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GLOBAL CRIME

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Corporate Crime in the Pharmaceutical Industry

By John Braithwaite

This study considers the nature of and ways to counter corporate crime, particularly within the pharmaceutical industry.

Results are presented of interviews with 131 executives in the pharmaceutical industry; interviews were conducted in the United States, Australia, Mexico, Guatemala, and the United Kingdom. Questionable payments disclosed to the Securities and Exchange Commission in the 1970's by U.S. pharmaceutical companies -- including American Home Products, Pfizer, Upjohn, Revlon, Dow, Syntex, and Bristol-Myers -- are discussed. Fraud in the testing of drugs and criminal negligence in the manufacture of drugs are addressed, and drugs such as thalidomide, which resulted in the deaths and deformations of more than 8,000 children, and MER/29, which was taken by an estimated 300,000 Americans and caused side effects including baldness, skin damage, and eye damage, are examined. The various ways that pharmaceutical transnational corporations defy the intent of laws regulating the safety of drugs by bribery, false advertising, fraud in the safety testing of drugs, unsafe manufacturing processes, smuggling, and international law evasion strategies are explored. That third world countries are special victims of the global law evasion strategies of transnationals is emphasized. Strategies for controlling corporate crime are suggested, and three subgoals are outlined for achieving a reduction in corporate crime: (1) deterrence -- both specific (against offenders) and general (against those who witness the sanctioning of others) -- can be effective; (2) the law can effectively impose rehabilitation on corporate offenders; and (3) the law can readily require restitution to victims of corporate crime and reparation to the community.

London; New York: Routledge & Kegan Paul, 1984 446p.

Synthetic Cannabinoids in Europe: A Review

By The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)

This report provides a technical review of the current body of knowledge regarding synthetic cannabinoids that are monitored by the EU Early Warning System. The aim of this report is to strengthen situational awareness of synthetic cannabinoids in Europe and to help stakeholders prepare for, and respond to, public health and social threats caused by such substances.

Lisbon: European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), 2021. 70p.

Use of Medication-Assisted Treatment for Opioid Use Disorder in Criminal Justice Settings

By The Substance Abuse and Mental Health Services Administration

Treatment and recovery of individuals with opioid use disorder (OUD) can vary. These individuals may have co-occurring disorders, live in diverse parts of the country, and face a variety of socio-economic factors that help or hinder their treatment. All these factors bring complexities to evaluating the effectiveness of services, treatments, and supports. Despite variations, substantial evidence is available to understand the types of services, treatments, and supports that reduce substance use, lessen mental health symptoms, and improve individuals’ quality of life. Communities are eager to take advantage of what has been learned to help individuals in need. The Evidence-Based Resource Guide Series is a comprehensive and modular set of resources intended to support health care providers, health care system administrators, and community members to meet the needs of individuals at risk for, experiencing, or recovering from substance use and mental health disorders.

Rockville, MD: National Mental Health and Substance Use Policy Laboratory. Substance Abuse and Mental Health Services Administration, 2019. 76p.

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

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

The illegal gold trade in Colombia is a widespread and significant threat that has seen considerable growth in recent years. Illegal mining activity produces substantial quantities of gold in the country, by some estimates representing over 70% of national production and accounting for the majority of gold exports. The illegal extraction of gold exacerbates numerous challenges Colombia faces, such as insecurity, environmental degradation, and corruption, while also providing opportunities for drug trafficking organizations and illegal armed groups to obtain significant revenue in some regions. Indeed, in areas where there is extensive mineral exploitation these transnational criminal organizations are often deeply involved in Colombia’s illegal trade in gold, leveraging extensive criminal expertise, ample financing capacities, and armed violence in order to develop illicit gold networks. The spread of illegal mining in Colombia is facilitated by high levels of economic and commercial informality, rural poverty, corruption, limited governmental presence and resources in remote mining areas, and porous international borders that are vulnerable to smuggling, among other factors. Colombia’s government is taking numerous steps to combat the sale and export of illegal gold, including through regulation and oversight of gold supply chains, formalization programs targeting small-scale miners, support for subsistence mining, and on-the-ground operations to disrupt illegal mining activity. Nevertheless, illegal trade in gold continues to thrive as illicit actors excel in finding gaps and opportunities to exploit.

Washington, DC: The Organization of American States, Department against Transnational Organized Crime, 2022. 66p.

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.

