UNDERSTANDING TRANSNATIONAL ORGANISED CRIME

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UNDERSTANDINGTRANSNATIONALORGANISED CRIME:AN ACADEMIC RESEARCH SYNTHESISDavid S. WallCentre for Criminal Justice Studies, University of Leeds d.s.wall@leeds.ac.uk

UNDERSTANDING TRANSNATIONAL ORGANISED CRIME:AN ACADEMIC RESEARCH SYNTHESIS REPORTThis academic research synthesis seeks to identify common research themes and areas of interestamong the eleven projects funded by the Partnership for Conflict, Crime and Security Research(PaCCS)/ ESRC/ AHRC, Transnational Organised Crime (TNOC) call 1 . The call commissionedcross-disciplinary and innovative research projects that extend societal understanding of howtransnational organised crime has evolved over time and in different cultural contexts. Projects thatlook at why TNOC extends across borders, identify the impact it has upon populations and sustainableinternational development and also identify effective ways of preventing and mitigating its impact.The debate over TNOC is distinguished from previous debates over organised crime largely because itcrosses national boundaries2, but it will also be argued here that it is also evolving in scope withdevelopments in communications and transactional technologies.The themes explored in this synthesis research include overlapping research questions,themes, arguments and academic outputs. By drawing upon an analysis of the TNOC applications andthe research integrators’ interviews with principal investigators, the report explores a TNOC (Meta)narrative and proposes a thematic framework for organising and understanding TNOC academicactivity. The report then proposes a means for integrating academic outputs to ensure that their reachand impact are maximised. It was revised in the light of discussions and comments following an initialpresentation at the TNOC Workshop (28-29 March 2017) and subsequently the PaCCS strategicadvisory group meeting on 31st May 2017. I must thank Dr Gabriela Nava, Senior Research PortfolioManager in the Society and Global Security team at the ESRC for her detailed comments on an earlierdraft, and also Dr Tristram Riley-Smith, the TNOC Research Integrator for his enthusiastic inspirationand allowing me to use the notes made from his introductory interviews with the various researchers.Following a summary of the report, the first part of this document is a ‘think piece’ thatidentifies the evolution of organised crime into transnational organised crime groups to try to create aframework for understanding the relationship between organised crime and transnational organisedcrime which, could be applied to the different types of TNOC outlined later. The second part of thereport overviews the eleven research projects funded under the PaCCs TNOC call and their aims andobjectives. The third part identifies synergies, future connections and themes and then offers someideas for disseminating the project findings. The appendix is a matrix outlining the eleven projects.David S. Wall, Centre for Criminal Justice Studies, University of LeedsContents:Summary of the reportPart 1: The Evolution of Transnational Organised Crime and Crime GroupsPart 2: The Transnational Organised Crime Projects SynthesisPart 3: Future Connections, Themes and DisseminationAppendix: The Eleven Project Matrix1Further information about the PaCCS Transnational Organised Crime call can be found ies/paccs-transnational-organised-crime-call/2N.B. Although the projects do not cover acts of terror, the TNOC analysis in S. 1 does include terror networks, especiallywhen organised crimes are a source of funding for organisations devoted to acts of terror.1

