Europol Socta 2013 Report
Europol Socta 2013 Report
Europol Socta 2013 Report
March 2013
Acknowledgements
The EU Serious and Organised Crime Threat Assessment (SOCTA) is the product of systematic analysis of law enforcement information on criminal activities and groups affecting the EU. The SOCTA is designed to assist strategic decision-makers in the prioritisation of organised crime threats. It has been produced by Europols Operations Department, drawing on extensive contributions from the organisations analysis work file on serious and organised crime and external partners. Europol would like to express its gratitude to Member States, third countries and organisations, Eurojust and Frontex for their valuable contributions and input. Europol would like to extend special thanks to a number of academics who lent support with the development and implementation of the SOCTA Methodology. They are Dr Burkhard Aufferman, Professor Alain Bauer, Professor Michael Levi, Dr Xavier Raufer, Professor Fernando Reinares, Professor Ernesto Savona, Professor Dr Arndt Sinn and Professor Max Taylor.
Table of Contents
I. Foreword by the Director .................................................................................5 II. Introduction ..................................................................................................6 1. Key judgments ..............................................................................................8 2. Crime enablers ............................................................................................ 10
2.1 The economic crisis ............................................................................................. 10 2.2 Transportation and logistical hotspots ................................................................... 11 2.3 Diaspora communities ......................................................................................... 12 2.4 Corruption and the rule of law .............................................................................. 12 2.5 Legal business structures (LBS) and professional expertise ...................................... 12 2.6 Public attitudes and behaviour.............................................................................. 13 2.7 Profits vs. risks and ease of entry into markets ...................................................... 14 2.8 The internet and e-commerce .............................................................................. 14 2.9 Legislation and cross-border opportunities ............................................................. 15 2.10 ID theft and document fraud .............................................................................. 15
4. Organised crime groups ................................................................................ 35 5. Conclusions and future considerations ............................................................ 38 6. Recommended priorities................................................................................ 40 ANNEX I - The SOCTA Methodology .................................................................... 41 ANNEX II Comment by academic advisors ........................................................ 43 ANNEX III - List of Abbreviations ....................................................................... 45
II. Introduction
Serious and organised crime is a dynamic and ever evolving phenomenon. Although it is difficult to measure the exact size of illicit markets, evidence drawn from law enforcement activity in Europe suggests they are very large in both scale and impact. As the European Unions (EU) law enforcement agency, Europols mission is to support its Member States (MS) in preventing and combating all forms of serious international crime and terrorism. Its role is to help achieve a safer Europe for the benefit of all EU citizens by supporting EU law enforcement authorities through the exchange and analysis of criminal intelligence. A coherent and robust policy that promotes effective operational action is required to target the most significant criminal threats at a European level. In 2010, the EU established a multi-annual policy cycle 1 to ensure effective cooperation between Member States law enforcement agencies, EU Institutions, EU Agencies and relevant third parties in the fight against serious international and organised crime. From the formulation of strategic priorities through to operational action, the multi-annual policy cycle ensures that an intelligence-led approach guides the efforts aimed at tackling the major criminal threats facing the EU. The SOCTA is the starting point of this EU policy cycle. In this document Europol delivers analytical findings that will be used to establish political priorities, strategic goals and operational action plans. The Serious and Organised Crime Threat Assessment (SOCTA) is a strategic report. It identifies and assesses threats to the EU and analyses vulnerabilities and opportunities for crime. A customer requirements document and a new methodology were developed to support the production of the SOCTA 2013. Both documents were developed in cooperation with EU MS and Europols third partners and agreed upon by COSI (Standing Committee on Operational Cooperation on Internal Security) 2. The policy cycle will last for four years and consists of four key steps: Step 1: SOCTA the Serious and Organised Crime Threat Assessment, developed by Europol delivers a set of recommendations based on an in-depth analysis of the major crime threats facing the EU. Step 2: Policy-setting and decision making- The Council of Justice and Home Affairs Ministers uses the recommendations of the SOCTA to define its priorities for the next four years. MASP - Multi-Annual Strategic Action Plans will be developed from the priorities in order to define the strategic goals for combating each priority threat (2013). These projects will set out yearly operational action plans (OAPs) to combat the priority threats. The first plans will be developed during 2013 to become operational in 2014. Step 3: Implementation and monitoring of annual OAPs on the basis of the MASPs using the framework of EMPACT (European Multidisciplinary Platform against Criminal Threats). COSI invites the relevant MS and EU agencies to integrate the actions developed in the OAPs into their planning and strategy. Step 4: Review and assessment the effectiveness of the OAPs and their impact on the priority threat will be reviewed. In the meantime, Europol continuously engages in horizon scanning to identify new threats and trends. In 2015, an interim threat assessment (SOCTA) will be prepared by Europol to evaluate, monitor and adjust (if required) the effort in tackling the priority threats. In the interim period (2010-2013), prior to the full policy cycle of 2013-2017, an initial, reduced cycle was initiated. The 2011 OCTA (Organised Crime Threat Assessment) provided the basis on which Council agreed eight priorities for 2011-2013. These were translated into
Council of the European Union, Council conclusions on the creation and implementation of a EU policy cycle for organised and serious international crime, 3043rd JUSTICE and HOME AFFAIRS Council meeting, Brussels, 8 and 9 November 2010. 2 COSI, the Standing Committee on Operational Cooperation on Internal Security, is an EU Council body with a mandate to facilitate, promote and strengthen the coordination of EU States operational actions in the field of internal security.
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strategic goals, and eight EMPACT projects were launched to coordinate ongoing action by Member States and EU organisations against the identified threats. The eight EMPACT projects decided upon in 2011 were: West Africa, Western Balkans, Facilitated illegal immigration, Synthetic drugs, Smuggling in shipping containers, Trafficking in human beings, Mobile (Itinerant) Organised Crime Groups and Cybercrime. This SOCTA provides a list of recommended priorities focusing on effectively combating serious and organised crime in the EU for the period 2013-2017.
