By Annika Mozer and Stefan Prost

Illegal Wildlife Trade (IWT) is among the most lucrative illegal industries in the world. Its consequences go far beyond direct effects on the species in trade. In this review, we outline the basics of IWT and discuss its cascading consequences on environments, human lives and communities, national stability, and the economy. In addition, we outline structures used in IWT, from subsistence and local use to more complicated configurations, which can include multiple players. Furthermore, while a small fraction of poaching is opportunistic, most of the international IWT is run by organised crime groups. We outline how IWT can be associated with many different crimes like drug trafficking, corruption, or whitewashing. Additionally, many studies have observed a rapidly increasing trend of online trade with endangered and protected species. Moreover, this review gives a short overview of the situation in the European Union (EU) regarding laws and implementation of CITES and highlights that the EU acts as a major source, transit hub, and consumer in IWT. To address the highly dynamic and complicated problem of IWT, research, knowledge exchange, funding, and collaborations in all fields are necessary.

Forensic Science International: Animals and Environments. Volume 3, December 2023

By Davyth Stewart, Christian Nellemann, Ben Brock, Emilie Van der Henst

Wildlife and timber trafficking often involves transnational organised crime networks and generates significant illicit proceeds, billions each year. Despite the seriousness of this criminal activity, related financial investigations and asset recovery approaches remain largely under-utilised in the EU, with investigations and prosecutions of wildlife trafficking still relying primarily on charges for poaching or trafficking. Wildlife criminals are, therefore, not punished for the financial crimes they have committed, and their criminal assets remain in their hands, allowing them to further invest in their illegal business.

TRAFFIC International Cambridge, United Kingdom. 2023. 86p.

By Marianne Allison Lee, Ramacandra Wong

Giant clams (Bivalvia: Cardiidae: Tridacninae) are the largest bivalves in the world. They are distributed in the tropical and subtropical waters of the Indian and Pacific oceans and play a vital role in the ecosystem. Giant clams contribute to coral reef health, abundance, and diversity by increasing seabed heterogeneity, acting as a substrate for reef-associated organisms, providing an additional food source, and filtering water to sequester nutrients, among others (Othman et al., 2010; Neo et al., 2015). Under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), giant clams are classified under family Tridacnidae, but a recent phylogenetic analysis placed the twelve extant giant clam species under family Cardiidae and sub-family Tridacninae (Tan, 2021). Ten of these giant clam species have been listed on CITES Appendix II since 1985. This listing was in response to the increased harvesting of giant clams for their meat, shells, and the aquarium trade that led to some species like Southern Giant Clam Tridacna derasa, Giant Clam T. gigas, and Scaly Clam T. squamosa becoming locally extinct in their range countries (Lucas, 1994; Wells, 1997; Huelsken et al., 2013). In 2010, Othman et al. reported that populations of all seven species of giant clams in Southeast Asia were in severe decline, while some species were functionally extinct. This has moved some countries, such as the Philippines and Indonesia, to implement giant clam restocking programmes.

TRAFFIC, Southeast Asia Regional Office, Petaling Jaya, Selangor, Malaysia., 2023. 16p.

By Fernandes M., Chopra M., Gautam A., and Badola, S. T

In Deep Waters: India's sea cucumbers in illegal wildlife trade – found at least 101.40 tonnes and 6,976 sea cucumber individuals in illicit wildlife trade in India for 2010-2021. It was released ahead of World Fisheries Day on 21 November 2022, a day dedicated to highlighting the critical importance of healthy ocean ecosystems and the need to ensure sustainable fisheries stocks. The report looked into the reasons behind the unsustainable sea cucumber trade and found that demand for sea cucumbers in East Asian and Southeast Asian markets, along with the ease of harvest and low processing costs (drying), are proving detrimental to the species and their survival in India. According to the seizure reports, Sri Lanka, China, and Southeast Asia were the top three destinations for sea cucumbers trafficked from India. The new report also provides action points to help curb the illegal sea cucumber trade in India, including a detailed recommendation on future research priorities, enhancing capacity for interdiction by law enforcement agencies, devising policies and promoting community engagement and awareness.

