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Posts tagged economic crime
Mapping the risk of serious and organised crime infiltrating legitimate businesses: Final report

Edited by Shann Hulme, Emma Disley and Emma Louise Blondes  

The economic and social harms from serious and organised crime (SOC) are multifaceted and wide-reaching, and span the individual, community and societal level. Appropriate targeting of resources to tackle SOC relies upon accurate information about the extent and nature of the phenomenon. However, the hidden nature of SOC means that measuring its size and scale is inherently challenging. The European Commission, DG Migration and Home Affairs, called for a study ‘Mapping the risk of serious and organised crime infiltrating legitimate businesses’ to improve the evidence-base in relation to SOC in the EU.

Brussels: European Commission, 2021. 166p.

Fuel Trafficking in the Sahel

By The United Nations Office on Drugs and Crime

The ratio of registered vehicles to people in the Sahel countries is low and per capita daily gasoline consumption is estimated to be among the lowest in the world. Nevertheless, an average at-pump price of $1 per litre would result in a combined annual total market value of at least 5 billion United States dollars ($) for both legal and illegal fuel in the region. Despite some of them producing oil, the Sahel countries rely on fuel imports from Algeria, Libya and Nigeria, where fuel is heavily subsidized. It appears that the low fuel prices in Algeria, Libya and Nigeria are among the most significant drivers of fuel trafficking in the Sahel. In addition to fuel trafficking, cheap gasoline and diesel also fuel the activities of illegal non-state armed groups, including groups deemed “terrorist” by the international community. Moreover, there are some indications that there may be deeper linkages to other forms of smuggling, such as trafficking in medical products, drugs and firearms. There are four major fuel trafficking flows into the Sahel countries: from Nigeria via Benin to Burkina Faso and Mali; from Nigeria via the Niger to Mali; from Algeria to Mali; and from Libya to the Niger and Chad. A large portion of the market for trafficked fuel in the Sahel countries appears to be informally organized. However, recent investigations have revealed the involvement of structured groups with links to prominent individuals with interests in retail fuel companies, financial institutions and corrupt law enforcement officials. This highlights the importance of the formal trade in laundering smuggled fuel. Companies associated with individuals under United Nations Security Council sanctions are also reported to be involved in fuel smuggling from the Niger to Mali. The introduction of fuel subsidies and licensing policies has led to the emergence of powerful business elites in the Sahel countries with sufficient political influence to protect fuel smuggling activities. Opportunities to earn illegal revenue indirectly from fuel trafficking through bribery and other forms of corruption compromise the level of repression that the Sahel countries can exercise on the illicit fuel trade. Issues with, and gaps in, the rule of law in some areas, owing to a combination of a high level of insecurity and vast, porous borders, constitute a key enabling

factor for fuel trafficking in the Sahel. The lack of state presence in remote areas gives room for the proliferation of criminal activities.

Vienna: UNODC, 2022. 24p.

Regressive White-Collar Crime

By Stephanie Holmes Didwania

Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and other financial crimes tends to focus on the absence of so-called “white-collar” prosecutions against wealthy executives. This Article complicates that familiar narrative. It contains the first nationwide account of how the United States actually prosecutes financial crime. It shows—contrary to dominant academic and public discourse—that the government prosecutes an enormous number of people for financial crimes and that these prosecutions disproportionately involve the least advantaged U.S. residents accused of low-level offenses. This empirical account directly contradicts the aspiration advanced by the FBI and Department of Justice that federal prosecution ought to be reserved for only the most egregious and sophisticated financial crimes. This article argues, in other words, that the term “white-collar crime” is a misnomer.

To build this empirical foundation, the Article uses comprehensive data of the roughly two million federal criminal cases prosecuted over the last three decades matched to county-level population data from the U.S. Census. It demonstrates the history, geography, and inequality that characterize federal financial crime cases, which include myriad crimes such as identity theft, mail and wire fraud, public benefits fraud, and tax fraud, to name just a few. It shows that financial crime defendants are disproportionately low-income and Black, and that this overrepresentation is not only a nationwide pattern, but also a pattern in nearly every federal district in the United States. What’s more, the financial crimes prosecuted against these overrepresented defendants are on average the least serious. This Article ends by exploring how formal law and policy, structural incentives, and individual biases could easily create a prosecutorial regime for financial crime that reinforces inequality based on race, gender, and wealth.

