal activities in a particular region, city or
town of a country.
Effects of Organized Crime
It undermines legitimate commerce;
It manipulates stock markets;
It steals merchandise;
It distributes drugs;
It controls labor unions; and
It enslaves innocent women and children.
Victims of Organized Crime

Business enterprises

Individuals

Government
Ponzi Scheme
Is a fraudulent investment operation that pays returns to its investors
from their own money or the money paid by subsequent investors,
rather than from profit earned by the individual or organization running
the operation.

The Ponzi scheme usually entices new investors by offering higher


returns than other investments, in the form of short-term returns that
are either abnormally high or unusually consistent.

Perpetuationof the high returns requires an ever-increasing flow of


money from new investors to keep the scheme going.
Ponzi Scheme
This scheme was used in the investment scam
that had just happened recently in Mindanao and
the Visayas carried out by the Aman Futures Group
founded and headed by Manuel Amalilio, a
Malaysian national.

The Ponzi Scheme is named after Charles Ponzi


who became notorious for using the technique
since 1920. He was an Italian businessman.
ORGANIZED CRIME IN ITALY
Organized Crime in Italy
Italy’s Mafia-like Organizations

Sicilian Mafia or the Cosa Nostra


Ndrangheta of Calabria
Camorra of Naples
Stida of Puglia (new)
Sacra Corona Unita (New)
Sicilian Mafia
Formed in mid-19th century by a group of bandits
and based primarily at Sicily.

In Sicily, the word Mafia tends to mean “manly”


and a Mafioso considers himself a “Man of Honor”.

The Sicilian Mafia is known as the “Cosa Nostra”


which mean “Our Thing” or “Our Affair”.
Sicilian Mafia

The Sicilian Mafia originally engaged in lower-level


activities such as extortion, cattle theft and fraud.

In the 1950’s, it became a big organization and was


engaged in heroin trafficking into Europe and the United
States.

SicilianMafia is said to be the lynchpin of organized crime


in the New World.
Sicilian Mafia
Today, the Sicilian Mafia has evolved into an
international organized crime group.

It specializes in heroin trafficking, political corruption and


military arms trafficking and is the most powerful and most
active Italian Organized Crime Group in the United
States with estimates of more than 2,500 Sicilian Mafia
affiliates located there.

It is also known to engage in arson, frauds,


counterfeiting, and other racketeering crimes.
Ndrangheta or Calabrian Mafia
‘Ndrangheta which was derived from the Greek
word andragathía meaning courage or loyalty was formed
in the 1850s.
It specializes in kidnapping and political corruption but

also engaged in cocaine (controlling up to 80% of that


flowing through Europe) and heroin trafficking, murder,
bombings, counterfeiting, illegal gambling, frauds, thefts,
labor racketeering, loansharking, illegal immigration, and
kidnapping.
'Ndrangheta presence in the United States (NY &
Florida) is estimated between 100 and 200 members and
associates.
Camorra
Camorra first appeared in the mid-1800s in Naples, Italy,
as a prison gang.

Camorra means gang. Once released, members formed


clans in the cities and continued to grow in power.

The Camorra is considered the second largest Italian


Organized Crime group with over 200 clans and
approximately 7,000 members.
Camorra
The Camorra specializes in cigarette smuggling and
receives payoffs from other criminal groups for any
cigarette traffic through Italy.

The Camorra conducts money laundering, extortion, alien


smuggling, robbery, blackmail, kidnapping, political
corruption, and counterfeiting.

Some believe it is now the strongest mafia in Italy.


Stidda
Called by the Italian Media as the “Fifth Mafia”.

Organized by criminals Giuseppe Croce Benvento and


Salvatore Calafato.

Its members can be identified by a tattoo of five greenish


marks arranged in a circle forming a star called “I punti
della malavita” or “the points of criminal life”.

Itmade itself an underworld player in the U.S., Canada


and Germany.
Sacra Corona Unita

Sacra Corona Unita, (SCU) or United Sacred Crown, is a Mafia-like


criminal organization originally founded in the late 1970s.

Originallypreying on Puglia's substantial wine and olive oil industries,


the group moved into fraud, gunrunning and drug trafficking and made
alliances with international criminal organizations such as the Russian
and Albanian mafias, Colombian drug cartels and Asian organizations.

Now, it specializes in smuggling cigarettes, drugs, arms, and people.


ORGANIZED CRIME
IN
JAPAN
YAKUZA
YAKUZA also known as GOKUDO are members of
traditional organized crime syndicates in Japan.

The Japanese police and the media call them


BORYODUKAN (“violence group”), while the yakuza call
themselves “NINKYO DANTAI” ("chivalrous organizations").

The yakuza are notorious for their strict codes of conduct


and very organized nature.
Yakuza
TheYakuza is composed of three (3) principal clans:
Yamaguchi-gumi (largest Yakuza Syndicate)
Sumiyoshi-kai
Inagawa-kai

The Yakuza operates in Japan, Asia and the U.S. with an


estimated 80,900 members in 2009.

They are engaged in criminal activities and/or legitimate


businesses.
Yakuza
The big boss in Yakuza is known as “Oyabun” or
“Kumicho” (Family head).

Loyalty and respect are a way of life in yakuza.

Yubitsume, or the cutting of one’s finger, is a form of


penance or apology.

Upon a first offence, the transgressor must cut off the tip
of his left little finger and give the severed portion to his
boss.
Yakuza
The Yakuza are not a secret society like their
counterparts of the Italian mafia and Chinese Triads.

They often have an office with a wooden board on the


front door, openly displaying their group name or emblem.

In general, they are not involved in theft, burglary, armed


robbery, or other street crimes.
Yakuza
Gambling and loan-sharking
Extortion and protection racket

Blackmail

Sex-related activities

Drug trafficking (except Yamaguchi-gumi)

Human trafficking

Arms smuggling into Japan

Money-laundering
Yakuza
Some yakuza groups are known to deal
extensively in human trafficking.

The Philippines, for instance, is a source of young


women. Yakuza trick girls from impoverished
villages into coming to Japan, where they are
promised respectable jobs with good wages.
Instead, they are forced into becoming prostitutes
and strippers.
Organized Crime in Mexico
Mexico’s Drug Cartels

Beltran Leyva Cartel


La Familia Michoacana Cartel

Gulf Cartel

Juarez Cartel

Knights Templar

Sinaloa Cartel

Tijuana Cartel

Los Zetas
Beltran Leyva Cartel
A Mexican drug cartel and organized crime syndicate founded by the four
Beltrán Leyva brothers: Marcos Arturo, Carlos, Alfredo and Héctor.

In 2004 and 2005, Arturo Beltrán Leyva led powerful groups of assassins to
fight for trade routes in northeastern Mexico for the Sinaloa Cartel. Through
the use of corruption or intimidation, the Beltrán Leyva Cartel was able to
infiltrate Mexico's political, judicial and police institutions to feed classified
information about anti-drug operations, and even infiltrated the Interpol office
in Mexico.

The Mexican Federal Police considers the cartel to have been disbanded, and
the last cartel leader, Héctor Beltrán Leyva, apparently has been inactive and
remains a fugitive; the U.S.A. is offering a US$5 million bounty for information
leading to his arrest, while the Mexican government is offering a US$2.1 million
bounty.
La Familia Michoacana
La Familia Michoacana is based in Michoacán. It was
formerly allied to the Gulf Cartel and Los Zetas, but split off
and became an independent organization.

In February 2010, La Familia forged an alliance with the


Gulf Cartel against Los Zetas and Beltrán Leyva Cartel.

The Attorney General in Mexico (PGR) stated that La


Familia Cartel was "exterminated" by mid-2011, but in the
process, a splinter group, the Knights Templar Cartel was
formed.
Gulf Cartel
This is based in Matamoros, Tamaulipas, and has been one of
Mexico's two dominant cartels in recent years.

In the late 1990s, it hired a private mercenary army (an enforcer
group now called Los Zetas).

In February 2010, their partnership was dissolved due to internal in


fighting.