1. Key judgments
There are an estimated 3600 organised crime groups 3 (OCGs) active in the EU. These groups are becoming increasingly networked in their organisation and behaviour characterised by a group leadership approach and flexible hierarchies. International trade, an everexpanding global transport infrastructure and the rise of the internet and mobile communication have engendered a more international and networked form of serious and organised crime. There is an increased tendency for groups to cooperate with or incorporate into their membership a greater variety of nationalities. This has resulted in an increased number of heterogeneous groups that are no longer defined by nationality or ethnicity. Serious and organised crime is fundamentally affected by the process of globalisation with none of the crime areas or criminal groups insulated from the changes involved. Criminals act undeterred by geographic boundaries and can no longer be easily associated with specific regions or centres of gravity. Despite this, ethnic kinship, linguistic and historical ties still remain important factors for building bonds and trust and often determine the composition of the core groups controlling larger and increasingly diverse criminal networks. The economic crisis and resulting changes in consumer demand have led to shifts in criminal markets. Many OCGs are flexible and adaptive and have identified and exploited new opportunities during the economic crisis. Reduced consumer spending power has inspired counterfeiters to expand into new product lines. Commodity counterfeiting, illicit trade in sub-standard goods and goods violating health and safety regulations are major emerging criminal markets in the EU. In addition to the traditional counterfeiting of luxury products, OCGs are now also counterfeiting daily consumer goods. The distribution and production as well as the increasing demand and consumption of these goods pose a serious threat to EU citizens. OCGs are increasingly flexible, engaging in multiple forms of criminality. Criminals capitalise on new opportunities in order to generate profit, especially when they are able to use existing infrastructures, personnel and contacts. This is particularly true for groups involved in the transportation and distribution of illicit commodities. OCGs will also expand their enterprises into other supporting or associated activities. International trade routes and the freedom of movement within the EU enable OCGs to avoid law enforcement activity or circumvent competing OCGs controlling a particular route. There has been a shift in trafficking routes across a number of commodities. Heroin traffickers trying to avoid Turkish groups now also traffic via East and South Africa or ship their product directly to the EU via Pakistan or the UAE (United Arab Emirates). Victims of trafficking in human beings (THB) are increasingly trafficked within the EU by OCGs exploiting the free movement of people within the Schengen zone. The market for illicit drugs remains the most dynamic among the criminal markets. This crime area features the highest number of OCGs involved and has seen the increasing proliferation of new psycho active substances (NPS) as well as increased competition between OCGs. 30% of all identified OCGs are involved in drug trafficking. The illicit drugs market is by far the most poly-criminal market and has also seen increased collaboration, but also competition, between OCGs across national, linguistic and ethnic divisions. A further diversification of the routes has led to the reallocation of criminal resources and to more widespread organised crime all over the EU. Meanwhile, OCGs originating from the EU are now producing synthetic drugs in Africa and Asia. Economic crimes and fraud in particular have emerged as more significant organised crime activities. OCGs are involved in a wide range of frauds generating very high levels of profit. Although fraud is often perceived as a victimless crime, it causes significant harm to society and losses of billions of Euros per year for all EU MS. Fraud is largely facilitated by the
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availability of enhanced communication and technological tools in which individuals and companies are increasingly targeted online. The internet enables OCGs to access a large pool of victims, obscure their activities and carry out a diverse range of criminal acts in a shorter period of time and on a much larger scale than ever before. The spread of the internet and technological advances have caused significant shifts in crime areas and the pattern of criminal activity. The proliferation of internet access in Africa and Asia is creating additional opportunities and spaces for OCGs targeting public and private parties in the EU. Cybercrime in the form of large scale data breaches, online frauds and child sexual exploitation poses an ever increasing threat to the EU, while profit-driven cybercrime is becoming an enabler for other criminal activity. A large population of mobile young people in Africa, the Middle East and East Asia lacking employment opportunities in their countries of origin helps to sustain the current migration flows to the EU. OCGs will continue to exploit this development by offering facilitation of illegal immigration and engaging in trafficking in human beings (THB). Serious and organised crime (SOC) has a significant impact on the growth of the legal economy and society as a whole. The investment of criminal proceeds and trade in illicit commodities reduces MS budgets through tax avoidance and strengthens criminal enterprises run by or associated with OCGs.
2. Crime enablers
Crime enablers are a collection of Crime-Relevant Factors (CRF) that shape the nature, conduct and impact of serious and organised crime activities. CRF affect crime areas and the behaviour of both criminal actors and their victims. They include facilitating factors and vulnerabilities in society creating opportunities for crime or crime-fighting. They are the instruments by which serious and organised crime operates and are common to most areas and most groups. Certain enablers are particularly relevant for multiple crime areas and provide opportunities for different OCGs in their various activities. These horizontal crime enablers include the economic crisis, transportation and logistical hotspots, diaspora communities, corruption, legal business structures (LBS) and professional expertise, public attitudes and behaviour, risks and barriers of entry to criminal markets, the internet and e-commerce, legislation and cross-border opportunities, identity theft and document fraud and violence.
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launderers handling criminal proceeds. The UAE is also a source, transit and storage area for cigarettes and counterfeit goods destined for the EU. Africa is an important transit region for cocaine, which enters the EU via the Iberian Peninsula. Traditionally West Africa was the most prominent transit area, however, East and southern African nations, are becoming increasingly important.
business
structures
(LBS)
and
professional
OCGs exploit various LBS and professional experts to maintain a faade of legitimacy, obscure criminal activities and profits, and to perpetrate lucrative and complex crimes. LBS allow OCGs to operate in the legal economy and enable them to merge legal and illegal profits. There is a marked criminal sophistication, resourcefulness and innovation displayed by OCGs in the use of LBS and the possible convergence of interests and links among criminal and business actors is of growing concern. OCGs are likely to increasingly use LBS in pursuit of their criminal objectives in the future.
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Criminal groups own or establish LBS, infiltrate existing LBS unknowingly or persuade executives to co-operate with them using bribes or threats. The abuse of LBS is often linked to financial crimes such as tax evasion, VAT fraud, commercial fraud, counterfeiting, smuggling, and money-laundering. However, the use of LBS also features in modi operandi related to facilitation of illegal immigration and THB for sexual or labour exploitation. OCGs are active in numerous sectors and use any type of LBS including companies mainly operating with cash, manufacturing companies, import-export, transport and distribution businesses as well as service providers like travel agencies, taxi companies, hotels, motels or bars. Some OCG owned businesses operate as shell companies with no obvious commercial activity. In other cases, criminals seek out successful businesses, which are well placed in the market. OCGs strive for market domination through their control of LBS and create conditions of unlawful competition, which makes it difficult for legitimate companies to enter certain markets. Legally operating companies may also actively seek cooperation with OCGs to generate additional profit. In some cases, the complexity and sophistication of operations involving LBS makes it very difficult to distinguish between criminal and non-criminal activities. Members of criminal groups associate themselves with LBS and appear in a variety of professional roles such as owners, executives, managers, representatives or workers. Ownership of legal entities allows criminal groups control over company workers and assets. Company workers are not necessarily aware that their company is being controlled by OCGs. Criminal actors can be directly involved in the running of businesses or choose to remain in the background. In the latter case, OCGs use intermediaries as fictitious owners or directors to control LBS. The availability of legal, financial and other expertise allows OCGs to engage in more complex and lucrative enterprises. OCGs make use of different experts both on a permanent basis and ad hoc for specific tasks predominantly for financial crimes. Many of the skills and services sought by OCGs are offered by otherwise legitimate professionals such as business people/financial experts, specialised lawyers and accountants. Experts are crucial to the setting up of vast networks of existing and specifically created businesses through which money can be laundered.
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victims remotely, anonymously, from overseas locations and with false or hijacked identities. These factors make it increasingly difficulty to detect and prosecute cases of fraud. OCGs also use the internet to directly target the financial sector and secure products and services to facilitate their criminal activities.
birth certificates, invitation letters, marriage certificates to legalise illegal stay; or asylum cards to obtain work permits. Professional document forgers may offer their clients different documents combined in a package. Any kind of identity document and any other type of document can be purchased on the internet. The nature of document forgery is changing in light of increasingly sophisticated security techniques protecting documents. Identity and immigration documents are becoming more difficult to forge, for example, due to the use of biometric information. This has resulted in an increased demand for specialist forgers and stolen documents.
