Sergi, Anna and Storti, Luca

This paper, which is the introduction to this special issue on ‘Spaces of Organised Crime’, aims to analyse the nexus between organised crime groups and territories. Such groups are able to exploit resources that circulate within territorial contexts in which they are embedded. They also operate concretely as entities that can take part to the transformation of spaces into places. Accordingly, we will lay out an analytical model about the processes through which organised crime groups contribute to create and shape territories. We show how these processes link with the main types of organised crime groups on a diferentiated basis. In the last section of this introduction, we present the papers included in the special issue and the logic connecting them to one another.

Shaping space. A conceptual framework on the connections between organised crime groups and territories. Trends in Organized Crime, 24 (2). (2021) pp. 137-151

Sergi, Anna

This article will present the results of a qualitative research into organised crime in the port of Genoa, Italy’s largest port, by looking at the challenges of policing the port space. Through the case of Genoa, the paper reflects on how organised crime manifests across three trajectories in seaports: trafficking through the port, infiltration in the port economy and governance of the port management. This paper argues that the space and geography of the port-city relationship are key to understand how and to what extent different organised criminal groups act in and around the port and within global drives. An integrated approach between urban criminology and organised crime studies is needed to better map the very complex picture of organised criminality in the port within the city.

Policing the port, watching the city. Manifestations of organised crime in the port of Genoa. Policing and Society, 31 (6). (2021) pp. 639-655.

Sergi, Anna and Vannucci, Alberto

This paper wishes to explore some characteristics of the relevant interconnections between mafias/ mafiosi and masonic lodges/masons in the Italian context. The paper sets out to study these interconnections from a social science perspective rooted in sociological and neo-institutional studies of organised crime and mafias, but also in criminological approaches to social constructionism, in the form of symbols and narratives. We will present a case study to reflect on the roles that (deviant) masons can assume in contexts where both mafias’ and personal, political, or economic interests are at play. The case study shows how masonic alliances can augment networking and enforcing capabilities: we call this process masonic deviance amplification. Additionally, the case study confirms the constitutive power that narratives around the masonic world hold today in the Italian context.

The Secret Nexus. A case study of deviant masons, mafia, and corruption in Italy. The British Journal of Criminology, 63 (5). (2022) pp. 1165-1183.

By Clio Andris, Daniel Della Posta, Brittany N. Freelin, Xi Zhu, Bradley Hinger, Hanzhou Chen

The American Mafia is a network of criminals engaged in drug trafficking, violence and other illegal activities. Here, we analyze a historical spatial social network (SSN) of 680 Mafia members found in a 1960 investigatory dossier compiled by the U.S. Federal Bureau of Narcotics. The dossier includes connections between members who were ‘known criminal associates’ and members are geolocated to a known home address across 15 major U.S. cities.

Under an overarching narrative of identifying the network’s proclivities toward security (dispersion) or efficiency (ease of coordination), we pose four research questions related to criminal organizations, power and coordination strategies. We find that the Mafia network is distributed as a portfolio of nearby and distant ties with significant spatial clustering among the Mafia family units.

The methods used here differ from former methods that analyze the point pattern locations of individuals and the social network of individuals separately. The research techniques used here contribute to the body of non-planar network analysis methods in GIScience and can be generalized to other types of spatially-embedded social networks.

International Journal of Geographical Information Science Volume 35, 2021 - Issue 12: Spatial Social Networks in GIScience

By Anna Sergi

This paper will investigate narratives, traits, and expectations of Italian-American mafias in North America. The specific case study is the area of Niagara, at the border between New York State, USA and Ontario, Canada. In this context, the artricle will mainly explore narratives and traits of so-called “mafia” families in the city of Hamilton, and their apparent connections with other “mafia” groups on the other side of the borderland, in Buffalo and in Toronto. Through qualitative design adapted from grounded theory methodology with mixed data, including news stories, investigative files and interviews, this article shows how mafias in the borderland of Niagara are conceptualised as hybrid groups, employing different identity “flags”. Mafias appear isomorphic since they imitate each other's structures and (try to) obey traditional mafia rules, to adapt and survive. In line with GT methodology, this paper finally explores an emerging theoretical category, that of the mafia borderland. As a space and identity, mafia borderland helps to sketch traits and expectations of mafia groups in border areas.

