convergence

Picard
50
Table 3. Comparison of Problem Definitions
Name of the
Problem
Global Black
Markets
Transnational
Organizational
Crime
Illicit Trade
(Narrow)
Illicit Trade
(Broad)
Deviant
Globalization
Nutshell View of
the Problem
Imbalance
between supply
and demand
Organized crime
benefits from
globalization
Imbalance
between supply
and demand
Globalization and
the legal business
infrastructure are
enablers of illicit
activities
Globalization and
the legal business
infrastructure are
enablers of illicit
activities
Predatory
Crimes
Marketbased
Crimes
Commercial
Crimes Condition
No Yes No None
Yes Yes No
No Yes No
Transnational
crimes only
Can be
restricted
to flows of
goods
No Yes Yes None
Yes Yes Yes Transnational
For measurement purposes, the most practical definition is the one used for Global Black
Markets, which considers only one category of profit-driven crimes without any condition.
The condition of transnationality used for Transnational Organized Crime and Deviant
Globalization increases the complexity of the classification and measurement as well. One
could take the view that a majority of profit-driven crimes have one or more transnational
features, in which case the condition can be essentially ignored. However, this is clearly not
true for predatory crimes, and predatory crimes with an obvious transnational component
have received much attention lately. While the rest of the chapter essentially focuses on global
markets, we note that commercial crimes in particular deserve more attention.
While there are many subtleties to and implications of Naylor’s theory that are outside the
scope of this chapter, let us make a few remarks. The different categories of offenses can be connected.
“In some cases explicitly criminal acts and inherently legal ones are embedded together
in a matrix of economic activity to such a degree that the two, while theoretically distinct, are
mutually interdependent.” For example, illicit markets can be used to monetize the proceeds
of predatory crimes, such as cargo theft, and certain offenses may overlap different categories:
for example, intellectual property crime involves the misappropriation of intellectual capital
by the counterfeiter (predatory crime), the sale of an illegal good (market-based crime), and a
commercial crime if the IP-infringing good is sold to an unsuspecting customer. Therefore, a
distinction is made between primary offenses, which is the primary act generating the money,
and secondary offenses. However, as the complexity of global supply chains allows legitimate