1st Edition

Challenging Organized Crime in the Western Hemisphere A Game of Moves and Countermoves

    148 Pages 2 B/W Illustrations
    by Routledge

    148 Pages 2 B/W Illustrations
    by Routledge

    Challenging Organized Crime in the Western Hemisphere: A Game of Moves and Countermoves takes the unusual approach of exploring and describing how organized crime groups develop their capacities in response to heightened powers of law enforcement; and how law enforcement in turn responds, creating an ongoing dynamic interaction. The book shows how a state, such as the United States, has and can develop new laws and practices in ways that enable them to deal with relatively large violent groups—and yet preserve the rule of law and civil liberties.

    While most texts describe organized crime groups and the challenges to government they impose from a static perspective, the authors dissect the interaction over time of organized crime and democratic governance that has created the present structure and balance of advantages in the United States. Readers learn about the markets for contraband and extortionate protection that form the bulk of organized criminal enterprise, the vulnerabilities of the traditional practices and rules of law enforcement, the effects of globalization of criminal enterprises on their contest with the state, the effectiveness of various practices of law enforcement, and the continuing forces of change, often technological, in the businesses of organized crime and law enforcement that play important roles in the contest between them.

    This thought- provoking book is ideal for students of organized and transnational crime in university programs and law schools, as well as researchers and legal practitioners, who seek to look beyond the simple traditional history of organized crime and develop a strategy to confront organized crime in the future.

    Prologue

    Acknowledgements

    Part One: The Business of Organized Crime: The Concerns of States 

    1. What is Organized Crime? 

    2. The Sinaloa Cartel as a Concrete Example 

    3. Strategies For a State Addressing Organized Crime 

    4. A Final Issue of State Strategy:  Rules of War or Law Enforcement. 

    5. Detecting Visible Indications of Organized Crime 

    Part Two: Law Enforcement on Steroids 

    6. The Mechanisms and Difficulties of Traditional Law Enforcement in Addressing Organized Crime 

    7. Creating a Law Enforcement Capacity to Address the Advantage of Organized Crime 

    8. New Strategies for Prosecutors of Organized Crime 

    9. A Double-Edged Sword:  How Improved Law Enforcement Aided Whitey Bulger 

    Part Three: Globalization 

    10. Going International 

    11. International Law Enforcement Cooperation Pursuant to Treaties 

    12. The Colombian Connection:  A Truly Cooperative Solution for an International Problem 

    13. Two Critical Ingredients of International Cooperation 

    Part Four: Moving the Proceeds of Organized Crime in Secret

    14.  Moving Proceeds of Crime without Revealing Their History 

    15. The Limited Effectiveness of a Barrage of Prohibitions of Money Laundering 

    Part Five: The Future of Organized Crime  

    16. The Internet and the Exploitation of the “Fog of War” 

    17. Conclusion:  Predicting the Future of the Contest Between Nations and Sizable Criminal Enterprises

    Bibliography

    Index

    Biography

    Philip Benjamin Heymann is the James Barr Ames Professor of Law Emeritus at the Harvard Law School. After graduation from Harvard Law School he clerked for U.S. Supreme Court Justice John Marshall Harlan. At the U.S. Department of Justice he was then Assistant to the Solicitor General (1961-1965), Assistant U.S. Attorney General in charge of the Criminal Division (1978-81) and Deputy Attorney General (1993-94). At the U.S. Department of State (1965-1969), he was Acting Administrator of the Bureau of Security and Consular Affairs, Deputy Assistant Secretary of State for the Bureau of International Organizations and Executive Assistant to the Undersecretary of State.

    Among the number of articles and books he has written while teaching at Harvard Law School, Heymann is the author of four books on combating terrorism: Terrorism and America (MIT Press 2000); Terrorism, Freedom, and Security (MIT Press 2003); Protecting Liberty in an Age of Terror with co-author Juliette Kayyem (MIT Press 2005); Laws, Outlaws, and Terrorists (with co-author Gabriella Blum (MIT Press 2010). He is also the author of the Politics of Public Management (Yale University 1987) and Living the Policy Process (Oxford University Press 2008).

     

    Stephen Philip Heymann’s career as a federal prosecutor spanned over 33 years. During that time, he received commendations for his work from the Director of the FBI, the General Counsel for the Navy, the Director of the Secret Service and the Director of the Executive Office of U.S. Attorneys. He is the recipient of the Attorney General’s Distinguished Service Award.

    During his career, Stephen Heymann was a member of the Justice Department’s elite Organized Crime Strike Force; established and directed one of the country’s first, dedicated cybercrime units and was Deputy Chief of the Criminal Division of the U.S. Attorney’s Office in Boston, where he advised on all aspects of investigation and case structuring. Among his significant cases, he led what the FBI then described as one of the most significant Asian Organized Crime cases in its war against non-traditional organized crime; conducted the first court-authorized wiretap of a computer network, resulting in identification and charging of a foreign national breaking into U.S. military systems from Argentina; and successfully investigated a transnational group engaged in stealing tens of millions of credit and debit cards from TJX and other major US retailers. The last was described by the Attorney General of the United States as the largest and most complex identity theft case then brought in the country.

    "This book is the best introduction I know to organized crime—what it is and how it operates, how it gains strength from globalization, and what law enforcement tools work best to defeat it." — Jack Goldsmith, Henry L. Shattuck Professor of Law at Harvard University, Former Assistant Attorney General, Head of the U.S. Justice Department’s Office of Legal Counsel and Author of The Terror Presidency: Law and Judgment Inside the Bush Administration.

    "Phil and Steve Heymann’s book on organized crime is a ‘must read’ for law enforcement practitioners. They describe the evolution of tactics, law, and strategy over the years to address the challenges of transnational organized crime." — Paul Evans, Former Police Commissioner of the Boston Police Department and Former Director of the Police Standards Unit of Britain’s Home Office.

    "This book provides an analysis of the changing contest between organized crime and nation states. It persuasively presents the ideas we need today to deal with the danger of an alliance among terrorists, organized crime groups, supportive states, and private companies." — Luis Moreno Ocampo, First Prosecutor of the International Criminal Court, Argentine prosecutor in the "Trial of the Juntas."

    "Building on the extensive real world experience of the authors, this book is a whodunit for those concerned with how organized crime has operated and how law enforcement can meet it head on in this more international and high-tech world." — Donald Stern, Former United States Attorney for the District of Massachusetts and Former Chair of the U.S. Attorney General’s Advisory Counsel.

    "If you want both the reality of organized crime and lucid analysis of its roots and methods of operation, these authors have written what you need." — Michael DeFeo, Former U.S. Justice Department Senior Counsel for International Law Enforcement in Rome, Former Assistant Director of the FBI and Former Deputy Chief of the U.S. Justice Department’s Organized Crime and Racketeering Section.