Académique Documents
Professionnel Documents
Culture Documents
By
VIRGILIO A. BERINGA, JR.
Ph.D. Crim. (In-progress)
ORGANIZED CRIME INVESTIGATION (PRC)
1. Concepts, nature, and attributes of organized crime;
2. Kinds, origin, and modes of operations OC;
3. Transnational or borderless crimes;
4. Kidnapping and terrorism;
5. Cyber/Technology crimes;
6. Organized syndicates;
7. International and national laws, decrees, treaties and statutes.
Concept of Organized Crime
- Organized Crime poses a direct threat to national and international security and
stability, and continues a frontal attack on political and legislative authority.
Organized crimes disrupt and compromise social and economic institutions, thus
causing a loss of faith in democratic process.
WHAT IS ORGANIZED CRIME?
- An organized criminal group shall mean a structured group of three or more
persons, existing for a period of time and acting in concert with the aim of
committing one or more serious crimes or offences in order to obtain, directly
or indirectly, a financial or other material benefit
- (UN, PALERMO ITALY, 2000)
- All illegal activities engaged in by members of criminal syndicates operatives
throughout the United States and all illegal activities engaged in by known
associates and confederates of such members. (U.S Department of Justice)
- Group activities of three or more persons, with hierarchical links or personal
relationships, which permits their leaders to earn profits or control territories
or markets, internal or foreign, by means of violence, intimidation or
corruption, both in furtherance of criminal activity and to infiltrate the
legitimate economy.
- any enterprise or group of persons engaged in a continuing illegal activity
which has as its primary purpose the generation of profits and continuance of
the enterprise regardless of national borders. (INTERPOL, according to P.J.
Ryan and G.E. Rush)
- any group having some manner of formalized structure and whose primary
objective is to obtain money through illegal activities(FBI, according to H.
Abaddinsky)
- Planned commission of criminal offenses, determined by the pursuit of profit
and power, involving more than two persons over a prolonged or indefinite
period of time, using a commercial or business license scheme, violence,
and/or intimidation. (BKA, GermanyBUNDESKRIMINALAMT)
MONOPOLISTIC
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Victimizing business:
Hijacking of cargo trucks
Robbery
Bankruptcy fraud (bust-out)
Insurance Fraud
Stock Fraud (Inside Trading)
Victimizing individual persons:
Car theft (chop-shop or export)
Burglary (robbery in a building)
Stock Fraud (pump and dump scam)
Victimizing State:
Bid-rigging public projects
Counterfeiting of Money
Smuggling (Alcohol bootlegging;
Cigarettes butt legging)
Providing immigrant workers to avoid taxes
2. PROVIDING ILLEGAL SERVICES and GOODS
Loan Sharking
Murder for hire
Book making
Toxic Substance
Gambling
People Smuggling
Prostitution
Trafficking in human beings
Drug Trafficking
Arms dealing
Pornography
3. BUSINESS and LABOR RACKETEERING
Casino skimming
Setting up monopolies in rigid market low tech industries.
Bid-rigging
Abusing labor unions
xtortion (e.g. construction, transport, etc)
Use of non-union labor and pocketing the wage difference.
Monopolizing the supply of immigrant workers with the associated
smuggling.
people;
4. Miscellaneous Activities:
Money laundering;
Political corruptions;
Bullying; and
And Piracy.
THEORIES OF CRIME
1. The strain of anomie
2. Differential association
3. Subcultures and social disorganization
4. Social control theory
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5. Ethnic succession
MAFIA
is a term used to describe a number of criminal organizations around the world
the first organization to bear the label was the Sicilian Mafia based in Italy,
known to its members as Cosa Nostra
in sum, mafia means protection against arrogance of the powerful, remedy to
any damage, sturdiness of body, strength and serenity of spirit, and the best
and exquisite part of life.
apparently Sicilian-Arabic derived from terms meaning to protect and to act as
guardian; a friend or companion; to defend; preservation, power, integrity,
strength, and a condition that designates the remedy of damage and ill.
OMERTA
is a code of silence and secrecy that forbids Mafiosi from betraying their
comrades to the authorities.
Ideal of manliness
Noncooperation with authorities
Self-control in the face of adversity
Vendetta-blood washes blood
Neither government nor church to be trusted
The foundation of the entire mafia is respect. Fear is the engine, and money is
the fuel. But longevity of the mafia as an enterprise is built upon an abiding and
uncommon sense of respect.
The penalty for transgression is death, and relatives of the turncoat may also be
murdered. Mafiosi generally do not associate with police (aside perhaps from corrupting
individual officers as necessary). For instance, a mafioso will not call the police when he
is a victim of a crime. He is expected to take care of the problem himself. To do
otherwise would undermine his reputation as a capable protector of others, and his
enemies may see him as weak and vulnerable.
