NCJ Number
68913
Date Published
1980
Length
30 pages
Annotation
THE TESTIMONY OF PHILIP HEYMANN, ASSISTANT ATTORNEY GENERAL OF THE JUSTICE DEPARTMENT'S CRIMINAL DIVISION, OUTLINES THE METHODS, REVENUE SOURCES, AND EFFECTS OF ORGANIZED CRIME TO A SENATE SUBCOMMITTEE.
Abstract
THE ORGANIZED CRIME PROGRAM IS THE SINGLE LARGEST ACTIVITY OF THE CRIMINAL DIVISION: 140 LAWYERS ARE ASSIGNED TO 26 STRIKE FORCES, WITH FEDERAL AND LOCAL AGENCIES CONTRIBUTING TO THE EFFORTS. PERCEPTIONS ABOUT ORGANIZED CRIME DETERMINE THE FOCUS OF STRIKE FORCES. ORGANIZED CRIME DERIVES ITS STRENGTH FROM ITS ABILITY TO ENDURE DESPITE LAW ENFORCEMENT ASSAULTS. ITS VITALITY IS DUE TO ORGANIZATIONAL COHESION (I.E., ETHNIC AND FAMILY TIES), INTIMIDATION OF INFORMANTS, INSULATION OF LEADERS, AND SUFFICIENT WEALTH TO AFFORD BRIBES AND EXPENSIVE ATTORNEYS. TO COUNTERACT THIS STRENGTH, STRIKE FORCES HAVE EMPLOYED TOOLS SUCH AS ELECTRONIC SURVEILLANCE, PENETRATION OF UNDERWORLD GROUPS, THE IMMUNITY STATUTE, AND WITNESS SECURITY PROGRAMS. THE CENTRALIZED ORGANIZATIONAL STRUCTURE OF ORGANIZED CRIME GROUPS MUST BE UNDERMINED BY CONVICTING GROUP LEADERS, BY CUTTING OFF MONEY FLOW FROM LAUNDERING OPERATIONS, AND BY ENFORCING THE RACKETEERING-INFLUENCED AND CORRUPT ORGANIZATION STATUTE. FORFEITURE PROVISIONS DEPRIVE ORGANIZED CRIMINALS OF THEIR PROFITS, AND SPECIAL GRAND JURIES PROVIDE THE CONTINUITY NEEDED FOR COMPLEX CASES. REVENUES OF ORGANIZED CRIME DERIVE FROM TRADITIONAL RACKETS, NARCOTICS TRAFFICKING, AND LABOR-MANAGEMENT RACKETEERING. BUT ORGANIZED CRIME HAS ALSO INFILTRATED LEGITIMATE BUSINESS, EITHER TO LAUNDER MONEY, TO SKIM PROFITS, OR TO MONOPOLIZE A BUSINESS SECTOR. GENERALLY, PRIORITIES IN PROSECUTING CASES AND ALLOCATING FUNDS ARE DETERMINED BY THE AGENCY'S PERCEPTION OF WHICH EFFORTS OF ORGANIZED CRIME ARE MOST DELETERIOUS. ECONOMIC DAMAGE MAY TAKE THE FORM OF LOST TAX REVENUES, LOST BENEFITS OR WAGES TO WORKERS, AND INCREASED CONSUMER PRICES. MOST SERIOUS IS THE MOB-INDUCED FEAR AND INSECURITY WHICH DESTROYS INSTITUTIONS' SENSE OF LEGITIMACY AND INDIVIDUALS' FAITH IN GOVERNMENT. LABOR-MANAGEMENT RACKETEERING, INFILTRATION OF LEGITIMATE BUSINESS, PUBLIC OFFICIAL CORRUPTION, AND NARCOTICS TRAFFICKING ARE THE AREAS DEEMED MOST HARMFUL AND ARE THEREFORE HIGH PRIORITY. RECOMMENDED LEGISLATION TO ENHANCE THE ENFORCEMENT PROGRAMS RELATES TO BETTER WITNESS PROTECTION STATUTES, GREATER INCENTIVES TO OFFER POTENTIAL WITNESSES IN EXCHANGE FOR TESTIMONY, INVOLVEMENT OF FEDERAL AGENCIES IN INVESTIGATION OF CONTRACT KILLINGS, LONGER SENTENCES FOR VIOLENT CRIMES, INCLUSION OF ALL FEDERAL OFFICIALS AND THEIR FAMILIES IN THE FEDERAL ASSAULT STATUTE, AMENDMENT OF THE RIGHT TO PRIVACY ACT TO PERMIT COLLECTION OF INFORMATION PERTINENT TO INVESTIGATIONS, AND INCREASED RESEARCH ON BUSINESS PROTECTION POSSIBILITIES AND ANALYTICAL TECHNIQUE DEVELOPMENT. --IN ENGLISH.