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Chapter II
The threat to the United States from international crime continues to grow
as criminals exploit the globalization of trade and finance and rapid changes
in technology. These developments have helped create new mechanisms for trafficking
contraband, conducting illicit trade, laundering money, and engaging in large-scale
economic crimes. They have also opened the door to new criminal opportunities.
While organized crime groups have greatly benefited from these developments,
the pace of globalization and technological advancements also have inadvertently
resulted in some legitimate businesses becoming engaged in economic criminal
activity.
The President's International Crime Control Strategy states that international
crime threatens vital US interests in three broad, interrelated categories:
- Threats to Americans and their communities, which affect the lives,
livelihood, and social welfare of US citizens living in the United States
and abroad.
- Threats to American businesses and financial institutions, which
affect US trade, the competitiveness of US products, and the US interest in
a stable worldwide financial system.
- Threats to global security and stability, which affect the broader
US national security interest in promoting regional peace and democratic and
free market systems, particularly in regions where outlaw regimes aspire to
develop weapons of mass destruction or where US forces may be deployed.
This chapter addresses the major international crimes identified as a threat
to US interests in the International Crime Control Strategy, including their
impact and costs to American citizens, businesses, or national security interests.
This survey does not address them in any priority order indicating severity
of threat to US interests.
- International terrorism and drug trafficking most directly threaten American
lives and property. These international crimes are addressed in greater detail
in the State Department's annual Patterns of Global Terrorism and International
Narcotics Control Strategy Reports and the administration's annual National
Drug Control Strategy.
- Illegal immigration, worldwide trafficking of women and children, and environmental
crimes may pose direct threats to safety, health, stability, values, and other
interests of American communities--as well as to the entire world community
of which the United States is a leading member.
- The illicit transfer or trafficking of products across international borders--including
the violation of US or international sanctions, illicit transfer and smuggling
of materials for weapons of mass destruction, arms trafficking, and trafficking
in diamonds and other precious gems--undermines US national security objectives
of isolating pariah regimes and promoting regional stability.
- Economic trade crimes such as piracy, the smuggling of contraband, the violation
of intellectual property rights (IPR) through product piracy and counterfeiting,
industrial theft and economic espionage, and foreign corrupt business practices
rob US companies of substantial commercial revenues and affect their competitiveness
in world markets.
- Financial crimes such as counterfeiting US currency and other monetary instruments,
sophisticated fraud schemes directed at both individuals and businesses, high-tech
computer crimes targeting businesses and financial institutions, and money
laundering cause significant financial losses to American citizens and companies
at home and overseas and contribute to instability in the international financial
system.
Many international terrorist groups continue to see US interests as prime
targets. Terrorists continue to demonstrate their operational ability to strike
at a broad array of targets using both crude and sophisticated methods. The
1993 World Trade Center bombing in New York City; the 1995 and 1996 bombings
in Saudi Arabia; the 1997 massacre of Western tourists in Luxor, Egypt; the
1998 bombings of US Embassies in Kenya and Tanzania; and the October 2000 suicide
attack on the USS Cole in Yemen highlight the international terrorist threat
posed to American lives and property, at home and abroad.
- In 1999, there were 169 terrorist attacks against US targets worldwide,
a 52 percent increase from 1998, when there were 111 anti-US terrorist attacks--
including the bombing of US Embassies in Nairobi, Kenya, and Dar es Salaam,
Tanzania.
Graphic
Anti-US Terrorist Incidents 1990-2000
The terrorist threat to US citizens and national security interests comes
principally from organized groups with political, ethnic, or religious agendas
in their countries, state sponsors of terrorist organizations, and transnational
groups with broader goals. Traditional, established terrorist organizations--some
backed by state sponsors such as Iran, Iraq, Syria, Libya, Sudan, North Korea,
and Cuba--remain a dangerous threat. Iran, which still considers terrorism a
legitimate foreign policy tool, maintains a terrorist infrastructure and ties
to Islamic extremists and Palestinian groups that give it a worldwide terrorist
capability.
Islamic terrorist groups with vague international agendas have become a growing
threat in recent years. These groups are sometimes loosely organized, draw their
membership from communities in several different countries, and obtain support
from an informal international network of like-minded extremists rather than
from state sponsors of terrorism. Many of these terrorists met while fighting
against the Soviets in Afghanistan or have since received military and explosives
training there.
- The group led by Ramzi Yousef, the convicted mastermind of the World Trade
Center bombing, and the network maintained by Afghanistan-based terrorist
Usama Bin Laden are prime examples of this evolution in the international
terrorist threat.
- Algerian national Ahmed Ressam, who was arrested in Port Angeles, Washington,
attempting to smuggle bombmaking material into the United States from Canada,
was associated with an extremist group based in Algeria that has ties to Bin
Ladin's organization.
Graphic
Total Persons Killed Worldwide in International Terrorist Incidents, 1990-2000
The international political and economic changes that drug-trafficking and
organized crime groups are exploiting to facilitate their activities are enhancing
the ability of terrorist groups to operate worldwide. International terrorist
groups are particularly adept at exploiting the advantages of more open borders
and the globalization of international commerce to move people, money, and material
across national borders. Like drug trafficking and other criminal organizations,
terrorist groups are becoming more sophisticated in the use of computer technology
that enhances their communications and logistic networks.
Although terrorist groups and criminal organizations have similar requirements
for moving people, money, and material across international borders, traditionally
there has been minimal cooperation between them. Terrorist groups maintain their
own clandestine networks and typically control all aspects of their operations
to minimize the risk of exposure. There is the potential, however, for cooperation
between transnational terrorist groups and criminal organizations.
- Some terrorist groups that lack a single state sponsor may use criminal
activities to help finance their operations.
- Some terrorist groups look to organized crime groups to assist them in acquiring
more sophisticated weapons or materials.
The worldwide illicit drug industry is one of the greatest threats to social
stability and welfare in the United States. In addition to the terrible human
cost of addiction and associated health concerns--including HIV and AIDS--endured
by users of illicit narcotics, drug abuse has a significant impact on the social
fabric that affects all Americans. Drug abuse undermines family cohesion and
has a terrible daily and often lifelong effect on the lives of children across
the country.
- Results from the most recent National Household Survey on Drug Abuse indicated
that 14.8 million Americans--about 6.7 percent of the population 12 years
or older--were current users of illicit drugs, having used them within the
previous 30 days.
- In 1999, according to a study sponsored by the Office of National Drug Control
Policy (ONDCP), there were about 3.3 million hard-core users of cocaine and
977,000 hard-core heroin users in the United States.
- ONDCP estimates there were 52,600 drug-related deaths in 1995, including
14,200 who died directly from drug consumption. This was the only year for
which this estimate, derived from a methodology that incorporates deaths from
other drug-related causes, was made.
- Medical examiners from 42 metropolitan areas in the United States reported
more than 10,000 direct drug abuse deaths in 1998, the latest year for which
figures are available, according to a survey conducted by the Drug Abuse Warning
Network.
- Drug-related causes accounted for about 33 percent of new AIDS cases for
men and 42 percent of new AIDS cases for women in the United States in 1998,
according to data from the Centers of Disease Control and Prevention.
The economic costs of drug abuse to US citizens and society are substantial.
These include significant personal spending of disposable income on illegal
drugs; costs associated with medical care and drug rehabilitation programs for
drug abusers; lost productivity in the workplace; and spending required by federal,
state, and local law enforcement agencies and judicial and penal systems to
deal with drug-related crimes.
- In 1999, Americans spent $63 billion on illegal drugs, according to a study
sponsored by ONDCP.
- The estimated total costs of drug abuse in the United States--including
health care and lost productivity--were $110 billion in 1995, the latest year
for which data are available, according to the US National Institute for Drug
Abuse (NIDA). Nearly $12 billion of that was for health-care costs and medical
consequences.
- US Department of Labor studies have shown that drug users are less dependable
than other workers; they are twice as likely as nonusers to take unexcused
absences from work, are nearly twice as likely to switch jobs, and are more
than three times as likely to be terminated.
- More than 8.3 million Americans in the work force age 18 and older used
illicit drugs in 1998, according to the National Household Survey on Drug
Abuse; 6.4 percent of full-time workers and 7.4 percent of part-time workers
reported current illicit use in the survey.
- Drug use is estimated to cost $77 billion a year in decreased productivity
and lost earnings in the United States, according to a 1998 report by NIDA.
Drug abuse also leads to antisocial behavior and promotes disrespect for laws
and institutions. The drug trade brings with it high levels of street crime
and violence by addicts needing to pay for drugs and by drug groups fighting
for turf. There is a strong correlation between drug abuse and crime.
- More than two-thirds of the adult males arrested for crimes tested positive
for at least one drug in 1998, according to the Arrestee Drug Abuse Monitoring
Program sponsored by the National Institute of Justice.
- In 1995, the latest year for which data are available, almost 225,000 people
were incarcerated in state prisons and nearly 52,000 in federal prisons for
drug offenses. About 60 percent of the federal prison population was incarcerated
for drug-related crimes.
Graphic
Estimated US Hard-Core User Population for Heroin and Cocaine, 1988-98
Graphic
US Customs Seizures of MDMA (Ecstasy), 1997-2000
Illicit Drug Production
The most dangerous drugs of abuse in the United States--cocaine, heroin, MDMA
(also known as ecstasy), and much of the methamphetamine--are smuggled into
the country by international criminal organizations from source countries in
Latin America, Asia, and--for MDMA--Europe. Cocaine consumption in the
United States, the world's most important and largest market, has declined somewhat
since its peak in the late 1980s, but has remained relatively stable for most
of the last decade. Cocaine is produced in the South American Andean countries
of Colombia, Peru, and Bolivia; Colombia is the source of an estimated 90 percent
of the cocaine supply in the US market.
- In 1999, the United States seized some 73 metric tons of cocaine at its
borders, according to the US Customs Service.
Fueled by high-purity, low-cost heroin introduced into the US market by Southeast
Asian and Colombian traffickers, heroin use in the United States increased
significantly in the early-to-mid 1990s and has leveled off in recent years.
The purity of heroin currently available in the United States is higher than
ever. Southwest Asia's "Golden Crescent" (Afghanistan and Pakistan)
and Southeast Asia's "Golden Triangle" (Burma, Laos, and Thailand)
are the world's major sources of heroin for the international market, but Colombia
is the largest source of supply for the US heroin market and Mexico the second
largest. Colombia and Mexico account for about 75 percent of the US heroin market,
with heroin from Southeast Asia making up most of the remainder.
- About 875 kilograms of heroin were seized at US ports-of-entry in 1999,
according to US Customs Service data.
The use of synthetic drugs in the United States, many of which come from abroad,
has become a more significant problem over the last decade. Beginning in the
1990s, there has been a dramatic surge in the worldwide production and consumption
of synthetic drugs--particularly amphetamine-type stimulants, including methamphetamine
and ecstasy.
- The majority of methamphetamine available in the US market is produced by
Mexican traffickers operating in the United States or in Mexico; the US Drug
Enforcement Administration (DEA) estimates that Mexican trafficking groups
control 70 to 90 percent of the US methamphetamine supply. There has been
a significant increase in methamphetamine production in Southeast Asia in
recent years. Although little has found its way to the US market from Southeast
Asia, increasing quantities of "Thai Tabs" have been seized in the
western United States.
- Most of the ecstasy in the US market is produced in the Netherlands. Amsterdam,
Brussels, Frankfurt, and Paris are major European hubs for transshipping ecstasy
to foreign markets, including the United States. US law enforcement reporting
indicates that the Dominican Republic, Suriname, and Curacao are used as transshipment
points for US-bound ecstasy from Europe and that Mexican and South American
traffickers are becoming involved in the ecstasy trade. In FY 1999, according
to the US Customs Service, 3.5 million ecstasy tablets were seized being smuggled
into the United States--a sevenfold increase over the 400,000 tablets seized
in 1997. For FY 2000, more than 9.3 million tablets were seized.