During the presidency of Felipe Calderon, its leaders: Osiel Cardenas


Guillen, his brother Antonio Cardenas Guillen, Mario Alberto Cardenas
Guillen, and Jorge Eduardo Costilla Sanchez have all been captured and
incarcerated.
Juarez Cartel
The Juárez Cartel controls one of the primary
transportation routes for billions of dollars worth of illegal
drug shipments annually entering the United States from
Mexico.

Since 2007, the Juárez Cartel has been locked in a vicious


battle with its former partner, the Sinaloa Cartel, for control
of Ciudad Juárez.

 Vicente Carrillo Fuentes heads the Juárez Cartel.


Knights Templar Cartel
Created in Michoacán in March 2011 after the death of the
charismatic leader of La Familia Michoacana cartel, Nazario
Moreno González.

The Cartel is headed by Enrique Plancarte Solís and


Servando Gómez Martínez who formed the Knights Templar
due to differences with José de Jesús Méndez Vargas, who
had assumed leadership of La Familia Michoacana.
Sinaloa cartel
The Sinaloa Cartel began to contest the Gulf Cartel’s
domination of the coveted southwest Texas corridor
following the arrest of Gulf Cartel leader Osiel Cárdenas in
March 2003.

The cartel is led by Joaquín "El Chapo" Guzmán, Mexico's


most-wanted drug trafficker and whose estimated net
worth of US$1 billion makes him the 1140th richest man in
the world and the 55th most powerful, according to his
Forbes magazine profile.
Tijuana Cartel
Also known as the Arellano Felix Organization based in
Tijuana.

It was once among Mexico's most powerful and violent


criminal organization but due to infighting, arrests and the
deaths of some of its top members, it weakened.

After the arrest or assassination of various members of


the Arellano Felix clan, the cartel is currently headed by
Luis Fernando Sánchez Arellano, a nephew of the Arellano
Felix brothers.
Los Zetas Cartel
In 1999, Gulf Cartel leader Osiel Cardenas Guillen, hired a
group of 31 corrupt former elite military soldiers now
known as Los Zetas, who deserted from the Airmobile
Special Forces Group (GAFE) and the Amphibian Group of
Special Forces (GANFE) of the Mexican Army, and began
operating as a private army for the Gulf Cartel.

The Zetas have been instrumental in the Gulf Cartel's


domination of the drug trade in much of Mexico and have
fought to maintain the cartel's influence in northern cities
following the arrest of Osiel Cardenas.
ORGANIZED CRIME IN
CANADA
Organized Crime in Canada
Italian mafia
Hells Angels

Street gangs

The Bloods
The Crisps
Bikers gang
Indo-Canadian street gangs, Aboriginal street gangs,

motorcycle gangs, Black street gangs, Hispanic street


gangs, Asian street gangs and "multicultural" street gangs.
ORGANIZED CRIME IN CHINA
Triad
Triad refers to the many branches of Chinese criminal
organizations based in Hong Kong,
Vietnam, Macau, Taiwan, China, and also in countries with
significant Chinese populations, such as
the Philippines, Malaysia, Singapore, the United
States, Canada, Australia, New Zealand and the United
Kingdom.

The term "triad" was first coined by British authorities in


colonial Hong Kong, as a reference to the triads' use of
triangular imagery.
ORGANIZED CRIME IN
RUSSIA
Russian Mafia
The Russian mafia is a term used to refer to the collective
of various organized crime syndicates originating in the
former Soviet Union.

Most of the individual groups, known as Bratva


("brotherhood") or Vorovskoy mir ("thief in law, world"),
share similar goals and organizational structures that
define them as part of the loose overall association.
Solntsevskaya Bratva

Russia’s largest criminal group with about 5,000


members

Led by Sergie “Mikhas” Mikhailov

Named after the Solntsevo district


Dolgopruadnanskaya Gang

Russia's second largest criminal group.


Izmaylovskaya Gang

One of Russia's oldest modern gangs.

It was started in the mid- to late-1980s by Oleg Ivanov;

Ithas around 200–500 members in Moscow alone, and is


named after the Izmaylovo District.
Tambov Gang

Named after Tambov Oblast.

This group has been known to dominate


Saint Petersburg.
Orekhovskaya Gang
Founded by Segei "Sylvester" Timofeyev,
this group reached its height in Moscow in
the 1990s.

When Timofeyev died, Sergei Butorin took


his place. However, he was sentenced to jail
for life in 2011.
Odessa Mafia

The most prominent and dominant Russian


criminal group operating in the US;

Its headquarter is in Brighton Beach.


The Brothers’ Circle

Headed by Temuri Mirzoyev, this multi-ethnic transnational group is


"composed of leaders and senior members of several Eurasian criminal
groups largely based in countries of the former Soviet Union but
operating in Europe, the Middle East, Africa, and Latin America.”

In 2011, US President Barack Obama and his administration named it


one of four transnational organized crime groups that posed the
greatest threat to US national security, and sanctioned certain key
members and froze their assets. A year later, he extended the national
emergency against them for another year.
Semion Mogilevich Organization

Basedin Budapest, Hungary and headed by the crime boss of the


same name.

This group numbers approximately 250 members as of 1996.

Itsbusiness is often tied with that of the Solntsevskaya Bratva and


the Vyacheslav Ivankov Organization.
Other Criminal Groups
The Uralmash gang of Yekaterinburg.

The Mkhedrioni was a paramilitary group involved in


organized crime led by thief-in-law Jaba Ioseliani in 1990s
Georgia.

Armenian Power, or AP-13, is a California based crime


syndicate tied to Russian and Armenian organized crime.
Organized Crime in the United
States
Major Categories of Organized
Crime in the U.S.
La Cosa Nostra, Italian organized crime, and
racketeering;

Eurasian/Middle Eastern organized crime; and

Asian and African criminal enterprises.


Mara Salvatrucha
Mara Salvatrucha (MS or MS-13), formed in 1980s Los
Angeles by Salvadoran immigrant youth, is today one of
the largest street gangs in the United States and northern
Central America (Guatemala, El Salvador, and Honduras).

The FBI estimates that the group has spread across 42


U.S. states and comprises some fifty thousand members
world- wide, including nearly ten thousand in the United
States (FBI 2008).
Mara Salvatrucha
Lately, MS-13 has developed a reputation for extreme
brutality and apparently has mutated into a fast-expanding,
transnational organized crime network.

The FBI, for example, warned that MS-13 had evolved


from a federation of loosely structured cells into a more
cohesive and sophisticated organization engaged in retail
drug trafficking, rape, murder, extortion, auto theft, human
smuggling, and robbery (Swecker 2005).
The Bloods
Bloods refers to a loosely structured association of smaller
street gangs, known as “sets,” which has adopted a
common gang culture. Each set has its own leader and
generally operates independently from the others.

Most Bloods members are African American males,


although some sets have recruited female members as well
as members from other races and ethnic backgrounds.
Members range in age from early teens to mid-twenties,
however some hold leadership positions into their late
twenties and occasionally thirties.
The Bloods

The gang is widely known for its rivalry with the Crips.

They are identified by the red color worn by their


members and by particular gang symbols, including
distinctive hand signs.

Theirillegal activities include drug dealing, prostitution,


murder, etc
Hand Sign
The Crisps
The Crips are one of the largest and most violent
associations of street gangs in the United States, with an
estimated 30,000 to 35,000 members.

The gang is known to be involved in murders, robberies,


and drug dealing, among many other criminal pursuits.

The gang is known for its gang members' use of the color
blue in their clothing. However, this practice has waned due
to police crackdowns on gang members.
The Crisps
Eurasian/Middle Eastern
organized crime
Considered by the FBI to be the top organized crime
threat to the U.S.

These groups emerged in the U.S. in the late 1970s and


became more prevalent and active in 1991 following the
collapse of the Soviet Union.

They are involved in extortion, abduction, human


smuggling, prostitution, drug trafficking, and theft, as well
as white-collar criminal activities including money
laundering and fraud of various types.
Asian Organized Crime
Asian organized crime in the U.S. includes Triads, Yakuza,
tongs and other street gangs like the Big Circle and the Fuk
Ching.