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About one third of all organised crime groups in the EU are involved in the production and distribution of illicit drugs. The EUs multi-billion drug markets continue to be highly competitive and very profitable for organised crime. Poly-drug trafficking is no longer just a trend, but already a common approach chosen by OCGs active in the EU.
Harm
Drugs production and trafficking are among the most profitable types of organised crime. Violence, public health issues, a high number of deaths and feelings of insecurity are all linked to the trade in drugs. Prevention and harm reduction campaigns cost millions of Euros to MS. OCGs continue to strive to minimise costs during the drug production process, which entails serious risks for drug users. Synthetics and new psychoactive substances (NPS) are produced in complex processes lacking control mechanisms; low quality products are used as precursors for synthetics or cutting agents for heroin; pesticides and insecticides are intensively used to maximise cannabis harvest yields.
Heroin
Despite a moderate decline in consumption levels, heroin trafficking remains a threat A further diversification of heroin trafficking routes is underway Acetic anhydride, a key component in the heroin production process, is largely manufactured in the EU OCGs of Albanian, Pakistani and Turkish origin dominate the trafficking in heroin There is increased collaboration between OCGs across linguistic and ethnic divisions
The value of the European opiates market has been estimated at approximately EUR 12 billion. 4 The UK, Italy, France and Germany account for more than half of the European market
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in heroin. 5 Overall heroin use appears to be on a moderate decline, while the heroin market remains relatively stable. 6 Significant seizures over the last decade have confirmed Europe as an important source for precursors (acetic anhydride). Available information suggests the involvement of only a limited number of OCGs, but these groups appear to be very well organised and efficient.
Future considerations
An increase in heroin consumption regions in some regions in Africa may lead to a further diversification of the routes as well as an increased and changing role for African groups in the trafficking of heroin to the EU. The Russian and Ukrainian heroin markets are already larger than the EU market and their significance determines some supply routes to the EU. Some heroin is already smuggled via the Central Asian republics and the Russian Federation, mostly to Latvia and Lithuania, but also to other European countries. While demand for heroin in the EU is showing a moderate decline, resurgence in Afghani heroin production, a further diversification of routes and the potential flow of heroin precursors from the EU to Afghanistan indicates that heroin trafficking will remain a threat.
Cocaine
Cocaine remains one of the most popular mass consumption drugs of choice The main entry and distribution points for cocaine trafficked from Central and South America are major ports in North West Europe, the Iberian Peninsula and on the Black Sea Colombian groups no longer have a monopoly on cocaine trafficking, Mexican cartels are emerging as traffickers to European markets Increasing numbers of OCGs use sophisticated trafficking and concealment methods and improved techniques of materials incorporation of cocaine into other
With 4 million users 7 consuming 124 tons of cocaine annually, 8 cocaine is the second most commonly used drug in the EU after cannabis and Europe remains one of the largest cocaine markets in the world. 9 Recent data show signs of an overall stabilisation in the level of consumption of cocaine with a moderate decline in some MS. European OCGs play an increasingly important role in the import of cocaine on a large scale and some of these OCGs now act as important brokers, working directly with suppliers. Concerns have been raised that cocaine shipments remain undetected due to their incorporation into other materials. Secondary extraction labs have been identified in Spain, the Netherlands, Poland, Greece and Moldova.
5 6 7 8 9
UNODC Transnational Organized Crime Threat Assessment (TOCTA) 2009 EMCDDA Annual Report 2012 EMCDDA & Europol EU Drug Markets Report 2013 UNODC World Drug Report (WDR) 2011 EMCDDA & Europol EU Drug Markets Report 2013
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Future considerations
The variety of routes and transport methods and the emergence of concealment methods used present significant challenges to law enforcement agencies. Colombian groups no longer have a monopoly on the cocaine market, providing opportunities for OCGs from other countries to directly target the EU market and for EU groups to trade further upstream than they had previously been able to. The emergence of groups originating from Mexico and Nigeria may result in some volatility in the drugs market as competing groups vie for dominance.
Cannabis
High demand sustains a diversity of suppliers and routes Cannabis resin is increasingly imported from Afghanistan via the Balkan route The violence between OCGs involved in trafficking cannabis is increasing
Cannabis is the most widely used drug in Europe. It is estimated that around 1300 tons of cannabis resin and 1200 tons of herbal cannabis are consumed annually in Europe by an estimated 23 million cannabis users. 10 The market share of herbal cannabis is further increasing across the EU as domestically grown cannabis partially replaces imported resin. Indoor cultivation accounts for most of the herbal cannabis produced in the EU. Morocco remains the most important producer and exporter of cannabis resin to the EU and as a result Spain is still an important entry and distribution centre for the EU. However, Moroccos significance for the European cannabis market is declining as the supply from Afghanistan is increasing. Organised crime is increasingly involved in the production and distribution of cannabis. More criminal distribution networks are shifting markets and change from cocaine and heroin trafficking to cannabis due to the low risks and high profits involved.
Future considerations
The Netherlands is likely to remain the most important source country for seeds and cuttings as well as growing technologies and knowledge. Increased demand and production in other regions in and outside the EU may lead to increased competition between OCGs, changes in trafficking routes and more poly-commodity trafficking. The cannabis market will remain large and complex with no anticipated decrease in demand. OCGs will continue to play a key role in the cultivation and illegal trafficking of various cannabis products.
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OCGs in the Netherlands and Belgium remain the key producers and distributors of synthetic drugs. Other countries such as Germany, Estonia, Bulgaria, Lithuania, Poland and Nordic countries (Denmark, Finland, Iceland, Norway, Sweden) are home to the small- to mid-scale production of synthetics. The vast majority of the drugs produced in the EU are destined for EU markets. Drugs for the EU market are also produced in West Africa and the Russian Federation. Dutch, Belgian, British, Lithuanian and Polish OCGs work together to dominate the flow of synthetic drugs in the EU, from sourcing the precursors to distribution of the final product. OCGs based outside of the EU, including Russian- and Albanian-speaking groups, are increasingly trying to enter the synthetic drugs market in different MS. A shift to the use of non-controlled pre-precursors, a start substance for the synthesis of precursors, to overcome the reduction in supply of traditional precursors since 2011 appears to have increased the availability of both amphetamine and MDMA (3,4-methylenedioxymethamphetamine). China remains the main source of precursors and pre-precursors. However, India and Thailand are also sources for the substances used in the conversion process, albeit to a lesser extent. In 2012, the EUs early warning system reported the appearance of more than 70 NPS. NPS currently constitute a relatively small share of the illicit drugs market, but lower prices, increased availability and quality are likely to attract more users to NPS.
Future considerations
Differences in legislation and law enforcement focus have diverted the supply routes for preprecursors and NPS. Increased control and strict legislation in MS could prompt the diversion of distribution routes and the relocation of production sites of synthetic drugs. Western, northern and eastern Africa are likely to become increasingly attractive locations to producers of synthetics due to improved transport links with profitable markets in Europe, new local market opportunities and inexpensive labour. Increased competition from Russian-speaking criminals and between different suppliers of synthetic drugs may result in violent conflict between OCGs. The involvement of organised crime in NPS production is still limited; however, low risks and high profits will attract organised crime to this developing and rapidly expanding market.
