LEA 102 - Module 2: Transnational Crimes (PDF)

**MODULE 2 - LEA 102 CHAPTER 4** **TRANSNATIONAL CRIMES** Acting in agreement with the aimof committingone or more serious crimes or offensesestablished in accordance withtheConvention,and Aims to obtain, directly, or indirectly, afinancialor other material benefit fromcrimeactivities. **Trans...

**MODULE 2 - LEA 102 CHAPTER 4** **TRANSNATIONAL CRIMES** Acting in agreement with the aimof committingone or more serious crimes or offensesestablished in accordance withtheConvention,and Aims to obtain, directly, or indirectly, afinancialor other material benefit fromcrimeactivities. **Transitional crime refers** to crime that take place across national borders "Transnational" describes crimes that cross the borders between **Organized Crime Group Typologies;** countries, but crimes that by their nature involve 1\. **Standard Hierarchy** - Themost common border crossings as an essential part of the criminal form of organized criminal groupwhichisled activity. or overseen by a single leader. Thesystemsof internal discipline are strict wherestrongsocial UN defines the term as offenses whose or ethnic identities can be present. inception, proportion and/or direct or indirect effects 2\. **Regional Hierarchy** -Althougha involve more than one country (UNDOC. 2002). hierarchical criminal group, withrelativelystrictlines of command fromthe center, thereisa Transnational crimes also include crimes that degree of autonomy present inregional take place in one country but their consequences organizations under the control of thegroup. significantly affect another country. This form of crime 3\. **Clustered Hierarchy** - Anassociationof includes, but not limited to, human trafficking people organized crime groups with agoverningor smuggling, smuggling/trafficking of goods (such as oversight body. The groups inquestionmay arms trafficking and drug trafficking), sex slavery, themselves have a diversity of structures,but pedophilia, and (non-domestic) terrorism. generally they are of the 'standardhierarchy'type It is a term that has been used in comparative 4\. **Core Group** -Generally consistsofa and international criminal justice study in recent years limited number of individuals whoforma to reflect the complexity and enormity of global crime relatively tight and structured grouptoconduct issues. criminal business. Around the'coregroup'there are associate members or anetwork In this case, crime is considered transnational if which functions fromtime to timedepending (United Nations Convention against Transnational on criminal activity. Organized Crime, Article 3.2): 5\. **Criminal Network** - Definedbytheactivities of key individuals whoengageinillicit A. It is committed in more than one State: activity in often shifting alliances. Such B. it is committed in one State but a substantial individuals may not regard themselvesas part of its preparation, planning, direction or being members of n criminal groupandmay control takes place in another State; not be regarded as being a criminal groupby C. It is committed in one State but involves an outsiders. Nether-less, they coalescearound organized criminal group that engages in a series of criminal projects. criminal activities in more than one State; or D. It is committed in one State but has **Top 10 Criminal Organization** substantial effects in another State. Criminal groups exists in different countries **Transnational organized crime** Bonander (2008) published a list of thetop10criminal organization worldwide, whichare: Transnational organized crime involves the planning and execution of criminal acts by groups or ***TOP 10. THE FIVE FAMILIES*** networks of individuals operating in several countries **Home base:** United States These criminal groups use violence and corruption to **Criminal activities:** Bookmaking, loansharking, achieve their goals. Transnational organized crimes extortion, gambling, and drug trafficking commonly include money laundering, human **Boss:** Vincent Basciano, NicholasCorozzo, smuggling, cyber-crime, and trafficking of humans, Carmine Persico, Daniel Leo, andVittorio drugs, weapons, endangered species, body parts, or Amuso nuclear material. ***TOP 9. UNITED BAMBOO*** The transnational crime activities weaken **Home base:** Taiwan economies and financial systems, endanger **Criminal activities:** Debt collection, Contract democracy, and prey on governments and states. The Killing, loan sharking, gambling, andbribery illegal activities upset the peace and stability of nations **Boss** : None worldwide, with the use of bribery, violence and terror. ***TOP 8. TIJUANA CARTEL*** **Organized crime groups who operate transnational** **Home base:** Northern Mexico (TijuanaandBaja) **crime are define as is (UNTOC Convention, art. 2a):** **Criminal activities:** Drug trafficking, contract killings, bribery and racketeering A structured group of three or more persons **Boss:** Eduardo Arellano Felix existing for a period of time; ***TOP 7. DAI HUEN JAI* Home base:** China The act also involves recruitingtransporting,transferring, harboring, or receivingapersonusing **Criminal activities:** Drug trafficking, loansharking, force, coercion, or other means, for thepurposeof human-trafficking, fraud counterfeiting, prostitution, and human trafficking **Boss:** None ***TOP 6. SICILIAN MAFIA* Home base:** Sicily exploiting them (forced labor, sexual exploitation,removal of organs and body parts, usefor criminalactivities use for begging, forcedmarriage, illicitadoption, and use for armed conflictsarealsounder the umbrella of human trafficking. **Criminal activities:** Drug trafficking, political **Elements of Human Trafficking** corruption, arms trafficking, contract killing , arson, The Trafficking in PersonsProtocol of fraud, and counterfeiting **Boss:** Matteo Messina Denaro (reputed) ***TOP 5. 