Marijuana remains the most widely used and readily available illicit
drug in the United States. It is the gateway drug for nearly all users of more
dangerous illicit drugs. While most of the marijuana consumed in the United
States is from domestic sources, including both outdoor and indoor cannabis
cultivation in every state, a significant share of the US market is met by marijuana
grown in Mexico, with lesser amounts coming from Jamaica, Colombia, and Canada.
Very little of the cannabis grown in other major producers--including Morocco,
Lebanon, Afghanistan, Thailand, and Cambodia--comes to the United States.
- In 1999, some 536 metric tons of marijuana were seized entering the United
States, most of which came from Mexico.
Drug-Trafficking Networks
International drug-trafficking organizations have extensive networks of suppliers
and front companies and businesses to facilitate narcotics smuggling and laundering
of illicit proceeds. Colombian and Mexican trafficking organizations dominate
the drug trade in the Western Hemisphere. Colombia supplies most of the cocaine
and contributes the largest share of heroin to the US market, and Mexico is
the major avenue for cocaine trafficking into the United States as well as a
major supplier of heroin, marijuana, and methamphetamine. In the Asian source
regions, heroin production is dominated by large trafficking organizations,
but the trafficking networks smuggling heroin from Asia are more diffuse. Asian
heroin shipments typically change hands among criminal organizations as the
drug is smuggled to markets in the United States and elsewhere.
The evolution of the international drug trade in the last decade has included
greater involvement by a growing number of players and more worldwide trafficking
of synthetic drugs. Criminal organizations whose principal activities focus
more on traditional contraband smuggling, racketeering enterprises, and fraud
schemes have become increasingly involved in international drug trafficking.
Although they generally are not narcotics producers themselves, many organized
crime groups--including those from Russia, China, Italy, and Albania--have cultivated
and expanded ties to drug-trafficking organizations to obtain cocaine, heroin,
and synthetic drugs for their own distribution markets and trafficking networks.
Traffickers from many countries increasingly are eschewing traditional preferences
for criminal partnerships with single ethnic groups and collaborating in the
purchase, transportation, and distribution of illegal drugs. Nontraditional
trafficking groups--including rebel armies and extremist organizations--have
also turned to the drug trade as a means of raising revenue.
Taking advantage of more open borders and modern telecommunications technology,
international drug-trafficking organizations are sophisticated and flexible
in their operations. They adapt quickly to law enforcement pressures by finding
new methods for smuggling drugs, new transshipment routes, and new mechanisms
to launder money. In many of the major cocaine- and heroin-producing and transit
countries, drug traffickers have acquired significant power and wealth through
the use of violence, intimidation, and payoffs of corrupt officials. They are
ruthless in protecting their operations, threatening and sometimes resorting
to violence against US law enforcement officers and Americans working and living
in drug-producing and transit countries.
Global Implications
The consequences of drug abuse and trafficking are also a major challenge to
countries worldwide, and they have become serious enough in recent years to
affect regional stability. Countries that today are major narcotics producing
or transit areas have significant drug addiction problems that grew with their
involvement in the drug trade. In some countries, large segments of the population
are stricken by AIDS, undermining economic growth and future prospects. The
social, economic, and political stresses these problems cause are felt across
national borders, contributing to regional economic problems and political tensions.
Alien smuggling groups traffic in "human cargo," criminally orchestrating
the movement of undocumented or fraudulently documented foreign nationals to
the United States and other prosperous countries in often cramped, unhealthy,
and dangerous conditions. Countries under economic or demographic stress-- particularly
China, India, and Pakistan in Asia, and Mexico, Caribbean island nations, and
Central American states in the Western Hemisphere--are the major sources of
illegal migrants seeking new homes and livelihoods in the United States and
Canada. While most illegal migrants come for economic reasons, some are criminals
and associates of extremist groups. Once in their destination country, illegal
immigrants disappear into ethnic communities to find work and avoid the authorities.
The US Immigration and Naturalization Service (INS) estimated in 1996 that
there were about 5 million undocumented aliens illegally in the United States,
representing about 2 percent of the total US population. More than half of the
illegal immigrants in the United States--some 2.7 million--are Mexican nationals;
another 700,000 came from Central America. Most illegal aliens entered the United
States without passing through immigration controls. The remainder--about 40
percent--overstayed their visas. Nearly 80 percent of foreign nationals illegally
living or working in the United States are concentrated in five states: California,
Texas, New York, Florida, and Illinois. Forty percent live in California alone.
- The US Government estimates that 500,000 illegal migrants are brought into
the United States annually by organized alien smuggling networks; another
estimated half-million enter without the assistance of alien smugglers. Most
illegal migrants enter the United States overland from Mexico or Canada.
- According to US Government estimates, some 500,000 to 600,000 illegal migrants
who entered the United States in 1999 were Mexican nationals, and another
225,000 were Central American nationals.
- Chinese smugglers, known as snakeheads, often move aliens into the United
States by maritime vessels, including offshore transfers of migrants, but
also transit South and Central America, Mexico, and Canada. The US Government
estimates that 30,000 to 40,000 Chinese were smuggled into the United States
in 1999.
Alien smuggling contributes to the broader problem of increasing numbers of
foreign nationals illegally resident in the United States, as well as in other
relatively prosperous countries, who are straining social and economic resources
and contributing to rising crime and anti-immigrant sentiment. Illegal aliens
undermine wages and working conditions for legal employees, increasing the potential
health and safety risks to the work force. Illegal immigration also increases
the burden and cost of some government social programs.
Map
The Illicit Chinese Migrant Flow to the United States, 2000
Indications of links connecting some alien smuggling to drug trafficking,
terrorist or extremist political organizations, and other organized crime groups
are a major cause for concern. Persistent--but largely unverified--reporting
from a variety of sources suggests that drug shipments are sometimes collocated
with illegal aliens in transit to the United States. Some primarily drug-trafficking
groups are believed to include or work with alien smugglers. Many ethnic-based
criminal organizations--particularly Nigerian, Chinese, and Russian crime groups--employ
illegal aliens smuggled into the country to undertake higher-risk criminal activities.
Terrorists and members of extremist organizations seeking to enter the United
States and wanting to avoid detection at ports-of-entry sometimes use the services
of alien smuggling networks, including document forging services.
- Several of the conspirators in the 1993 World Trade Center bombing entered
the United States with false documents.
Alien smuggling also raises serious human rights concerns. Most illegal migrants
come to the United States willingly in search of a better livelihood and higher
standard of living, and they pay alien smugglers high prices for that opportunity.
However, because they lack legal status and rights, they are often abused en
route and once they reach their destinations. Some illegal migrants die in transit
from cramped, unhealthy, and unsafe conditions or from abusive treatment by
their handlers. Once in the United States, most illegal aliens work in menial
jobs with few benefits, and their status puts them very often at the mercy of
exploitative employers. To pay off large debts to their smugglers, many illegal
immigrants wind up working in unregulated and untaxed industries. Some alien
smuggling evolves into trafficking situations where the illegal migrants are
forced by their smugglers into other crimes or virtual slavery to pay off their
debts. (1)
- To avoid US law enforcement authorities, it is not uncommon for smugglers
to abandon their clients in the desert without food or water, or to toss them
in frigid waters. On Chinese alien smuggling vessels in 1999, a number of
migrants were beaten by smugglers until they lost consciousness, according
to the US Coast Guard. Smugglers also coerced female migrants into sex by
withholding food or otherwise making the journey miserable for noncompliant
females.
In the last two years there have been several major incidents involving would-be
illegal Chinese immigrants found dead inside cargo containers, including three
in Seattle in January 2000 and 58 in Britain in June 2000.
Alien Smuggling Networks
Illegal migration facilitated by organized alien smuggling networks is on the
rise. The easing of national border controls worldwide, growth of commercial
travel options, availability of technology that can be readily adapted to forge
identification and travel documents, and the rising sophistication of global
criminal networks are key factors contributing to this development. The vast
pool of potential migrants seeking economic opportunity in the United States
and other developed countries, diminished opportunities for legal migration
as the world's more prosperous countries seek to reduce immigration, and increased
border enforcement and interdiction of illegal migrants have translated into
substantial profits for alien smuggling groups.
- The UN estimates that migrant smuggling worldwide involves 4 million people
and $7 billion annually, according to a report in December 1997.
Besides being a profitable criminal business, smuggling illegal immigrants
is less risky than trafficking in other illicit contraband, such as drugs. Only
a handful of source and transit countries have enacted criminal statutes against
alien smuggling, and virtually no ethnic group stigmatizes the practice. Most
governments--including those in Central America, a primary conduit for smuggling
illegal migrants into the United States--are lax toward alien smuggling because
they view it largely as a US problem and perceive higher bilateral priorities
with Washington.
Alien smuggling thrives in corrupt environments, and bribery undermines effective
enforcement against illegal border crossings and false documentation where corruption
is less endemic. The ready availability of means to counterfeit and forge travel
documents also minimizes the risks for traffickers in "human cargo."
The networks involved in alien smuggling are highly efficient movers of people
across national frontiers. Unlike other international criminal organizations,
some of which smuggle illegal aliens as an adjunct to other criminal activities,
alien smuggling groups typically are less hierarchical and more characterized
by loose networks of associates to facilitate the movement of illegal migrants
across regions and continents. These networks typically include local agents
who recruit people interested in illegal immigration to the United States and
elsewhere and bring them together for departure; travel processors who arrange
for identification and any necessary travel documents; and international "brokers"
along the way who facilitate intermediate passages and make arrangements for
arrival at final destinations. The widespread dispersion of associates gives
alien smuggling groups the flexibility to quickly and easily shift routes or
call upon different operatives if law enforcement or other conditions disrupt
their operations. The fact that groups of illegal aliens are typically handed
from smuggler to smuggler during portions of their journey makes it difficult
to target and disrupt alien smuggling networks.
Central America has emerged as the primary gateway for US-bound illegal migrants
from all over the world. Scores of loosely linked networks that span the region
and extend into Asia facilitate their movement. These networks include an abundance
of smugglers and escorts, fraudulent document vendors, safehouse keepers, corrupt
airline and bus company employees, and corrupt officials. While illegal migrants
from China and elsewhere outside the Western Hemisphere have handlers for all
stages of their journey through Central America, many Central American migrants
do not enlist the services of a smuggler until they independently reach Mexico.
Many illegal migrants caught in Central America are deported to the country
from which they most recently arrived, which is usually another country in the
region or hemisphere, because they travel without documents indicating their
country of origin. From there, they usually resume traveling northward.
Although many alien smuggling groups are highly specialized, the growing profitability
of this criminal business has increased the involvement of larger polycrime
syndicates. Some groups have engaged in moving both drugs and people, although
not necessarily at the same time.
- The Chinese Fuk Ching Gang, for example, has engaged in large-scale smuggling
of illegal immigrants by sea. This group was reportedly responsible for organizing
the voyage of the Golden Venture, which ran aground off New York City in 1993
with hundreds of illegal Chinese aliens from Fujian Province aboard.
Trafficking in human beings, especially women and children, across international
borders for sexual exploitation and forced labor is an increasing crime problem
as well as a grave violation of human rights. People caught in human trafficking
rings are placed in situations of abuse and exploitation--including enforced
prostitution, sexual slavery, sweatshop labor, domestic servitude or other forms
of coerced labor, service, or subjugation--that subject them to the threat of
violence, rape, battery, and extreme cruelty.
- The US Government estimated in 1997 that 700,000 women and children were
moved across international borders by trafficking rings each year. Some nongovernmental
organizations estimate the number to be significantly higher.
- The worldwide brothel industry earns at least $4 billion from trafficking
victims, according to US Government estimates.
Map
Global Trafficking in Women in Women and Children: Major Source Regions and
Destinations
Some 45,000 to 50,000 women and children were trafficked to the United States,
according to US Government estimates for 1997, about 6 to 7 percent of the worldwide
total. Most are from Southeast Asia and Latin America. There have also been
a few cases where American women have been trafficked abroad. US international
airports in New York, Miami, Chicago, Los Angeles, and San Francisco are major
entry points for traffickers bringing women and children into the United States.
