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JOHNNY REY DAGASUHAN CAILING

WHAT IS ORGANIZED CRIME?


 Organized crime or criminal organizations is a
transnational grouping of highly centralized
enterprises run by criminals for the purpose of
engaging in illegal activity, most commonly for
monetary profit.
 Define also is any crime committed by a person
occupying, in an established division labor, a position
designed for the commission of crimes providing that
such division of labor includes at least one position for
a corrupter, one position for a corruptee, and one
position for an enforcer.
WHAT IS WHITE COLLAR CRIME?
 White-collar crime has been defined by Edwin
Sutherland as "a crime committed by a person of
respectability and high social status in the course of
his occupation" (1939).
Forms of White Collar Crimes
 Corporate crimes - the violation of a criminal statute
either by a corporate entity or by its executives, employees
or agents, acting on behalf of and for the benefit of the
corporation, partnership or other business entity.
 Environmental crimes - violation of criminal law which,
although typically committed by businesses or by business
officials, may also be committed by other persons or
organizational entities, and which damage some protected
or otherwise significant aspect of the natural environment.
 Occupational crimes - any act punishable by law, which is
committed through opportunity created in the course of an
occupation that is legal.
Forms of White Collar Crimes
 Organizational Occupational Crime - crimes committed for the
benefit of the entire organization in such instances only the
organization or the employer, not individual employees.
 State Authority Occupational Crime - crimes by officials through
the exercise of their state-based authority. Such crime is
occupation specific, and can only be committed by person in
public office or by working for such persons.
 Professional Occupational Crime - crimes by professionals in
their capacity as professionals. The crimes of physicians,
attorneys, psychologists, and the like are included here.
 Individual Occupational Crime - crimes by individuals as
individuals which include income tax evasion, theft of goods and
services by employees, the filing of false expense report, and the
like.
OCCUPATIONAL CRIMES
 White-collar crime (Sutherland)
 Avocational crime - committed by one who does not think for himself
as criminal and whose major source of income is something other than
crime.
 Corporate crime - committed by corporate officials for their
corporations and the offenses of the corporation and the offenses of the
corporation itself.
 Economic crime - illegal activity that principally involves deceit,
misrepresentation, concealment, manipulation, breach of trust and
illegal circumvention.
 Organizational crime - illegal actions taken in accordance with
operative organizational goals that seriously harm employees or the
general public.
 Upper-world crime - law-breaking acts, committed by those who, due
to their positions in the structure, have obtained specialized kinds of
occupational slots essential for the commission of these offenses.
Types and Schemes of White
Collar Crimes
 Bank Fraud: To engage in an act or pattern of activity
where the purpose is to defraud a bank of funds.
 Blackmail: A demand for money or other
consideration under threat to do bodily harm, to injure
property, to accuse of a crime, or to expose secrets.
 Bribery: When money, goods, services, information or
anything else of value is offered with intent to
influence the actions, opinions, or decisions of the
taker. You may be charged with bribery whether you
offer the bribe or accept it.
Types and Schemes of White
Collar Crimes
 Cellular Phone Fraud: The unauthorized use, tampering, or
manipulation of a cellular phone or service. This can be
accomplished by either use of a stolen phone, or where an actor
signs up for service under false identification or where the actor
clones a valid electronic serial number (ESN) by using an ESN
reader and reprograms another cellular phone with a valid ESN
number.
 Computer fraud: Where computer hackers steal information
sources contained on computers such as: bank information,
credit cards, and proprietary information.
 Counterfeiting: Occurs when someone copies or imitates an
item without having been authorized to do so and passes the
copy off for the genuine or original item. Counterfeiting is most
often associated with money however can also be associated with
designer clothing, handbags and watches.
Types and Schemes of White
Collar Crimes
 Credit Card Fraud: The unauthorized use of a credit card to obtain
goods of value. (RA 8484)
 Currency Schemes: The practice of speculating on the future value of
currencies.
 Embezz1ement: When a person who has been entrusted with money
or property appropriates it for his or her own use and benefit.
 Environmental Schemes: The over billing and fraudulent practices
exercised by corporations which purport to clean up the environment.
 Extortion: Occurs when one person illegally obtains property from
another by actual or threatened force, fear, or violence, or under cover
of official right.
 Forgery: When a person passes a false or worthless instrument such as
a check or counterfeit security with the intent to defraud or injure the
recipient.
Types and Schemes of White
Collar Crimes
 Health Care Fraud: Where an unlicensed health care provider provides services under
the guise of being licensed and obtains monetary benefit for the service.

