ORGANISED CRIME INVESTIGATIONS: POLICE STATION LEVEL. Doraval Govender

Transcription

1 ORGANISED CRIME INVESTIGATIONS: POLICE STATION LEVEL Doraval Govender 1

2 STRUCTURE OF PRESENTATION 1. Introduction 2. Organised crime 3. Background 4. Lessons learnt in the investigation of organised crime: 5.1 Facilitation 5.2 Legislation and international cooperation 5.3 Strategies and methods 5.4 Professionalisation 6. Recommendation 7.Conclusion 2

3 INTRODUCTION 1980 s : The world experienced a rapid expansion of organised crime and of transnational criminal activities 1980 s : Organised criminal groups to the north of South Africa were in their infancy 3

4 INTRODUCTION 1980 s : South Africa was not concerned with organised crime, as it was not identified as a serious threat to the country South Africa was epitomised by: international isolation, political turmoil and an inward-looking, authoritarian apartheid government (Gastrow,1998: 2). 4

5 INTRODUCTION This presentation is directed at investigators, mainly those investigators who investigate criminal gangs, crime syndicates and organised criminal groups at police station level Those who do not make use of funds from the Secret Services Account (SSA) in terms of the Secret Services Act 56 of 1978 for intelligence collection 5

6 BACKGROUND Pre 1995 : Investigators from police stations were responsible for the investigation of organised crime involving criminal gangs, crime syndicates and organised criminal groups 6

7 BACKGROUND 1995: The South African Police Service (SAPS) formed anti-organised crime units, to focus on the investigation of organised crime (Venter, 2003:383). 1998: The Scorpions were established in South Africa to address serious organised crime, serious commercial crime and serious corruption investigations 7

8 BACKGROUND 2003: National and Provincial organised crime units were established to investigate provincial/national organised crime and transnational crime Investigators from police stations were once again made responsible for the investigation of organised crime involving criminal gangs, crime syndicates and local organised criminal groups 8

9 BACKGROUND Police station level investigators investigate these cases with Conventional investigation knowledge, skills and understanding heavy case loads limited resources 9

10 BACKGROUND Since 1980 s, many lessons have been learnt nationally and internationally on how to investigate organised crime Despite these lessons we still have the so called fire brigade investigation at police station level 10

11 BACKGROUND The fire is put out by investigating a case in a routine repetitive fashion, relying on information supplied by complainants, victims, witnesses and suspected persons 11

12 BACKGROUND There is nothing strategic about the response There are no short, medium or long term objectives No plans are made to do a paper trail to trace the kingpins of the criminal group 12

13 BACKGROUND In the majority of cases, very little or nothing is done to confirm whether the arrested person/s belong to a criminal gang, crime syndicate or organised criminal group 13

14 BACKGROUND Owing to heavy case loads at police station level, follow up investigations are rarely done Often investigators withdraw from doing further investigations and move onto the next urgent case on hand 14

15 BACKGROUND In most of the successfully investigated cases the arrested person/s (foot soldiers) are convicted and sentenced to a fine or imprisonment After a short duration they are back on the streets working with the same criminal gang, crime syndicate or organised criminal group 15

16 ORGANISED CRIME Criminal gangs Criminal syndicate Organised criminal group 16

17 ORGANISED CRIME a criminal gang includes any formal or informal organisation, association or group of three or more persons, which has as one of its activities the commission of one or more criminal offences which has an identifiable name or symbol, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity (Prevention of Organised Crime Act 121 of 1999) 17

18 ORGANISED CRIME A crime syndicate may be defined as a hierarchic structure which starts with foot soldiers at street level that pedal drugs, steal vehicles, laptops and commit street robberies and other day to day crimes. The stolen goods are passed onto their first line supervisors who then pass them on to mid-level managers for disposal with the full knowledge of the top- level leader or boss (Moss, 1998: 23) 18

19 ORGANISED CRIME "Organised crime consists of those serious criminal offences committed by a criminal organisation which is based on a structured association of more than two persons acting in concert over a prolonged period of time in pursuit of both their criminal objectives and profits (Gastrow,1998: 6) 19