Greater Customs and Immigration scrutiny at these airports have caused the District
of Columbia, Cleveland, Orlando, Atlanta, and Houston to emerge as significant
ports-of-entry for victims of trafficking rings. Like alien smuggling in general,
trafficking in women and children helps build criminal support structures in
the United States.
- Trafficking to the United States violates US criminal, immigration, and
labor laws, as well as the Victims of Trafficking and Violence Protection
Act. Trafficking also usually involves conspiracy and visa, mail, and wire
fraud. The gross, systematic violation of human rights, which often includes
kidnapping, extortion, and enslavement, is also a violation of US laws.
- In 1997, Florida police arrested a brothel operator who smuggled Mexican
women and underage children into the United States and forced them to work
as prostitutes to pay off their $2,000 smuggle fee.
The dramatic rise in cross-border crimes against children is a growing concern.
US law enforcement agencies also report an increase in international sex tourism
in which adults--including US citizens-- travel to foreign countries to have
sex with children.
- Typically, the children--some not yet teenagers-- are victims of trafficking,
having been sold by their families or kidnapped and forced into bondage.
Trafficking Networks
Traffickers of women and children, much like narcotics traffickers, operate
boldly across sovereign borders. They prey on women from countries where economic
and employment prospects are bleak, organized crime is rampant, and females
have a subordinate role in society. Often these women are tricked into leaving
their countries by false promises of a better economic life abroad; traffickers
lure victims with false advertisements and promises of jobs as models, dancers,
waitresses, and maids. Once the women are abroad, traffickers use a variety
of coercive means to sell and enslave them. In other instances, traffickers
buy young girls from their relatives. The UN Commission on Crime Prevention
and Criminal Justice has reported a dramatic increase in the abduction of children
for commercial purposes by organized crime syndicates.
- According to the US Government, an estimated 225,000 women and children
from Southeast Asia were trafficked across international borders in 1997,
accounting for nearly one-third of the worldwide total. Nearly half are younger
than 18, and most--60 percent--are trafficked within the East Asia-Pacific
region, primarily to wealthier markets such as Thailand, Hong Kong, Singapore,
Japan, and Australia. An estimated 30,000 women from Southeast Asia were trafficked
to the US market in 1997, about two-thirds of the total trafficking victims
brought into the United States that year.
- Latin America was the second-largest source region for women and children
trafficked to the United States in 1997. About 10,000 of the total 100,000
women and children caught in Latin American trafficking rings in 1997 were
sent to the United States, according to US Government estimates.
- The former Soviet Union and Eastern Europe is becoming an important center
for trafficking in women and children. The US Government estimates that about
175,000 of the women and children from countries in these regions were caught
in trafficking rings in 1997. Most--an estimated 120,000--were sent to Western
Europe, with Germany, Italy, and the Netherlands the most likely destinations.
About 4,000 women and children from the former Soviet Union and Eastern Europe
were brought to the United States.
- Some 150,000 victims from South Asia were trafficked to buyers elsewhere
in the region, in the Middle East, and in Southeast Asia in 1997.
Traffickers of women and children use a variety of methods to move their victims
across national and international boundaries. They sometimes operate through
nominally reputable employment agencies, travel agencies, entertainment companies,
or marriage agencies. Legitimate travel documents are often obtained and used
to cross international borders, after which the trafficking victims disappear
or overstay their visas. Traffickers, however, also use fraudulent documents
to obtain genuine travel documents or use altered or counterfeit documents to
move the women and children. Victims caught in these trafficking rings are most
often moved out of their home countries and regions by commercial airlines.
Traffickers typically move them in small groups, change flights frequently,
and vary their routes in efforts to avoid being caught.
While small trafficking groups with loosely connected networks and affiliates
dominate the global trade in women and children, the role of large, polycrime
international criminal organizations is becoming an increasing problem. Because
women and children are seen as a reusable commodity, trafficking in human beings
is becoming a major source of income for some organized crime groups. Profits
from this activity are laundered and fed into other illicit activities, including
narcotics and arms trafficking.
Corrupt officials often facilitate trafficking in the source, transit, or
destination countries. Law enforcement officials in the source countries often
ignore the recruitment process, since they believe that in most cases the actual
coercion takes place at the final destination.
- In Bulgaria, four senior officials--including two involved in security or
anticrime forces--were fired in April 1997 because of their links to an organized
crime group involved in procuring women for forced prostitution, according
to Bulgarian press.
- In Thailand, traffickers recruit military and police force members to serve
as escorts for women who are being trafficked to foreign sex markets.
Trafficking in women and children to the United States and abroad is likely
to continue increasing in the years ahead given the large profits, relatively
low risk, and rare convictions for traffickers. Lack of visa and border controls,
as well as almost nonexistent antitrafficking legislation in many source and
transit countries, will only further embolden the traffickers. Economic hardship,
poor employment prospects, and the low status of females in many source countries
will continue to underpin the problem.
- These concerns are leading to increased international countermeasures. In
1998, the G-8 heads of state, for example, used their communique at Birmingham
to call for activities to prevent trafficking, prosecute the criminals, and
protect the victims.
- In 1998, the United States introduced a resolution on trafficking in women
and children that was adopted by the UN Crime Commission. The resulting protocol
on trafficking in persons, cosponsored by the United States and Argentina,
will be attached to the UN Convention Against Transnational Organized Crime.
Environmental crime is one of the most profitable and fastest growing new
areas of international criminal activity. Growing international environmental
concerns have led to the proliferation of multilateral conventions and national
laws and regulations to control pollutants that are health or environmental
hazards, to prevent wanton exploitation of scarce natural resources, and to
protect endangered plant and animal species. Criminal organizations around the
world-- most notably in Italy, Russia, China, and Japan--have taken advantage
of the significantly greater costs for waste disposal, as well as the much-increased
value of rare or precious natural resource commodities that are the subject
of tight trade and sale restrictions, to earn substantial illicit income from
circumventing environmental laws and regulations.
- The US Government estimates that local and international crime syndicates
worldwide earn $22-31 billion annually from hazardous waste dumping, smuggling
proscribed hazardous materials, and exploiting and trafficking protected natural
resources.
Graphic
Selected Criminal Groups' Involvement in Environmental Abuses
The tremendous costs for legally disposing of pollutants and dangerous chemicals
have created new illicit business opportunities for criminal organizations,
who earn $10-12 billion per year for dumping trash and hazardous waste materials.
Organized crime groups are taking increasing advantage of the multibillion-dollar
legal trade in recyclable materials, such as scrap metals, to comingle or illegally
export or dump toxic wastes. Most of these wastes are shipped in "trash-for-cash"
schemes to countries in Eastern and Central Europe, Asia, and Africa where disposal
costs and enforcement of environmental regulations are lower. The lack of specific
legislation governing such crimes in many countries and poor enforcement or
limited legal penalties in many others (often only fines that are insignificant
in comparison to the millions in profits that can be made from this activity)
reduce the risks for international crime groups involved in dumping hazardous
wastes.
While crime groups in Russia, Japan, and elsewhere have increasingly moved
into illegal waste disposal, Italian criminal organizations are the most involved
largely because of their success in infiltrating Italy's industrial waste disposal
sector. They have used their control over waste-disposal businesses, both legitimate
and front companies, to secure contracts in Italy and elsewhere in Europe and
illegally dump wastes to boost profits.
- About half the 80 million metric tons of waste produced annually in Italy
disappears and is presumed to be illegally dumped, according to Italian press
sources. In 1997, Italian law enforcement authorities investigating the role
of Italian organized crime in the illegal export and dumping of hazardous
wastes claimed that criminal groups control most of Italy's waste disposal
contracts.
- Italian authorities claimed in 1997 that 11 million metric tons of toxic
and industrial waste are deposited annually in some 2,000 illegal domestic
dump sites in local waterways or in the Mediterranean.
- In 1997, there were at least 53 Italian crime groups trafficking and disposing
of hazardous waste, which was shipped to dumpsites in Albania, Eastern Europe,
and the African west coast, according to European law enforcement officials
cited in the press.
The lack of inexpensive, adequate, safe disposal options for radioactive
waste is also attracting the increased involvement of organized crime groups
throughout Europe. In many cases, these groups appear to be using illicit networks
already in place for smuggling arms, drugs, and other contraband.
- European authorities are investigating illegal dumping of radioactive wastes
from Austria, France, and Germany--all of which have good, but costly, disposal
options--and Eastern Europe into the Mediterranean and Adriatic Seas by companies
purportedly hired by Italian organized crime groups. In 1998, an 'Ndrangheta
Italian organized crime family was being investigated by Italian authorities
for dumping radioactive waste off Italy's southern coast, according to press
reports.
Criminal groups also smuggle environmentally harmful products, particularly
ozone-depleting chlorofluorocarbons (CFCs) whose legal trade is subject to stringent
international restrictions. The illegal trade of these substances into the United
States and other markets is accomplished through false labeling, counterfeit
paperwork, and bogus export corporations.
- The size of the global black market for ozone-depleting substances is estimated
by the UN to range from 20,000 to 30,000 metric tons annually, with more than
half entering the United States. Illegal imports of these substances are far
cheaper than CFCs that are legally recycled or obtained from limited existing
stocks.
The stealing and illicit trade of natural resources is also a significant
income generator for criminal organizations, earning them $5-8 billion per year.
Well-organized criminal groups in Africa, Eastern Europe, Latin America, China,
and Southeast and Southwest Asia are heavily involved in illegal logging and
trade of forest timber. Illegal logging threatens bio-diversity and has contributed
to the significant decline in forest areas worldwide. Russian and Chinese crime
groups earn substantial income from illegal fishing. Poaching not only depletes
seafood stocks, but also deprives seafood industries of legitimate earnings
and government authorities of import and export revenues.
- Russian crime syndicates are believed to earn as much as $4 billion annually
from the illegal export of some 2 million metric tons of seafood, according
to press reports citing Russian law enforcement estimates. The poaching of
sturgeon from the northern Caspian Sea and the sale of crab and other seafood
to Japan make up much of the trade. Japan, in 1997, imported more than $1
billion worth of fish from Russia--six times the volume that Moscow says it
exported, according to trade data.
The illegal trade in animal parts--in particular elephant, whale, and hawksbill
turtle parts--and endangered animal species has also become a lucrative business,
particularly for Chinese and other Asian criminal groups. The illegal trade
in exotic birds, ivory and rhino horn, reptiles and insects, rare tigers, and
wild game is estimated to earn criminal groups $6-10 billion per year. In April
1999, waiver of the international ban on the African ivory trade to allow shipments
to Japan caused a surge in poaching and smuggling of African and Asian elephant
ivory.
Some states of concern use international criminal networks to help in their
efforts to undermine US and multilateral sanctions aimed at isolating those
states from the global community. Regional and international networks of front
companies, unethical businessmen, and crime groups help these regimes evade
trade, military, and financial sanctions by facilitating clandestine shipments
of embargoed products, including weapons, and executing financial transfers.
- In the 1990s, trade and other sanctions on Serbia and Montenegro in the
former Yugoslavia, Iraq, Libya, and Haiti were imposed by Western countries
or the United Nations. In addition to these sanctions, the United States has
maintained financial sanctions, as well as extensive trade embargoes, on Cuba,
North Korea, Iran, and several other countries.
Iraq, which unlike the other states of concern is currently under comprehensive
trade sanctions, has used traditional means for smuggling contraband to earn
substantial illicit export revenue that Baghdad uses to fund procurement of
embargoed goods. Much of Iraq's smuggling-derived income comes from Baghdad's
illicit exports of gasoil through Iran's territorial waters and across its land
borders. Barges, small tankers, cargo ships, and dhows are used by the Iraqis
for maritime smuggling of gasoil exports.
