HISTORICAL DEVELOPMENT OF ORGANIZED CRIME
SCOPE OF PRESENTATION III. PRESENTATION, ANALYSIS AND INTERPRETATION OF DATA • Origin of Organized Crime • Background of Organized Crime • Context of Organized Crime • Characteristics of Organized Crime • Traditional Organized Crime • Organized Crime in the Philippines • Activities of Organized Crime • Development of Organized Crime
• Government and Organized Crime • Philippine Laws on Organized Crime • Assessment on Organized Crime
STATEMENT OF THE PROBLEM 1. What is Organized Crime? 2. What are the Characteristics of Organized Crime? 3. What are the different traditional crime groups? 4. What are the different organized crime groups in the Philippines? 5. What are the activities of organized crime group and the Philippine laws punishing such crimes?
DEFINITION OF : • Carnapping - is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. • Cartel - is a combination of producers to control, monopolize, and restrict competition of the sale and price of a particular product or service. • Crime - an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law. • Drug Trafficking - is a global illicit trade involving the cultivation, manufacture, distribution and sale of substances which are subject to drug prohibition laws. • Economic Crimes – are non-violent illegal acts committed for economic gain or to cause economic harm.
DEFINITION OF : • Extortion - the practice of obtaining something, especially money, through force or threats. • Gambling - to bet on an uncertain outcome, as of a contest; to play a game of chance for stakes; to take a risk in the hope of gaining an advantage or a benefit. • Gang – an organized group of criminals; a group of criminals or hoodlums who band together for mutual protection and profit; a group of adolescents who band together, especially a group of delinquents. • Organization - refers to two or more persons forming an association to conduct business. Individuals organize to function as a whole to become more effective and efficient.
DEFINITION OF : • Organized Crime - is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals, who intend to engage in illegal activity, most commonly for money and profit. • Prostitution - the practice or occupation of engaging in sexual activity with someone for payment; the unworthy or corrupt use of one's talents for the sake of personal or financial gain. • Racketeering – refers to the variety of means by which organized crime groups, through the use of violence, actual or implied, gain control of labor unions or legitimate businesses. • Syndicate - refers to an association of individuals who wish to carry out a business transaction, usually financial in nature. The risk of any single investor is diminished because of this partnership.
CHAPTER II REVIEW OF RELATED LITERATURE AND STUDIES • Organized crime is a growing international phenomenon and, as it intersects with terrorism, an increasingly dangerous force . (McCarthy, 2011) • Pirates, highwaymen and bandits attacked trade routes and roads, at times severely disrupting commerce, raising costs, insurance rates and prices to the consumer. According to criminologist Paul Lunde, piracy and banditry were to the pre-industrial world what organized crime is modern society.
CHAPTER II REVIEW OF RELATED LITERATURE AND STUDIES • Organized crime groups seek out corrupt public officials in executive, law enforcement, and judicial roles so that their activities can avoid, or at least receive early warnings about, investigation and prosecution. (Garcia, 2011) • In this era of globalization, and the advent of technology, we are no longer only experiencing the traditional economic crimes such as embezzlement, drug trafficking and common fraud, but we are confronted with modern economic crimes that occur at the touch of a button and have no boundaries, such as Money Laundering, Credit Card Fraud and other Financial Crimes. (126th ISS Report)
CHAPTER II REVIEW OF RELATED LITERATURE AND STUDIES • Traditions and political structures conducive to corruption are also very important to the development of organized crime. The role attributed to urban political machineries is not unique in this respect. (Soriano, 2012) • The technological and organizational opportunity to set up global networks has transformed, and empowered, organized crime. (Castells, 1998)
CHAPTER III PRESENTATION OF DATA Origin of Organized Crime • Organized Crime - Mafia, the Syndicate, Costa Nostra - Shakespeare’s lines, “a rose by any other name” • 17th Century, the pirates as the earliest organized group • Urban centers of the late 19th century and early 20th American century - original sites because urban conditions provided the kind of environment in which organized crimes could flourish
CHAPTER III PRESENTATION OF DATA Origin of Organized Crime • “Thug”, or gang -early - 13th century India in India. • “critical mass” - the size and the density of urban networks allowed criminal forms of organization to become diversified and encouraged the growth of essential services ex. “Little Italies”, 20th century - residents of the “Little Italies” of many eastern industrialized urban areas had to contend with a crude form of protection racket known as “La Mano Negra” or the “Black Hand.
