Organized Crime

 

 JOHNNY REY DA DAGASUHAN GASUHAN CAILING CAILING

 

WHAT IS ORGANIZED CRIME? 

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 Or Organ ganize ized d crime crime   or or crim imin inaal orga gan niz izat atio ions ns is a transnational   gr grouping of highly centralized

entg en ter erp ris ises run nlegbay  y   foorst thceompm fo uropnolsye forf  eng agpin ing gesinru il ill l   criminals activity,  m  profit. monetary  profit.  Defi fin ne also is any crime committed by a person occupying, an commission established division labor, a position designed forinthe of crimes providing that such division of labor includes at least one position for a cor orru rupt pter er,, on onee po posi siti tion on fo forr a corru orrupt ptee ee,, and and one one position for an enfor enforcer cer..

 

WHA WHAT T IS WHITE COLLAR CRIME? CRIME? 

 Whi White te-c -col ollar lar cri crime me   ha has been defi fin ned by  y    Edwin Sutherland   as "a crime committed by a person of  respectability and high social status in the course of  his occupation" occupation" (1939).

 

Forms of White Collar Crimes 

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 Corporate crimes   - the violation of a criminal statute either by a corporate entity or by its executives, employees or agents, acting on behalf of and for the benefit of the corpor co rporation ation,, partnershi partnership p or other business business ent entity ity..  Environmental crimes  - violation of criminal law which, although typically committed by businesses or by business offi of ficcials ials,, may also also be commit mmittted by othe otherr pers perso ons or

organizational entities, and which damage some protected or otherwise otherwise significant significant aspect of the the natural natural envir environme onment. nt.   Occupational Occupational crimes - any any act punishable punishab le by law, law, which is committed through opportunity created in the course of an occupation occupatio n that is legal.

 

Forms of White Collar Crimes  Organizational Occupational Crime - crimes committed for the 

benefit of the entire organization in such instances only the organization or the employ employer er,, not individual employees. employees.

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  th State Authority Author Crime crimes by. officials through the e ex exer erccise iseityofOccupational thei theirr stat atee-ba bassed - au auth tho ori rity ty. Suc Such cthrou ri rim me gh is occupation specific, and can only be committed by person in publicc office publi office or b byy working working fo forr such persons persons..  Professional Occupational Crime - crimes by professionals in thei th eirr capa capaci city ty as prof profes essi sion onal alss. Th Thee crim crimes es of phys physic icia ians ns,, attorneys, attorney s, psychologists, psychologists, and the like are included here.   Indi Indivi vidu dual al Occu Occupa pati tion onal al Crim Crimee - cr crim imes es by indi indivi vidu dual alss as individuals which include income tax evasion, theft of goods and services by employees, the filing of false expense report, and the like.

 

CRIMES OCCUPATIONAL   Whit White-c e-colla ollarr crim crime e (Sutherland) 

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 Avocational crime - committed by one who does not think for himself  as criminal and whose major source of income is something other than   crime. Cor Corpor porat ate e cri crime me   - com ommi mittted by corp rpor oraate of offi fici ciaals for the heiir corporations and the offenses of the corporation and the offenses of the corporation itself.   Economic Economic crim crime e   - ill illeg egal al act activ ivity ity that that pri princi ncipa pally lly in invvolve olvess dec deceit eit,, misrepr misr epresen esentati tation, on, co conce ncealmen alment, t, mani manipula pulation tion,, bre breach ach of trus trustt and circumvention.   illegal Organizational Organiza tional crime   - ille illega gall ac acti tion onss ta tak ken in ac acco corrda danc ncee wi with th operative organizational goals that seriously harm employees or the general public.  Upper-world crime crime - law-breaking acts, committed by those who, due to their positions in the structure, have obtained specialized kinds of  occup oc cupat ation ional al slo slots ts ess essen entia tiall for the co commi mmissi ssion on of these off offen enses ses..

 

Types and Schemes of White Collar Crimes 

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 Bank Fraud: To engage in an act or pattern of activity   where the purpose is to defraud a b bank ank of funds.  Blackmail: A demand for money or other consideration under threat to do bodily harm, to injure injure prop pr oper erty ty,, to ac accu cuse se of a cr crim ime, e, o orr tto o ex expo pose se se secr cret ets. s.  Bribery : When When money money,, goods, ser services, vices, informati information on or anything else of value is offered with intent to influence the actions, opinions, or decisions of the taker. You may be charged with bribery whether you offer off er the bri bribe be or ac acccept it.

 

Types and Schemes of White Collar Crimes 

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 Cellular Phone Fraud: The unauthorized use, tampering, or mani ma nipu pullatio ation n of a cell ellular lar phon phonee or se serv rvic ice. e. This his can can be accomplished by either use of a stolen phone, or where an actor signs upa for service underserial false identification clones valid electronic number (ESN)orbywhere usingthe anactor ESN reader and reprograms another cellular phone with a valid ESN number.   Computer fraud: Where computer hackers steal information sourc sou rces es cont ontain ained ed on comp omput uters ers such such as: bank bank inform informati ation, on, credit cards, cards, and proprietary information.   Counterfeiting: Occurs when someone copies or imitates an item without having been authorized to do so and passes the copy off for the genuine or original item. Counterfeiting is most often associated with money however can also be associated with designer clothing, handbags and watches watches..

 

Types and Schemes of White Collar Crimes 

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 Credit Card Fraud: The unauthorized use of a credit card to obtain goods goo ds of valu value. e. (RA 84 8484) 84)  Currency Schemes: Schemes: The practice of speculatin speculating g on the future valu valuee of  currencies.   Embezz1ement: Embezz1ement : When a person who has been entrusted with money  or pr prop opert ertyy ap appr propr opriat iates es it for his or her her ow own n us usee an and d bene benefit. fit.  Environmental Schemes: The over billing and fraudulent practices exerc ex ercised ised by corp corpora oration tionss whi which ch purp purport ort to clean up the en enviro vironme nment. nt.   Extortion: Extortion: Occurs when one person illegally obtains property from another actual or threatened force, fear, or violence, or under cover of officialbyright.

  Forgery : When a person passes a false or worthless instrument such as a check or counterfeit security with the intent to defraud or injure the recipient.

 

Types and Schemes of White Collar Crimes   Health Care Fraud 

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: Where an unlicensed health care provider provides services under the guise of being lic licensed ensed and obtains obtains mon monetary etary benefit fo forr the serv service. ice.

  Insider Trading: Trading: When a person uses inside, confidential, or advance information to trade in shares of publicly held corporations corporations..

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  Insurance Fraud Fraud:: To To engage in an act or pattern of activity wherein one obtains proc proceeds eeds from an insurance company through deception.   Investment Schemes: Schemes: Where an unsuspecting victim is contacted by the actor who promises to provide a large return on a small investment.   Kickback Kickback:: Occurs when a person who sells an item pays back a portion of the purchase price to the t he buyer.   Larceny/Theft Larceny/Theft:: When a person wrongfully takes another person's money or property   with the intent intent to appropriate, con convert vert or steal it.

 

Types and Schemes of White Collar Crimes 

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 Money Laundering: The investme investment nt or transfer of money from racketeering rack eteering,, drug transactions or other embezzlement schemes so that it appears that its original sourc sourcee either cannot be trac traced ed or is legitimate.: The operation of an illegal business for personal  Racketeering profit.  Securities Fraud: The act of artificially inflating the price of  stocks by brokers brokers so that buy buyers ers can purchas purchasee a stock on the rise.

 Tax taxes.Evasion: When a person commits fraud in filing or paying  Telemarketing Fraud: Actors operate out of boiler rooms and place telephone calls to residences and corporations where the actor requests a donation to an alleged charitable organization or  where the actor actor rrequests equests mo money ney up ffront ront or a credit card number number up front, front, and do does es not us usee the donation donation for the state stated d purpo purpose. se.

 

Types and Schemes of White Collar Crimes 

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 Welfare Fraud: To engage in an act or acts where the purpose is to obta obtain in bene benefit fitss (i (i.e .e.. Pu Publ blic ic As Assi sist stan ancce, Food ood Stam Stamps ps,, or Medicaid) from the State or Federal Government.  Weights Measures : The act of at placing an item fororsale at one price and yet charges a higher price the time of sale short  weighing an item when the the label reflects ref lects a higher higher weight.  Advanced Fee Schemes: Actor induces victim to give him some type of advanced fee in return for a future benefit. The future benefit never occurs and victim never receives the advanced fee back.  Airpor  Airp ortt Scam Scam: Actor approaches approaches victim in an airport stating that the newspaper stand cannot change his one hundred dollar bill and asks the victim for change. Victim provides actor with the change, actor returns to the store to get the one hundred dollar bill back, however however,, never never returns to victim.

 

Types and Schemes of White Collar Crimes 

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 Auto Repair: Actor hangs out around an auto repair shop and approaches victims who leave after getting estimates.  Actor claims to do work work off duty at a very low cost. Once actor inferior work is completed cannothas getthe thecar, return of the car until the very and highvictim bill is paid.  Check Kiting: A bank account is opened with good funds and a rapport is developed with the bank. Actor then deposits a series of bad checks but prior to their discovery discovery,,  withdraws  withdra ws funds funds from from the bank. bank.

  Coup Coupon on Rede Redemp mpti tion on: Grocery stores amass large amounts of coupons and redeem them to manufacturers  when in fact merchandise merchandise was never never sold.

 

Types and Schemes of White Collar Crimes 

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 Directory Advertising: Actor either impersonates sales person from a directory company like the yellow pages or fraudulently  sells advertis advertising ing which which the the victim victim never never rec receiv eives. es.   Actor Fortune Fortune Telling : Actor victim thatbevictim is cursed. advises victim thatadvises the curse must remo removed. ved. Actor advises that she must meditate to the spirits and will require paym pa ymen ent. t. Ov Over er a pe peri riod od of time time,, vict victim im pays pays fortu ortune ne telle ellerr thousands of dollars to remove remove curse.

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 victims’   remove Gypsiesthe : Actor states is cursed. to curse, thethat money must money be placed into a In bagorder or box that the actor provides. provides. The bag or box is switched. Actor advises  victim to perform certain rituals ov over er the money and the curse  will be remo removed. ved. The The bag or box cannot be be opened opened for a period period of  time when it is open opened, ed, the money is g gone. one.

 

Types and Schemes of White Collar Crimes 

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  Home Impr Improv oveme ement nt: Actor approaches a home h ome owner with a very low estimate for a repair or improvement. Inferior or incomplete work is perfo pe rforme rmed. d. On Once ce the re repai pairs rs ar aree co compl mplet eted ed,, ac acto torr in intim timid idat ates es th thee  victim to pay a price much great greater er than the original estimate estimate..   Inferior Equipment: Equipment: Actors travel around selling inferior equipment such as tools at hig high h pric prices. es.  Jamaican Switch: Actor #1 approaches a victim looking for the address of a prostitute. Actor #1 shows a large sum of money to the victim.  Actor #2 #2 arrives and tells Acto Actorr #1 where he can find the prostitute but cautions onvictim takingto allhold th thee money as the might rob him. Actor #1 asks the the money forprostitute him. Actor #1 puts his money  into a handkerchief with the victim’s money. Actor #1 shows the victim how to hide the money under his arm, inside his shirt while switching handkerchiefs handk erchiefs.. Victim takes the handkerchie handkerchieff and the parties split up,  victim’ss mo however howev er,, Actor #1 leaves with victim’  money ney..