In most cases, states of concern make use of legitimate and illicit business
infrastructures to circumvent sanctions. Much of this activity takes place in
countries with a high volume of commercial trade, including legal commerce with
the regime, that could mask surreptitious dealings. In some cases, organized
crime groups have played a significant role in attempts to circumvent trade
sanctions. Most notably in the former Yugoslavia, local crime groups have flourished
by stepping in to arrange clandestine shipments of embargoed goods and to provide
covert financing.
Several countries--including Iran, Iraq, Libya, Pakistan, and North Korea--have
relied on networks of independent brokers and front companies to acquire controlled
technology and circumvent US and international efforts to prevent them from
developing weapons of mass destruction. The threat posed by continuing indications
that states of concern and terrorist groups are intent on acquiring nuclear,
chemical, or biological weapons increases the likelihood that international
criminal networks may be used to smuggle the materials needed for their production.
There is no confirmed reporting that organized criminal groups have planned
or attempted to steal nuclear warheads or weapons-usable nuclear material
(uranium with greater than 90-percent uranium-235 concentration and plutonium).
Known thefts of weapons-usable nuclear material have primarily been committed
by opportunists with insider knowledge of the facility storing nuclear material
but without buyers identified prior to the theft.
- To date, there have been a total of 14 confirmed seizures totaling 15.3
kilograms of weapons-usable uranium at various enrichments and 368.8 grams
of plutonium--far less than what is necessary for a nuclear weapon.
Illicit gray- and black-market arms sales became an increasing problem during
the 1990s and pose an array of threats to US national security and foreign policy
interests. The end of the Cold War and the winding down of several regional
conflicts, such as those in Lebanon and Central America, increased the availability
of both newly produced and used weapons. The items typically sold on the illegal
arms market include spare parts for large weapons systems, particularly for
clients under UN embargoes or sanctioned by the original seller; small arms,
including assault rifles, and man-portable antitank and antiaircraft weapons;
and ammunition for both small arms and larger artillery and armor systems. In
some cases, however, larger military systems also are sold.
- The US Government estimates that military equipment worth several hundred
million dollars is sold annually on the illegal arms market to countries under
UN arms embargoes. Insurgents, terrorists, and organized criminal groups acquire
smaller quantities of small arms and other light infantry weapons on the illegal
arms market.
Most illegal arms sales are through the gray arms market, which
has been dominated by individual brokers--and their arms brokering firms--during
the past decade. Gray-market arms transfers exploit legitimate export licensing
processes, usually by using false paperwork to disguise the recipient, the military
nature of the goods involved, or--more rarely--the supplier. Obtaining licenses,
however fraudulent, allows gray-market players to make deals appear legitimate,
helping them to arrange payment and international transportation for transactions
that can be valued at millions of dollars and involve hundreds of tons of weapons.
- In some cases, however, large illegal arms shipments arranged by gray arms
brokers will be smuggled as contraband. Illicit arms sold or transferred to
combatants in Afghanistan and the former republics of Yugoslavia were often
provided by foreign suppliers donating and transporting tens of millions of
dollars worth of weapons disguised as "humanitarian aid."
The end of the Cold War has made the bloated defense industry and large inventory
of weapons in Russia and other former Warsaw Pact countries an easy mark for
gray-market brokers. Since 1992, for example, combatants in civil conflicts
in Afghanistan and the republics of the former Yugoslavia have purchased dozens
of complete helicopters and fighter aircraft from gray arms suppliers. Brokers
also acquire military equipment from US and other Western suppliers.
Black-market arms transfers do not go through an export licensing process.
Rather, smugglers rely exclusively on hiding contraband arms from government
officials. Black-market transfers usually involve smaller quantities of weapons,
often pilfered from military stocks or gunshops. The theft and illegal sales
of weapons and other military stocks has become a significant problem in Russia.
Organized crime groups have become increasingly involved in arms trafficking
since the end of the Cold War, taking advantage of both the availability of
large numbers of infantry weapons from the former Soviet Bloc countries and
regional conflicts.
- In the midst of conflicts in the former Yugoslavia, Italian and Russian
criminal organizations have been buying and selling military-style arms on
the black market, and criminal groups operating in the region are increasingly
well armed.
Threats to US Security Interests
Illicit arms sales help fuel conflicts and undermine US political and military
efforts to promote stability in several regions of the world. The illegal arms
trade has helped arm combatants in the former Yugoslavia and Africa. Countries
under UN or other international arms embargoes in which the United States participates
are major clients in the illicit arms market. Purchases by insurgents and factions
in civil war increase the risk to US military personnel and law enforcement
officers operating in hostile environments overseas.
Insurgents and extremists acquire some small arms and ammunition to augment
their own inventories of weapons. Although terrorist groups frequently try to
obtain weapons on their own, their greatest source of conventional military
weapons continues to be state sponsors like Iran and Libya.
Drug traffickers and organized criminal groups have increasingly turned to
the illicit arms market in the 1990s. In addition to smuggling weapons via
the black market, these organizations have used
gray-market acquisitions of military weapons to strengthen their ability to
defend their operations from government forces and rival organizations.
The lucrative market for diamonds, gold, and other precious gems has attracted
the interest of organized crime groups as well as become the dominant source
of revenue for warlords and insurgent groups in war-torn diamond-rich areas
in Africa. Diamond brokers traditionally have given little scrutiny to the source
of rough diamonds they purchase for the global industry in precious gems and
jewelry. Trafficking in diamonds, gold, and other precious gems has not generally
undercut the profits of legitimate mining industries, but has deprived national
governments of significant export-related revenues.
- Nearly three-quarters of the world's rough diamonds--valued at about $5.2
billion on the open market--are mined in Africa, according to 1998 industry
estimates. Of the total 1998 diamond production in Africa, 13 percent was
mined informally, mostly by insurgent groups.
Russian, Chinese, Italian, and African criminal groups are involved in the
illegal trade of precious minerals and gems. Russian crime groups are believed
to have infiltrated the legitimate diamond and gold industries in Russia to
smuggle precious gems out of the country. They use an array of front companies
to conceal and facilitate smuggling operations. Payoffs to local authorities
allow them to avoid customs duties and other tariffs, increasing their profit
potential when they sell these precious gems at market value to industry brokers.
- Russian crime groups illegally extract and sell 300 metric tons of amber
worth an estimated $1 billion each year, according to 1998 press reports.
- Criminal syndicates operating in South Africa stole 20 metric tons of gold
and diamonds valued at $350 million in 1996, according to press reports citing
South African police.
- In Southeast Asia, smuggling of precious gems was a major source of revenue
for the Khmer Rouge insurgency in Cambodia and remains a secondary source
of income for drug-trafficking insurgent armies based in Burma.
Map
Diamond Mining in African Conflict Areas
In recent years, trafficking in diamonds by insurgent groups in Africa to
finance their wars in the face of regional and international efforts and embargoes
to end the fighting has become a significant problem. The UNITA insurgent group
in Angola, rebel militias in the Democratic Republic of the Congo (DROC), and
the Revolutionary United Front (RUF) in Sierra Leone exploit the lucrative diamond
mines located in areas they control to raise revenue for arms purchases and
other operational expenses. The RUF's principal supporter--neighboring Liberia--also
profits from the illicit diamond trade in Sierra Leone.
The sale of diamonds for arms and other supplies by insurgent groups in Africa
has stymied regional and international peace efforts and kept the fighting at
high levels, resulting in significant casualties and displacement of civilian
populations. Insurgents' control of most of their countries' diamond mines has
also deprived the governments of substantial revenues.
- According to an industry estimate, the value of rough-cut diamonds trafficked
by UNITA rebels in 1998 was about $300 million, as compared to earnings of
about $230 million for producing mines in areas controlled by the Angolan
Government. Since the government offensive in late 1999, however, the loss
of diamond mines and international sanctions have curtailed UNITA's diamond
production in 1999-2000 to about $100 million.
- The same industry source indicates that rough-cut diamonds from source-areas
partly controlled by insurgent groups in DROC were valued at about $338 million
in 1998.
- Most of the diamond trade in Sierra Leone, earning about $45 million annually,
is controlled by the RUF insurgents.
Growing international concern about the ability of African insurgent groups
noted for their atrocities against civilians to finance their operations through
the trafficking in rough-cut diamonds has led to movements for international
certification regimes, although much work remains to be done.
Maritime piracy, which is particularly prevalent off the coasts of Southeast
Asia and Africa, threatens the security of some of the world's most important
sea lanes as well as the safe and orderly flow of international maritime commerce.
Piracy raises insurance rates, restricts free trade, increases tensions between
the affected littoral states, their neighbors, and the countries whose flagged
ships are attacked or hijacked. This criminal activity also has the potential
to cause enormous damage to the sea and shorelines when ships carrying environmentally
hazardous cargoes are targeted. Pirates endanger navigation by leaving vessels,
including fully laden tankers, under way and not in command, increasing the
risk of collision or grounding.
- According to data made available by the US Coast Guard, direct financial
losses incurred as a result of high-seas piracy are estimated at about $450
million per year.
Reported incidents of maritime piracy have more than doubled since 1994, according
to data from the International Maritime Bureau (IMB) Piracy Reporting Center
based in Malaysia, averaging between 200 and 300 per year over the last five
years as compared to an average of less than 100 piracy incidents between 1990
and 1994. These figures, however, understate the extent of the problem because
most piracy attacks go unreported. In particular, incidents involving coastal
fishermen and recreational boaters are heavily under-reported.
- In 1999, there were 285 attacks on ships at sea, at anchor, or in port,
according to the International Maritime Bureau's Piracy Reporting Center.
Piracy attacks increased by 25 percent from 1998 to 1999, with 408 crewmembers
taken hostage in ship boardings.
Most acts of maritime piracy take place in poorly patrolled straits and coastal
waterways, where pirates are able to strike quickly with little warning. Piracy
is a significant problem (as it has been for centuries) along the coasts of
Indonesia, Malaysia, Thailand, and the Philippines, where numerous maritime
chokepoints channel large numbers of merchant ships into coastal waters where
they are most vulnerable to attack. The west coast of Africa, off Nigeria and
Senegal, and Somalia's east coast are the most piracy-prone areas in Africa.
In East Africa, the ports of Mombasa, Kenya, and Dar es Salaam, Tanzania, are
plagued by pirate attacks against berthed or anchored ships. While a large number
of piracy attacks are targets of opportunity, local press reporting indicates
that in some cases ships are specifically targeted for their cargo and the sale
of their goods is prearranged on the black market.
- Of the total piracy incidents reported for 1999, eight ships were hijacked,
mostly in the waters off Southeast Asia and Somalia.
- Pirate groups generally appear to operate independently, but some may be
linked to more traditional organized crime groups.
The growing sophistication and increasing violence of piracy is a major concern
to the maritime industry and to governments, particularly in Asia where piracy
is having greater impact on maritime commerce. There are increasing incidents
of maritime pirates coordinating multiship attacks and attempting to disguise
their vessels. They often appear to be familiar with shipping schedules, plotting
their attacks and hijackings of cargo accordingly. In some cases, pirates target
only local shipping lines, which may own only one or two vessels, rather than
ships from larger shipping companies. In addition, many of the pirate ships
are increasingly well-armed and inclined to use force when seizing targeted
vessels. From 1995 to 1998, the number of crewmembers assaulted, injured, or
killed increased each year, according to data from the International Maritime
Bureau in Malaysia.
Nondrug contraband smuggling across international borders--including illegal
import and export of legitimate goods such as alcohol, cigarettes, textiles,
and manufactured products--is a highly profitable criminal activity that typically
carries lighter criminal penalties than narcotics trafficking. The evasion of
tariffs and taxes on commodities can reap sizable illicit profits for criminal
organizations or companies engaged in illegal trade--often at the expense of
US companies-- both by saving tax payments and by undercutting the market price
of legitimate sales. The trafficking of contraband across international borders
is prevalent in countries with large volumes of commercial trade, which helps
minimize the risk of law enforcement detection and high import duties.
- High profits and lighter penalties in contraband smuggling have attracted
criminal organizations from Asia, the former Soviet Union, the Middle East,
and Central and South America.