CHAPTER III PRESENTATION OF DATA Origin of Organized Crime • Racketeering - Significant area of enterprise - refers to the variety of means by which organized crime groups, through the use of violence, actual or implied, gain control of labor unions or legitimate businesses
Background of Organized Crime • Soviet Union and the Revolutions of 1989 in Eastern Europe
•Developing areas in which organized crime operates -Illegal Drugs -Drug Trafficking -Computer- related Crime -Theft of Technology -Industrial Espionage -Arms dealing -Art and Cultural Object Theft -Dealing of body parts such as kidneys and hearts -Kidnapping -Human trafficking -Slavery and prostitution
CONTEXT OF ORGANIZED CRIMES
- seen as an extremely serious problem in the post-Soviet societies of Eastern Europe, developed their entrepreneurial skill in the context of such market economies - traditions and political structures conducive to corruption are also very important to the development of organized crime • rich and poor Organized Crime
political and law enforcement corruption
CHARACTERISTICS OF ORGANIZED CRIME 1. 2. 3. 4.
It is conspiracy activity involving coordination of . Economic gain is their primary goal. Economic gain is their primary goal. Employs predatory tactics such as intimidation, violence and corruption. 5. Effective control over , associates, and victims. 6. Organized crime does not include terrorist dedicated to political change.
TRADITIONAL ORGANIZED CRIME 1. Italian-American Mafia The word Mafia did not appear in print until the mid-1860s and was thought to be understood by most Sicilians. Part of the dialect used in the poorer districts of Palermo, Sicily, Mafia and mafioso commonly referred to beauty, perfection, grace, and excellence, but when applied to a man, mafioso “connotes pride, self-confidence, and vainglorious behavior” (Hess 1973). Cosa means a family consisting of a handful to over one hundred (100) under the leadership of a capo. Each family claims an illicit monopoly in a certain territory. They are coordinated on the provincial level by a so-called commisionne or copula. Above the provincial level, a commisionne interprovinciale has been created as the supreme coordinated body.
TRADITIONAL ORGANIZED CRIME 2. Japan’s Yakuza “Yakuza” comes from a card game called oichokabu, which is like baccarat because the point value of a particular hand is based on the final digit of that hand’s total score. To illustrate, the literal meaning of “yakuza” comes from a hand that contains cards worth 8 + 9 + 3 = 20 points. The point value of each card in the hand creates the three syllables of the word “yakuza”: ya for yattsu, which means eight, ku stands for nine, and za for san, three, all of which combine to produce “yakuza.” The word “yakuza” would be used to “denote a person who is not valued by society, a misfit, loser, or outcast.” These meanings would become central to yakuza identity, since “the Yakuza traditionally liked to project the image of being underdogs or rejects.”
Yakuza Hierarchy
3. Chinese Triads The Triads were started as a resistance to the Manchu Emperor of the Qing Dynasty. The ethnic Manchus were regarded as a foreign occupants at that time. In the 1760s, a society called the Tian Di Hui, “The Society of Heaven and Earth,” was formed in China. Its purpose was to overthrow the Manchu-led Qing Dynasty and restore Han Chinese rule. As the Tian Di Hui spread through different parts of China, it branched off into many groups and became known by many names, one of which was “Sanhehui”, literally “Three Harmonies Society”, referring to the unity between Heaven, Earth and Man.
