Environmental crimes as an emerging form of crime managed by transnational organized networks

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Environmental crimes as an emerging form of crime managed by transnational organized networks Expert Group 2: Environmental crimes: a growing business for organised crime and corruption Elena D Angelo Emerging Crimes Unit UNICRI

Mandate of UNICRI: UNICRI is a United Nations entity created in 1968 and mandated to assist intergovernmental, governmental and non-governmental organizations in formulating and implementing improved policies in the field of crime prevention and criminal justice. 2

UNICRI goals and activities UNICRI goals are: to advance understanding of crime-related problems to foster just and efficient criminal justice systems to support the respect of international instruments and other standards to facilitate international law enforcement cooperation and judicial assistance UNICRI activities tackle major concerns in the field of crime prevention and criminal justice: organized crime and illicit trafficking environmental crimes counterfeiting corruption cyber-crime security governance and counter-terrorism violence against women and protection of victims juvenile justice 3

For UNICRI, Eco-Crimes have relevance in at least three different aspects: 1. Organized crime is involved in many forms of environmental crime 2. They impose a security and safety threat to a large number of people 3. They have a negative impact on the rule of law, development and economy 4

Why Environmental Crimes? Emerging form of transnational organized crime Led by high profits, low risk of detection, prosecution and conviction rates Danger to human health and environment Threat to security, social and economic development, posed by organized crime to infringement of right to health and life, to freely utilize their own natural resources Erosion of state authority: corruption, tax evasion, lawlessness 5

UNICRI Eco-Crime Programme Since 1991 UNICRI is analyzing crimes against the environment I. RESEARCH ACTIVITIES Data collection and mapping of illicit trafficking cases (2005-2011) Identification of risk factors linked to organized crime II. III. OUTREACH ACTIVITIES Seminars for general public Awareness raising roundtables CAPACITY BUILDING AND TRAININGS 6

UNICRI expertise in analysis of Organized Crime (OC) Organised crime is a cross-cutting issue, linked to other serious forms of crime Multidisciplinary approach Evidence-based research for informed policy-making, ad-hoc technical assistance programmes and capacity building trainings 7

OC Transnational Networks involved in different criminal activities Trade barriers falling apart & new technological innovations Legal systems non-homogeneous in different countries Movements, trades, money transfers, computer exchanges facilitated by globalisation Different criminal organizations cooperate for transnational criminal actions/markets 8

OC Transnational Networks involved in different criminal activities Diversification of activities and interest towards licit sectors Gradual transformation from hierarchical structures into loose networks Higher profits & lower risks Corruption Violence and Intimidation 9

Evidence Operation Chinese shadows Containers with recycled material directed to China from Italian port Voltri, Genoa The case: Mixed, toxic and e-waste Italian-Chinese transnational organised network involved in illicit trade of toxic waste, existing for 5 years, with annual profit of approximately 1 million euro 3 Chinese and 4 Italian citizens prosecuted Links to other serious crimes: Organised crime (Italian-Chinese transnational organised network) Corruption (companies for disposal of special waste, chemical-environmental analysts, shipping companies) Counterfeiting (toys made of waste) 10

Evidence - Operation Grande Muraglia Gioia Tauro Port 2006 135 containers seized with e-waste 32 charges Italian Regions involved: Calabria, Puglia, Campania, Lombardia, Lazio Foreign Countries involved: China, India, Russia, Liberia and Nigeria 11

Connection with other serious crimes Evidences of a range of other associated serious offences used to facilitate the principal offence and committed in the aftermath of an environmental crime Counterfeiting Corruption Money Laundering Human Trafficking Document fraud Tax Evasion Illicit Drugs Trafficking 26/11/12 12

Connection with other serious crimes: evidences Corruption in forestry sector Supply-side corruption & Demand-side corruption The negative relationship between good governance and illegal logging Source: Seneca Creek Assoc. 2004 13

Connection with other serious crimes: evidences Counterfeiting & Illicit Waste Management Substandard counterfeit products can have environmentally damaging consequences Electronic and plastic waste illegally managed can be used to produce counterfeit goods without being properly treated/recycled and with no attention to the risks for consumers Negative impacts of counterfeiting on the environment as the growing volume of seized goods raises environmental issues Same modus operandi / actors / routes / final product 14

Connection with other serious crimes: evidences Human Trafficking in the Fishing Industry 1) Trafficking for purpose of forced labour, i.e. on board fishing vessels 2) Women and children vulnerable to organized exploitation of prostitution Further links with corruption, other environmental crimes, illicit drugs trafficking 15

Connection with other serious crimes: evidences Money Laundering Environmental crimes can generate vast amounts of profit that need to be laundered to disguise their illegal origin Offenders clean their funds by laundering the money through other equally illicit networks, thereby forming strong links to other criminal arenas In a cash economy such as environmental crime, alternative investigation techniques are needed in order to combat sophisticated criminals and prevent them from realising the proceeds of their crime 16

Proposed Recommendations In accordance with the adopted ECOSOC Resolution, research activities should focus on providing clear evidences of the relationship between organized crime and environmental crime, analyzing their modus operandi, understanding the drivers of their decision-making process and where profits are invested Encourage the application of advanced intelligence and investigation techniques, such as the ones envisaged by the United Nations Convention Against Transnational Organized Crime (UNTOC) and the United Nations Convention against Corruption (UNCAC), in order to identify entities actively engaged in cross border environmental offences 17

Proposed Recommendations Support the adoption of improved intelligence-based policies and strategies against environmental crime, through the establishment of an online searchable environmental crime intelligence database Increase efforts to co-operate and exchange information with competent national authorities, international organizations as well as other customs administrations Provide support in strengthening the capacities of officials personnel in detecting and prosecuting environmental crime offenders through ad hoc specialized trainings and in awareness raising activities 18

Thank you for your attention. www.unicri.it dangelo@unicri