14K* Home base:** Hong Kong UNDOC, outlines the has threeconstituentelements of human trafficking: **a) The Act (What is done)** Refers to the recruitment, transportation,transfer, harboring or receipt of persons **Criminal activities:** Extortion, contract killing, kidnapping, gambling, prostitution, loansharking, **b) The Means (How it is done)** human trafficking, counterfeiting, and drug trafficking Refers to the threat of use of force, coercion, Boss: Unknown ***TOP 4. D-COMPANY*** abduction, fraud, deception, abuseof powerorvulnerability, or giving payments or benefitstoa person in control of the victim. **Home:** India and the United Arab Emirates **c) The Purpose (Why It is done)** **Criminal activities**: Arms dealings, drug trafficking, With the purpose of exploitation, whichinclude terrorism extortion, counterfeiting, and contract sexual exploitation, forced labor, slaveryor killings **Boss:** Dawood Ibrahim ***TOP 3. \'NDRANGHETA* Home base:** Calabria (Southern Italy) similar practices and the removal of organs. To ascertain whether aparticularcircumstance constitutes traffickinginpersons,thedefinition provided by UNDQCinTraffickingin **Criminal activities**: Drug trafficking, contract killings Persons Protocol and by the domesticlegislation and extortion can be used. **Boss:** Horizontal hierarchy- rule by assembly **Stages of Illegally Moving Migrants** ***TOP 2. YAMAGUCHI-GUMI (JAPAN\'S LARGEST*** ***AND MOST POWERFUL YAKUZA)* Home base:** Kobe, Japan **1. Recruitment** Initial victimization of the traffickedpersonis **Criminal activities:** Extortion, gambling, gunrunning, usually a member of a person's ethnicgroup. prostitution, drug trafficking, and loansharking These are many reason why recruitment occurs **Boss**: Shinobu Tsukasa (real name: Kenichi Shinoda) within one's own group. Proximate, access, and trust are important factors. Trust is essential asit ***TOP 1. SOLNTSEVSKAYA BRATVA*** serves as a basis for a person towithtraffickers **Home base:** Moscow, Russia and smugglers to move themto a particular locale, **Activities:** Extortion, drug trafficking, auto theft, to pay a certain amount of money, or tokeepthem trafficking in stolen art, money laundering, in bondage for a particular period. contract killings, arms dealing, trading nuclear material, prostitution, and oil deals **Boss:** Sergei Mikhailov **2. Transfer** Tourist and student visas maybeusedtoenable illegal entry. Illegal entrymaymeanjourneys by road, sea, and air tocrossborders **Forms of Transnational Organized Crime** without anyone's knowledge or withthehelpof corrupt officials. Once the journey iscompleted, **1. HUMAN TRAFFICKING** people who have been smuggled will generallybe Human trafficking is defined the illegal trade of abandoned and left to look after themselves. Those human beings for the purposes of commercial sexual who are being trafficked will be takentowherever exploitation or forced labor. This is considered a form they are put to work. of modern-day [slavery. It is the fastest growing] [criminal industry in the world] and ties with the illegal 3\. **Entrance** arms industry as the second largest, after drugs-trade. There are several well-establishedroutes, This criminal activity is commonly understood including the Baltic route whichisinAsia. to involve a variety of crimes and abuses associated Traffickers pass through Baltic Statesendingin wit [the recruitment, movement, and sale of people] Scandinavia. In addition, thereistheEast [including body parts into a range of exploitative] Mediterranean route which traversesfromTurkey [conditions around the world.] to Italy, sometimes stopping in Greeceor Albania. North America, Western Europe, parts of the security, right to health and right tofreechoiceof Middle East, and Australia are the common employment. destinations for human trafficking.. Whilst, Latin America, parts of West Africa, and Eastern Europe are **2. DRUG TRAFFICKING** the most common sources of people being trafficked. Several countries in the far east, including Thailand, Drug trafficking it thetransporting, China, and Cambodia, are countries identified to be transferring, harboring, or selling illegal drugsand origins and destination of human trafficking. drug paraphernalia. It is the commercial exchangebetween a local or international user sanddealers. **Human Trafficking vs. Human Smuggling** This crime even includes any equipment usedto manufacture illegal drugs Trafficking - The recruitment, transportation, transfer, harboring or receipt of person through fraud, deception Drug trafficking also includestheillegal then abuse of power. cultivation, culture, delivery, administration,dispensation, manufacture, sale, trading, This activity involves giving or receiving payments with transportation, distribution, importation, exportation, the element of control over another person with the and possession of any dangerousdrugand/or intent to **exploit.