According to legend, the word Mafia was first used in the Sicilian revolt the Sicilian
Vespers against rule of the Capetian House of Anjou on 30 March 1282. In this
legend, Mafia is the acronym for "Morte Alla Francia, Italia Anela" (Italian for "Death to
France, Italy cries!"). However, this version is now discarded by most serious historians.
RULES OF AMERICAN MAFIA
-
The Surtenos include the Assasins, King Kobra and Mara Salvatrucha.
In the Midwest
The Latino gang coalesced into two syndicates, the Folk Nation and the Peoples
Nation based in Chicago.
In Texas, Mexican American gangs have proliferated with the Mexican Mafia, the
PRM (Partido Revolucionario Mexicano), and Mexicles being the most prominent.
In the Eastern United States
The major syndicates are La Gran Raza (The Great Race) and La Gran Familia
(The Great Family). The Dominican Gangs became the major player in Drug trade in
Metropolitan New York and in Northern New Jersey.
In Miami and Dade County, Florida,
The Cuban Mafia has built a strong base, having taken advantage of an alliance
with Santo Trafficantes Italian American Mafia family based in Tampa.
In Puerto Rico, the Neta Association began as a prison gang, but it has spread
beyond the island and beyond the prison walls.
ORGANIZED CRIME IN ASIA
China Organized Criminal Groups
1. Gangs (Triad) = work in cooperative ventures involving black market activities,
burglaries and thefts, hijackings and extortions.
2. Criminal Syndicates = commonly involved in sophisticated crimes such as
prostitutions, human trafficking and other organized form of both are involved in
drug trafficking particularly of heroin from the golden triangle as well as
Exploitation of women and children and smuggling of illegal immigrants vices.
Dragon Syndicates is another name for the Chinese Triads, a name popularized
by Martin Booths much acclaimed study The Dragon Syndicates: the Global
Phenomenon of the Triads (New York: Carroll and Graf, 2000).
The Triad came from the symbolic triangle in their flag which indicates the three (3)
elements: The Heaven, The Earth and the Man.
Hong Kong Organized Criminal Groups
Triads, such as Wo Sing Wo and 14K are two of the many triads in Hongkong.
They are involved in various activities ranging from drug trafficking to corruption.
ICAC- Independent Commission Against Corruption is one of the most active
Criminal Justice Unit involved in controlling illicit activities of these triads
JAPAN
Yakuza (8-9-3) or Boryokudan
- is the most influential organized crime group in Japan.
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Yakuza makes billions of dollars through corporate extractions and the Sokoiya
(shareholders meeting men).
Other activities that they are involved include exploitation of women, prostitutions
(mostly coming from the Philippines, Thailand and Taiwan) and gambling den.
CAMBODIA
Drug trafficking and human smuggling are the most notable organized criminal
activities in Cambodia which are widely controlled by the Chinese and Myanmorese.
Other activities involved gambling, corruption, prostitution and money laundering.
Due to peoples belief of the effect of having sex with virgin women, prostitution
became one of the most expensive organized crime and virgin women are the highest
valued commodities.
REPUBLIC OF KOREA
KEANDAL EMENING SCARUPS
Although not considered as criminal groups, they also engage in criminal
activities someway to help the weak and the poor. They are notable for their loyalty and
faithfulness.
Organized criminal groups come in the form of political groups used as
henchmen to attack political rivals
.
Several organized groups are associated with YAKUZA and other groups in the
United States are involved mostly in drug trafficking, prostitution and exploitation of
women.
MYANMAR
Myanmar has the largest organized crime groups controlled by military Junta. It
includes the following:
*United Wa State Army (UWSA) under the command of Wei-Huseh-Kong has
connection with Southeast Asian and North America.
* Kinkang Chinese in coordination with MNDAA, protects cultivation areas and
refining of drugs.
* Myanmar National Democratic Alliance Army control the plantations and
refine opium into heroin and also produced methamphetamine.
Trafficking of women and children to Pakistan and Thailand and corruption are
also some of the activities of the group.
TAIWAN
Taiwan organized crime has close connection with the Chinese Triads and Hong
Kong particularly the United Bamboo Gang. They are involved in drug trafficking,
prostitution, women and child trafficking.
SINGAPORE
This is the country with the lowest cases of organized activities due to stringent
laws and severe penalties and the governments strong will power for the
implementation of laws.
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THAILAND
The country considered to be the most notorious in the world in terms of sex
industry. Supplies or imports about one (1) million women in different countries in Asia.
VIETNAM
Nam Cam Gang is one of the most noted organized crime group in Vietnam
and known for drug trafficking and one of the major transit point of drugs in Laos,
Myanmar, China and Taiwan from Cambodia.
PHILIPPINES
The country considered as the heaven for the sex industry. A number of women
are sent abroad as entertainers but later end-up as prostitutes. Thailand, Japan and
other Asian Countries are common places of their destination. Young children for
pedophiles are also being catered.
