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Posts in Political Science
CCP's Role in the Fentanyl Crisis

UNITED STATES. CONGRESS. HOUSE. SELECT COMMITTEE ON THE STRATEGIC COMPETITION BETWEEN THE UNITED STATES AND THE CHINESE COMMUNIST PARTY

From the document: "The fentanyl crisis is one of the most horrific disasters that America has ever faced. On average, fentanyl kills over 200 Americans daily, the equivalent of a packed Boeing 737 crashing every single day. Fentanyl is the leading cause of death for Americans aged 18-45 and a leading cause in the historic drop in American life expectancy. It has led to millions more suffering from addiction and the destruction of countless families and communities. Beyond the United States, fentanyl and other mass-produced synthetic narcotics from the People's Republic of China (PRC) are devastating nations around the world. It is truly a global crisis. The PRC, under the leadership of the Chinese Communist Party (CCP), is the ultimate geographic source of the fentanyl crisis. Companies in China produce nearly all of illicit fentanyl precursors, the key ingredients that drive the global illicit fentanyl trade. The House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee) launched an investigation to better understand the role of the CCP in the fentanyl crisis. This investigation involved delving deep into public PRC websites, analyzing PRC government documents, acquiring over 37,000 unique data points of PRC companies selling narcotics online through web scraping and data analytics, undercover communications with PRC drug trafficking companies, and consultations with experts in the public and private sectors, among other steps. [...] [T]he Select Committee found thousands of PRC companies openly selling [...] illicit materials on the Chinese internet--the most heavily surveilled country-wide network in the world. The CCP runs the most advanced techno-totalitarian state in human history that 'leave[s] criminals with nowhere to hide' and has the means to stop illicit fentanyl materials manufacturers, yet it has failed to pursue flagrant violations of its own laws."

UNITED STATES. CONGRESS. HOUSE. SELECT COMMITTEE. 16 APR, 2024. 64p.

The political economy of illicit drug crops: forum introduction

By Frances Thomson, Patrick Meehan & Jonathan Goodhand (02 Apr 2024):

his article and the forum it introduces examine illicit drug crop (IDC) economies from agrarian perspectives. Examining IDCs as a group implies analysing how prohibition distinguishes them from other (licit) crops. We identify seven mechanisms through which prohibition shapes the agrarian political economy of IDCs and explore how these mechanisms and their effects generate distinctive patterns of development and political action amongst ‘illicit peasantries’. We also examine connections between illicit and licit crops, including how licit crop crises and illicit crop booms intertwine. We argue that IDC economies provide a bulwark for smallholders but are by no means peasant idylls.

The Journal of Peasant Studies. 2024. 39p.

Drug Trafficking on the High Seas: A Primer on the Maritime Drug Law Enforcement Act Brendan McDonald Trial Attorney Criminal Division Narcotic and Dangerous Drug Section

By Colleen King

In December 2023, the United States Coast Guard (USCG) offloaded approximately 18,219 pounds of cocaine from the USCG Cutter Waesche. The estimated street value of the cocaine was more than $239 million. The offload occurred as a result of six separate maritime interdictions, performed by separate cutters, taking place over a 17-day period off the coasts of Mexico and Central and South America. The interdictions were performed as part of the USCG’s counternarcotics mission. While interdictions of this size may seem out of the ordinary, the USCG routinely interdicts a variety of vessels, including Go-Fast Vessels and semi submersibles, with massive amounts of drugs (usually cocaine), moving from the Pacific and Caribbean coasts of South America northward to Mexico, the Caribbean, and eventually the United States. One can imagine that prosecuting interdictions like these may raise a variety of questions: could the United States assert jurisdiction over the suspected traffickers; would the maritime location of the interdiction matter; and would it make a difference if the ship carrying the contraband was flagged—registered—by another country? What about the transit time to a U.S. court for an initial appearance where the interdiction occurred over a thousand miles from the United States? The dizzying array of issues confronting a federal prosecutor following a high seas interdiction may not be typical of land-based legal challenges. Fortunately, a body of both federal law and international authorities is instructive on these questions. The Maritime Drug Law Enforcement Act (MDLEA) is the United States’ principal statute addressing high seas drug trafficking and has supported thousands of prosecutions for decades. The MDLEA, as it re lates to controlled substances,5 prohibits the distribution, manufacture, or possession with intent to distribute or manufacture, controlled sub stances aboard a “covered vessel.” Its prohibitions apply “outside the territorial jurisdiction of the United States,” and include both attempt and conspiracy liability. And, where an interdiction occurs outside of the United States, venue may be appropriate in your district. This article is intended to serve as an MDLEA primer. It will provide a brief his tory of the MDLEA, identify the MDLEA’s core definitional provisions, discuss its key criminal prohibition, detail its jurisdiction and venue pro vision, describe the MDLEA’s position on the use of international law as a defense, and finally, address its sentencing provisions.