** controlled precursor and essential chemical. Exploitation include the sexual exploitation or **Terminologies Associated withDrugTrafficking** the prostitution of others, forced labor or services, slavery, or practices similar to A. **Cartel:** A collection of individuals, entities,and slavery or servitude of the removal of organs. commercial operations formedinthehopesof conducting communal businessactivity **Smuggling** - refers to the direct or indirect regarding a specific product or service. With procurement of the illegal entry of a person into a state regard to a drug trafficking cartel, members where he or she is not a resident of for, to financial or may include manufacturers, transporters, other benefit. financiers, and production facilities. In the past decade, human smuggling grew B. **Drug Mule:** An individual employedtosecurity from a low-level border crossing activity in a to secretly transport and trafficdrugsina handful of countries to a diverse multi billion clandestine manner. Drug mulesarepromised dollar business spanning the entire globe. It payment upon the completionof thedrug has historical parallels with the traffic and trafficking endeavor. exploitation of black Africans when the colonial slave trade was considered not only Reported cases of these individualsvary on a lawful but desired branch of commerce from those who were aware of their actionsto by European empires. those who were unaware of their involvement. **Various Conceptions of trafficking** C. **Controlled Substance:** Asubstanceoritem that is legal to possess, use, or administer 1\. **Slavery** - Human trafficking, a contemporary form of because of expressed permissiongrantedby slavery, is marked out by legal ownership of one the Federal Government. Theunlawful, human being by temporary ownership, dept bondage, prohibited possession, transport, or usageofa forced labor, and hyper-exploitation contractual controlled substance can betriedasan arrangement in the global economy. **Forms of Slavery:** analogous drug offense. **Modus Operandi and Routes** a\. Bonded labor system and forced labor in sweatshops, private household, and poorer Drug trafficking has beenthemost regions such as South Asia but also in Western profitable illegal activity in the world. Accordingto Europe and the United States. Financial Action Task s Force(FATF) 1999 b\. Exploitation of children as laborers as cottage between \$40-100 USD billion per annulannumis industries or quarries on the India subcontinent, as earned from the illegal drug trade intheUSAalone camel jock up in Gulf States, or as soldier in Africa. (FATF. 199). The illegal drug tradeHavespread c\. Servile marriage in South Asia and Muslim globally where the drug traffickers resort totheuse Countries. of sort of modus operandi to evade detectionbytheauthorities. 2\. **Prostitution** - trafficking women for commercial th exploitation can be traced back towards the end of 19 Though the modus operandi usedbydrug century. Prostitution start during the " white slave" traffickers differs fromcountry tocountry. trade of women and young girls into prostitution. Internationally employed detectedmodesof concealment are as follows: 3\. **Human Rights** - Trafficking has been seen as a violation of basic human rights of a person under the \(i) Ingestion, leg casts, and body wrap; 1948 Universal Declaration of Human Rights. This \(ii) Use of false bottoms of luggage, concealmentin includes the right to be free from slavery or servitude, imported packages such as electronic equipment, right to freedom of movement, right to life, liberty and foods, false cavities of furniture, etc. \(iii) Concealment in special compartments in vehicle 5\. **Morphine** is a strong opiatethat isfound and ships, containers, and air freights; and naturally in opium, a dark brownresin \(iv) Delivery by courier services. **WHAT IS DRUG?** produced by drying the latex of opiumpoppies(Papaver somniferum). It is mainlyusedasapain medication, and is also commonlyusedrecreationally, or to make other illicit opioids.There are numerous methodsusedto A chemical substance used as a medicine or in administer morphine: oral; sublingual; via making medicines, which affects the body and inhalation; injection into a muscle, injection minds and have the potential for abuse under the skin, or injection intothespinal cord Any substance which when taken by the individual area; trans dermal; or via rectal suppository will cure illness or relieves him of the sign and 6\. **Heroin-** Although heroin useisnot as symptoms of the disease. **DOSAGE OF DRUGS** widespread in the Philippines assomeotherdrugs, it has still been a concern. Heroinisanopioid that can lead to intenseeuphoria, painrelief, and a high risk of addiction. 1\. **MINIMAL DOSE -** The amount needed to treat or **3. CYBERCRIMES** heal 2\. **MAXIMAL DOSE -** Largest amount of drug that Cyber-crime are forms of illegal activities will produce a desired therapeutic effects which makes use of the internet, or publicnetwork, 3\. **TOXIC DOSE -** Amount of drugs that produce or an in-house computer systemWhilemanyforms untoward effects or symptoms of poisoning of Cyber-crime revolve around the appropriationof 4\. **ABUSIVE DOSE -** The amount needed to produce proprietary information for unauthorizeduse, other the side effects and action desired by the examples are focused on invasion of privacy. Asa individual who improperly uses it growing problem around the world, manycountries 5\. **LETHAL DOSE -** The amount of drugs that will are beginning to implement lawsandother cause death regulatory mechanisms to minimizetheincidenceof cyber-crime. **DIFFERENT DANGEROUS DRUGS IN THE** Synonymoulsy, cyber-crimeor computer **PHILIPPINES ( R.A 9165 )** crimes are characterized by hackingorunauthorized access to computer systemsor 1\. **Methamphetamine HYDROCLORIDE -** locally network to destroy the systemor data, modifydata known as **\"shabu,\" "ice" or "meth"** is a potent and programs, and steal informationthat cancause stimulant that is often associated with high disruption to the network for personal gainor addiction potential. It can lead to increased energy, political reasons. Cyber-crime is alsodefinedas: euphoria, and intense paranoia. Shabu has been a primary focus of anti-drug efforts in the The term used to denote the useof computer Philippines due to its prevalence and widespread technology to engage in unlawful activity. use. All the activities done in cyberspacewithcriminal intent. 