Journal of Borderlands Studies, 1-23. 2022

by Stephanie Brewer and Ana Lucia Verduzco

Mexico’s federal government is increasingly militarizing civilian tasks within and outside the realm of public security. Previous presidents presented militarization as a temporary measure that would allow time to strengthen civilian institutions—though in practice, military deployment became the permanent model, largely at the expense of prioritizing other security and justice strategies and institutions. The current government, however, promotes a broad militarization of civilian tasks in the long term, including through the militarization of the National Guard. The power and roles of the armed forces are growing without effective civilian controls over their actions. While the levels of serious human rights violations attributed to the military have fallen following the end of former president Felipe Calderón’s term, such violations continue to occur. More broadly, Mexico continues to experience historic levels of violence, and the vast majority of crimes go unpunished. Without minimizing positive reforms and steps forward, access to justice remains a fundamental challenge. In this context, it is crucial to improve criminal investigations and strengthen the capacities and accountability of the country’s police institutions. The military’s growing list of civilian tasks is a trend that will not be easily reversed, but demilitarizing public security and consolidating civilian institutions is the necessary route to strengthen the rule of law. In the meantime, the government must install effective civilian controls over the armed forces.

Mexico: WOLA- Adovcacy for Human Rights in Mexico, 2023, 61p.

By  Felipe Botero Escobar

For years, Ecuador enjoyed a relative degree of peace, as its neighbors, Colombia and Peru, were wrangling with internal conflicts as chief protagonists in the international supply of cocaine. However, things have changed dramatically in recent times. On 9 January 2024, the recently elected president, Daniel Noboa, said that the country was in a state of ‘internal armed conflict’ against 22 criminal groups that he described as ‘narco-terrorists’.

One of the most visible incidents of Ecuador’s growing problem with violence occurred in August 2023 when presidential candidate Fernando Villavicencio was assassinated at a campaign rally in Quito just weeks before the elections. Since Villavicencio’s murder, several incidents have occurred, including the arrest of the Colombian hitmen involved in his death and their subsequent murders in a prison, which has deprived the authorities of crucial evidence in the investigation.6 The year 2023 ended as the most violent recorded in the history of Ecuador.

The situation in Ecuador is complex, and more research into the political-economic factors behind how this once stable country descended into violent, crime-driven chaos needs to be undertaken if we are to fully comprehend the situation. Nevertheless, there are some key features of Ecuador’s criminal landscape that we do understand, and which can at least partly explain how the country has arrived at this critical juncture.

The existence of at least three intertwined criminal markets, the presence of transnational organized crime groups as well as local criminal networks, and the country’s poor resilience capacity to respond to and mitigate the effects of organized crime are all pivotal to understanding the complex criminal ecosystem that has emerged in force in recent years. In the last edition of the Global Organized Crime Index, published in September 2023, scores for Ecuador’s criminal markets and criminal actors are revealed.

This analysis provides but an initial understanding of the background. A more comprehensive assessment of how intersecting criminal markets, like arms trafficking and extortion, operate in the country will be essential in formulating sustainable, practicable responses to the crisis.

By Ryan C. Berg

Key Points

• Much of Brazil’s deadly urban violence is the direct result of territorial battles involving the country’s powerful transnational organized crime groups, many of which trace their origins to the country’s dangerous and overcrowded prisons.

• The Primeiro Comando da Capital (PCC), or First Capital Command, took shape in São Paulo during the early 1990s, as inmates organized against poor prison conditions to impose order and preserve lives. Eventually, the PCC developed an ability to project its influence and control well beyond prison walls and into Brazil’s sprawling urban slums.

• The PCC has vanquished many of its domestic rivals, enjoys a footprint in every state in Brazil, runs operations in almost every country of South America, and is now more globally minded than ever before, recruiting guerrillas from the Revolutionary Armed Forces of Colombia and Venezuelan refugees and partnering with European mafia groups and Lebanese Hezbollah.