New Delhi: TRAFFIC India 2022. 36p.

By Cardell D. Johnson

The National Marine Fisheries Service and U.S. Customs and Border Protection collaborate to combat imports of seafood caught via illegal, unreported, and unregulated fishing. The agencies share information in several ways, including through Border Protection's interagency coordination center. But, NMFS officials reported concerns about getting timely information from Border Protection. For example, an NMFS official told us it may take as long as a week for the agency to get information on a shipment that it might want to inspect—which may be too late. We recommended that Border Protection ensure that NMFS has timely access to such information.

Washington, DC: U.S. Government Accountability Office, 2023. 29p.

By The Environmental Investigation Agency (EIA)

All eight pangolin species are facing an unprecedented threat from the transnational trafficking of their scales and meat by criminal networks. • Between 2017, when the Appendix I listing for all pangolin species entered force, and July 2021, at least 269 tonnes of pangolin scales were confiscated globally. • Pangolin scales are trafficked to China, often via Vietnam, and are primarily sourced from West, Central and East Africa. • Nigeria, Cameroon and the Democratic Republic of Congo are the top export hubs for pangolin scales trafficked from Africa to Asia. • Global pangolin trafficking is driven by consumer demand for traditional Chinese medicine (TCM) products containing pangolin scales. • In China, licenced hospitals and pharmaceutical companies can legally trade and utilise pangolin scales from privately held stockpiles. • In 2020, 56 pharmaceutical companies in China were confirmed to be advertising 64 manufactured medicines containing pangolin scales online. • It is very likely that demand for pangolin scales in China far exceeds the legally available supply from stockpiles. …

London; Washington DC: EIA, 2021. 18P.

By Alin Kadfak, Kate Barclay, and Andrew M. Song

Focusing on the experiences of Thailand and Australia, this book examines the impact of trade-restrictive measures as related to the EU’s regulations to prevent Illegal, Unreported and Unregulated (IUU) fishing. It is widely accepted that IUU fishing is harmful, and should be stopped, but there are different approaches to tackling it. Acknowledging this, this book argues that major efforts to fight IUU fishing require careful analyses if the goal is to achieve optimal results and avoid unintended consequences. The book draws on the recent experiences of Thailand and Australia to offer an empirical examination of one increasingly prominent solution, trade-restrictive measures. With Thailand representing direct, active intervention by the EU and Australia a more indirect dispersion of policy narratives and discourses, the book provides a rounded view on how likely it is that different countries in different situations will adapt to the changing policy norms regarding IUU fishing. Understanding the reactions of countries who might be targeted, or otherwise be influenced by the policy, generates new knowledge that helps inform a more effective and scalable implementation of the policy on the part of the EU and a better governance preparedness on the part of non-EU fishing nations. In broader terms, this book exposes a key moment of change in the compatibility between environmental regulations and international trade. The EU IUU policy is a prime example of a policy that uses the mechanisms of international trade to account for environmental and conservation objectives. …

Abingdon, Oxon, UK ; New York: Routledge, 2023. 95p.

  By The Task Force

  The United States government is committed to combating human trafficking at home and around the world. The particular problem of forced labor on fishing vessels on the high seas – a form of human trafficking – has emerged as an especially vexing challenge to policymakers, enforcement officials, and worker advocates. This is a particular challenge due in part to the physical isolation of those workplaces and the complex legal and jurisdictional issues on the high seas. While this report focuses on legal and jurisdictional issues, it is important to bear in mind the situation of workers victimized by human trafficking. Understanding the human suffering of victims is paramount in designing an effective – and a morally sound – policy solution. Fishing workers, often from impoverished backgrounds, have left their families and support systems behind in order to work long hours in difficult and dangerous conditions in hopes of earning enough money to create a better life. When a worker instead confronts physical or psychological abuse and punishing debt, and loses hope of finding the better life they were looking for, the lasting psychological, physical and financial harm can be incalculable. Due to ongoing concern in both the executive and legislative branches of the U.S. government, Congress in March of 2018 directed the Department of Justice to convene an interagency task force to examine legal and jurisdictional issues related to human trafficking on fishing vessels in international waters and to make recommendations for executive and legislative action to address this scourge.