2\. **Marijuana or Cannabis or Indian Hemp -** Cyber-crime is unbounded crime. Thevictim Despite being considered a less dangerous drug and the perpetrator can be in different cities,in compared to others, marijuana remains illegal in different slates or in different countrieswhile the Philippines. It\'s classified as a dangerous drug committing the crime, using onlyacomputer under Philippine law, and its use or possession with an internet connection. can lead to legal consequences. Cannabis is a plant that contains psychoactive compounds, **Four Categories of Computer Crimes** which can produce a range of effects including relaxation, altered perception, and increased appetite. 3\. **Ecstasy(MDMA-** 1\. **The Computer as a Target**: **Methylenedioxymethamphetamine ) -** Also ∙ **Explanation**: The computer itself isthe known as \"ecstasy\" or \"party drugs,\" MDMA is a main focus of the attack. Thegoal isto synthetic drug that produces feelings of euphoria, disrupt or disable the computer or increased empathy, and heightened sensations. It network, denying access tolegitimate has been associated with the nightclub and rave scene. users. ∙ **Example**: **Denial-of-Service(DoS)** 4\. **Opium (or poppy tears, scientific name:** **Attack** -- This type of attackfloodsa **Lachryma papaveris) i**s dried latex obtained from computer or network withexcessive the seed capsules of the opium poppy (Papaver somniferum). Approximately 12 percent of opium requests, causing it to become is made up of the analgesic alkaloid morphine, overwhelmed and inoperable. which is processed chemically to produce heroin and other synthetic opioids for medicinal use and for the illegal drug trade 2\. **The Computer as an Instrument oftheCrime**: horses, spyware, adware, and other malicious ∙ **Explanation**: The computer is used as a programs. tool to commit a crime. It helps achieve criminal objectives, such as stealing or fraud. **Crimes that Use Computer NetworksorDevicesto Advance other Ends:** ∙ **Example**: **Identity Theft** -- A thief uses a computer to hack into someone's personal A. Cyber-stalking information, like social security numbers or bank details, to commit fraud. Is the use of the internet or other electronicmeans to stalk or harass an individual, agroupofindividuals, or an organization. Cyberstalking ·3. **The Computer as Incidental to a Crime**: includes the making of false accusationor statements of fact (defamation), monitoring, making threats, identity theft, damage to dataor equipment, ∙ **Explanation**: The computer is not the main the solicitation of minors for sex, or gathering focus of the crime but plays a supporting role in facilitating it. information that may be used toharassasindividual, a group of individuals, or anorganization. ∙ **Example**: **Money Laundering** -- Criminals use computers to move and hide illicit **Types of Cyber Stalking** money, making it look like it comes from legitimate sources. **Email stalking** - Email stalkingiscommittedwhen a person harasses another individual,a ·4. **Crimes Associated with the Prevalence of** **Computers**: group of individuals, or an organizationwiththeuse of emails. Harassment may beintheformof threats, stalking or bothering. ∙ ·**Explanation**: These crimes arise due to **Chat stalking** - Is the act of usingachat room the widespread use of computers and to monitor or get informationabout an involve illegal activities related to digital information and technology. individual, a group of individualsoranorganization and using the informationwithout ∙ **Example**: **Software Piracy** -- Unauthorized their consent. Cyber stalkers canusethechat copying and distribution of software room to slander and endanger their victims. programs, infringing on intellectual property rights. **Computer stalking** - In computer stalking,thecyber stalker exploits the internet andthewindows operating systemto assumecontrolover the computer of the targetedvictim. **Crimes that Primarily Target Computer Networks** **or Devices** **B. Fraud and Identity Theft** **A. Computer Virus** Is a form of stealing using another person\'s \- is a computer program that can replicate itself identity to access resources or obtaincredit and and spread from one computer to another. The term benefits using a false identity. The victimof identity "virus" is also commonly, nut erroneously, used to theft (meaning the person whose identityhasbeen refer to other types of malwares, including but not assumed by the identity thief) cansuffer adverse limited to adware and spyware programs that do not have a reproductive ability. consequences if they are held accountablefortheperpetrator\'s actions. **B. Denial-of-Service Attacks (DOS Attack) or** Identity theft occurs when someoneuses **Disturbed Denial-of-Service Attack (DDOS** **Attack)** another person's identifying information, suchasname, social