• Law-and-order strategies that “stuff” Brazil’s crowded prisons with new inmates may actually exacerbate the problem, given that the PCC has effectively converted the country’s prisons into logistical hubs and training centers of illicit activity. To fight the PCC, the US should designate it as a transnational organized crime group to confer the benefits of multiple pieces of legislation and seek extradition of key PCC leaders.

Washington, DC: American Enterprise Institute, 2020. 36p.

By Coleman Bazelon, Alberto Vargas, Rohan Janakiraman, Mary Olson

The harm caused by transatlantic chattel slavery was vast, and its repercussions resonate in the lives of descendants of the enslaved to this day. Each enslaved person experienced overwhelming harm, beginning with the loss of their liberty and often ending with a premature death after a life marked by personal injury and other forms of violence, if they survived the Middle Passage. By our estimates, these harms were inflicted on 19 million people over the span of four centuries. These 19 million include those Africans kidnapped and transported to the Americas and Caribbean and those born into slavery. Given the depth, breadth, and duration of the harm, quantifying the associated reparations is a daunting task. Yet, many scholars in multiple disciplines across different countries have documented and studied these harms for decades. In this paper, we bring economic analysis to build on this vast body of work and quantify in a novel—but far from definitive—manner elements of reparations for transatlantic chattel slavery.24 To meet this challenge, we begin by separating the harm into two broad temporal categories. First for harm during the period when chattel slavery was carried out and, second, for continuing harm thereafter. During each of these periods, harm was multidimensional, and it is important to recognize each of the distinct forms of harm experienced by the enslaved and their descendants. We quantify only a subset of these harms, since the economic tools available are not appropriate to measure some categories of harm or because of data limitations.

For the period of enslavement, including any post-emancipation period of ‘apprenticeship’ where the formerly enslaved were ‘earning’ their freedom, we estimate US$77 trillion to US$108 trillion in reparations. This range provides a lower-bound estimate reflecting conservative assumptions, such as the interest rate to compensate for the time value of money when we bring the value of stolen labor forward to today. If, as other scholars have done, we used interest rates closer to the market rates over the relevant centuries, our estimates would be considerably higher. The lower bound estimate of US$77 trillion in reparation for the period of enslavement uses an alternative approach to bring the value of stolen labor forward to today using an interest rate that is based on the appreciation in the value of labor, instead of an interest rate based on the appreciation of the value of money. Prior work presenting similar calculations has noted that the resulting magnitudes are close to or exceed the current GDP of the enslaving countries. While striking, that is not surprising. These calculations measure a harm inflicted on millions of persons, and sometimes entire nations, for hundreds of years, and therefore one year’s GDP, which measures the annual economic output of a country, is perhaps not the best yardstick to put the results in context. Instead, we compare the magnitude of our estimates with national wealth and the cumulative GDP over the past several decades.   

Boston: Brattle Group, 2023. 115p.

By Andres Martinez-Fernandez

Key Points

• Corruption is an urgent challenge in Mexico that undermines political stability, economic development, the rule of law, efforts to combat organized crime, and the effectiveness of public services.

• Corruption in Mexico’s security forces is a key contributor to the sharp rise of organized criminal violence and severely handicaps US-Mexico security cooperation against drug cartels.

• President Andrés Manuel López Obrador’s emphasis on combating money laundering and his empowerment of Mexico’s Financial Intelligence Unit are positive developments for the government’s anti-corruption efforts. However, an increasingly hostile stance to US-Mexico security cooperation, the politicization of investigations, neglect of independent institutions, and inattention to cartel corruption are all concerning.

• The US should use a combination of diplomatic engagement, expanded cooperation against money laundering, and unilateral enforcement actions to restore trust and the effectiveness of bilateral security and anti-corruption cooperation while pushing Mexico to address its anti-corruption blind spots.

Washington, DC: American Enterprise Institute, 2021. 32p.

