NCJ Number
43967
Date Published
1977
Length
8 pages
Annotation
FACTORS INHIBITING LAW ENFORCEMENT EFFORTS TO COMBAT ORGANIZED CRIME ARE EXAMINED BY THE DEPUTY CHIEF OF THE ATTORNEY GENERAL'S SPECIAL GROUP ON ORGANIZED CRIME.
Abstract
THE FORMATION OF THE SPECIAL GROUP IN 1958 FOLLOWED THE ARREST OF A NUMBER OF ORGANIZED CRIME LEADERS DURING A MEETING AT APALACHIN, N.Y. THE SPECIAL GROUP ENCOUNTERED A RELUCTANCE TO COOPERATE ON THE PART OF CERTAIN LAW ENFORCEMENT AGENCIES, PARTICULARLY THE FEDERAL BUREAU OF INVESTIGATION (FBI). LOOKING FOR EVIDENCE AGAINST THE APALACHIN DELEGATES, THE SPECIAL GROUP OFTEN FOUND THAT FBI INVESTIGATORS HAD ALREADY COVERED A LEAD, ALTHOUGH NO REPORT HAD BEEN MADE AVAILABLE TO THE GROUP. THE GROUP FOUND IT DIFFICULT TO LEARN IN WHAT FIELDS THE APALACHIN LEADERS WERE ACTUALLY OPERATING, LET ALONE TO ESTABLISH THE COMMISSION OF A SPECIFIC FEDERAL OFFENSE. WHEN 8 MONTHS OF DATA GATHERING PRODUCED NO INDICTMENTS, A GRAND JURY INVESTIGATION WAS ATTEMPTED. GRADUALLY IT BECAME EVIDENT THAT THE GROUP WAS ON THE WRONG TRACK IN SEEKING INDIVIDUAL INDICTMENTS, AND THAT A CONSPIRACY CHARGE WAS MORE LIKELY TO SUCCEED. THE GROUP'S EFFORTS WOULD BE DIRECTED NOT AGAINST THE ORGANIZED CRIME LEADERS' 'BUSINESS,' BUT AGAINST THEIR ATTEMPTS TO THWART INVESTIGATIONS. A WEALTH OF CIRCUMSTANTIAL EVIDENCE CONTRADICTED THE UNANIMOUS TESTIMONY OF THE APALACHIN DELEGATES THAT THEIR MEETING WAS NOT PLANNED, THAT NO ONE KNEW WHY THE OTHERS WERE THERE, AND THAT NO CRIMINAL ACTIVITIES WERE DISCUSSED. IN CONTRAST TO THIS UNANIMITY, THERE WERE DISCREPANCIES IN THE DELEGATES' TESTIMONY WITH REGARD TO PERIPHERAL MATTERS FOR WHICH HARMONIOUS TESTIMONY COULD NOT BE PREARRANGED. THE APALACHIN DELEGATES WERE INDICTED AND CONVICTED ON CONSPIRACY CHARGES. HOWEVER, THE SPECIAL GROUP WAS DISBANDED IN JULY, 1959, AND NO OTHER NATIONAL AGENCY WAS CHARGED WITH THE RESPONSIBILITY OF COMBATING ORGANIZED CRIME AT THE NATIONAL LEVEL. ORGANIZED CRIME LEADERS AND THEIR FOLLOWERS HAVE LEARNED A NUMBER OF LESSONS ABOUT CRIMES OF VIOLENCE, PUBLIC NOTORIETY, AND VIOLATION OF FEDERAL STATUTES. OFTEN LEADERS HAVE BECOME DIVORCED FROM ACTUAL OPERATIONS, OPERATING AS CHAIRMEN OF THE BOARD, AND THUS HAVE BECOME IMMUNE TO CRIMINAL PROSECUTION. BY OPERATING IN HIGHLY LUCRATIVE AREAS WITH LIMITED POSSIBILITIES OF DETECTION, THE ORGANIZED CRIME LEADERS AROUSE NO PUBLIC IRE.