security number, or credit card **-** Is an attempt to make a machine or network number, without his or her permission, tocommit resource unavailable to its intended users. Although fraud or other crimes. Other forms of fraudmaybe the means to carry out, motives for, and targets of a facilitated using computer systems, includingbank DOS attack may vary it generally consist of the efforts fraud, identity theft, extortion, and theft of classified of one or more people to temporarily or indefinitely information. interrupt or suspend services of a host connected to the internet. **C. Information Warfare** **C. Malware (Malicious Code) Short for Malicious** **(or Malevolent) Software** Information warfare involves theuseandmanagement of information technologyinpursuitofa competitive advantage over an opponent. It may \- Is software used or created to disrupt involve collection of tactical information, computer operation, gather sensitive information, or assurance(s) of information validity, propagationof gain access to private computer systems. It can propaganda or disinformation todemoralizeor appear in the form of code, scripts, active content, manipulate the enemy and the public, undermining and other software. Malware is a general term used to the quality of opposing force\'s informationand refer to a variety of forms of hostile or intrusive denial of information-collection opportunitiesto software. It includes computer viruses worms, trojan opposing forces. **D. Phishing Scams** from commercial sources or familyalbums.Inaddition, the pictures of childrenplayinginnormal settings, in which thecontentor Phishing scams is the act of acquiring the organization of pictures by thecollector usernames, passwords, and credit card details (and indicates inappropriateness canalsobe sometimes, indirectly, money) by masquerading as a considered child pornography. trustworthy entity in an electronic communication. Phishing is carried out by e-mail spoofing or instant **Nudist** - This kind of child pornographyuses messaging, and it often directs users to enter details at naked or semi-naked pictures of childrenin a fake website whose look and feel are almost appropriate nudist setting andfromlegitimate identical to the legitimate one. **E. Cyber Terrorism** sources. **Erotica** - Surreptitiously takenphotographofchildren in play areas or other safeenvironments showing either underwearor Cyber Terrorism is an act of terrorism using varying degrees of nakedness. cyberspace or computer resources (Parker. 1983.) As such, a simple online propaganda of bomb attacks **Posing** - Deliberately pose picturesof children during the holidays is a form of cyber-terrorism. There fully clothed, partially clothed, or naked(where are also hacking activities directed towards individuals, the amount context and inorganization families, or groups intending to cause fear, suggest sexual interest). demonstrate power, ruin peoples' lives, to commit robberies, blackmailing, etc. **F. Cyber- Extortion** **Erotic Posing** - Deliberately posepicturesoffully clothed or partially nakedchildreninsexualized or provocative poses. Is a form of cyber-terrorism where hackers **Explicit Erotic Posing** - Emphasizinggenital access and attack the websites or computer systems areas where the child is either naked, partially, of an individual or an organization. These hackers or fully clothed. demand money in exchange for the stoppage of the attacks. According to the Federal Bureau of **Explicit Sexual Activity** - Involvestouching, Investigation (2019), cyber-extortionists increasingly mutual and self-masturbation, oral sexand attack corporate websites and networks, crippling their intercourse by child not involvingadult. ability to operate and demanding payments to restore their service. More than 20 cases are reported each **Assault** - Pictures of children beingsubjectto month to the FBI, and many go unreported to keep the a sexual assault, involving touchingwithan victim's name out of the public domain. Perpetrators adult. typically use a distributed denial-of-service attack. **Gross Assault** - Grossly obscenepicturesof **G. Cyber-Bullying** sexual assault involving penetrativesex,masturbation, or oral sex involvinganadult. Is the use of the internet and related technologies to harm other people, in a deliberate, **Sadistic** - Pictures showing a childbeingtied, repeated and hostile manner. Cyber-bullying has bound, beaten, whipped or otherwisesubject become more common, particularly among people, to assault. hence legislation and awareness campaigns have arisen to combat it. **H. Child Pornography** **I. Computer Hacking** Is the act of intentionally accessinganotherperson or an organization\'s computer withoutauthorization or exceeds authorizedaccess. Child pornography refers to images or films (also known as child abuse images) and writing depicting sexually explicit activities involving a child. Abuse of **4. MONEY LAUNDERING** the child occurs during the sexual acts which are Money laundering is the **process**whereby recorded in the production of child pornography. proceeds, reasonably believed tohavebeen Generally, it includes sexual images involving pre- derived from criminal activity, aretransported, pubescent and pubescent or post-pubescent minors transferred, transformed, converted, or and computer-generated images that appear to involve intermingled with legitimate funds, for thepurpose them. Most possessors of child pornography who are of concealing or disguising thetruesource, arrested are found to