By Andres Martinez-Fernandez

Key Points

• National Liberation Army (ELN) guerrillas remain a potent challenge for regional security and development. The ELN is growing in Colombia and Venezuela, thanks to its involvement in illegal mining, now the most important revenue source for the guerrilla group.

• The ELN’s illegal mining remains virtually unrestricted in Venezuela, thanks to the Nicolás Maduro regime’s complicity. At the same time, despite the Colombian government’s recent efforts, illegal mining continues to take place throughout Colombia, benefiting armed groups like the ELN.

• To cut off the ELN from this vital revenue source, the United States and Colombia must work to expand the presence of the state in areas affected by illegal mining, formalize artisanal miners, strengthen the state’s enforcement and investigatory capacities, and isolate Venezuela from global gold markets.

Washington, DC: American Enterprise Institute, 2019. 12p.

By Katharina Kru¨sselmannI, Pauline Aarten, Marieke Liem

Background

Higher availability of firearms has been connected to higher rates of interpersonal violence in previous studies. Yet, those studies have focused mainly on the United States, or used aggregated international data to study firearm violence. Whether those aggregated findings are applicable to understanding the phenomenon in continental Europe specifically remains unclear. The aim of this systematic review is to bring together all studies that exclusively use European data.

Methods

Nine databases were searched, resulting in more than 1900 individual studies. These studies were assessed on relevance and eligibility for this study, based on their title, abstract and full text. Information on study characteristics, operationalizations of main concepts and study results were extracted from the six eligible studies.

Results

Four studies assessed the impact of firearm restrictive regulations on the rate of firearm homicides. Two other studies correlated rates of firearm availability and -violence. Results vary: some studies show a clear decline once availability of firearms is restricted, while others indicate a limited effect on only a very specific subgroup, such as female victims, or national guards with weapons at home. Moreover, studies used various operationalizations for firearm availability, thereby decreasing the comparability of findings.

Conclusion

Empirical research exclusively using European data is still lacking. To increase comparability of future studies, methodological inconsistencies and regional gaps need to be overcome. Assessing how firearm availability can be measured with reliable and valid proxies across countries will be a crucial first step to improve future research on the link between firearms and firearm violence.

PLoS One. 2021 Apr 14;16(4):e0248955. doi: 10.1371/journal.pone.0248955. PMID: 33852590; PMCID: PMC8046231.

By Astrid De Schutter and Nils Duquet

This report discusses the connection between drug trafficking and firearms trafficking, focusing on systemic drug-related gun violence. It also examines the societal impact of this violence within the EU. For those interested in understanding the complex nexus between firearms trafficking, drug trafficking, and the resulting violence, this report provides valuable insights and analysis.

The analysis responds to a need for further research into the issue, at a time of rising drug-related violence in Europe. On average, over a quarter (28%) of the firearms seizures in Europe are estimated to have occurred in the context of drug trafficking, with this figure close to a half (44%) in some EU Member States (UNODC). The UN Commission on Narcotic Drugs has emphasised the need to address the links between the illicit trafficking in drugs and firearms. In Resolution 65/2, it encouraged states to take appropriate measures to prevent and combat these links, by enhancing border control management, information exchange and international operational cooperation.

The report identifies the Balkan route as a key transit route for firearms and drugs into the EU. Weapons and drugs are often smuggled along this route as part of multi-commodity transfers, or hidden in vehicles. The Western Balkans are an important source region of firearms trafficking into the EU. The arms moved from this region are often 'conflict legacy weapons' (e.g. from conflicts in the former Yugoslavia and the Albanian civil war). Firearms are often smuggled together with drugs by the same criminal networks or, at least, along well-established drug-trafficking routes.

The analysis shows how firearm traffickers have significantly exploited legal loopholes over the past 20 years to legally acquire weapons unable to fire live ammunition (e,g. alarm weapons, deactivated acoustic expansion weapons, small-calibre firearms) and convert them into live-firing weapons. The ease with which these weapons can be legally purchased and converted has strongly impacted the criminal availability of firearms in several EU countries. In various Member States, a higher availability of trafficked firearms on the illicit market has triggered drug-related gun violence.

