Assessing the Effectiveness of Organized Crime Control Strategies ...

Assessing the Effectiveness of Organized Crime Control Strategies:
A Review of the Literature
TABLE 2
THE EFFECTIVENESS OF ORGANIZED CRIME CONTROL STRATEGIES
Strategy Evidence Benefits Costs/Limitations/Side Effects
Prosecuting persons Limited - many convictions under RICO - RICO too sweeping; cases long
involved in OC
- some crime families disrupted and complex
Prosecuting OC Limited - many major figures convicted - OC activities not reduced;
kingpins
in US
groups adapt/restructure; often
Prosecutions through
the use of taxation
laws
Measures to combat
money laundering
Seizure and forfeiture
of assets
Injunctions,
divestitures,
trusteeships
Witness protection
programs
Limited
Significant
Limited
Limited
Significant
- useful in lieu of criminal
prosecution (historically many
US OC figures convicted this
way)
- many recent convictions in US
- a few large successful
undercover operations
- increasing amounts seized &
confiscated; assets confiscated
may exceed costs of
proceedings
- can dissolve or restructure
tainted organization or remove
certain individuals from contact
with an organization
- afford good protection;
facilitated prosecution of many
OC figures
ignores most influential individual
- investigation can be costly;
concerns about intrusions into the
private dealings of citizens
Overall
Effectiveness
Moderate
Low
Moderate
- currency transaction reports too Low
numerous; rarely initiate
investigations & often bypassed;
many countries uncooperative
-third parties harmed; due Low
process compromised; abuses of
proceeds by enforcement
agencies; issues in managing
assets seized; complex cases;
miniscule fraction of proceeds
confiscated; costly & complex
- none mentioned Moderate-
High
- costly; clients often career
criminals who may commit new
crimes; may disrupt family ties;
interagency co-operation issues;
witnesses may abuse or not
comply; may compromise fair trial
Anonymous juries Nil - afford protection to jurors - thought to convey image of
defendant as dangerous, thereby
undermining presumption of
innocence
Witness immunity Nil - can facilitate testimony of
lower-level OC figures against
higher-level figures; juries said
to respond favourably as
testimony viewed as more
credible
Investigative grand
juries
Citizen’s & police
commissions &
community-based
efforts
Nil
Limited
- has broad investigative
authority; investigates corruption
in government and law
enforcement; publicity
encourages action on OC
- investigate OC with lesser
standard of proof; sensitize &
inform public about OC; broad
& long term approach; some
indication of OC disruption
- hard to determine value of
testimony in advance; may be
abused by witness; perception
that immunized testimony
unreliable
- can be used to harass political
undesirables; privacy concerns
- possible political interference;
civil liberties concerns due to
lower standard of proof
Moderate-
High
Insufficient
Data
Insufficient
Data
Insufficient
Data
Insufficient
Data
56 | Research and Statistics Division / Department of Justice Canada