Chapter 4: Criminals

Criminal elements exist at every level of society and in every operational environment (OE). Their presence, whatever their level of capabilities, adds to the complexity of any OE. They may be intertwined with irregular forces and possibly with regular military and/or paramilitary forces of a nation-state. However, they may also pursue their criminal activities independent of such other actors.

Characteristics

Some individuals, groups, and activities are criminal or illegal only because they violate laws established by a recognized governing authority. Others may violate moral or ethical standards of a given society or of the international community.

Note. In some OEs, the threat is more criminal than military or paramilitary in nature. Insurgents, guerrillas, or other armed groups often use or mimic established criminal enterprises and practices to move contraband, raise funds, or otherwise further their goals and objectives.

Criminal activity is a category of violence that is enmeshed in the daily life of most people in both urban and rural areas. However, criminal activity thrives in areas where there is instability and lack of government control or law enforcement. The actions of insurgents and guerrillas further erode stability and effective governance, creating more opportunities for criminal pursuits. Sometimes, given those opportunities, insurgent or guerrillas themselves turn to crime—either to sustain themselves or for personal profit. It may be difficult to distinguish crime from ethnic feuds, ideological and theological extremism, or other elements of a culture that incite insurgency or guerrilla warfare.

Governing authorities often characterize insurgents and guerrillas as “bandits.” The reason for this is that their activities in opposing the governing authority and sustaining themselves are illegal (from the government perspective). Acts of subversion may be against the law (that is, criminal) even if not violent.

Scope of Operations

Criminal organizations are normally independent of nation-state control. Large-scale organizations often extend beyond national boundaries to operate regionally or worldwide. Large-scale organizations may have the capability to adversely affect legitimate political, military, and judicial organizations. However, individual criminals or small-scale criminal organizations (gangs) typically do not. Still, any criminal organization can affect such government organizations and/or military operations by becoming affiliated with the irregular OPFOR or with military forces of another nation-state.

Unless a criminal organization is in league with government officials, it must operate in ungoverned or poorly governed areas. Otherwise, the governing authority would interfere with the criminal activity. In today’s world, the ungoverned area may be virtual—in the Internet and cyberspace. Criminal organizations can draw on virtual sanctuaries such as websites, chat rooms, and blogs.

Criminal organizations desire a space where they can conduct their activities unconstrained by a government. They may seek to create or maintain a region where there is no governmental control or only governmental control that they can co-opt. Such an area allows them sufficient latitude to operate and discourage rival criminal enterprises. From this base area, they can generate more and more violence and instability over wider sections of the political map.

Some criminal organizations can generate instability and insecurity within a state or across borders. They can become partners with insurgents in order to further their criminal ends. A criminal organization takes on the characteristics of an insurgency when it uses subversion and violence to negate law enforcement efforts. Some criminal organizations may seek to co-opt political power through corruption and intimidation. The more they seek freedom of action, the more they inhibit state sovereignty. A criminal organization may create its own form of “government” by providing protection and enforcing its will on the populace. If it can challenge the governing authority’s control beyond the local level of government, it in effect becomes an insurgency unto itself, although its ends are materially focused rather than ideological.

Relationships With Other Organizations and Actors

Criminal organizations may have some type of relationship with guerrilla and/or insurgent organizations or other actors, based on similar or shared goals and/or interests. The nature of the shared goal or interest determines the tenure and type of relationship and the degree of affiliation. Any affiliation depends on the needs of the criminal organization at a particular time. To criminals, any cooperation with other actors is viewed through the lens of profitability. They may actually oppose other actors whose activities degrade their criminal enterprises.

Note. Criminals and criminal organizations, both armed and unarmed, may be considered noncombatants as long as they are neutral. However, they may be considered as combatants if they become affiliated with regular military or irregular forces. In the latter case, they can be considered part of the irregular OPFOR.

Irregular Forces

By mutual agreement, or when their interests coincide, criminal organizations may become affiliated with insurgents and/or guerrillas controlling and operating in the same area. Such allies can provide security and protection against government forces or other common enemies. They can also provide support to the criminal organization’s activities. In exchange, the criminal organization may provide financial assistance, advanced technologies, or weapons.

Mutual interests of criminals, insurgents, and/or guerrillas can include preventing extraregional or local government forces from interfering in their respective spheres. The amount of mutual protection depends on the size and sophistication of each organization and its level of influence on the government or the local population.

On behalf of a criminal organization, insurgents or guerrillas can conduct—

Diversionary actions.
Reconnaissance and early warning.
Money laundering.
Smuggling.
Transportation.
Civic actions.

Criminal organizations may not be part of an insurgency. However, their activities—such as theft, hijackings, kidnappings, and smuggling—can further undermine the governing authority. Insurgent organizations often link themselves to criminal networks to obtain funding and logistics support. In some cases, insurgent networks and criminal networks become indistinguishable. Many insurgent organizations are more similar to organized crime in their organizational structure and relations with the populace than they are to military units.

Note. If an insurgent organization creates a shadow government, criminals may co-opt elements of that government for their own benefit or reach agreements for mutual benefit.

Nation-state Military or Paramilitary Forces

At times, criminal organizations might also be affiliated with nation-state military and/or paramilitary actors. In time of war, a state may encourage and materially support criminal actions that contribute to the breakdown of civil control in a neighboring country. Regular, reserve, and militia forces of a state can maintain various relationships with criminal organizations. Special-purpose forces (SPF) can support criminal organizations and possibly conduct operations in conjunction with them.

