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ENVIRONMENTAL CRIME

ENVIRONMENTAL CRIME-WILDLIFE-TRAFFICKING-DESTRUCTION

The Small Matter of Suing Chevron

by Suzana Sawyer

In 2011, an Ecuadorian court issued the world’s largest environmental contamination liability: a $9.5 billion judgment against Chevron. Within years, a US federal court and an international tribunal determined that the Ecuadorian judgment had been procured through fraud and was unenforceable. In The Small Matter of Suing Chevron Suzana Sawyer delves into this legal trilogy to explore how distinct legal truths were relationally composed of, with, and through crude oil. In Sawyer’s analysis, chemistry proves crucial. Analytically, it affords a grammar for appreciating how molecular, technical, and legal agencies catalyzed distinct jurisdictional renderings. Empirically, the chemistry of hydrocarbons (its complexity, unfathomability, and misattribution) significantly shaped competing judicial determinations. Ultimately, chemical, scientific, contractual, and litigating techniques precipitated this legal saga’s metamorphic transformation, transmuting a contamination claim into an environmental liability, then a racketeering scheme, and then a breach of treaty. Holding the paradoxes of complicity in suspension, Sawyer deftly demonstrates how crude matters, technoscience, and liberal legality configure how risk and reward, deprivation and disavowal, suffering and surfeit become legally and unevenly distributed.

Durham, NC; London: Duke University Press, 2022. 416p.

Uniting the Response? Challenges in international law enforcement cooperation in wildlife crime in Asia and Africa

By Alastair MacBeath and Julia Stanyard

The consequences of wildlife trafficking go beyond the threat it poses to ecological integrity and the survival of many wild species. Wildlife trafficking is also a public health threat, through its role in the emergence of zoonotic pathogens, and a national and local security threat, generating revenues for organized criminal groups and militias, and contributing to the breakdown in rule of law that exacerbates local conflict and undermines livelihoods. Effective transnational communication, cooperation and coordination between law enforcement and criminal justice agencies and other stakeholders along illicit commodity chains are fundamental components of a successful counter-wildlife trafficking strategy. This could include many activities, but a priority is that front-line enforcement and judicial officers have the ability to share information and intelligence with their counterparts. This could be through joint investigations and prosecutions or in the form of coordinated strategic actions to prevent the operation of wildlife trafficking networks. Effective international cooperation must facilitate secure, accountable, fast and efficient communications. It must be durable and create continuity, not rely on single individuals who may change roles, and it must build trust between officers and agencies

Geneva: Global Initiative Against Transnational Organized Crime and Wildlife Conservation Society, 2023. 49p.

Rhino horn trafficking as a form of transnational organised crime 2012-2021

By The Wildlife Justice Commission

Rhino horn trafficking remains a severe problem that needs to be addressed with a new sense of urgency as transnational organised crime. Over the past 10 years, the illegal killing of rhinos and trafficking of their horns has grown as a global criminal enterprise, comprising multiple criminal components dominated by greed and the pursuit of substantial profits. This threat assessment presents a comprehensive analysis of rhino horn trafficking during the decade from 1 January 2012 to 31 December 2021. It was compiled following analysis of 674 rhino horn seizure incidents collected from open-source reports that occurred globally during this decade, in addition to seven years of criminal intelligence and findings from Wildlife Justice Commission investigations into rhino horn trafficking conducted since 2015, and other open-source research. This assessment aims to examine the driving forces behind the trade and changes in the criminal landscape. It also considers the threat to rhinos in 2022, with recommendations to help inform interventions to address this issue and ensure the global response is commensurate and appropriately targeted to current and future needs.

The Hague: Wildlife Justice Commission, 2022. 27p.

To skin a cat: How organised crime capitalises and exploits captive tiger facilities

By The Wildlife Justice Commission

Over the last century, the wild tiger population has decreased to alarmingly low levels. While tigers are adversely affected by climate change, habitat loss and human-wildlife conflict, the illegal tiger trade is said to be the most imminent threat. For the past six years, the Wildlife Justice Commission has been investigating tiger-related crime in the Greater Mekong Subregion under Operation Ambush. Tigers are classified as a CITES Appendix I species, meaning they are threatened with extinction. Despite this, the world’s biggest cat is still being trafficked – particularly in parts of Asia – to meet an unrelenting demand for traditional medicine, jewellery, décor, and pets. Although international trade in tigers has been prohibited since 1975, during the six-year investigation of Operation Ambush, we identified numerous organised crime networks which supply the entire spectrum of the illegal tiger trade, ranging from canines and claws to skin and bones, and even live tigers.  Tigers also continue to be bred in both legal and illegal captive facilities – otherwise known as tiger farms. Our new report closely examines the role of such facilities in enabling tiger-related wildlife crime in Southeast Asia. While poaching remains a significant concern, the intelligence and evidence we collected under Operation Ambush suggests that tiger farms in the Greater Mekong region – especially in Lao PDR, Thailand, and Vietnam – present a significant threat to the survival of tigers across Southeast Asia.  Contrary to claims that captive tiger breeding facilities promote and encourage conservation, the Wildlife Justice Commission’s findings suggest the opposite; tiger farming actually perpetuates the supply and demand for the illegal tiger trade run by organised crime networks. 

The Hague: Wildlife Justice Commission, 2022. 18p.