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3.2 Counterfeiting Commodity counterfeiting, illicit trade in sub-standard goods and goods violating health and safety regulations
Low risks and high profitability increasingly attract OCGs to the illicit trade in sub-standard goods and goods infringing intellectual property rights The number of seized counterfeit health and safety products is continuously increasing Counterfeit health products are predominantly distributed via illicit online pharmacies, but in some cases counterfeit products also infiltrated the legitimate supply chain Counterfeit goods are increasingly produced in EU MS
In 2011, the domestic retail value of articles infringing intellectual property rights (IPR) seized at EU borders was over EUR 1.2 billion compared to EUR 1.1 billion in 2010. 11 There has been a sharp increase in the amount of seized counterfeit health and safety products. This product category, which includes foods and beverages, body care articles, medicines, electrical household items and toys, accounts for 28,6% of all goods seized in 2011, compared to only 14,5% in 2010. 12 There is high social tolerance towards the purchase of counterfeit goods. The OCGs involved in recent counterfeiting cases were also known for their previous activity in other crime areas and are likely to have shifted their focus to take advantage of the low-risk high-profitability nature of counterfeiting. Often resources and machinery required for the production of counterfeit clothes and accessories are easily accessible. The necessary technology and knowledge as well as suitable suppliers for most production lines can easily be found on the internet.
Harm
The economic impact of counterfeiting is high. Counterfeit goods not only cause losses of billions of Euros in unpaid duties and taxes, but also reduce the sales volume, profits and investments of legitimate businesses. This removes incentives for investment in research, development and innovation. Private companies are also legitimately concerned about reputational damage to their brands. Counterfeit products cause significant harm to the health and safety of consumers and even cause fatalities. Counterfeit medicines can prevent effective treatment, exacerbate existing conditions and diseases. Luxury goods can contain toxic substances. Harmful levels of formaldehyde were found in counterfeit clothes and analysis of counterfeit running shoes revealed illegal amounts of phthalates and mercury. Counterfeit toys and electronic goods have also been withdrawn from the EU market.
European Commission Taxation and Customs Union Report on EU Customs enforcement of intellectual Property rights Results at the EU border 2011 12 European Commission Taxation and Customs Union Report on EU Customs enforcement of intellectual Property rights Results at the EU border 2011
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Counterfeit goods also have a significant environmental impact. For instance, counterfeit pesticides contain many untested active substances which may contaminate soil and surface water. Counterfeit pesticides, mainly from China, have the potential to cause serious damage to the environment and significant harm to the end consumer.
Future considerations
Trading in counterfeit products is a relatively low risk activity, involving minimal penalties whilst providing high profits, and will increasingly attract OCGs previously involved in other crime areas. Counterfeiters take advantage of the economic crisis to expand their business and diversify their product range. Counterfeited products will increasingly include daily consumer goods and counterfeit pharmaceuticals. The production of counterfeit goods within the EU will further increase as OCGs seek to avoid the initial barrier of EU customs and border controls. There is high social tolerance towards the purchase of counterfeit goods including luxury items such as hand bags and sun glasses. Despite a low social tolerance for counterfeit pharmaceutical goods, the demand for counterfeited goods in general will remain buoyant.
Euro counterfeiting
The majority of counterfeit euro banknotes are produced by only a small
number of illegal print shops Digital print shops printing counterfeit euro notes are becoming more common
In 2012, a total of 575 510 counterfeit euro banknotes and 188 323 counterfeit euro coins were seized. 13 Compared with 2011, this represents a decrease in terms of quantity and value of counterfeit euro banknotes and an increase of about 15% in the total number of counterfeit coins. Euro counterfeiting however has also seen an evolution towards easily available hologram emulations and more deceptive counterfeits.
Future considerations
The global acceptance of the Euro as a stable currency with low exposure to inflation is prompting the emergence of an increasing number of print shops counterfeiting euro banknotes outside of the Eurozone, specifically with a concentration in South America. The enlargement of the Eurozone will create new opportunities for OCGs. Differing legislation relating to money counterfeiting across MS will continue to have an impact on the capabilities of OCGs. In addition to international cooperation between law enforcement bodies, cooperation between law enforcement authorities and the private sector, including banks, can successfully hamper the distribution of counterfeit euros.
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OCGs increasingly offer facilitation services involving the abuse of legal channels, which enables irregular migrants to enter the EU or to legalise their residence status within the EU after their arrival. OCGs are adept at exploiting weaknesses and loopholes in asylum legislation and facilitators instruct irregular migrants to follow an established modus operandi. There is a strong link between the origins of facilitation networks and the nationality of the migrants they facilitate. This also explains the variety of OCGs involved in this crime area. In response to the increased difficulty in forging visa documentation, OCGs have moved to forging or falsely obtaining supporting documents such as birth certificates, education certificates and other documents in order to enable their customers to apply for and gain genuine visa.
Harm
Facilitated migrants can suffer severe physical, psychological and social harm. Over the past few years, there have been an increasing number of reports of migrants losing their lives during journeys. Attempts to cross the sea or blue borders are particularly dangerous and have claimed the lives of many migrants. Emerging facilitation techniques are very risky and include the clandestine entry in refrigerated vehicles and tankers or concealment in plastic bags sealed with tape. Some facilitators use violence to intimidate migrants. Upon arrival in their destination countries, migrants suffer further due to their illegal status and lack of access to public services such as education, housing and health care.
Future considerations
Facilitated illegal immigration is driven, to a large degree, by factors external to the EU and is not expected to decrease in the near future. The EU will remain an attractive destination for irregular migrants providing OCGs with a large pool of potential clients. Consequently, involvement in this crime area will remain a profitable
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business for OCGs. The abuse of legal channels will continue to increase and facilitators will attempt to identify additional loopholes and circumvent legislation in order to provide the most efficient and most profitable service. The forgery of identity and visa documents is an important tool used by OCGs in this crime area.
OCGs involved in trafficking in human beings service well established illegal labour and sex markets in all MS and especially in destination countries in Central and Western Europe. These markets generate huge profits for the OCGs involved, which are laundered, transferred and invested in source, transit and destination countries. The constant demand for services associated with sexual and labour exploitation and persistent socio-economic inequalities between the developed and developing world drive human trafficking. The increased observation of intra-EU trafficking confirms that all EU MS are markets for sexual exploitation. EU nationals are easily trafficked in the EU due to the freedom of movement realised by the Schengen Acquis and the combined low risk of identification and detection.
Harm
Trafficking in human beings affects all MS as source, transit or destination countries. Victims of THB suffer severe mental and physical harm as a result of labour and sexual exploitation. Labour exploitation results in a loss of income to MS and the reduction of jobs in the legitimate economy.
Future considerations
The Schengen area provides a comfortable operating area for traffickers in human beings and will continue to be exploited. The availability of young labourers and lack of employment opportunities in African, Middle Eastern and East Asian countries is likely to increase migration flows towards the EU. The removal of barriers to employment for all EU citizens across MS may create new markets for THB. Some sectors of the economy now rely on THB to provide workers, which find themselves in circumstances of sexual and labour exploitation. OCGs involved in THB will seek to exploit the strong demand and ready supply of migrants to recruit victims and service labour exploitation markets in prosperous MS.