 

Types and Schemes of White Collar Crimes 

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 Land Fraud: Actor induces victim to purchase tracks of  land in some type of retirement development which does not exist.   Odom Odomet eter er Fraud raud: Unscrupulo lou us used car salesm esman purchased used cars and turns back the odometers. The used use d car is is sold sold at a higher higher price price due to its its lo low w mileag mileage. e.   Pigeon Pigeon Drop Drop: Act Actor #1 befr befrie iend ndss the the vict victim im.. Act ctor or #2 shows both Actor #1 and victim a "found" package containing a large amount of cash. Actor #1 insists that the found money be divided equally but only after each person puts up his own money to demonstrate good faith. All the money is put in one package and the package is later switched.

 

Types and Schemes of White Collar Crimes 

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 Police Impersonation: Actor tells victim that his bank is being operated by fraudulent bank officers. Actor instructs victim to take money out of bank and place it into a good bank. After the money is withdrawn, actor The allegedly the money to the police station for safe the keeping. victimtakes never sees the money  again.  Ponzi: An investment scheme where the actor solicits investors in a business venture, promising extremely high financial returns or dividends in a very short period of time. The actor never invests the money, however, does pay dividends. The dividends consist of the newest investors funds. The first investors, pleased to receive dividends, encourage new investors to invest. This scheme falls apart when the actor no longer has sufficient new investors to distribute dividends to the old investors or the actor simplyy takes simpl takes all the funds funds and leaves leaves the the ar area. ea.

 

Types and Schemes of White Collar Crimes 

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  Pyramid: An investment fraud in which an individual is offered a distributorship or franchise to market a particular product. The promoter of the pyramid represents that although marketing of  the product will result in profits, larger profits will be earned by  the sale of franchises. For example, if a franchise price is P10, 000.00, the seller receives P3, 500.00 for every franchise sold. Each Ea ch ne new w fran franch chis isee pu purrchas chaser er is pres presen entted with with th thee sa same me prop pr opos osal al so that that ea each ch franc franchi hise se owne wnerr is att attem empt ptin ing g to sell sell franchises. Once the supply of potential investors is exhausted, thee py th pyrramid amid col olla laps pses es.. Many any time timess, ther theree ar aree no pr prod oduc ucts ts involv inv olved ed in the fr franchise, anchise, simpl simplyy just the exchang exchangee of money. money.   actor’s  speedy series of   Quick Change: Victim is confused by  actor’s money mon ey excha exchang nges es and in the the en end, d, is short short chang changed. ed.

 

Types and Schemes of White Collar Crimes 

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 Shell Game: Actor #1 manipulates a pea beneath three  walnut shells or bottle caps. Actor #1 moves moves the caps around and shows victim the cap with the pea under it.  With the encourag encouragement ement of another player player,, also Actor Actor #2,  victim places larger larger and larger larger bets as to to which cap contains contains the pea. The game is ended by Actor #1 when the take is large enough.   Utilitie Utilitiess Impersonat Impersonators ors: Actor ctor impe impers rson onat ates es util utilit itie iess employees by wearing jumpsuits with name tags. Actor approaches victim with story about a gas leak or electrical surge to gain entry to the home. Valuables are taken by  actor.

 

Types and Schemes of White Collar Crimes 

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 VCR Scam Scam: Actor purports to sell new VCR's or televisions at an extremely low cost due to his connection connec tions. s. Victim pays pays for the V VCR CR or televisio television n onl only  y  to disc discov over er that the bo boxx has been filled w with ith rrocks ocks..  West est Af Afri rica can n In Inv ves estm tmen entt Sc Scam amss: Actors target businesses and obtain business' bank account informat info rmation ion fr from om wh which ich all funds are lat later er with withdr draw awn. n.

 

THE CONVENTIONAL CRIMES 

 Conv onven enti tio ona nall crim crimes es ar aree th tho ose tr trad adit itio iona nal, l, ille illega gall behaviors that most people think of as crime. Most crime is conventional crime. Non-conventional crime may be organized crime, white-collar crime, political crime, etc. Conventional crimes are groups of crimes catteg ca egor oriz ized ed as vi vio olen entt cr crim imes es (i (in nde dexx cri rim mes) es) an and d property crimes. It has been argued that cyber crime is  just a con convent ventional ional crime com committ mitted ed with high-t high-tech ech devices.

 

THE CONVENTIONAL CRIMES 

 Violent Crimes -  Violent crimes are criminal acts, which in the threat of or actual physical harm by an offender to a victim. It presents not only index offenses that every one recognizes as  violent (murder (murder, , trape, other acts inv involving force forcmonl e and intim int imida idati tion on but bu al also sorobbery)   “viole “violent ntor crimes cri mes” ”   that tha t olving are are commo om nly  y  categorized categ orized as “social problem”  such as domestic violence, child abuse,, elder abuse elder abuse abuse,, etc. etc.

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  Viol Violen entt ac acts ts ar aree in the the fo form rmss of:   Interpersonal Violence - Forcible Forcible Rape. Murder Murder,, Serious Assault, Family amily Viole Violenc nce, e, Robbery  Robbery    Political Violence - Terrorism Terrorism   Collective Violence - Riots, Mobs, Crowds, Urban Violence

 

THE CONVENTIONAL CRIMES 

 Property Crimes - are crimes of economic interest. It includes those crimes that would most commonly be ca cat teg egor oriz ized ed s thef he ft in to oroffenses din inaary la lang ngua uag ge.unlawful It also lso includes but anot limited such as entry ent ry to commi ommitt thef theft, t, shop shopli lift ftin ing g, va vand ndal alism ism,, an and d arson. ars on. Prop Propert ertyy crime crimess aare re als also o in the fo forms rms of:

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 Occasional Property Crimes - Shoplifting, Vandalism, Motor Mot or vehicle theft, Check Fo Forg rgery  ery   Co Con nvent entio ional nal Prope Property rty Crimes Crimes - Burgl Burglary ary/un /unla lawf wful ul entry to com commit mit theft, Fenc Fence, e, Larceny/Theft Larceny/Theft

 

THE CONVENTIONAL CRIMES   Vi Viol olen entt Cr Crim imes es (Ind (Index ex Crim Crimes es)) 

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  Murder – is the unlawful killing of human being with malice and with  violence”   Serial Serial Mur urder  der    – – an act the “act of  killing of severa several  victims in violence” three or .more separ separate ate inciden incidents ts involving ov over er a we week, ek, a month orl  year..  Mass Murder   –  it is the killing of four or more victims at one  year  –  the killing of in two or more location with one event.  Spree Murder  – locations with almost n no o time break between between murders murders..  Homicide and Assault - Homicide -  Homicide is also unlawful killing with out the qualifying qualif ying circumstance circumstancess of murder murder.. It is generall generallyy regarded as the most commonly committed of all the index crimes (based on the UCR  offenses). Assault is called   “unlawful “unlawful attac attack” k”   to another person purposely to harm or inflict physical injuries. It is a crime that involves offering to to give bodily harm to a pe person rson or placing the person in fear fear..

 

THE CONVENTIONAL CRIMES 

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 Robbery - INTERPOL defined robbery as “violent theft”. It is the taking of property belonging to another with intent to gain by means of force upon things, violence of  intimidati intim idation on against against the person. person. It could could be in the form of:

  Robbery of person – “hold up cases”   Robbery in open place following sudden attack   – “snatching  Robbery in cases” private premises – “forcible “forcible entry”   Robbe Robbery ry after after preli prelimin minary ary associ associati ation on of short short durati duration on between betw een victims victims and offender offender   Robbery in case of previous association between between victim and offender.

 

Types of Robbers 

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  The The Pr Prof ofes essi sion onal al Rob obbe berr   –   ro robber who has long-term commi ommitm tmen entt to th thee cr crim imee of robbe obbery ry as a ma majo jorr sour sourcce of  livelihood.  –  the commonly known as  “bandits”,  one who  The Opportunist has little commitment to or specialization in robbery and one  who is all purpose purpose property offender. offender.   The Addict Robber – one who committed the crime of robbery to support suppo rt the drug habit. (Unplanne (Unplanned) d)

 The Alcoholic Robber  like tto the addict robber engages robbery rob bery occasio occasionall nallyy in  –order o support supp ort his habit.who (Unplanned (Unp lanned))to  The Muggers – they are the most feared robbers. They are semiprofessional robbers who are sometimes called  “strong   armed robb ro bber ers” s” –   the st strree eett rob obbe bers rs wh who o commi ommitt every everyth thin ing g fr from om snatching snat ching to the brutal brutalizatio ization n of the victim. victim.

 

How the Organized Crime Group Works? 

  For the orga organiz nizatio ation n to wo work rk ther theree must be:

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 An Enforcer   –  one who make arrangements for killing and injuring (phys (ph ysica ically lly,, ec econ onomi omical cally ly,, psy psycho cholog logic icall ally) y) the mem member berss or non non-members.

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  A Co Corr rrup uptter   –   one one who br brib ibes es,, bu buyys, in inti timi mida dattes, es, th thrrea eatten enss, negotiates, and “sweet talks” into a relationship with the police, public officials or any else who mig might ht help the members secu security rity and main maintain tain immunity immun ity from arre arrest, st, prose prosecuti cution on and puni punishmen shment. t.

  A Co Corr rrupt uptee ee   –   a publ bliic of offi fici ciaal, usu sual allly no nott a me memb mbeer of the orga or gani niza zati tion on fa fami mily ly,, who ca can n wiel wield d in influe fluenc ncee on be beha half lf of th thee organization’s interest.

 

Characteristics of Organized Crimes 

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  It is a conspiracy activity involving coordination of  members.  Ec Econo onomic mic gai gain n is the the p prim rimary ary goa oal. l.  Ec Econom onomic ic gain is achie achieve ved d thr throug ough h ill illegal egal m means eans..  Em Empl plo oys predat edato ory ta taccti ticcs su such ch as inti intim mida idati tio on,  violence and corr corruption. uption.  Ef Efffec ecttive contr trol ol over mem embe berrs, ass sso ociat iates es,, and  victims.  Organized crimes does not include terrorist dedicated to poli politica ticall cchang hange. e.

 

Generic Types of Organized Crimes 

 Pol olit itic ical al Gr Graf aftt   –   man manned by political criminals (Political Graft), who use of force and violence of a means toaims obtor ainambitions. profi fitt orAn gaexample in, and of orthis achisievote ving political buyi bu ying ng,, an and d th thee em empl plo oym ymen entt of pri privat vate armi armies es to control contr ol a certain political area.

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 The Mercenary/Predatory Organized Crime   –  crimes committed by groups for direct personal profit but prey upon unwilling victims. Example: extortionist/racketeer

 

Generic Types of Organized Crimes 

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  In – Group Oriented Organized Crime – groups manned by  sem se mi orga organ nized ized indi ndivid vidual ual whose ose major ajor goals oals are are for psychological psych ological gratification such as adolescent gangs. Example: Motorcycle Gangs  Syndicated Crime   –  the organization that participates in illi illici citt acti activi vity ty in soci societ etyy by the the use use of for force, thr threat, eat, or   –  whose intimidation. group with a formalwhich structure purpose is to The provide elicit services, are in strong public demand through the use of secrecy on the part of  the associates. There is assurance of protection necessary  for its operations through political corruption or avoidance

of prosecution p rosecution..