March 2024 DOJ Journal of Federal Law and Practice

Organized Crime as Irregular Warfare: Strategic Lessons for Assessment and Response

David H. Ucko, Thomas A. Marks

Organized crime both preys upon and caters to human need. It is corrosive and exploitative, but also empowering, and therefore pervasive. Indeed, though often out of sight, organized crime is everywhere: wherever governments draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalize on unmet desire or despair. For those excluded from the political economy, from patronage systems or elite bargains, organized crime can offer opportunity, possibly also protection.

PRISM, Vol. 10, No. 3 (2023), pp. 92-117 (26 pages)

A Framework for Countering Organised Crime: Strategy, Planning, and the Lessons of Irregular Warfare

By David H. Ucko and Thomas A. Marks

Organised crime is not going well. According to the 2021 Global Organized Crime index, ‘the global illicit economy simply continue[s] along the upward trajectory it has followed over the past 20 years, posing an ever-increasing threat to security, development and justice – the pillars of democracy’ (Global Initiative, 2021, p. 8). Wherever governments seek to draw the line, criminal actors find profitable ways of crossing it; wherever governments fail to deliver on human need, criminal actors capitalise on citizens’ desire or despair. As of now, more than three-quarters of the world’s population ‘live in countries with high levels of criminality, and in countries with low resilience to organized crime’ (Global Initiative, 2021, p. 12). On aggregate, the associated activity amounts to an illicit form of governance, furnishing alternative services to a wide range of clients, be they the vulnerable and weak or a covetous elite. The breadth of organised crime, its clandestine nature, and its blending of creative and destructive effects make it difficult to counter. In past SOC ACE research, we argued that the response to organised crime often shares certain pitfalls with counterterrorism, at least since 9/11 (Ucko & Marks, 2022c). Both efforts have been stymied by 1) conceptual uncertainty of the problem at hand; 2) an urge to address the scourge head on (be it violence or crime), without acknowledging its socioeconomic-political context; and, therefore, 3) unquestioned pursuit of strategies that miss the point, whose progress is difficult to measure, and which may even be counterproductive. This convergence is based on the common features of the two phenomena, which are both concerned with i) collective actors, who ii) use violence and coercion among other methods; and who have iii) corrupting, or outright destructive effects on society. Though organised crime is not consciously political in its ideological motivation, it is – like terrorism – deeply political in its origins, activities, and effects. Given the conceptual overlap, and the common pathologies that undermine response, the lessons from countering terrorism are relevant also to the countering of organised crime. Focusing on the concept of ‘irregular warfare’, our past research identified six key lessons, touching upon 1) the socio-political embeddedness of the problem, 2) the tendency to militarise the response, 3) the mirror-imaging of state assistance programmes, 4) the invaluable role of community mobilisation, 5) the dearth of strategy, and 6) the need to engage more closely with questions of political will. As argued elsewhere, these challenges point to a need for greater strategic competence both in assessing the problem of organised crime and in designing a response (Ucko & Marks, 2022c).

To generate this strategic competence, this follow-on report sets out an analytical toolkit to assist planners and policymakers with the crafting of strategy. This ‘Framework of Analysis and Action’ builds upon lessons – negative and positive – learned via years of experience with irregular warfare, defined by the Department of Defense as ‘a violent struggle among state and non-state actors for legitimacy and influence over the relevant population(s)’ (U.S. Department of Defense, 2007, p. 1).1 It is a framework that finds its origins within the U.S. National Defense University’s College of International Security Affairs (CISA), where for two decades it has been used to teach strategic planning for complex and intensely political challenges (Ucko & Marks, 2022a). The framework consists of two parts: the Strategic Estimate of the Situation (which maps the problem, explores its drivers, frames, and methods, and critiques the current response) and the Course of Action (which uses the strategic estimate to design an appropriate strategy, guided by a theory of success). The framework is in this report adapted for organised crime, to enable the mapping of relevant actors and the crafting, thereby, of a viable response. By design, the framework responds to the six key lessons identified in our earlier work. This report goes through the framework and explains its adaptation to organised crime. Appendix A provides a summation of the toolkit, a ‘user’s guide’, that will facilitate application of the framework. Testing to date suggests great potential and we look forward to sustaining a dialogue with those engaged with countering organised crime to further evolve this toolkit. Indeed, since the beginning, this framework has been a living product, enriched by theoretical application in the classroom and practical use in the field.