3. Chinese Triads
Chinese Triad’s Hierarchy
ORGANIZED CRIME IN THE PHILIPPINES 1. Francisco Group 2. Pentagon Group 3. Rex “Wacky” Salud
ACTIVITIES OF ORGANIZED CRIME 1.Drug Trafficking 2.Kidnap-for-Ransom 3.Robbery-Hold-Up 4.Carnapping
DEVELOPMENT OF ORGANIZED CRIME
• The newest growth sectors for organized crimes are identity theft and online extortion. • Organized crime using the internet is much harder to trace down for the police
GOVERNMENT AND ORGANIZED CRIME • World-famous political and military leaders have been accused of running their countries like criminal organizations: • Joseph Stalin • Adolf Hitler • Mao Zedong • Nicolae Ceausescu • Idi Amin Dada • Manuel Antonio • Noriega Moreno • and Augusto Jose Ramon Pinochet Ugarte
PHILIPPINE LAWS ON ORGANIZED CRIME • there is no law that specifically defines and punished organized crime. Therefore, it is not regarded as crime per se, in the same manner that an individual cannot be regarded as a criminal by merely associating with an organized crime. • In the absence of specific law in the Philippines against organized crime, conspiracy may find application. • A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. • the R.A. No. 9160 or the “Anti-Money Laundering Act” was enacted in 2001, and amended by R.A. No. 9194
ASSESSMENT ON ORGANIZED CRIME • Organized crimes keep their illegal operations secret and confer by word of mouth. • Gangs sometimes becomes sufficiently systematic to be called organized. • A criminal organization depends in part on from the society in which it exists. • integrated into lawful society, shielded by corrupt law enforcement officers and politicians.
CONCLUSIONS • Organized Crime Groups continuously exist without any clear explanations about their existence. Such groups acquires money regardless of means, may it be legal or illegal as long as they earned money to continue their existence and gain more power through different criminal activities. • Organized Crime Groups continue to exist due to strong type of istration. From its leaders to its , the laws were promulgated well. Its ’ loyalty, swift discipline and other in-house rules even eliminating lives that could affect the entire organization and other criminal businesses. Their organization is bond with strong will to achieve economic gain through any means. Proof written in the history were traditional organized groups that persisted so many years and had been part of our history, namely, Italian- American Mafia; Japan’s Yakuza; and Chinese Triad. • In the Philippines, four (4) groups had been so famous in committing crimes; the Kuratong Baleleng Group; the Pentagon Group; the Lexuz Group and Rex Wacky Salud Group. These groups had been notoriously committing crimes beyond the government’s capacity to eradicate all of them. One group might have fallen but time will come another one will be created. Yet, no preventive measures have been created to avoid such creation of these groups.
CONCLUSIONS • Organized Crime Groups time by time create different means to gain money and power. Most famous activities were Drug Trafficking, Kidnap for Ransom, Robbery hold up and carnapping. These activities may give the organization more profit comparing to petty activities just made to cover up their real businesses. • In the Philippines, no law specifically defines organized crime. Our country created specific laws that deal with specific crimes that can be found in Revised Penal Code and Special Penal Laws. Therefore, an individual cannot be regarded as a criminal by merely ing an organized crime group unless it becomes a syndicate, a group of three or more persons conspiring or confederating with one another committing crimes covered by Philippine Special Laws like illegal recruitment, trafficking in persons, estafa, and other illegal activities. In addition, in the absence of specific law against organized crime, the provision in the Revised Penal Code on “conspiracy” may find application. It exists when two or more persons comes to an agreement concerning the commission of a felony and decide to commit it. In this aspect, co-conspirators share equal criminal liabilities regardless of their level of participation.
RECOMMENDATIONS • Through studying and reading few knowledge about the historical development of organized crime, I strongly recommend the following: • The existence of organized crime groups aiming to acquire dirty money to its society regardless of means employ to commit it must be given priority of the government. As they build a strong istration to gain success on their criminal activities, our government must also take advance steps to conquer the enemy. • Their unquestionable loyalty and resilient discipline covered by their own laws must be taken into consideration. The world knew the history of mafia, yakuza and even the triads. Leaders must know that the organized crime groups were not just a simple group to be eradicated. Through history, their hierarchy shows how established they are and how strong they may be. It is far more than a simple criminal to wipe out, it is a huge enemy to be confronted which requires more extensive research and studies about their istration.
RECOMMENDATIONS • Philippine organize crime groups on the other hand, might not be as organized as the groups previously mentioned, but our government must take into consideration that through our technology today nothing is impossible. They could acquire more massive way of committing crimes to gain what they aim for. • If their most famous activities were Drug Trafficking, Kidnap for Ransom, Robbery hold up and carnapping, our law enforcers should keep an eye on these crimes and conduct more trainings for them to be advanced in battling these crimes. Informing the society regarding such unlawful activities and teaching them how not to become a victim may also help our country in facing huge problems in the mere future. • The Philippines has no specific law punishing organized crime group, hence, our law makers must formulate new laws that will prevent them in organizing such group before illicit activities be committed.
End of Presentation