 

EXPLAINING ORGANIZED CRIME THROUGH THEORIES 

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  Stra Strain in theory -Dur -Durkh khei eim' m'ss theo theory ry of anom anomie ie is th thee basi basiss for for strain theory, at least in so far as "anomie" is translated as "dere "de regul gulati ation. on."" It shoul should d be noted noted that that cont ontro roll theori theorist stss also also trac tr acee thei theirr insp inspir iraati tion on to Durkhei kheim m, and and have tran transl slat ated ed "ano "a nomi mie" e" as "nor "norml mles essn snes esss." Du Durk rkhe heim im's 's in inff luenc luencee has has been been extre ext remel melyy broa broad d in crimino criminolo logy gy and soci sociolo ology gy.. His view view that social forces forces caused crime was extremely extremely rradical adical at the time.   Stra Strain in (st (stru ructu ctura rall strain strain)) refer referss genera enerall llyy to the pr proc ocess esses es by   which inadequate in adequate regulation at the societal level filters down to how the individual perceives his or her needs. Strain (individual strrai st ain) n) refer eferss to th thee fr fric icti tion onss and and pain painss expe experi rien encced by the the indi in divvidu idual as they they look look for ways to mee eett thei theirr need needss (the (the motivational mechanism that causes crime).

 

STRAIN THEORY 

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  The theory assumes fairly uniform economic succ success ess aspirations across social class and the theory attempts to explain why crime is concentrated among the lower classes that havee the least legitim hav legitimate ate opportunitie opportunitiess for achiev achievemen ement. t.   Conformity   Merton rrecognized ecognized as theby most most of the fivemeans modes. During this mode, people strive conformity to obtain success the common most puretype conv conventional entional available.   Innovation   Du Duri ring ng inno innova vatio tion, n, Mer erto ton n iden identif tified ied a mi mini niscu scule le,, bu butt su subs bsta tant ntial ial ch chan ang ge in the perspective of the people whose mode is still in conformity and that of whom has shifted to innovation. The people continue to seek success; however however by innovation they strive to obtain the success by taking advantage of illegal goals available to them in place of less

conventional means in order to attain succ success. ess.   promising Rebellion conventional   Merton suggested that by the time people reach the mode of rebellion, they have completely rejected the story that everybody in society can achieve success and have loomed into a rebellious state. They neither trust the valued cultural ends nor the legitimate societal means used to reach success. Instead, these people replace such ideas  with irrational objectives to include the violent overthr overthrow ow of the syste system m altog altogether ether..

 

THEORY STRAIN   Retreatism  

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  Identified by Merton as the escapist response of the five modes, retreatism occurs when people become practically dropouts of society. They give up all goals and efforts to achieve success because they view it as an impractical, impossible, almost imaginary, and irrational possibility. Merton attributes this mode as the one to which drug addicts, alcoholics, vagrants, and the severely  mental ill function because their reactions to not being able to obtain success by legitimate means represses them from society. society.   Ritualism   Durin During g ri ritu tual alis ism, m, the the final final mode mode,, peop people le re real aliz izee that that they they hav have no real real opportunity to advance in society and accept little relevance that they have. It is in this mode that people concentrate concentrat e on the retaining what little they possibly  gained or still have in place of concentrating on a higher yield of success. They  return to adhering to conventional norms in hopes of maintaining the few possessions or possible gains that they have have attained. For many members of the urban lower socioeconomic socioeconomic populous and disadvantaged minorities this period per iod of short-lived and slightly increased gains takes nearly a lifetime to obtain and to recognize its worth in a modern industrial society.

 

EXPLAINING ORGANIZED CRIME THROUGH THEORIES 

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 Sutherlands   Diffe Different rential ial Association Association   Theory suggests that people commit crime by learning in a social context through their interactions with others and communication with them. He be beli liev eved edand crim crimin inal al be beha havi viou ourr is the lear learne ned d by int intof er erac acti tion on with with others, this includes learning techniques committing thee cri th crime, and and th thee moti tivves, es, dr driives es,, ratio ationa nallizat izatio ions ns,, and and attitudes atti tudes for commit committing ting it.   SO SOCI CIAL AL DISO DISOR RGANI GANIZA ZATI TION ON THE THEOR ORIE IES S OF CRIM CRIME E- It basi ba sica call llyy re refe fers rs to th thee fa fail ilur uree of soci social al insti institu tuti tion onss or soci social al organizations (e.g., (e.g., schools, business, policing, real estate, group netw ne twor orki king) ng) in cer erta tain in commu ommuni niti ties es and/ and/or or nei neigh ghbo borh rhoo oods ds (although nothing prohibits such theories from being couched at the "macro" "macro" lev level el to talk talk about all of society). It has its origins in the study of ecology, which is the examination of relations between betw een an organism organism and its enviro environment. nment.

 

EXPLAINING ORGANIZED CRIME THROUGH THEORIES 

 Cultu ulturral de devi vian ancce th theo eory  ry : The major tenet of  cult cu ltur ural al de devi vian ancce theo theory ry is that that con onfformit rmityy to the the prevailing cultural oftur lower class society crim cr ime. e. Lo Low w er cl clas asssnorms su subc bcul ultu re ha has s a un uniq ique ue causes se sett of   values and beliefs, beliefs, which are inva invariably riably in cconf onflict lict with conventional social norms. Criminality is an expr ex press ession ion of conf confor ormit mityy to low lower cla class ss subcu subcult ltur ural al  values.. Members of the working  values working class commit commit crimes as they respond to the cultural norms of their own class in an effort to deal with problems of social   – middlee clas middl classs- adjustment adjustment..

 

EXPLAINING ORGANIZED CRIME THROUGH THEORIES 

 Albert Cohen (1918) - He advocated the Sub-Culture Theory of Delinquency . Cohen claims that the lower class cannot socialize effectively as the middle class in.  what is co considered nsidered appro appropriate priate middle class behavior beha vior. Thus, the lower class gathered together share their common problems, forming a subculture that rejects mi mid ddl dlee clformation. ass valu luees.  Much Cohenof cthis alled lledbehavior thi hiss prcomes oc oceess to as reaction be called delinquent behavior; the subculture is called a gang and the kids are called delinquents. He put emphasis on the explanation of prevalence, origins, proc pr ocess ess and pur purpo poses ses as fac facto tors rs to cr crime ime..

 

EXPLAINING ORGANIZED CRIME THROUGH THEORIES 

 La Lab bel elin ing g th the eor ory: y:   people people bec become ome cri crimin minal alss wh when en significant members of society label them as such and they accept those labels as a personal identity. Throughout their lives people are given a variety of  symbolic labels in their interactions with others. These labels imply a variety of behaviors and attitudes; labels thus help define not just one trait but the whole person. If a devalued status is conferred by a signifi ficcant other, the negative label may cause permanent harm h arm to the targ target. et.) -

 

EXPLAINING ORGANIZED CRIME THROUGH THEORIES 

  Frank Tennenba ennenbaum, um, Edwin Lemert, Lem ert, Howard Becker (1822 – 1982)

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 Being home,perceived at woras k, a social at scdeviant hool amay nd affect in ththeir e otreatment ther sociat al situ si tuat atio ions ns.. Label Labeled ed pers person onss ma mayy find find them themse sellves tu turn rnin ing g to others similarly stigmatized for support and companionship. Law is differentially applied, benefiting those  who hold economic and social power power and penalizing the powerless. Labeling theory is not concerned with why people originally engage in act that result in their being labeled. Its conce co ncern rn is with criminal criminal car career eer formation formation and not the origin origin of  criminal acts. acts. A person is deviant primaril primarilyy because of the social distance between the labeler and the labeled.  The theory that expl ex plai ains ns ab abou outt soci social al react eactio ion n to beha behavi vior or

 

EXPLAINING ORGANIZED CRIME THROUGH THEORIES 

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  Social Social Contr Control ol Theory  Theory   as repr epresen esentted in the the work ork of  Travis HirschiHirschi- It proposes that exploiting the process of  socialization   and   social learning   builds self-control and reduces the inclination to indulge in behavior recognized as antisocial. Refers also as to those processes processes by which the community influences its members toward conformance  with established norm of behavior. behavior.   Differ Different ential ial-op -oppor portun tunity ity theory  theory - observa rvations that legit leg itim imat atee oppo opport rtun unit itie iess to purs pursue ue cult cultur ural ally ly appr approved goals are socially structured and unevenly distributed— especially by  class.  class. Differential-opportunity Differential-opportunity theory extends this notio tion of sociall llyy structured unequal access to delinquency delinque ncy and criminality crimin ality.. Llo  Lloyd yd Ohlin (1928) (1928)

 

TYPES OF MAFIA  

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 What is a MAFIA?  Mafia is a term used to describe a number of   criminal organizations around the world. The first organization to bear the label was the Sicilian the  Sicilian Mafia based Mafia based in Italy  in Italy , known to its members as Cosa as Cosa Nostra  In the  United States, States, "the Mafia" generally refers to the  American Mafia Mafia.. Other powerful organizations described Chinese   Triads, Triads , the   Albanian  Russian Mafia Mafia, Mafia,,,  Bosnian the  Irishmafia, the Irish mafia Mob Mob,, the as mafias include the the Russian Mafia  Japanese Yakuza  Japanese  Yakuza,, the Neapolitan Camorra Neapolitan  Camorra,, the Calabrian 'Ndrangheta angheta,, the Indian the  Indian Mafia, Mafia, the Unione the  Unione Corse Corse,,  Serbian Mafia,, and the Bulgarian Mafia the Bulgarian mafia. mafia. There are also a number of  localized mafia organizations around the world bearing no link to any specific racial racial background. background.

 

TYPES OF MAFIA 

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  Sicilian Mafia (based in Sicily) The Sicilian Mafia formed in the mid-1800s to unify the Sicilian peasants against their enemies. In Sicily, the word Mafia tends to mean  “manly .”  The Sicilian Mafia changed from a group of honorable Sicilian men to an organized criminal group in the 1920s.   Camorra or Neapolitan Mafi fia a (based in Naples) Thee word Th ord   “Camorra”   mean meanss ga gan ng. The Cam Camorra rra fi firrst appeared appea red in the mid-1800s mid-1 800s in Naples, Naple s, Italy Italy,, as a prison gang. Once released, members formed clans in the cities and continued to grow in power. The Camorra has more than 100 clans and approximately 7,000 members, making it the largest larg est of the Italian Italian or organized ganized crime groups. groups.

 

TYPES OF MAFIA 

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Ndrang ngh heta eta or Calab labrian Mafi fia a (based in Calab labria) The word “’Ndrangheta” comes from the Greek meaning courage or loyalty. loyalty. The ’Ndranghet Ndranghetaa formed in the 1860s when a group of  Sicilians was banished from the island by the Italian government. They settled in Calabria and formed small criminal groups.  Sacra Corona Unita or United Sacred Crown (based in the  ’

Puglenforcement ia rein giothe n) Law became aware of the Sacra Corona Unita late 1980s. Like other groups, it started as a prison gang. As its members were were released, they settled in the Puglia region in Italy  Italy  and continued to grow and form links with other Mafia groups. The Sacra Corona Unita is headquartered in Brindisi, located in the southeas southeastern tern region region of Pugl Puglia. ia.

 

MAFIA 

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 Organized crime groups, whether traditional mob families or street gangs, gang s, h hav avee a n numbe umberr of ccommon ommon char charact acterist eristics: ics:   Organized crime thrives on supplying illegal goods and services for  which a larg largee fifteen number of people are w willing illing pay pay.. For example example, , in 1999 an estimated million Americans usedtoillegal drugs, 75 percent of   whom used mariju marijuana. ana.  The goal of organized crime groups is to make money; members also gain a se sense nse of pride, po power wer,, and prote protection. ction. pyramid pow power er   structure like legal   Groups have what is called a   pyramid boss  called the chief  businesses. In legitimate businesses, there is  a boss called execu ex ecuti tive ve offic officer er (CE (CEO) O),, under the CEO are   vice vice pr presi esident dentss, treasurers, advisors, accountants, lawyers, lawyers,  technical staff , and so on. Organized crime has a boss, advisors who work closely with the boss and assign tasks to different crews, captains who run the different crews, soldiers who carry out the physi physical cal wor work k and act out tasks from collecting money to killing people, and men with special skills.