UNDERSTANDING TRANSNATIONAL ORGANISED CRIME:ACADEMIC RESEARCH SYNTHESIS REPORT SUMMARYThis report is a synthesis of the projects funded under the PaCCs (ESRC/ AHRC) Transnational OrganisedCrime (TNOC) call. It looks at the evolution and dynamics of Transnational Organised Crime, a term thatis frequently used today but rarely conceptualised. It then explores the themes and cross-themes of thefunded projects and considering future research directions. Part 1 looks at the conceptual issues relating tounderstanding TNOCs and Part 2, the eleven projects. Part 3 explores connections and future directions.1. The Evolution of Organised Crime into Transnational Organised CrimeOrganised crime has evolved into new forms of transnational organised crime (TNOC). While TNOC hasexisted for many years, e.g. international drug smuggling (traditional organised crime forms still exist),TNOC has further evolved in recent decades due to the new globalised criminal opportunities arising fromdevelopments in international transactions. Practices, which are facilitated by changes in global capitalcreated by new mobile technologies, particularly the internet and social network media. TNOCs are nowemerging online, so there is a need to work out when the internet is being used to assist, enable tocompletely control crime. So, we need to separate cyber-assisted from cyber-enabled & cyber-dependentTNOCs to better understand these change and operationalise the concepts with a view to tracking andmeasuring TNOCs and offenders.TNOC groups, like traditional organised crime groups, appear to be bound by trust bonds such as family,ethnicity or business. These can be traditional hierarchical lines of authority, rooted in geographicallocation, ethnicity or culture. Alternatively, they can be bonds formed out the desire to make money or toexact vengeance, or to change a political landscape. In practice, combinations of these factors exist. Newcommunications and commerce technologies facilitate these and new types of bonding (e.g. reputation)across international boundaries.At the centre of each of these trust bonds is the expression of power which can take place overtly(coercion), covertly (manipulating the agenda) or unconsciously (via ideology). TNOC groups prefer togive an illusion of coercion to achieve compliance and express power through manipulating agendas andideologies so that they do not bring police and state attention to their activities, although this depends upontheir overall goal as some TNOC groups with political goals will want the opposite, especially in failedstates, where they might actually represent the only form of law.Transnational organised criminal activity takes place within a changing socio-political and socio-technicalenvironment, especially with e-commerce technologies, which means that new patterns of demand andsupply now make TNOC activities more attractive as a choice of crime and also as a choice of career,which incentivises the formation of online crime organisations to protect criminals.New forms of TNOC groups online are emerging in new distributed forms that are non-hierarchical and flatin structure with members not-physically connected. There is little evidence to show that traditional Mafiagroups (crime organisations that control victim markets and protect criminal activity) are moving online,other than to make their organisation run more efficiently. The evidence suggests that different groups ofactors with very different profiles, motivations and personal pathways into crime are currently involved inthe new forms of TNOC online; for example, hackers.Because of the above, a flexible approach needs to be taken to understand transnational organised crimegroups: a) Sustainable models of TNOC groups b) Ephemeral models of TNOC groups c) Hybrid TNOCs.To further understand TNOC groups the different stakeholders’ perspectives also need to be embraced. Byadapting the UK Counter-Terrorism Strategy (CONTEST) approach and language, TNOC can be exploredfrom different perspectives: a) the TNOC offender (PREVENT) b) TNOC law enforcement (PURSUE) c)TNOC prevention (PROTECT) d) Mitigating the impact of TNOCs (PREPARE).2. The Transnational Organised Crime Projects SynthesisThe synthesis research explores the eleven projects funded by the TNOC programme in terms of the mainthemes explored in the project, the key research questions, the methodological approaches taken and the2