Consumer demand for contraband--particularly tobacco and alcohol products
and expensive items such as luxury automobiles--is especially high in countries
where high-import tariffs and excise taxes add significantly to the price of
legitimate sales. International contraband smuggling rings cater to consumers
seeking to acquire luxury items cheaply by avoiding customs duties and other
taxes. Revenue losses caused by the trafficking and black-market sale of contraband
commodities can be significant.
- Russia, China, and countries of the former Yugoslavia are among those with
the highest tariffs on luxury imports, making them prime markets for contraband
smuggling.
- Colombian drug traffickers often use illicit drug proceeds to purchase cigarettes
that they smuggle into Colombia for black-market sales, avoiding high tariffs
and taxes on legal tobacco imports, according to the US Bureau of Alcohol,
Tobacco, and Firearms.
- Cigarette smuggling into European Union countries cost them $3.7 billion
in 1999, according to an EU study. The Scandinavian countries have also suffered
major revenue losses because of trafficking and black-market sales of tobacco
and alcohol by crime groups, primarily from the former Soviet Bloc and former
Yugoslavia, that circumvent their import, excise, and value-added taxes.
Illegal imports and exports are a particular problem for the United States,
which is considered by criminals with international connections to be both a
major market and source for contraband as well as a transit avenue for international
contraband smuggling. Criminals involved in smuggling contraband rely on the
volume of export trade in the United States to conceal their illicit activities.
- US Customs data indicate more than 1.3 million people, 341,000 vehicles,
and more than 45,000 trucks and containers enter the United States daily.
The Customs Service is able to physically examine only about 3 percent of
all goods crossing US borders each day. Five years from now, US Customs will
be able to inspect only 1 percent of all goods entering the United States
if resource levels remain unchanged.
- Contraband, such as firearms, alcohol, or cigarettes, is frequently concealed
in shipping containers or packaging for seemingly legitimate goods.
In addition, the United States is frequently a transit country for merchandise
being shipped to another foreign destination. Routing contraband through a transit
country helps to conceal the true country of origin on merchandise that is controlled
or restricted by the importing country.
Most contraband smuggling is facilitated by physical concealment of the illicit
goods or by a fraudulent misrepresentation of facts. False invoicing, over or
under valuation of goods, and transfer price mechanisms are frequently used
to misrepresent the value of smuggled goods; undervaluation of goods allows
contraband traffickers to avoid tariffs or excise taxes, while overvaluation
is used either to disguise the true identity of the item or to launder illicitly
derived proceeds.
Contraband Smuggling Into the United States
The volume of contraband commercial goods entering the United States skews the
marketplace for some manufacturing, retail, and even high-tech industries by
providing consumers with less expensive substitutes for legitimate products,
hindering the competitiveness of US businesses. Moreover, many contraband imports
are substandard products--such as tainted foods, substandard automotive
parts, or dangerous imitation pharmaceutical drugs--that may threaten public
health and safety.
The uncontrolled movement and disposal of hazardous wastes and material
into and within the United States may cause harm to public safety and the ecosystem.
The black market for chloroflourocarbons (CFCs), which deplete ozone from the
atmosphere, in the United States and Europe is an extremely lucrative illicit
business for international criminals. Russia, China, Mexico, and India are major
sources of the approximately 10,000 to 20,000 metric tons of CFCs that US Customs
has reported are smuggled into the United States each year. In addition to undermining
international progress toward eliminating the use of ozone-depleting substances,
the illegal CFC trade evades the high cost of US excise taxes on legally imported
CFCs and takes business away from US companies developing ozone-safe chemicals
and the equipment that uses them.
- Brokers in Mexico can purchase freon, much of it legally imported from China,
for less than $2 per kilogram and sell it in Los Angeles for 10 times as much,
according to US Customs officials.
- Industry estimates in 1998 indicated that smugglers of ozone-depleting substances
earn as much as $600 million annually from sales to buyers in Europe and North
America and deprive the US Government of some $150 million in excise tax revenues
each year.
The United States is most often the destination of illicit trade in protected
wildlife and rare plants, although both the United States and Canada are
also raided to obtain exotic plants and animals. Trafficking in exotic species
threatens bio-diversity and could expose unsuspecting Americans to deadly diseases.
Contraband Smuggling Out of the United States
Illegal exports of contraband leaving the United States are a significant problem,
with criminal networks engaged in this activity taking advantage of US federal
and state laws as well as the border control focus on the smuggling of drugs,
illegal immigrants, and other contraband into the United States. Commodities
smuggled out of the United States are often items restricted for export by US
law and involve munitions list items, firearms, and defense-related technologies
tightly controlled for export by the US Government. Other items frequently smuggled
out of the United States include stolen automobiles, dual-use items, and other
goods that are difficult to obtain.
- Illegal trafficking in US-origin firearms has become a security issue
of concern for many foreign governments. Foreign law enforcement agencies
continue to uncover US-manufactured firearms owned by narcotics traffickers,
insurgents, terrorists, and organized crime groups. Several foreign governments
are pressing the US Government to stem the international flow of weapons from
the United States. The US Customs Service seized nearly $4.6 million in arms
and ammunition at US ports-of-entry and exit in 1999.
The illegal smuggling and trafficking of US-manufactured cigarettes
and alcohol by worldwide criminal networks results in major losses of
legitimate state revenues in Europe, Russia, Asia, and the Western Hemisphere.
Some alcohol and tobacco contraband are legally exported but stolen in transit--often
at an intermediate stop--or after they legally entered the destination country
for black-market sales. Some US cigarette manufacturers sell directly to known
smugglers. If US taxes on cigarettes rise over the next several years, international
crime syndicates may expand smuggling operations into the United States to circumvent
import taxes.
Contraband smuggling groups with worldwide networks are meeting a growing
demand for stolen vehicles from the United States, as well as Western
Europe and Japan. Luxury and sports utility vehicles are in particular high
demand by criminals because of their high international black-market values
and low probability of being detected by law enforcement in overseas markets.
The annual global contraband trade in stolen vehicles is estimated at $10-15
billion.
- In 1997 the FBI Uniform Crime Report estimated that 1.4-1.6 million automobiles
are stolen annually in the United States, of which 200,000 valued at approximately
$20,000 each are illegally transported out of the country--making the overseas
black market for stolen US vehicles worth about $4 billion. Fewer than 1 percent
of US stolen vehicles smuggled overseas are repatriated.
- European law enforcement agencies report that 300,000 vehicles worth some
$5 billion are acquired by car theft rings annually in the European Union
countries.
The demand for stolen luxury cars is especially high in Russia and China,
where import tariffs average more than 100 percent for most types of luxury
vehicles, according to data from the US Commerce Department and industry sources.
According to estimates by the National Insurance Crime Bureau, stolen vehicles
sold in Europe fetch three to four times their US market value.
Map
Major US Ports-of-Exit for Stolen Vehicles Being Smuggled Abroad, 1988
Crime syndicates from China, Russia, Eastern Europe, and Mexico dominate much
of the world trade in stolen cars. Russian and Asian crime groups rely on members
or associates in the United States, who often collaborate with local theft gangs
in US cities, to steal vehicles and arrange for transport overseas. Both Russian
and Asian criminal groups cooperate with Mexican smuggling rings that appear
to be responsible for moving stolen vehicles across the US-Mexican border for
re-export to Russia and China, according to insurance industry and press sources.
Automobile smuggling syndicates export most of the vehicles stolen in the United
States in maritime shipping containers either directly from US seaports, or
after driving the vehicles into Mexico. Most vehicles stolen in Western Europe,
on the other hand, are simply driven to Russia or other destinations.
- International car theft rings run by Russian, Asian, and other crime groups
appear to be increasingly organized and professional in their operations,
according to US Customs reporting. Their operations include altering vehicle
identification numbers so the stolen vehicles cannot be traced. Many countries
in which these vehicles are sold lack the technical expertise to detect such
tampering.
Trafficking stolen vehicles also helps crime groups facilitate other international
criminal activities. Stolen vehicles, for example, sometimes are used to conceal
and transport narcotics or other smuggled contraband.
Most intellectual property rights (IPR) crimes affecting US businesses involve
the theft of trade secrets and copyright, trademark, and patent violations.
Criminal violations of intellectual property rights--particularly the sale of
counterfeit or illegally manufactured products--distort international trade,
undermine the legitimate marketplace, and cause extensive revenue losses to
legitimate industries. The explosion of digitization and the Internet have further
enabled IPR violators to easily copy and illegally distribute trade secrets,
trademarks, and logos.
US businesses are particularly vulnerable and especially hard hit by counterfeiting
and other forms of copyright, trademark, and patent infringement because the
United States leads the world in the creation and export of intellectual property--primarily
in motion pictures, computer software, sound recording, and book publishing.
These industries contributed more than $270 billion to the US economy in 1996,
or approximately 3.65 percent of GDP, according to International Intellectual
Property Association estimates. Copyright industry products have surpassed agricultural
products as the single-largest export sector in the US economy, and America's
three largest software companies are now worth more than the steel, automotive,
aerospace, chemical, and plastics industries combined.
Counterfeit or illegally manufactured products compete with, and often displace,
legitimate sales. US businesses increasingly are losing legitimate sales due
to the manufacture and distribution of illegal products that violate intellectual
property rights. Many of these illegal products are exported to the United States,
but most are circulated in markets abroad in direct competition with the legitimate
products of US firms. In some countries, illicit products saturate the domestic
market so completely that it is impossible for owners of intellectual property
copyrights and trademarks to establish legitimate manufacturing or distribution
interests.
US businesses experience significant profit and market loss due to the theft
of trade secrets. Foreign companies seek to steal US trade secrets--particularly
theft of sensitive information pertaining to research and development, production
processes, and corporate strategies--to erode US companies' overseas market
competitiveness and technological leadership. By so doing, they also try to
outmaneuver or underbid US companies, hoping to tilt the playing field in their
favor. The American Society for Industrial Security, which conducts a comprehensive
survey of Fortune 500 companies, estimated in 2000 that potential known losses
to all American industry resulting from the theft of proprietary information
amounted to $45 billion.
Graphic
US Customs Intellectual Property Rights (IPR) Seizures, 1995-99
Copyright violations primarily involve the illicit production and sale
of computer software, recorded music, and videos. The International Intellectual
Property Alliance estimated that, in 1998, trade losses suffered by US-based
industries due to copyright violations totaled nearly $12.4 billion, with losses
to the motion picture industry of $1.7 billion, the sound recording and music
publishing industry at $1.7 billion, the business software industry at nearly
$4.6 billion, the entertainment software industry at $3.4 billion, and the book
publishing industry at $685 million. In 1996, law enforcement raids around the
world resulted in the seizure of nearly 5.1 million unauthorized copies of motion
picture videocassettes, according to the Motion Picture Association; also seized
were more than 25,000 VCRs with an estimated production capacity of almost 33
million pirate videos per year.
- Globally, one in every three compact discs (CDs) sold is a counterfeit copy,
according to an estimate published in 1998. Data provided by the International
Federation of the Phonographic Industry indicate that, in 1999, worldwide
sales of pirated sound recordings totaled more than $4 billion.
- The situation is as bad for computer software. According to current estimates
by the Business Software Alliance, stolen software costs the industry $12
billion globally and topped $59 billion during the last five years. The average
global piracy rate for software is 38 percent of total sales, with a US rate
of about 25 percent. In 1997, Global Software Piracy Report estimated that
225 of the 523 new business software applications sold worldwide in 1996 were
pirated copies.
Trademark violations include the counterfeiting of certain products
and trademark goods. According to current estimates by the International Chamber
of Commerce (ICC), counterfeit trademarked products account for approximately
8 percent of world trade-- roughly $200 billion annually. A recent survey of
10 leading apparel and footwear companies by the International Trademark Association
indicated annual losses of nearly $2 billion. Online counterfeit sales may exceed
$25 billion annually worldwide, according to ICC estimates.
In 1999, US Customs seized a record $98.5 million in counterfeit imported
merchandise, an increase of $22 million during the previous year. Record media--
including audiocassettes, videocassettes, and CDs-- computer parts, sunglasses,
and clothing were the commodities most commonly seized.