Washington, DC: U.S. Department of Justice, 2021. 51p.

By TRAFFIC

  This highly lucrative illicit business is managed by organised criminal groups through a variety of payment mechanisms. These mechanisms, including cash transactions and bulk cash smuggling, trade-based money-laundering, international bank transfers through legal businesses and nominee bank account holders, are key to advancing the objectives of criminal organisations. Organised criminal groups3 engage in corruption to accomplish their aims by bribing public officials to obtain information on the movement of animals or patrols, to acquire illegitimate licences or permits to give illegal wildlife products the veneer of legitimacy and to allow illegal specimens to pass through checkpoints or avoid seizure. Further, offenders may attempt to pay law enforcement officials to disrupt or close criminal investigations to circumvent any consequences associated with their illegal activities. Currently, there is a noticeable lack of financial investigations related to wildlife and forest crime cases. As such, the information about how criminals extract the profits from wildlife and forest crimes, and the identities of the main financial beneficiaries of those crimes, remains limited. The result of this is that low-level criminals, such as poachers, are caught and prosecuted, leaving the more senior members of criminal groups and actual beneficiaries of these crimes free to continue their illicit activities. A greater understanding of the financial aspects will allow for more effective prosecutions that target those that use corruption to facilitate wildlife and forest crime, and thereby disrupt organised criminal groups.

This Case Digest was created to fill this information gap by providing data on actual cases from Africa, Asia and Latin America and thereby generate more knowledge of financial flows associated with the illegal wildlife trade and what payment mechanisms are used by those perpetrating the crime .  

Cambridge, UK: TRAFFIC International, 2020. 120p.

By L. Musing

This report investigates the domestic legislation, and policies regarding the keeping and captive breeding of tigers and disposal of their parts in the EU, and the enforcement of these regulations. Six target countries were selected as a focus for this study: Belgium, the Czech Republic, France, Germany, Italy, and the UK, based on preliminary trade data analysis and suspected or known links to the captive tiger population and tiger trade nexus. Between February and July 2020, interviews and consultations were conducted through written questionnaires and video-calls with stakeholders, including the CITES Management and/or Enforcement Authorities of the six target countries, European and national zoo associations, and relevant NGOs. CITES trade data for the period 2013 through 2017 were used to analyse reported legal trade patterns involving tigers to and from the EU, and data for the same time period from two seizures databases: EU-TWIX and TRAFFIC’s Wildlife Trade Information System (WiTIS), were used to assess the EU’s involvement in the illegal trade of tigers and their parts and derivatives.

Cambridge, UK: TRAFFIC, and World Wildlife Fund, 2020. 53p.

By E.Y. Sy and K. Krishnassamy 

Over 90 percent of the Philippine Pangolins documented to have been seized from illegal trade over the last two decades have been seized in the last two years of the period, says a new TRAFFIC study. The estimated equivalent of 740 Critically Endangered Philippine Pangolins were seized from illegal trade in the country between 2000 and 2017. However, between 2018 and 2019, an estimated 6,894 pangolins were seized suggesting a stunning nine-fold increase in pangolins seized between the two periods

TRAFFIC, Southeast Asia Regional Office, Petaling Jaya, Selangor, Malaysia.2020. 28p.