Local Populace

Criminal organizations may conduct civic actions to gain and maintain support of the populace. A grateful public can provide valuable security and support functions. The local citizenry may willingly provide ample intelligence collection, counterintelligence, and security support. Such support can also be the result of bribery, extortion, or coercion. For example, a criminal organization might use bribery or extortion to induce members of the local populace to act as couriers or otherwise support its activities. It might also coerce a businessperson into running a front company on its behalf.

Private Security Companies

Large criminal organizations may hire private security contractors (PSCs) to guard key facilities. PSCs can also provide bodyguards for a criminal leader or conduct surveillance or a search at a site prior to his arrival.

Personnel

In most countries and cultures, criminals fall into the lower orders of social groups. However, there are some cases in which the criminals are well known and receive a degree of respect for their adherence to traditional social values and their public social works (civic actions).

Criminals may or may not be armed. For instance, individuals who perform money laundering or operate front companies might not be armed. Individual criminals or gangs might be affiliated with insurgents or guerrillas and still perform support functions that do not involve weapons. Conversely, some criminals are armed noncombatants who are not part of or affiliated with any military or paramilitary organization. Some minor criminals may use their weapons for activities such as extortion and theft. They might even steal from local government or extraregional forces, to make a profit. Opportunists may decide to hijack a vehicle or a convoy by force of arms.

Individual criminals may be completely neutral or have leanings for either side, or several sides. At least at the outset, they may not be members of or directly affiliated with the irregular OPFOR. However, since some of them are already armed, they could easily become combatants, if their situation charges. While some noncombatants are normally unarmed, there is always the potential for them to take up arms in reaction to developments in the OE and their perception of the actions of local governing authorities or an extraregional force.

Note. Most criminals (especially noncombatants) are not irregular forces or part of the irregular OPFOR. However, they are included in this TC because of their relationships and interactions with the irregular OPFOR. Their criminal acts can add to the general instability caused by the irregular OPFOR.

Motivations

Criminals, unlike insurgents or guerrillas, are seldom driven by any political or religious ideology. They exist to make money or to wield power. However, some criminal organizations may align themselves with insurgents or guerrillas if their interests are mutually supportable. Criminal organizations may even become affiliated with military or paramilitary forces of a nation-state if their interests coincide.

Note. Insurgents, guerrillas, or nation-states may espouse a rigid religious or political ideology. However, they may set aside those principles when using the drug trade or other criminal activities to finance their operations.

Profit

The primary motivation of criminals is making as much money as possible with as little risk as possible. To make a profit, they may fill a need or want with otherwise unavailable products or provide services that are illegal. To mitigate risk, they may buy influence with politicians and police officials. Failing that, they may eliminate those law enforcement and legal system personnel who interfere with their activities, as well as criminal competitors.

The enemies of criminal organizations are any political, military, legal, or judicial institutions that impede their actions and interfere with their ability to make a profit. However, there are other groups that conduct drug-trafficking or other illegal actions as a means to purchase weapons and finance other paramilitary activities. Criminals may tolerate or cooperate with such groups as long as they do not appear to be competitors or infringe on their own ability to make a profit. A criminal organization may sell or trade information to a military or paramilitary organization, for profit or mutual benefit.

Power

Individual criminals and criminal organizations commit crimes not only for money, but also to gain power and prestige. Actions such as assassination, murder, and maiming are intended to demonstrate the criminal organization’s power and control. That power may be over public officials, persons it cannot otherwise control or intimidate, criminal competitors, or people disloyal to the organization.

Larger criminal networks and transnational criminal organizations conduct criminal activities on a scale that can threaten whole societies and/or the international community. They can render governments corrupt and ineffective. They often begin to control ungoverned territory within a nation-state, acquire political power in poorly governed regions, and eventually vie with the governing authority for influence in government-controlled space. They also look for ways to exert power and influence internationally.

Criminal Organizations

Very few crimes can be carried out by an individual criminal. Therefore, some form of organization is normally required. It may be a group of two or three individuals or a larger, more sophisticated organization. The higher the level of organization, the greater the potential for profit and power. Criminal organizations may not change their structure in wartime, unless wartime conditions favor or dictate different types of criminal action or support activities.

Weapons and equipment vary based on type and scale of criminal activity. Criminal organizations at the higher end of the scale can take on the characteristics of a paramilitary organization—either for self- protection or as a private army for hire. Criminals may have the best technology, equipment, and weapons available, simply because they have the money to buy them.

Criminal organizations generally fall into three types: gangs, large-scale criminal networks, and transnational criminal organizations. Some gangs and criminal networks develop into larger criminal networks and possibly into transnational criminal organizations. Thus, the lines of separation are not always clear-cut. However, there are some basic differences in how these three types are structured and how they operate.

Gangs

Some criminals may form loosely associated organizations with no true formal structure. These small gangs are a concern to local law enforcement, but normally are not a threat to legitimate institutions. Nevertheless, their often unpredictable acts of violence can destabilize the social and political environment. Smaller gangs tend to have loose, unsophisticated leadership focused on turf protection, gang loyalty, and local, petty crime (such as theft or small-scale drug sales). Even when many gangs with various leaders operate in the same areas, they may or may not interrelate with each other.