1. Francisco Group
Dragon or Kuratong Baleleng Group, now led by Manuel Francisco, operates in
Visayas and Mindanao
2. Pentagon Group
operates in Mindanao headed by Tahir Alonto, a creation of MILF to generate
funds. Alonto is a nephew of MILF Chairman AL HAJ MURAD
3. Lexus Group
specializes in carnapping and operates in NCR and Luzon
4. Rex Wacky Salud Group
engaged in illegal gambling and operates in Cebu
5. Vic Yu Group
engages in illegal gambling and operates in Visayas.
6. Superable Family
a kidnapping for ransom (KFR) group with a 1 Million prize for the leaders head
who was killed in action during a shoot-out with law enforcers
7. Martires KFR group
killed in Action (KIA)
8. Waray-Waray Group
an ethnic group engaged in kidnap for ransom operations. Members are either
belong from the family clan or natives from Samar and Leyte. Their leader was
arrested on September 24, 2005.
9. Lupo Rhu Group
lead by Lupo Miguel Tuliao; Agustin Cavilan; and Nestor Merin.
TRANSNATIONAL ORGANIZED CRIME
CONCEPT OF TRANSNATIONAL CRIME
The concept of transnational crime was coined by the United Nations (UN) Crime
Prevention and Criminal Justice Branch to identify certain criminal phenomena
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Individual level
- Lack of education and information
- History of abuse and exploitation
- Womens aspiration
Family
- Domestic violence or marital discord
- Desertion
- Separation
- Neglect of parents
- Breadwinner or desire to improve the familys economic condition
Community
- Congested neighborhood
- Poor housing and living conditions
- Lack of employment opportunities
- Lack of basic social services
Society
- Political and economic insecurity
- Political corruption
- Conflict
- Structural adjustment policies resulting in the rising cost of living
- Poverty
- power relations and gender inequality
- Lure of migration
- Consumerism
- Supply and demand
Pull factors to trafficking
- Increased ease of travel (cheaper and faster travel opportunities, easier access
to passport);
- Higher salaries and standard of living in larger cities and countries abroad
(greater possibilities for acquiring new skills and education, increased job
opportunity, and mobility);
- Established migration routes and ethnic, national communities;
- Active demand for migrant workers in destination countries combined with the
existence of recruitment agencies and persons willing to facilitate jobs and travel;
and
- High expectations of opportunities in other countries boosted by global media
and internet access and stories of returning migrants or those whose families
have profited from remittances.
Global Status of Human Trafficking
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In 2004, according to U.S government 600,000 to 800, 000 people were victims
of trafficking worldwide.
(mostly female and minors and 70 percent were trafficked for sexual exploitation)
According to the data of International Labour Organization 12.3 Million people
were trafficked around the world (across borders and individual countries)
300, 000 children were trafficked to served in armed conflicts (UNICEF)
TIP in Asia
- 9.5 million were trafficked in Asia (ILO).
(1/3 trafficked for other form of economic exploitation, the rest are for commercial
sexual exploitation)
Status of Human Trafficking in the Phil.
- According to the United Nations Children's Fund (Unicef)an estimated 60,000 to
100,000 children in the Philippines are involved in prostitution rings.
- According to the International Labour Organization (ILO) about 100,000 children
are involved in prostitution.
- US government reports, the number of child victims in the Philippines range from
20,000 to 100,000, with foreign tourists, particularly other Asians, as perpetrators.
- The Philippines is ranked under Tier 2 Watch List in the 2009 Trafficking in
Persons Report of the United States (US) State Department due to the Philippine
governments alleged failure to show evidence of progress in convicting
trafficking offenders, particularly those responsible for labor trafficking.
Vulnerable sector
- Profiles of women trafficked show that they are mostly young, without or less
education coming from the rural areas and poor families, which include women
displaced in Central Luzon due to the eruption of Mt. Pinatubo or the landslide in
Guinsaugon Southern Leyte.
Philippine Government Manifested its Commitment against TIP through the
Creation/Amendment of other legislative acts such as:
- Mail-Order Bride (RA 6955)
- Anti-Rape law of 1997 (RA 8553)
- Rape Victim Assistance and Protection Act of 1988 (RA 8505)
- Special Protection of Children Against Abuse, Exploitation and Discrimination Act
(RA 7610)
- An Act Prohibiting the Employment of Children Below 15 Years of Age in Public
and Private Undertakings (RA 7658)
- Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042)
- Philippine Passport Act of 1996 (RA 8239)
- Inter-Country Adoption Law (RA 8043)
Republic Act 9208
Anti-Trafficking in Persons Act of 2003
Approved May 26, 2003
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Consolidation of Senate Bill No. 2444 and House Bill No. 2444
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or
juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training
or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration,
any person or, as provided for under Republic Act No. 6955, any Filipino woman to a
foreign national, for marriage for the purpose of acquiring, buying, offering, selling or
trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying,
offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography or
sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of
force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale
of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines
or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote
or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling
certificates, registration stickers and certificates of any government agency which issues
these certificates and stickers as proof of compliance with government regulatory and
pre-departure requirements for the purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement,
publication, printing, broadcasting or distribution by any means, including the use of
information technology and the internet, of any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that
are mandated to provide pre-departure registration and services for departing persons
for the purpose of promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
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During the height of the LOVE BUG incident, Reuters has reported: "The
Philippines has yet to arrest the suspected creator of the 'Love Bug' computer virus
because it lacks laws that deal with computer crime, a senior police officer said". The
fact of the matter is that there are no laws relating to Cybercrime in the Philippines. The
National Bureau of Investigation is finding it difficult to legally arrest the suspect behind
the 'Love Bug' computer virus.
