Law Enforcement Practices Targeting Organised Crime in Australia - Thesis Example

Organized Crime in Australia Student Name Course Name Tutor Critical Analysis of existing Australian law enforcement agencies and their practices in investigating and dealing with organized crime in Australia Introduction In the recent years, organized crime can be described as more complex and sophisticated. This is due to the manner in which organized criminal groups have transformed their operations in ways that expand their reach and further making it difficult for law enforcement agencies to combat their activities. The complex nature of organized crime has therefore posed a great deal of challenges for the Australian law enforcement agencies. It is however essential to take note of the fact that, in despite of the existing challenges that have faced and continue to face law enforcement agencies in dealing with organized crime, the agencies have been working hard in order combat organized crime. This particular paper therefore seeks to analyze the existing Australian law enforcement agencies and their contribution in investigating and dealing with organized crime in Australia. The scope of the analysis will also be grounded on evaluating whether these agencies need to consider alternative practices to effectively target organized crime. In addition the paper will also examine how the practices of Australian law enforcement agencies need to change and adapt in order to deal with the changing nature of organized crime groups and their practices. The Australian Federal Police The Australian Federal Police is basically the major law enforcement agency that deals with issues associated to community policing and also the investigation criminal offences in Australia and also in oversee regions. Irwin, (2001, p5) highlights that policing organized crime in contemporary Australian society requires the adoption of law enforcement strategies and powers that achieve lasting results. In addition as an investigative body, the federal police should also be multi skilled, flexible, adaptive and disciplined. The predicament of dealing with organized crime has been a major area of concern for the Australian Federal Police for a long period of time; consequently the agency has adopted various approaches of dealing with organized crime. 1 One of the strategies adopted by Australian Federal Police in responding to organized crime is collaboration. Collaboration entails team working with other law enforcement agencies, organizations, the government and also the public in order to attain the common objective of dealing with organized crime. The Australian Federal Police acknowledges the fact that based on the degree of sophistication and complexity displayed by organized criminal groups, they can not work alone. As a result the concept of collaboration has been very significant. The Australian federal police report (2011) reveals that in the recent years, the agency has actively adopted the collaboration approach with domestic agency partners such as the Protection Service (ACBPS) and the Australian Customs in order to combatant drug importation into and out of Australia . A case in point is the 2007 operation Inca, which is a major collaboration to combat the importation of MDMA into Australia. Operation Inca was among the world’s biggest seizure of MDMA of approximately 15 million pills or 4.4 tonnes. The Australian Federal Police collaborated with the customs department in ensuring that the drugs were seized before they entered into the country and caused harm to the community in terms of social costs and also health. Officers from both groups worked together to create a core group that was to deal with the investigation of the Operation Inca. The customs department released thirty two officers while the federal police used 400 officers. The operation was successful, 30 people were arrested and prosecuted in Australia, while one person was prosecuted in Belgium.2 Partnership with private sector organizations has also been an effective approach in which the federal police have been able to combat organized criminal activities. Levi, (2004,p422) highlights that there are many organized criminal activities that take place in the private sector however this may by pass law enforcement agencies such as the federal police.3 For instance Hughes (2007, p6) reveals that organized criminal networks have infiltrated the typical financial sector. The networks have been operating money laundering schemes from within legitimate financial institutions. Currently organized criminal groups operate just like legitimate businesses.4 This therefore makes it difficult police to seize these activities. The federal police in partnership with various private sector organizations have been able to formulate strategies of dealing with organized crime. For instance Levi (2004, p419) reveals that the federal police developed a routine reporting system in conjunction with AUSTRAC, whereby private sector organizations can report suspicious activities such as huge cash deposits, cash imports and exports and wire transfers which may be linked to money laundering activities. 5 International networking is another eminent approach that has been adopted by the Australian Federal Police in order to combat organized crime. In order to compliment sufficient control of the Australia borders, the Australian Federal Police has been working together with international jurisdictions in order to deal with various types of organized crimes. Through liaison with other international bodies the Australian Federal Police has been able to reduce various types of organized criminal syndicates that may operate within and outside Australia. 