Deception, misunderstanding, and incapacity. Why organized crime cooperation fails and offenders get arrested

• In Event: Criminal Incompetence: Why Criminal Organizations and Markets Work so Poorly

Abstract

This paper involves an empirical exploration of the environment as a risk factor and why main suspects in organized crime are vulnerable to the risk of arrest. First, we look at the problems that the illicit environment creates for offenders involved in organized crime activities and how they deal with these problems. It discusses the virtually ‘unavoidable’ risks and uncertainties as well as problems which are more intentionally caused by other offenders. Everyday risks and uncertainties pose a problem for criminal collaboration, as it is difficult for offenders to distinguish between deception, misunderstanding, and incapacity. Furthermore, mutual distrust is more difficult to curb than is the case with legal activities. When there is disagreement , not only is it difficult to determine the cause but it is also impossible to resort to arbitration or justice. As a result, latent distrust can easily be given free rein, especially in cases where large monetary interests are at stake.

Second, we examine at what points the prime suspects of the analyzed cases proved vulnerable to detection: through unnecessary, necessary, and/or enforced involvement. Next to unnecessary involvement (which can be avoided), we find necessary involvement in monetary acts. Main suspects appear to be more than incidentally involved in handling financial payments. They also seem to remain less in the background when exchanging, transporting, and laundering money. Furthermore, communication with business partners is a point where they necessarily come into view. While some precautions can be taken, there are limits to the possibilities of shielding such communications from detection. Finally, enforced involvement puts offenders at the risk of arrest, when problems arise. At that very moment, there is little left for the prime suspects to delegate, they are forced to take action themselves, and their indispensability turns from a strength into a major weakness.

Author

• Edward Kleemans, Vrije Universiteit Amsterdam