posses these king of images are disposition, movement, or ownershipof those less likely to be prosecuted, even though those images proceeds. also fall within the statutes. According to the US TreasuryDepartment **Different Kinds of Child Pornography** (n.d.), money laundering is the **process**bywhich **Indicative** - Indicative child pornography is the criminals or criminal organizationsseek**to** use of non-erotic and non-sexualize pictures **disguise** the illicit nature of their proceedingsby showing children in their underwear, swimming introducing them into the streamof legitimate costumes, etc. These pictures have been obtained commerce and finance. or by using counterbalancing loanschemes. The In this **process, large amount of money** sheer volume of wire transfer adds totheproblem obtained from serious crimes, such as drug trafficking, of tracking the origin. are made to appear that it originated from a **legitimate** **source**. **C. Integration** Integration is the process of reintroducing The term "money laundering" perfectly the layered funds into the mainstreameconomy, describes what is done to the illegal money, where it is where it can be invested and spent freely. "washed" through a cycle of transactions to "clean" it in order to make the fund legal. In other words, the Once funds are sufficiently layered, itis source of illegally obtained funds is obscured through then integrated into the mainstreamfinancial world a succession of transfers and deals so same funds through as letters of credit, bonds securities, bank can be made to appear as legitimate income. \" notes, bills of lading, and guarantees. Someofthe largest seizures of laundered fundsoccur where In the US law, it is the practice of engaging in integration fails, and the entire account or accounts financial transactions to conceal the identity, source, or are seized. destination of illegally gained money. **5. ILLICIT TRADING OF FIREARMS(ARMS** In the UK law, the common law definition ts **SMUGGLING)** extensive in the said law, the act is defined as taking any action with property of any form which is either Arms smuggling or illicit tradingof firearms wholly or in part the proceeds of a crime that will refers to the act of, through theuseof any disguise the fact that that property is the proceeds of a fraudulent machinations, import or export fromthe crime or obscure the beneficial ownership of said Philippines any firearmor parts thereof. It also property. includes the importing or exportingof explosiveorammunition or machine, implements, and The goal of money laundering is to make funds equipment or tools for the manufacture derived from, or associated with, illicit activity of firearms. appears legitimate. Likewise, it refers to the act of anyperson Money laundering is a truly global phenomenon, who, contrary to law, shall receive, conceal, buy, helped by the international financial sell or in any manner facilitate thetransportation, community which is a 24 hour a day business. concealment, or sale of said firearmsorparts When one financial center close business for thereof, explosive or ammunitionor machine, the day, another one is opening or is open for implements, equipment or toolsforthe business. manufacture of firearms, ammunitionor explosivesafter importation, knowing the sametohavebeenimported contrary to law. **Three (3) Basic Steps to Change Illicit Funds to** **Legitimate Funds A. Placement** Illicit arms fuel the violence that underminessecurity development and justice worldwide. TheUS has large numbers of weapons or relateditems Placement involves changing the bulk cash being smuggled to China, Russa, Mexico, the derived from criminal activities into a more portable Philippines, Somalia, Turkmenistan, andYemen. and less suspicious form, then getting those proceeds into the mainstream financial system. Among the three **Modes of Operation** steps, this is the most difficult and vulnerable, because 1\. Firearms arrive in the Philippinesas most illegal activity generates profits in the form of undeclared items and includedwithother cash. Cash is bulky when in large amounts, hence it is goods, consigned to fictitiousnamesand difficult to conceal. This means that, in this step, it is addresses. required to find a solution\'s on how to move bulks of 2\. Firearms could also be dismantledinto cash into manageable forms to be introduced into the pieces and included amongmetal itemsor legal financial stream **B. Layering** machinery parts legally importedorexported. 3\. Firearms are sometimes thrownfrom Layering involves the movement of illegal funds, vessels at prearrangedareassome often mixed with funds of legitimate origins, through distance from the shore wheretheyare the world's financial systems in numerous accounts later picked up by small boatsandbrought through a financial or banking system to hide the funds to undisclosed places. origin. This ensures that the funds are sent back into the mainstream economy, where they can be invested **6. ENVIRONMENTAL CRIMES** and spent freely. Environmental crime is thedeliberate The most common method of layering is evasion of environmental laws andregulationsby through wire transfer in offshore-banking havens such individuals and companies in thepursuitof as the Cayman Islands, Panama, The Bahamas, the "personal interest and benefit." Netherlands Antilles, and, increasingly, Pakistan, and Chile. Funds can be routed through shell corporations, These \"international environmental crime" something authentic with the intent tosteal, destroy, activities