20 ORGANISED CRIME The majority of organized crime structures in South Africa are informal associations which change daily, the focus being on the conduct and the nature of their criminal associations rather than their structure 20

21 ORGANISED CRIME What do we consider as organised crime in South Africa? Based on the aforementioned, organised crime may be contextualized as criminal activities being carried out by gangs, syndicates and organised criminal groups with a common purpose in mind 21

22 LESSONS LEARNT IN THE INVESTIGATION OF ORGANISED CRIME 22

23 FACILITATION Strategic picture of organised crime Nature and extent of organised criminal activity Proactive measures Crime Threat Assessment (CTA) document Physical, financial and intelligence collection/analysis resources 23

24 FACILITATION Monitoring and evaluation Impact on the economy Thorough investigation and follow-up to arrest every person involved in the criminal activity from grassroots level to the kingpins at the top Intervention by senior management or a political authority 24

25 LEGISLATION Legislation in Zimbabwe enables the police to arrest suspects and seize articles used in the commission of organised crime The Italian police introduced legislation on money laundering and legal provisions for those organised group members who collaborated with law enforcement officials 25

26 LEGISLATION The measures used to investigate organised crime in Argentina include legislative and organisational policies implemented through criminal law In the United States (US), the Racketeering Influenced and Corrupt Organisations (RICO) statute has been successfully used against terrorists, investment companies, drug dealers, and other organised crime perpetrators 26

27 LEGISLATION Many laws were passed in South Africa to assist in the investigation of organised crime. In the majority of cases these laws are not shared with investigators at police station level As a result police station level investigators fall short of this legal knowledge. 27

28 LEGISLATION Many investigators at police station level do not use these empowerment laws for the investigation of organised crime. Criminal gangs, syndicates and organised criminal groups take advantage of such police handicaps 28

29 INTERNATIONAL COOPERATION Organised crime poses a significant threat against the economic and political stability of a nation Local approach by general investigators from police station level is clearly inadequate. 29

30 INTERNATIONAL COOPERATION Interpol provides a unique global police communication system, with a range of criminal databases and analytical services, as well as giving proactive support for police operations throughout the world Networking with external agencies nationally and transnational will help in the dismantling of organised criminal groups 30

31 INTERNATIONAL COOPERATION China has participated in international treaties, such as the international drug treaty, joined Interpol and has worked in concert with other countries in the battle against organised crime. China has also signed judicial-assistance treaties with many countries and has taken part in bilateral and multilateral cooperation in certain international programs 31

32 INTERNATIONAL COOPERATION Several international initiatives have been undertaken to control money laundering. In 1998 the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic substances was adopted to criminalise cross border laundering of money derived from drug trafficking and to enable extradition processes between signatory states. 32

33 INTERNATIONAL COOPERATION In Sub-Saharan Africa, the South African Regional Chiefs Cooperation Organisation (SARPCCO) and the Inter-State Defence Security Conference (ISDSC), Interpol and the Regional Intelligence Liaison Office (RILO), has been established to look at international co-operation and organised crime and all the information and intelligence related thereto 33

34 STRATEGIES Strategies should be directed at Prevention, Detection, Investigation Documentation 34

35 STRATEGIES In Zimbabwe, the Zimbabwean police have done well in the area of prevention and have done well by reaping immense benefits from public education programs. Increase public awareness on crime issues made citizens less vulnerable and the criminals job more difficult 35

36 STRATEGIES Canada has successfully used police community partnerships to reduce both the supply and demand for a variety of illegal goods and services Criminals have much interaction with conventional members of society in the course of providing them with illegal goods and services 36

37 STRATEGIES To increase the detection of organised crime activities, the Zimbabwean Police have introduced hotlines, suggestion boxes, created specialised ant-organised crime investigation units, and developed an effective intelligence network which has in their experience proven invaluable in investigating organised crime 37

38 STRATEGIES Zimbabwe uses the teamwork approach to investigate organised crime with clear set goals, objectives and standards, has kept criminal groups on the move, with no time to re-group The teams are able to gather information on suspects, wanted persons, and habitual criminals, while monitoring the patterns, trends and modus operandi 38