They derive most of their profits from drugs and human


trafficking.

They are also involved in money-laundering,


counterfeiting, fraud, kidnapping and theft of autos,
software and clothing.
Asian Organized Crime

They are active in Boston, Chicago, Honolulu, Las Vegas,


Los Angeles, New Orleans, New York, Newark, Philadelphia,
Portland, San Francisco, Seattle and Washington DC.
TRANSNATIONAL CRIME
Definitions of Transnational
Crimes
Crimes that have actual or potential effect across national borders and
crimes which are intra-State but which offend fundamental values of
the international community.

It refers to certain criminal phenomena transcending international


borders, transgressing the laws of several states, or having an impact
on another country.

It covers offenses whose inception, prevention and/or direct or


indirect effects involve more than one country.

In other words, it is an offense that has an international dimension


and involves crossing of at least one border before, during or after the
fact.
Nature of Transnational Crimes
It involves groups or networks of individuals
working in more than one country to plan and
execute illegal business ventures.

In order to achieve their goals, these criminal


groups utilize systematic violence and corruption.
The Threat of Transnational
Crime
According to Louise I. Shelley, Director of the Terrorism,
Transnational Crime and Corruption (TraCCC) Center at
George Mason University -

Terrorists and transnational crime groups will proliferate


because these crime groups are major beneficiaries of
globalization.

They take advantage of increased travel, trade, rapid


money movements, telecommunications and computer
links, and are well positioned for growth.
GOVERNMENT’S RESPONSE
TO TRANSNATIONAL CRIME
The Philippine Center for
Transnational Crime
The PCTC was established under EO 62 on January 15,
1999 and was supplemented by EO 100 in May, 1999.

Generally, the PCTC was created to address the global


threat to national and international security; and
specifically to strengthen the operational, administrative
and information support system especially for law
enforcement agencies in combating transnational crime.
PCTC

It is mandated to provide a shared central


database among agencies for information on
criminals, methodologies, arrests, and convictions
involving transnational crimes and other crimes
that have an impact on the stability and security of
the country.
Specific Functions of PCTC
 Supervise and control conduct of anti-transnational
crime operations;

 Establish a central database on national as well as


international legislations and jurisprudence on
transnational crime;

 Formulate strategies for the prevention and detection


of transnational organized crime and for the
apprehension of criminal elements involved;
Specific Functions of PCTC
 Design programs and projects aimed at enhancing
national capacity-building in combating transnational
crime, and support related programmes and projects
of other ASEAN and international Centers; and

 Explore and coordinate information exchanges and


training with other government agencies, foreign
countries and international organizations involved in
the combat against transnational crime.
The Comprehensive Program on
Combating Transnational Crime
The Philippine CPCTC is embodied under
Executive Order No. 26 signed by the former
President Gloria Arroyo on January 23, 2004 that
also created the position/office of the “Special
Envoy on Transnational Crime.

EO No. 26 defines the approach and institutional


mechanism of the government’s fight against
transnational crime.
Special Envoy on Transnational
Crime
The SETC has given the rank of Ambassador Extraordinary
and Plenipotentiary.

The SETC is mandated to:

 Set policy directions and program design standards;

 Advise the President on all matters regarding transnational


crime; and

 Represent the Philippine government in regional and


international fora that deal with transnational crime.
Functions of OSETC
The oversight body of government on all transnational
organized crime (TOC) matters;

The national focal point in policy-making to ensure a


sound legal framework for Philippine commitments to
international agreements or instrumentalities; and

The lead agency under the President for coordinating,


integrating, harmonizing, monitoring and evaluating the
efforts of government especially of law enforcement
agencies involved in the campaign against TOC.
Support Agency to the SETC

The Philippine Center on Transnational Crime (PCTC) shall


provide technical, operational and administrative support to
the SETC.
Categories of Transnational
Crime covered in the CPCTOC
Trafficking in Persons
Illegal drug trafficking

Arms smuggling

Money laundering

Sea piracy

Cybercrime

Terrorism

Economic crime

Environmental crime

Intellectual property theft

Smuggling of cultural property


Trafficking in Person
Itinvolves the recruitment, transport, harbouring, or sale
of persons, within or across national borders, for the
purpose of exploiting their labour.

Trafficked persons are forced into prostitution, domestic


servitude, bonded sweatshop labour, and other kinds of
work or slavery-like practices.

Trafficked persons are also victims of organ removal and


sale.
Tactics of Human Trafficking

Deception
Fraud
Intimidation
Threat
Physical force
Debt bondage
Victims of Human Trafficking
Women and children are typically the victims of
trafficking.

They are recruited with promises of decent jobs in foreign


countries or provinces.

However, instead of having decent jobs, trafficked women


and children find themselves placed in situations of force
labor and prostitution
Republic Act 9208

Trafficked persons”

The Philippine law that defines and


penalizes human trafficking.
Categories of Human Trafficking

Acts of trafficking in persons;

Acts that promote trafficking in persons;


and

Qualified trafficking in persons.


Trafficking in Person

(a) To recruit, transport, transfer, harbour,


provide, or receive a person by any means,
including those done under the pretext of domestic
or overseas employment or training or
apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labour,
slavery, involuntary servitude or debt bondage;
Trafficking in Person
(b) To introduce or match for money, profit, or
material, economic or other consideration, any
person or, as provided for under Republic Act No.
6955, any Filipino woman to a foreign national, for
marriage for the purpose of acquiring, buying,
offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation,
forced labour, slavery, involuntary servitude or debt
bondage;
Trafficking in Person

(c) To offer or contract marriage, real or


simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
exploitation, forced labour or slavery,
involuntary servitude or debt bondage;
Trafficking in Person

(d) To undertake or organize tours and travel plans


consisting of tourism packages or activities for the
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in


prostitution or pornography;
Trafficking in Person
(f) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation,
forced labour, slavery, involuntary servitude or debt
bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by


means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale
of organs of said person; and

(h) To recruit, transport or adopt a child to engage in


armed activities in the Philippines or abroad.
Acts that promote Human
Trafficking
(a) To knowingly lease or sublease, use or
allow to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
Acts that promote Human
Trafficking
(b) To produce, print and issue or distribute unissued,
tampered or fake counselling certificates, registration
stickers and certificates of any government agency which
issues these certificates and stickers as proof of compliance
with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in
persons;
Acts that promote Human
Trafficking
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any
means, including the use of information technology
and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in
persons;
Acts that promote Human
Trafficking
(d) To assist in the conduct of misrepresentation or fraud
for purposes of facilitating the acquisition of clearances and
necessary exit documents from government agencies that
are mandated to provide pre-departure registration and
services for departing persons for the purpose of
promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of


persons from/to the country at international and local
airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in
persons;
Acts that promote Human
Trafficking
(f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to prevent
them from leaving the country or seeking redress from the
government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or


make use of, the labour or services of a person held to a
condition of involuntary servitude, forced labour, or slavery.
Qualified Trafficking in Person
(a) When the trafficked person is a child;

(b) When the adoption is effected through


Republic Act No. 8043, otherwise known as the
"Inter-Country Adoption Act of 1995" and said
adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labour,
slavery, involuntary servitude or debt bondage;
Qualified Trafficking in Person
(c) When the crime is committed by a syndicate, or in large
scale.

Trafficking is deemed committed by a syndicate if carried


out by a group of three (3) or more persons conspiring or
confederating with one another.