These smaller gangs are not irregular forces, but their impact on the local populace can be significant and may actually assist irregular forces. Even small gangs may become affiliated with insurgents or guerrillas if they stand to gain profit or power.

Some smaller gangs may develop into larger gangs or into large-scale criminal networks. This can happen in two ways. A small gang may grow into a larger organization, or several gangs may (willingly or forcibly) be joined to form a larger organization.

Large-scale Criminal Networks

Gangs may develop into large-scale criminal networks. At this level, they expand illicit business, increase profits, and typically focus on trafficking and market protection. These networks and the gangs that comprise them also continue with the traditional sources of illegal income. However, they are much more versatile, flexible, and able to adapt to various opportunities. The large number of criminal organizations loosely associated with one another is able to exploit more opportunities with a variety of means. Large-scale criminal networks can include any or all of the actions listed under “Criminal Activities” later in this chapter.

Note. The term criminal network more closely captures the loose structure of many large criminal groups that do have an enduring association but are more fluid and adaptable than the more specific terms syndicate or cartel imply.

Most criminal networks are loosely structured and function primarily because each participant is pursuing his own interests. Such a network is not necessarily a formally structured, hierarchical organization with one individual controlling and running the operation. Rather, it may be a loose-knit, intricate web of individuals or groups selected for their particular skills. However, they frequently continue to operate independently until the network needs their skills. The network can quickly assemble the appropriate resources to take advantage of opportunities for specific illegal activities and then release these assets between jobs. This reduces exposure to detection and keeps individuals from having too much information about the overall operation.

Even when there are strong vertical links, there can still be a great deal of autonomy among the numerous small gangs that make up the network. The hierarchy may receive payments from those lower in the organization, but each gang is free to pursue its own criminal enterprises when the larger organization does not require its services. The small gangs may still operate relatively independently (and perhaps competitively). They do not necessarily share key information with the larger structure. Even the highest- level leadership may not be aware of all operations.

These criminal networks use violence as a means to create and protect their market as well as marginalize and control their competition. They seek to control or weaken state security institutions. They often begin to dominate community life within large areas of a nation-state. Criminal groups at this level may begin to develop overtly political agendas to improve their market share. They may overtly challenge state security and sovereignty. They may use subversion and violence as political interference to negate law enforcement efforts directed against them.

Criminal networks that control local or regional markets may have ties to and frequently do business with criminal organizations in other regions or other countries. They do so when they need wider networks of customers, fences, money-laundering expertise, access to technologies, and other essentials for an effective criminal venture.

Some criminal networks may develop into larger criminal networks or into transnational criminal organizations. In some cases, a smaller network may simply grow into a larger organization. In other cases, several networks may willingly join to form a larger organization. In still other cases, smaller organizations may be forced (by coercion or by circumstances) to become part of a larger organization.

Transitional Criminal Organizations

Some criminal organizations develop into sophisticated transnational criminal organizations. These organizations may have ambitious economic and political agendas. They often begin to fill the power vacuum in ungoverned or poorly governed regions within a nation-state and to challenge government control of other regions. This provides the transnational organization with security and freedom of movement to pursue its criminal enterprises. In some cases, the organization becomes a de facto insurgency with ends focused on the material rather than ideological goals. Actions can include any or all of the items listed under “Criminal Activities” later in this chapter—such as drug and arms trafficking, money laundering, and terrorism. Transnational criminal organizations develop their own transit routes for illegal shipments and develop their own access to contraband.

Transnational criminal organizations take advantage of increased opportunities for profit and power that are found internationally. Globalization is not limited to legal trade and commerce. Criminals in various countries can cooperate in criminal ventures that take place across several countries. The increasing ease and effectiveness of global communications plays a significant role in arranging criminal ventures and in laundering the proceeds.

For example, smuggling is a big business that requires international organization. Illegal substances or legal goods less expensive elsewhere are smuggled across state boundaries. (Drugs are the most lucrative of smuggled items.) A significant part of the profits may go to suppliers and associates in other countries, and profits may be laundered using international financial systems.

Also contributing to the international nature of crime is the increased movement of people across borders. Businesses, both legitimate and illegitimate, benefit from expanding global travel. Another aspect is movement of people forced from their homes by war or political persecution. Others move in order to seek the opportunity to build a better life for themselves and their families. The vast majority of these people are not criminals. However, the size of the movement provides perfect cover for those who are connected to transnational criminal organizations. Some migrants avoid formal channels and pay smugglers to get them into another country.

Command and Control

Criminal organizations (especially gangs and criminal networks) tend to have a lose structure. However, there is always some vertical link between lower-level subordinates and the organization’s leadership. When smaller organizations develop into larger criminal organizations by growth or by forcible joining, the vertical links are more likely to take the form of a relatively strong hierarchical leadership structure. However, when smaller organizations willingly become part of a larger organization, there is more likely to be a rather loose leadership structure. The following paragraphs describe some of the levels that may exist even in a loose hierarchical structure.

Senior Leaders

As a general rule, transnational criminal organizations tend to be highly centralized with senior leaders exerting control through a rigid chain of command. Gangs and criminal networks vary much more in their leadership structure. Some are highly organized, while others may be near anarchic with no central leadership.