By GlobeScan

  The research questions and results reported herein are provided on a confidential basis to the World Wildlife Fund (WWF). WWF is free to use the findings in whatever manner it chooses, including releasing them to the public or media, after consultation with GlobeScan on the use and dissemination of the data. GlobeScan Incorporated subscribes to the standards of the World Association of Opinion and Marketing Research Professionals (ESOMAR). ESOMAR sets minimum disclosure standards for studies that are released to the public or the media. The purpose is to maintain the integrity of market research by avoiding misleading interpretations. If you are considering the dissemination of the findings, please consult with us regarding the form and content of publication. ESOMAR standards require us to correct any misinterpretation.  

World Wildlife Fund, 2020. 83p.

By Hai Thank Luong

As one of the earliest countries in the Southeast Asia region, Vietnam joined the CITES in 1994. However, they have faced several challenges and practical barriers to preventing and combating illegal wildlife trade (IWT) after 35 years. This first study systematically reviews 29 English journal articles between 1994 and 2020 to examine and assess the main trends and patterns of the IWT’s concerns in Vietnam. Findings show (1) slow progress of empirical studies, (2) unbalanced authorship between Vietnamese and non-Vietnamese conducting their projects, (3) weighting of wildlife demand consumptions in Vietnamese communities rather than investigating supply networks with high-profile traffickers, (4) lacking research in green and conservation criminology to assess the inside of the IWT, and (5) need to focus on potential harms of zoonotic transmission between a wild animal and human beings. The article also provides current limitations before proposing further research to fill these future gaps.

Laws 11: 64. https://doi.org/10.3390/laws 11040064 

By Education for Nature

Vietnam's Revised d Penal Code came into effect in January 2018. The revised law is much tougher on wildlife crime and, in general, is sufficiently effective in deterring crime if applied universally. By some accounts, the revised Criminal Code is the “ideal law” as it closes loopholes, increases punishment for serious offenses, and incorporates a foundation on which the criminal justice system can effectively deter wildlife crime. According to the new Penal Code, activities including hunting, catching, killing, rearing, caging, transporting, and/or trading of endangered, precious, and rare species or their parts and derivatives shall be deemed criminal offenses, depending on the number of animals involved. The revised Penal Code has also added “possession” as a criminal offense, closing a critical loophole that previously allowed criminals to escape with mere fines for keeping frozen tigers, rhino horn, and other endangered species and their products.   

  Species fully protected under the new Penal Code include endangered species listed under Decree 160 [2013] and its subsequently updated list of protected species under Decree 64 [2019], species listed under Group I of Decree 06, and species listed under Appendix I of CITES. The Penal Code also affords greater protection to species that are not listed on the aforementioned Decree 64, Decree 06, or Appendix I of CITES, permitting authorities to criminally charge offenders if they are engaged in illegal activities involving large quantities of animals. This new aspect of the Penal Code strengthens the hand of law enforcement dealing with criminal networks that smuggle large quantities of animals such as snakes or freshwater turtles that may not be specifically protected under endangered species laws.  

Hanoi: Education for Nature, 2021. 12p.

  By Antônio Sampaio

This report concludes a research project conducted by the Global Initiative Against Transnational Organized Crime (GI-TOC), with support of Germany’s GIZ, that examines the impact of the COVID-19 pandemic and the economic challenges accompanying it on criminal governance in cities. The project aims to study how gangs and other non-state armed groups operating in illicit economies have altered their activities in light of the new circumstances in areas of criminal governance, and how governments and civil society have responded. We define criminal governance as instances in which armed criminal groups set and enforce rules, provide security and other basic services – such as water, electricity or internet access – in an urban area, which may be a part or the whole of an informal settlement or a neighbourhood. The project uses a comparative methodology, drawing from semi-structured interviews feeding into five separate case studies. The data is then synthesized in a final report that analyzes and summarizes the main trends. A fuller description of the methodology can be found in the final report.  The case studies in this project are Tumaco (Colombia), Rio de Janeiro (Brazil), San Salvador (El Salvador), Nairobi (Kenya) and Cape Town (South Africa)  

Geneva, SWIT: Global Initiative Against Transnational Organized Crime. 2021. 39p.