As such, the need for countries to legislate Cyberlaws relating to Cybercrime
arises on an urgent priority basis. Due to the incident, the Philippines have seen the
necessity for the passage of a law to penalize cyber crimes, thus the enactment of
Republic Act 8792 otherwise known as the Electronic Commerce Act.
RA 8792
legislated because of I love you
This Act shall be known and
Approved June 14, 2000
virus
cited as the "Electronic
Commerce Act.
Cracking
is a higher form of hacking in which the unauthorized access culminates with the
process of defeating the security system for the purpose of acquiring money or
information and/or availing of free services
Malicious Sending of E-mails
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the sending of malicious and defamatory electronic mails for the purpose of
extorting money, or threatening prospective victims
Internet Pornography
The trafficking, distribution, posting, and dissemination of obscene material
including childrens nude pictures, indecent exposure, and child sex slavery
posted into the internet, live streaming videos aired through the internet
A computer virus
is a computer program that can copy itself and infect a computer without
permission or knowledge of the user
Launching of Harmful Computer Virus
1. Virus
2. Worm
3. Trojan Horse
Worm
spread itself to other computers without needing
to be transferred as part of a host
Trojan horse
is a file that appears harmless until executed. Trojan horses do not insert their
code into other computer files
Logic bomb
a set of instructions secretly inserted into a program that is designed to execute if
a particular program is satisfied
the bomb lies dormant until a particular date is reached or command entered
Identity theft
defined as the criminal act of assuming persons name, address, social security
number, and date of birth in order to commit fraud
Phishing
sending fraudulent e-mails or website pop-ups, to get victims to divulge sensitive
financial information such as credit card numbers or social security numbers
Distributed Denial of Service Attacks
DDoS attacks can be committed by employing multiple computers controlled by a
single master computer server to target a particular server by bombarding it with
thousands of packets of data in an attempt to overwhelm the server and cause it
to crash
Website defacement
is the unauthorized modification of a website
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Credit card numbers of American Express start with the number 3, MasterCard
credit cards start with the number 5 while VISA Credit cards start with the number
4
American Express credit cards have 15 digits Account Number while Visa and
Mastercard credit cards contain 16.
The fraudster falsifies all information that he enters on the signup page. The only
true information is his email address, for he will be contacted by interested
bidders by means of email.He will be asked to provide a credit card. This is
where he will need the fraudulently acquired credit card. When all of the required
fields are signed up, his application will be approved and he will be a registered
member of the said auction site. He is now then allowed to bid, and auction any
item. A fraudster will auction expensive items such as laptops, cellphones, PDAs
(handheld devices), desktop computers, camcorders and hard to find
memorabilias. He will then sell it at a lower price for legitimate bidders to bid
immediately. An online fraudster only accepts payments thru personal checks,
money order, wire transfer and western union money transfer. It is bluntly
stipulated in his auction page.
TECHNICAL TERMS
ISP stands for Internet Service Provider. It provides internet service to internet users.
IP Address series of numbers assigned by an Internet Service Provider to an internet
user when it connects to the Internet
Dynamic IP Address a type of IP Address that changes everytime the internet user
accesses his Internet Service Provider. It is usually assigned to dial-up or base speed
broadband service subscribers (eg. ISP Bonanza, Surfmaxx, PLDT myDSL 128kbps
service etc.)
Static IP Address a type of IP Address that is constant regardless of the time or
number of attempts the internet user accesses the internet. It is usually assigned to
High-Speed Internet Users or Corporate Accounts (eg. ADSL (Asymetric Digital
Subscriber Line) connections, E1 Internet Connections, OC3 Internet Connections, T1
Internet Connections, Leased Line Internet Connections)
Website a portfolio of a person / organization / entity / company which is posted on
the Internet for accessibility worldwide.
The INTERNET PROTOCOL (IP) ADDRESS is the anchor of the investigation of
all crimes committed via the internet. The identification of the IP Address leads to the
identity of the Internet Service Provider (ISP) used to access the internet and eventually
the subscriber of the account where the internet activity was performed.