Northwestern Law & Econ Research Paper Forthcoming, outhern California Law Review, Vol. 97, 2024, 54 pages

What Does Federal Economic Crime Really Look Like?

By Courtney Semisch

This publication provides data on the broad variety of economic crime sentenced under §2B1.1.  The Commission undertook a project to systematically identify and classify the myriad of economic crimes sentenced under §2B1.1 using offenders' statutes of conviction and offense conduct. The Commission used this two-step methodology to assign the 6,068 offenders sentenced under §2B1.1 in fiscal year 2017 to one of 29 specific types of economic crime. This publication provides, for the first time, data from this new project as well as a brief description of the study's methodology.

Washington, DC: United States Sentencing Commission, 2019. 87p.

The Criminal History of Federal Economic Crime Offenders

By Courtney Semisch

For the first time, this report provides in-depth criminal history information about federal economic crime offenders, combining the most recently available data from two United States Sentencing Commission projects. Key findings are that the application of guideline criminal history provisions differed among the different types of economic crime offenders. Also, The extent of prior convictions differed among the different types of economic crime offenders. Federal economic crime offenders did not “specialize” in economic crime. The severity of criminal history differed for offenders in the specific types of economic crime. Only about one-quarter of federal economic crime offenders with prior convictions were not assigned criminal history points under the guidelines.

Washington, DC: United States Sentencing Commission, 2020. 56p.

A Report of Blockchain and Cryptocurrencies in Illegal Betting:

By The Asian Racing Federation Council on Anti-illegal Betting & Related Financial Crime

The purpose of this report is to explain how blockchain technology and cryptocurrencies are being used in the illegal betting industry in Asia. Blockchain and cryptocurrencies have been widely adopted in the betting industry in the form of payments, betting applications built on blockchain technology and to move funds. The emergence of this technology is a threat to legal betting because of the intrinsic features of many cryptocurrencies, such as: facilitating avoidance of anti-money laundering (AML) and know-your-customer (KYC) procedures by betting operators; circumvention by operators of international betting regulatory and licensing requirements; and instantaneous and anonymous cross-border transactions from bettors and operators. All of these features are attractive to bettors and operators in jurisdictions where online betting is illegal and/or restricted. Regulators in many jurisdictions have also been slow to keep up with the growth of blockchain,1 creating loopholes exploited by organised crime. International law enforcement and anti-money laundering bodies have highlighted that blockchain and cryptocurrencies facilitate illicit activities including illegal betting and money laundering. 2 As a measure of the growth of cryptocurrency in betting, Bitcoin is now accepted on at least 127 offshore sports betting websites and 284 online casinos, which is a seven- and 13-fold increase respectively since 2018.3 In addition to Bitcoin, at least 780 offshore websites accept one or more of the five biggest cryptocurrencies,4 and most of these websites accept players from jurisdictions such as Hong Kong (83%), Australia (78%), Japan (92%) and Singapore (82%). 5 Cryptocurrencies further facilitate illegal betting by giving the operators of illegal bookmaking syndicates and related entities such as Macau casino junket operators a means of transferring money without detection in order to offshore the criminal proceeds of their illegal betting operations, settle payments with customers, and pay employees in overseas illegal betting hubs such as the Philippines. For these reasons they have also been enthusiastically adopted by entities linked to the junket industry.

The Asian Racing Federation Council. 2021. 12p.

Economic impact of illicit tobacco in Australia

By BIS OXFORD ECONOMICS

The consumption of Illicit tobacco has become a substantial problem for Australia in recent years. With illicit tobacco offering higher profit margins than illegal drugs such as cocaine, it presents several significant problems for government and society, including: - depriving the government of tax revenues, reducing its ability to deliver basic services and valuable social programmes; - displacing legal activity within the retail, wholesale and logistics industries; and - corrupting institutions, enabling money laundering, and providing revenues for organised crime, including potentially financing terrorist activities. This study by BIS Oxford Economics, commissioned by British American Tobacco Australia (BATA), provides information on several key issues, namely: - assessment of the value of the legal supply chain; - estimation of the tax and industry; - legal economy losses to illicit operators; and - examination of the harms caused by illicit tobacco trade

Sydney: BIS Oxford Economics, 2021. 43p.