 

MAFIA 

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  Membe embers rs are are extr extrem emel elyy loy loyal and and commi ommittted; ted; they they go through initiation rituals, take oaths, and swear to sec secrecy recy..  Punishment for members who stray might be demotion to a lower lower rank or, or, depending on their offense, death.  Omerta   is the code of the OC which have two major principle the following are;   Follow ollow your superior superior   Keep silent   Any Any violati violation on of the code, ode, death death is is the the conseq onsequen uencce

 

Asian Criminal Ent Enterprises erprises 

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 Asian criminal enterprises have been operating in the U.S. since the early 1900s. The first of these groups evolved from Chin Ch ines esee tong tongss—so soccial ial organi anizati zatio ons form ormed by ear early  Chinese-American immigrants. immigrants.   Ther There e are are two two cat categori egories es of Asi Asian an cr crim imin inal al en entterpr erpris ises es. Trad radition itional al criminal criminal   enter enterpr pris ises es incl includ udee the the Chin Chines esee triads (or underground societies) based in Hong Kong, Taiw aiwan, an, and and Macau acau as well ell as the the Japan apanes esee Yakuz akuzaa or Boryokudan.   NonNon-tr trad adit itio iona nall crimi crimina nall   enterprises incl in clud udee grou groups ps such such as Chin Chines esee crim crimin inal ally ly inf inf luen luencced tongs, triad affiliates, and other ethnic Asian street gangs found in several countries with sizeable Asian communities.

 

Asian Criminal Ent Enterprises erprises  

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  Transnational ransnational crime refers to crime crime that  that takes place across national borders national borders   The word "transnational" "transnational"   describes crimes that are not only international (that is, crimes that cross borders between countries), but crimes that by their nature involve border crossings as an essential part of the criminal activity. Transnational crimes also include crimes that take place in one country, but thei th eirr conse onsequ quen encces si sign gnifi ifica cant ntlly af affe fect ct anot anothe herr cou ount ntry ry.. Ex Exam ampl ples es of  traffic affickin king g,   people   smuggling, tr tran ansn snat atio iona nall crim crimes es incl includ udee the the   human human tr smuggling, smuggling/trafficking smuggling /trafficking of   goods (such goods (such as arms as arms trafficking ng and  and drug  drug trafficking), sex slavery , pedophilia  pedophilia and  and (non-domestic) terrorism (non-domestic) terrorism..   The crimeand of unlawfully carrying carr ying awa away y awill person fintent orce or Fraud orto  Fraud, or seizing detaining aseizing personand against his or her with by an force carry , that person away away at a later later time.   The Philippine jurisprudence jurisprudence defines kidnapping for rans ransom om as “the unlawful taking and carrying away of a person by force or fraud or against his will, or in any manner depriving him of his liberty for the purpose of extorting ransom as payment paym ent for his/her release. release.”

 

TEN THREATS BY HIGH LEVEL THREAT PANEL OF THE U.N. 

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ten thr threat eatss   iden   The   ten identi tifie fied d by th thee   High High Le Levvel Th Thre reat at Pan anel el   of  the United the  United Nations are these:   Poverty    Infectio Infectious us dise disease ase   Environmental degradation   Inter-state war Inter-state war  Civil war   Genocide   Other Atrocities Other Atrocities (  (e.g., trade in women and children for sexual for sexual slavery , or kidnapping or  kidnapping for bod y parts parts))  Weapon of mass destruction  destruction   (nuclear proliferation,  proliferation,  chemical weapon proliferation,, biological weapon proliferation) proliferation proliferation)   Terrorism   Transnational organized crime

 

How We We Combat Asian Criminal Enterprises? (FBI) 

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  The The FBI FBI part partic iciipa pattes in diff differ eren entt worki orking ng grou groups ps and and initiatives to combat Asian organized crime on an

  international The The FBI/ FBI/N Natio atlevel: iona nall Polic olice e Agen Agency cy of Japan apan Worki orking ng Group   meets annually to discuss ongoing investigations and policy policy matte matters rs for for sharin sharing g intell intellig igenc ence, e, inter interag agenc ency  y  investigativ inv estigativee support, and FBI extraterritorial extraterritorial operations in  Japan.  Project Bridge  is a working group under Interpol to help member countries coordinate investigations and info in form rmat atio ion n shar sharin ing g be betw twee een n poli policce agen agenci cies es to fight fight  Asian-alien smuggling syndicat syndicates. es.

 

How We We Combat Asian Criminal Enterprises? (FBI) 

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 The Interagency Working Group on Alien Smuggling  coordinates policy discussions and examines investigative issues relating to alien smuggling and the trafficking of women and children. It is sponsored by the Na Natio tiona nal l Sec Securi urity  ty   Council’s   Special Special Coo Coordi rdinat nation ion Gr Group oup on International Crime.   The The In Inttern ernat atio ional nal As Asia ian n Orga Organi nize zed d Crim Crime e Conf Confer erenc ence e   meets annually, bringing together law enforcement agencies from around the  world  wor ld to discuss new trend trendss and exch exchange ange ideas on combat combating ing Asian organized crime.   cross-border The Canadian/Unit Canadian/United ed Stat States eseffective Cr Cross-Border oss-Border Crime F orum orum addresses  addresses crime issues and coordination between the U.S. and Canadian Canadian la law w enforc enforcement. ement.   Th The e In Intter erna nati tion onal al La Law w En Enfo forrceme ement Acade cadem my    in Ba Bang ngk kok ok,, Thailand, is run with assistance from the FBI and Australi Australian an federal law enffor en orcceme men nt agenci cies es.. The ac acad adeemy provid idees tr traain inin ing g to la law w enforc enfo rcemen ementt ag agent entss from sev severa erall South Southeast east Asian ccount ountries ries..

 

CRIMES COMMITTED BY THE ORGANIZED CRIMINALS 

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 Kidnapping- However, most cases of kidnapping particularly  those tho se under undertak taken en by cri crimin minal al gr grou oups ps,, reve reveale aled d the fo follo llowin wing g stages:  Spotting . The first f irst step in planning a kidnapping operatio operation n is to come up with a shopping list of three to four possible targets that are capable of paying a huge amount of ransom. Targets are usually usual ly businessmen businessmen of Chines Chinesee descent. descent.   surveillance Surveillanceand   . investigation. Targets are tThe hen investigation subjected to a thoon routhe gh focused financia finan ciall ca capab pabili ility ty,, hom homee add addre ress ss and plac placee of work work,, phone phone numbers, complete description of the vehicle being used, travel routes, identities of household helpers, drivers and employees, and personal security of potential targets. targets.

 

STAGES IN KIDNAPPING 

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 Risk analysis and target selection  . After a thorough investigation, the group selects one of the targets, which present a lower risk and difficulty in ransom negotiation. In some cases, the group selects the one whom the group had gathered the informatio tion fir first. In order to enhance precision in their operation, some group send out members of the the syn syndicat icatee to appl applyy as dri drivers ers, empl emplo oyees ees, and and household hous ehold helps helps to gain further further acces accesss on the targ target. et.   Seizin Seizing g of vict victim im . The time allotted for forcibly taking the  victim is usually two to three hours. The victim is usually  forcibly taken on his/her way to place of work or while going home after work. Most of the victims are successfully  intercepted while crossing road intersections or traveling along highly traveled streets.

 

STAGES IN KIDNAPPING 

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  Negotiation . Ransom demand may range from PhP1 million to PhP100 million, depending on the paying capacity of the victim and an d th thee oper eraati tio onal nal capabi pabili litty of the grou group p. The wea eak kes estt member of the victim's family is usually selected by the syndicate to act as negotiator, warning the latter not to report the incident to the co conc ncerned erned polic policee authoritie authorities. s.  Collection of Ransom.  After the ransom has been negotiated, theough group a pay-off procedure. Thepayransom usually  br brou ghtt towill a design pr pred edes esig igna nate ted d site siproc te.. edure. In some some pa y-of offf situ siistuat atio ions ns however how ever,, the ransom courier is usually instructed to bring along a cellular phone for ease of communication during the actual pay-off. There were instances where couriers were given a roundthe-bush before before reaching the final pay-off venue. venue.

 

CRIMES COMMITTED BY THE ORGANIZED CRIMINALS 

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 Terrorism   in the Philippines are are conflic flicts based on political issues conducted by rebel organizations against the Philip Philippin pinee govern overnmen ment, t, its citiz citizens ens and suppor supporte ters rs.. Most terrorism in the country are conducted by  Islamic   Islamic terrorist  groups. The most active  active   terrorist  groups in the Philippines Philippines are  are the Moro the  Moro Islamic Liberation Front Front,,  Moro Natio Na tional nal Lib Liber erati ation on Fr Fron ontt,   A Ab bu Sa yaf ,   Raj Rajah ah Sul Sulaim aiman an Movement  and Jemaah Movement and Jemaah Islami yah  yah..   Computer crime refers to any crime that involves a computer and a network, where the computers may or may  not have have played an instrumental part in the commission commission of  the crime (Moore 2000). Netcrime refers, more precisely prec isely,, to criminal exploitation of the Internet.

 

Law in the Philippines is R.A 9372  

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  REPUBLIC ACT NO. NO. 9372   AN ACT TO SECURE THE TH E STATE STATE AND PROTECT PROTECT OUR PEOPLE FROM TERRORISM  Be it enacted by the Senate and House of Representative of the Philippines in Congres Congresss Assembled:  Section 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of of 2007.”  Sec. 3. Terrorism. - Any person who commits an act punishable under any of the follow following ing provisio provisions ns of the Revised Revised Penal C Code: ode:  a. Article 122, (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);  b. Article 134, (Rebellion or Insurrection);  c. Article 134-a, (Coup d' Etat), including acts committed by  privatee persons; privat

 

Law in the Philippines is R.A 9372     

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 d. Article 248, (Murder);   e. Article 267, (Kidnapping and Serious Illegal Detention);  f. Article 324, (Crimes Involving Destruction), or under:   1. Presidential President ial Decree No. 1613, (The Law on Arson);   2. Republic Act No. 6969, (Toxic Substances and Hazardous and Nuclear Waste Control Control Act of 1990);  3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Liabi lity Act of 1968); 1968);   4. Republic Act No. No. 6235, 6235, (Anti-Hijacking (Anti-Hija cking Law);   5. Pres Presid iden enti tial al Decr Decree ee No. 532, 532, (Ant (Antii-Pi Pirracy acy and and Anti Anti-Highway Robber Robberyy Law of 1974); 1974); and

 

Law in the Philippines is R.A 9372 

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  6. Pres Presid iden enti tial al Decr Decree ee No. 1866 1866,, as amen amende ded d (Dec (Decrree Codifying the Laws on Illegal and Unlawful Possession, Manu Ma nufa fact ctur e,munitions Deal Dealin ing g in in, Acqu Acquis isiti ition on or Disp Dispos osit itio ion n of  Firearms Firearms, , ure, Ammunitions Am or, Explosives) Explosiv es)  Thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suff su ffer er the the penal penalty ty of fort fortyy (40) (40) years ears of impr impris ison onme ment nt,,  without the benefit benefit of parole as provided provided for under under Act N No o. 4103, otherwise known as the Indeterminate Sentence Law, as amended.