Recruitment into Organised Criminal Groups: A Systematic Review

By Francesco Calderoni, Gian Maria Campedelli, Tommaso Comunale, Martina E Marchesi and Ernesto U Savona

This paper provides a narrative synthesis of the results of a systematic review of the social, psychological and economic factors leading to recruitment into organised crime.This is based on the analysis of evidence emerging from 47 qualitative, quantitative and mixed-method studies published in or before 2017.While the selected studies varied markedly in method and quality, several factors emerged as particularly important in understanding recruitment into organised criminal groups. These included the role of social relations (family, kinship, friendship and work-relations), criminal background and criminal skills.

Canberra: Australian Institute of Criminology, 2021. 28p.

Organized Crime and Instability Dynamics: Mapping Illicit Hubs in West Africa

By Lucia Bird and Lyes Tagziria

As the nature of armed conflict in West Africa is in flux – with the constellation of conflict actors multiplying, the intensity and geographic dispersion of violence growing, civilians increasingly targets of attacks, and conflicts more commonly spreading across borders – now is a key moment to consider the role played by illicit economies in creating the enabling environments for conflicts to develop, and in prolonging them.

Yet the intersection between illicit economies and instability is an often misunderstood and over-simplified subject of research and debate. The inherently clandestine nature of organized crime poses an obstacle to accurately understanding the dynamics of illicit economies and their relationship with conflict and instability. In West Africa, this is compounded by the paucity of comparable data in much of the region.

This report represents a step towards addressing this deficit. It presents the findings of a new initiative that maps the key geographic hubs of illicit economies across West Africa (Benin, Burkina Faso, Cabo Verde, Cameroon, Central African Republic, Chad, Côte d’Ivoire, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo)

Geneva, SWIT: Global Initiative Against Transnational Organized Crime. 2022. 88p.

Gangster States: Organized Crime, Kleptocracy and Political Collapse

By Katherine Hirschfeld

Gangsterism, extortion and racketeering are currently viewed as deviant, pathological behaviors that are disconnected from formal political and economic structures, and often excluded from analysis in the fields of political science and economics. A critical reconsideration of organized crime reveals that the evolution of racketeering in systems of exchange should be understood as a natural phenomenon that can be predicted with tools from behavioral ecology originally developed to model the dynamics of predator-prey relations. These models predict the conditions under which unregulated markets evolve into hierarchical criminal syndicates, and how established organized crime groups expand and intrude into formal systems of government, creating chimeric 'gangster-states'. This book outlines the parameters of this process, and uses archival research to explore case studies of organized crime and kleptocratic state formation. A final section proposes redefining state formation as part of a longitudinal cycle of political-economic evolution that includes phases of racketeering, instability, collapse and regeneration.

Basingstoke, Hampshire, UK; New York:: Palgrave Macmillan, 2015. 176p.

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.

Militarised Responses to Transnational Organised Crime: The War on Crime

Edited by Tuesday Reitano, Sasha Jesperson and Lucia Bird Ruiz-Benitez de Lugo

This edited volume examines the use of militarised responses to different forms of criminal activity, discussing the outcomes and unintended consequences. Politicians and policymakers frequently use militarised responses to look tough on crime. The deployment of armies, navies, military assets and militarised approaches can send a powerful message, but have produced mixed results. While they generate the perception that governments are actively engaged on issues of concern to the public, and in some cases have resulted in notable successes, on the downside they have frequently also increased the loss of life, exacerbated the humanitarian consequences of a particular crime and entrenched divides between security and state institutions and the criminal proponents, narrowing the possibilities for future negotiated solutions. By focusing on four different areas of criminality – wildlife crime, piracy, migration and drug trafficking – the book allows context and evidence-based conclusions to be drawn on the strategic value and commonality of responses and their outcomes.

Cham: Springer International Publishing, 2017. 353p

Trafficking in Persons for the Purpose of Organ Removal. Assessment Tool.

By The United Nations Office on Drugs and Crime, Human Trafficking and Migrant Smuggling Section

The present toolkit deals with trafficking in persons for the purpose of organ removal, as defined by the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, (Trafficking in Persons Protocol), supplementing the United Nations Convention against Transnational Organized Crime (Organized Crime Convention). Terms like ‘organ trafficking’, ‘illegal organ trade’, ‘transplant tourism’, ‘organ purchase’ and others are often used interchangeably with trafficking in persons for the purpose of organ removal, even where they would not refer to the same phenomenon. Any conduct described by such terms will only be within the scope of this toolkit, if it meets the definition provided by the Trafficking in Persons Protocol.

Vienna: United Nations Office on Drugs and Crime, 2015. 149p.