Patent violations involve the illegal manufacture of products using
production processes, designs, or materials that are protected by patents giving
the holder the right to exclude others from making, using, or selling an invention
for a specified period of time. The 1995 Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS) requires that members of the World Trade
Organization protect most inventions for a period of 20 years and that their
domestic laws permit effective action against patent infringement.
- The Pharmaceutical Research and Manufacturers Association estimates that
the pharmaceutical industry loses more than $2 billion annually due to counterfeit
medications sold on the open market. US nongeneric pharmaceutical sales totaled
$110.8 billion worldwide in 1997; estimated sales for 1998 were $124.6 billion.
Besides significant business losses, IPR crime costs the US Government tax
revenue and reduces potential jobs available to US citizens. The International
Anti-Counterfeiting Coalition (IACC) estimated in 1998 that product and software
counterfeiting costs the United States more than $200 billion per year in lost
sales, jobs, and tax revenues. The US Customs Service has estimated that foreign
counterfeiting of US products has caused the loss of 750,000 jobs in the United
States.
IPR crimes threaten consumer interests in the United States and elsewhere
when counterfeit products are reproduced using bogus or inferior materials and
poor quality controls that can affect public safety and health. Since 1990,
US authorities have identified or seized nonconforming parts in US-produced
automobiles and commercial airplanes and substandard materials used in household
products and consumables such as infant formula and pharmaceuticals.
- The World Health Organization estimated in 1997 that at least 7 percent
of the medicines sold worldwide are counterfeit products. US authorities have
confiscated misbranded and counterfeit pharmaceuticals, including birth control
pills and AIDS, heart, diabetes, cancer, and diet medications.
Global Dimensions
IPR violations are a global phenomenon. Most countries have brought laws protecting
intellectual property rights up to international standards, but few are devoting
the political or budgetary support necessary to enforce the laws. Intellectual
property violations are flourishing because of ineffective laws, weak enforcement,
inadequate resources devoted to investigations and prosecutions, corrupt government
officials, and uninformed or inadequately trained law enforcement officers.
In many of the countries that are major IPR violators, the government turns
a blind eye to the activity in the interest of boosting its industries' competitiveness
in the international marketplace.
- East and Southeast Asia are primary regions of IPR violations that cause
significant losses to US businesses. China and Hong Kong harbor major duplicators
of Western toys and clothing, while firms in Malaysia, Singapore, and Taiwan
copy US audio, video, and software products. According to the US Customs Service,
56 percent of US IPR seizures (mostly music CDs, computer software packages,
and movies) in the first half of 1999 were from China and Taiwan.
- In Eastern Europe, Ukraine has emerged as the leading producer of illegal
optical disc pirated products, exporting pirated CDs for distribution throughout
the world. Most of the NIS in the former Soviet Union are improving IPR laws
for their admission to the World Trade Organization, but implementation and
enforcement are uncertain.
- Israel's substantive laws remain deficient under the 1995 TRIPS Agreement,
and it remains a key distribution hub in a regional network for pirated optical
media products that extends into Russia and Eastern Europe.
- Latin America is the third-largest market for illegal duplication of CDs,
videos, and cassettes, according to the International Intellectual Property
Alliance. Illegal production of these products is centered in Brazil and Argentina,
whose governments have toughened their IPR laws but nonetheless are resisting
further IPR improvements. Paraguay continues to be a regional center for pirated
goods, especially optical media, and serves as a transshipment point for large
volumes of IPR-infringing products from Asia to the larger markets bordering
Paraguay, particularly Brazil.
Although many IPR crimes are committed by ostensibly legitimate foreign manufacturing,
business, and import/export enterprises to enhance their competitiveness, criminal
organizations are becoming common players in all stages of IPR crime, from manufacture
to distribution. Product piracy and counterfeiting are attractive to criminal
organizations because of the absence of strong criminal counterfeiting laws
and the potential for large profits in the counterfeit goods market. Moreover,
some criminal and terrorist organizations use the proceeds from producing and
selling counterfeit brand name consumer goods to fund other types of criminal
activity, both in the United States and elsewhere.
- In New York City, ethnic Chinese crime syndicates are increasingly counterfeiting
consumer products as a source of tax-free income. The Vietnamese gang "Born
to Kill" reportedly relies on the sale of counterfeit Rolex and Cartier
watches to fund gang activities. The group's founder has claimed earnings
exceeding $35 million from counterfeit product sales.
- In 1995, law enforcement officials in Los Angeles discovered several Chinese
criminal groups-- including the Wah Ching, the Big Circle Boys, and the Four
Seas triad--engaged in counterfeiting floppy discs and CD-ROMs. Asset seizures
totaled more than $17 million in illicit products and manufacturing equipment,
plastic explosives, TNT, and firearms.
- Past press reporting indicated that the Provisional Irish Republican Army
funded some of its terrorist activities through the sale of counterfeit perfumes,
veterinary products, home videos, computer software, and pharmaceuticals.
The stealing of trade secrets from the US Government and from US businesses
through economic espionage, in addition to industrial theft, is a growing threat
to US global economic competitiveness. These activities are typically carried
out by foreign governments, intelligence agencies, or industries to illicitly
acquire sensitive or restricted information related to critical technologies,
trade, finance, or corporate strategy. The United States has enacted the Economic
Espionage Act of 1996 to criminalize both state-sponsored and commercial theft
of trade secrets, but few other countries have similar laws. Indeed, collecting
"business intelligence"--including by means considered foreign economic
espionage--is a commonly accepted business practice in many countries.
- Foreign companies and governments routinely take advantage of technological
advances in global communications, such as the Internet and digital communications,
that have increased opportunities for industrial theft and the ease of information
transfers.
- The potential losses to all US industry resulting from economic espionage
were estimated to be about $300 billion, according to a 2000 estimate by the
American Society for Industrial Security, which conducts a comprehensive survey
of industrial theft. This figure is three times what it was a few years ago.
Some foreign governments engage in economic espionage to acquire US trade
secrets involving sophisticated technologies with potential military applications
or to help enhance the global competitiveness of their commercial industries.
Economic espionage supporting commercial industries is directed against corporate
strategies, marketing plans, or bidding strategies of US businesses or US Government
positions in bilateral or multilateral trade negotiations.
Foreign corrupt business practices cost US firms billions of dollars each
year in lost contracts. While the United States banned bribery of foreign government
officials more than 20 years ago with the Foreign Corrupt Practices Act, other
industrialized countries continue to permit overseas bribery, and some still
allow tax deductions for such payments. However, bribery of government officials
is against the law in virtually every country where it might occur.
Foreign firms often use bribes to help win international contracts. About
half of the known bribes in the last five years were for defense contracts,
with the other offers directed at major purchases by governments and parastatal
organizations for telecommunications, infrastructure, energy, and transportation
projects. The actual extent of the practice is probably much larger than available
evidence indicates. Procurement corruption is common in virtually all parts
of the developing world in Asia, Africa, and Latin America, as well as parts
of Europe.
Global Implications
Corrupt business practices have significant costs for the governments that allow
them. Governments that regularly allow bribery may ultimately undermine legitimate
business activity, creating disincentives for US and other foreign firms to
invest in their countries. Domestic companies that are allowed to use bribes
to exclude foreign competitors may create undeserved monopolies that deter healthy
economic growth and development. Bribery also contributes to poverty and instability
in developing countries by undermining the legitimacy of state structures and
wasting government resources.
Bribes related to government or parastatal contracts promote official corruption--including
at the highest political levels--which adversely affects internal government
operations and fosters negative foreign perceptions of such governments. In
recent years, government leaders in South Korea, Pakistan, India, Greece, and
elsewhere have become enmeshed in procurement corruption scandals. Bribe recipients
are vulnerable to exposure in countries with alternating political parties,
a free press, or independent judicial authorities.
Although international initiatives are under way to limit international bribery,
effective curbs may be years away. In December 1997, member states of the Organization
for Economic Cooperation and Development (OECD)--a group of the major industrialized
countries--signed an international convention obliging them to pass laws comparable
to the US Foreign Corrupt Practices Act.
- The Convention on Combating Bribery of Foreign Public Officials in International
Business Transactions does not directly address the once-common practice of
permitting businesses to deduct bribes paid to foreign officials from their
income taxes, but the OECD has recommended that all member states act to eliminate
the tax deductibility of bribes. Most member countries have begun to implement
such a change.
- Effective enforcement of laws against foreign commercial bribery will remain
a longer term goal. To date, no country other than the United States is known
to have prosecuted anyone for violation of a law passed to implement the OECD
convention.
The implementing laws of many countries for the OECD antibribery convention--which
had been ratified by 21 of the 34 signatory countries as of July 2000--may take
years of negotiation and further legislative action to finalize. The Inter-American
Convention Against Corruption, which entered into force in 1998 and which the
United States ratified in September 2000, and the Criminal Law Convention Against
Corruption of the Council of Europe, which the United States signed in October
2000, both require state parties to pass laws against the bribery of foreign
public officials in business transactions. In addition, multilateral lending
institutions such as the World Bank and the International Monetary Fund are
making efforts to combat corruption by addressing it in the context of their
lending programs and by supporting governmental anticorruption efforts.
US dollars are the most commonly counterfeited currency in the world because
they are the currency of choice worldwide. International criminals produce,
distribute, and use counterfeit US money for profit, to make illicit transactions,
to finance illegal operations, and to promote illicit activities. Profits for
criminal groups placing counterfeit US money into circulation are close to 40
cents per dollar, according to the US Secret Service. Moreover, selling counterfeit
currency can provide criminal organizations with capital to invest in other
illicit activities, such as the purchase and distribution of illegal weapons
and narcotics.
International counterfeiting schemes also include reproducing financial instruments
such as commercial checks, traveler's checks, and money orders. Fictitious securities
and negotiable instruments are increasingly being used by international criminal
enterprises to defraud governments, individuals, corporations, and financial
institutions. Criminals have used bogus instruments to obtain government benefits,
to underwrite loans, to serve as insurance collateral, and to defraud individual
investors, pension funds, and retirement accounts.
About half of counterfeit US currency is produced abroad, where many of the
illicit financial transactions by terrorist, drug trafficking, and organized
crime groups take place. The US Federal Reserve estimates that about $570 billion
of genuine US currency is in circulation worldwide, of which two-thirds circulates
outside the United States.
- About one-third of US counterfeit currency distributed in the United States
in the past three years originated in Colombia, according to US Secret Service
data. Lax counterfeiting laws and established drug-trafficking networks in
Colombia are key factors that facilitate the production and distribution of
counterfeit US dollars.
Graphic
US Counterfeit Currency Activity
The circulation of counterfeit US currency is growing worldwide despite vigorous
anticounterfeiting measures in the United States and overseas. This increase
is due in part to the improved quality and modernization of reproduction equipment.
Advanced design, copying, and publishing technology has enhanced production
of high-quality counterfeit US currency and other financial instruments. Counterfeit
US currency produced with advanced reprographic capabilities and distributed
in the United States has increased from less than 1 percent in 1995 to 50 percent
in 2000.
- Continued improvements in counterfeiting technology would enhance the quality
and increase the quantity of counterfeit US currency in circulation, making
it more difficult for law enforcement and financial institutions to identify
false currency.
Counterfeit currency and financial instruments are also a problem for other
governments. Foreign countries lacking adequate government oversight and enforcement
of counterfeiting regulations are often susceptible to domestic production and
distribution of counterfeit currency. Counterfeiters are also able to take advantage
of countries with corrupt, poorly regulated, or poorly equipped financial institutions.
Threats to US Interests
While, at present, the production and circulation of counterfeit US currency
present a minimal threat to the US economy, technological advances in counterfeiting
and the extension of counterfeiting knowledge to more criminal groups may, in
some circumstances, undermine US economic interests. US interests are most threatened
by the use of counterfeit currency by some criminal organizations--including
terrorist groups--to expand and finance activities and purchases that such groups
could otherwise not afford. Some organized crime groups, drug traffickers, and
terrorist organizations appear to be involved in producing and distributing
counterfeit currency to reap profits and to finance other illegal activities.