 

Law in the Philippines is R.A 9372 

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 Sec. 7. Surveillance of Suspects and Interception and Recording of  Communications. -The provisions of Republic Act No. 4200, (Anti Wire Tapping Law) to the contr contrary ary notwithstandin notwithstanding, g, a police or law enforcement officialofand the members his team and may,record, upon awith written order of the Court Appeals, listen to,ofintercept the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any  other suitable ways and means for that purpose, any communication, message, conv conversation, ersation, discussion, or spoken or written words words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspe sus pect cted ed of the cri crime me of te terr rrori orism sm or consp conspir iracy acy to co commi mmitt tterr errori orism. sm.   Provided, That surv rveeillance, interception and recording of  communications between lawyers and clients, doctors and patients,  journalistss and their sources  journalist sources and confiden confidential tial business correspondenc correspondencee shall not be be authoriz authorized. ed.

 

Law in the Philippines is R.A 9372 

  Sec. 8. Formal Application for Judicial Authorization. Authorization. - The  written order of the authorizing division division of the Court of   Appeals to track down, tap, listen to, intercept, intercept, and record record communications, messages, conversations, discussions, or spoken or written words of any person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall only be granted by the authorizing division of the Court of Appeals upon an ex-parte written application of a police or of a law enforcement enforcement official who has been duly authorized in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination under oath or affi af firm rmat atio ion n of the the appl applic ican antt and and the the witn witnes esse sess he may  may  produc prod ucee to establish: establish:

 

Law in the Philippines is R.A 9372 

  Sec. 8. Formal Application for Judicial Judicial Authorization   (a) that there is probable cause to believe based on

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personal knowledgeorofconspiracy facts or circumstances that the said crime of terrorism to commit terrorism has been committed, or is being committed, or is about to be committed;   (b) that there is probable cause to belie lieve based on

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periden pe rsenc oncae, l kwnhoich whledisgeess f tial faalctsto othe r e cicrocn uvic mcstio taonncesof tany  hat ev evid ic eso senti en th vi ti an y  char ch arg ged or susp suspec ectted pers person on for for, or to the the solu soluti tion on or prevention of, any such crimes, will be obtained; and  (c) that there is no other effective means readily available

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for acquiri acquiring ng such evidence. evidence.

 

Law in the Philippines is R.A 9372 

 Sec. 9. Classification and Contents of the Order of the Court. The written order granted by the authorizing division of the Court of Appeals as well as its order, if any, to extend or renew the applsame, icationthetooriginal extendapplication or renew newof, the if applicant, any, and including the writthis en authorizations of the Anti-Terrorism Council shall be deemed and are hereby declared as classified information: Provided, That the person being surveilled or whose communications, letters, papers, messages, conversations, discussions, spoken or written  words  wor ds and effects have have been monitored, monitored, listened to, to, bugged or recorded by law enforcement authorities has the right to be informed of the acts done by the law enforcement authorities in the premises or to challenge, if he or she intends to do so, the legality of the interference before the Court of Appeals which issued written The written orderthe of following: the authorizing divisionthe of the Courtorder. of Appeals shall specify

 

Law in the Philippines is R.A 9372 

 (a) the identity, such as name and address, if known, of the char ch arg ged or susp suspec ectted pers person on whose hose commu ommuni nica cati tion onss, messages, conversations, discussions, or spoken or written  words  wor ds are to be tracked tracked down, tapped, listened to, to, intterc in ercept epted, ed, and and reco ecorded and and, in the the case ase of radio adio,, electronic, or telephonic (whether wireless or otherwise) communications, messages, conversations, discussions, or spok sp oken en or writ writtten words ords,, the the elec electr tron onic ic tran transm smis issi sion on systems or the telephone numbers to be tracked down, tapped, listened to, intercepted, and recorded and their loccations or if the person suspected of the lo the crime of  terrorism or conspiracy to commit terrorism is not fully  known, such pers erson shall be subject to continuous surveillance sur veillance provided there is a reasonable ground to do so;

 

Law in the Philippines is R.A 9372 

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  (b) the identity (name, address, and the police or law enfo en forrcemen ementt orga organi niza zati tion on)) of the the poli policce or of the the law law enfo en forrces, emen em entdres t esse offic ofses, ficia l,and incl includ udin g licthe th indivi vidu dual iden idemen enti tity  ty  (n (nam ames , addr ad s,ial, and the th e ing poli po cee orindi law law enfo enalforc rcem ent t orga or gan nizat izatiion) of the the mem members ers of his team eam, jud judicial ciallly  authorized to track down, tap, listen to, intercept, and reccord re ord the the commu ommuni nica cati tion ons, s, mess messag ages es,, conv onversa ersati tion ons, s, discussio disc ussions, ns, or spoken spoken or written written words; ords;  (c) the offense or offenses committed, or being committed, or sought sought to be prev prevent ented; ed; and   (d) the length of time within which which the authorization authorization shall be used used or or carried carried out. out.

 

Law in the Philippines is R.A 9372 

  Sec. 11. Custody Custody of Intercept Intercepted ed and Recorded Recorded Communications Communications..  All tapes, discs, and rec recordings ordings made pursuant to the autthori au horiza zati tio on of the auth tho ori rizi zing ng div divisio ision n of the Cour ourt of   Appeals, including all excerpts excerpts and summaries thereof as well as all written notes or memoranda made in connection therewith, shall, within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of  the Court of Appeals or within forty-eight (48) hours after the expiration of any extension or renewal granted by the authorizing division of the Court of Appeals, be deposited with the authorizing Division of the Court of Appeals in a sealed envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit of the applicant police or law enforce enfor cement ment official official and the the me members mbers of his team. team.

 

Law in the Philippines is R.A 9372 

  In case of death of the applicant or in case he iiss physica physically lly disabled to execute the required affidavit, the one next in rank to the applicant among the members of the team named in the written order of the authorizing division of the Court of Appeals members of the team that requir required ed affida affidavit. vit. shall execute with the

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  It shall be unl unlaw awful ful for any pers person, on, polic policee office officerr or an anyy cust custodia odian no off the tapes, discs and recording, and their excerpts and summaries, written notes or memoranda to copy in whatever form, to remove, delete, expu ex pung nge, e,ted in inci cine ner rat ate, e, sh shrredoror de dest roy inany anpret y ma mann er th thee er. it item enumerated enumera abo above ve iin n whole in pa part rtstrunder pretext extnner whatsoev whatsoever .emss   Any person who removes, deletes, expunges, incinerates, shreds or destroys the items enumerated above shall suffer a penalty of not less than six years and one day tto o tw twelve elve (12) yyears ears of imprisonment.

 

Law in the Philippines is R.A 9372 

 Sec. 17. Prescription of Terrorist Organizations, Association, or Group of Persons. - Any organization, association, or group of  persons organized for the purpose of engaging in terrorism, or  which, although although not not o organized rganized ffor or that purpose, ac actually tually uses the acts to terrorize mentioned in this Act or to sow and create a condition of widespread and extraordinary extraordinary fear and panic am among ong the populace in order to coerce the government to give in to an unlawful demand shall, upon application of the Department of   Justicee before a compet  Justic competent ent Regional T Trial rial Court, with due notice and opportunity to be heard given to the organiza ization, association, or group of persons concerned, be declared as a terr te rrori orist st and outla outlawe wed d organi organizat zation ion,, associ associati ation, on, or grou group p of  persons by the said Regional Trial Court.

 

MONEY LAUNDERING  

 Nature  The term "money laundering" does not derive, as is often said, from Al from  Al Capone Capone having  having used laundromats used  laundromats to hide ill-gotten gains. It is more likely to mean that dirty money is made clean. At some point in the pr proc oces esss ily ther there e art must us a sthat wit wiattcswit h be bet een een en. the tw two o; necessar nec essarily tthe he ist to tobek keep eep th switch chtwhidden. hidd

 

LAW ON R.A. 9194 

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 AN ACT AMENDING REPUBLIC ACT NO NO.. 9160, 9160, OTHERWISE OTHER WISE KN KNOWN OWN AS THE ""ANTI-MONEY ANTI-MONEY LAUNDERING ACT OF 2001"  Sec Sectio tion n 1. Sec Sec.. 3, par paragr agrap aph h ((b), b), of R Repu epubli blicc Act Act No. No. 9160 is hereby hereby amen amended ded as ffollo ollows: ws:  ot "(b "(b) ) 'C 'Co o v er ered ed tra t ransa nsact ction ion' ' is a trans tr ansac actio tion n i in n c cash ash or othe herr eq equi uiva vale lent nt mo mone neta tary ry in inst stru rume ment nt in invvol olvi ving ng a total amount in excess of Five hundred thousand thousand pesos (P500,000.00) (P500, 000.00) wit within hin one (1) banking ba nking day day." ."

 

LAW ON R.A. 9194 

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 Sec. 2. 2. Sec. Sec. 3 o off the sam samee Act Act is furthe furtherr amended amended by insert inserting ing between paragraphs (b) and (c) a new paragraph designated as (b-1) to read as follows:   "(b-1) "(b-1) 'Su 'Suspi spicio cious us tr trans ansact action ion'' are are tr trans ansact action ionss with with cover overed ed institutions, regardless of the amounts involved, where any of  the following circumstances exist:  "1. there there is no underlying underlying lega legall or or trade trade obligatio obligation, n, purpos purposee or economic justification;  "2. the cli client ent is not pr prope operl rlyy ide identi ntified; fied;

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  or "3. financial the amount capacity involv involved of ed theisclient; not com commensurat mensuratee with the busines businesss

 

LAW ON R.A. 9194 

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  Sec. Sec. 2. Sec. Sec. 3 of the sam samee Act Act is fur furth ther er ame amend nded ed by ins inser erti ting ng b bet etw ween een paragraphs (b) and (c) a new paragraph designated as (b-1) to read as follows:   "4. taking into account accou all known knured own circumstanc may perceiv perceived that clie cl ient nt's 's tr tran ansa sact ctio ion n isntst stru ruct ctur ed circumstances, in orde orderr toes,avoi avitoid d bein bebe ing g the the ed subj subjec ectt the of  reporting requirements under the Act;   "5. any circumst circumstance ance relating relating to to the the transa transaction ction which which is observed observed to deviate deviate from the profile of the client and/or the client's past transactions with the covered institution;   "6. the the trans transact action ion is is in any any way way rela relate ted d to an an unla unlawfu wfull activit activityy or offens offensee under this Act that is about to be, is being or has been committed; or   "7. any any tr trans ansact action ion that that is simila similarr or analog analogous ous to any any of the the for foreg egoin oing g."