Compared to gangs, the leadership of large-scale criminal networks tends to be more centralized, but with a loose hierarchical structure. However, there are exceptions. For example, some networks (such as drug cartels or crime syndicates) may be tightly organized with a rigid hierarchy. Some networks may resemble a business enterprise with specially qualified individuals on the operational side, while others supply the support services.

Different groups have varying titles for their leaders. Such titles may include boss, number one, chief, father, or simply leader (in various languages).

Intermediate Leaders

Intermediate leaders are the “middle management” of criminal organizations. Each of these is the ranking member of his particular part of a larger organization. Again, titles vary from organization to organization. Examples are sub-boss, underboss, street boss, or franchise leader. Those intermediate leaders who, in the view of their organization, lead a crew of “soldiers,” may have military-like titles (such as sergeant, lieutenant, captain, or brigadier). Regardless of the title, the mission is the same:

Turn orders into reality and make money.
Ensure loyalty and punish those who get out of line.
Avoid arrest and prosecution.
Eliminate or intimidate the competition.

Specialized and Technical Supporters

All organizations have specialists. These are people who maintain a very high level of expertise in one or two areas necessary for the success of the organization. In criminal organizations, this traditionally includes such persons as—

Accountants.
Defense attorneys.
Counselors.
Professional assassins.
Explosives experts.
Counterfeiters.
Smugglers.
Pilots.
Drivers.

In today’s strategic and operational environments, it also includes—

Hackers.
Computer programmers.
Telecommunications specialists.
Weapons experts.
Human traffickers.

Field Operatives

At the lowest level of the criminal organization is the field operative. That is the man on the street, willing to commit crimes for money, power, and prestige. These people may be full members (made men), aspiring members (prospects), or those who want to be seen with the organization (hang-around, associates). The titles for field operatives may include soldier, warrior, legman, or simply member. Whatever their title, they are still criminals within a larger organization and will be the face of the organization that most of the populace see.

Passive Supporters

In many cases, there are individuals or groups who provide passive support to criminal organizations for any number of reasons. Some see the organization as a defense against another group or corrupt government officials. Some have familial connections. Some see neighborhood, community, or country loyalty embodied in the criminal organization. Some are merely concerned about their own financial security or material gain.

Criminal Activities

Criminals use many and varied tactics and techniques. Some of these methods overlap with one another. The activities typically include an objective to make fiscal profit and/or achieve influence.

Security

Security is crucial for criminal organizations. They may use the highest degree of sophistication available to conduct intelligence collection and counterintelligence activities. These activities are a priority and can be well funded. Intelligence sources may extend to high levels within government and law- enforcement agencies. The local populace may willingly provide ample intelligence collection, counterintelligence, and security support. Intelligence and security can also be the result of bribery, extortion, or coercion.

Most members of criminal organizations are capable of protecting themselves and their assets. Typically, they carry small-caliber weapons, such as handguns, pistols, rifles, and shotguns. They are lightly armed out of necessity or convenience, not for lack of resources. When greater force of arms is necessary to control people, protect vital resources, or obtain information, these organizations typically have members who can use heavier arms, such as machineguns and assault weapons. Large criminal organizations may hire PSCs to conduct surveillance, provide personal security for leaders, or guard key facilities.

Theft

Theft is the taking of another person’s property without that person’s permission or consent with the intent to deprive the rightful owner of it. Thus, theft is an overarching term that covers various crimes against property such as burglary, embezzlement, larceny, looting, robbery, and fraud. (See also identity theft and intellectual property theft, both under Cyber Crime.)

Fraud

A fraud is an intentional deception made for personal gain and/or to damage another individual or entity. Defrauding people or entities of money or valuables is a common purpose of fraud. Fraud can include—

Ponzi schemes.
Insider trading.
Embezzlement.
Insurance scams.
Money laundering.
Forgery.

Fraud can also include cyber crimes such as—

Identity theft.
Copyright infringement.

Racketeering

A racket is a fraudulent scheme, enterprise, or activity. It is usually an illegitimate business made workable by bribery or intimidation. A racketeer is one who extorts money or advantages by threats of violence, by blackmail, or by unlawful interference with business or employment. Therefore, racketeering overlaps with bribery, intimidation, and extortion.

In racketeering, a criminal organization typically creates or perpetuates a problem or the perception of a problem for which it then offers a solution, for a fee. The intent is to engender continual patronage. In the traditional example of a protection racket, the racketeer informs a store owner that a substantial monthly fee will be required in exchange for protection. The “protection” provided takes the form of the absence of damage inflicted upon the store or its employees by the racket itself. Another example is malicious software (malware) that pretends to be detecting spyware or other infections on a computer and offers to download a cleaning utility for a fee. In actuality, the distributor of the malware is also the maker of the cleaning utility. (This aspect of racketeering overlaps with the category of cyber crime, discussed below.) In addition to protection rackets, racketeering can also involve numbers rackets or illegal lottery.

Racketeering can also include seemingly legitimate businesses that provide a front for illegal activity such as buying and selling illegal merchandise. Loan sharking is another form of racketeering in which a criminal offers loans at extremely high interest rates to borrowers who cannot qualify for loans from legitimate sources. The debtor faces violence or other criminal means to cause harm if the debt is not paid.