In 2019, the EMCDDA and Europol noted that the criminal use of firearms by organised crime groups (OCGs) involved in European drug markets appeared to be increasing. Europol found that the use of drug-related violence has escalated in recent years, particularly linked to the cannabis and cocaine trade (SOCTA, 2021).

The report takes an in-depth look at the use of gun violence at the wholesale level of the drug distribution chain and the local consumer market. Violence appears generally less evident at the production and wholesale level than the consumer level of the drug market. Most of the drug-related gun violence at wholesale level in Europe is connected to cocaine. The recent shift from a few large networks dominating the cocaine market to a larger number of smaller competing networks may explain the upsurge in violence.

The local consumer market accounts for most of the visible drug-related gun violence. Many actors involved in this violence are young adults using guns as a means to advance their criminal career. Open drug markets — where buyers can purchase products without prior introduction to the seller — are more prone to violence than closed markets, which are built on relationships of trust between buyer and seller.

Finally, the report looks at the broader impact of firearms trafficking and associated violence in the drug trade on society as a whole. Residents or individuals working in the community may be threatened or extorted. Drug criminals may target innocent victims through cases of mistaken identity. And there may be spill-over effects, when violence moves beyond the criminal milieu (e.g. to Ministers, journalists).

The report underlines the need for sound intelligence on these security phenomena, including better ballistics data, law enforcement information and intelligence on firearms trafficking and criminal shootings. Such data and information are crucial to adequately inform evidence-based initiatives, support targeted law enforcement actions and evaluate policies. The study contributes towards a better understanding of drug-related gun violence in the EU and supports appropriate policy responses to prevent this type of violence.

Lisbon: European Monitoring Centre for Drugs and Drug Addiction. 2023. 57p.

By Zenobia Ismail and Robin Richards

State capture occurs when a small number of elites in the public and private sectors collude to modify rules, policies and legislation for their own benefit at the expense of the public interest. The term emerged in the 1990s to describe relations between the state and the private sector in Eastern European states that were transitioning away from communism. In South Africa, state capture became a prominent topic in the media in 2016 following widespread allegations that several state-owned enterprises and other agencies, including South African Airways, Electricity Supply Commission of South Africa (ESKOM), South African Broadcasting Corporation (SABC), Denel (arms manufacturer), South African Revenue Service (SARS) and the State Security Agency, were “captured” by individuals with close ties to the then president of South Africa, Jacob Zuma.

The literature on state capture tends to focus on the close relations and exchange of favours among key actors in the public and private sectors. It does not provide detailed accounts of how institutions are captured or the consequences of this for the functioning of the institution. In order to deepen the evidence on state capture, this study provides a detailed account of the impact of state capture on the capacity of one state agency, SARS. The research examines the capacity of SARS to detect, investigate and prevent tax and financial crime and how this changed as a result of state capture.

There were three key components of the so-called capture of SARS:

• Infiltration of the organisation by new employees aligned to politicians associated with state capture. This included Tom Moyane, appointed by Zuma as the new Commissioner of SARS in 2014;

• Allegations in the media which cast doubt on the integrity of the institution and its leaders. These included aspersions regarding an alleged ‘rogue unit’ in SARS which exceeded its legislative authority to investigate tax and financial crimes. These accusations undermined the integrity of some senior managers at SARS and enabled them to be suspended pending investigation;

• Organisational change and staff purges that further weakened the institution. Moyane, with the help of the local office of the consulting firm Bain International, introduced a sweeping restructuring of SARS. During the restructuring process, key units that were responsible for detecting and investigating financial crimes pertaining to the illicit economy were disbanded. There were staff purges and an organisational climate of intimidation, which contributed to widespread resignations. Consequently, SARS lost much of its human capacity to detect and investigate tax and financial crimes. Likewise, information technology systems that were used to detect or investigate tax or financial crimes were dismantled or altered under the guise of improvement.

