Cdi Organized Crime
Cdi Organized Crime
Cdi Organized Crime
4. Modus Operandi:
High profile
Difficult to counter
Violence and intimidation
5. Motive:
Non-ideological/Non Sectarian
Organizational Profit and Advantage
6. Nature of Criminal Activity:
Crimes that are high profile, sensational, large scale, diversified and
have a high impact to the economy and National Security
7. Time, Duration and Frequency:
Long term goals
Regular operations
Widespread or transcend provincial, regional, national or international
political boundaries
Essential Elements of a Criminal
Gangs
1. Capability:
Tend to have less control over their members
Loose collection of factions
Members may have previous petty crime experience
2. Resources:
Basic criminal tools and minimal logistical support
Minimum or no special training and indoctrination
3. Networking/Connections:
Local crime network, if any
Few or no operating linkages and influences with law
enforcement agencies
Essential Elements of a Criminal Gangs
4. Modus Operandi:
Less corporate (focus on specific criminal activity
Territorial
Scavenger (motivated by the need to belong to a group)
5. Personalities:
Low level of criminal prominence, influence and linkages in their
locality
Mainly from financially/socially disadvantaged sectors of society
6. Motive: Profit and personal advantage
7. Nature of Criminal Activity:
Crimes committed are perpetrated by hatred, vendetta or if for
profit on a particular crime.
HISTORY AND ATTRIBUTES OF TRADITIONAL AND MODERN
ORGANIZED CRIME
The Concept…
Emerged in Chicago in 1919,
when Alphonse Capone, better
known as Al Capone or
Scarface, considered as the
most notorious gangster in the
U.S. ran Chicago with blood and
guns.
HISTORY AND ATTRIBUTES OF TRADITIONAL AND
MODERN ORGANIZED CRIME
Founders of Modern Organized Crime in the US
1. Alphonse Capone [(Scarface) (1899-1947)]
2. Charles Luciano [(Lucky) (1897-1962)]{Salvatore
Lucania}
3. Meyer Lansky [Morris Lieberman; Meyer Lamansky;
Little Meyer; Meyer the Bug; Charlie the Bug; Meyer the
Lug (1902-1983)] {Maier Suchchowljansky}
4. Louis Buchalter [(“Lepke” ; “Judge Louis”) (1897-1944)]
{Louis Bookhouse}
5. Joseph Adonis [ (Joey Adone, Joe Orosa, James Arosa,
Joe DeMio) ( 1902-1972)] { Giuseppe Antonio Dot}
6. Frank Costello [1891-1973]
HISTORY AND ATTRIBUTES OF TRADITIONAL AND MODERN ORGANIZED CRIME
THE MAFIA
Generic term for any organized criminal network
with similar structure, methods, and interests.
Originated from the Sicilian struggle in the 13 th
Century against French Rule
An acronym derived from “Morte Alla Francia,
Italia Anela!” (Death to France, Italy Groans!),
which referred to beauty, perfection, grace, and
excellence.
HISTORY AND ATTRIBUTES OF TRADITIONAL AND MODERN ORGANIZED CRIME
4. ‘Ndrangheta
Third of the four Italian criminal enterprises: Approximately 140 cells with
5,300 members, and is based out of Calabria
Active in heroin trafficking
Size: Approximately 6,000 members
Today…
Terrorism also refers to a large
groups who are independent from
a state, violent religious fanatics,
and violent groups who terrorize
for a particular cause such as the
environment
Criteria in Defining Terrorism
1. Target
2. Objective
3. Motive
4. Perpetrator
5. Legitimacy or legality of the
act
Terrorists- One who does all acts of
terrorism.
Terrorist Group- Any organization that
engages in or had engaged in, terrorist
activity. This includes not only violent groups
but legitimate groups that fund terrorists
operations.
Terrorist Act- any act that is unlawful,
involves the use or threatened use of
violence or force against individuals or
property, is designed to coerce a
government or society, and supports
political, ideological, or religious objectives.
Traditional Terrorist Tactics
1. Bombing
2. Hijacking
3. Arson
4. Assault
5. Kidnapping
6. Taking hostages
Acts of Terrorism Under the UN Conventions and
Protocols
1. Unlawful seizure of aircraft (1970)
2. Unlawful acts against safety of civil aviation(1971)
3. Crimes against internationally protected persons including
diplomatic agents (1973)
4. Terrorist bombings (1977)
5. Taking hostages (1979)
6. Nuclear material (1980)
7. Acts of violence in airports (1988)
8. Acts against safety of maritime navigation (1988)
9. Acts against safety of fixed flatforms located on continental
shelf (1988)
Differences Between Criminals and Terrorists
CRIMINALS TERRORISTS
Emir
Chief Counsel to Emir
Consultation Council
Cells
70,000 members in
more than 60 countries
around the world
The Islamic State Of Iraq And Syria (ISIS)
Formerly, the Islamic State of Iraq and the
Levant [ISIL], it is a self-proclaimed Islamic
State (IS) composed of Sunni, extremist, jihadist
unrecognized state and caliphate based in Iraq
and Syria.