Daylight Robbery: Uncovering the true cost of public sector fraud in the age of COVID-19

By Richard Walton, Sophia Falkner and Benjamin Barnard

Research by Policy Exchange finds that fraud and error during the COVID-19 crisis will cost the UK Government in the region of £4.6 billion. The lower bound for the cost of fraud in this crisis is £1.3 billion and the upper bound is £7.9 billion, in light of total projected expenditure of £154.3 billion by the Government (excluding additional expenditure announced in the 8th July 2020 Economic Update). The true value may be closer to the upper bound, due to the higher than usual levels of fraud that normally accompany disaster management.

London: Policy Exchange, 2020. 78p.

Protecting the Perimeter: The Rise of External Fraud

By PwC

What are the biggest external frauds on the rise, what should you be aware of and how can you mitigate against them? We are delighted to share the key results of PwC’s Global Economic Crime and Fraud Survey 2022. External threats are on the rise. Preventing fraud and other economic crimes is a complex challenge, complicated even further by today’s volatile risk landscape. As organisations act quickly to navigate change, bad actors look to exploit the potentially widening cracks in fraud defenses.

London: PwC, 2022. 15p.

Developing Methodologies to Assess Organized Crime Strategies in Latin America

By Mark Ungar

Because of the increasingly organized and lethal nature of criminality in Latin America and Caribbean (LAC), OC policy may be the single most important safeguard for regional security. Nearly every current report, in fact, stresses OC’s increasingly threatening impact “on the economic and sociopolitical environment of the region” as it fuels manifestations of criminal violence such as “trafficking of persons, exploitation of natural resources, threats to protected areas, forced displacement, criminal governance, robbery, physical aggression, extortion and kidnapping,” according to UNDP. A recognition of the tandem growth of OC’s forms, though, does not mean a policy-relevant understanding of them. Such an understanding requires disentangling these crimes’ many overlapping sources, removing embedded layers of methodological obstruction, and attuning responses with OC practice. This multiple challenge, though, first requires stepping back to re-evaluate existing paradigms in at least three ways that this report discusses. First is to question existing OC data, since much of it is suspect, biased, or incomplete – reflecting the misalignment of institutional process and policy goals. Second is the ways in which OC draws its power from a multitude of local, national and regional links among non-state, economic, and state agencies that, like dark matter, are omnipresent but largely invisible. Third is a need to widen and re-examine physical and geographic space.

Miami: Florida International University, Jack D. Gordon Institute for Public Policy, 2021.

On the Trail of Illicit Gold Proceeds: Strengthening the Fight Against Illegal Mining Finances. Peru's Case.

By The Organization of American States, Department against Transnational Organized Crime

Peru’s well-developed mining sector has shaped the country’s economy and society to a significant degree. The mining sector contributes up to 10% of GDP, while minerals like gold and copper weigh heavily in Peru’s trade composition. Peru’s abundant reserves of mineral resources have helped to fuel the development of its mining sector, attracting a variety of small, medium, and large enterprises to engage in exploration and extraction. However, the country’s mineral wealth and governance challenges in remote mining areas, also offer ample opportunities for organized crime and illegal mining activity. As a result, large populations of illegal miners and transnational criminal networks have become deeply entrenched in Peru, giving the country a central role in the international illegal gold trade. While Peru has taken active steps to combat illegal gold mining and the sale and export of illegal gold, a variety of criminal actors have continued to successfully engage in and promote these illicit activities, producing detrimental effects for citizen security, the economy, and the environment.

Washington, DC: Organization of American States, Department against Transnational Organized Crime 2021. 40p.

llicit Goods Trafficking Via Port and Airport Facilities in Africa

By ENACT (Enhancing Africa’s response to transnational organized crime)

Ports and airports across Africa continue to be targeted by organised crime groups to traffic illicit goods.

The objective of this report is to assess how organised crime exploits ports and airports in Africa. It aims at identifying and analysing the latest transportation trends and methods used on the continent by organised crime, to further their sphere of operations. This will include detailed explanation of the criminals involved, trafficking routes and specific modus operandi, and recommendations to identify and disrupt these organised crime groups.

The assessment may ultimately help law enforcement in the appropriate targeting and disruption of transnational organised crime groups, and elicit law enforcement cooperation between countries to effectively fight the trafficking of illicit goods via ports and airports in Africa.