This study contributes to the literature on state capture by providing evidence of the detrimental impact of state capture on institutions and the public interest. It suggests that the lack of similar detailed case studies may lead to an underestimation of the negative impact of state capture for institutions in the public sphere. The study illuminates the unintended consequences of state capture on institutions. The integrity of SARS as the receiver of revenue has been tarnished; this is expected to lead to taxpayer apathy and a decline in direct and indirect tax revenue. This prediction does not bode well for national development which is a critical function of the South African state. The study suggests that state capture will undermine economic development in South Africa.

SOC ACE Research Paper No. 12. Birmingham, UK: University of Birmingham, 2023. 42p.

By Tena Prelec

In recent years, concerns have grown regarding information manipulation, particularly in relation to the disinformation tactics employed by authoritarian regimes. Our research delves into the intriguing, lesser-explored realm of organised crime (OC) groups' involvement in shaping information landscapes. Drawing from Nicholas Barnes' 'political criminality' concept, we investigate how OC crime groups manipulate information in Eastern Europe, including Ukraine, Russia, Moldova (Transnistria), and Albania.

We explore the impact of evolving technology on OC groups' narrative-shaping abilities, their media ownership, and their role in the global political economy of offshore finance. This research offers a deeper understanding of the threats associated with information manipulation by non-state actors. It also presents an analytical framework for future studies. Dive into the full report to uncover the hidden facets of this intriguing topic in today's world.

SOC ACE Research Paper 22. Birmingham, UK: University of Birmingham, 2023. 44p.

By Liam O’Shea, Gonzalo Saiz & Alexia Anna Hack (RUSI); and Olivia Allison (Independent).

The research highlights the correlation between a third country’s support for or opposition to sanctions and the extent of its geopolitical alignment with senders or targets. It finds that SEA is more likely when a third country is economically reliant on the target country, has interests in engaging in SEA and has the trade and commercial capacities to do so – particularly in professional advisory, financial services, shipping and logistics sectors. In these cases, there is likely to be a significant role for a range of private commercial actors within these sectors with economic interests in engaging in SEA. This suggests that policymakers combatting SEA should prioritise economies reliant on these sectors and promote improved sector regulation and enforcement measures.

More broadly, the research suggests that focusing on the role of third countries in SEA by industry sector, rather than just by country, may help to identify more tailored countermeasures. This approach, and the specific nuances and features of particular types of SEA, enables more focused follow-on analysis and potentially more targeted policy responses.

The report examines thirteen third countries (Armenia, Cyprus, Czechia, Georgia, Indonesia, Kazakhstan, Malta, Saudi Arabia, Serbia, South Africa, Spain, Türkiye and the UAE), involved in SEA relating to sanctions imposed on Russia since the Ukraine invasion. It draws from literature, data analysis of media reports, blogs, forums and other open-source information as well as trade and shipping data, spanning from February 2022 to February 2023.

Sanctions are an important tool for exerting influence internationally yet understanding of the impact of sanctions evasion or avoidance (SEA) and third-country involvement remains limited. In this study, third countries are defined as distinct from ‘senders’ and ‘targets’ of sanctions regimes and aims to shed light on their role in SEA.

SOC ACE Research Paper No 21. Birmingham, UK: University of Birmingham, 2023. 35p.

By: Dr Erica Marat (NDU) and Dr Alexander Kupatadze (KCL).

This paper examines the practices used to evade sanctions imposed on Russia after its invasion of Ukraine in 2022, focusing on the import–export operations of Russia, Belarus, Georgia, and Kazakhstan. The research finds that sanctions have not cut supplies to Russia but have instead empowered informal trade networks and intermediaries. Georgia and Kazakhstan have indirectly benefited from the increased transiting trade; however, the impact on the shadow economy and traditional organised crime has been minimal because sanctions-busting is not illegal in these countries. In the aftermath of Russia’s invasion in Ukraine, a conspicuous surge in trade anomalies and import- and export-related red flags has been observed. In many instances, these irregularities can be definitively attributed to strategies employed to circumvent sanctions. The Western focus has been on restricting the re-exports of sanctioned goods to undermine Russia’s military apparatus. However, third-party states, such as Georgia and Kazakhstan, play a significant role in enabling Russia to sustain its international trade activities, yielding substantial financial gains for the country’s military expenditure.