It is deemed committed in large scale if committed against


three (3) or more persons, individually or as a group;
Qualified Trafficking in Person
(d) When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person or when the
offense is committed by a public officer or
employee;

(e) When the trafficked person is recruited to


engage in prostitution with any member of the
military or law enforcement agencies;
Qualified Trafficking in Person
(f) When the offender is a member of the military
or law enforcement agencies; and

(g) When by reason or on occasion of the act of


trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted
with Human Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome (AIDS).
Distinction between Human Trafficking and Human
Smuggling
Human Trafficking
 Usually involves coercion
 Characterized by subsequent exploitation after the
illegal entry of a person into a foreign country
 Considered a human rights issue

Human Smuggling
 Usually does not involve coercion
 Characterized by facilitating, for a fee, the illegal
entry of a person into a foreign country
 Considered a migration concern
DRUG TRAFFICKING
Drug Trafficking

Refers to illegal cultivation, culture,


delivery, administration, dispensation,
manufacture, sale, trading, transportation,
distribution, importation, exportation and
possession of any dangerous drug and/or
controlled precursor and essential chemical.
Republic Act No. 9165

RA 9165 is known as the Philippine Comprehensive


Dangerous Drugs Act of 2002

It is signed by President Arroyo on June 7, 2002 and it


took effect on July 4, same year

Itamended RA 6425, otherwise known as the Dangerous


Drugs Act of 1972
RA 9165
It defines more concrete courses of action for the national
anti-drug campaign and imposes heavier penalties to
offenders

Itcreates the Philippine Drug Enforcement Agency (PDEA)


under the Office of the President.

It abolished the National Drug Law Enforcement and


Prevention Coordinating Center, Philippine National Police
Narcotics Group (PNP Nargrp), National Bureau of
Investigation Narcotics Unit (NBI NU), and the Customs
Narcotics Interdiction Office (CNIO).
Extent of Illegal Drugs in the
Philippines
RP is a producer, exporter and consumer of
cannabis plant-based drugs (Marijuana,
hashish, et., al.)

RP is an importer and consumer of


synthetic drugs, in particular
methamphetamine hydro-chloride (Shabu)
Extent of Illegal Drug Activities in
the Philippines
RP is a transit point for the international
trade in heroin and cocaine

RP is being used as a recreation haven,


and a hiding place for international drug
syndicates, some of whom envision it as a
regional headquarters in the near future
Philippine Drug Enforcement
Agency
Established by Republic Act 9165, in 2002;

It is the leading anti-drugs agency in


the Philippines, under the supervision of
the Dangerous Drug Board, which in turn, is
under the Office of the President of the
Philippines.
PDEA
Itis tasked with the enforcement of the penal
and regulatory provisions of RA 9165.

All other agencies in the Philippines, such as


the Philippine National Police, the National Bureau
of Investigation, and the Bureau of Customs
Enforcement Service, must inform and coordinate
any anti-drug operations with the PDEA.
PDEA
The PDEA is led by a Director General with the rank of
Undersecretary and appointed by the President.

The DG is assisted by two (2) deputies, one for


Administration and one for Operations, also appointed by
the President.

The more prominent units within the PDEA are


the intelligence and investigation, plans and operations,
and the legal and prosecution services.
PDEA

The PDEA absorbed the the Secretariat of


the National Drug Law Enforcement and
Prevention Coordinating Center created by
EO No. 61 issued on January 15, 1999.
Task Forces under the PDEA

PNP Anti-Illegal Drug Special Operations Task Force (PNP-


AIDSOTF)

NBI Anti-Illegal Drug Task Force (NBI-AIDTF)

Customs Task Group/Force in Dangerous Drugs and


Controlled Chemicals (CTGFDDCC)
PDEA
The basic qualifications for becoming a
Drug Enforcement Officer are as follows: 21
to 35 years of age, a college degree holder,
has passed the Civil Service Professional
Exam, and physically fit.
Dangerous Drugs Board
The Dangerous Drugs Board is a
Philippine government agency that makes
policies, strategies and programs on drug
prevention and control.

The board is managed under the Office of


the President.
Composition of the Board

The Board is composed of seventeen (17)


members wherein three (3) of which are
permanent members, the other twelve (12)
members shall be in an ex officio capacity
and the two (2) shall be regular members.
Permanent Members
The three (3) permanent members, who shall possess at
least seven-year training and experience in the field of
dangerous drugs and in any of the following fields: in law,
medicine, criminology, psychology or social work, shall be
appointed by the President of the Philippines.

The President shall designate a Chairman, who shall have


the rank of a secretary from among the three (3)
permanent members who shall serve for six (6) years.
Regular Members

Of the two (2) other members, who shall both


have the rank of undersecretary, one (1) shall
serve for four (4) years and the other for two (2)
years. Thereafter, the persons appointed to
succeed such members shall hold office for a term
of six (6) years and until their successors shall
have been duly appointed and qualified.
Two (2) Regular Members
The two (2) regular members shall be as follows:

(a) The president of the Integrated Bar of the


Philippines; and

(b) The chairman or president of a non-government


organization involved in dangerous drug campaign to be
appointed by the President of the Philippines.
Ex-Officio Members
DOJ Secretary or his/her representative;
DOH Secretary or his/her representative;
DND Secretary or his/her representative;
DOF Secretary or his/her representative;
DOLE Secretary or his/her representative;
DILG Secretary or his/her representative;
DSWD Secretary or his/her representative;
DFA Secretary or his/her representative;
DepEd Secretary or his/her representative;
CHED Chairman or his/her representative;
Chairman of the National Youth Commission;
PDEA Director General
Permanent Consultants of the
Board

NBI Director

PNP Chief
MONEY-LAUNDERING
Definition
“Money Laundering” is a crime whereby the proceeds of
an unlawful activity are transacted, thereby making them
appear to have originated from legitimate sources. (RA
9160, the Philippine Anti-Money Laundering Act of 2001)

Inother words, it is the process of legitimizing “ill-gotten


wealth”.

Thus, the process of money laundering involves


disguising of illegal assets, converting them into legal
gains, and removing them from access by the criminal
justice system while retaining their economic value.
Republic Act 9160

Known as the Philippine Anti-Money


Laundering Act of 2001.

It
defines and penalizes the crime of
Money-laundering.
Purpose of RA 9160

To protect and preserve the integrity and


confidentiality of bank accounts; and

To ensure that the Philippines shall not be


used as a money-laundering site for the
proceeds of any unlawful activity.
Foreign Policy

The State shall extend cooperation in


transnational investigations and
prosecutions of persons involved in money-
laundering activities wherever committed.
How Money-Laundering is
Committed
1. Any person knowing that any monetary
instrument or property represents, involves,
or relates to the proceeds of any unlawful
activity, transacts or attempts to transact
said monetary instrument or property;
(Penalty: 7-14 yrs imprisonment/nlt 3Mfine)
How ML is committed
2. Any person knowing that any monetary
instrument or property involves the
proceeds of any unlawful activity, performs
or fails to perform any act as a result of
which he facilitates the offense of “ML”
referred to in number 1
( Penalty: 4-7 yrs imprisonment/nlt 1.5M-
nmt 3Mfine); and
How ML is committed
2. Any person knowing that any monetary
instrument or property involves the
proceeds of any unlawful activity, performs
or fails to perform any act as a result of
which he facilitates the offense of “ML”
referred to in number 1
( Penalty: 4-7 yrs imprisonment/nlt 1.5M-
nmt 3Mfine); and
Covered Transaction
In excess of 4 Million Pesos (RA 9160)

‘Covered transaction' is a transaction in


cash or other equivalent monetary
instrument involving a total amount in
excess of Five hundred thousand pesos (PhP
500,000.00) within one (1) banking day. (RA
9194)
Jurisdiction
The REGIONAL TRIAL COURT (RTC) shall
have jurisdiction to try all cases on Money-
laundering.

Those committed by public officers and


private persons who are in conspiracy shall
be under the jurisdiction of the
SANDIGANBAYAN.
Composition of the AMLC

Chairman – Central Bank Governor


Members:
Insurance Commissioner
SEC Chairman
Amendment

Some provisions of RA 9160 was amended


by RA 9194 signed on March 7, 2003.
CYBERCRIME
Saying

“The modern thief can steal more with a


computer than with a gun.....

Tomorrow’s terrorist may be able to do


more damage with a keyboard than a
bomb.”
Definition
Cybercrime - is a criminal act that is performed with the
aid of a computer. It is an illegal activity committed in the
internet.

Itis a broad term that describes everything from


electronic cracking to denial of service attacks that cause
electronic commerce sites to lose money.

