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.

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

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.

By Global Initiative Against Transnational Organized Crime’s Observatory of Illicit Economies in South Eastern Europe.

In this issue, we focus on three cases where criminal groups from the region have been active in recent years: the Netherlands, Ecuador and parts of Africa.

These examples illustrate the growing involvement of Balkan criminal groups in some of the world’s hotspots for illicit activity. Research for these articles is facilitated by the Global Initiative’s network of contacts with local investigative journalists, as well as close cooperation between regional observatories of illicit economies, namely South Eastern Europe, West Africa and Latin America.

As part of the GI-TOC’s analysis of the risks of firearms trafficking from Ukraine, in this issue we show that the Western Balkans remain the main source of illegal weapons in Europe. At present, weapons are still cheap and plentiful in the region, and stockpiles have been augmented by inflows from Turkey via Bulgaria, particularly of gas and alarm guns. More on this topic can be found in a forthcoming GI-TOC report on trends in arms trafficking from the Ukraine conflict.

In this issue, we also report on a major crackdown by Serbian authorities in late 2023 on increasingly violent smugglers operating along the border between Serbia and Hungary, and examine how this has displaced migration flows towards Bosnia and Herzegovina.

Risk Bulletin No. 18. Geneva, SWIT: Global Initiative Against Transnational Organized Crime, 2024. 25p.

By Amir Rotami

In this policy brief, based on published and forthcoming studies, author Amir Rostami outlines the changing nature of crime in Sweden, with a focus on organised crime, specifically lethal violence and fraud. What are the lessons learned from the Swedish crime paradox, namely the rise in organised crime, but not an equivalent rise in general crime, and what needs to be implemented to counter organised crime? The reaction to the question can be divided into two components: local and global/

European Liberal Forum Policy Paper . Brussels: European Liberal Forum, 2021. 19p.

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 2023, 12(2), 30; https://doi.org/10.3390/resources12020030

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.

By  Timothy Cubitt and Anthony Morgan

Risk assessment is a growing feature of law enforcement and an important strategy for identifying high-risk individuals, places and problems. Prediction models must be developed in a transparent way, using robust methods and the best available data. But attention must also be given to implementation. In practice, the data available to law enforcement from police information systems can be limited in their completeness, quality and accessibility. Prediction models need to be tested in as close to real-world settings as possible, including using less than optimal data, before they can be implemented and used. In this paper we replicate a prediction model that was developed in New South Wales to predict high-harm offending among outlaw motorcycle gangs nationally and in other states. We find that, even with a limited pool of data from a national police information system, high-harm offending can be predicted with a relatively high degree of accuracy. However, it was not possible to reproduce the same prediction accuracy achieved in the original model. Model accuracy varied between jurisdictions, as did the power of different predictive factors, highlighting the importance of considering context. There are trade-offs in real-world applications of prediction models and consideration needs to be given to what data can be readily accessed by law enforcement agencies to identify targets for prioritisation.

Canberra: Australian Institute of Criminology. 2024, 47pg