Black markets fall under racketeering as illegal businesses. These can include traded goods and services such as biological organs, transportation providers, illegal drugs, prostitution, weaponry, alcohol, tobacco, currency, and fuel. Black markets tend to flourish in most countries during wartime, due to rationing, and impact commodities such as food, fuel, rubber, and metal.

Gambling

In most societies, the act of gambling is in itself not illegal. What becomes illegal is an illicit business based on gambling (also called gaming). It is illegal because either—

It is conducted in a fraudulent manner.
The governing authority has outlawed it.
The gambling enterprise fails to share all its profits with the governing authority.

Gambling in the form of a numbers racket or illegal lottery is a form of racketeering. Internet gambling is a form of cyber crime.

Many types of gambling have been, or still are, illegal in some places. Hence, criminals may be the only operators of some games. Even when a governing authority legalizes some gambling ventures, it may be difficult to keep criminals from becoming involved, due to the huge potential for profits. Besides gaming operations recognized and (sometimes poorly) regulated by the state, there are many other gambling opportunities in which criminals may be involved.

Gambling is often associated with other types of crime. Operators of legal gambling establishments may receive kickbacks for allowing money laundering. Gambling operations earn large amounts of cash and present particular opportunities for skimming and money laundering. Aside from skimming profits from a legalized gambling enterprise, skimming can also occur with the granting of credit, which can lead into loan sharking. In particular, problem gamblers who need money for gambling may easily fall prey to loan sharks. Compulsive gambling can also lead to crimes such as embezzlement, robbery, check forgery, and fraud.

Prostitution

Prostitution is the practice of indulging in sexual relations for money. As a criminal enterprise, it also involves a criminal or criminal organization that profits from the commercial sex act. Prostitutes may also profit from the venture, although the criminal organization gets its cut. However, prostitution may be linked to human trafficking, in which case the criminals get all the profits.

Extortion

Extortion is the act of obtaining money, materiel, information, or support by force or intimidation. Criminal organizations use extortion to obtain information or cooperation or to protect members. Examples of extortion include—

Intimidating politicians to vote in a manner favorable to the criminal organization.
Intimidating judges to free an organization member.
Forcing a farmer to grow drug-producing crops.
Extorting money from local businesses in exchange for protection, which means not harming the business or its members.
Using death threats against an individual or his family to cause him to provide information or resources.
Intimidating other people not to take action against the criminal organization.
Using information warfare (INFOWAR) methods to create and maintain fear caused by extortion.

Bribery

Bribery is giving money or other favors to influence someone. Criminals give money to people in power who make or influence decisions. For example, bribes to law-enforcement officials can cause them to have their patrols avoid a criminal organization’s transit routes. If the organization is unable to bribe someone, it employs harsher methods, such as extortion, assassination, or murder, to gain cooperation.

Arson

Arson is maliciously burning another person’s dwelling, structures, or property. This may be done to as punishment for noncompliance with internal rules of criminal organizations. It may be the result of not paying the criminal organization for “protection.” It may also be done on a for-hire basis or as a means to inflict terror on a targeted person or group.

Hijacking

Hijacking is stealing or commandeering a conveyance. Criminals may conduct a hijacking to produce a spectacular hostage situation. Sometimes criminals may hijack a conveyance as a means of escape; in that case, the criminals may eliminate any unneeded people and materiel, such as hostages or baggage.

Kidnapping

Kidnapping is an abduction or transportation of a person or group by force. The person is kept in false imprisonment (confinement without legal authority). This may be done for ransom or in furtherance of another crime (such as human trafficking or hostage taking). This type of crime has become very popular with criminal organizations, and the methods vary by region. Kidnapping flourishes particularly in fragile or failed states and regions in conflict, as drug traffickers and other criminal organizations fill the vacuum left by governing authority.

The risk in kidnapping is relatively lower than in hostage taking. This is primarily because the criminals take the kidnapped victim to a location controlled by the criminal organization. The criminals then make demands and are willing to hold a victim for a long time, if necessary.

Hostage Taking

Hostage taking is typically an overt seizure of a person or persons to gain publicity, concessions, or ransom. Unlike kidnapping, where usually a prominent individual is taken, the hostages are usually not well known figures. Criminals attempt to hold hostages in a neutral or friendly area. The planning and execution of a hostage taking are similar to those of a kidnapping or hijacking. However, criminals may also take hostages as an expedient measure when they have difficulty exiting a crime scene.

Murder

Murder is the unlawful killing of another human being without justification or excuse. Murder is perhaps the single most serious criminal offense. Criminal organizations use murder as an enforcement tool and as a method of generating revenue in murder-for-hire schemes.

Assassination

An assassination is the murder (usually of a prominent person) by a sudden and/or secret attack. It is usually prompted by religious, ideological, political, or military motives, but may be done for payment. Criminals and criminal organizations may use an assassination—

For monetary gain.
To exert terror.
To display power.
To exact revenge on a public official.
To eliminate people they cannot intimidate.
To punish people who have left the criminal organization.

Maiming

Maiming is a deliberate act to mutilate, disfigure, or severely wound a person so as to cause lasting damage. Maiming can involve assault and battery on a person with intent to inflict serious injury. Other methods include—

Male castration.
Female genital mutilation.
Burning or branding.
Forcible tattooing.
Cutting off limbs.
Removal of tongue, eyes, or ears.
Throwing a corrosive acid or alkali to cause blindness or scarring.