Later on it was renamed as the Islamic State
of Iraq and Syria {[ISIS]
Arabic acronym Daʿish or Daesh
Founder: Abu Bakr al-Baghdadi
Known to his supporters as Amir al-Mu'minin
Caliph Ibrahim. Formerly known as Abu Du'a.
Claiming descent from the Islamic prophet
Muhammad, he is called Abu Bakr Al-Baghdadi
Al-Husseini Al-Qurashi.
Cause: To establish an Islamic state in Sunni-
majority regions of Iraq.
Following its involvement in the Syrian Civil War
however, this expanded to include controlling
Sunni-majority areas of Syria. It proclaimed a
worldwide caliphate on 29 June 2014, and Abu
Bakr al-Baghdadiwas named as its caliph, and
the group was renamed the Islamic State [IS].
LEGAL FRAMEWORK OF THE GOVERNMENT’S
CAMPAIGN AGAINST TERRORISM
On July 3, 2020, President Rodrigo R. Duterte signed into
law Republic Act No. 11479 or The Anti- Terrorism Act of
2020 (“Anti-Terrorism Act”).
The Anti-Terrorism Act repealed the Human Security Act of
2007 (“Human Security Act”), which was previously the
governing law on acts of terrorism in the Philippines. The
Anti-Terrorism Act took effect on July 22, 2020, fifteen (15)
days after its complete publication in the Manila Bulletin
on July 6, 2020.
As of August 6, 2020, twenty-five (25) petitions seeking to
declare the Anti-Terrorism Act unconstitutional, either
partially or in its entirety, have been filed with the Supreme
Court of the Philippines.
Salient Provisions of the Anti-Terrorism Act
The Acts of Terror
Under the Anti-Terrorism Act, terrorism is committed by any person who, WITHIN
OR OUTSIDE of the Philippines, and regardless of the stage of execution:
o Engages in acts intended to cause death or serious bodily injury to any
person, or endangers a person’s life;
o Engages in acts intended to cause extensive damage or destruction to a
government or public facility, public place or private property;
o Engages in acts intended to cause extensive interference with, damage or
destruction to critical infrastructure;
o Develops, manufactures, possesses, acquires, transports, supplies or uses
weapons, explosives or of biological, nuclear, radiological or chemical
weapons; and
o Release of dangerous substances, or causing fire, floods or explosions
Planning, training, preparing, and facilitating the commission of terrorism (including Life imprisonment w/o
possessing objects or collecting or making documents connected with the preparation of parole
terrorism)
If involves sexual intercourse or lascivious conduct with a child:
-Imprisonment of Reclusion Temporal in its medium period to Reclusion
Perpetua and P500,000 to 1 Million fine
If committed by a foreigner:
-Deportation after serving the sentence and permanently barred from
entering the country
If committed by Public Official:
-Dismissal from service, perpetual absolute disqualification in
addition to imprisonment and fine
Persons May File Cases of Trafficking in
Persons
1. Any person, including a law
enforcement officer, who has personal
knowledge of the commission of the
offense;
2. The trafficked person or the
offended party;
3. Parents or legal guardians;
4. Spouse;
5. Siblings; or
6. Children.
The Inter-Agency Council Against Trafficking (IACAT)
Chairperson: Secretary of the Department of Justice
Co-Chairperson: Secretary of the Department of Social Welfare
and Development
Members:
1. Secretary, Department of Foreign Affairs;
2. Secretary, Department of Labor and Employment;
3. Secretary, Department of the Interior and Local Government;
4. Administrator, Philippine Overseas Employment Administration;
5. Commissioner, Bureau of Immigration;
6. Chief, Philippine National Police;
7. Chairperson, Philippine Commission on Women;
8. Chairperson, Commission on Filipinos Overseas;
9. Executive Director, Philippine Center for Transnational Crimes; and
10. Three (3) representatives from NGOs, who shall include one (1)
representative each from among the sectors representing women, overseas
Filipinos, and children, with a proven record of involvement in the
prevention and suppression of trafficking in persons, who shall be
nominated by the government agency representatives of the Council, for
appointment by the President for a term of three (3) years.
Investigation, Prosecution and Trial of the Crime
Of Trafficking in Persons
Closed-door investigation, prosecution or trial.
The name and personal circumstances of the
trafficked person or of the accused, or any
other information tending to establish their
identities and such circumstances or information
shall not be disclosed to the public.
Prescriptive Period of the Crime of Human
Trafficking
Trafficking cases under RA 9208 prescribes in
ten (10) years; Trafficking cases committed by a
syndicate or in a large scale prescribes in
twenty (20) years.
MONEY LAUNDERING
Money Laundering- Conversion or transfer of property
knowing that such property is derived from a criminal
offense, for the purpose of concealing or disguising its illicit
origin, or assisting any person who is involved in the
commission of such offense, or offenses, to evade legal
consequences of his action [1988 UN Vienna Convention].
The process of converting cash, or other property, which is
derived from the criminal activity, so as to give it the
appearance of having been obtained from a legitimate
source [Financial Action Task Force].