6 Innovative and broad based intelligence is another approach that has been adopted by the federal police in order combat organized criminal activities. Coyne, (2011, p61) highlights that the application of intelligence in law enforcement is perceived as a means by which intelligence is used in making sense of information gathered from investigations. Intelligence is increasingly significant in an age where the function of the police has been transformed from simplistic enforcement and response to one that involves managing the risk of human security. Consequently as organized crime undergoes a rapid paradigm shift in terms of increasing level of complexity and sophistication, broad based intelligence can be utilized in the reduction of the effects that can be brought about by the evolving activities of organized criminal groups7 According to Irwin, (2001, p9) the Australian federal police has utilized broad based intelligence when investigating criminal syndicates. In addition they have also adopted innovative intelligent approaches in order to uncover huge organized criminal activities. For example some of the innovative intelligent approaches include informant and undercover programs together with technical and physical surveillance which have played a significant role in obtaining information and also providing a critical intelligence insight into organized crime.8 For instance an article in The Australian (2010) reveals that an Iranian –born Sydney cleric known as Mansour Leghaei was deported from Australia after the federal police deemed him to be a security threat. Neighbour, (2010) highlights that the allegations against cleric were not derived from the evidence brought by his lawyers but rather the use of criminal intelligence played a key role in arriving at the decision to deport the cleric. 9 Australian Crime Commission The Australian crime commission can be described as a watchdog that works towards facilitating the reduction of criminal activities. As an independent statuary body, the agency was established in 2003 January under the 2002 Australian Crime Commission Act. The approach adopted by the Australian crime commission in order to deal with organized crime is usually determined by the agencies board. Some of the members of The ACC board members include; the Commissioner of the Australian federal Police (Chair), the heads of the Australian Security Intelligence Organisation and a territory police commissioner from each state. 10 The Australian Crime Commission Act 2002 provides a validation for the ACC to conduct investigation into organized criminal activities through the utilization of law enforcement powers specified by the Act. Some of the powers entail the use of search warrants, the application of surveillance devices, giving sermons which require a suspected individual to provide evidence, taking part in controlled operations and accessing and retrieving stored information that may be linked to organized criminal activities. For instance an article on The Age written by Welch, (2011) highlights that the ACC launched various investigations that aimed at fighting money laundering crimes. A case in point is that examining links that exist between Australian based syndicates and money laundering networks at international the international level.11 The ACC has also adopted collaboration as one of the significant approaches of dealing with organized crime. The agency has been working with other bodies such as the National Drug and Alcohol research Centre and the Australian Institute of Criminology in order to come up with a more holistic image of the criminal economy, the illicit drug market, money laundering and the various types of fraud. The ACC has greatly benefited from the proposed or existing research initiatives provided by these bodies. This is because the knowledge and data obtained has assisted the ACC in combating organized criminal activities. For instance in the past year the ACC has been working together with the federal Environmental department in order to investigate criminal syndicates that have the objective of endangering wildlife species12 The ACC has also been actively involved in forums that aim at developing polices that can combat organized criminal activities. One of such forums is the Heads of National Drug Law Enforcement Agencies (HONLEA). In addition the ACC is also represented in wide range of drug associated councils such as Inter-governmental the Committee on Drugs (IGCD) and the Australian National Council on Drugs (ANCD).13 Australian Customs and Border Protection Service The Australian customs and Border protection is a significant agency that plays the role of protecting the borders of Australia from entry of harmful an illegal goods and also unauthorized people. The CBP has actively been involved in the fighting organized crime through the use of surveillance. This is done by ensuring that the Australian boundaries are protected from illegal criminal activities undertaken by organized criminal groups. Some of the surveillance activities performed by the agency include; passenger screening and cargo intervention. 