39 STRATEGIES The Dutch Minister of Justice from the Netherlands discovered that organised crime cannot be investigated with the same approach as ordinary crimes. Crime Information Units (CIUs) were set up and the process of crime analysis was introduced and further developed within the police 39

40 STRATEGIES Since 1992, the Netherlands Police have established core teams, so that organised crime is tackled at supra-regional levels. with one national investigative team These teams use latest views and methods in order to tackle organised crime 40

41 STRATEGIES During 1994, the Netherlands government also established the Office for the Disclosure of Unusual Transactions (ODUT), where financial institutions are required by law to report questionable transactions to this office, for follow up 41

42 STRATEGIES Russia In 1918,organised crime was ruthlessly suppressed by the revolutionary and military tribunals In 1922, it was execution together with the confiscation of property for ganging or gangsterism related crimes. In 1926, it changed to deprivation of freedom for a term not less than three years together with the confiscation of property for gang related crime 42

43 STRATEGIES In1996, organised crime punishment was deprivation of freedom from eight to twenty years or the deprivation of life through the death penalty. In all these cases, the common purpose of the group is taken into consideration In present day Russia, it is very difficult to deal with organised crime, mainly because of the difficulty to devise a real and successful counteraction to organised crime in conditions of economic, financial, social, political crisis and instability with total corruption of power structures, police and courts. 43

44 STRATEGIES The police from Slovenia rely on undercover operations to investigate organised crime. The Slovenian Code of Criminal Procedure allows the police to use special measures which may be ordered by the investigative judge upon a substantiated motion filed by the state prosecutor 44

45 STRATEGIES Slovenia - Special Sector for Organised Crime Investigations was established in the Criminal Investigation Directorate at the Ministry for Interior. This special sector is divided into drugs, anti-terrorism, and general organised crime. Special units in the Criminal Service Bureau were introduced for the fight against organised crime 45

46 STRATEGIES Slovenia: A lot of emphasis is also given to the establishment of analytical support both tactically and strategically In this regard, no major case is investigated without the help of an analyst 46

47 STRATEGIES In Austria new units were created in the 1990 s to address organised crime Computer technology help to analyse crime structures, records of persons and enterprises Vast data can be stored in computers and their analysis assists in the assimilation of historical data, review of case files, review of court documents, examination of public documents and other related information 47

48 STRATEGIES Besides the intensive analytical methods, monitoring, physical surveillance, electronic surveillance, and wire tapping are some of the technical measures being tried to combat organised crime in Austria. However, all these methods need a modern, educated police officer, more of a technocrat than an investigator in the traditional sense. A new profile of a police officer is necessary 48

49 STRATEGIES Short term counter strategies to investigate organised crime, such as stealing of motor vehicles, smuggling of people, arms, drug trafficking, and money laundering are needed Organised crime operates through some of these most well- known types of crime, and effective investigations have to target these specific crimes in order to neutralise organised criminal groups 49

50 STRATEGIES Austria: Organised crime operates through some of these most well- known types of crime, and effective investigations have to target these specific crimes in order to neutralise organised criminal groups. Strategies range from investigating specific cases to targeting particular gang members and leaders. It is only by working on specific cases and gathering evidence that sufficient information can be constructed to bring big time operators to justice 50

51 STRATEGIES Europe: Law enforcement strategies aiming to penetrate into organised crime groups by using traditional policing methods and techniques are said to be most unsuccessful. It was found that only special investigative techniques, such as telephonic tapping, undercover (sting) operations, and controlled delivery can obtain better results 51

52 STRATEGIES India introduced two measures to combat organised crime The first is the so called executive measure that forms the strategy of law enforcement that brings together different government departments with different knowledge and skills that constitutes efforts by the state to fight organised crime 52

53 STRATEGIES The other is what is called non- executive forums that include different non-governmental groups (NGO s) One such non- executive forum being the human rights groups who have empowered the people to resist extortion and abuse by organised syndicates 53

54 STRATEGIES The government of India has provided attractive incentives to encourage officers to combat organised crime Officials responsible for the seizure of goods from organised crime syndicates will qualify for a certain percentage of seized goods as reward for their efforts., Other types of incentives include accelerated promotions and jobs to family members. 54