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Organised crime groups continue to commit property crime across nearly all EU MS including organised vehicle theft, burglaries, armed robberies, metal theft and cargo theft. Relatively low punishments for most property crimes, their diversity and the fact that these crimes are often investigated at local level make them attractive to OCGs. Metal theft and the theft of copper in particular have become an important issue across EU MS in recent years. There has been an increase in the number of cargo thefts since 2011. OCGs involved in property crime tend to be highly mobile with relatively few individual members. OCGs select items to steal based on their resale value. Price fluctuations on the global market for materials such as copper and other metals determine the targets of organised property theft. OCGs target a variety of goods, some very specific, such as catalytic convertors, optical instruments, boat engines, works of art, according to market demand. Leaders of OCGs involved in organised burglaries and armed robberies often direct several teams conducting burglaries or robberies on private properties, businesses and shops in different areas to reduce the risk of law enforcement attention. Violence is used in few reported cases. MS have noted a rise in OCGs targeting vulnerable elderly persons. OCGs are highly resourceful in applying various forms of scams or deception thefts. With a growing population of elderly people in many MS, this is a particularly worrying development, which has the potential to expose an increasing number of people to victimisation. Metal theft and the theft of copper in particular have become an important issue across EU MS in recent years. This highly lucrative activity is facilitated by differences in legislation between various EU MS related to selling and processing scrap metal. Metal is often stolen in one MS and then sold in another. There is a stable or even declining trend in motor vehicle theft. However, there has been a recent increase in the thefts of heavy vehicles such as agricultural and building machines, buses and trailers, which are all in high demand in the Baltic states and the Russian Federation.
Harm
Whilst single offences against property are low level crimes, organised property crime carried out by dedicated OCGs tends to have a high visibility for the public. The economic impact of organised property crime includes increasing costs associated with enhancing the security of private and commercial properties as well as an increase in insurance premiums. The use of violence and weapons add to a general feeling of insecurity caused by property crimes. Metal theft is of particular concern, because it often results in the disruption of key services, such as telecommunications, rail networks or power, and has a serious impact on business, communities and individuals. In most cases the economic damage caused by metal theft by far exceeds the value of stolen metals.
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Future considerations
While the focus and geographical concentration of organised property crime are likely to change, this type of highly-mobile criminal activity, targeting relatively insecure victims and economic sectors on a widespread basis, will remain an important feature of the serious criminal landscape in Europe.
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There is a growing awareness that what has previously been considered as poor business practice within the financial sector may have been criminal. Widespread reckless investment, misrepresentation of financial statements and conspiring to manipulate inter-bank interest rates fall within the definition of serious and organised crime. The huge losses associated with high-level financial fraud undermine social security systems and destabilise economic systems clearly indicating a failure of self-regulation. MTIC fraud is a widespread criminal offence affecting many, if not all, EU MS. The perpetrators of MTIC fraud are present both inside and outside the EU. Activities related to MTIC fraud can be directed remotely using the internet. MTIC fraud deprives states of tax revenue required to make investments, maintain public sector services and service sovereign debt. The EU is yearly losing an estimated 100 billion Euros of MTIC income. Advance Fee Fraud is a mass marketing fraud in which criminal fraudsters convince victims that they will receive some form of benefit in the future in return for provisional payment. According to research by the European Commission, 38% of EU internet users have received a scam email, with 10% reporting that they receive them regularly. The low-risk and very high profitability nature of fraud makes it a highly attractive activity for OCGs. The chances of detection and prosecution of fraud are low due to the complexity of fraud investigations (including the need for international cooperation, especially when it comes to localise the place where the offence is committed, while using internet, which is one reason for police to be hesitant to accept a complaint). OCGs operating at an international level benefit from differences in national legislation. Individual and organisational vulnerabilities such as lack of victim awareness and low risk perception by many target groups are enabling factors for most types of fraud. System security is often lacking in private sector companies, partly due to outsourcing of administrative, maintenance and development tasks and partly due to the high costs of effective prevention measures.
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Information from both law enforcement sources and energy regulators in the EU warn of an emerging threat of MTIC fraud exploiting the electricity and gas markets following a scheme targeting carbon credit trading uncovered in recent years. Businesses trading on energy exchanges and transmission system operators are noticing increasing interest from companies with little experience in these markets, but eager to enter them as wholesale traders. This mirrors developments observed during the emergence of MTIC frauds with carbon credits, in which fraudsters managed to defraud large amounts of VAT and to almost monopolise carbon trading with 90% of the trading in CO2 credits driven by fraud. OCGs such as the Cosa Nostra and the Ndrangheta are already involved in alternative energy (wind and solar) and waste management businesses, which they use to launder profits.
Future considerations
Fraud is expected to expand. Multiple targets, for instance on the energy market, remain vulnerable and unprotected. New opportunities appear on a regular basis. Due to the high yield low risk character of frauds it is to be expected that more OCGs and criminals will be attracted to it. This is enforced by legislative complications when multiple jurisdictions are involved and technical developments exploited to help obscure the locations where frauds are committed and where the illegally obtained money and assets are transferred to. MTIC fraud does not disappear or diminish, but shows a clear tendency to reallocate geographically or shift from one sector to another.
Money laundering
Money laundering involves billions of Euros OCGs continue to use traditional methods of money laundering such as the use of shell companies and accounts in offshore jurisdictions Money launderers also increasingly make use of the internet and other technological innovations such as pre-paid cards and electronic money OCGs are adept at exploiting weaknesses such as Money Service Businesses (MSB), Informal Value Transfer Systems (IVTS) and countries with relatively weak border controls and anti-money laundering (AML) regimes Illicit financial services providers are emerging in the form of unsupervised payment platforms and banks
Money laundering is a global business and involves practitioners in every country dealing with vast sums of money. It is both a stand-alone offence, independent of predicate offences in legal and practical terms, and closely related to other forms of serious and organised crime. In addition to OCGs, there are also professional money launderers that perform money laundering services on behalf of others as their core business. The scale of money laundering is difficult to assess, but is considered to be substantial. The United Nations Office on Drugs and Crime (UNODC) estimates that the sum of money laundered globally amounts to between 2 and 5% of global GDP or between EUR 615 billion and EUR 1.54 trillion each year.
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Future considerations
Money laundering allows criminals to retain benefit from the criminal activities and remains an important issue. The increasing availability of financial products on the internet and illicit financial service structures, both inside and outside of the EU, provide additional opportunities for OCGs to launder money.
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Cybercrime 14 affects all MS and is linked primarily to financial fraud offences. According to research by the European Commission, 8% of internet users in the EU have experienced identity theft and 12% have suffered from some form of online fraud. In addition, malware affects millions of households and the general volume of banking fraud related to cybercrime is increasing year on year. Crucially, a number of MS have noted under-reporting of cybercriminal activity and some MS deem that only around 30% of certain cybercrimes, such as identity theft, is actually reported to law enforcement. Cybercrime has the potential to diminish the overall confidence of citizens in the online retail and banking sector. Loss of confidence in the security of e-commerce has a direct impact on the functioning of commercial entities. The process of infecting the devices of potential victims with malicious software or malware is a key component of the digital underground economy. Research by a Europe-based security company suggests that the global average for infection is around 38% of all machines in any given country. While extortion via malware is near universal in the EU, a number of MS also report cases of extortion via Distributed Denial of Service (DDoS). Phishing is also prevalent, particularly in relation to online banking fraud. Used both to elicit information directly from victims or as a means of infecting their devices, phishing appears to be a growing trend in the EU, with some MS reporting a marked increase in offences over the past two years. Cybercriminals are no longer focused solely on attacks against users to gain access to personal information but increasing attention is applied to the service providers. By hacking service providers criminals gain access to large volumes of data very quickly, which they can then retail in the digital underground economy. Payment card details gathered in this way directly facilitate the growth of card-not-present fraud. Although not commonly reported to law enforcement, breaches of systems which have connection to Critical National Infrastructure (CNI) are known to have occurred in the last years. The fact that these breaches have not resulted in physical injury probably reflects more a lack of intent than a lack of technical ability.