involve movements across national or replace the original, for use in illegal transactions, boundaries, or has global impacts can be termed. or to deceive individuals into believingthat thefake Environmental crime is not restricted by is of equal or borders and can affect a nation's economy, security. greater value than the real thing. Inthissense, and existence. A significant proportion of both wildlife counterfeit products are fakes or unauthorized and pollution crime is carried out by criminal networks, replicas. Counterfeit products are oftenproduced drawn by the low risk and high profit nature of these with the intent to take advantageof thesuperior types of crimes. Environmental crimes can be defined value of the imitated product. The wordcounterfeit as illegal acts which directly harm the environment. refers to both the forgeries of currencyand They include illegal trade in wildlife, smuggling of documents, as well as the imitations of itemssuch ozone depleting substances (ODS), illicit trade in as clothing, handbags, shoes, pharmaceuticals, hazardous waste, illegal, unregulated, and unreported aviation and automobile parts, watches, electronics fishing, and illegal logging and the associated trade in (both parts and finished products), software, works stolen timber. of art, toys, and movies. **A. Trafficking in Natural Resources** **9. TRAFFICKING OF CULTURALPROPERTY** Trafficking of natural resources includes the Cultural properties refer tothecommon smuggling of raw materials such as diamonds and rare heritage of humankind. It is so uniqueandan metals. This criminal activity contributes to important testimony of the evolutionandidentityof deforestation, climate change, and rural poverty. human beings. The importance of protectingithas been stressed in several international instruments. **B. Illegal Trade of Wildlife** Organized criminal groups areincreasingly Illegal trade of wildlife is another lucrative involved in the trafficking of cultural property, both business for organized criminal groups, with poachers through legitimate and illegitimate markets, such targeting skins and body parts for export to foreign as auctions and through the internet. Trafficking markets. Trafficking in elephant ivory, rhino horn, and cultural property is also becominganimportant tiger parts are rampant in parts of Africa and South- instrument in money laundering. Inaddition, ithas East Asia. **7. MARITIME PIRACY** been recently identified as a possiblesourceoffinancing for terrorist groups. Trafficking in cultural propertyinvolves Maritime piracy can be in the form of traditional several acts that may ultimately result intheloss, robbery on the high seas which has transformed into a destruction, removal, or theft of irreplaceableitems. form of kidnapping for ransom. For example, Somali While criminals make significant profitsfromillicit pirates, sometimes directed by shipping industry trafficking, humankind is deniedaccessto insiders, seek a growing number of targets further and archaeological information and toartifactsofits further from their national waters. Further, sea piracy is shared heritage. For instances, mayrelicsand described as: monuments from past generations remainburiedunderground. Where ancient artifactsarestolen a\) An act of any person who, on the high seas, and the site which they were hiddenaredestroyed shall attack or seize a vessel or not being a through looting, archaeologists areunableto member of its complement, nor a passenger gather knowledge about the past. Asubstantial shall seize the whole or part of the cargo of amount of looting happens aroundtheworld, and said vessel, its equipment or personal yet so far, the efforts to combat traffickingin belonging of its complement or passengers; cultural properly have not been inproportionedto the gravity and extent of this criminal manifestation. b\) Any attack upon or seizure of any vessel, or the taking away of the whole vessel or part **10. TERRORISM** thereof, including its cargo, equipment, or the personal belongings of its complement or Terrorism is the use of violenceandthreats passengers, by means of violence or to intimidate or coerce, for political purposeswhere intimidation. fear and submission are the endresults.In c\) Any person who knowingly and in any manner terrorism, there is unlawful use of forceor violence aids or protects pirates, such as giving them against persons or property to intimidateor coerce information about the movements of the a government, civilian population, or anysegment police or other peace officer of the thereof, in furtherance of political or social government, or acquires of receives property objectives (FBI, 1997). taken such pirates, or any person who abets the commission of the piracy. The commission of crimes(rebellion,murder, kidnapping, hijacking, etc.) that sowor **8. COUNTERFEITING OF GOODS** create a condition of widespread andextraordinary fear and panic among the populacetocoercethe Product counterfeiting is a form of consumer government to give in to an unlawful demandis fraud where a product is sold, purporting to be also a form of terrorism(R.A. 9372 or theH.S.A.). something that it is not. To counterfeit means to imitate At present, the international community has establishing socialist or communist states. Ittends been unable to formulate a universally agreed, legally to use violence to disrupt democraticprocesses binding criminal law definition of terrorism. However, but avoids harming civilians directly. common definitions of terrorism refer only to those violent acts which are intended to create fear (terror), **Example**: **Red Brigades** -- An Italiangroupthat are perpetrated for a religious, political, or ideological sought to create a Marxist state throughviolence goal, and deliberately target or disregard the safety of non-combatants (civilians). and subversion. 