Drugs, Gangs and Vigilantes: How to tackle the new breeds of Mexican armed violence

By Gema Santamaria

This report analyzes the objectives, structures and impact of armed non-state actors in Mexico, focusing on drug-trafficking organizations, street gangs and self-defense forces. The author also examines the pitfalls and lessons learned from the country's past and present strategies to deal with these actors. Finally, she provides an alternative approach to tackling these groups, which suggests the Mexican state should 1) recognize the hybrid character of these groups and prioritize the fight against corruption; 2) focus on protecting affected communities and not on dismantling criminal organizations; 3) work at the local level and focus on the most affected areas; 4) prevent the forced recruitment of youth and immigrants by organized crime; and 5) promote a culture of legality in state institutions and communities.

Oslo: Norwegian Peacebuilding Resource Centre (NOREF), 2014. 9p.

Tobacco Wars: Inside The Spy Games and Dirty Tricks of Southern Africa’s Cigarette Trade

By Johann van Loggerenberg

Warning. Smoking kills. It also corrupts law-enforcement officials and eviscerates state institutions. It devours politicians, professionals, business people and ordinary workers in the chase for big bucks and the battle for a slice of an ever-shrinking cigarette market. Join one of South Africa’s former tax sleuths Johann van Loggerenberg in a wild ride through the double-dealing world of tobacco’s colourful characters and ruthless corporates. Meet the femme fatales, mavericks, mercenaries and grandmasters, and learn how the crime-busting unit led by Van Loggerenberg at SARS and its ‘Project Honey Badger’ became a victim of a war between industry players and a high-stakes political game driven by state capture. This is the tale of a few good men and women who dared to try to hold to account a billion-dollar international industry rife with private spy networks, tax evasion, collusion and corruption – ultimately at great cost to themselves and South Africa.

Cape Town, South Africa: Tafelberg 2019. 272p.

Peddling Poison: The Tobacco Industry and Kids

By Clete Snell

The social acceptance of tobacco use obscures the fact that it is the single greatest preventable cause of death in the U.S., and approximately 80% of those who use tobacco products began using them before the age of 18. Indeed, tobacco companies in the past routinely targeted youth in their marketing and advertising, hoping to hook kids young and keep them with their original brand. Snell explores the tobacco industry's campaign to attract youth smokers and provides an overview of the FDA's investigation of the tobacco industry and how those investigations revealed the industry's deceptions and their specific intent to target youths….As a result of the Master Settlement with the tobacco industry, many states have developed comprehensive programs that have resulted in a substantial decline in youth tobacco use. While national efforts at tobacco regulation have largely failed, local tobacco control efforts have mostly been successful. Snell shows that the future of youth tobacco policy depends on the continued funding of tobacco prevention programs at the state and local level and illustrates that there is considerable evidence that the tobacco industry is shifting its marketing approach to minority populations and developing nations.

Westport, CT: Greenwood Press, 2005. 188p.

Illegal Pathways to Illegal Profits: The Big Cigarette Companies and International Smuggling

By E. LeGresley and E. Lindblom

Each year approximately 400 billion cigarettes, or one-third of all legally exported cigarettes, end up illegally smuggled across international borders. Cigarettes are the world’s most widely smuggled legal consumer product. Cigarette smuggling hurts the world’s nations by evading otherwise applicable duty fees and taxes. Even worse, it increases the number of smokers by providing a less-expensive supply of cigarettes, especially for the young and the poor. National efforts to restrict access to cigarettes by children can be undermined by the availability of cheap contraband cigarettes. In addition, cigarette smuggling that steals away public revenues leaves less funding available for public health efforts. At the same time, it reduces available revenues for health care and law enforcement. The major international cigarette companies say that the solution for the world’s governments is to reduce cigarette taxes and duty fees to reduce the incentives to smuggle. But an enormous, growing body of evidence shows that the major cigarette companies, themselves, have knowingly fostered and have consciously supported cigarette smuggling. In doing so, they have been able to penetrate otherwise closed markets, to increase the sales of their brands by making them available at lower prices, and to provide an argument against high or increased levels of cigarette taxes or import duties

Washington, DC: Campaign for Tobacco-Free Kids, 2002. 54p.