The person maimed is an outward sign of the criminal organization’s power and control. A criminal organization often uses or threatens maiming—

To enforce order within the organization.
To collect debts.
For extortion.
As a for-hire operation to generate revenue.

Smuggling

Smuggling is the clandestine transportation of illegal goods or persons. It usually involves illegal movement across an international border. There are various motivations to smuggle. These include participation in illegal trade, illegal immigration or emigration, and tax evasion. Smuggling is often related to trafficking in persons, drugs, or arms.

Trafficking

Trafficking is the transportation of goods or persons for the purpose of making a profit. Criminals conduct illegal trafficking. Human trafficking (trafficking in persons) is the second largest criminal activity in the world—followed by drug trafficking and arms trafficking.

Humans

Human trafficking is the recruitment, transportation, transfer, harboring, or receipt of persons (including children) for the purpose of exploitation. It involves the threat or use of force, coercion, abduction, fraud, deception, and/or abuse. Human trafficking may take two forms:

Sex trafficking in which a person is induced to perform a commercial sex act.
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, for the purpose of subjection to involuntary servitude, debt bondage, or slavery.

Criminals choose to traffic human beings because, unlike other commodities, people can be used repeatedly and because human trafficking requires little in terms of capital investment.

Human trafficking is not the same as people smuggling. A smuggler may facilitate illegal entry into a country for a fee, but on arrival at their destination, the smuggled person is free. The trafficking victim is coerced in some way and is further exploited after arrival, in order to derive profits. Victims do not agree to be trafficked; they are tricked, lured by false promises, or forced into it. Traffickers control their victims by coercive tactics including deception, fraud, intimidation, isolation, physical threats and use of force, debt bondage, or even force-feeding drugs.

Drugs

The illegal drug trade is a black market consisting of production, distribution, packaging, and sale of illegal psychoactive substances. The legality or illegality of the black markets purveying the drug trade is relative to geographic location. The drug-producing countries may be inclined to tolerate the drug traffickers because of bribery or the effect on the country’s economy. Drugs often cross international borders in order to reach the best paying customers. The massive profits inherent to the drug trade serve to extend its reach. The social consequences of drug trade include crime, violence, and social unrest.

Arms

Arms trafficking involves illicit transfers of arms, ammunition, and associated materials. Criminal organizations may be involved in two types of arms trafficking:

Small-scale transactions by individuals or small firms that deliberately transfer arms to illicit recipients.
Higher-value or more difficult illicit shipments of arms involving corrupt officials, brokers, or middle men motivated mainly by profit.

Arms trafficking is driven by a variety of clients, which include—

Embargoed governments.
Armed groups involved in war, banditry, terrorism, or insurgency.
Criminals and criminal organizations.
Citizens who cannot obtain guns legally.

Some arms and ammunition may come from illicit arms manufacturers. However, the source of a large proportion of illicit conventional arms is government disposals of surplus arms or thefts from insecure government stockpiles. Governments themselves may deliberately facilitate covert flows of arms to their proxies or allies, or to embargoed or suspect destinations for profit.

Arms trafficking is widespread in regions of political turmoil. However, it is not limited to such areas. Most arms trafficking occurs at the regional or local level. Among the most common forms are numerous shipments of small numbers of weapons that, over time, result in the accumulation of large numbers of illicit weapons. While individual transactions occur on a small scale and do not draw attention, the sum total of weapons trafficked is large.

Cyber Crime

Cyber crimes are offenses targeting or using information technology. This includes computers, computer networks, and other telecommunication networks such as the Internet (chat rooms, emails, notice boards, and groups) and mobile phones. Such crimes may threaten not only individuals and groups but also a nation’s security and financial health. Cyber crimes can facilitate a variety of other criminal activities, including money laundering, extortion, fraud, racketeering, gambling, smuggling, and trafficking.

Criminals exploit the speed, convenience, and anonymity that modern technologies offer in order to commit a diverse range of criminal activities. The global nature of the Internet allows criminals to commit almost any online illegal activity anywhere in the world. In the past, cyber crime has been committed by individuals or small groups of individuals. However, an emerging trend is for criminal networks and criminally minded technology professionals to work together and pool their resources and expertise.

Cyber crimes include network intrusions, hacking attacks, malicious software, and account takeovers leading to significant data breaches affecting every sector of the world economy. Advances in computer and telecommunications technology and greater access to personal information via the Internet have created a virtual marketplace for transnational cyber criminals to share stolen information and criminal methodologies. The increasing level of collaboration among cyber criminals raises the level of potential harm to individuals, companies, and governments. Members of online forums discuss cyber crime topics of interest. Criminal purveyors buy, sell, and trade—

Malicious software.
Hacking services.
Spamming devices.
Personal identification information.
Credit and debit card data.
Bank account information.
Brokerage account information.
Counterfeit identity documents.
Other forms of contraband.

Cyber crime falls into two broad categories:

Computer crimes.
Intellectual property crimes.

Computer Crimes

Computer crime refers to any crime that involves a computer or computer network. The computer or network may be the target, or it may be used in the commission of a crime, the primary target of which is independent of the computer network or device.