SOC ACE Research Paper No. 19. Birmingham, UK: University of Birmingham, 2023. 45p.

Oil Theft, Energy Security and Energy Transition in Mexico

By Vlado Vivoda, Ghaleb Krame and Martin Spraggon

Oil theft refers to the exploitation of crude oil or refined petroleum products for criminal purposes. In Mexico, oil theft—referred to as huachicolero—is endemic and widespread. By framing it within the energy security and transition context, this paper offers a new perspective on the problem of oil theft in Mexico. Focusing on crude oil and refined petroleum, the paper demonstrates that Mexico’s energy security—as framed around the 4As (availability, accessibility, affordability, and acceptance)—has deteriorated over the past decade. Application of the 4As framework in the Mexican context shows that the increasing frequency of oil theft has contributed to this deterioration. The proposed solution to the energy security and oil theft problems is centred on Mexico moving from gasoline and diesel to electrification in the transportation sector. The paper demonstrates that, while transport electrification in Mexico has been lagging behind other countries, recent developments in the country point to growing momentum among the country’s political and business elites, in tandem with US partners, in support for the energy transition. Areas where further emphasis should be placed to accelerate Mexico’s energy transition in the transportation sector are identified. Finally, the feasibility of and potential limitations associated with implementing the transition are evaluated.

Resources 202312(2), 30; https://doi.org/10.3390/resources12020030

net.wars

By Wendy Grossman 

Who will rule cyberspace? And why should people care? Recently stories have appeared in a variety of news media, from the sensational to the staid, that portray the Internet as full of pornography, pedophilia, recipes for making bombs, lewd and lawless behavior, and copyright violators. And, for politicians eager for votes, or to people who have never strolled the electronic byways, regulating the Net seems as logical and sensible as making your kids wear seat belts. Forget freedom of speech: children can read this stuff.

From the point of view of those on the Net, mass-media's representation of pornography on the Internet grossly overestimates the amount that is actually available, and these stories are based on studies that are at best flawed and at worst fraudulent. To netizens, the panic over the electronic availability of bomb-making recipes and other potentially dangerous material is groundless: the same material is readily available in public libraries. Out on the Net, it seems outrageous that people who have never really experienced it are in a position to regulate it.

How then, should the lines be drawn in the grey area between cyberspace and the physical world? In net.wars, Wendy Grossman, a journalist who has covered the Net since 1992 for major publications such as Wired, The Guardian, and The Telegraph, assesses the battles that will define the future of this new venue. From the Church of Scientology's raids on Net users to netizens attempts to overthrow both the Communications Decency Act and the restrictions on the export of strong encryption, net.wars explains the issues and the background behind the headlines. Among the issues covered are net scams, class divisions on the net, privacy issues, the Communications Decency Act, women online, pornography, hackers and the computer underground, net criminals and sociopaths, and more.

New York; London: NYU Press, 1998. 256p.

Coercive brokerage: Paramilitaries, illicit economies and organised crime in the frontiers of Afghanistan, Colombia and Myanmar

By Jonathan Goodhand, Patrick Meehan, Camilo Acero, and Jan Koehler

This research paper is the second in a three-part series analysing the nexus between paramilitaries, illicit economies and organised crime in borderland and frontier regions. This research challenges the idea that paramilitaries are symptomatic of state breakdown, flourishing in marginal spaces suffering from ‘governance deficits’; and that they can primarily be understood as apolitical, predatory self-enriching actors, driven by economic motives, and operating outside formal political systems.

In this research paper, a set of detailed case studies are presented that explore coercive brokerage in Afghanistan, Colombia and Myanmar that seek to address these ideas, drawing upon data and analysis generated by a four-year Global Challenges Research Fund (GCRF) project, Drugs & (Dis)order (https://drugs-disorder.soas.ac.uk), and other relevant research.

Birmingham, UK:  University of Birmingham. 2023, 65pg