key shapers of action which enable and inhibit the cultural, social, ideological and technological aspects ofthe TNOCs being investigated by the projects.The eleven projects broadly fall into three key substantive areas a) People movement TNOCs (ModernSlavery, Human Trafficking, People Smuggling); b) Trading and Smuggling Illicit products TNOCs(Counterfeit goods, the darkweb, drugs); c) Issues in Policing and Regulating TNOCs (Languagetranslation, Policing in Marginalised Communities - land & sea, Corporate Finance Vehicles).Synergies and observations – A number of synergies were found. Firstly, organised crime is a problemconcept and a ‘definitional truce’ is needed. Instead of definitions, a flexible framework of understandingTNOC can be adopted that incorporates different factors. Secondly, each project also looks in some way atenablers or inhibitors for TNOC action. These are subconsciously shaped by cultural or ideological factorsand can inversely influence criminals and investigators.Common research method synergies between the projects – The projects tend to employ combinations oflibrary research /literature review and are augmented by primary and secondary data collection. Someprojects will result in policy & law options, whereas others are conducting evaluation research on policies.3. Future Connections, Themes and DisseminationThe three research areas outlined above can be used to develop connections and future research: PeopleMovement TNOCs, Illicit Product TNOCs and Key issues in Policing and Regulating TNOCs.Connecting TNOC structural themes – a number of connecting structural sub-themes also suggest potentialfor further research. The first is to explore the ways that TNOCS are financed and indicates that both licitand illicit sources of finance or funding are used to hide trails and launder proceeds of crime. There is alsosome evidence that an infiltration of legitimate economies has taken place to undertake the TNOCS, whichraises important questions as to whether the proceeds of TNOC are being invested in more criminal activityor in wealth creation or both. The second theme relates to the adoption of new communicationstechnologies and raises questions over whether they simply facilitate TNOC or facilitate of TNOCorganisations – are new internet mafias forming? A third theme relates to the way that language translationfacilitates TNOCs. Whilst one project already looks at the law enforcement use of translators, there is also aneed for research to explore how TNO criminals from different geographical regions communicate witheach other and their workers. Also, how do victims communicate effectively with police, and in somecomplex cases, the offenders themselves? A fourth connecting theme relates to the organisationalcharacteristics of TNOC groups. What is known about the size and shape of particular TNOC groups andnetworks and also their structures, business models and markets, and the types of criminal activity theysupport? A fifth theme is how do TNOC groups exercise and maintain their power and also control theirshare of the market for victims and protect the criminals under their protection from competition? A sixththeme is how do criminal justice systems adapt to new forms of transnational criminal organisation with areasoned and proportionate response that achieves the goals of justice across different jurisdictions?Connecting TNOC cultural themes – In addition to structure are also ideas for more culturally basedresearch themes. The first is the need to increase ‘cultural’ understandings of different TNOCs, especiallyin terms of their criminal logic (e.g. motivations, enablers and inhibitors) and how they fit into localcultures, or do not; because disruption is also a TNOC tactic! What is thought to be rational logic in oneculture may be irrational in another. The second theme is to understand the ’tipping point’ where individualthoughts and ideas turn into criminal action with regard to being a member of a TNOC group or becominga victim? The third theme is to understand the relationship between transnational organised crime groupsand terror networks. To what extent is a crime-terror nexus permeating a range of different TNOCs, or is itsimply a modern folk myth perpetuated by media sensationalism?Dissemination. In addition to individual project outputs, it is proposed that TNOC conference panels beformed on the back of established conferences. A special issue of a journal be compiled (e.g. EROC, orGlobal Crime). An edited book could be collated around the core themes (e.g. Palgrave).The TNOC Programme is a good model for research funding. It engages many academics and stakeholders,gains value added from the integrator’s work, while representing good value for money.3