14 The Australian Customs and Border Protection also collaborates with the other departments such as the Australian Federal Police and the Australian Crime Commission in order to combat organized crime. For instance the police recently made an arrest in Melbourne of three men in a joint investigation that involved the manufacturing, trafficking and importing of illegal narcotics into Australia. The operation was successful due to the information provided by the Australian Customs and Border Protection Services to the New South Wales Police (NSWP).15 AUSTRAC The AUSTRAC was initiated in 1992 December. Initially the agency was referred to as the Cash Transaction Reports Agency however it was later changed to AUSTRAC. The role of the AUSTRAC in combating organized crime is mainly associated to activities that involve money. The agency plays the role of reporting suspicious transactions and giving access to reports of important cash transactions. In addition the agency also reports the movement of money and out of Australia. Horman, (2000, p116) highlights that AUSTRAC is not an investigative body and thus it does not carry out investigations, however it mainly relies the investigative resources that are offered by other agencies. 16 CrimTrac CrimTrac is as an information and data sharing agency that deals with provision of essential information that is needed within the policing environment. The agency was initiated in the year 2000 with the objective of adopting modern information systems into criminal investigation. In order to fight organized crime, CrimeTrac has collaborated with the federal police in providing information such as name search, a suspect’s telephone number, firearm number, history of criminal record and vehicle number.17 Australian Taxation Office The Australian taxation office mainly deals with the collection of revenue. The main function of the Australian taxation office is the management of taxes in all areas of the Australian economy. In order to fight organized crime, the Australian Taxation Office works collaboratively with the Australian Crime Commission and the Federal police by giving information such as tax evasion which may be linked to organized criminal activities. The agency also works together with Centrelink in order to reduce fraud incidences. 18 The Australian Taxation Office also formulated a strong working relationship and information sharing with other law enforcement agencies in a project known as Wickenby. The basic aim of the project has been to create a joint taskforce that can assist in the investigation of revenue related frauds.19 Varying Australian State Police services Every Australian state has got its own state police. The basic role of the various state police is to undertake law enforcement in the various Australian states. In order to fight organized crime police in various states of Australian have worked collaboratively through information sharing and also undertaking joint investigations on organized criminal groups. For instance Bossi, (2012) reveal that New South Wales Police and the Victorian Police, have recently worked together in a joint operation that busting a heroine syndicate that was composed of about 100 people linked to organized criminal activities.20 Department of Immigration and Citizenship The Department of migration is charged with various duties that involve border control ,multicultural affairs, immigration arrangements, ethnic affairs and citizenship. In order to combat organized crime the department of immigration has been very significant. This is basically due to the fact that many organized criminal activities are usually linked to immigrants who come into the country The Department of Immigration and Citizenship has therefore worked collaboratively with other agencies such as the federal police, the Australian crime commission and the state police through proving vital information concerning suspicious people coming in and out of the country.21 Part 2 In evaluating the view point of whether the various law enforcement agencies in Australia should consider the adoption of alternative practices in order to effectively target organized crime, a variety of arguments can be raised. According to the National Organized Crime Response Plan Overview (2010, p6) Australian law enforcement agencies do not need to adoption alternative measures in combating organized crime. Nonetheless it proposes that the law enforcement agencies should just develop a national response to organized crime. According to National Organized Crime Response Plan Overview, partnership and collaboration have continued to be the core approach adopted by Australian agencies in order to deal with organized crime. However there is need for Australian law enforcement agencies to adopt a more nationalistic response to organized crime. This implies that all agencies fighting organized criminal activities should agree to adopt a wide range of measures.22 The National Organized Crime Response Plan Overview (2010, p10) proposes that all agencies should adapt an effective inter- agency, national and international collaboration. In the adoption of the strategy, all agencies should maintain a robust inter- agency collaboration, national and international partnership in order to effectively tackle organized crime. The strategy involves adapting measures such as every agency should enhance information sharing and collaboration when undertaking investigations. Also every agency should also increase its international cooperation through emerging and existing networks. 23 The Australian Crime Commission crime (2011) propagates the need for the adoption of alternative strategies which can work towards combating organized criminal activities. Apart from the use of collaboration which has been adopted by many law enforcement agencies in Australia, the ACC proposes the use of alternative strategies such as the use of specialized law enforcement strategies. According to the ACC (2011) organized crime has the ability to adopt and also to resist the efforts that are put by law enforcement agencies. In most cases law enforcement agencies have used special tools of fighting organized crime such as covert intelligence, coercive powers, surveillance and a wide range of other investigative and analytical techniques in order to combat organized crime. 