55 STRATEGIES The Japanese have established centres to encourage and promote movements for the elimination of violence in society propagated by the Boryokudan. These centres design and conduct publicity through the media for the purpose of disseminating knowledge relating to the prevention of unjust acts by the Boryokudan members 55

56 STRATEGIES China :In May 1995, the Ministry of Public Security Bureau of Criminal Investigation initiated an Organised Crime Theory-Study Group for investigators, specialists, and theoreticians to promote the study of organised crime by uniting theory and actual practice and to enhance theoretical guidance on anti-organised crime work 56

57 STRATEGIES Colombia through the National Council on Narcotics, designed a national plan, whose objective is to confront and reduce systematically the causes and manifestation of the drug problem. This plan helped to strike at the heart of the problem- the Colombian cartels, by causing destruction of the distribution systems of the drugs through different network organisations 57

58 STRATEGIES New Zealand: If the illegal profile of a gang grows unacceptably high, or the gang is considered to becoming a public menace, rigorous short term harassment operations are taken. 58

59 STRATEGIES South Africa: The National Crime Prevention Strategy (NCPS) was introduced to address organised criminal activities in a multidisciplinary way, using a range of departments to maximise crime combatting efforts. Where is it NOW? 59

60 METHODS Convential investigation methods Investigators use traditional investigation methods and techniques to conduct police investigations. The investigator relies entirely on public support to investigate the allegations 60

61 METHODS Unconventional investigation methods Investigators use a number of investigation methods and techniques other than those used in conventional investigations These methods and techniques are mainly proactive and are aimed at a person or organisation, rather than at the crime 61

62 METHODS Unconventional investigations include Surveillance Infiltration (agents and informers) Penetration (recruiting a syndicate member as an informer) Target analysis Confiscation of the proceed of crime. 62

63 METHODS Organised Crime Risk Analysis In order to effectively address organised crime, the investigator must know it, understand it and study it on a fulltime basis A continuously updated Organised Crime Risk Analysis (OCRA) is essential to identify and prioritise the real problem for attention 63

64 METHODS Intelligence Intelligence in organised crime investigations may be defined as a method of getting to know the enemy s activities, a way of handling new and complex processes, or simply the application of knowledge or information to deal with a given task 64

65 METHODS The production of intelligence has four main stages: collection, evaluation, analysis dissemination actioning 65

66 METHODS The Australian law enforcement gives recognition to the cooperation between agencies at an operational and strategic level to counteract organised crime. The National Crime Authority (NCA) in Australia handles the collection, analysis, and dissemination of information and intelligence relevant to criminal activities including organised crime 66

67 METHODS Australia law enforcement benefits by the sharing of intelligence between law enforcement agencies, to acquire a better picture of organised criminal structures, players and activities better intelligence is more likely to lead to better assessments of the vulnerabilities of criminal organisations; and cooperation ensures a much more effective and efficient use of resources 67

68 PROFESSIONALISATION The professional practice, sometimes also called expert knowledge, of any occupational group consists of particular competencies, specialised knowledge and practices used by occupations claiming autonomy and authority to solve specific types of problems 68

69 PROFESSIONALISATION The knowledge required for professional practice is generally produced by an academic community with strong links to practitioners and is contained in professional literature. The knowledge should consist of legal knowledge, national and local policies, and investigative principles 69

70 PROFESSIONALISATION Investigators also need a range of practical skills in carrying out the techniques of investigation and in investigative decision- making To be considered professional, investigators need to understand how best to apply their knowledge and skills in operational situations 70

71 PROFESSIONALISATION It is only a well-trained and professional investigator that can deal effectively with criminal gangs, syndicates and organised criminal groups 71

72 RECOMMENDATION The author is in favour of using both the proactive and reactive strategies to target the criminal gang, syndicate or organised criminal group and its members rather than the crimes 72

73 RECOMMENDATION Desks Information Intelligence Analysis Linkage (ANAC) Threat analysis intelligence product Strategies to neutralise threat 73

74 CONCLUSION The organised crime investigator should be assisted by police management with the required resources and commitment to successfully investigate the criminal group, syndicate or criminal organisation 74

75 THANK YOU 75