 

LAW ON R.A. 9194 

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  "SEC. 4. Mo Money ney Laund Launderin ering g Offe Offense. nse. —  Money laundering laundering is a crime  whereby  where by the proce proceeds eds of an unlaw unlawful ful activi activity ty as herein defined are tran transac sacte ted, d, the there reby by mak makin ing g the them m ap appe pear ar to ha have ve ori origin ginat ated ed from from legitimate sources. Itnowin iswing committe committed by the following   "(a) Anysources pers person on. k kno g tha thatt d an any y mone monetary tary inst instrume rument nt or pro proper perty  ty  represents, involves, or relates to, the proceeds of any unlawful activity activity,, tran transac sacts ts or atte attempt mptss to tran transac sactt sai said d mon moneta etary ry inst instrum rument ent or pr prop opert ertyy.   "(b) An Anyy p perso erson nk kno nowin wing g th that at any any m mone onetary tary ins instrum trument ent or pro proper perty  ty  involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitat facilitates es the offense of money  laundering referred refer red to in paragr paragraph aph (a) above.   "(c) Any person know knowing ing that any monetary instrume instrument nt or prope property rty is required under this toC), be fail disclosed and Launderin Laund ering g Coun Council cil Act (AML (AMLC), fails s to do so so." ." filed with the Anti-Money 

 

LAW ON R.A. 9194 

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 Sec Sec.. 55.. Se Sec. c. 7 o off th thee same same Ac Actt is her hereb ebyy am amen ende ded d aass follows:  "SEC  "S EC.. 7. Cr Creatio eation n of Anti-Mo Anti-Money ney Launder Laundering ing Co Council uncil (AMLC).   —  The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of the Bangko of Sentral ng Pilipinas as chairman, Commissioner the Insurance Commission and the the Chairman of the Securities and Exc Exchang hangee Commission as members. The AMLC shall act unanimously in the

discha dis charg rgee of its functi functions ons as defin defined ed he here reund under: er:  

LAW ON R.A. 9194 

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  "(1) to req requir uiree aand nd rrec eceiv eivee cov covere ered d or suspi suspiciou ciouss tr trans ansacti action on rrepo eports rts from covered institutions;   "(2) "(2) to is issu suee or ord ders aad ddress sseed to th thee ap app prop opri riat atee Su Sup perv rviisi sin ng  Authority  Authorit y or the monetary cover covered ed institu institution tion toor determ determine ine subject the trueofidenti identity ty of  the owner of any instrument property a covered transaction or suspicious transaction report or request for assistance fr from om a fo fore reig ign n St Stat ate, e, or be beli liev eved ed by th thee Co Coun unci cil, l, on th thee ba basi siss of  substantial evidence, to be, in whole or in part, wherever located, represe rep resenti nting ng,, in invol volvin ving, g, or rela related ted to to,, dire directl ctlyy or ind indire irectl ctlyy, in an any  y  manner or by any means means,, the procee proceeds ds of an unlawful unlawful activity activity..   "(3) to ins insti titu tute te ci civil vil forf forfeit eitur uree proc procee eedin dings gs aand nd al alll oth other er re remed medial ial proceedings proce edings thr through ough the Office of the Solicitor General; General;   "(4) to caus causee the filing of comp complain laints ts wit with h tthe he Dep Departme artment nt of Justic Justicee or the O Ombud mbudsman sman fo forr the pros prosecut ecution ion of money lau launder ndering ing o offen ffenses; ses;

 

LAW ON R.A. 9194 

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  "(5) to in inve vestig stigate ate susp suspicio icious us tra transac nsaction tionss and and ccov over ered ed tr trans ansacti actions ons deemed suspicious after an inv investigati estigation on by AMLC, money laundering activiti acti vities, es, an and d other viola violation tionss of this A Act; ct;   "(6) to apply before the Court of Appea Appeals, ls, ex parte, for the freezin freezing g of  any monetary instrument or property alleged to be the proceeds of any  unlawfull activ unlawfu activity ity as de defined fined in Sec. 3(i) here hereof; of;   "(7) to impl implemen ementt such meas measure uress as may be nec necessa essary ry and just justified ified under this Act Act to count counteract eract mone moneyy laundering;   "(8) to rece receive ive and take action in respect of, aany ny request from forei foreign gn states for assistance in their own anti-money laundering operations provided in this Act;   "(9) "(9) to de devvelo elop p educ educati ation onal al p pro rogr gram amss on th thee pern pernici icious ous eff effect ectss o of  f  mone mo neyy la laun unde deri rin ng, th thee me meth thod odss and and techn echniq ique uess us used ed in mo mone ney  y  laundering, the viable means of preventing money laundering and the effectivee wa effectiv ways ys of prosecuting and punishin punishing g offenders;

 

LAW ON R.A. 9194 

 "(10) to enlist  "(10) enlist the assista assistanc ncee of any any branc branch, h, dep depart artmen ment, t, bureau, office, agency or instrumentality of the government, including government-owned and -controlled corpo orporratio ations ns,, in unde undert rtak akin ing g any any and and all all anti anti-m -mon oney  ey  laundering operations, which may include the use of its personnel, facilities and resources for the more resolute

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prevention, detection and investigation of money  laundering offenses and prosecution of offenders; and  "(11)  "( 11) to impose impose administr administrativ ativee sanctions sanctions for the violation violation of laws laws,, rule rules, s, regul egulat atio ions ns and and orde orders rs and and resol esolut utio ions ns

issued pursuant thereto.  

LAW ON R.A. 9194 

 SEC. 10.   Fre reezi ezing ng of M Mone onetary tary Ins Instru trume ment nt or Property .   —  The Court of Appeals, upon application ex parte by the AMLC and after determination that probable cause exists that any monetary instrument or property is in any way related related to an unlawful activity a ctivity as defined in Sec. 3(i) hereof, may issue a freeze order  which shall be effectiv effectivee immediat immediately ely.. The freeze order twenty ty (20) (20) days days   unless shall be for a period of   twen extended ext ended by the court." court."

 

Human Trafficking in person 

  refer eferss to the the recru ecruit itme ment nt,, tran transp spor orta tati tion on,, tran transf sfer er or harboring,, or receipt of arsons with or without the victim's harboring consent knowledge, oror across by  means oforthreat or use within of forc force, e, othernational forms ofborders coercion, coercion, abduction, fraud, deception, abuse of power power or of position, taking advantage of the vulnerability of the persons, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual sexual exploi exploitat tatio ion, n, forc forced ed labor labor or servic services, sla slave very ry,,

servitudee or the remov servitud removal al or sale of organs organs..  

REPUBLIC ACT NO. 9208 

 AN ACT TO INSTITUTE P POLICIES OLICIES TO ELIMINATE TRAFFICKING TRAFFICK ING IN PERSONS E ESPECIALL SPECIALLY Y WOMEN WOMEN  AND CHILDREN, CHILDREN, EST ESTABLISHING ABLISHING THE NEC NECESSAR ESSARY Y INSTITUTIONAL MECHANISMS FOR THE PROTECTION PRO TECTION AND SUPPORT OF TRAFFICKED TRAFFIC KED PERSONS, PR PROVIDING OVIDING PENAL PENALTIES TIES FOR ITS  VIOLATIONS,  VIOLA TIONS, AND F FOR OR O OTHER THER PURPO PURPOSES. SES.

 

REPUBLIC ACT NO. 9208 

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  Sec. Sec. 4. Acts Acts of Traffick rafficking ing in Perso Persons ns.. —  It shall be unlawful for any person, natural or judicial, judicial, to commit any of the following following acts.   (a) To recruit, transport, transfer transfer,, harbor, harbor, provide, provide, or receive receive a person by by any  me mean ans, s, incl includ udin g thos thosee or done done unde underr the the pr pret etex ext t of dome domest stic or over overse seas as employment oring training apprenticeship, for the purpose oficprostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;   (b) To introdu introduce ce or match match for money, money, profit, profit, or material, material, econ economic omic or other consideration, any person or, as provided for under Republic Act No. 6955, any  Filipino women to a foreign national, for marriage mar riage for the purpose of acquiring, acquiring, buyi bu ying ng,, offe offeri ring ng,, sell seexploitation, llin ing g or tr trad adin ing g him/ hi m/he her r to enga en gag ge in pr pros osti titu tutio tion, n, pornography, sexual forced labor, slavery, involuntary servitude or debt bondage;   (c) To offe offerr or con contr tract act marr marriag iage, e, real real or sim simul ulat ated ed,, for the the pur purpo pose se of  of  acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage bondage;;

 

REPUBLIC ACT NO. 9208 

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 (d) To undertak undertakee or or organiz organizee tours tours and tr trav avel el pl plans ans consist consisting ing of tourism packages or activities for the purpose of utilizing and offferi of ring ng pers person onss for pr pro ost stit itu ution, ion, por porno nogr grap aph hy or sexu sexual al exploitation;  (e) To main maintai tain n or hir hiree a per person son to engag engagee in prost prostitu itutio tion n or pornography;   (f) To ad ado opt or or ffac acil ilit itat atee th thee adop adopttio ion n of pers perso ons fo for the the purpose of prostitution, pornography, sexual exploitation, forced labor,, slavery labor slavery,, involuntary involuntary servitude or debt bondag bondage; e;   (g) To rrec ecru ruit it,, hire, hire, ado adopt pt,, tran transp spor ortt or or abd abduc uctt a p per erso son, n, by  by  means of threat or use of force, fraud deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of  said person; and

 (h) Tos in recr recruit uit,Philippines , tr trans anspor port or or abro aadop dopt t a child child to to eenga ngage ge in arme armed d activitie acti vities the Philipp inest or abroad. ad.  

Illegal Accessed of Devices   

 Repu Republic blic Act No No.. 8484   Februa February ry 11, 11998 998  AN ACT REGULATING THE ISSUANCE AND USE OF  ACCESS  AC CESS DEVIC DEVICES, ES, PR PROHIBITING OHIBITING FRAUDULENT FRAUDULENT  ACTS  ACT S COMMITTED RELAT RELATIVE IVE THERETO THERETO,, PROVIDING PURPOSES

PENALTIES

AND

FOR

OTHER 

 

Republic Act No. 8484 

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 Section 3.   Definition of terms.   –  For purposes of this Act, the terms:   (a) (a) Ac Accces esss De Devi vicce   –   mean meanss an anyy car card, plat plate, e, code, ode, acc accou ount nt numb nu mber er,, el elec ectr tron onic ic seri serial al numb number er,, pers person onal al iden identi tific ficat atio ion n numbe num berr, or other other te telec lecom ommu munic nicati ations ons servic service, e, equ equipm ipment ent,, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solelyAccess by paper instrument);  –  means any access device that is  (b) Counterfeit Device count ounter erfe feit it,, fic ficti titi tiou ous, s, alt altered, ered, or for forged, or an iden identi tifia fiabl blee compone co mponent nt of an access access device device or or count counterfei erfeitt acce access ss device; device;  (c) Unauthorized Access Device  –  means any access device that

is stol stolen en,,with lost lost, , ex expi red, ed , raud; ev evok oked ed,, canc cancel elle led, d, susp suspen ende ded, d, or obtai obtained ned intent inte ntpir to defraud; defr  

Republic Act No. 8484 

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 Section 3.   Definition of terms.   –  For purposes of this Act, the terms:  (d) Access Device Fraudulently Applied for  –  means any access device that was applied for or issued on account of the use of  falsified document, false information, fictitious identities and address addr esses es,, or any any form of fal false se pret pretenc encee or misre misrepr prese esenta ntatio tion; n;  (e) Consumer – means a natura naturall person; person;  (f) Credit Card   –  means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods, prope pr operty rty,, lab labor or or serv servic ices es or an anyy tthing hing of valu valuee on credi credit; t;   (g) (g) Devic evicee Makin aking g or Al Altter erin ing g Equ Equip ipm men entt   –   mea means an any  y  equipm equ ipment ent,, mechan mechanism ism or impr impression ession design designed ed or primar primaril ily  y  used for making or altering or reencoding an access device or a

counterfeit count erfeit access access device;  

Republic Act No. 8484 

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 (h) Finance Charges   –  represent the amount to be paid by the debtor incident to the extension of credit such as interest or discounts, collection fees, credit investigation fees, and other service charges;   (i) Open-end-credit Open-end-credit pla plan n – means a consumer credit extended on an acco account unt pu pursua rsuant nt to a plan under under whic which: h:   1) the creditor may permit the person to make purchase or obtain loans, from time to time, directly from the creditor or indirectly  by use of credit credit card, card, or or other other servic service; e;   2) the person person has the privileg privilegee of paying the balanc balance; e; or  3) a finance charge may be computed by the creditor from time to time on an unpaid balance.(j) Penalty Charges –  means such amount, in addition to interest, imposed on the credit card

ho hold lder er fo forr nonnon-pa paym ymen entt of an acc accou ount nt with within in a pres prescr crib ibed ed period;  

Republic Act No. 8484 

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 (k) Prod Produc ucee   –   include includess design design,, al alte terr, aut authen hentic ticat ate, e, dupl du plic icat atee or asse assemb mble; le; and  (l) Tra raffic ffickin king g   –   means means tr tran ansf sfer erri ring ng,, or ot othe herw rwis isee disposing of, to another, or obtaining control of, with inte in tent nt tto o tran transf sfer er or di disp spos osee of. of.