24 However the ACC (2011) holds the view that the use of these types of special tools may only remain predominantly reactive and effective in matters that affect single jurisdictions and regions. As a result in order for law enforcement agencies to be more proactive, there is need to develop specialized law enforcement approaches in order to combat organized crime. The specialized law enforcement approaches firstly involve understanding the extent and the nature of organized crime, the characteristics of the networks and the people involved. The response must involve ongoing cooperation between commonwealth law enforcement agencies and state agencies. The next step is to link all agencies to a single international body that can act as a link for countries in dealing with organized crime such as the international Liaison officer Networks.25 Tusikov, (2011, p104) argues that law enforcement agencies in Australia should consider adapting alternative practices in order to combat organized crime. According to Tusikov, (2011, p104) some of the interventions adapted by law enforcement agencies against organized crime unintentionally lead to violence instead of resolving the challenge of organized crime. This is because the strategies adopted by law enforcement may sometimes exclude the damage that may arise due to the intervention. For instance research indicates that law enforcement interventions that are used to fight against illegal drug markets have sometimes resulted to unintentional rise in violence. Tusikov, (2011, p104) therefore proposes that an alternative measure of combating organized crime should be adopted. The alternative method should be based on evaluating the relationship between the measures used to fight organized crime and the harms in which the measures may cause. This therefore leads to the development of a harms assessment approach when fighting organized crime. The harms method or analysis involves putting into consideration the possible harms that the interventions of organized crime may bring about26. Von, Lampe (p107) highlights that after making an analysis of the harms caused by the measures used by law enforcement agencies when combating organized crime, the agencies can sit down and effectively and critically evaluate its practices. Consequently the law enforcement agencies will be able to halt or revive the counter measures they use to fight organized crime, in order to ensure that no harm is caused to the society. 27 It can also be argued that law enforcement agencies need to consider alternative practices to effectively target organized crime. This is due to the fact that it is evident that organized criminal activities are actually rampant in the contemporary society. For instance according to reports by the Australian Crime Commission (2011) Australia is a strategic organized criminal activity region where a wide range of organized criminal activities have been taking place at a rapidly growing rate. This basically implies that the strategies or approaches that have been adopted by law enforcement agencies are not sufficient enough in dealing with organized criminal activities. Consequently there is need to device alternative strategies that can effectively deal with the dilemma. 28 Part 3 How the practices of Australian law enforcement agencies need to change and adapt in line with the changing nature of organized crime groups and their practices In order to adapt to the changing nature of organized crime, the Australian law enforcement agencies have to change in a variety of ways. One of the ways is by changing the manner in which the community is involved in the fight against organized crime. Levi and Maguire (2004) highlights that traditional approaches used by law enforcement agencies have frequently neglected the aspect of the community in the fight against organized crime. Nevertheless, it is vital to integrate the community level in the fight organized crime. This is because organized criminal groups have transformed their activities in a manner in which they are usually part of the community; in addition identifying them within the community requires significant support from the community. For instance the Australian law enforcement agencies can adopt the various strategies adopted by Canadian agencies such as persuading the members of the community to take part in the community interventions to prevent organized crime. The Canadian agencies educate and persuade the members of the public to use the free- anonymous tip off lines where they can give the police information concerning organized criminal activities such as drug trafficking, contraband smuggling and fraud.29 Levi and Maguire (2004,p413) reveal that although the Australia law enforcement agencies have adapted the community response approach such as the Chinese Crime Hotlines in 1999 and many other hotline services in the recent years. Nevertheless, there little evidence or data that has been collected from these services. What is evident is that Australian law enforcement agencies should be more proactive in involving the community in the fight against organized crime. 