Future considerations
The volume of cybercrime offences looks set to increase in the future. This increase will closely mirror the growth of the attack surface, as the internet becomes even more essential to everyday life. In particular, the growth of mobile devices as the primary means of accessing internet resources will lead to a greater targeting of these devices by criminals. Malware affecting these devices has already been seen, although mobile botnets have not yet been fully realised.
14 For the purposes of the SOCTA, cybercrime comprises of both specific cybercrime offences such as hacking, phishing and malware, as well as internet enabled fraud. It does not include the distribution of copyright infringing material, although the internet remains the main method of accessing such material.
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The growing movement towards Bring Your Own Device (BYOD) in the corporate environment has major implications. The blurring of the boundary between company and private devices will potentially offer new opportunities for hackers to breach corporate environments and misuse - or hold hostage - the information within them. The mainstream adoption of processing in the Cloud is likely to present further challenges, in as much as consumers and corporate users will routinely access online resources using virtual computing environments with varying levels of personal data protection. More can be done to raise awareness amongst internet users of the potential impact of the ongoing expansion of Cloud computing on the security of personal and corporate data.
It is estimated that only between 6% and 18% of child abusive material is currently traded for money due to the wide availability of free material, especially via peer-to-peer (P2P) technology. New, and therefore more desirable, material is most likely to be exchanged in noncommercial environments, where new images and videos are traded as a currency in themselves. However, commercial distribution has not been completely eradicated. Some previously non-commercial distributors are switching to the commercial distribution of child abusive material, charging fees for privileged access to new material. The amount of video material depicting child sexual abuse available online has grown exponentially, due to innovations in video sharing technology and increased bandwidth, with serious resource implications for the analysis of video material and identification of previously unknown victims. The sexual exploitation of children causes serious physical and emotional trauma to its victims often resulting in lasting mental health issues and even suicide.
Future considerations
The threat of online child sexual exploitation is expected to increase in the coming years corresponding with higher levels of demand for new child abusive material, continued technological developments and more sophisticated offender security measures, and even greater internet adoption on a global scale. Offenders already use online storage in foreign jurisdictions, especially those in which possession of child abusive material (CAM) is not currently a criminal offence. However, the proliferation of video streaming will further enable offenders to access CAM without the need to actually download material.
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The widespread adoption of cloud computing and associated services is likely to present further challenges in the fight against online child sexual exploitation as previously employed investigative methods such as digital forensic analysis will prove ineffective. The use of services encrypting and anonymising online activity is expected to increase in the next few years.
Payment card fraud is a low-risk high-profit criminal activity which generates an annual income of around EUR 1.5 billion for OCGs in the EU. 15 MS have reported annual profits of millions of Euros for individual groups engaged in payment card fraud. Payment card fraud has a negative impact on the security and convenience of non-cash payments in Europe and has caused substantial losses to the EU economy. Many individuals are directly affected and incur significant financial losses due to payment card fraud. In 2011, around 60% of payment card fraud losses were caused by card-not-present (CNP) fraud and totalled EUR 900 million. In some MS, losses to CNP already outstrip those of skimming.
Future considerations
Anti-skimming measures and anti-tampering devices are likely to reduce skimming. However, the continuous increase of internet mediated payments is likely to be accompanied by more card-not-present frauds. OCGs will continue to find new ways of compromising non-cash payments. The rapid expansion in mobile payments and the emerging use of contactless (Near Field Communication) payments are providing OCGs with new opportunities for data theft and fraud. OCGs will invest in technical capacities and further develop social engineering methods to compromise both mobile and contactless means of payment.
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Europol Situation Report, Payment card fraud in the European Union, 2012
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Waste is trafficked internally within the EU on land routes and the well-developed port infrastructure in Europe facilitates the illegal trafficking in hazardous waste to third countries, especially in Africa and Asia. The trafficking in illicit waste can have a serious short- and long-term impact on the environment and societies as a whole. The environmental impact manifests itself in increasing levels of pollution, a degradation of wildlife, a reduction in biodiversity and the disturbance of ecological balance. Illicit waste disposal puts public health at risk. The damage caused by environmental crime can also result in costly restoration efforts.
Future considerations
The current economic crisis is driving companies to cut costs associated with the production process and may encourage the use of OCGs offering illicit waste trafficking and disposal services.
The EU remains one of the most important markets for the trafficking in endangered species. Trafficking activity often involves rhino horn, elephant ivory and birds of prey and is substantial. OCGs increasingly target wildlife covered by the CITES Convention due to increasing demand for the rarest and most valuable specimen in flora and fauna. The groups involved in TES are innovative in obtaining their products. For instance, OCGs steal rhino horn in exhibition halls, museums, during sight-seeing tours in castles or during auction sales.
Future considerations
A perception of low risk and high profitability associated with this crime area is likely to continue to attract interest from OCGs.
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OCGs often rely on the availability of weapons to carry out their activities. However, the market for firearms in the EU remains modest in size. Trafficking occurs on a small scale and the weapons trafficked are intended for either personal use or to meet specific orders. The data collected for the SOCTA 2013 do not indicate an increase in the trafficking of heavy firearms. Weapons trafficking is almost exclusively a supplementary rather than primary source of income for the small number of OCGs involved in this crime area. Most groups enter the weapons trafficking business through other criminal activity, which may offer contacts, knowledge of existing routes and infrastructure related to the smuggling of weapons. The weapons and OCGs involved in weapons trafficking primarily originate from the Western Balkans and the former Soviet Union. Outlaw Motorcycle Gangs are also involved in the trafficking of weapons and have opened chapters in the Western Balkans. OCGs use existing criminal routes to traffic weapons. The main sources of illegal weapons are the reactivation of neutralised weapons; burglaries and thefts; embezzlement of legal arms, legal arms sold in the illegal market; firearms retired from service by army or police; the conversion of gas pistols.
Future considerations
The relatively high risks associated with weapons trafficking acts as a disincentive for OCGs. However, where demand exists criminals will exploit vulnerabilities in legitimate supply chains to obtain weapons and ammunition.