The international expansion of these criminal organizations has helped increase
distribution of counterfeit currency.
- Some Italian and Russian crime groups may be involved in printing counterfeit
US dollars, possibly to purchase narcotics, military weapons, and other contraband.
Internationally isolated states of concern, like North Korea and Iran, that
have in the past resorted to illegal means to finance their operations may be
involved in printing or distributing counterfeit US currency.
Wide-ranging and complex financial fraud schemes by international criminal
organizations are stealing billions of dollars annually from US citizens, businesses,
and government entitlement programs. Financial fraud crimes have become more
prevalent in recent years as greater amounts of personal and corporate financial
information are made available through computer technology and access devices,
such as credit cards, debit cards, and smart cards. Worldwide economic and financial
systems are continuing to evolve toward a cashless society; plastic cards containing
digitized financial information are increasingly being used to effect commerce.
In addition, Internet-related financial crime is of growing international concern.
Criminal organizations--including Russian, Nigerian, and Asian groups--have
taken advantage of these developments to become involved in a wide range of
sophisticated fraud schemes.
Financial Fraud Against Individuals
US citizens are direct targets of many fraud schemes originating outside the
United States. These include soliciting money for ostensibly legitimate charities
or overseas investment or business opportunities. In addition, the accessibility
of personal financial information and the ability to gain access to financial
accounts, through stolen bank cards or fraudulent means, allow criminals to
steal personal savings or use personal financial assets as collateral for their
own investments or transactions such as setting up illicit front companies.
- Advance fee frauds committed largely by Nigerian criminal syndicates are
among the most lucrative financial crimes targeting individuals and businesses
worldwide. Criminals purporting to be officials of their government, banking
system, or oil companies mail or fax letters to individuals and businesses
in the United States that entice victims with the opportunity to take part
in million-dollar windfalls, provided up-front fees are paid for necessary
expenses such as bribes, taxes, and legal fees. In 1999, US victims reported
losses of several hundred million dollars to advance fee frauds, according
to US law enforcement. The Secret Service has reported receiving approximately
100 calls and 300 to 500 pieces of correspondence per day from potential victims.
To a limited extent, international criminals have also used Internet banking
to target individuals in financial fraud schemes. The 1997 collapse of the Antigua-based
European Union Bank (EUB), whose Russian owners fled Antigua with perhaps as
much as $10 million in depositors' funds, highlights the threat posed to individuals
from financial frauds facilitated by evolving Internet-enabled banking services.
The first offshore bank to operate exclusively on the Internet, EUB actively
solicited depositors over the Internet with offers of complete privacy, confidentiality,
and security. The bank's collapse was precipitated by substantial loans to shell
companies owned by EUB shareholders.
- Within a one-month period, EUB's advertisement was accessed 7 million times,
which led to 10,000 e-mail messages from potential clients and almost 150
activated accounts for the bank, according to press reporting. The EUB Web
site was so successful, it was the recipient of a 1997 "Top Business
Site" award by ComFind, an Internet business directory.
Financial Fraud Against Businesses
The victimization of US businesses and financial institutions through sophisticated
financial fraud schemes results in substantial lost revenue, as well as less
tangible but nonetheless real lost opportunities and jobs. International criminals
are able to use computer technology and access devices to manipulate accounts
and direct the illicit transfer of funds. The ability to rapidly move funds
between distant banks or financial institutions hinders law enforcement's ability
to track financial transactions and allows sophisticated criminal organizations
to mount complex financial fraud schemes.
- In 1996, the Association of Certified Fraud Examiners estimated financial
losses from fraud perpetrated by domestic and international criminals in the
United States at more than $200 billion per year.
Frauds involving credit, debit, and smart cards and communications systems
that transfer financial data are a growing problem. International criminals
are exploiting electronic payment technology through false purchases and by
producing counterfeit cards for the commercial marketplace, according to industry
and law enforcement reporting. The huge profits and relatively minor penalties
associated with the crime make these kinds of financial frauds attractive to
criminal groups that have the capability to pull them off.
- According to current industry estimates, fraudulent credit cards cost the
US banking industry at least $2 billion annually; losses worldwide are estimated
to be an additional $1 billion each year.
Industry experts indicate that organized crime groups play a significant role
in credit card frauds and other schemes to defraud banks and financial institutions.
Nigerian crime groups capitalize on their ability to produce fraudulent identities
and to suborn key employees of banks and companies in order to steal customer
credit card data. Chinese and Japanese criminal groups are adept at producing
forged credit cards. Russian criminal syndicates are using their access to computers
and technological expertise to access account data.
While South America and Mexico are emerging as centers for producing counterfeit
credit cards in the Western Hemisphere, Chinese crime groups with operations
in major commercial centers in East Asia (particularly Hong Kong) and North
America are most notorious for fraudulent credit card activity.
- A crackdown on counterfeit credit card manufacturing in southern China resulted
in the seizure of thousands of fraudulent cards, uncut blank credit cards,
magnetic strips, issuer holograms, encoders, laptop computers, and extensive
manufacturing equipment. Law enforcement investigations revealed that the
scheme stretched to Hong Kong, Macau, Taiwan, Bangkok, Canada, Honolulu, and
Buffalo.
Graphic
CSI/FBI 2000 Computer Crime and Security Survey
Financial fraud schemes are also directed against the insurance industry,
government entitlement programs, and government tax revenues. Medical fraud
scams-- including staged accidents and false billing to insurance companies--are
a particularly lucrative source of income. Fraudulent claims from theft, property
damage, and automobile accidents cost insurance companies millions of dollars
each year. The federal medicare and welfare systems suffer substantial losses
due to fraudulent claims for benefits, including false medical billings and
false identities, many of which victimize real intended beneficiaries.
- Nigerian and Russian criminal groups have been implicated in these kinds
of financial fraud crimes. Russian crime groups in the United States also
orchestrate computer, telecommunications, and consumer goods contract fraud.
High-tech crimes targeting computer networks are becoming an increasing law
enforcement and national security problem because of the growing reliance in
the United States of government entities, public utilities, industries, businesses,
and financial institutions on electronic data and information storage, retrieval,
and transmission. Increasingly, other countries around the world face the same
vulnerability. The creation of complex computer networks on which many government,
public, private, and financial services depend has created opportunities for
illicit access, disruption, and destruction of information by a wide range of
hackers. Although most computer attacks are conducted by disgruntled employees
and independent hackers, according to US law enforcement information, the threat
from foreign intelligence services and foreign corporate competitors is significant
for US national security interests. Moreover, international terrorist and criminal
organizations have increasing capability to penetrate and exploit computer-based
information and data systems.
- Illegal penetration of computer systems provides criminals the ability to
access and manipulate personal, financial, commercial, and government data.
The introduction of computer viruses can compromise data system integrity.
Hostile hackers-- whether individuals, industrial spies, foreign governments,
terrorist or criminal organizations--could potentially disrupt critical public-sector
assets.
The greater dependence on computer systems for daily business and administrative
functions--and the increasing interconnections between computer networks--has
increased both the vulnerability and potential costs of systems penetration.
US communications and information industries have developed the most technologically
advanced systems and networks in the world. Many critical public infrastructure
industries--including power and energy, telecommunications, and transportation
systems--are operated or managed by computer networks. According to the US Customs
Service, all major international industries, businesses, and financial institutions
rely on interconnected computer systems for commercial and financial transactions
to remain competitive.
- Attacks on computer and information systems of US corporations, financial
institutions, universities, and government agencies through unauthorized access
by employees and external system penetration ranged from denial of service
and sabotage to financial fraud and theft of proprietary information, according
to surveys jointly conducted by the FBI and Computer Security Institute.
Illegal intrusion and exploitation of computer networks in the United States
have sizably increased over the last several years, causing millions of dollars
in losses to US businesses and potentially threatening the reliability of public
services.
- According to the joint 2000 FBI-Computer Security Institute survey of security
practitioners in US corporations, financial institutions, universities, and
government agencies, 273 of the respondents cited financial losses of $265.5
million from computer crime--almost double the reported losses of $136.8 million
in 1998.
- The number of US businesses reporting computer intrusions through Internet
connections rose from 37 percent in 1996 to 70 percent in 1998, according
to the joint survey.
- A significant percentage of the information needed to carry out essential
government functions is processed at some point by information systems in
the nonfederal sector of the national information infrastructure.
Criminals Exploiting High Technology
As worldwide dependence on technology increases, high-tech crime is becoming
an increasingly attractive source of revenue for organized crime groups, as
well as an attractive option for them to make commercial and financial transactions
that support their criminal activities. With little of the risks and penalties
associated with more traditional criminal activity, high-tech crime allows criminals
to operate in the relative security of computer networks, often beyond the reach
of law enforcement where the crime was committed.
International criminals, including members of traditional organized crime
groups, are increasingly computer-literate, enabling them to use cutting-edge
technologies for illicit gain. International criminals rely on publicly available
sources to obtain information on system vulnerabilities. E-mail mailing lists
routinely distribute vulnerability information and software that can be used
to exploit computer systems. In addition, vulnerabilities are publicly exposed
in books, magazine and newspaper articles, electronic bulletin board messages,
and a growing list of Web sites that are targeted at informing a wide-ranging
global network of potential hackers about the latest methodology for staging
computer attacks.
- Criminal groups may also exploit businesses and government agencies using
programmers, many of whom are lesser paid foreigners, to make software fixes
or write new programs to gain access to computer systems and the information
they contain. Press reports indicate that a Russian-speaking crime group in
the United States recruited unemployed programmers in Russia to hack into
other syndicates' computer systems, embezzle funds, and create programs to
protect its funds in US banks.
International criminals are using computers to support a wide range of criminal
activity, including as an innovative alternative means to commit many traditional
crimes. The use of computer networks allows criminals to more securely and efficiently
orchestrate and implement crimes without regard to national borders. Drug traffickers,
for example, are using encrypted e-mail and the Internet to avoid detection
and monitoring of their communications over normal telephone and communications
channels.
The Internet has also become the primary means used by international child
pornography rings to disseminate their material worldwide. International child
pornography rings are operating in dozens of countries, peddling their illicit
wares through the Internet and other global distribution networks. Modern technology
allows these child pornographers to store vast quantities of digital images
on small portable computers easily smuggled into the United States and elsewhere.
Moreover, criminal commercial and financial transactions through computers
occur amidst countless legitimate public, business, and personal uses of computer
networks, making them especially difficult to identify. Transactions involving
technology or components for weapons of mass destruction or embargoed items
under US or international sanctions are being done through computers. Virtually
any commodity, including weapons of mass destruction and their component parts
and delivery systems, is being offered for international sale on Internet sites.
- US Customs investigations show that many Internet sellers of contraband
materials openly advertise that they have been in operation for many years
without being caught by law enforcement. In December 1999, there were about
100 ongoing US Customs investigations involving the sale of counterfeit goods
over the Internet.
Computers are also exploited by international criminals to facilitate a wide
range of economic crime-- particularly targeting US commercial interests. High-tech
financial fraud through illicit access to credit card numbers and commercial
accounts has the potential to cause serious losses for US businesses conducting
electronic commerce over the Internet.
- According to a joint FBI-Computer Security Institute survey in 1998, 241
US business respondents reported $11.2 million in losses caused by computer
financial frauds. Telecommunications fraud from computer attacks cost these
companies an additional $17.2 million in losses.
- In March 1999, hackers pleaded guilty to breaking into US phone companies
for calling card numbers that eventually made their way to organized crime
syndicates in Italy. US law enforcement information indicates that this high-tech
theft cost the US phone companies an estimated $2 million.
Intellectual property rights violations through the penetration of computer
networks are also an increasing threat to US businesses. US businesses responding
in the 1998 survey reported losses of $33.5 million in theft of proprietary
information from computer attacks.