 

Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby declared to be unlawful:

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  (a) (a) pr prod oduc ucing ing,, us usin ing, g, traf traffic ficki king ng in one one or mor more count ounter erfe feit it access devices;  (b) trafficking one or more unauthorized access devices or access acc ess dev devices ices fraudulently frin audulently applied for;   (c) using, with intent intent tto o defraud, an unauthorized access access devic device; e;   (d) using an acc access ess device fraudulently fraudulently applied for;  (e) possessing one or more counterfeit access devices or access devices fraudulently fraudulently applied for;   (f) producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in the business or employment, which lawfully deals with the

manufacture, issuance, or distribution of such equipment; equipment;  

Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby declared to be unlawful: 

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  (g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in counterfeit access devices, access devices or access devices fraudulently fraudulentl y appliedunauthorized for;  (h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the device holder has entered into a transaction other than those  which said without device holder lawfully lawfulmerchant, ly contracted contracted for for,, to or submitting, being anhad affiliated an order collect from the issuer of the access device, such extra sales slip throug thr ough h an affiliat affiliated ed mercha merchant nt wh who o conniv onnives es the there rewit with, h, or or,, under false pretenses pretenses of being an affiliated merchant, present for

collec co llection tion such such sales sales slips slips,, and similar similar docu documents ments;;  

Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby declared to be unlawful: 

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  (i) disclosing any information imprinted imprinted on the access device, such as, but not limited to, the account number or name or address of the device devi ce holde holderr, w witho ithout ut the lat latter ter's 's auth authority ority or perm permissio ission; n;  (j) obtaining money or anything of value through the use of an access devi de vice ce,, wi with th in inte tent nt to de defr frau aud d or wi with th int intent ent to ga gain in an and d f le leei eing ng thereafter;   (k) having in one's possess possession, ion, without authority fr from om the o owner wner of the access device or the access device company, an access device, or any  material, such as slips, carbon paper, or any other medium, on which the acc access ess devic devicee is writ written, ten, prin printed, ted, embossed embossed,, or otherwise iindicate ndicated; d;  (l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval, where in fact no such approval was given, or where, if given, what is written is delibera delib eratel telyy diffe differen rentt from the app approv roval al actuall actuallyy giv given; en;

 

Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby declared to be unlawful: 

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  (m) (m) ma mak kin ing g an anyy al altter erat atiion on,, wi with thou outt th thee ac accces esss de devi vicce ho hold lder er's 's author aut hority ity,, of an anyy amo amoun untt or other other in infor format mation ion wri writt tten en on the sal sales es sli slip; p;  (n) effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other thing of   value;   (o) (o) wi with thou outt th thee au auth thor oriz izat atio ion n of the the issu issuer er of th thee ac accces esss de devi vicce, solicit soli citin ing g a pe perso rson n fo forr the pu purpo rpose se of:   1) offering an access device; or  2) selling device; or information regarding or an application to obtain an access  (p) without the authorization of the credit card system member or its agen ag ent, t, ca caus usin ing g or ar arra rang ngin ing g fo forr an anot othe herr pe pers rson on to pr pres esen entt to th thee member or its agent, for payment, one or more evidence or records of  transac tra nsaction tionss mad madee by cred credit it car card. d.

 

Smuggling 

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  is the clandestine transportation of goods or persons persons past a point where prohibited, such as out of a building, into a prison, , or  laws or across international border, in violation of  prison  or an othe other r regul egulat atio ions ns. . border, applicable laws applicable  There are various motivations to smuggle. These include thee part th partic icip ipat atio ion n in il ille lega gall trad trade, e, such such as   drugs, drugs,   illegal immigration   or   emigration, emigration,   ta tax evasion, providing the  theft of  of the items contraband  to a prison inmate, or the theft being bei ng smugg smuggled led.. Examp Examples les of non-fi non-finan nanci cial al motiv motivati ations ons include bringing banned items past a security checkpoint (suc (s uch h as   air airlin linee sec securi uritt y ) or the removal of  f    classified

documents from documents  from a gove governme rnment nt or corpor corporate ate office office..  

Drug Tra raffick fficking ing 

 The illegal drug trade is a global black global  black market market in  in the cult cu ltiiva vati tion on,, ma manu nufa fact ctur ure, e, di dist stri ribu buti tion on and and sa sale le of  those substances which are subject to drug to drug prohibition laws.

 

REPUBLIC ACT NO. 9165 

 June 7, 2002

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 A ACRTOU IN ITUGS UTSINA GCTTHOF E C O0M EH ENLING SING VE DN ANGE ANGER OUS S ST DR DRUG 20 200 2,PR RE REP PEA EALI REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS  AMENDED  AMENDED, , PR PRO OVIDING FUNDS THEREFOR, THEREFOR, AND FOR OTHER PURPOSES

 

REPUBLIC ACT NO. 9165  

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 Illegal acts   Sect Sectio ion n 4.   Imp Impor orttat atio ion n of Da Dang nger erou ouss Dr Drug ugss an and/ d/or or Con ontr trol olle led  d  Precursorss and Essential Chemicals. Precursor  Section 6. Maintenance of a Den, Dive or Resort. –  Section 7. Employees and Visitors of a Den, Dive or Resort   Sect Sectio ion n 8.   Man Manuf ufac actu ture re of Da Dang nger erou ouss Dr Drug ugss an and/ d/or or Con ontr trol olle led  d  Precursorss and Essential Chemicals Precursor   Section 9.   Ille Illegal gal Che Chemic mical al Di Dive versio rsion n of Co Contr ntroll olled ed Pr Precu ecurso rsors rs an and  d  Essential Chemicals.   Sect Sectio ion n 10 10..   Manu Manuffac actu turre or De Deli livver eryy of Eq Equi uipm pmen ent, t, Ins nstr trum umen ent, t,  Apparatus,, and Other Par  Apparatus Paraphernalia aphernalia for Dangerous Drugs and/or  Controlled Control led Precursors and Essential Chemicals.  Section 11. Possession of Dangerous Drugs.

Drugs or16. are  Cultivation Sources Thereof Thereof. or Culture . of Plants Classified as Dangerous   Section

 

Gambling 

 Title Six of the RPC

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 CRIMES AGAINST PUBLIC MORALS

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 Gambling is the wag ering of  of money  money or or something of the wagering material value material  value (referred  (referred to as "th "thee stakes") on an event  with an uncertain outcome outcome with the primary intent of  winning additional additional money money and/or material goo goods. ds. Typically, the outcome of the wager is evident within a

short period.  

Gambling   

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  Chapter One   GAMBLING AND BETTING BETTING  Presidential Decree No. 449 Cockfighting Law of 1974. This law took effect on May 9, 1974. It governs the establishment, operations, maintenance and ownership of  cockpits.  Presidential Decree No. 483 Penalizes betting, game-fixing or point shaving and machinations in sports contests. It took effect on June 13,1974. 13,1974.   Pres Presid iden enti tial al Dec Decree No. 519 519 Outl Outlaaws pinb pinbal alll and and slot slot machines mach ines and and other other similar similar devices devices and nullifies all all existing existing permits and/or licenses to operate the same. It took effect

on July 23, 1974.  

PROSTITUTION Prostitution is the act or practice of providing sexual services with another person in return for payment. Persons whProstitution o execute issuone ch ofacthe tivibranches ty are cof althe led prostitutes. sex x in indu dust stry  ry . Esti Estima mattes plac lace the the annua nual revenu enue se generated from the global prostitution industry to be over ov er $100 billion. billion.     

 TYPES OF PROSTITUTES  CALL GIRL  HUSTLER   DOOR KNOCKER 

 FACTORY GIRL  

Art. 202. Vagrants and prostitutes;  penalty   

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  — The following following are vagran vagrants: ts:   1. Any person person havin having g no appar apparent ent means of subsi subsiste stenc nce, e, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling;   2. Any person found loitering loitering about public or semi-public buildings buildings or places or trampling or wandering about the country or the streets  without visible means of support;   3. Any idle idle or dissolut dissolutee person who ledges in houses of ill fame; ruffians

or pimp pimps s and those who habituall ually y assoc associat iateeinwit with hp prost rostitut itutes; es; of other   4. Any person who, nothabit being included the provisions arti ar ticl cles es of th this is Code Code,, shal shalll be fo foun und d lo loit iter erin ing g in an anyy in inha habi bite ted d or unin un inha habi bitted pl plac acee be belo long ngin ing g to an anot othe herr wi with thou outt an anyy la lawf wful ul or  justifiable purpose;

 

Art. 202. Vagrants and prostitutes;  penalty   

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 5. Prostitutes.  For the purposes of this article, women who, for money or profit, habitually indulge indulge in sexual intercourse intercourse or lascivious conduct, cond uct, are deemed to be pr prostitutes. ostitutes.  Any person found guilty of any of the offenses covered by  this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by  arresto mayor in its medium period to prision correctional in its minimum period or a fine ranging from 200 to 2,000 pesos,, or both, pesos both, in the discret discretion ion of the court. court.

 

Computer crime, or cybercrime 

 refers to any crime that involves a   computer   and a network network,, where the computers may or may not have played an instrumental part in the commission of a crime crime..[1] Netcrime  refers, more precisely, to criminal exploitation of the Internet the  Internet..[2] Issues surrounding this type crime have  hacking become, high-profile, particularly  gement hacking,   copyright infrin gement,, thoseofsurrounding child pornography , and child and child grooming. grooming. There are also problems of  privacy    privacy  when confidential   when  confidential information  information is

lostt or in los inte terc rcept epted, ed, la lawfu wfull llyy or oth otherw erwise. ise.  

REPUBLIC ACT NO. 8792  

  June June 14, 14, 2000 2000   AN ACT PROVIDING AND USE OF ELECTRONIC COMNSACTI MECTIONS RCIONS, AL , PENAL ANLD NOUNLA N-CLAWFU OWFUL MMELRCUSE IAE L TRA TRANSA ENA TIES TIES FOR UN US THEREOF, AND OTHER PURPOSES

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 Section 4.   Sphere of Application- This Act shall apply to any kind of electronic document used in the context of  comme ommerc rcia iall and and nonnon-ccomme ommerrcial cial acti activi viti ties es to in incl clud udee domestic and inte nternational dealings, transactions, arrang arr angeme ements nts,, agreem agreement entss contra ontracts cts and excha exchang nges es and storag stor agee of informati information. on.