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There are an estimated 3600 international OCGs active in the EU involved in a broad range of criminal offences. Drug trafficking is by far the most widespread criminal activity followed by fraud. These two crime areas represent more than half of all OCG activity. Cocaine and cannabis trafficking are the most important types of drug trafficking in terms of the volume and the number of OCGs involved. Excise fraud and VAT (MTIC) fraud are the most important types of fraud. Money laundering is a cross-cutting crime and an essential supporting activity for criminal groups. All criminal groups seek to launder their illicit proceeds, regardless of their involvement in specific crime areas. The profits of crime generated by individual OCGs can range from thousands to millions of Euros. More than 30% of the groups active in the EU are poly-crime groups, involved in more than one crime area. Almost half of these poly-crime groups are linked to drugs trafficking, and 20% of these groups engage in poly-drug trafficking. THB, Facilitated Illegal Immigration and weapons trafficking are crimes which are also often linked to drugs trafficking. Generally, illicit trafficking and smuggling crimes are interlinked. Criminal groups are structured in various forms between two models. OCGs with a vertical structure rely on classic hierarchies and operate with different levels of officers. Horizontally structured groups function as networks with a cellular structure and less rigid or permanent hierarchies. Between these two models there are other varying forms of organisation and their typical features are not necessarily mutually exclusive. Groups can adapt to the characteristics of either or even both models. More than 40% of criminal groups have a network type of structure which suggests that criminal groups are becoming more networked in their organisation and behaviour than has previously been, or was perceived to be, the case. These findings carry significant implications for the formulation of crime-fighting policies, strategies and responses. Network forms of organisation exemplify a level of criminal intent, expertise, experience and sophistication that is aligned with the challenges and opportunities present in modern environments, which are characterised by dynamic change, greater mobility and connectivity. It appears that criminal groups increasingly employ network forms of organisation and behaviour. The size of groups varies widely depending on the types of crime the group is involved in and its structures. Small groups tend to be more involved in financial and economic crimes, property crimes and counterfeiting, whereas larger groups are often active in THB, facilitation of illegal immigration and drugs trafficking. The concept of criminal hierarchy is distinct from that of traditional organisational hierarchy even where criminal hierarchical structures feature a strict division of tasks and specialisation. In avoiding formal organisational structures and adopting a more flexible hierarchical
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organisation, criminal groups enhance their ability to obscure their activities and pursue their criminal objectives. Criminal groups often adopt a shared (or group) leadership approach and/or a flexible hierarchy. The fact that many criminal groups currently employ a group leadership approach is an important qualitative change, which emphasises, among others, group effort, complementarily of skills and enhanced collaboration among leaders. The simplest form of the shared leadership approach sees two leaders in charge, but there have also been reports about bigger leading teams, which are occasionally referred to as core groups. Core groups direct wider criminal networks and have a relatively stable and cohesive membership. They are often comprised of individuals with a shared national, ethnic or language background and are in certain cases related through familial or kinship ties. Numerous factors affect changes in the structure and behaviour of criminal groups such as demographic factors (country and nationality); crime areas; group size and membership; operating environments; modi operandi; and the international dimension of their criminal activities. The evolution of organised crime groups has resulted in changes to their modi operandi and structure such as increased criminal mobility; better criminal organisation and functioning; the setting up of criminal cells and parallel operations in several MS; focus on less targeted countries; and the exploitation of differences in legislation across national jurisdictions. Among the most notable changes in the past years has been the increasing use of the internet and technological advances, such as web- and mobile-based communication technologies, e-commerce, and the use of LBS by criminal groups. Alongside these developments, criminal networking has emerged as another key aspect closely associated with the international dimension of criminal activities. For example, frequent contact and cooperation between recruiters and traffickers based in source and destination countries are instrumental in expanding human trafficking for the purpose of sexual exploitation. Typically, these contacts help to constantly negotiate demand and supply resulting in the continuous exchange of victims for prostitution. The frequent movement of victims across jurisdictions makes it more difficult to identify trafficking activities and further complicates the work of law enforcement authorities. Criminal networking (connectivity) is a highly effective method, which enables criminal groups to stay ahead of law enforcement efforts. 70% of identified OCGs are multi-national in their membership. These organised crime groups can be sub-divided into homogeneous groups with one dominant nationality (25%); groups of dual composition with two main nationalities (20%); and purely heterogeneous groups with more than two nationalities (25%). Non-EU groups consist of individuals from Latin America, the former Soviet Union countries, Afghanistan, Pakistan, East-Asian countries and the Maghreb. The most frequent combinations of groups consisting of EU and non-EU nationals are Latin American-Portuguese, LatvianRussian and Maghreb-Portuguese or Spanish nationals. Analysis of the nationality of criminals and the countries of main activities has demonstrated that criminal groups are becoming increasingly international. For example, both Belgium and Portugal reported criminal groups consisting of more than 60 nationalities of criminals. These two countries also reported criminal groups whose main criminal activities extend to more than 35 countries. This clearly indicates a significant level of international criminal cooperation, mobility and reach. The financial data on OCGs available suggests that most OCGs have access merely to sufficient rather than abundant resources. The OCGs with access to the most substantial resources are more likely to be composed of EU nationals, and are more often involved in financial crimes like fraud and money laundering. The cash turnover of these groups is substantial and they are able to launder their proceeds within their own criminal infrastructure. Investments are mostly made in real estate that may
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be used to facilitate criminal activities, but are also used to enable criminals to live a lavish, even luxurious, lifestyle. Characteristically they own LBS, often on an international level. In some cases, their legitimate activities are an important source of resources that can be further invested in criminal activities. Importantly, OCGs with abundant financial resources are more inclined to engage in corruption to facilitate their criminal activities. 75% of the OCGs that systematically use corruption have access to abundant to sufficient resources. 13% of the reported OCGs only have limited access to or suffer a lack of resources. However, this does not necessarily preclude OCGs from committing criminal activities for a sustained period of time. OCGs have limited or short resources because they rely on their criminal income for subsistence and have to reinvest a part of this criminal profits in new criminal activities. Insufficient resources are also linked to the role of the OCG: a low-level OCG that has a role in and depends on a larger network may not make significant profits. They may even have to rely on government allowances, investors, or loans. Serious and organised crime groups differ in the level of expertise they are able to employ in support of their criminal and related activities. OCG cooperation occurs both nationally and internationally and exploits opportunities to achieve common goals for mutual financial gain. It is primarily driven by the need to operate beyond territorial boundaries or to secure specific services or products. As such, it is particularly prominent in drugs trafficking. Cooperation can take the form of joint action or be based on a division of tasks. More organised and dominant groups also use cooperation to develop relations with subordinate groups. Such groups can subcontract and fund specific activities, or offer unique capabilities, such as access to corrupted officials. Once links are established, dominant groups may actively control their linked subordinates. Dominant groups use subordinate groups to extend their influence and become established in multiple criminal markets. Cooperation also offers collective protection. Cooperating groups present a stronger front to protect their shared interest and conceal each others members from the police. Those groups with access to corrupted officials or legal experts can share information on weaknesses in legislation that can be exploited. Interaction via cooperation presents an additional threat due to its implications for innovation and information sharing across OCGs. OCGs can benchmark themselves against each other groups and learn how to increase the efficiency and effectiveness of their enterprises. OCGs are often associated with the use of violence, which has long been regarded as one of organised crimes defining characteristics. Organised crime groups use violence against their own members in the absence of alternative control systems, against rival OCGs and others in conflict with them as well as against the victims of their criminal activities. The use of violence is often counterproductive and almost always attracts unwanted law enforcement attention and retaliatory actions. The negative implications of using violence encourage most OCGs to use very little violence in the pursuit of their activities. Violence is used by most OCGs only in a measured, deliberate and premeditated manner and when deemed strictly necessary. However, some OCGs use violence as an integral part of their strategy. In these cases, violence is used to intimidate witnesses, to extort money and collect debts, to coerce people to take part in or facilitate criminal activities, to forcefully take over businesses, to consolidate a groups position in a certain crime area and as part of robberies and other property crimes.