Enact (Africa): Lyon, France: INTERPOL, 2020. 47p.

Combating Economic Crimes: Balancing Competing Rights and Interests in Prosecuting the Crime of Illicit Enrichment

By Ndiva Kofele-Kale

In the last decade a new tool has been developed in the global war against official corruption through the introduction of the offense of "illicit enrichment" in almost every multilateral anti-corruption convention. Illicit enrichment is defined in these conventions to include a reverse burden clause which triggers an automatic presumption that any public official found in "possession of inexplicable wealth" must have acquired it illicitly. …Combating Economic Crimes therefore sets out to address what has been left unanswered by these multilateral conventions, to wit, the level of burden of proof that should be placed on a public official who is accused of illicitly enriching himself from the resources of the State, balanced against the protection of legitimate community interests and expectations for a corruption-free society. The book explores the doctrinal foundations of the right to a presumption of innocence and reviews the basic due process protections afforded to all accused persons in criminal trials by treaty, customary international law, and municipal law. The book then goes on to propose a framework for balancing and ‘situationalizing’ competing human rights and public interests in situations involving possible official corruption.

Milton Park, Abingdon, Oxon: Routledge, 2012. 248p.

Transnational Financial Crime

By Nikos Passas

Financial crime affects virtually all areas of public policy and is increasingly transnational. The essays in this volume address both the theoretical and policy issues arising from financial crime and feature a wide variety of case studies, and cover topics such as state revenue collection, criminal enterprises, money laundering, the use of new technologies and methods in financial crime, corruption, terrorism, proliferation of WMD, sanctions, third-world debt, procurement, telecommunications, cyberspace, the defense industry and intellectual property. Taken together, these essays form a must-read collection for scholars and students in law, finance and criminology

London; New York: Routledge, 2013. 642p.

The Economics of Crime: An Introduction to Rational Crime Analysis

By Harold Winter

Since Gary Becker’s seminal article in the late sixties, the economic analysis of crime has blossomed, from an interesting side field within law and economics, into a mature stand-alone sub-discipline that has been embraced by many well-respected academic economists. Wide ranging and accessible, this is the most up-to-date textbook in this area, taking current economic research and making it accessible to undergraduates and other interested readers. Without use of graphs or mathematical equations, Winter combines theory and empirical evidence with controversial examples from the news media.

London; Routledge, 2008. 146p.

Economic Gangsters: Corruption, Violence, and the Poverty Of Nations

By Raymond Fisman and Edward Miguel

Meet the economic gangster. He’s the United Nations diplomat who double parks his Mercedes on a New York street at rush hour, because the cops can’t touch him-he has diplomatic immunity. He’s the dictator, the warlord, the black marketeers, the unscrupulous bureaucrat who bilks the developing world of billions of aid—and keeps many communities in a cycle of violence and poverty.

We can stop this waste of resources as we follow the foreign aid money trail, and find solutions that can make tremendous difference to the developing world, solutions that can range from cash infusions to diffuse violence in times of drought to guiding the World Bank away from programs most susceptible to corruption. Economic data, often found in unexpected places, can become potent tools in understanding how the global market really works and what is getting in the way of economic progress.

Princeton, NJ: Princeton University Press, 2008. 256p.

Transnational Crime in the Americas: An Inter-American Dialogue Book

By Tom J. Farer

The most destructive forces in the Americas today is not El Nino - it is the criminal enterprises that recognise no geographic, legal or moral boundaries. This book exposes the main characteristics and effects of criminal enterprises in the Americas and considers realistic strategies for combating them. Looking at how crime penetrates private business, government and the everyday lives of the people, this collection examines the impact of criminal enterprises on the legitimate economy and the ability of states to promote the rule of law. It compares criminal enterprises in the Americas with other regions, and considers the foreign policy concerns of the US. With a recent upsurge in the scope, sophistication and cooperation among groups, this book is an essential tool for understanding omne of the greatest challenges to security, peace and democracy in the Americas.

New York: Routledge, 1999. 256p.

Organized Crime: From the Mob to Transnational Organized Crime. 7th Edition

By Jay S Albanese

Organized Crime provides readers with a clear understanding of organized crime, including its definition and causes, how it is categorized under the law, models to explain its persistence, and the criminal justice response to organized crime, including investigation, prosecution, defense, and sentencing.