The IP Address as given by the ISP depends on the type of internet account a
subscriber maintains, whether it is a DYNAMIC IP or STATIC IP.
If Static:
Subscriber information (name, billing address, installation address, type of
internet account, usage and costs etc.) if applicable
If Dynamic
log reports indicating telephone number used to make dial-up access
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VERY IMPORTANT:
The address of the subscriber as given by the ISP or Phone Company should be
analyzed to determine whether it is a Billing Address or an Installation Address.
For purposes of a search warrant application, the Installation Address is the more
important matter to consider. The purpose of a Search Warrant application/
implementation in a cyber crime investigation, as with any other offense is to confiscate
and seize the instruments/implements, tools used in the commission of the offense.
Since the crime was committed with the aid of a computer, the same and its peripherals
are the instruments used in its commission.
TOP TEN SECURITY TIPS FOR COMPUTER USERS
1. Never send an e-mail that you wouldn't let your wife or boss to read.
2. Turn off your computer when you are not using it. It is the only sure way to keep
the hackers out.
3. Use a password to log onto your computer. Most operating system let you set a
password and to change it regularly.
4. Dont accept cookies. If you have to, delete them when you are finished surfing.
5. Use the latest versions and software patches for your e-mail and your browser.
New security loopholes are constantly being discovered.
6. Keep your antivirus up to date. Hackers never rest. Every email attachment can
contain a virus, so scan it before you open it.
7. Watch your laptop at the airport. Be specially careful at X-ray security machines,
which is where most laptop theft occur.
8. Dont use the same password over and over. Make new variations.
9. Use a paper shredder. Dont just throw out unsolicited credit card application.
Shred them.
10. Never give out your social security number, online or off. This information in a
wrong hand is license to steal.
TERRORISM
-
the word terror derives from the Latin word terrere, meaning to frighten
the use or threatened use of force design to bring about political change. (Brian
Jenkins of the Rand Corporation)
the unlawful use of force or violence against persons or property to intimidate or
coerce a government, the civilian population, or any segment thereof, in furtherance
of political or social objectives (FBI)
an action the urban guerilla must execute with the cold-bloodedness, calmness and
decision (Modern godfather of urban guerilla, Carlos Marighella)
a premeditated, politically motivated violence perpetuated against noncombatant
targets by groups of clandestine state agents, usually intended to influence an
audience (U.S Department of State)
Paul Pillar, an erstwhile deputy chief of the CIA counter-terrorist center, opined that
terrorism has four basic components or elements providing guides to defining it,
namely:
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International terrorism
politically-oriented extreme violence that is perpetrated by residents or
representatives of one or more countries against the interest of another country
or by members of a violent foreign politically directed organization not affiliated
with the country being attacked for the purpose of forcing a change in
government or in how society functions
Al Qaeda
in Arabic, this means The Base
founded by Osama bin Laden in 1980
Osama bin Laden
Organized al Qaeda
born in 1955 or 1957 in the city of Riyadh
responsible for truly heinous terrorist incidents, including the 2001 destruction
of the World Trade Center
died killed in Pakistan on May 2, 2011 (Operation Neptune Spear)
Ayman Mohammed Rabie al-Zawahiri
Born June 19, 1951
An Egyptian physician, Islamic theologian and current leader of
al-Qaeda.
Hamas
- "enthusiasm
- an acronym of Harakat al-Muqwamah al-Islmiyyah "Islamic Resistance
Movement")
- is the Palestinian Sunni Islamic or Islamist political party that governs the Gaza Strip.
- Sheikh Ahmed Yassin & Mahmoud Zahar
- Hamas is an extremist group...it is one of the deadliest terrorist organizations in the
world today. George W. Bush
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Hezbollah
- literally "Party of God
- is a Shi'a Muslim militant group and political party based in Lebanon.
- receives financial and political support from Iran and Syria, and its paramilitary wing
is regarded as a resistance movement throughout much of the Arab and Muslim
worlds
- the United States, the Netherlands United Kingdom, Israel, Australia, and Canada
classify Hezbollah as a terrorist organization, in whole or in part
Jemaah Islamiya
- Dates of operation: 1993- present
- Aliases: "Islamic Congregation, Islamic Community, Islamic Group
- Base of Operation: Indonesia; Malaysia; Philippines; Singapore
- Founding Philosophy: Create an Islamic state across Southeast Asia to include
Singapore, Indonesia, Malaysia, Brunei, southern Thailand, and southern
Philippines.