Illegalactivities like e-mail espionage, credit card fraud,


spams, software piracy, and so on which invade our privacy
and offend our senses.
Types of Cybercrime

Cybercrimes against persons

Cybercrimes against property

Cybercrimes against government


Cybercrimes against Person
Obscene material and pornography: The selling, posting
and distributing of obscene material such as pornography,
indecent exposure, and child pornography;

Cyber stalking: The act of using a computer and the


internet to continually attempt to conduct and/or intimidate
another person;

Cyber harassment: The harassment of a person through


electronic mail, on chat sites, or by printing information
about the person on websites.
Cybercrimes against Property
Hacking: The act of using programming abilities with
malicious intent;

Cracking:The act of using programming abilities in an


attempt to gain unauthorized access to a computer or
network;

Piracy:Copying and distributing software or other items


belonging to someone else over the Internet;

Computer Vandalism: The creation and transmission of


harmful computer programs (Viruses)
Cybercrimes against the
Government
Cyber terrorism: The use of computer and/or the Internet
to further political goals of terrorism against a country and
its citizens.

This crime manifests itself into terrorism when an


individual “cracks” into a government or military
maintained website.

Internet is being used by terrorist organizations in


communicating with their operatives, in collecting
contributions from their symphatizers all over the world,
and using the medium for intra-bank transfer of funds.
Kinds of Cybercrime

Unauthorized access to a computer or network;

Creation and dissemination of harmful computer programs


which do irreparable damage to computer system;

Software piracy – distributing illegal and unauthorized


pirated copies of software.
Republic Act 10175

known as the “Cybercrime Prevention Act


of 2012”.

It defines cybercrime, provides for its


prevention, investigation, suppression and
imposition of penalties for any violation
thereof.
Cybercrime Offenses

Offenses against the confidentiality,


integrity and availability of computer data
and systems;
Computer-related Offenses;

Content-related Offenses; and

Other Offenses.
OFFENSES AGAINST THE CONFIDENTIALITY,
INTEGRITY AND AVAILABILITY OF COMPUTER DATA
AND SYSTEMS

(1) Illegal Access


(2) Illegal Interception
(3) Data Interference
(4) System Interference
(5) Misuse of Devices
(6) Cyber-squatting
There are essentially four types
of cybercrime warrants:
• (a) Warrant to Disclose Computer Data
(WDCD);
• (b) Warrant to Intercept Computer Data
(WICD);
• (c) Warrant to Search, Seize, and Examine
Computer Data (WSSECD); and
• (d) Warrant to Examine Computer Data
Illegal Access

The access to the whole or any part of a computer system


without right.
Illegal Interception

The interception made by technical means


without right of any non-public transmission of
computer data to, from, or within a computer
system including electromagnetic emissions from a
computer system carrying such computer data.
Data Interference

The intentional or reckless alteration, damaging,


deletion or deterioration of computer data,
electronic document, or electronic data message,
without right, including the introduction or
transmission of viruses.
System Interference

The intentional alteration or reckless hindering or


interference with the functioning of a computer or
computer network by inputting, transmitting, damaging,
deleting, deteriorating, altering or suppressing computer
data or program, electronic document, or electronic data
message, without right or authority, including the
introduction or transmission of viruses.
Misuse of Devices
(i)The use, production, sale, procurement, importation, distribution,
or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted


primarily for the purpose of committing any of the offenses under this
Act; or
(bb) A computer password, access code, or similar data by which the

whole or any part of a computer system is capable of being accessed


with intent that it be used for the purpose of committing any of the
offenses under this Act.

(ii)
The possession of an item referred to in paragraphs 5(i)(aa) or
(bb) above with intent to use said devices for the purpose of
committing any of the offenses under this section.
Cyber-Squatting
The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering
the same, if such a domain name is:

(i)Similar, identical, or confusingly similar to an existing trademark


registered with the appropriate government agency at the time of the
domain name registration:

(ii)
Identical or in any way similar with the name of a person other
than the registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.


COMPUTER-RELATED OFFENSES

Computer-related Forgery
Computer-related Fraud

Computer-related Identity Theft


Computer-related Forgery
(i)The input, alteration, or deletion of any computer data
without right resulting in inauthentic data with the intent
that it be considered or acted upon for legal purposes as if
it were authentic, regardless whether or not the data is
directly readable and intelligible; or

(ii)The act of knowingly using computer data which is the


product of computer-related forgery as defined herein, for
the purpose of perpetuating a fraudulent or dishonest
design.
Computer-related Fraud

The unauthorized input, alteration, or deletion of


computer data or program or interference in the
functioning of a computer system, causing damage
thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
Computer-related Identity Theft

The intentional acquisition, use, misuse, transfer,


possession, alteration or deletion of identifying
information belonging to another, whether natural
or juridical, without right: Provided, That if no
damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
CONTENT-RELATED OFFENSES

Cybersex

Child Pornography
Unsolicited Commercial Communications

Libel
Cybersex

The willful engagement, maintenance, control, or


operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with
the aid of a computer system, for favor or
consideration.
Child Pornography

The unlawful or prohibited acts defined and


punishable by Republic Act No. 9775 or the Anti-
Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to
be imposed shall be (1) one degree higher than
that provided for in Republic Act No. 9775.
Unsolicited Commercial
Communications
The transmission of commercial electronic communication
with the use of computer system which seek to advertise,
sell, or offer for sale products and services are prohibited
unless:

(i) There is prior affirmative consent from the recipient; or

(ii)The primary intent of the communication is for service


and/or administrative announcements from the sender to
its existing users, subscribers or customers; or
Unsolicited Commercial
Communications
(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple,


valid, and reliable way for the recipient to reject. receipt of further
commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely


disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely


include misleading information in any part of the message in order to
induce the recipients to read the message.
Libel

The unlawful or prohibited acts of libel as defined


in Article 355 of the Revised Penal Code, as
amended, committed through a computer system
or any other similar means which may be devised
in the future.
OTHER OFFENSES

(a) Aiding or Abetting in the Commission of Cybercrime. –


Any person who willfully abets or aids in the commission of
any of the offenses enumerated in this Act shall be held
liable.

(b) Attempt in the Commission of Cybercrime. — Any


person who willfully attempts to commit any of the
offenses enumerated in this Act shall be held liable.
ENFORCEMENT AND
IMPLEMENTATION OF RA 10175
The National Bureau of Investigation (NBI) and
the Philippine National Police (PNP) shall be
responsible for the efficient and effective law
enforcement of the provisions of this Act.

The NBI and the PNP shall organize a cybercrime


unit or center manned by special investigators to
exclusively handle cases involving violations of this
Act.
JURISDICTION

The Regional Trial Court shall have jurisdiction


over any violation of the provisions of RA 10175
including any violation committed by a Filipino
national regardless of the place of commission.
OFFICE OF CYBERCRIME AT THE
DOJ

There is hereby created an Office of


Cybercrime within the DOJ designated as
the central authority in all matters related to
international mutual assistance and
extradition.
CYBERCRIME INVESTIGATION AND
COORDINATING CENTER

RA 10175 created an inter-agency body to be known as


the Cybercrime Investigation and Coordinating Center
(CICC), under the administrative supervision of the Office
of the President, for policy coordination among concerned
agencies and for the formulation and enforcement of the
national cybersecurity plan.
COMPOSITION OF CICC
Executive Director of the Information and
Communications Technology Office, DOST as Chairperson
NBI Director as Vice Chairperson

Members:

PNP Chief ;
Head of the DOJ Office of Cybercrime; and
One (1) representative from the private sector and
academe.
CICC Secretariat

The CICC shall be manned by a secretariat


of selected existing personnel and
representatives from the different
participating agencies.
POWERS AND FUNCTIONS OF
CICC
(a)To formulate a national cybersecurity plan and extend
immediate assistance for the suppression of real-time
commission of cybercrime offenses through a computer
emergency response team (CERT);