International criminals may be using computer hacking and related methods
for financial gain. Industry and law enforcement reporting indicates that high-tech
criminals are using advances in technology to target banks and other financial
institutions. The anonymity and speed of electronic transactions may encourage
criminal exploitation of these technologies. While US and many Western and Asian
banks and financial institutions maintain adequate security safeguards to prevent
outside penetration of computer-based data financial transaction systems, some
have outdated or lax security practices that high-tech criminals are able to
exploit.
- In October 2000, according to press reports, Italian authorities dismantled
a Sicilian Mafia-led crime group that was planning to steal as much as $900
million in European Union aid earmarked for Sicily. Employing corrupt officials
from the targeted bank and a telecommunications firm, the crime syndicate
broke into the bank's computer network, created a virtual banking site linked
to the interbank payments network, and was able to divert $115 million of
the EU aid to Mafia-controlled bank accounts in Italy and abroad before they
were discovered.
- In China, a computer hacker was convicted in November 1999 of breaking into
the Shanghai Securities Exchange, where he changed transaction records that
cost two Chinese companies more than $300,000, according to Chinese press
reports.
- In South Africa in November 1999, an unidentified crime syndicate stole
hundreds of thousands of dollars from local banks by using the Internet and
bank-by-telephone services to hack into financial institutions, according
to press reports.
- In 1994, individuals in St. Petersburg, Russia-- aided by insider access--attempted
to steal more than $10 million from a US bank by making approximately 40 wire
transfers to accounts around the world. Members of the gang have since been
arrested in several countries, and most of the stolen funds have been recovered.
Money laundering allows criminals to hide and legitimize illicit proceeds
derived from criminal activities. Money laundering hinders efforts by regulatory
and law enforcement agencies to identify the source of illegal proceeds, trace
the funds to specific criminal activities, and confiscate criminals' financial
assets. Moreover, the successful laundering of illicit funds helps to support
and finance future criminal activity, including any of the international crimes
identified in this assessment. While international law enforcement, intelligence,
and financial experts agree that the amount of illegal proceeds in the world
is huge and growing, there is little analytical work supporting most estimates
of money laundering. A few estimates have been attempted, but no consensus view
has emerged about the magnitude of money laundering on a global, regional, or
national scale. (2)
- According to one recent estimate, worldwide money-laundering activity is
roughly $1 trillion per year, with $300-500 billion of that representing laundering
related to drug trafficking. A former Managing Director of the International
Monetary Fund (IMF) has estimated worldwide money laundering at 2 to 5 percent
of the world's gross domestic product--some $800 billion at the low end of
the range and perhaps as high as $2 trillion.
The infrastructure used by international crime groups to launder illicit proceeds--which
must be placed, layered, and integrated to be "legitimized" in the
legal economy--is extensive and worldwide. There are many methods for laundering
money. Among those favored by criminal organizations is to establish seemingly
legitimate businesses as fronts for illegal activity and money laundering. These
tend to be cash-based businesses--such as hotels, casinos, restaurants, financial
service firms, construction companies, and travel agencies--whose ostensibly
legitimate operations involve substantial cash-flow. This makes it difficult
for law enforcement agencies to identify illegal proceeds. Front companies enable
criminals to combine legitimate and illicit funds in the business, in addition
to providing a plausible source of wealth to deny involvement in criminal activity.
The international banking and financial systems are routinely used
to legitimize and transfer criminal proceeds. Huge sums of money are laundered
in the world's largest financial markets--such as Hong Kong, Japan, Germany,
the United Kingdom, and the United States--even though extensive legislation
and enforcement measures make it more difficult and risky to conduct illicit
financial transactions in these jurisdictions. Launderers also use banks located
in secrecy havens to hide illicit funds. In some cases, money launderers may
recruit bank employees to conduct money-laundering transactions on behalf of
the criminal organization. Some organized crime groups have sought to gain ownership
of banks to facilitate their own money-laundering activity.
Several factors contribute to a country's vulnerability to money laundering:
a lack of adequate legislation or appropriate enforcement to address the problem,
bank secrecy laws, weak or corrupt financial institutions, and inadequate or
ineffective regulatory supervision of the financial sector.
- In Latin America, money-laundering investigations are hamstrung by bank
secrecy laws, lack of trained personnel, inadequate legislation, or corruption.
Weak enforcement of existing legislation in some countries does little to
discourage illicit financial activities. In addition, many countries have
only drug-related money-laundering laws, which limit the government's ability
to prosecute the laundering of proceeds from other crimes.
- In Russia and the NIS, which are transitioning to free market economies
and developing their financial sectors, organized crime groups have capitalized
on industry privatization programs to gain a foothold in the legitimate economy.
Weak banking regulations, lax law enforcement, and a general lack of money-laundering
controls provide a favorable environment for illicit financial activity.
- Offshore banking centers--such as Liechtenstein, The Bahamas, Nauru,
and Lebanon--typically offer bank and corporate secrecy, low tax rates, ease
of corporate formation, and low incorporation fees. These provisions can provide
incentives for criminals to conduct illicit financial activities in these
countries. Moreover, smaller, emerging offshore havens, typically in the South
Pacific, lack money-laundering legislation and are less regulated than some
established offshore financial centers.
In Southeast and Southwest Asia and the Middle East, parallel informal
banking systems--known primarily as the hawala, hundi, or hui kuan--offer
an alternative for laundering funds outside the formal banking system. These
traditional nonbanking systems are increasingly being used by criminals, drug
traffickers, and terrorist organizations operating throughout the world to launder
and move illicit funds across long distances because they facilitate the rapid
and cost-effective transfer of money and leave virtually no useful paper trail
for law enforcement investigators or financial regulators.
- The multinational Financial Action Task Force (FATF), established at the
G-7 summit in 1989 to examine measures to combat money laundering, has noted
the significant role that alternative remittance systems are playing to facilitate
money laundering worldwide.
The FATF has also observed an increase in illicit funds being laundered through
nonbank financial institutions, such as currency exchange houses, money remitters,
and gaming establishments. These organizations tend to be less regulated than
banking organizations and are often used to place money into the legitimate
economy.
- The Colombian black-market peso exchange is a primary money-laundering
system used by Colombian drug traffickers, according to the US Treasury Department.
This laundering system works by traffickers selling their US-dollar drug proceeds
at a discount to brokers who credit them with an equivalent amount of pesos
in Colombian banks. The dollars in the United States are then sold to Colombian
businessmen at an exchange rate better than the official Colombian rate, who
then use these funds to finance the purchase and export of dollar-denominated
goods from the United States. In this way, the dollars that began as drug
proceeds are laundered through a process that effectively circumvents both
US and Colombian currency reporting requirements: Colombian drug profits in
the United States, in effect, are repatriated in the form of trade goods.
US law enforcement estimates that the black-market peso exchange may be responsible
for laundering up to $5 billion in drug proceeds annually.
- Colombian, Mexican, and Dominican drug cartels are suspected of using certain
money remitters to launder drug proceeds. These businesses arrange
payments to recipients in exchange for a commission, usually up to 10 percent
of the transaction value. In the United States, money remitters are now required
to report suspicious activity, file currency transactions reports for transfers
exceeding $10,000, and register with the federal government. They will soon
be required to conduct enhanced recordkeeping and reporting for certain high-risk
transactions.
- Casinos and other forms of gaming establishments are popular for
money laundering because of the large, daily volumes of cash transactions
that help hide money-laundering activity. Furthermore, launderers can take
advantage of the increasingly sophisticated financial services offered by
gaming establishments. Organized crime groups and narcotics traffickers are
opening new casinos and other gaming establishments or acquiring existing
ones. In the United States, reporting of suspicious activity by casinos will
soon be mandatory.
Securities brokers and dealers and money service businesses,
such as check cashers and money order sellers, are also vulnerable to money
laundering. There are an estimated 200,000 money service businesses in the United
States. Like money remitters, these businesses will soon be required to register
with the federal government and to report suspicious transactions. Within three
years, US regulations will require securities brokers and dealers to report
suspicious activity, which they may now do voluntarily.
Threats From Money Laundering to World Economies
The International Monetary Fund has identified a number of adverse macroeconomic
effects resulting from money laundering, such as greater volatility in foreign
exchange markets and interest rates and distortions in market expectations.
While current money-laundering activity in the United States has not undermined
economic stability, it has hindered US Government efforts to collect taxes and
resulted in greater government expenditures in regulating the banking sector,
financial markets, and the business environment.
In developing economies, the accumulation and movement of large quantities
of illicit funds can destabilize the economy. Investments by criminal groups
in licit business enterprises can scare away honest investors and place companies
owned by legitimate businessmen at a comparative disadvantage. Widespread money
laundering can undermine the solvency and credibility of banks and other financial
institutions and erode the public's trust in the financial system. It can also
drive away potential investors and place legal investors at risk. Small economies
are also vulnerable to destabilization from sophisticated fraud schemes that
are attracted to large amounts of free-flowing cash. Finally, developing economies
are particularly vulnerable to attempts by money launderers to corrupt institutions
and key individuals with large amounts of cash, potentially undermining political
stability.
- Widespread money laundering and fraudulent pyramid investment schemes orchestrated
by Italian and Albanian criminal groups in the mid-1990s led to significant
political instability in Albania, the effects of which are still being felt.
Efforts by some countries, such as those in the former Soviet Bloc, to develop
modern banking systems can be greatly inhibited by criminal involvement in their
financial sectors. Criminal infiltration into the banking sector can impede
government efforts to reform the banking industry. Moreover, criminal organizations
with control or significant influence over domestic banks are not likely to
use sound banking practices. Rather, criminals may use bank capital to finance
illicit activities, acquire businesses, or make bad loans, raising the risk
of bank insolvency and disruption of domestic financial markets.
Increasing international attention to money laundering has led many countries
to implement money-laundering legislation and other preventative measures. In
addition, international standards are being established to increase banking
transparency and to reduce bank secrecy and other processes that disguise asset
ownership.
- Since 1994, 53 countries have implemented legislation or regulations requiring
banks to maintain records of large currency transactions. During the same
time period, the number of countries requiring banks to maintain uniform financial
records grew from 25 to 82.
- In addition, more countries are beginning to establish controls over nonbank
financial institutions. Currently, 47 countries require these institutions
to meet the same customer identification standards and reporting requirements
required of domestic banks.
- In June 2000, the FATF publicly named 15 jurisdictions--The Bahamas, Cayman
Islands, Cook Islands, Dominica, Israel, Lebanon, Liechtenstein, Marshall
Islands, Nauru, Niue, Panama, the Philippines, Russia, St. Kitts and Nevis,
and St. Vincent and the Grenadines--as being noncooperative and deficient
in their anti-money-laundering regulatory systems and practices. In July 2000,
the US Government issued advisories to US financial institutions noting that
the anti-money-laundering regimes in these jurisdictions were deficient. Other
members of the G-7 issued similar financial advisories.
Footnotes
(1) The US Government and two different
UN protocols make a distinction between alien smuggling--in which foreign
individuals willingly contract to be smuggled into a country by persons who
gain financial or other material personal benefit from procuring the illegal
entry--and trafficking in persons, in which individuals (particularly
women and children) are recruited or transported, by means of fraud, deception,
coercion, abduction, or the abuse of power, for purposes of exploitation, including
sexual exploitation, forced labor or services, or slavery. Often illegal aliens
who are voluntarily smuggled into the United States are thereafter forced into
virtual slavery in unregulated industries by their smugglers. US law prohibits
forced labor regardless of the victim's initial consent to work; an undocumented
person who is brought into the United States and maintained in service of another
by force or coercion is treated by law and policy as a trafficked person, not
merely an illegal alien.
(2) There is uncertainty about the
feasibility of measuring the amount of money laundering because of the difficulty
in obtaining consistent data. Money laundering is a crime in the United States,
but is still not a distinct criminal offense in many other countries, especially
when the laundering is not related to illicit drug proceeds. Even where money
laundering is a distinct crime, estimates are usually measured in connection
with one or more of a wide variety of underlying and predicate criminal offenses--which
differ markedly between countries.
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