- JI was added to the United Nations 1267 Committee's list of terrorist organizations
linked to al-Qaeda or the Taliban on 25 October 2002 under UN Security Council
Resolution 1267
Domestic Terrorism
- politically oriented extreme violence that is perpetrated by residents of a country
within that country in order to force a change in government or how in society
functions
TERRORIST IN THE PHILIPPINES
Rajah Solaiman Movement
aka Balik Islam or Back To Islam
founder Hilarion del Rosario Santos III aka Hannah Santos, aka Ahmed Santos,
aka Hilarion del Rosario, converted to Islam in 1993 and married into the top
ranks of the leadership of the Abu Sayyaf Group (ASG)
one of the latest groups affiliated with ASG, MILF and JI
ABU SAYYAF GROUP (ASG)
Aliases:
Al-Harakat Al-Islamiyyah, Bearer of the Sword, Father of the Swordsman
Founding Philosophy
The Abu Sayyaf Group (ASG) was formed in 1991 during the peace process
between the Philippine government and the nationalist/separatist terrorist group,
the Moro National Liberation Front (MNLF). Angered by the movement toward a
peaceful resolution, certain MNLF members formed Abu Sayyaf
DIFFERENT TYPES OF TERRORISM
1. Anti-colonial Terrorism
2. Ideological Terrorism
3. Religious Terrorism
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Ethnocentric
- the category of terrorist organization which is aimed at establishing a dominant or
superior race that will be looked upon by the entire populace in the world.
Revolutionary
- the category of terrorist group which is dedicated to overthrow an established order
and replacing it with a new political or social structure.
Political
- the category of terrorist group which aims in restructuring the society.
Nationalistic
- those who commit acts of violence due to their loyalty or devotion to their country.
ROOT CAUSES OF TERRORISM
1. Political Ideologicalism
2. Religious Fanaticism
Jihad
the term which refers to the holy war waged by members of the Islamic religion
against the Jews.
IDEOLOGY
body of ideas affecting the social needs and aspirations of an individual or group,
a class or a culture
Bovier defines it as a set of doctrines or beliefs that from the basis of a political,
economic and other systems.
TERRORIST TACTICS
1. Bombings
2. Assassinations and Assaults
3. Kidnapping
4. Hostage-taking/skyjacking
5. Weapons of mass destruction
(WMD)
1. Nerve Agents
- agents that disrupt the mechanism by which nerves communicate with organs they
stimulate
- in other words the agents gets the nerves to send the wrong signal to the muscles
they control and hence, disrupt muscle function of the body
ex. Sarin Gas
2. Blistering Agents
there are three common of this type; the most widely known are mustard gas,
lewisite, and phosgene oxime. Mustard gas, first used in World War I, will caused
blistering on the exposed portions of the body, as well as on internal organs. It
will generally cause blindness and then death by respiratory failure
3. Chocking Agents
one of the deadliest choking agents is phosgene gas. This agent damages the
respiratory system and causes the lungs to fill with water, and thus chokes the
victim.
Ex. chlorine
Biological Agents (liquid or dry form)
1. Anthrax
2. Botulinum toxin
3. Brucellosis
4. Cholera
5. Plague
6. Typhoid fever
7. Rickettsia
Anthrax
a single cell organism that is produced by a fermentation process, such as that
by which beer is made
caused by Bacillus anthracis and the effects of exposure include a severe
infection that attacks the skin, lungs, and gastrointestinal tract
direct contact will cause formation of dry scabs all over the victims body and can
develop into systematic infection
when inhaled, the agent attacks the respiratory system with symptoms appearing
from one to seven days
-
Botulinum toxin
a protein made by the clostridium botulinum bacteria
exposure to the toxin, the nerve cell synapses are affected, causing palsy,
spasms, and then paralysis
Brucellosis
also known as undulant fever
symptoms can include intermittent or
sweating, chills, pains in the joints and
Cholera
an acute gastrointestinal disease caused by Vibrio Cholera
symptoms include a sudden onset of nausea and or vomiting accompanied by
severe diarrhea and a rapid loss of body fluids
Plague
in natural transmittal form, the plague may the bubonic plague, or black death
that eradicated a great number of European in the middle ages
- transmitted from person to person by respiratory transmission, through rats, or
from the bite of an infected flea
- symptoms are high fever accompanied by general aches, severe weakness, and
pneumonia
Typhoid fever
- caused by an organism called salmonella typhosa which causes fever and frontal
headaches and is usually accompanied by rose colored spots on the skin
- must employed through food and limited water contamination
Rickettsia
- disease that appears in domesticated animals such as sheep, cattle, and goats
- spread to human through inhalation of particles contaminated with organism
- incubation period, ranging from 10 to 14 days
BOMBING
Terrorist commit bombings for a number of reasons:
1. To gain media attention, particularly the target is visible or symbolic.
2. Bombing is a cost effective and efficient way to attack a facility.
3. Bombing can be accomplished with a small number of personnel.
4. Bombing is inexpensive in comparison to alternatives such as kidnapping or
hostage-taking.
5. Random bombing make a considerable impact on the population, because more
people fear a bomb attack than being kidnapped or taken hostage.