Our research underscores the complexity and challenges of enforcing international sanctions and preventing sanctions evasion. It shows that the sanctions have not been as effective as hoped in cutting off Russia from the global economy, and that Russia has been able to find ways to circumvent them. The paper highlights the need for more concerted efforts and cooperation among Western states, private companies based in the West, and third-party states, to mitigate and prevent sanctions-busting activities.

Future research could expand to include more countries and examine the broader implications of sanctions. It could also examine the extent to which organized crime, such as cybercrime and trade-based money laundering, are linked to sanctions evasion. This research would build on the recommendations of this paper by developing more specific strategies for detecting and preventing sanctions evasion, including the use of new technologies and data analysis techniques.

Research Paper No. 18 University of Birmingham. 2023. 47p.

By David Lewis and Tena Prelec

This paper provides an analytical overview of how Russian actors and proxies are using illicit financial flows (IFF) to support Russian foreign policy goals. It shows how Russia has used illicit finance to fund political interference campaigns, promote disinformation, and support military operations outside Russia, including the international activities of the Wagner network.

IFF includes a wide range of illicit and illegal cross-border financial activities, including high-level corruption, money-laundering, and sanctions evasion. Illicit finance played a significant role in Russian foreign policy pre-2022 invasion of Ukraine. Subsequent international sanctions against Russia have further amplified Moscow's reliance on illicit business and financial practices.

Russia has become increasingly reliant on IFF in three important areas:

• First, IFF facilitates sanctions evasion and is central to Russia’s efforts to source weapons and dual-use technology.

• Second, IFF is used to fund political interference and information operations globally, with an increasing trend towards activities in the Global South.

• Third, IFF supports Russia's involvement in armed conflicts, through the funding of paramilitary forces such as Wagner and commercial deals that accompany Russian military activities in the Middle East and in Africa.

Unless effectively countered, Russia's growing use of illicit financial and economic tools will give it an advantage in its war against Ukraine. The Wagner network demonstrates how illicit financial networks can support military proxies in ways that pose a serious threat to international security.

An effective response to illicit finance requires a holistic approach, combining effective sanctions with systematic efforts to tackle money-laundering and illicit finance in key financial and logistical hubs, including in the UK and other Western countries.

SOC ACE Research Paper No 17. University of Birmingham. 2022. 43p.

By Maria Nizzero

The imposition of sanctions against the ‘oligarchs’ following Russia’s invasion of Ukraine has triggered a policy conversation about the potential to move ‘from freeze to seize’: achieving permanent confiscation of assets that are currently temporarily frozen under sanctions. Acting against the oligarchs’ assets represents a way for the UK government to both reaffirm its intention to support Ukraine, and to show that the UK is no longer a haven for the proceeds of patronage, bribery or corruption. However, the UK’s asset recovery mechanisms have previously fallen short when dealing with the challenges related to seizing such proceeds, such as the difficult nature of investigating alleged historical criminality and corruption at the root of the wealth, the vast resources available to those who to manage to hide their assets and, if needed, to prove their licit origin, and the provenance of wealth in uncooperative jurisdictions. In addition, while the intention to move ‘from freeze to seize’ is high on the government’s agenda and has been reflected in several parliamentary debates and the Economic Crime Bill presented in September 2022, there are concerns that such political interest and pressure to act quickly should, however, come with proposals that do not undermine the UK’s status as a rule-of-law jurisdiction and a supporter of fundamental human rights. This paper explores alternative asset recovery mechanisms that could help respond to the immediate policy goal surrounding Russian-linked sanctioned assets and contribute to strengthening the broader asset recovery framework in the UK for the longer term. It sets out the current challenges related to confiscation of proceeds of grand corruption and explores the limitations of UK civil recovery mechanisms when seeking to tackle such proceeds. Given these challenges, the research looks at examples of three alternative mechanisms across four jurisdictions – Australia, Switzerland, Ireland and Italy – weighing their potential and limitations in relation to issues such as a lower standard of proof or reversed burden of proof, as well as reframing around ‘societal danger’, and their legal applicability in UK legislation. With these factors and the broader findings of the research in mind, this paper concludes with a set of recommendations for UK policymakers, which apply equally to the global debate, when thinking about reforming the country’s asset recovery mechanisms. While it does not intend to categorically push for one model to be adopted over others, as developing legislative mechanisms to facilitate the permanent confiscation of kleptocratic proceeds is a challenge that goes well beyond the UK,1 the paper suggests considering amendments to the current asset recovery mechanisms that take account of the social damage and national security interests affected by criminals, and kleptocrats in particular. This is a key gap in UK legislation, and these concepts need to both be included in asset recovery legislation and have full buy-in from the government and law enforcement. Alongside this, some adjustments to existing legislation to include certain elements, such as a full reverse burden of proof and, most importantly, appropriate resourcing of law enforcement, will improve the odds of recovering proceeds of crime in the UK.