5\. **Religious Terrorism-** Terrorismmotivatedbyreligious beliefs or the desire to imposereligious **Four (4) Key Elements of Terrorism** laws. The violence is used to achievereligious To identify if an action is a form of terrorism, the following elements should be present: It is premeditated. It is political. It is aimed at civilians. objectives. **Example**: **Al-Qaeda** -- Uses radical interpretationsof Islam to justify attacks and pursueits goals. It is carried out by sub- national groups. 6\. **Quasi-Terrorism-** Activities that aresimilarto **Two (2) General Types of Terrorism:** terrorist methods but do not meet thefull criteriaof terrorism. They involve violenceor threatsbutlack the broader political or ideological aims. **1. Domestic Terrorism** Domestic terrorism involves persons or groups committing a terrorist act/s in their own country. **Example**: **Gang Violence** -- Violencecommittedby gangs that may involve intimidationandfearbut **2. International Terrorism** lacks the political goals typical of terrorism. International terrorism involves citizens or the territory of more than one country. **Kinds of Terrorism** 7\. **Narco-Terrorism-** Violence usedbydrugtraffickers to influence governments or obstructanti-drug efforts. It combines drug traffickingwithterrorism tactics. 1\. **Official/State Terrorism -** This occurs when a **Example**: **Drug Cartels** -- Cartels that useviolent government uses fear and oppression to maintain tactics to resist government crackdownsondrug control, similar to terrorism. The state itself becomes the perpetrator of terror. trade. 8\. **Cyber-Terrorism-** Using technologytoattack **Example**: **North Korea** -- The regime has used fear computer systems or networks, targetingcivilians, and repression to control its population, including severe punishment for dissent. or causing disruptions to further a cause. **Example**: **Stuxnet Worm**-- A cyber attackdesigned 2\. **State-Sponsored Terrorism -** When a government to sabotage Iran's nuclear program. supports terrorist groups to advance its own interests or to destabilize other nations. 9\. **Bio-Terrorism -** The intentional releaseofbiological agents (like bacteria or viruses) toharm **Example**: **Abu Nidal Organization** -- This group people and create fear or chaos for politicalor received support from countries like Libya and Iraq, ideological reasons. which helped fund and facilitate its terrorist activities. **Example**: **Anthrax Attacks** -- Letters containinganthrax spores sent to media offices andpoliticians 3\. **Right-Wing Terrorism -** Performed by groups that in the U.S. in 2001. often have extreme nationalist, racist, or anti immigrant beliefs. They target specific groups based on these ideologies. 10\. **Nuclear Terrorism-**Involves theuseorthreatof nuclear materials or weapons tocausedestruction or terror. It includes thepotential **Example**: **Far-Right Militias** -- Groups that attack theft or use of nuclear materials. immigrants or refugees, driven by xenophobic or nationalist sentiments. **Example**: **Dirty Bomb** -- A type of radiologicalweapon that combines conventional explosives 4\. **Left-Wing Terrorism -**This type of terrorism is with radioactive material. aimed at overthrowing capitalist democracies and 11\. **Eco-Terrorism -** Violence or sabotage carried out in the name of environmental protection or conservation, aimed at promoting eco-friendly causes. **Example**: **Earth Liberation Front (ELF)** -- Engages in acts of property destruction to protest against environmental damage caused by industries. **Organized Structure of Terrorism** **1. Intelligence Cell** \- Performs certain assessment of proposed targets, including videotaping, surveillance of security techniques, conducting reconnaissance, and testing the target to determine how security personnel and methodologies will perform. **2. Financial Cell** -Financial cell is in-charge of providing the money needed to perform the operation. This includes fundraising, money laundering, narcotics, and fraudulent schemes designed to collect money. **3. Logistic Cell** -This level of the structure is devoted to establishing safe Houses, renting cars, providing documents transferring cash/assets and other necessary logistics. **4. Operational Cell** \- Operational cell is in charge of conducting the attack and specific preparatory measures prior to such. These recruiting members of the attack cell, established the timing and date of the operation, signal the execution through established channels or networks, and then execute the act. **Known Terrorists Personalities** In the past decade, the world has seen personalities of individuals who because famous because of their terrorist group which caused great harm to numerous individuals across the world. Some of these individuals are: **1. Osama Bin Laden** -Bin Laden forged the Islamic Front for Jihad against the Jews and Crusaders, a coalition of terrorist groups intending to wage war against the Americans and battle their Middle Eastern military presence. **2. Sadam Hussien** \- He is the brutal and opportunist dictator of Iraq, he wreaked havoc on his country, the Middle East, and some parts of the world.