PART 1: THE EVOLUTION OF ORGANISED CRIME INTO TRANSNATIONALORGANISED CRIME GROUPS3There is a general consensus amongst academic commentators that ‘organised crime’ is a problemconcept because there is no single definition that covers all types. Transnational organised crime(TNOC) is equally problematic for the same reasons. Like organised crime, Transnational organisedcrime is a term that is frequently used today, but rarely conceptualised, and yet it is not only growingin scope (range of crime), but also in depth, in terms of its infiltration into the economic and socialinfrastructure. While the TNOC phenomenon has existed for many years, for example in the form ofinternational drug smuggling and money laundering, it has also evolved in recent decades through anincrease in globalised criminal opportunities that have arisen from developments in internationaltransaction practices. Practices, which themselves are facilitated by changes in global capital createdby new mobile communications technologies such as the internet and social network media which nowassist or enable existing TNOC groups; or create entirely new TNOC groups online. So, whilst ascientific conceptualisation may not be possible, it is possible to present a framework forunderstanding the key dynamics to help separate out, categorise and model the different profilespresented by different types of TNOC and TNOC groups. Before exploring the themes and crossthemes of the funded projects in this TNOC call and considering future research directions, this firstsection explores the changing nature of the dynamics of transnational organised crime and suggests aframework for understanding contemporary changes in TNOC and even classifying the different formsof organisation. More specifically, it outlines some of the key bonding concepts that form the basis forTNOC organisation, before highlighting some of the power relationships that TNOC groups seek toexpress. It then identifies the changing socio-political and socio-technical environment in whichTNOCs occur and which may even facilitate new types of TNOC. Finally, in order to highlightchange, three ‘ideal type’ model structures are introduced along with a methodological approach toexplore and understand TNOCs. This first section of the report is mainly a ‘think piece’ to assistresearchers when trying to contextualise the nature of the organisation of the TNOCs covered in eachof the eleven projects and also when trying to identify the motivations behind the particular crimesinvolved and also the criminal behaviour of the criminal actors.1. The changing nature of the structures of transnational organised crime (TNOC)When defining the nature of the structures of transnational organised crime (and terror networks) thereis a need to differentiate between static models of organised crime group structures and ephemeralforms of organisation found in some newer forms of TNOC. I propose here that this should beunderstood at two levels, firstly, the way that TNOC structures are bonded together and secondly interms of their sustainability or ephemerality (or aspects of both). A tertiary consideration, introducedtowards the end of this section is how TNOC and each model/ ideal type is viewed epistemologicallyto conduct research, for example, in terms of the victims, law enforcement, offender and prevention.1.1 The dynamics of bonding TNOC groups togetherBy differentiating between Hierarchical, Ethnic-Cultural and Entrepreneurial models of organisedcrime (Albanese, 2011:Ch. 5) that are found in the literature we can not only differentiate between thedifferent ways that organised crime groups are bonded together, but also how they have developedhistorically. Each of the models below illustrates different types of trust factors that create the bond.The Hierarchical (family) Model is mainly found in traditional ‘Mafia’ organised crime structures andthe more traditional terrorist groups, such as the IRA (Irish Republican Army). The groups areorganised according to a top-down leadership hierarchy with one person (or controlling group) on topof pyramidal structure and many ‘soldiers’ at the lower levels with a number of levels of authority inbetween. This model is more likely to be found in geographically located organised crime groups,3I must acknowledge the contribution of my colleague Dr Roberto Musotto at the University of Leeds, who helped medevelop the models in Part 1 and also provided some input in the text. This text is adapted from ideas that begun as amodelling exercise for the TAKEDOWN project by Musotto & Wall (2017).4

although there are many examples of outreach (forming splinter groups in different countries, orentering into alliances with others).The Ethnic/ Cultural Model shares a common heritage that engages in both low-level and high-levelcrime to the benefit the entire group. Ethnic, cultural or religion ties bind the group together andindividuals mostly control their own activities to achieve a common goal which may be criminal and/or terror oriented. They (ethnic, cultural or religious ties) create trust and bond the "organisedcriminals" together (Von Lampe and Ole Johansen, 2004). This trust bond helps the resulting networksof criminals to reduce uncertainty in a field and prevent law enforcement intervention. It also gives toits members a competitive advantage in business thanks to the tight social relations. Trust plays animportant role in collective action (Paoli, 2002), because it creates a strong non-economic tie whichallows Mafia and relevant terror groups to be better organised than any competing social group. Thispeculiar feature of organised crime makes collective action more difficult for other social groupingswithout the same ties. Importantly, groups bonded by ethnic, cultural or religious ties thrive withessential support from elites they can influence and interact with against a disorganised majority(Mosca, 1896: 97). Elites basically seek to maximise their own future share of resources by acquiringenough political power via institutions to protect their position and the organised crime group piggyback and feed off this. Directly or indirectly, this facilitates effective resource distribution throughconcessions of benefits or taxation. At this level, criminal organisations aspire to maintain the statusquo in their own interests. They can be organised across national borders, but typically with links tothe indigenous country and culture – the people they know.The Enterprise model contrasts with the hierarchical and ethnic/cultural models because the organisedcrime groups involved operate along the lines of legitimate business enterprises, but focus upon illicitrather than legitimate markets to provide illicit goods or services. They are rarely organised in acentrally coherent way, rather they operate like conventional businesses. They also follow theprinciples that govern legal markets in order to maintain and extend their particular share of the illicitmarket, responding to the needs and demand of their consumers. The aims of the organised crimegroups falling wit

The Evolution of Organised Crime into Transnational Organised Crime . The second theme is to understand the ’tipping point’ where individual thoughts and ideas turn into criminal action with regard to being a member of a TNOC group or becoming a victim? The third theme is to understand the relationship between transnational organised .

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