SOC ACE Research Paper No. 16. Birmingham, UK: University of Birmingham.2023. 35p.

By Cathy Haenlein, Sasha Erskine, Elijah Glantz and Tom Keatinge

Sanctions are increasingly being used to tackle a range of specific issues. These include sanctions that respond to human rights abuses, combat corruption and address malicious cyber activity. As sanctions use has broadened, the question of their application to organised criminal activity is increasingly raised; yet the use of sanctions for this reason has remained limited to a specific set of issuers, notably the US, and more recently, the UN. In the UK, the government has advanced its vision of an ambitious post-Brexit independent sanctions regime, with the Sanctions and Anti-Money Laundering Act 2018 allowing sanctions use ‘in the interests of national security’ (HMG, 2018). New regimes addressing human rights and corruption have emerged. With serious and organised crime deemed a national security threat by the UK government, there is a case to add a sanctions regime to address this particular threat (HMG, 2018). The National Crime Agency itself has called for a legislative amendment to reference serious and organised crime as grounds for sanctions use (HMG, 2021). However, little research or evaluation has been undertaken to assess the impact of sanctions on organised crime. With US sanctions used over almost three decades to disrupt cross-border trafficking, the lack of a body of rigorous relevant research is a key shortcoming. Similarly, few past initiatives have sought to assess the lessons these experiences hold for future sanctions issuers in this space. With interest mounting in the potential use of organised crime-related sanctions, this represents a critical limitation. In seeking to address the gap, this paper reviews existing evidence on the use and impact of sanctions to disrupt organised criminal activity. It focuses on two case studies, Colombia and Libya, in differing regions of the world and with different exposure to organised crime-focused sanctions. While Colombia tops the list of states globally for organised crime-focused sanctions on individuals and entities in its territory (with the third-highest number of relevant listings since 2016), Libya’s exposure is more recent and limited. Libya nonetheless has experience of listings under UN and US country regimes relating to fuel smuggling, people smuggling and human trafficking. Here, it differs markedly from Colombia, which is the epitome of the historic US approach to narcotics-related sanctions. This paper analyses organised crime-related sanctions data, examines the current state of knowledge relating to the implementation and impact of these sanctions, and draws on the tw wo case studies. It identifies a number of factors that influence the effectiveness of organised crime-focused sanctions, including:

• The extent to which the host government of the sanction’s target is willing to cooperate with the sanction’s issuer.

• The extent to which the issuance of sanctions is embedded within a coherent broader strategic approach.

• The overarching focus of the regime within which relevant designations are made.

• The need for clear objectives when applying sanctions.

• Resourcing and engagement of key agencies in both the country of issuance and the target’s host country.

• Divergent levels of vulnerability of key actors across the related illicit trade chain. With these factors and the broader findings of the research in mind, this paper concludes with a set of ten considerations for those countries that may, in the future, consider introducing organized crime-focused sanctions.

SOC ACE Research Paper No. 1. Birmingham, UK: University of Birmingham. . 2022. 51p.