Problems, Relationships and Legal Limitations of Organized Crime
With globalization, international trade has grown far and wide. As a result, organized crime activities and corruption have greatly increased, enlarged and spread. Conceptually, some people and groups are easy to classify as organized crime after evaluating their legitimacy. Organized crimes present a major threat to human security hence the need to properly counter them. They also hamper social, economic, political and cultural growth of nations universally. This results to a threat in national security. Organized crime takes on different aspects in life some of which include illicit drug and human trafficking, trafficking of ammunitions, rustling of immigrants, pirates hijacking ships especially in coastal regions prostitution, as well as financial fraud amongst others (UNODC, 2011).
Several relationships exist according to Writer Rene Seindal in MAFIA for organized crime to prosper: OC must have some type of political power by being associated through some means with the party factions or elected officials. OC must have financial power, gained through controlling local or regional capital and means of production. A relationship with both the judiciary and the policing bodies must be established so as to prevent major incursions upon OC business and lifestyle. (Qtd in freeonlineresearchpapers.com, 2009).
In their case study for Mumbai city, Sumita S. and Arvind T. (2001) confirmed that organized crime support is either in the form of specialists support or social support. In the specialists support the criminals use the skills of individuals like lawyers, pilots, chemists and doctors to assists criminal groups while in the social support the criminals used public officials who solicit support for organized crime figures and business leaders who engaged in business with them and attend partner social gatherings hence earning them glamorous ties. This reprehensive control of government and powerful government officials and ruling bodies ensures that organized crime prevails.
Some federal government’s attempts to curb organized crime came up with laws and strategies to stop racketeering. In 1970, the Racketeer Influenced and Corrupt Organizations Act, RICO, was enacted. Here, anyone who has committed two of five crimes in a span of ten years can be charged with racketeering and if guilty charged with up to $250,000 or 20 years imprisonment per racketeering. Furthermore, the victim must surrender all the ill-gotten gains and interests in gained business. To use this law, the U.S. Attorney needs to temporarily seize a defendant’s assets for the Mafia-owned shell companies not to take money needed for fines and damages (justice.gov, n.d.)
The critiques included the facts that, the defendant can immediately want to plead guilty to fewer charges to avoid fines, damages and additional jail time. The involvement the US attorney’s place on the assets makes hard to hire an attorney. This best works well where RICO is to imprison bosses, but not where the intention siphon the most from the criminal in terms of finance as they dwindled from economy.Organized crime must be stopped in all forms. RICO gives the Federal government a chance to only stop top officials, but does little to stop the gang crimes i.e., by going after top officials with RICO, one aims those without money to pay fines or civil penalties while letting those who can set up shell corporations and handle all business’ portions, the organized crime, a chance to move on and prevail.
References
Department of Justice. U.S. Attorneys Criminal Resource Manual. “Organized Crime and racketeering.” Retrieved 20-02-2011. http://www.justice.gov/usao/eousa/ foia_reading_room/usam/title9/110mcrm.htm.
How to control Organized crime. (n.d.) retrieved on February 20, 2011 from
http://www.unodc.org/unodc/en/organized-crime/index.html. In Rene Seindal, MAFIA.
Sumita S. and Arvind T. (2001). Combating organized crime: A case study of Mumbai. Retrieved on February 20, 2011, from http://www.satp.org/satporgtp/publication/faultlines/volume12/Article5.htm
UNODC and organized crime. (n.d) retrieved February 2, 2011from
http://www.unodc.org/unodc/en/organized-crime/index.html
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