This book offers a comprehensive survey, including an extensive history of the Mafia in the United States; a legal analysis of the offenses that underlie organized crimes; specific attention to modern manifestations of organized crime activity, such as human smuggling, Internet crimes, and other transnational criminal operations; and the application of ethics to the study of organized crime.

Abington, Oxon, UK: Routledge, 2015. 390p.

Countering the Evolving Drug Trade in the Americas

By Celina Realuyo

The illicit drug trade in the Americas has been evolving and expanding from plant-based narcotics like cocaine, heroin and marijuana to potent synthetic substances like fentanyl and methamphetamine. Since the 1980’s, the U.S. war on drugs focused on countering cocaine trafficking that made the Colombian and Mexican cartels immensely wealthy and powerful. Over the past decade, U.S. narcotic consumption has shifted significantly from cocaine to opioids and methamphetamine, resulting in an unprecedented opioid epidemic with 72,037 drug overdose deaths recorded in 2017 according to the Centers for Disease Control and Prevention. Meanwhile, Mexican cartels are increasingly trafficking opioids and synthetics to respond to market changes in the U.S. The atomization of large cartels and increased competition to dominate trafficking routes resulted in record levels of violence in Mexico with 29,111 homicides registered in 2018. The October 17, 2019 failed Mexican government operation to capture one of El Chapo Guzman’s sons demonstrated how the Sinaloa cartel outgunned Mexican security forces and terrorized the city of Culiacan for hours. This paper will examine the evolving drug trade across the Americas from plant-based to synthetic drugs, the role of the Darknet as a force multiplier for the narcotics market, and U.S. and Mexican national and international efforts to address the dynamic drug trade and associated violence. Narcotics trafficking continues to be the most lucrative illicit activity in the world and is increasingly adapting and leveraging cyberspace. Drug demand changes are impacting the U.S. and Mexican security in different but equally concerning ways. As cocaine production in Colombia reaches its highest levels in history consumption in the U.S. is falling. As a result, cocaine traffickers are seeking new markets as far as Asia and Europe. Meanwhile, heroin use in the U.S. has spread across suburban and rural communities and socioeconomic classes with over 90% of heroin in the U.S. originating from Mexico. Potent synthetic opioids like fentanyl have become more prevalent and popular in the U.S. resulting in the tragic opioid crisis. Mexican cartels are increasingly involved in heroin, fentanyl and methamphetamine trafficking into the U.S. and becoming more formidable. The U.S. and Mexico need to better understand this shift in narcotics demand and the corresponding modifications in the production, marketing, distribution and consumption aspects of drug trafficking. As narcotic offerings diversify and the Internet plays a more critical role in drug trafficking, these changes are affecting public health and security in the U.S. and Mexico. Both governments must strive to design timely responses to reduce demand, increase treatment, and improve supply reduction strategies through increased interagency and international cooperation as narcotics trafficking has increasingly adapted to new trends and enforcement efforts.

Washington, DC: Wilson Center, Mexico Institute, 2020. 16p.

The Econometrics of Cartel Overcharges

By Marcel Boyer and Rachidi Kotchoni

Connor and Lande (2006) conducted a survey of cartel overcharge estimates and found an average in the range of 31% to 49%. By examining more sources, Connor (2010b) finds a median of 23.3% for all type of cartels and a mean of 50.4% for successful cartels. However, the data used in these studies are estimates rather than true observations, since the true illegal profits of cartels are rarely observable. Therefore, these data are subject to model error, estimation error and publication bias. A quick glance at the Connor database reveals that the universe of overcharge estimates is asymmetric, heterogenous and contains a number of influential observations. Beside the fact that overcharge estimates are potentially biased, fitting a linear OLS model to the data without providing a careful treatment of the problems raised by the publication bias, outliers, asymmetry, and heterogeneity will necessarily produce distorted results. We conduct a meta-analysis of cartel overcharge estimates in the spirit of Connor and Bolotova (2006), but providing a sound treatment of the matters raised above. We find for cartels with initial overcharge estimates lying between 0% and 50%.a bias-corrected mean overcharge estimate of 13.6% with a median of 13.6% and for all cartels of all types a bias-corrected mean of 17.5% with a median of 14.1%

Paris: Institut de Polytechnic Paris, Département d'Économie de l'École Polytechnique, 2011. 60p.