Assessing the Effectiveness of Organized Crime Control Strategies ...

many impediments to cooperation at the international level. Asset seizure and forfeiture also
received a “low” rating, as just a fraction of crime proceeds are confiscated, the processes to
achieve forfeiture, as well as the management of assets, are costly, and there are concerns about
abuses of due process. Finally, supply reduction strategies also received a “low” rating as there
are many indications globally that this approach, even when pursued aggressively, fails to
appreciably affect the supply of illicit drugs, is very costly, and that traffickers have recourse to
countless methods and routes of smuggling and distribution that circumvent interdiction and
enforcement efforts.
Undercover operations and the use of informants were collectively rated as “low to moderate” in
terms of effectiveness. These operations have produced many convictions of high-echelon OC
figures, have been critical in major proceeds of crime and money laundering cases, and at times
have caused turmoil and demoralization within criminal organizations. However, these
advantages may be outweighed by some significant problems, such as their cost, danger and
damage to the lives of officers, unreliability of and abuses by informers, concerns about
entrapment, and potential for harm to third parties.
Four OC control measures were rated as moderately effective—prosecutions of persons involved
in OC, prosecutions through the use of taxation laws, OC strike forces and drug task forces, and
electronic surveillance. With regard to the first, many individuals have been convicted for
lengthy prison terms under the RICO legislation in the US and some crime families have been
disabled as a result. This apparent success has been diminished by the frequent use of this
legislation to prosecute those not involved in OC. Historically, taxation laws have been a
valuable tool in the prosecution of OC figures; however, their utility is counterbalanced by the
cost of financial investigations and privacy concerns. OC strike forces and drug task forces
launched coordinated attacks on OC in the US, involving many federal and local agencies. The
drug task forces, in particular, have brought many indictments and asset forfeitures. On the
down side, the strike forces were eventually disbanded due to jurisdictional conflicts with US
attorneys’ offices. Electronic surveillance is considered by many investigators as indispensable
in the investigation and prosecution of OC figures and has contributed to the conviction of some
notorious individuals. These advantages are diminished by the costs of surveillance, privacy
concerns, the mobility of OC members, and issues involved in the interpretation of material that
has been intercepted.
While no OC control measure was rated as “highly effective”, three were given an effectiveness
rating of “moderate to high.” These three measures were: injunctions, divestitures, and
trusteeships; witness protection programs; and, increasing regulation and establishing public
benefit corporations.
The first of these is rarely discussed, perhaps because the measures fall outside the realm of
criminal law. Court orders to dissolve organizations or to remove those with OC connections
from their influential positions have been found to be highly successful in some instances, where
organizations have been seriously tainted. No shortcomings of these remedies were mentioned
in the limited literature on the topic. Nevertheless, a “high” rating was not accorded this
approach as the evidence attesting to its utility was limited and somewhat partisan (i.e., much of
it was furnished by a former prosecutor who found these tools useful). While such accounts may
Research and Statistics Division / Department of Justice Canada | 59