Defining, Conceptualizing and Describing Organized Crime CRIM 412

Three lenses for organized crime

Organized crime can refer to (1) illegal activities, (2) the groups or networks committing them, and (3) the methods and sophistication used to organize offenses.

Organized crime (OC)

Ongoing, organized, generally profit-oriented serious illegal activity involving multiple offenders; not limited to one Mafia-style structure.

Organized criminal association (OCA)

A recurring group or network of offenders who organize relationships and activities to carry out serious profit-oriented crimes.

Canadian definition discussed in class

Two or more people conspiring secretly and continuously to pursue illegal activities for direct or indirect gain; distinguish this from the Criminal Code definition.

Criminal Code: minimum group size

Three or more people, in Canada or abroad, are required for a criminal organization under section 467.1.

Criminal Code: purpose and exclusion

One main purpose is committing or facilitating serious offenses for direct or indirect material benefit; excludes a random group formed for one immediate offense.

Criminal Code: serious offence

For section 467.1, a serious offence is one carrying a maximum imprisonment of five or more years or otherwise prescribed by regulation.

Organized criminals vs. organized crimes

The first emphasizes enduring relationships among offenders; the second emphasizes complex methods, coordination, and logistics of offenses.

Highly structured vs. loose network

Not all OCAs are rigid hierarchies: some are flexible relationships among independent criminals who pool skills and resources.

Governance vs. criminal activities

Some OCAs regulate territories, disputes or markets like a governing system; others mainly organize profitable illegal transactions.

Overstretching the definition

If the label organized crime covers nearly any serious collective offense, it becomes too broad to distinguish useful characteristics.

Organized crime as a social construct

Policy, law enforcement, and social labels help determine what counts as organized crime; definitions are not value-neutral descriptions alone.

Vander Beken (2012)

Organized crime particularly reflects policy choices and political interests rather than one fixed natural category.

Von Lampe (2016)

The organized-crime concept is a way of making sense of a complicated social reality.

Carrapico (2012)

Defining organized crime involves a labeling process with moral or political dimensions.

OC vs. isolated ordinary crime

OC typically involves sustained coordination and specialized roles or methods; a single spontaneous offense is not automatically OC.

OC vs. terrorism

OC normally seeks material gain as an end; terrorism primarily seeks political or ideological change, though groups can cooperate or finance themselves through crime.

OC vs. state crime

States may commit organized illegal acts, but their primary purpose is not inherently criminal profit; state crime often aims at political power or control.

Harm from organized crime

Includes corruption, exploitation, violence, fraud losses, tax evasion, counterfeit harms, drug harms, and costs of enforcement.

Seven US characteristics (historical attempt)

Conspiracy; profit; legal and illegal enterprises; predatory tactics; discipline; not restricted to Mafia or ethnicity; generally distinct from political terrorism.

European Union criteria (2001)

An eleven-item criteria approach requiring at least six attributes, including mandatory collaboration, duration, serious crime, and profit or power; dates are low priority.

Pillar 1: organizational (attributes 1-9)

Multiple offenders; systematic relationships; division of labour; risk management; specialized communications; restricted membership; recruitment; continuity; multijurisdictional reach.

Attribute 1: multiple offenders

The participation of several people increases the need to organize criminal activity and coordinate offender roles.

Attribute 2: systematic offender relationships

Offenders deliberately maintain functional ties to advance repeated crimes or a shared criminal venture.

Associational ties

Connections based on family, friendship, kinship, ethnicity or shared identity rather than only immediate business utility.

Entrepreneurial ties

Connections formed for practical business value, complementary resources, expertise, and mutual profits.

Attribute 3: specialization and division of labour

Different participants carry out specific tasks; in hierarchies roles may follow rank, whereas in networks roles often follow skills.

Attribute 4: risk management / insulation

Insulation shields leadership from prosecution: OCAs use delegation, secrecy, intermediaries, and separation from risky frontline work to manage arrest and betrayal risks.

Risk management: hierarchy vs. network

Hierarchies delegate dangerous tasks to lower ranks to shield leaders; networks minimize exposure through separate cells, limited identities, and compartmentalized communication.

Attribute 5: specialized communications

Secret channels, coded messages, encryption, and restricted chains of communication reduce detection and interception.

Attribute 6: limited or exclusive membership

Some OCAs restrict membership through family, ethnic, sponsorship, trust, initiation, or apprenticeship requirements.

Attribute 7: recruitment

OCAs bring in participants or associates, sometimes voluntarily and sometimes through pressure or coercion.

Attribute 8: continuity / self-perpetuation

A continuing OCA persists beyond one crime or individual member, surviving arrests, turnover and changes in leadership.

Attribute 9: multi-jurisdictional scope

Activities, supply chains, markets or criminal partners span multiple cities, provinces or countries.

Pillar 2: commercial (attributes 10-15)

Profit-oriented offenses; serious offenses; consensual and predatory crimes; multiple enterprises; monopoly ambitions; support activities.

Attribute 10: profit-oriented crimes

The main business of OCAs is generating money or material gains, unlike crimes driven mainly by passion or ideology.

Attribute 11: serious illegal acts

OCAs engage in consequential crimes such as drug trafficking, extortion, fraud, human trafficking or firearms trafficking.

Attribute 12: consensual vs. predatory crimes

Consensual offenses serve customers willing to buy illegal goods/services (e.g., drugs or gambling); predatory offenses harm unwilling victims (e.g., fraud, theft, extortion).

Attribute 13: multiple enterprises

Diversification across several criminal or legal businesses increases profits and spreads risks.

Attribute 14: monopolistic ambitions

Some OCAs seek dominance over a market, supply chain, territory, or both, rather than accepting competition.

Attribute 15: tactical support activities

Violence, corruption and money laundering facilitate profit-making crime; they are normally tools, not final objectives.

Pillar 3: cultural and behavioural (attributes 16-22)

Career criminals; rationality; subcultural norms; sophistication; non-ideological motivation; rules/codes; discipline.

Attribute 16: chronic serious offenders

Many established members pursue persistent criminal careers rather than committing only occasional or isolated crimes.

Attribute 17: rationality

Offenders weigh risks and rewards, respond to opportunities and demand, and may use violence strategically to advance profits.

Attribute 18: subcultural norms

Shared criminal rules, values, loyalty and identity may openly reject mainstream law and conventional social expectations.

Attribute 19: sophistication

Use of specialized expertise, technological methods, complex logistics, and financial techniques to commit and conceal offenses.

Attribute 20: non-ideological nature

Material gain rather than religious or political transformation is the main aim of typical profit-oriented organized crime.

Attribute 21: rules and codes

Internal secrecy, loyalty, honour and conduct rules organize membership; Mafia omertà is a specific code of silence covered in Topic 3.

Attribute 22: discipline

OCAs enforce their internal rules through sanctions, reputation, threats, fear, and sometimes extreme violence.

Which typology attributes are most universal?

Schneider stresses multiple offenders, systematic and purposeful offender relationships, and profit-oriented crime; most other features vary by OCA.

Applied: lower-level workers absorb arrest risk while leaders stay remote

Insulation / risk management; the structure separates decision-makers from criminal exposure.

Applied: drug seller willingly buys wholesale supply

Consensual illegal transaction; contrast with extortion of a shopkeeper, which is predatory.

Applied: criminal group extorts firms while controlling a neighbourhood

Monopolistic ambition plus governance/protection; intimidation is a tactical support activity.