Crimes Targeting Computers

Criminals can cause damage to computers in many ways. For example, an unauthorized intruder can send commands that delete files or shut the computer down. Intruders can initiate a denial-of-service attack that floods the victim computer with useless information and prevents legitimate users from accessing it. A virus or worm can use up all of the available communications bandwidth on an agency or corporate network, making it unavailable to employees. When a virus or worm penetrates a computer’s security, it can delete files, crash the computer, install malicious software, or do other things that impair the computer’s integrity.

Extortion threats involving damage to a computer are a high-technology variation of old-fashioned extortion. Intruders may threaten, unless their demands are met, to—

Penetrate a system and encrypt or delete a database (erasing or corrupting data or programs).
Distribute denial-of-service attacks that would shut down (or slow down) the victim’s computers.
Steal confidential data.

The threat need not be sent electronically.

Crimes may involve intercepting or interfering with communications through the use of electronic, mechanical, or other devices. This applies to electronic communications as well as oral and wire communications via common carrier transmissions. This may involve—

Spyware or intruders using packet sniffers.
Persons improperly cloning email accounts.
Other surreptitious collection of communications from a victim’s computer.

The crime may extend to the unauthorized disclosure of the contents of an illegally intercepted communication or using such information for other criminal purposes. Such crimes may also injure or destroy various types of communication operated or controlled by a government or used for a state’s military or paramilitary functions.

Crimes Using Computers

Crimes using computers or facilitated by computers include—

Unauthorized access to computers (even government computers and perhaps law enforcement).
Unauthorized access to stored communications (including email, social networking data, and voicemail).

Two of the most common uses are for—

Fraud (computer fraud and wire fraud).
Identity theft.

Fraud. Computer fraud is the use of information technology to commit fraud. Criminals may devise various schemes or artifices to obtain money, property, goods, or services of measurable value. These include—

Accessing a computer without authorization to obtain—
Commercial data.
Information contained in a financial record of a financial institution.
Information contained in a file of a consumer reporting agency on a customer.
Information from any government department or agency.
Information from a protected computer.
Accessing without authorization a government, commercial, or personal computer and affecting the use of the owner’s operation of the computer.
Accessing a protected computer with the intent to defraud and thereby obtain anything of value.
Causing the transmission of a program, information, code, or command that causes damage to a computer system, personal injury, or a threat to public health or safety.
Trafficking in passwords or similar information through which a computer may be accessed without authorization.
Manipulating market data for criminal purposes.
Data or information or even the use of a computer can be regarded as a thing of value.

Computer fraud can also fall under the more general category of wire fraud. In what is considered wire fraud, criminals may use fraudulent pretenses, representations, or promises transmitted by various means of telecommunication, including—

Wire.
Radio.
Television.
Mobile phone.
Facsimile.
Telex.
Modem.
Internet.

Money mule schemes could be categorized as computer or wire fraud. In such schemes, criminals trick people into moving money for them. Through Internet phishing, criminals can steal money from unsuspecting people by accessing their accounts. The phishers then face the problem of moving the large sums of money acquired from the victims to their own accounts, often in other countries, without attracting suspicion. Traditionally, drug smugglers have used people (referred to as mules) willing to carry small amounts of drugs across borders for them for a price. In a variant of this scheme, phishers recruit innocent people in the countries where their victims reside by offering them a lucrative job using their home computers. Those recruited are usually unaware that these are not legitimate business opportunities. Thus, phishers can dupe a large number of individuals (called money mules) into accepting relatively small amounts of money stolen from people’s accounts and transferring the funds to the phishers in return for a commission.

Identity Theft. Identity theft is almost always committed to facilitate other crimes. It involves unauthorized transfer, possession, or use of a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity. Most commonly, it involves the misuse of another individual’s personal identifying information for fraudulent purposes. With relatively little effort, an identity thief can use this information to take over existing credit accounts, create new accounts in the victim’s name, or even evade law enforcement after the commission of a violent crime. Identity thieves also sell personal information online to the highest bidder, often resulting in the stolen information being used by a number of different perpetrators. Personal information can also be obtained for the purpose of blackmail or other forms of extortion.

Criminals can obtain credit and debit card numbers by hacking into the wireless computer networks of major retailers. Network intrusions can compromise the privacy of individuals if data about them or their transactions resides on the victim network. Once inside the networks, criminals install “sniffer” programs that capture card numbers, as well as passwords and account information. After collecting the data, they conceal it in encrypted computer servers that they control. Then they sell the credit and debit card numbers through online transactions to other criminals. In addition to these “carders,” there are “phishers,” who obtain the same type of information via fraudulent emails.

The unlawful use of identification information can involve access device fraud. Such fraud can include any device, number, or other means of account access that can be used to obtain money, goods, services, or other things of value. It can also involve unlawful access to buildings or facilities.

Intellectual Property Crimes

Intellectual property crimes involve theft of material protected by copyright, trademark, patent, or trade-secret designation. Such intellectual property is vital to local, national, and international economies.

The interconnected global economy creates unprecedented business opportunities to market and sell intellectual property worldwide. Geographic borders present no impediment to international distribution channels. If the product cannot be immediately downloaded to a computer, it can be shipped and arrive by next day air. However, the same technology that benefits rights-holders and consumers also benefits intellectual property thieves seeking to make a fast, low-risk profit. In addition, trafficking in counterfeit merchandise also generates large profits.