30 The ACC (2011) proposes that there is need for law enforcement agencies, to understand the nature of changes that are taking place both nationally and internationally in organized criminal activities. According to the ACC (2011) great changes have occurred in the economic, political and social dynamics of organized crime. In addition globalization and advancements in technology continue to create opportunities for organized criminal groups to advance their objectives. This explains the basic reason as to why the ACC undertook a new strategy of monitoring a variety of markets in order to determine the extent and the nature of involvement of organized crime. Consequently all law enforcement agencies should endeavor to critically understand the current nature of organized crime before designing the strategic approach to use in dealing with organized crime.31 The nature of organized crime has been transformed in sense that organized criminal groups operate in line with legitimate business. This has therefore results to a scenario whereby organized criminal activities such a money laundering and tax evasion are much easier to undertake. In order to effectively deal with organized crime essentially those that involve cash, agencies such as the AUSTRAC should use the regulatory powers accorded to them in order to disrupt criminal businesses. An agency like AUSTRAC should not only focus on the role of reporting suspicious transactions and giving access to reports of important cash transactions. But rather as propagated by Levi and Maguire (2004, p415), it is vital for such a law enforcement agency to utilize the legislative powers accorded to make it difficult for organized criminal groups to establish themselves in a certain regions, sphere of activities or premises. For instance the AUSTRAC can go to court get a civil injunction to take over the control and management of organizations that extorting money from people or those involved in money laundering activities. 32 It can also be stated that the practices of Australian law enforcement agencies need to change and adapt a more technologically oriented approach in dealing with organized criminal groups. What is evident is that technological changes have greatly transformed the manner in which organized criminal groups carry out their operations. Australian Crime Commission (2011) highlights that the advancements in technology have enabled organized criminal groups to penetrate a wide range of industries and technologies. For instance through the use of technology, the organized criminal groups have been able to get involved in money laundering activities the cyberspace. In addition technology has also enhanced quick collaboration between organized criminal groups in various regions of the country and also the world. Technology has also improved the operations of organized criminal groups from just simple operations to more sophisticated and advanced operations. For instance organized criminal groups can now invest in research, undertake logistic planning and undertake risk analysis in various potential business environments. The changes in the operations of organized criminal groups that are brought about by technology therefore make it difficult for law enforcement to combat organized crime. It is therefor essential for law enforcement agencies to adopt a more technologically oriented approach in order to counter organized crime. Although countering technology based crime has been a key priority for the Australian Law enforcement agencies, there is need to device additional response and mechanisms that can fight technologically oriented criminal activities both locally and internationally. 33 Part 4 If organized crime has NOT evolved beyond ethnic and cultural loyalties, are current Australian law enforcement practices effective in targeting ethnic organized crime groups or do the practices of various agencies need to change to better target such groups In a scenario whereby organized crime has not evolved beyond ethnic and cultural loyalties, in one way it can be argued that the current Australian law enforcement practices are effective in targeting ethnic organized crime groups. This is because the fundamental objectives of the approaches adopted by the law enforcement agencies entail two basic elements which include reduction and prevention of organized crime and the reduction of the development and growth of organized criminal groups of all kind (Levi, p398). With the application of these two objectives what is evident is that the law enforcement practices are bound to be effective in dealing with organized criminal groups, whether they have evolved beyond ethnic and cultural loyalties or whether they have not yet evolved. 34 The current Australian law enforcement practices can be described as effective in targeting ethnic organized criminal groups essentially those that have roots from oversee nations or other countries in the world. This is because many of the law enforcement agencies for instance the federal police and also the ACC have adopted the use of international cooperation and collaboration in order to fight organized criminal activities. These approaches can be effective in fighting culturally and ethnically organized criminal groups, a case in point is the Italian organized criminal group the Ndrangheta which is dominant in Italy and also in Australia. When the criminal activities of these ethic based organized criminal groups are fought at an international level, the possibility of ending the operations of such criminal activities is high. For instance Picarelli, (2011, p4) reveals that on 13 July 2010, the Italian police undertook a nationwide sweep of the Ndrangheta, which is one of the most dominant and powerful ethnic criminal group in Italy. The police spent two years of surveillance of the group by evaluating both their operation in Italy and also in other countries. The Italian police were able to make 305 arrests and also seized $75 million illegal assets both in Italy and other