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populations of young labourers with a lack of employment opportunities and will continue to feed migration flows towards the EU and offer opportunities to OCGs involved in the facilitation of illegal immigration and THB. The EU is a highly attractive target for cybercrime in all its forms, because of its high level of internet penetration (73%) and advanced internet mediated services. Internet penetration is now greatly increasing in previously underconnected regions of the world, including Africa and Asia. These are rapidly becoming hubs for emerging technologies such as mobile payment systems. Further global growth in the use of internet mediated services is likely to bring new victims, new offenders and new criminal methods to light in the EU. There is increased awareness that law enforcement cannot fight serious and organised crime alone. Combating crime is a responsibility shared with both the public and private sectors in reducing a lack of general awareness on the part of the general public and, in some cases, even law enforcement and the judiciary with regard to specific types of crime. OCGs exploit a lack of awareness, are quick to identify new criminal opportunities and use weaknesses to their advantage. Social tolerance of certain types of crimes, which is generally regarded as victimless, will continue to strengthen organised crime if perceptions remain unchanged.
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6. Recommended priorities
The SOCTA 2013 identifies several serious and organised crime threats that require concerted action by EU MS. These threats include crime areas that have recently gained significance or were not regarded as priority areas earlier, but now stand out against other crime threats because of their impact on society. Based on the findings of this assessment Europol recommends that the operational response to serious and organised crime in the EU should focus on the following high priority threats: Facilitation of illegal immigration Trafficking in human beings Counterfeit goods with an impact on public health and safety Missing Trader Intra Community (MTIC) fraud Synthetic drugs production and poly-drug trafficking in the EU Cybercrime Money laundering
Emerging threats
Emerging and new threats stand out also in terms of their rapid evolution and need for close follow up of the situation. They are the following: Environmental crime: Illicit waste trafficking Energy fraud
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The SOCTA is a present- and future-oriented threat assessment. It goes beyond a situation report, which is retrospective and mainly statistical, to take into account possible future developments. The SOCTA differs from the OCTAs produced from 2004 onward in the following respects: The scope and use of indicators for organised crime groups (OCGs) has increased and indicators have been developed to analyse SOC areas. Horizon scanning has been added to better define future threats The effects of SOC and crime relevant factors are analysed in detail to allow for better and more focused prioritisation.
The SOCTA analysis departs from three focus points: OCGs, SOC areas, and the environment which they affect and which facilitates their activities. Data contributed to the SOCTA is collected based on these three aspects. Definition of organised crime The SOCTA uses the definition of international organised crime provided by the Framework Decision on organised crime of 24 October 2008 17. This Framework Decision defines a criminal organisation as "a structured association, established over a period of time, of more than two persons acting in concert with a view to committing offences which are punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty, to obtain, directly or indirectly, a financial or other material benefit." In accordance with the definition provided by the Framework Decision, the following list of qualifying criteria was applied in the data collection process on organised crime groups for the SOCTA: collaboration of more than two persons; active for a prolonged or indefinite period of time; suspected or convicted of committing serious criminal offences (intended as punishable by deprivation of liberty or a detention order of a maximum of at least four years or a more serious penalty - for organised crime)
COUNCIL OF THE EUROPEAN UNION, Brussels, 4 July 2012, 12159/12, LIMITE, COSI 59, ENFOPOL 219, CRIMORG 88, ENFOCUSTOM 72. 17 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime, OJ L 300, 11.11.2008, p.42.
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with the objective of pursuing profit and or other material benefit Operating/working on an international level in and/or outside the EU MS.
Serious crime refers to criminal activity deemed worth reporting on, which does not meet the OCG definition set out in the 2008 Framework Decision. De facto it also concerns lone actors or individual actions. In the context of the SOCTA methodology, SOC areas are specific clusters of criminal activity, which feature OCG involvement and affect MS. SOC areas also include criminal markets as well as clusters of criminal activity which are serious due to their international dimension or effect on the EU. Data sources The SOCTA is based on data from law enforcement agencies and open sources. Law enforcement data includes data available within Europol, data obtained from MS via questionnaires, and data obtained from third organisations and countries. The open sources material used has been carefully evaluated for the reliability of the source and the validity of the information. Threat indicators and crime relevant factors Tailored indicators describe and assess the intrinsic characteristics of OCGs and SOC areas and are used to assign their respective level of threat. Effect indicators measure the effect that OCGs and crime areas have on EU society. These indicators are key in identifying priority threats and arriving at substantiated recommendations. In addition to these three types of indicators (OCG, SOC, Effect), crime relevant factors (CRF) are also analysed. CRF are facilitating factors and vulnerabilities in the environment that have an influence on current and future opportunities or barriers for OCGs and SOC areas. CRF are analysed via horizon scanning, which aims to identify future trends in society and future crime threats. Indicators for organised crime groups have the following values assigned: Low: cooperation with other groups, expertise, external violence, countermeasures against law enforcement; Medium: adaptable and flexible, level of resources, the use of LBS, active in multiple crime areas; High: an international dimension to their activities, the use of corruption. The threat level of an OCG can be simultaneously assessed as high on one indicator, and medium or low on others, or in any other combination depending on the information collected from Member States. The effects of OCG activities can be assessed as high, medium or low on any or all of the dimensions including physical and psychological, political, financial and economic, social, technological, and environmental. This assessment is again based on the information collected from Member States. The same applies to assessing the threat levels of SOC areas where the following indicator values apply: Low: resource availability, social tolerance, linked crime areas Medium: innovation, number of groups active and evolution of the crime area High: international dimension and high profits. Results The analysis of the data on organised crime groups and serious and organised crime results in a list of recommended priorities on organised crime groups and serious and organised crime areas, in a format that enables informed decision-making on priorities and the preparation of multi-annual strategic plans in a later phase of the policy cycle.
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Europol level of continuous crime trend scanning, extending the SOCTA process to support a more proactive approach. 7. There is a need to ensure that areas of criminal activity are looked at as a whole, and that analysis is not limited by artificial geographical or administrative boundaries. Globalisation, and the increased role of 'flat' distributed networks of criminal activity suggest a growing pragmatic approach by criminal organisations 'to what works', and the need in turn for law enforcement to understand the adaptive dynamics of this changing environment. 8. Globalisation and effective networking also results in rapid dissemination of new criminal practice, as opportunities and markets change. In this context, over-bureaucratised slow analysis and responses, and inflexible administrative frameworks offer opportunities for criminal networks to exploit. Law Enforcement and the administrative environment in which law enforcement organisations work will need to be dynamic, flexible and responsive to address to these future challenges. Dr Xavier Raufer Professor Dr Arndt Sinn Professor Max Taylor
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Trafficking in endangered species Trafficking in human beings United Arab Emirates United Nations Office on Drugs and Crime Value Added Tax
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