convergence

Picard
In considering whether the definition of the problem should be articulated around the concept
of transnational organized crime, one must note that many profit-driven criminal activities
can occur within borders. Whether international ramifications are found does not necessarily
affect the dynamics of the market or the motivations of its actors. For example, the counterfeiting
of locally produced and consumed goods has become an important problem for China, forced
labor and even human trafficking do not necessarily involve crossing borders, interstate cigarette
smuggling is predominant in the United States, and cannabis is often consumed in the country
of production, as it is bulky and can be grown nearly anywhere in the world. Ultimately, in a
globalized world one might wonder whether being transnational is a helpful discriminant. The
point here is not to minimize the importance of addressing the transnational component of
organized crime, but whether this is a key characteristic of the problem.
Still, according to UNODC’s threat assessment, if “failure to identify the market-driven
dimension of organized crime, and particularly of transnational organized crime, is one of the
reasons these problems can prove so intractable,” a definition focused on the concepts of market
and profit might be more relevant. Here, Thomas Naylor’s theory of profit-driven 35 crimes may
offer a useful framework. He suggests a typology for profit-driven crimes, which includes three
types of primary offenses: predatory crimes, market-based crimes, and economic crimes. The
three types of offense are differentiated by 1) the nature of the transfer (wealth versus goods
or service); 2) the basic act by which it is transferred (robbery, trafficking, or legal market);
and 3) the method which is used (force, voluntary transfer, or fraud):
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• Predatory crimes involve a transfer of wealth through an illegal act (robbery) and
by using an illegal method (force or guile).
• Market-based crimes involve production and/or distribution of new goods and
services that are inherently illegal. Market-based crimes can be subdivided into those
involving evasion of regulations, taxes, and prohibitions.
• Commercial crimes are committed by otherwise legitimate entrepreneurs, investors,
and corporations in a normal business setting. They involve the application of
illegal methods to the production of inherently legal goods and services that would
otherwise be produced by someone else using legal methods. 36
Table 1 summarizes the characteristics of primary offenses. 37
Table 1. Characteristics of Profit-driven Crimes
Type Transfer of Basic Act Method
Predatory Wealth Illegal (theft) Illegal (force or guile)
Market-based Illegal goods and services Illegal (trafficking) Legal (market-exchange)
Commercial Legal goods and services Legal (market sale) Illegal (fraud)