Protocol to Eliminate Illicit Trade in Tobacco Products

By The World Health Organization

The Protocol to Eliminate Illicit Trade in Tobacco Products is the first protocol to the WHO Framework Convention on Tobacco Control (WHO FCTC), and a new international treaty in its own right. It was adopted by consensus on 12 November 2012 at the fifth session of the Conference of the Parties (COP) to the WHO FCTC (Seoul, Republic of Korea, 12–17 November 2012). The Protocol builds upon and complements Article 15 of the WHO FCTC, which addresses means of countering illicit trade in tobacco products, a key aspect of a comprehensive tobacco control policy. The Protocol was developed in response to the growing international illicit trade in tobacco products, which poses a serious threat to public health. Illicit trade increases the accessibility and affordability of tobacco products, thus fuelling the tobacco epidemic and undermining tobacco control policies. It also causes substantial losses in government revenues, and at the same time contributes to the funding of transnational criminal activities. The objective of the Protocol is the elimination of all forms of illicit trade in tobacco products, in accordance with the terms of Article 15 of the WHO FCTC.

Geneva: WHO, 2013. 68p.

Cannabis Regulation: Lessons from the illicit tobacco trade

By Benoit Gomis

Since 2013, a number of countries and local jurisdictions around the world have legalised and regulated their cannabis supply chains for non-medical use. Lawmakers, regulators, researchers, and advocates continue to design, enact, implement and revise regulatory frameworks for medical and recreational cannabis. And yet lessons from regulating other psychoactive substances, including tobacco products, are not always fully considered. The experience of the illicit tobacco trade is particularly relevant for cannabis regulation. … The global tobacco market is heavily concentrated. China, Brazil, and India accounted for 63% of all tobacco leaf cultivation in 2019 as part of a global cigarette market dominated by a small number of companies.6 China National Tobacco Corporation (CNTC) accounted for 43.9% of global cigarette retail volume in 2019 – the large majority of it is destined for domestic consumption, though the company has been developing a global expansion strategy. Beyond CNTC, Philip Morris International (PMI) (13.4% of global retail volume in 2019), British American Tobacco (BAT) (12.7%), Japan Tobacco International (JTI) (9.1%) and Imperial Brands (4.2%) accounted for 70% of the rest of the world’s market share in 2019. In contrast, cannabis can be grown indoors and therefore almost anywhere across the world. The illicit cannabis market has been characterised by a high number of small-scale growers, including for personal consumption and local distribution.

International Drug Policy Consortium, 2021. 23p.

Assessment of COVID-19 pandemic impact on illicit medication in East Africa

By ENACT

Weak medical regulations and the lack of regulatory autonomy poses challenges in efforts to address organised criminality in the sector. The COVID-19 global pandemic has had profound social, economic and geo-political impact across the globe. In East Africa, countries have attempted to face this issue in the context of resource challenged national healthcare systems. Organised crime groups (OCGs) however have sought to exploit the vulnerabilities in society, which have developed following fundamental changes in population behaviours as a result of fear and often misinformation concerning the pandemic. Challenges in regulatory authority autonomy combined with widespread adoption in East African of misinformation on COVID-19 create an ideal operating environment for OCGs. This has encouraged OCGs to move into the illicit medications market over other forms of crime. A COVID-19 related hysteria has maximised profits for organised crime in this field, whilst enabling relatively risk free activity for criminals. This activity has included increased importations of counterfeit and substandard medications from Asia as well as the acquisition of powerful painkillers to sell on the black market.

ENACT Africa, 2020. 25p.

COVID-19 and the Drug Supply Chain: from production and trafficking to use

By The United Nations Office on Drugs and Crime, Research and Trend Analysis Branch

The COVID-19 crisis is taking its toll on the global economy, public health and our way of life. The virus has now infected more than 3.6 million people worldwide, killed 250,000 and led Governments to take drastic measures to limit the spread of coronavirus disease 2019. Roughly half of the global population is living under mobility restrictions, international border crossings have been closed and economic activity has declined drastically, as many countries have opted for the closure of nonessential businesses. Drug trafficking relies heavily on legal trade to camouflage its activities and on individuals being able to distribute drugs to consumers. The measures implemented by Governments to counter the COVID19 pandemic have thus inevitably affected all aspects of the illegal drug markets, from the production and trafficking of drugs to their consumption. Having said that, the impact of those measures varies both in terms of the different business models used in the distribution of each type of drug and the approaches used by different countries to address the pandemic. These range from the closure of international border crossings, while allowing domestic travel, to moderate-to-strict shelter-in-place orders, or a complete lockdown of all activities, including suspension of essential services other than for emergencies. The impact on actual drug production may vary greatly depending on the substance and the geographical location of its production.

Vienna: UNODC Research and Trend Analysis Branch, 2020. 45p.