A crime whereby the proceeds of an unlawful activity as
herein defined are transacted, thereby making them appear
to have originated from legitimate sources [ Section 4 of
AMLA].
Historical Background of Money
Laundering
Money laundering originated in the 1920’s
when The American mafia owned Laundromats
which were cash businesses.
Criminals then used this Laundromats to
hide illegal proceeds by investing said
money in the Laundromats business, or mixing
illicit funds with clean money.
In 1986, The United States passed the Money
Laundering Control Act (MLCA).
In 1988 the United Nations Convention
against Illicit Trafficking in Narcotic
Drugs and Psychotropic Substances (VIENNA
CONVENTION) made drug money laundering a
criminal offense
In 1989 The G-7 Nations (France,
Germany, Italy, Japan, United
Kingdom, United States, and Canada)
formed the FINANCIAL ACTION TASK
FORCE (FATF) which were mandated to
devise international standards and
policies to combat money laundering.
And in 2000 the United Nations
Convention against Transnational
Organized Crime (PALERMO CONVENTION)
extended the legal definition of
money laundering to include all
serious crimes.
10 Finland ea
FATF Present Me 11. France
mbership 23. Luxembourg
12. Germany
24. Mexico
13. Greece
1. Argentina 25. Netherlands, Ki
14. Gulf Co-operati ngdom of
2. Australia on Council
3. Austria 26. New Zealand
15.Hong Kong,
4. Belgium 27. Norway
16. China
5. Brazil 28. Portugal
17. Iceland
6. Canada 29. Russian Federat
18. India ion
7. China 19. Ireland 30. Singapore
8. Denmark 20 Italy 31. South Africa
9. European Commi 21. Japan
ssion 32. Spain
22. Republic of Kor 33. Sweden
34. Switzerland
Money Laundering Process
1. Placement. The physical disposal of cash
proceeds derived from the unlawful
activity. The aim is to remove cash from
the location of acquisition to avoid
detection.
2. Layering. Separating illicit proceeds from
their source by creating complex layers of
financial transactions designed to disguise
the source of money, subvert the audit
trail and provide anonymity.
3. Integration. The final stage in the process
at which the money is integrated into
legitimate economic and financial systems
and is assimilated with all the other
assets in the system.
Money Laundering Methods
1. Mix dirty money with
legitimate funds
2. Use dirty money for
legitimate purposes
3. Invest dirty money
legitimate business
The Anti-Money Laundering Act
REPUBLIC ACT NO. 9160
Anti-Money Laundering Act of 2001, as
amended by RA 9194 , RA10167, & 10365)
Definition
Money laundering- a crime whereby the
proceeds of an unlawful activity
(predicate crime) are transacted,
thereby making them appear to have
originated from legitimate sources.
Money Laundering is committed as follows:
1. Any person who transacts or attempts to
transact with any monetary instrument knowing
that it involves or relates to the proceed of
an unlawful activity
2. Any person who facilitates the commission of
money-laundering as defined in no.1 by
knowingly performing or failing to perform an
act
3. Any person who fails to disclose and file a
report with AMLC of any instrument or property
as required under the law
Notes:
The law on money laundering have been
amended by the following legislations, to
wit:
1. R.A. 9194, which amended R.A. 9160,
took effect on 23 March 2003.
2. R.A. 10167, which further amended R.A.
9160, took effect on 07 July 2012.
3. R. A. 10365, which was signed by Pres.
Aquino on 15 February 2013.
International Initiatives Against Money
Laundering
1. The 1998 UN Vienna Convention- This
convention obliges signatories to:
1.1 Make money laundering a criminal offense
1.2 Provide for the extradition of persons
charged with money laundering offenses
2. The UN Drug Control Program- It
operationalize the Vienna Convention in
concrete terms, leading to the preparation of
three “Model Laws” on money laundering as model
legislation.
3. The UN Resolution 1373- It requires UN member
States to adopt tough measures against
terrorist financing and freeze assets of
terrorist organizations.
4. International Convention for the Suppression
of the Financing of Terrorism- It requires
each State party to take appropriate measures
for the detectionn and freezing, seizures or
forfeiture of terrorist funds
5. Asia Pacific Group on Money Laundering-
Ensures the adoption, implementation and
enforcement of AML standards set out in the
FATF 40 Recommendations.
6. The Council of Europe- It provides a
framework for cooperation within Europe in the
tracing and confiscation of illegal proceeds.
CRIMINAL INTELLIGENCE-BASED INVESTIGATION OF
ORGANIZED/ SYNDICATED CRIME GROUP
Persons Included:
Person Included:
Parameters:
2. Gravity of offenses
4. Recidivism
THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME AND THE ROLE OF
INTERPOL IN THE GLOBAL CAMPAIGN AGAINST TRANSNATIONAL ORGANIZED
CRIME
Organization
3.Support to Policy-Making
The Role of INTERPOL in the Global Fight Against
Transnational Crimes
Functions
-William Shakespeare