6. Explosives are readily available through theft, sympathetic supporters, or
purchase. Explosives can be constructed through the use legitimately purchased
chemicals, fertilizers, and other material.
Types of bombers
1. Amateur
2. Professional
3. Psychopathic
4. Suicidal
1. Amateur
can be described as experiments
2. Professional
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Terrorism
any person who commits an act punishable under any of the following provisions of
the RPC: (Sec. 3)
1. Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction)
or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of
1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on
Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)thereby sowing and
creating a condition of widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to an unlawful demand
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shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40)
years of imprisonment, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
R.A. 9372, SEC. 4. Conspiracy to Commit Terrorism
Persons who conspire to commit the crime of terrorism shall suffer the penalty of
forty (40) years of imprisonment
There is conspiracy when two or more persons come to an agreement
concerning the commission of the crime of terrorism
The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the
contrary notwithstanding, a police or law enforcement official and the members of his
team may, upon a written order of the Court of Appeals, listen to, intercept and record,
with the use of any mode, form, kind or type of electronic or other surveillance
equipment or intercepting and tracking devices, or with the use of any other suitable
ways and means for that purpose, any communication, message, conversation,
discussion, or spoken or written words between members of a judicially declared and
outlawed terrorist organization, association, or group of persons or of any person
charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications
between lawyers and clients, doctors and patients, journalists and their sources and
confidential business correspondence shall not be authorized.
MONEY LAUNDERING
-
The physical disposal of cash proceeds derived from the unlawful activity.
The aim is to remove cash from the location of acquisition to avoid detection.
Separating illicit proceeds from their source by creating complex layers of
financial transactions designed to disguise the source of money, subvert the audit
trail and provide anonymity.
The purpose is to disassociate the illicit proceeds from the unlawful activity by
creating intentionally a complex web of financial transactions aimed at concealing
any audit trail as well as the source and ownership of funds.
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The final stage in the process at which the money is integrated into legitimate
economic and financial systems and is assimilated with all the other assets in the
system.
Integration of laundered money into the economy is accomplished by making it
appear to have been legally earned. Thus, exceedingly difficult to distinguish
between legal and illegal wealth.
Laundering of Proceeds
Mix dirty money with legitimate funds
Use dirty money for legitimate purposes
Invest dirty money in
legitimate business/es
The Vienna Convention of 1988 The United Nations Convention Against Illicit Traffic
in Narcotic Drugs and Psychotropic Substances
To deprive persons engaged in illicit traffic of the proceeds of their criminal
activities and thereby eliminate their main incentive for doing.
Taking profit away from the crime!
Fighting money laundering prevents the criminal from enjoying his ill-gotten gains
and he will also be unable to infuse the same back to his criminal activity or
organization.
The Financial Action Task Force (FATF) is the international body formed by the
leading industrial countries in the world, collectively known as the Group of
Seven (G7), during the Paris G7 Summit of 1989.
The Forty Recommendations
List of measures that the FATF encourages all nations to adopt in order to
institute and implement an effective anti-money laundering program. They
constitute the international standards of anti-money laundering measures with
respect to the criminal justice system, law enforcement procedures and the
regulation of the financial system.
1.
2.
3.
4.
5.
The FATF cracks down on terrorist financing with the following nine special
recommendations :
5. Provide the widest possible range of assistance to other countries law
enforcement and regulatory authorities for terrorist financing investigations.
6. Impose anti-money laundering requirements on alternative remittance systems.
7. Strengthen customer identification requirements in international and domestic
wire transfers.
8. Ensure that entities, in particular non-profit organizations cannot be used to
finance terrorism.
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Swindling
Smuggling
Offenses under the E-Commerce Act
Hijacking, destructive arson, murder,
Violations of the Securities and Regulation Code
Felonies or offenses of a similar nature under penal laws of other
countries
the possibility that lawsuits, adverse judgments or contracts that turn out to be
unenforceable can disrupt or adversely affect the operations or condition of a
bank.
RA 9194
approved on March 7, 2003
An Act Amending Republic Act No. 9160, otherwise known as the Anti-Money
Laundering Act of 2001
ARM SMUGGLING
Smuggling
- also known as trafficking, is the clandestine transportation of goods or persons
past a point where prohibited, such as out of a building, into a prison, or across
an international border, in violation of the law or other rules
WHAT ARE FIREARMS?
- includes handguns, revolvers, pistols, rifles, muskets, carbines, shotguns,
cannons and all other deadly weapons from which a bullet, ball, shot, shall or
other missile may be discharged by means of gunpowder or other explosives
- also includes air rifles and air pistols not classified as toys under the provisions of
Executive Order No. 712 dated 28 July 1981. The barrel of any firearm shall be
considered a complete firearm.
FIREARMS TRAFFICKING
- refers to the act of any person who, through the use of any fraudulent
machinations, shall import or bring into, or export from, the Philippines, or assist
in so doing, any firearm or parts thereof, explosive or ammunition or machine,
implements, equipments or tools for the manufacture of firearms.
