Contents Introduction v Acknowledgments 1
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What Is Organized Crime?
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The Fascination with Organized Crime 1 Defining Organized Crime 3 Similarities and Differences between Organized and White-Collar Crimes 4 Terrorism and Organized Crime 6 Typology of Organized Crimes 7 Critical Thinking Exercise 1.1: The Case of Selling a High School Football Player 9 Typology of Organized Criminals 10 Ethnicity 11 Organization of Crime Groups 13 Gender and Organized Crime 13 How Much Organized Crime Is There? 15 The Remainder of this Book 17 Critical Thinking Exercise 1.2: The Case of an Internet Stock Fraud 19 Organized Crime at the Movies: The Godfather 20 2
Characteristic Organized Crimes I: Conspiracy, Provision of Illicit Goods and Services Legal Definitions of Organized Crime 26 Conspiracy 27 Do Marijuana Purchases Suffice for Liability? 27 Can a Single Cocaine Transaction Be Linked to a Conspiracy? 28 Critical Thinking Exercise 2.1: The Case of Babies and Cocaine Smuggling 30 How Much Is Required Beyond a Criminal Agreement? 31 Can One Withdraw from a Conspiracy by Simply Walking Away? 32 Summarizing the Important Elements of Conspiracy 33
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ORGANIZED CRIME IN OUR TIMES
Critical Thinking Exercise 2.2: The Case of Murder for Hire 34 Provision of Illicit Goods: Drugs and Stolen Property 35 Drugs: Liability for the Conduct of Others? 35 Stolen Property: I Didn’t Know It Was Stolen! 38 Critical Thinking Exercise 2.3: The Case of a Very Good Deal on Carpet 40 Provision of Illicit Services: Gambling, Loansharking, and Sex 41 The Unique Problem of Gambling: the Oldest Vice 41 Gambling as Vice or Recreation? 44 Is Legal Gambling a Constitutionally Protected Right? 46 What Are the Elements of an Illegal Gambling Business? 47 Is Placing a Bet Sufficient for Involvement in an Illegal Gambling Enterprise? 48 Loansharking 49 Usury: Are Threats Needed for Liability? 49 Critical Thinking Exercise 2.4: The Case of Poker for Profit 50 Sex and Organized Crime 51 Critical Thinking Exercise 2.5: The Case of Collecting a Debt 52 Prostitution: It Was Only a Modeling and Escort Service 52 Distinguishing the Risqué from the Obscene 54 Pornography: I Didn’t Know the Model Was a Minor 58 The Internet and Pornography 59 Critical Thinking Exercise 2.6: The Case of Child Pornography on the Computer 61 Summary 61 Organized Crime at the Movies: Blow 62
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Characteristic Organized Crimes II: Infiltration of Business, Extortion, and Racketeering 69 Infiltration of Business 69 Extortion 70 Protection Rackets 72 Jobs for Sale 73 Under Color of Official Right 74 Critical Thinking Exercise 3.1: The Case of Repaying a Loan 75 Racketeering 75 Hidden Ownership and Skimming Profits 77 I Didn’t Know My Property Was a Crackhouse 78 The Secretive Nature of Criminal Enterprises 80 Critical Thinking Exercise 3.2: The Case of the Avengers Motorcycle Club 81 Summary 82 Organized Crime at the Movies: Casino 82
CONTENTS
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Causes of Organized Crime Is Organized Crime Unique? 86 Positivism: Social and Economic Influences 87 Classicism: Hedonism and the Odds of Apprehension 90 Structural: Capitalism and Arbitrary Laws 92 Critical Thinking Exercise 4.1: The Case of the Making of Sammy and Ivankov 93 Ethical: When Crime Brings Pleasure, Not Guilt 95 Critical Thinking Exercise 4.2: The Case of the Irish Mob Summary 99 Organized Crime at the Movies: Goodfellas 99
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Paradigms of Organized Crime What Is a Model of Organized Crime? 103 Hierarchical Models of Organized Crime 105 Local, Ethnic Models of Organized Crime 109 Enterprise Model of Organized Crime 112 Critical Thinking Exercise 5.1: The Case of Morrisburg Fitting the Models Together: Groups versus Activities 115 Future Forms of Organized Crime? 117 Critical Thinking Exercise 5.2: The Case of the Hackers Summary 119 Organized Crime at the Movies: Carlito’s Way 120
The Mafia: Facts and Myths
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Hennessey Murder in New Orleans, 1890 126 The Italian Connection 127 From City Gangs to a National Conspiracy 133 Critical Thinking Exercise 6.1: The Case of Al Capone versus John Gotti 135 The Kefauver Hearings, 1950 136 The Apalachin Incident, 1957 139 The Valachi Hearings and the Cosa Nostra, 1963 142 Fratianno, The FBI, and the Tieri Trial, 1980 145 The Mob Trials from the 1980s to the present 155 Critical Thinking Exercise 6.2: The Case of a Murder among Gangsters 164 Summary 168 Organized Crime at the Movies: A Bronx Tale 168