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Carnapping 

 Most of the vehicles were carnapped in parking lots, residential areas and middle class subdivisions. Car theft usually occurred between 2 o'clock and 4 o'clock in the morning due to following reasons: inadequate police poli ce visib visibility ility,, street street par parking king opp opport ortunity unity,, natu natura rall advantage advan tage during nighttime for criminal elements elements,, and lack security inr residential area ar eass.of Tappropriate he hese se veh ehic iclles were ere measures later ei eitthe her sold sold after acquiring falsified documents or dismantled and sold as used parts. Some stolen vehicl vehicles es were for forcibly cibly taken,

usually by OCGs whocrim would after aft er comple completing ting one criminal inaleventually oper operatio ation. n.abandon them  

REPUBLIC ACT No. 6539 

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  AN ACT PREVENTING CARNAPPING

AND

PENALIZING

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 Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act of 1972."   Section 2.   Definit Definitio ion n of terms erms..   The terms "carnapping", "motor vehicle", vehicle", "defacing or tampering with", "repainting", "repainting", "body-building", "remodeling", "dismantli tling", and

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"overhauling", as used in this Act, shall be understood, respectively,, to mean respectively mea n   "Carnapping "Carnapping"" is the taking, taking, with intent intent to gain, of a motor  vehicle belonging to another without the latter's consent, or by means of violenc violencee against or intimidation of persons,

or by using force upon things.  

Philippine Center for Transnationa ransnationall Crime Crime 

 In res esp ponse to or orga gan niz ized ed cri rimi mina nall acti tivi viti ties es,, the Philippine government has instituted programs and proj pr ojec ectts to add ddrres esss th thes esee threa hreats ts to nati natio ona nall an and d international interest and security. It has created the Phil Ph ilip ippi pine ne Cent enter on Transn ansnat atio iona nall Cr Crim imee (P (PCT CTC) C) (E..O. No.among (E 62 s199 999) 9) to estaagencies blish a for sha shainformation red central database concerned on criminals, methodologies, arrests, and convictions on transnational crime in all its forms. Apart from this,

the Center is mandated to discharge discharge the following: following:  

Philippine Center for Transnationa ransnationall Crime Crime 

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  Supervise and control conduct of anti-transnational crim cr imee op oper erat atio ions ns of al alll governm ernmen entt ag agen enci cies es an and d instrumentalities:   Establish a central database on national as well as intternational legislations and ju in jurrisprudence on trecommending ransnational cmeasures rime, wito th strengthen the end responses in view and of  prov pr ovide ide im immed mediat iatee int interv ervent ention ion fo forr the pr prev event ention ion,, detection and apprehension of criminals operating in

thee cou th ount ntry; ry;  

Philippine Center for Transnationa ransnationall Crime Crime 

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 Establish a center for strategic research on the structure and dynamics of transnational crime, predict trends and analyze relationships of given given factors for the formulation of  strate str ategie giess to combat ombat the same; same;   Design programs programs and projects aimed at enhancing national capaci cap acityty-bu build ilding ing in combat ombating ing trans transnat nation ional al cri crime, me, as  well supporting the related centers; programs progr ams otheras ASEAN and international cent ers; andand projects of    Expl Explo ore and and coordinat inatee inf inform ormatio ation n exc exchang anges and and training with other government agencies, foreign countries and international organizations involved in containing and

eliminating transnational crime.  

Ex Executive ecutive Order No. 100 s1999 

 To further strengthen the operational, administrative and information support system of the PCTC, E.O. No. 100 s1999 empowered the Center to ex exer ercis cisee ge gener neral al superv supervisi ision on an and d co cont ntrol rol ov over er the fol follo lowi wing: ng:

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  Loop Center of the National National Action Committ Committee ee on Anti-Hijacking and Terrorism (NACAHT) whose primary mission is to assist and support the NACAHT in integrating and orchestrating the efforts of all law enforcement enforc ement agen agencies cies aga against inst int internation ernational al and dome domestic stic terrorism terrorism;;

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  Manila Internatio Interna tional nal Criminal Crimi nal reconstituted Polic olicee Org Organiz anizati ation on ICP ICPO-IN TERPOL OLliaison NCBwhich has been to serve as O-INTERP the national office and main coordinating body for international police cooperation against transnational crime;   Police Police Att Attachés achés of the Philippine N National ational P Police olice (P (PNP); NP); and   Political Political Attachés/ Counselors for Security Mat Matters ters of the Department

of the Interio Interiorr and Local Go Gove vernme rnment nt (DIL (DILG) G)

 

“OR “ORGANIZED GANIZED CRIME IN I N THE

PHILIPPINES" 

 Francisc  Fra ncisco o Group Group  which is formerly the  Dragon or the Kuratong Baleleng Group, now led by  Manuel   Manuel Francisco, wi witth 66 memb ember erss armed med wit with ass sso orted type of high powered firearms and operates in the cities of Cagayan De Oro, Pagadian and Dipolog, and othe ot herr ne neig ighb hbor orin ing g ci citi ties es and and mu muni nici cipa pali liti ties es in th thee

Mindanao southern Philippines), Cebu ininVisayas (in Central(in Philippines), and Metro Manila Luzon (in northern Philippines). The group is engaged in robbery/hold-up, carnapping, illegal drugs trafficking,

and smuggling smuggling of rice rice and sugar sugar..  

“OR “ORGANIZED GANIZED CRIME IN I N THE

PHILIPPINES" 

  IT HAD   been been the the mili milita tary ry that that crea creatted the the Kur urat ato ong Baleleng in 1986. The military wanted a vigilante organization that would counter the growing influence of  communist guerillas in the provinces of Misamis Occidental, Occiden tal, Zamboanga del Norte and Zamboanga del Sur, Sur, thee first th first guer gueril illa la fron frontt of the the Comm ommunis unistt Party arty of the the Philippines in Mindanao. Kuratong is actually a traditional bamboo instrument used to call villagers for a meeting or to alert them of the approach of enemies; baleleng means  young  youn g lady, lady, although it is also used as a term of  endearment. The Kuratong Baleleng, or the "darling bell,"

became presence of rebels.a group that would inform soldiers of the presence  

“OR “ORGANIZED GANIZED CRIME IN I N THE

PHILIPPINES" 

  Army Maj. Franco Calanog, who formally organized the Kuratong Bale alelen leng, put the the organizatio tion under the supervision of the Philippine Army's 101st Battalion based in Misamis Occidenta ental. l. Calanog appointed Ongkoy  Parojinog as the "chairman" of the organization. Its first members were militiamen from three urban poor barangays known collectively as Lawis or "sulod  (inside)"  (inside)" in Ozamiz City. But they were said to have done double duty  as Kuratong and as protector of Ongkoy's illegal activities,  which reportedly reportedly included robberies in the provinces provinces of  Siquijor and Misamis Occidental. Ongkoy, however, was

also for his generosity and was dubbed the "Robin Hoodknown of Lawis."  

“OR “ORGANIZED GANIZED CRIME IN I N THE

PHILIPPINES" 

 Pentagon Group hea  headed ded by T Tahir ahir Alonto with around 168 armed members, engaged primarily in KFR and operates in Mindanao. This group is a creation of the Moro Islamic Liberation Front (MILF). It was organized not only to generate funds for the latter through illegal means but also insulate the MILF from

accusations that its members are involved in purely  criminal acts. Its leader, Tahir Alonto is the former planning and operations office of the BIAF and the nephew of MILF's Chairman Al Haj Murad. Relatedly,

there are aree listed as members membe rsother of themembers MILF MILF.. of the group who ar  

“OR “ORGANIZED GANIZED CRIME IN I N THE

PHILIPPINES" 

 PENTAGON GR  PENTAGON GROUPOUP- Kurato Tapuyak alias “Anton” no. 2 in the group.

 

“OR “ORGANIZED GANIZED CRIME IN I N THE

PHILIPPINES" 

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  Lex Lexus us Gr Group oup   , a carnapping group with around 37 members operating in NCR, and Regions 3 and 4, all in Luzon.

with 30 members   Rex   “Wacky”    Sa Salud Group   wi operating in Cebu, engaged in illegal gambling and the  Vicviv Yu Group   wit with h 16 membe emberrs oper operaati ting ng in Centr Cen tral al Visayas Visayas and al also so engaged engaged in illegal gam gambling bling..

 

Robbery/hold-up 

 As of October 2003, there are 45 bank robbery  incidents recorded nationwide, or one (1) incident per  week, with the perpetrators perpetrators carting a tota totall loot of  around PhP44.8 million. Compared to similar period in 2002, bank robbery inciden entts increased by 13 percent. Metro Manila or NCR registered the highest  with 20 rec recorded orded incidents. Opera Operations tions con conducted ducted against these groups resulted in the arrest of 18 persons, to include 12 members of the Kuratong Baleleng Group who were responsible in the series of 

bank robberies in Metro Manila.  

Robbery/hold-up 

 Bank robbery groups are considered as the most organized among the crime groups. They are usually composed of hardened criminals and/or personalities of tested daring capabilities. Members are trained to follow and executed min minute ute details of a w well-plan ell-planned ned operation. Usually Usually, , all m members embers are heavily armed and ready to forcibly douse any opposition.

 

Robbery/hold-up 

 The robbery group initially places the target bank under a thorough casing and surveillance, week or even months in advance. The peak and leanexpected hours in resistance; the bank; the time of  relief of security personnel; individual characteristic, traits and weaknesses of every personnel; estimated cash in teller's booth and inside the safe; and detailed sketch of the whole bank premises are observed

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observ and observes studied. es the time In case and of route rouarmored te of mo move vements vans, ments the of group the vehicle vehicle. closely  .  Usually, the bank robbers stage the heist wearing bonnets and an d usua usuall llyy util utiliz izee Asia Asian n util utilit ityy vehic ehicle less duri during ng thei theirr operation. The group in most cases uses two sets of 

 vehicles  vehicles, one on their way wa tocle. the anothe ano therr,will wil l bebeing used as aused s the their ir get-awa et-a way y vyehicle ehi . bank while  

Interpol Role is OC 

 Interpol acts as a central repository for professional and te techn chnica icall exper expertise tise on tr trans ansnat nation ional al organ organiz ized ed crime and as a clea earringhouse for the collec ecttion, collation, analysis and dissemination of information relating to organized crime and criminal organizations. monitors situation on Ita also glob al basistheanorganized d co-ordicrime nates international investigations.

 

Interpol 

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 INTERPOL currently has projects targeting org or gan aniz ized ed/s /sp pec eciial aliz ized ed cr crim imee in fi fivve area eass of high igh activity:  Pr Proje oject ct Mil Millen lenniu nium m   –   targ target etin ing g Eu Eurras asia ian n cr crim imin inal al organizations  Project A AOC OC – targeting Asian criminal organizations  Project Scream – tar  targeting geting serial murd murders ers and rapists rapists  Project Bada – targeting maritime piracy    Project Pink Panthers - Armed Jewellery Robberies

commit co mmitted ted by na nation tionals als of former former Yug ugosla oslavia via  

ASEAN Plan Of Action To Combat Transnationa ransnationall Crime Crime 

  The general objective objective of the Action Plan is to encou encourag ragee ASEAN Mem emb ber Count ntri ries es to expa expand nd their heir eff ffo orts in comba mbati ting ng transnational atpou the to reg egio iona nall level evel..crime As espo es used senational d in th theeand ASEA ASbilateral EAN N Decl eclevels lar arat atio ion n the on Transnational Crime, the overall focus of ASEAN collaboration  will be to strengthen regional commitment commitment and capacity to comba ombatt tran transn snat atio iona nall cr crim imes es wh whic ich h in incl clud udee terr terror oris ism, m, drug drug trafficking, money laundering, in persons and arms piracy.smuggling, This is in recognition of the facttrafficking that tackling transnational crime requires a concerted regional effort in view of it itss glob global al dime dimens nsio ion n an and d pe perv rvas asiv ivee na natu ture re.. Besi Beside des, s, such such efforts will assist in complementing and contributing to the

national and bilateral efforts undertaken by Member Countries in combating such crime.