By Lisa B. Puglisi, Lauren Brinkley-Rubinstein, and Emily A. Wang

As with past pandemics of influenza, COVID-19 tore through US prisons and jails; however, the COVID-19 pandemic, uniquely, has led to more health research on carceral systems than has been seen to date. Herein, we review the data on its impact on incarcerated people, correctional officers, health systems, and surrounding communities. We searched medical, sociological, and criminology databases from March 2020 through February 2022 for studies examining the intersection of COVID-19, prisons and jails, and health outcomes, including COVID-19 incidence, prevalence, hospitalizations, and vaccination. Our scoping review identified 77 studies—the bulk of which focus on disease epidemiology in carceral systems, with a small minority that focuses on the efficacy or effectiveness of prevention and mitigation efforts, including testing, vaccination, and efforts to depopulate correctional facilities. We highlight areas for future research, including the experiences of incarcerated people and correctional staff, unanticipated health effects of prolonged quarantine, excess deaths due to delays in healthcare, and experimental studies on vaccine uptake and testing in correctional staff. These studies will enable a fuller understanding of COVID-19 and help stem future pandemics.

Annual Review of Criminology 

By Stuart Strome and Read Hayes

Organized Retail Crime (ORC) is large-scale theft or fraud of consumer products by groups of professional criminals. ORC includes more than just in-store theft, encompassing a variety of retail crimes, including shoplifting, gift card fraud, receipt and return fraud, ticket switching, cargo theft, as well as associated crimes such as forgery, money laundering, transportation of stolen goods across state lines, and racketeering. Due in part to the ability to easily resell certain items, ORC groups often target high-demand products (Clarke 1999; Smith 2018). ORC is a perennial problem for retailers, costing them billions of dollars in lost sales. According to one report, ORC is responsible for a loss of $700,000 per every one billion dollars in sales (NRF 2017, ). Furthermore, ORC affects almost every category of retail, as 94% of retailers reported being victims. Therefore, understanding this costly problem, and its relationship to other types of crime is key to understanding how to better combat ORC. The rise of ORC as an endemic phenomenon coincides with the increase in illicit use and sale of opioids in the United States. Deaths from opioid overdose exceeded 42,000 in 2017, and deaths from powerful synthetic opioids, such as fentanyl, have doubled between 2015 and 2017 (Morgan and Jones 2018), . A recent publication places the costs of the opioid crisis at $500 billion, although estimates range as high as $1 trillion (Ryan 2018). Indeed, this epidemic has coincided with a rise in arrests for opioid possession, and there is some speculation that the opioid crisis is related to recent rises in the homicide rate (Rosenfeld 2018, ; Kennedy and Abt 2016). However, while a recent article by CNBC sheds light on the potential relationship between the opioid crisis and ORC, there is little systematic study on that relationship (Brewer and Zamost 2017). More importantly, understanding the relationship between ORC and the opioid crisis necessitates better understanding what drives opioid offenders, and how their patterns of crime, and motivations, differ from other offenders.  

Gainesville, FL: Loss Prevention Research Council, 2019? 12p.

By Chesa Boudin   

As San Francisco District Attorney, I was elected in late 2019 on an ambitious platform focused on ending mass incarceration and decreasing  racial disparities in the criminal justice system. Little did I imagine that my first year in office would bring an acute national focus to the exact issues on which I had campaigned. Two phenomena have, thus far, largely defined the year 2020. First, the COVID-19 pandemic, which continues to have a grossly disparate impact on communities of color2 and on those living and working in prisons and jails. Second, a national Black Lives Matter movement grew in response to the murder of George Floyd—potentially the largest national movement in U.S. history—demanding police accountability and criminal justice reform with a focus on racial equity. The nation’s collective response to these developments—how the country navigates an unprecedented national health crisis and an unprecedented protest movement—will have lasting implications for myriad aspects of American life, including the criminal justice system. COVID-19 and the growth of the Black Lives Matter movement created a tremendous impetus for wide-ranging criminal justice reform, including decarceration and police accountability. Although some criminal justice jurisdictions have actively resisted change, and others have simply been unprepared for it, San Francisco was ready. After all, San Francisco voters had just elected me on explicit promises to deliver many of the reforms now in the national spotlight, and we were changemaking   