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Changes in the Nature of Organized Crime Presidential Investigations of Organized Crime 176 Activities of Organized Crime Groups over Time 178 Political and Commercial Corruption 179
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National Efforts to Control Organized Crime 180 Government Recommendations 181 Summary of Similarities 185 Critical Thinking Exercise 7.1: The Case of the Unmaking of a Mobster 186 Changing Organized Crime Patterns 187 International Stolen Vehicle Smuggling 187 International Drug Smuggling 189 International Human Trafficking 190 Computer and Internet Crime 192 Hijacking 195 Critical Thinking Exercise 7.2: The Case of Tracking Immigration within Our Own Borders 196 Summary 198 Organized Crime at the Movies: The Departed 198
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Transnational Organized Crime
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The Scope of Transnational Crime 205 Using Ethnicity to Explain Organized Crime? 207 The Ethnicity Trap 208 Networks versus Organizations 209 Transnational Organized Crime Groups 210 Providing Illicit Services 212 Gambling and Loansharking 212 Human Trafficking and Prostitution 213 Providing Illicit Goods 214 Drugs 215 Stolen Property 221 Infiltrating Legitimate Business 223 Critical Thinking Exercise 8.1: The Case of the Nigerian Advance Fee Fraud 224 Racketeering 225 Extortion 227 Crimes against Government 229 Corruption 230 Terrorism Connections 231 Critical Thinking Exercise 8.2: The Case of Video Slot Machines 231 Summary 232 Organized Crime at the Movies: Blood Diamond
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Investigative Tools Investigators of Organized Crime 243 Investigative Techniques and Intelligence Gathering Financial Analysis 247
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CONTENTS
Critical Thinking 9.1: The Case from Charlotte to Hezbollah 249 Electronic Surveillance 250 Informants 262 Undercover Agents 265 Citizen Commissions 267 Summary 268 Critical Thinking 9.2: The Case of Standing Next to the Pay Phone 269 Organized Crime at the Movies: Donnie Brasco 270
10 Prosecution Strategies Tools for the Prosecution 281 Special Grand Juries 279 Witness Immunity 281 Witness Protection Program 283 Racketeer-Influenced and Corrupt Organizations 287 Critical Thinking Exercise 10.1: The Case of Enough Evidence 292 Bank Secrecy Act 295 Money Laundering 296 Summary 299 Critical Thinking Exercise 10.2: The Case of Money Laundering and Terrorism 300 Organized Crime at the Movies: The Untouchables 301
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11 Organizing a Criminal Defense
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Entrapment 307 Duress 314 Critical Thinking Exercise 11.1: The Case of the Informant, the Prostitute, and the Heroin Dealer 314 Claims that Are Potential Defenses 315 Adequacy of Representation 316 RICO Participation 316 Gambling While Intoxicated 317 Extortion, Perjury, and Consequences 317 Amnesia 318 “Mob” Lawyers 318 Summary 321 Critical Thinking Exercise 11.2: The Case of Vincent “The Chin” and Mental Illness 322 Organized Crime at the Movies: Road to Perdition 324
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12 Sentencing Organized Crime Offenders
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Sentences Imposed in Racketeering and Drug Cases 330 Types of Racketeering Convictions 332 Backgrounds of Convicted Offenders 334 Trends in Asset Forfeiture 335 Critical Thinking Exercise 12.1: The Case of Deterring Terrorists versus Organized Crime 336 Lawfulness of Asset Seizure 338 Protecting Rights of Third Parties 339 Disposition of Seized Assets 340 Innovations in Sentencing 341 Oversight of Union Activities 342 Offender Deterrence Tactics 343 The Role of Public Education 343 Summary 345 Critical Thinking Exercise 12.2: The Case of a Close Family Friend 345 Organized Crime at the Movies: Traffic 346 Glossary
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Timeline of Organized Crime in the United States About the Author Name Index Subject Index
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