(b) To coordinate the preparation of appropriate and


effective measures to prevent and suppress cybercrime
activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by


participating law enforcement and prosecution agencies;
POWERS AND FUNCTIONS OF
CICC
(d) To facilitate international cooperation on intelligence,
investigations, training and capacity building related to
cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the


business sector, local government units and
nongovernment organizations in cybercrime prevention
programs and other related projects;

(f) To recommend the enactment of appropriate laws,


issuances, measures and policies;
POWERS AND FUNCTIONS OF
CICC
(g) To call upon any government agency to render
assistance in the accomplishment of the CICC’s mandated
tasks and functions; and

(h) To perform all other matters related to cybercrime


prevention and suppression, including capacity building and
such other functions and duties as may be necessary for
the proper implementation of this Act.
GLOBAL TERRORISM
Definition of Terrorism

It is the illegal use or the threat of use, of


anxiety-inducing unusual violence for
political purposes by individual or groups
(either acting for or against a government)
intended to influence the behaviour and/or
attitudes of a target group wider than the
immediate victims.
Definition of Terrorism (RA 9372)
Any person who commits an act punishable under any of
the following provisions of the Revised Penal Code:
 Article 122 (Piracy in General and Mutiny in the

High Seas or in the Philippine Waters);


 Article 134 (Rebellion or Insurrection);

 Article 134-a (Coup d‘Etat), including acts

committed by private persons;


 Article 248 (Murder);

 Article 267 (Kidnapping and Serious Illegal

Detention);
 Article 324 (Crimes Involving Destruction),
Terrorism
or under
 Presidential Decree No. 1613 (The Law on Arson);
 Republic Act No. 6969 (Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990);
 Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968);
 Republic Act No. 6235 (Anti-Hijacking Law);
 Presidential Decree No. 532 (Anti-piracy and Anti-highway
Robbery Law of 1974); and,
 Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
Terrorism

thereby sowing and creating a condition of widespread


and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall
suffer the penalty of forty (40) years of imprisonment,
without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence
Law, as amended.
Perspective of Terrorism
Views about Terrorism

Terrorists viewed themselves as freedom


fighters.

For the victims and others, they see the


terrorists as criminals with no regard for
human life.
Kinds of Terroristic Activities

Bombings
Kidnappings
Assassinations
Hijackings
Genocide
Arsons
Barricaded/hostage situations
Categories of Terrorists

Crusaders

Criminals

Crazies
Crusaders

Terrorists who are ideologically and


politically inspired, and want prestige and
power for a collective goal of higher course.
Criminals

Terrorists whose motive is for personal


gains
Crazies

Mentally-illpersons who make terroristic


acts during or on a period of psychiatric
disturbances. They are unpredictable and
impulsive.
Description of Terrorism

Both a tactic and strategy;

A crime and a holy duty;

A justified reaction to oppression; and

An inexcusable abomination.
MAJOR KNOWN TERRORIST GROUPS
IN THE WORLD
Abu Nidal Organization (ANO) – Militant Palestinian group split from
the PLO in 1974. Has carried out terrorist acts in twenty countries –
including the US, UK and Israel – claiming 900 lives;

Abu Sayyaf Group (ASG) – Islamic group fighting for an Islamic


state on the island of Mindanao in the Philippines;

Algerian Tahir bin Ammar al-yusifi – Group responsible for plotting to


blow up a terminal at JFK Airport in New York City, as well as other
targets, during the winter of 2003;
Armed Islamic Group (AIG) – Islamic extremist group
fighting to replace the current regime in Algeria with an
Islamic state;

Aum Shinrikyo AUM) – Japanese religious sect. Carried


out sarin gas attacks in the city of Matsumoto, Japan in
1994;
RA 10364
Known as the “Expanded Anti-Trafficking in
Persons Act of 2012.

An Act expanding RA 9208, entitled: An 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
purposes.
ECONOMIC CRIME
Definition

Economic Crime is referred to as commercial or


corporate crimes.

It is known also as “white collar” crimes.

Some authors called it consumer crimes while


others termed it as financial crimes.
Commercial Crime
It is any act characterized by fraud, concealment, or a
violation of trust and are not dependent upon the
application or threat of physical force or violence.

Fraud simply means deceiving a person or company to get


goods and money through forgery.

Itis caused by greed, common criminality and uncertainty


about employment.
Fraud
An intentional misrepresentation of material
existing fact made by one person to another with
knowledge of its falsity and for the purpose of inducing the
other person to act, and upon which the other person
relies with resulting injury or damage.

Fraud may also be made by an omission or purposeful


failure to state material facts, which nondisclosure
makes other statements misleading.
White Collar Crime

Pertaining to business, professional, and


consumer frauds, or to various criminal offenses
that occur to customers or clients.

Economic or white-collar crime, as it is generally referred


to, is a crime committed by a person of a certain social
status in the course of his occupation. The economic crime
occurs as a deviation from the violator’s occupational role.
Consumer Crime

Deceptive practices that result in financial or


other losses for consumers in the course of
seemingly legitimate business transactions.
Financial Crime
Any non-violent offense that is committed by or against an individual
or corporation and results in a financial loss.

When a financial institution is involved, the crime is referred to as a


financial sector crime.

Tax evasion, embezzlement of company funds, and the sale of


fictitious insurance plans are just a few examples of financial crimes,
while money laundering, credit card fraud, and check fraud are all
instances of financial sector crimes.

Most white collar crimes are classified as financial or financial sector


crimes.
Difference

While white collar crimes can be said to be crimes


committed by professionals like chartered accountants,
public servants, private employees in the course of their
occupation, economic offenses are crimes committed by
intelligent but devious individuals involving huge sums of
public or government money.
Difference between Economic and
Traditional Crimes
Economic crimes are different from traditional crimes in terms of their
objective and modus operandi.

The traditional criminal steals small sums of money and often uses
brute force and conventional tools to achieve his aim.

On the contrary, a criminal committing an economic crime steals large


sums of money and employs technology and communications to carry
out unlawful commercial transactions, disturb databases or orchestrate
massive frauds. His victims are ignorant and naïve and often remain
unaware of the fact that they have been cheated.
Difference

Conventional crimes affect specific individuals


while economic crimes affect society as a whole.
Major Types of Economic Crime
Fraud – Financial Institution Fraud like bank fraud,
credit/debit card fraud, loan fraud and other kinds of fraud
including wire fraud, healthcare fraud, insurance fraud,
environmental and investment fraud, etc.

Money-laundering

Public corruption
Identity theft

Embezzlement of company funds

Tax evasion
Types of Fraud
Antitrust Fraud Government Fraud
Bankruptcy Fraud Identity Fraud
Bribery Insider Trading
Computer Fraud Insurance Fraud
Credit Card Fraud Mail Fraud
Counterfeiting Securities Fraud
Embezzlement Trade Secret Fraud
Environmental Fraud
Antitrust Fraud

Includes the use of practices such as price-


fixing and monopolies to stifle competition.
Bankruptcy Fraud

It is committed by businesses or individuals who


conceal assets, mislead creditors, falsely claim
bankruptcy, file multiple bankruptcy claims, or
launch petition mills.
Bribery

It is a crime in which money, a favor or


something else of value is promised to, given to, or
taken from an individual or corporation in an
attempt to sway his or its views, opinions, or
decisions.
Computer Fraud

It involves the use of a computer to engage in an


illegal activity.
Credit Card Fraud

Itrefers to the unauthorized use of a credit


card to make purchases.
Counterfeiting

It is the act of manufacturing fake currency or


altering genuine currency.
Embezzlement

Itoccurs when one who has been entrusted with


funds steals them for his own benefit.
Environmental Fraud

It is the illegal release of potentially harmful


pollutants into the air, water, or soil.
Government Fraud

Refers to any fraud committed against the


Government or one of its contractors, including
public housing, educational programs, and
agricultural programs.
Identity Fraud

Itrefers to the theft of one’s personal information


so as to use it for opening credit card accounts,
applying for loans, purchasing cellular phones, or
committing serious crimes.
Insider Trading

It occurs when someone who has confidential


information uses it to reap profits or avoid losses
on the stock market.
Insurance Fraud

It is the filing of artificial or exaggerated claims to


an insurance company.
Mail Fraud

It involves the use of the Postal Service or


another registered mail service to commit a crime.
Securities Fraud

It is intentional deception of investors that


financially benefits the perpetrator. Numerous
tactics of manipulation and misrepresentation can
constitute securities fraud.