The most egregious violators are large-scale criminal networks and transnational criminal organizations whose conduct threatens not only intellectual property owners but also the economy of nation-states. Because many violations of intellectual property rights involve no loss of tangible property and do not require direct contact with the rights-holder, the owner often does not even know that it is a victim for some time.

Intellectual property crimes can overlap with computer crimes, especially in the following areas:

Unauthorized access of a computer to obtain information.
Mail or wire fraud (can include the Internet).
Devices to intercept communications.

Unauthorized obtainment of information or electronic media covered by copyright, trademark, patent, or trade-secret designation robs the rights-holders of their ideas, inventions, and creative expressions. Such theft is facilitated by digital technologies and Internet file sharing networks.

Although fraud schemes can involve copyrighted works, it is not mail or wire fraud unless there is evidence of any misrepresentation or scheme to defraud. Mail and wire fraud may exist, even if the perpetrator tells his direct purchasers that his goods were counterfeit, as long as he and his direct purchasers intended to defraud the direct purchaser’s customers. Wire fraud can include the Internet.

Intellectual property crimes may involve intercepting and acquiring the contents of communications through the use of electronic, mechanical, or other devices. Criminals may then market the contents of an illegally intercepted communication, including intellectual property.

Money Laundering

A criminal organization conducts money-laundering activities to transfer funds into the legitimate international financial system. Because of the legal restrictions levied by a governing authority, the organization must have a way of transferring “dirty” (illegally earned) money into “clean” money. The organization smuggles some currency back to its country of origin. However, large sums of foreign currency are not feasible for the organization because it must use the legal currency of its country to make transactions. For example, a farmer cannot receive payment for his drug crops in the foreign currency because he would be unable to use it.

A more productive way to transfer funds into the legitimate financial system is to operate through front companies. Front companies are legitimate businesses that provide a means to launder money. The criminal organization establishes its own front companies or approaches legal companies to act as intermediaries. Some front companies, such as an import or export business, may operate for the sole purpose of laundering money. Other companies (possibly targets of extortion) operate as profit-making activities and launder money as a service to the organization. Criminal organizations operate front companies in their own country, as well as in other countries.

Personnel involved in money laundering can include accountants, bankers, tellers, and couriers. Some are willing participants in the money-laundering process and accept bribes for their services. Extortion and intimidation keep unwilling members active in the process. Members of money-laundering organizations also establish and operate front companies.

Some members, such as accountants and bankers, perform their normal functions as in a legal business. However, they may conduct illegal acts on behalf of the organization. Because of banking regulations, members must conduct activities that do not draw attention to themselves. As an example, couriers deposit in bank accounts a level of funds small enough to avoid banking regulations. However, not all countries have such regulations, making it easier to launder large sums of money.

Couriers conduct many transactions with financial institutions. They travel from bank to bank making deposits or converting money into checks and money orders to prepare for smuggling activities. Money-laundering personnel may also use electronic fund transfers, which make tracking of illegal transactions much more difficult, especially when the country has lax banking laws.

Civic Actions

Criminal organizations conduct programs of patronage under the guise of civic actions. These programs are only indirectly intended to benefit the general populace. Rather, the main intent of the criminal organizations is to gain and maintain support, reward their supporters, and facilitate their continued activities. They may build a school, improve a road, or supply food and medicine. These projects benefit the local population because they improve the people’s quality of life and may improve their standard of living. For example, road building makes it easier to transport goods to market and creates jobs. Some of the jobs may be temporary, such as those in construction, while others may be permanent, such as those in education and clinics. Through its propaganda efforts, the criminal organization ensures that the population knows who is making the improvements.

Sometimes the criminal organization cooperates with an insurgent force to conduct civic actions. They do not cooperate for ideological reasons. Their sole purpose is to inhibit the governing authority’s ability to affect their activities by gaining the inherent security a grateful public can provide.

Information Warfare

Criminal organizations may have the resources to conduct a variety of information warfare (INFOWAR) activities (see appendix A). However, their focus is often on a well-orchestrated perception management (propaganda) effort. This can be a powerful tool for intimidating enemies (governing authority and criminal competitors) and encouraging support of the organization’s money-making efforts. The use of perception management techniques can ensure that the population knows who is making improvements in the local environment and allow the organization to take credit for other benefits it provides to the local population.

The criminal organization can also use counterpropaganda to spin events against the governing authority. For example, the government may burn a farmer’s drug-producing crop and then broadcast announcements that the action is a direct result of the farmer’s involvement with an illegal activity. However, the criminal organization can counter this by instilling the idea that the governing authority does not have programs to help the farmer make profits legally and reminding the populace of the new medical clinic it built.

Various elements of INFOWAR can also be instrumental in other criminal activities. For instance, perception management and deception are related to fraud, including computer fraud. Information attack and computer warfare are parts of cyber crime.

Terrorism

Terrorism is always illegal, whether conducted by insurgents, guerrillas, or criminals. When conducted by regular military forces or other agencies of a nation-state (perhaps in the form of ethnic cleansing or confiscation of private property), other states can consider it illegal by international standards. For criminal organizations, terrorism becomes an action against an adverse governing authority, a criminal competitor, or an innocent populace. (See chapter 6 for more information on terrorism.)

Note. Many of the tactics and techniques used by criminals and criminal organizations are the same as addressed for terrorism in chapter 6. The only difference is that criminals may use these as means to obtain profits rather than just to instill fear or coerce governments and societies.