countries Australia being included. Due to the adoption of approaches such as international coordination in fighting organized crime, it is possible for the Australian law enforcement agencies to combat organized criminal groups with ethnic backgrounds such as the Ndrangheta from Italy. This is because effective coordination between law enforcement agencies from both countries can be effective in seizing their operations.35 The use of the intelligence approach by law enforcement agencies in Australia can be described as an effective strategy that can assist countering the operations of organized criminal groups. As a highlighted earlier, the use of intelligence sharing involves the adoption of innovative approaches of gathering evidence concerning the activities of criminal groups. The use of such an approach has facilitated the uncovering of criminal activities of ethnic oriented organized criminal groups. For intelligence it is through the use of intelligence that the federal police have been able to arrest various members of Bandidos crime group which recruits its members on ethnic grounds. The police were able to gather evidence through intelligence identification the member of the criminal groups through gathering data concerning the ethnic orientation of the members of the group. The use of intelligence by the federal police has also played a significant role in the identification of organized criminal groups that are ethnically oriented. 36 The approach of increased cooperation among law enforcement agencies; is also an effective strategy in targeting ethnic organized crime groups. This is because when the various agencies work together with the common objective combating organized criminal groups with ethnic and cultural loyalties, the end result is that the stated objective can effectively be attained. For instance findings by the Australian crime commission have been very useful to the police. This is because the findings were able to identify ethnic oriented criminal groups and the types of criminal activities that they are mostly involved in. For instance information provided by the ACC reveled that West African criminal groups that exit in Australia have developed an increased presence in dealing with organized criminal activities such as the trafficking of heroine, both in Australia and globally. In addition this group has also established a primary transit for heroine in countries such as India, Pakistan and other countries in South –eastern Asia. Ethnic groups from South Eastern Asia, Cambodia and China also have a strong standing in trafficking heroine. ACC also reveals that organized criminal groups of Romanian ethnic background have a long standing in activities of money laundering and drugs (ACC, p44). This sort of information can be deemed as useful to the federal police agency in the arresting and prosecution of organized criminal groups. 37 On the other hand, it can be argued that if organized crime has not evolved beyond ethnic and cultural loyalties, the Australian law enforcement practices may not be effective in targeting ethnic organized criminal groups. As a result the practices of various agencies need to change to better target such ethnic organized crime groups. This is because organized criminal groups that have ethnic links are usually very well coordinated and organized. In addition, they usually have strong links and ties which make it difficult for law enforcement agencies to capture a member the members of the group. For instance, the Bandidos  one of the ethnic oriented organized criminal groups has a very organized structure with about nineteen chapters within Australia and about 400 strongly dedicated members. Based on this fact, what is evident is that in order for law enforcement agencies to be effective in dealing with ethnic oriented organized criminal groups, there is need to agencies to device or adapt other measures that are more ethnic inclined. 38 Conclusion The discussion above has presented various significant roles played by the Australian law enforcement agencies in combating organized crime. Some of the significant agencies discussed by the paper include; The Australian Federal Police, Australian Crime Commission, Australian Customs and Border Protection Service, AUSTRAC, CrimTrac, Australian Taxation Office, Varying Australian State Police services and Department of Immigration and Citizenship. The findings of the discussion highlight that these law enforcement agencies have adopted various approaches in order to combat organized crime. One of the most common approaches adopted by almost all the agencies is that of collaboration. The paper also highlights that some of the approaches adopted by these agencies are effective essentially in the wake of the changing nature of organized crime. However the paper also recommends that law enforcement agencies should also adopt alternative strategies which can deal with the changes in organized crime and also ethnically based organized criminal groups. In conclusion these paper does acknowledge the fact that law enforcement agencies are in deed working hard to alleviate organized crime. References Australian Crime Commission. (2011). Australian Crime Commission Profile. Australian Crime Commission. (2011). The response to Organized Crime in Australia. Crime profiles series. Australian Customs and Border Protection Service. (2012). Australian Taxation Office. (2012). Australian Taxation Office Website Australian Crime Commission Act, 2002 (Cth) s 22; Crimes Act 1914 (Cth) . Bossi, D.(2012). Bust heroin syndicate serviced 100 in Sydney and Victoria: police. 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