Also known as investment fraud.


Trade Secret Fraud

Itis the theft of a confidential plan, formula, idea


or collection of information that could benefit a
business.
Philippine Laws Against Economic
Crimes
Republic Act NO. 7080 – An Act defining and penalizing
the crime of Plunder. (As amended by RA 7659 (The Death
Penalty Law)

RepublicAct No. 8424 - known as the National Internal


Revenue Code of 1997.

RepublicAct No. 1937 – Known as the Tariff and Customs


Code of the Philippines. (Amended by several Presidential
Decrees)
RA 8484 - known as the "Access Devices
Regulation Act of 1998”
RA 3815 – Known as The Revised Penal Code
RA 9160 –. Known as the “Anti-Money Laudering

Act of 2001
RA 10175 – Cybercrime Prevention Act of 2012
RA 7080

An Act defining and penalizing the crime of Plunder.

Plunder is the act of amassing, accumulating or acquiring


ill-gotten wealth through a combination or series of overt
criminal acts as described in Section 1 (d), RA 7080 in the
aggregate amount or total value of at least Fifty million
pesos (P50,000,000.00).
Ill-gotten Wealth

Means any asset, property, business enterprise or material


possession of any person within the purview of Section two
(2), RA 7080, acquired by public officer directly or indirectly
through dummies, nominees, agents, subordinates and/or
business associates by any combination or series of the
following means or similar schemes:
Means or Schemes in committing
Plunder
Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public treasury;

By receiving, directly or indirectly, any commission, gift,


share, percentage, kickbacks or any/or entity in connection
with any government contract or project or by reason of
the office or position of the public officer concerned;
Means or Schemes of committing
Plunder
By the illegal or fraudulent conveyance or disposition of
assets belonging to the National government or any of its
subdivisions, agencies or instrumentalities or government-
owned or controlled corporations and their subsidiaries;

By obtaining, receiving or accepting directly or indirectly


any shares of stock, equity or any other form of interest or
participation including the promise of future employment in
any business enterprise or undertaking;
Means or Schemes of committing
Plunder
By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation
of decrees and orders intended to benefit particular
persons or special interests; or

By taking undue advantage of official position, authority,


relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage
and prejudice of the Filipino people and the Republic of the
Philippines.
RA 7080

Plunder is committed by public officers.

All prosecutions under this Act shall be within the original


jurisdiction of the Sandiganbayan.
ENVIRONMENTAL CRIME
Environmental Crime
Environmental crime is the deliberate evasion of
environmental laws and regulations by individuals and
companies in the pursuit of “personal interest and benefit.”

Where these activities involve movements across national


boundaries, or impacts upon the world as a whole, they
can be termed "international environmental crime.”
Major Categories of
Environmental Crime

Biodiversity;

Naturalresources-related crime;
Wastes;

Banned substances;

Other environmental offenses;


UN Definition of Biodiversity

The variability among living organisms from all


sources including, inter alia, terrestrial, marine and
other aquatic ecosystems and the ecological
complexes of which they are part.

It includes diversity within species, between


species and of ecosystems.
Kinds of Biodiversity
Genetic diversity – the total number of genetic
characteristics of genetic makeup of species

Species diversity – the diversity within an


ecological community

Ecosystem diversity – the variety of different


habitats on the planet
Other Environmental Offenses
Bio-piracy and transport of controlled biological or genetically modified
material;
Illegal dumping of oil and other wastes in oceans;

Violations of potential trade restrictions under the 1998 Rotterdam

Convention on the Prior Informed Consent Procedure for Certain


Hazardous Chemicals and Pesticides in International Trade;
Trade in chemicals in contravention to the 2001 Stockholm Convention

on Persistent Organic Pollutants; and


Fuel smuggling to avoid taxes or future controls on carbon emissions.
Effects of Environmental Crimes

It causes damages to the environment


It wipes out endangered species

It harms the ozone layer resulting to

climate change
It undermines legitimate trade
RA 6969
known as the "Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990."

This Act shall cover the importation, manufacture,


processing, handling, storage, transportation, sale,
distribution, use and disposal of all unregulated chemical
substances and mixtures in the Philippines, including the
entry even in transit, as well as the keeping or storage and
disposal of hazardous and nuclear wastes into the country
for whatever purposes.
RA 5207
Known as the "Atomic Energy Regulatory and Liability Act
of 1968."

It is amended by PD 1484.

This Act provides for the licensing and regulation of


atomic energy facilities and materials, establishing the rules
on liability for nuclear damage, and for other purposes.
Major Forestry Laws
PD 705 (1975) otherwise known as the “Revised Forestry
Code of the Philippines”.

Itcontains basic forestry standards and practices such as


areas needed for forestry, multiple use, forest utilization
and management, and criminal offenses and penalties.

PD 705 has been amended by PD 865, PD 1559, PD 1775,


BP 83, RA 7161 and EO 277.
Major Forestry Laws

RA 7586 (1992) or the “National Integrated Protected


Area System” (NIPAS).

RA 8371 (1997) or the “Indigenous People’s Rights Act”


(IPRA)

RA 9072 (2001) or the “National Cave and Resources


Management and Protection Act”
Major Forestry Laws

RA 9147 (2001) “Wildlife Resources Conservation


and Protection Act”

RA 9175 “The Chainsaw Act.”


RA 8550

Known as “The Philippine Fisheries Code of 1998.

This Act provides for the development,


management and conservation of the fisheries and
aquatic resourced, integrating all laws pertinent
thereto, and for other purposes.
Other Environmental Laws
RA 8749 - Known as the Philippine Clean
Air Act of 1999.

RA 9003 – Known as the Ecological Solid


Waste Management Act of 2000.
PHILIPPINE GOVERNMENT’S
RESPONSE TO COMBAT
ORGANIZED CRIME
Presidential Anti-Organized
Crime Commission
EO No. 8, Series of 1998 created the PAOCC and the
PAOCC-TF.

The PAOCC is tasked to investigate and prosecute all


crime syndicates and their protectors.

It shall exercise general control and supervision over the


Task Force. It shall formulate policies to be recommended
to the President in the form of issuances and legislations.
Composition of PAOCC

The President - Chairman


The Secretary of Justice - Member
The National Security Adviser - Member
The Undersecretary of the ILG- Member
The Chief of Staff, AFP - Member
The Director-General, PNP – Member
Four (4) representatives from the

Private Sector to be appointed by the President - Member


PAOCC-TF
The PAOCC-TF is the operating arm of the
PAOCC.

It is composed of selected PNP and AFP


members, and representatives from other
branches of government
PAOCC-TF

It shall be headed by a qualified senior law


enforcement officer to be assisted by a deputy
chief for operations and deputy chief for
administration, and a functional staff composed of
the Administrative/logistics division, Operations
division, Technical division and legal and
Investigation division.
Support Agencies to the
PAOCC-TF
PhilippineNational Police (PNP)
National Bureau of Investigation (NBI)

National Prosecution Service (NPS)

Bureau of Immigration and Deportation (BID)

Bureau of Internal Revenue (BIR)

Economic Intelligence and Investigation Bureau (EIIB)

Bureau of Customs (BOC)

National Intelligence and Coordinating Agency (NICA)


Support Agencies to the
PAOCC-TF
Armed Forces of the Philippines (AFP)
Land Transportation Office (LTO)

Forest Management Bureau (FMB)

National Telecommunications Commission (NTC)

National Statistics and Census Office (NCSO)

Land Registration Authority (LRA)

Philippine Overseas Employment authority (POEA)

Other government agencies which the Force may find

necessary to implement its mandate.