Dirty Money: The Role of Corruption in Enabling Wildlife Crime

By The Wildlife Justice Commission

The report presents a collection of case studies to illustrate the mechanisms and modalities of corruption in real terms - how it facilitates the movement of wildlife shipments through all stages of the supply chain from source to market, and how it obstructs the criminal justice response, allowing criminal networks to operate with impunity. This report also highlights the harm caused by corruption and urges strong coordinated action to counter it. Wildlife crime and corruption must be addressed in a more connected way, rather than being treated as two separate issues in law enforcement responses. Levelling the playing field will require an innovative and collective approach on the part of all stakeholders to identify the high-risk areas for corruption, develop the means to prevent, investigate, and prosecute corrupt activities, and establish a robust framework to tackle corruption along the wildlife supply chain.

The Hague: Wildlife Justice Commission, 2023. 44p.

Forensic science and environmental offences: Litter, DNA analysis and surveillance

By Tersia Oosthuizen, Loene M. Howes, Rob White

Items of litter such as chewing gum, cigarette butts, and dog droppings are each small but collectively have considerable negative environmental impacts. Accordingly, governments at all levels have used media campaigns to raise awareness of the environmental issues associated with litter in efforts to prevent its proliferation. In a similar vein, artists have developed thought-provoking works about waste and litter, including some about the potential to identify litter culprits through DNA analysis. In a case of life imitating art, recent advances in DNA analysis techniques make possible a range of ways in which DNA taken from litter could be used, including for purposes of social regulation. This article discusses examples of the use of litter as a source of DNA for analysis and the resulting genetic surveillance. In doing so, it raises questions about proportionality and justifications for such uses of DNA analysis techniques in regard to regulation and enforcement objectives, with particular concerns about permissions, privacy and the public interest.

Forensic Science International: Animals and Environments. Volume 2, December 2022

Operation Soft Gold – Integration of cyber intelligence in curbing illegal Shahtoosh trade in India

By A. Pragatheesh , Vinita Sharma , C.P. Sharma , H.V. Girisha

The fine wool Shahtoosh obtained from the Tibetan Antelope (Pantholops hodgsonii Abel, 1826) which is endemic to Tibetan Plateau, is highly valued for its rarity, warmth and lightness. The illegal trade in Shahtoosh may lead to extinction of this species. The Tibetan Antelope is protected from commercial trade throughout its range, both nationally and internationally thereby prohibiting any commercial use or trade of any product in India and in the international market. Though globally banned the illegal trade of Shahtoosh driven by international demand has continued to be actively operational undercover in India. In order to bypass this trade ban, the traffickers mis-declare Shahtoosh consignments as Pashmina, Cashmere or conceal by mixed them in shipments between look-alike woolen products. In the present study the illegal Shahtoosh trade was analysed from 2009 to 2020. The Wildlife Crime Control Bureau has envisaged Operation Soft Gold to curb this. A total of 62 confirmed Shahtoosh cases were detected in India from 2009 to 2020. Most of them were detected at exit points and intended for international smuggling. The Indri Gandhi International airport New Delhi in India was the most preferred airport, while Air Cargo and Air Courier were often used by the traffickers. Our analysis shows that the illegal Shahtoosh trade network is going on between the Western Asian countries, Oman, China, Japan, Pakistan, UK, Spain, Hong Kong and Switzerland are either destination or transit countries for illegal Shahtoosh products.

Forensic Science International: Animals and Environments. Volume 2, December 2022.

Trafficking of a Tiger (Panthera tigris) in northeastern Mexico: A social network analysis

By Jos´e Luis Carpio Domínguez , In´es Arroyo Quiroz , María Teresa Villarreal Martínez , Jesús Ignacio Castro Salazar

This study examines the possession of Tigers (Panthera tigris) as pets in Mexico through statistical analysis of governmental seizures on a period of 11 years, a review of socio-political factors related to this phenomenon and an analysis of a particular illicit supply network of a Tiger (P. tigris) specimen seized from a criminal group in northern Tamaulipas, Mexico. We found that socio-political factors such as the prohibition on the use of animals for circuses; environmental regulation strategies; the dominance of criminal groups in most of the Mexican territory and their traditional interest in exotic animals have an influence in the presence of tigers in private homes and ranches. This study contributes to the theoretical understanding of the possession of exotic animals, wildlife illegal networks and wildlife trafficking in Mexico.

Forensic Science International: Animals and Environments. Volume 2, December 2022,

An introduction to illegal wildlife trade and its effects on biodiversity and society

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

Wildlife Money Trails: Building Financial Investigations From Wildlife And Timber Trafficking Cases In The European Union

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.

Trading Giants: A rapid assessment of giant clam Tridacninae seizures implicating Southeast Asia 2003-2022.

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.

In Deep Waters: India's sea cucumbers in illegal wildlife trade

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.

Combating Illegal Fishing: Better Information Sharing Could Enhance U.S. Efforts to Target Seafood Imports for Investigation

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.

The Role of Transnational Criminal Networks and China's Legal Pangolin Scale Medicine Market in Driving the Global Illegal Pangolin Trade.

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.

EU Trade-Related Measures against Illegal Fishing: Policy Diffusion and Effectiveness in Thailand and Australia

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.

Task Force on Human Trafficking in Fishing in International Waters: Report to Congress

  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.

Initial Analysis of The Financial Flows and Payment Mechanisms Behind Wildlife and Forest Crime

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.

Falling Through the System: The Role of the European Union Captive Tiger Population in the Trade in Tigers

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.

Endangered by Trade: The Ongoing Illegal Pangolin Trade in the Philippines

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.

Beyond the Ivory Ban: Research on Chinese Travelers While Abroad

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.