- shall likewise refer to the act of any person who, contrary to law, shall:
- receive, conceal, buy, sell, or in any manner facilitate the
transportation, concealment or sale of said firearms or parts
thereof, explosive or ammunition or machine, implements,
equipments or tools for the manufacture of firearms, ammunition or
explosives after importation, knowing the same to have been
imported contrary to law.
Why does this illicit activity flourish?
- It is a dangerous but profitable criminal enterprise.
- However, it threatens not only public safety and national security but also
endangers, and oftentimes, takes away the lives of innocent persons.
- It is one of the transnational organized crimes that affect not only the Philippines
and other neighboring Asian countries but also the rest of the world.
- The country lacks anti-firearms smuggling/trafficking laws.
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No region is immune to illicit trade and trafficking in small arms and light
weapons
Collaborative and cooperative measures are essential to address this
transnational threat.
center fire magnum and other firearms with firing capability of full automatic and
by burst of two or three: Provided however, That no other crime was committed
by the person arrested)
INTELLECTUAL PROPERTY THEFT
Intellectual property theft is used interchangeably with intellectual property piracy
which is the unauthorized copying of goods, or works such as software, for resale by
way of profit or trade; the production and sale by way of trade of copies of goods which
have been made without the authority of the owner of the intellectual property; the
facilitation of their production, and the distribution of such goods including importation
and retailing; counterfeiting or pirating of goods facilitated by use of the Internet or
satellite technologies, or piracy or theft of information or broadcasts, or unauthorized
photocopying of books for education purposes, or of unauthorized end-user piracy of
software beyond the purchasers license, or piracy of domain names or company
names, or counterfeiting of currency; the unauthorized manufacture and distribution of
copies of such goods and works which are intended to appear to be so similar to the
original as to be passed off as genuine examples. This includes use of famous brands
on clothing not manufactured by or on behalf of the owner of the trade mark, and exact
copies of CDs containing any material or software, which are traded in a form intended
to be indistinguishable to ordinary consumers from the genuine product. Intellectual
property right is the legal ownership by a person or business of a copyright, design,
and patent, trade mark attached to a particular product or process which protects the
owner against unauthorized copying or imitation. Such property rights are an important
element of product differentiation and confer temporary monopoly advantages to
suppliers (Pass, Lowes and Davies 1993: 265). The term intellectual property rights
include copyright and related rights, trademarks and service marks, geographic
indications, industrial designs, patents, layout-designs.
Four categories of intellectual property according to Nicole Leeper Piquero
- Patents
- Trademarks
- Trade secrets
- Copyright
Republic Act No. 8293
approved on June 6, 1997
This Act shall take effect on 1
January
1998.
Intellectual Property Code of the Philippines.
RA 10088
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DRUG TRAFFICKING
The Drug Trade
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From the farmers to the producers, the smugglers, the street dealers, and the
users, the drug trade is deeply rooted in the global economy. It is protected and
overseen by powerful groups known as drug cartels that make huge profits from this
multibillion-dollar industry.
What is drug trafficking?
another term for dug trade
refers to the illegal process through
which narcotics and other illegal drugs
are
produced,
transported, and sold.
the illegal cultivation, culture, delivery, administration, dispensation, manufacture,
sale, trading, transportation, distribution, importation, exportation and possession
of any dangerous drug and/or controlled precursor and essential chemical.
generally refers to the sale and distribution of illegal drugs
R.A. 6425 Dangerous Drug Act of 1972 was repealed by,
R.A. 9165 Comprehensive Dangerous Drug Act of 2002.
ENVIRONMENTAL CRIME
Environmental crime
- the deliberate evasion of environmental laws and regulations by individuals and
companies in the pursuit of personal interest and benefit. Where these activities
involve movements across national boundaries, or impacts upon the world as a
whole, they can be termed "international environmental crime
The most common types of environmental crime fall under these major categories:
(1) biodiversity;
(2) natural resources-related crime;
(3) wastes;
(4) banned substances;
(5) other environmental offences like biopiracy and transport of controlled
biological or genetically modified material; Illegal dumping of oil and other wastes in
oceans; violations of potential trade restrictions under the 1998 Rotterdam Convention
on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and
Pesticides in International Trade; Trade in chemicals in contravention to the 2001
Stockholm; Convention on Persistent Organic Pollutants; and fuel smuggling to avoid
taxes or future controls on carbon emissions.
ECONOMIC CRIME
Economic Crime
- referred to as commercial crimes and known also as white collar crimes
- any act characterized by fraud, concealment, or a violation of trust and are not
dependent upon the application or threat of physical force or violence
PIRACY AND ARMED ROBBERY AGAINST SHIPS
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insignias, coat of arms, crests, flags, arms and armor, vehicles or ships or boats in part
or in whole.
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