EO No. 8

It dissolved the Presidential Anti-Crime


Commission (PACC) and the Presidential
Task Force on Intelligence and Counter-
Intelligence (PTFICI) and all properties
equipment of the PACC and PTFICI shall be
turned - over to the Task Force.
Executive Order No. 46
(Series of 2011)
EO 46 amended EO No. 8 to further strengthen
and reorganize the PAOCC.

It abolished the Presidential Task Force on the


Security of Energy Facilities and Enforcement of
Energy Laws and Standards created through EO
No. 655 (s.2007)
Composition of PAOCC under
EO 46
Executive Secretary – Chairperson
Members are:
Secretary, DILG
Secretary, DOJ
Secretary, DND
Secretary, DFA
National Security Adviser
Chief of Staff, AFP
Director General, PNP
Director General, NICA
Director, NBI
Executive Director, PCTC
Offenses covered by PAOCC
Those committed by organized/syndicated crime
groups including but not limited to drug trafficking,
human trafficking, carnapping, gunrunning,
robbery/hold-up, kidnapping for ransom,
smuggling, and transnational crimes.

Those considered and punished as heinous crimes


under Republic Act No. 7659 (Heinous Crime Law).
Offenses covered by PAOCC
Those committed by the members of the PNP and/or the
AFP;

Those committed by any government official or employee,


including those from government offices, agencies and/or
instrumentalities, and government-owned and controlled
corporations;

Such other criminal offences as the President may


determine from time to time.
EO No. 246 (s.1995)
This EO reconstituted the “NATIONAL ACTION
COMMITTEE ON ANTI-HIJACKING” as the
NATIONAL ACTION COMMITTEE ON ANTI-
HIJACKING AND ANTI-TERRORISM” (NACAHT).

The Committee is tasked to develop the capability


of our law enforcement agencies to fight terrorism.
Composition of NACAHT
Secretary of the Interior and Local Government — Chairman
Secretary of National Defense — Vice Chairman

Secretary of Foreign Affairs — Member

Secretary of Finance — Member

Secretary of Justice — Member

Secretary of Transportation and Communications — Member

Press Secretary — Member

National Secretary Adviser — Member

Director General, National Intelligence Coordinating Agency —

Member
Presidential Consultant on Police Affairs — Member

Group Commander, Presidential Security Group — Member


Executive Order No. 45 (s.1998)

EO 45 created the “Presidential Anti-Smuggling


Task Force” (PASTF).

The PASTF is tasked to investigate and prosecute


crimes involving large-scale smuggling and other
frauds upon customs nd providing measures to
expedite seizure proceedings.
Composition of the PASTF
The Task Force shall be composed of senior officials from
the following agencies:
Office of the President
Department of Finance

Department of Justice

Bureau of Customs

Bureau of Internal Revenue

Economic Intelligence and Investigation Bureau

National Bureau of Investigation

Philippine National Police and

Intelligence Service of the Armed Forces of the Philippines.


Head of the PASTF

The Task Force shall be headed by a qualified


senior law enforcement officer to be designated by
the President.

He shall be assisted by a deputy who shall


likewise be designated by the President.
Offenses covered by PASTF
The Task Force shall have the authority to take cognizance
of the following crimes:

a) Smuggling and customs frauds committed by organized or


syndicated groups or criminal enterprises.

b) Smuggling and other false and fraudulent importations or violations


of customs laws committed in large scale.

c) Such other cases of violations of the Tariff and Customs Code, as


amended, as the President may determine from time to time.
INVESTIGATION OF
ORGANIZED CRIME
Definition

Organized crime investigation is a special


police function aimed towards the
eradication of criminal groups/syndicates
and/or neutralization of its leaders and
members including their protectors and
cohorts.
Differences between Ordinary Criminal
Investigation and Organized Crime Investigation

In purpose, ordinary criminal investigation


focuses its activities towards the identification,
location or arrest of the perpetrators, and proving
their guilt in court.

While in the case of organized crime


investigation, the ultimate objective is to put an
end to the activities/operations of the criminal
organization.
Investigative Methods in Organized
Crime

Undercover operations
Use of Informants
Surveillance
Intelligence analysis and sharing
Forensic accounting
Multi-agency investigation
Use of the power of laws/statutes
Undercover Operations
Are covert undertakings usually confined to gather
information on the activities of organized crime and
criminal groups like illegal gambling, narcotics trafficking,
and other major organized crimes.

An operation where the intelligence officer hides his true


identity to enable him to associate with and get information
from criminal elements.

Unlike in surveillance, the intelligence officer comes in


direct contact with those whom he seeks information.
Use of Informants

People are the greatest source of information.

Informant - Any one who can furnish information.

Informer – is one who gives information for a reward


or price.
Types of Informants
Voluntary Informants

Involuntary Informants

Confidential Informants

Special Informants

Anonymous Informants
Voluntary Informants

Are those who knowingly and voluntarily


give information.
Involuntary Informants

Are those who give information even


though they do not desire or know that they
are doing it.
Confidential Informants
Those who provide information with the understanding
that their identity will not be revealed.

ConfidentialInformants may vary from Confidential to Top


Secret depending upon the informant’s position, the type
and quality of information and the danger involved to the
informant.

Violation of the classified status of such informant,


subjects him to danger, retribution and destruction of his
usefulness.
Special Informants

Those who are in high social status like


professionals, businessmen, etc. giving
information.
Anonymous Informants

Those who are giving information who do


not want to identify themselves like those
using the telephone and other means.
Types of Informer
OrdinaryInformer – openly give information but
expects something in return, either money or
favor.

Confidential Informer – secretly provides


information with the understanding that his
identity will not be divulged and that he will be
compensated either with money or favor.
Surveillance
Itis the secretive and continuous watching of persons,
vehicles, places or objects to obtain information
concerning the activities and identities of individuals.

CASING – A reconnaissance or surveillance of a


building, place or area to determine its suitability
for intelligence use or its vulnerability in an
intelligence operation.
Intelligence Analysis and
Sharing
It refers to the in-depth examination of
information gathered as a result of intelligence
works like surveillance, undercover operation,
eavesdropping, wiretapping, bugging and other
means.
Typical Analytical Process

Association analysis

Telephone analysis

Conversation analysis
Association Analysis
Using information gathered through surveillance
or informants, the intelligence analyst prepares a
chart showing the links between and among
known and suspected members of the criminal
syndicate. It includes the people involved and the
places or building they frequently visit.

The chart looks like a family tree.


Telephone Analysis

Using information gathered from wiretapping or


bugging, a chart is prepared showing the
frequency of calls that incudes the time and place
of the call, the persons involved (caller and
receiver) and the length of time of the call.
Conversation Analysis

Using eavesdropping information or those given by


snitches, the analyst makes a chart on the contents of the
conversation. If the conversations are coded like using
phrases for instance, discourse analysis as well as other
more advanced forms of linguistic analysis must be applied
to allow deciphering tone, meter, and inflection in the voice
to read the messages behind the words spoken.
Forensic Accounting

Forensicaccounting is the application of a specialized


knowledge and specific skills to stumble upon the evidence
of economic transactions.

Sometimes called investigative accounting.


Forensic Accounting
It involves the application of accounting concepts and
techniques to legal problems.

Forensic accountants investigate and document financial


Fraud and white-collar crimes such as Embezzlement.

They also provide litigation support to attorneys and law


enforcement agencies investigating financial wrongdoing.
Multi-Agency Investigation
This means that all law enforcement agencies, national
and local, must interact, sharing information and combining
investigative efforts.

As most cases of organized crime are often developed by


local police agencies, it is necessary that other agencies
should be contacted at the early stages of the inquiry so
that the latter can help since the former lacks funds nor
experience to follow up cases.
Use of the Powers of
Laws/Statutes
The application of the law against organized
crime primarily tax statutes.
Measures to Combat Organized
Crime
To strengthen regional capacities to combat organized crime in
accordance with internationally recognized standards;

To adopt policies, strategies and legislation;

To develop multi-disciplinary inter-agency co-ordination mechanisms;

To encourage the establishment of specialized units; and

To enhance regional and international co-operation.

You might also like