110 J. Crim. L. & Criminology Online 23 (2020).   

By Thea Johnson   

In the midst of the coronavirus pandemic, activists and advocates have rightly focused their attention on the immediate need to decrease the number of people in jails and prisons.1 Jails and prisons have been ravaged by the  virus and defendants are at real risk of illness or death in those spaces.2 But as the crisis continues and the backlog of criminal cases grows, defendants face additional risks. This essay focuses on one such risk: the heightened risk for coerced and false pleas during the crisis. The vehicle by which the criminal system resolves most criminal cases—the plea bargain —is ripe for abuse and overuse in the best of times. Unfortunately, now is far from the best of times, and as I outline here, there are several reasons why the usual risk factors for coercive plea bargaining are exacerbated during this public health crisis. Furthermore, despite recent efforts to reform the plea system, the pandemic risks entrenching many of the most negative characteristics of plea bargaining even more deeply. Quite simply, the coercive nature of plea bargaining will get worse in a system that is backlogged and unable to hold jury trials for several months. Many states are not counting the delays caused by the coronavirus toward a defendant’s speedy trial clock, which means the cases can remain active for long periods of time and without any risk to the prosecutor that the case will be dismissed for lack of prosecution. For a defendant in this backlogged system, with a case hanging over her head and a speedy trial clock without finality, the plea will be her only option. In such an environment, coercive pleas can and will flourish. This essay proceeds in three parts. Part I of the essay discusses the particular concerns related to coercive plea bargaining during the COVID-19 crisis. Part II offers solutions to these issues and suggests that this moment may provide opportunities for creative problem-solving capable of outlasting the virus. Finally, Part III discusses some silver linings of the crisis for the criminal system at large and the practice of plea bargaining in particular. Like many other recent pieces about the impact of coronavirus on the criminal justice system, this essay addresses the current crisis in the hopes that it will teach us important lessons about the system more broadly. By seeing some of the worst parts of the system exposed through COVID-19, we may be able to better meet future challenges and tackle some of the underlying daily injustices of the modern criminal process.  

110 J. Crim. L. & Criminology Online 1 (2020).

By Ryan T. Cannon   

You have been arrested. You are put in handcuffs and transported to a local jail where you are fingerprinted and photographed. The crime you are charged with is not serious or violent, but you have prior criminal convictions, or perhaps a history of not coming to court when told—making you ineligible for a future release on your own recognizance. Bail was set, but like most others in the cell you occupy, you cannot pay even the smallest bond. You are facing a period of pretrial detention. A week passes without being brought to see a judge for your arraignment. Then another week passes. If you are lucky, you may have spoken to an attorney on the phone, but no one has come to the jail to see you. All around, individuals are beginning to talk about a mysterious new illness. As you continue to sit in pretrial detention, the spread of the novel coronavirus among prisoners rises quickly. By the week of April 22, 2020 the number of confirmed cases in prisons grew three-fold—from 1,643 to  6,664.1 By the middle of September, 2020 the count was up to 132,677, with 1,108 reported deaths. Mass testing reveals that the number of prisoners who have contracted the virus is far greater than expected, partly because of the number of people who carry the virus without exhibiting symptoms. Many facilities cannot conduct mass testing of inmates, and others choose not to test at all. For you and the inmates around you not yet infected, precautionary measures are largely nonexistent. You are locked in a facility where social distancing—the primary method for avoiding transmission—is practically impossible. It is unlikely that you have ready access to hand sanitizer or face masks.  Prisons and jails begin using solitary confinement as a method of quarantining..... 

110 J. Crim. L. & Criminology Online 91 (2020)