what is organized crime? - class. · pdf fileaccording to the federal bureau of investigation,...
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What is Organized Crime?
1
White-collar crimes differ from the field of organized crime. While the name
white collar connotes committing crimes without getting one’s hands dirty,
organized crime involves criminal activity of all sorts, including the dirtiest,
most gruesome street crimes. White-collar crimes generally do not involve
physical violence or narcotics trafficking. Organized crime thrives on both.
From the inception of the United States, organized crime has been the means
through which many immigrant groups have achieved success. But, organized
crime is not limited to the United States. In fact, many countries struggle with
the issue and organized crime is responsible for billions of dollars of criminal
activity throughout the world. Many criminal enterprises resemble multinational organizations because they have operations around the globe.
The term organized crime refers to criminal activity committed by a member or
members of a group that has an identifiable organizational structure and whose
objective is to obtain money, services, or property through the commission of
criminal activity. Organized crime groups ensure their continued existence and
profitability through the use of force and threats of force, bribery, and
extortion. According to the Federal Bureau of Investigation, organized crime
generally includes the following criminal activities (Organized Crime, n.d.):
Bribery
Sports bribery
Counterfeiting
Embezzlement of union funds
Mail fraud
Wire fraud
Money laundering
Obstruction of justice
Murder for hire
Drug trafficking
Prostitution
Sexual exploitation of children
Alien smuggling
Trafficking in counterfeit goods
Theft from interstate shipment
Interstate transportation of stolen property
Murder
Kidnapping
Gambling
Arson
Robbery
Extortion
What is Organized Crime?
2
Drug offenses
When members of organized crime groups commit crimes, they are subject to
the criminal laws of the United States and the individual states, as well as their
subordinate jurisdictions such as counties and municipalities. Narcotics
trafficking, extortion, murder, illegal gambling, and prostitution are all illegal;
however, the criminal law itself has not been successful in thwarting organized
criminal activity. In the 1970s, Congress and most states enacted special laws
targeting racketeering to treat organized crime in a specific, focused, and more serious way than run-of-the-mill street crime.
At the federal level, the Racketeer Influenced and Corrupt Organizations (RICO)
statute makes it a crime for a criminal organization to use the funds gained
through its illicit conduct for legitimate business purposes. Most states have
passed similar laws. Violation of the laws results in potential lengthy prison
terms, fines, and forfeiture of the proceeds from the criminal activities as well
as the legitimate businesses. An example would be an organized crime member
who launders money by purchasing a restaurant and running illegally obtained
funds through the restaurant business. If the government can obtain sufficient
evidence to convict the owner of a RICO violation, the consequences would
likely be a prison term, a fine, and forfeiture of the restaurant as well as any other property the gangster obtained with illegally obtained funds.
While the RICO statute and its state counterparts were originally intended to
break up the Mafia, the statutes have proven to be valuable tools in the fight
against organized crime at many levels. For example, in addition to using the
RICO laws against members of La Cosa Nostra, it has been employed against
other organized crime entities. RICO also provides a civil cause of action
against the organization, businesses, and individuals who engage in profiting
from unlawful criminal racketeering.
Reference
Organized crime. (n.d.). Retrieved from the Federal Bureau of Investigation Web site: http://www.fbi.gov/hq/cid/orgcrime/eocindex.htm