 Insider Trading: When a person uses inside, confidential, or advance information to


trade in shares of publicly held corporations.

 Insurance Fraud: To engage in an act or pattern of activity wherein one obtains proceeds
from an insurance company through deception.

 Investment Schemes: Where an unsuspecting victim is contacted by the actor who


promises to provide a large return on a small investment.

 Kickback: Occurs when a person who sells an item pays back a portion of the purchase
price to the buyer.

 Larceny/Theft: When a person wrongfully takes another person's money or property


with the intent to appropriate, convert or steal it.
Types and Schemes of White
Collar Crimes
 Money Laundering: The investment or transfer of money from
racketeering, drug transactions or other embezzlement schemes
so that it appears that its original source either cannot be traced
or is legitimate.
 Racketeering: The operation of an illegal business for personal
profit.
 Securities Fraud: The act of artificially inflating the price of
stocks by brokers so that buyers can purchase a stock on the rise.
 Tax Evasion: When a person commits fraud in filing or paying
taxes.
 Telemarketing Fraud: Actors operate out of boiler rooms and
place telephone calls to residences and corporations where the
actor requests a donation to an alleged charitable organization or
where the actor requests money up front or a credit card number
up front, and does not use the donation for the stated purpose.
Types and Schemes of White
Collar Crimes
 Welfare Fraud: To engage in an act or acts where the purpose is
to obtain benefits (i.e. Public Assistance, Food Stamps, or
Medicaid) from the State or Federal Government.
 Weights and Measures: The act of placing an item for sale at
one price yet charges a higher price at the time of sale or short
weighing an item when the label reflects a higher weight.
 Advanced Fee Schemes: Actor induces victim to give him some
type of advanced fee in return for a future benefit. The future
benefit never occurs and victim never receives the advanced fee
back.
 Airport Scam: Actor approaches victim in an airport stating that
the newspaper stand cannot change his one hundred dollar bill
and asks the victim for change. Victim provides actor with the
change, actor returns to the store to get the one hundred dollar
bill back, however, never returns to victim.
Types and Schemes of White
Collar Crimes
 Auto Repair: Actor hangs out around an auto repair shop
and approaches victims who leave after getting estimates.
Actor claims to do work off duty at a very low cost. Once
actor has the car, inferior work is completed and victim
cannot get the return of the car until the very high bill is
paid.
 Check Kiting: A bank account is opened with good funds
and a rapport is developed with the bank. Actor then
deposits a series of bad checks but prior to their discovery,
withdraws funds from the bank.
 Coupon Redemption: Grocery stores amass large
amounts of coupons and redeem them to manufacturers
when in fact merchandise was never sold.
Types and Schemes of White
Collar Crimes
 Directory Advertising: Actor either impersonates sales person
from a directory company like the yellow pages or fraudulently
sells advertising which the victim never receives.
 Fortune Telling: Actor advises victim that victim is cursed.
Actor advises victim that the curse must be removed. Actor
advises that she must meditate to the spirits and will require
payment. Over a period of time, victim pays fortune teller
thousands of dollars to remove curse.
 Gypsies: Actor states that victims’ money is cursed. In order to
remove the curse, the money must be placed into a bag or box
that the actor provides. The bag or box is switched. Actor advises
victim to perform certain rituals over the money and the curse
will be removed. The bag or box cannot be opened for a period of
time when it is opened, the money is gone.
Types and Schemes of White
Collar Crimes
 Home Improvement: Actor approaches a home owner with a very low
estimate for a repair or improvement. Inferior or incomplete work is
performed. Once the repairs are completed, actor intimidates the
victim to pay a price much greater than the original estimate.
 Inferior Equipment: Actors travel around selling inferior equipment
such as tools at high prices.
 Jamaican Switch: Actor #1 approaches a victim looking for the address
of a prostitute. Actor #1 shows a large sum of money to the victim.
Actor #2 arrives and tells Actor #1 where he can find the prostitute but
cautions on taking all the money as the prostitute might rob him. Actor
#1 asks the victim to hold the money for him. Actor #1 puts his money
into a handkerchief with the victim’s money. Actor #1 shows the victim
how to hide the money under his arm, inside his shirt while switching
handkerchiefs. Victim takes the handkerchief and the parties split up,
however, Actor #1 leaves with victim’s money.
Types and Schemes of White
Collar Crimes
 Land Fraud: Actor induces victim to purchase tracks of
land in some type of retirement development which does
not exist.
 Odometer Fraud: Unscrupulous used car salesman
purchased used cars and turns back the odometers. The
used car is sold at a higher price due to its low mileage.
 Pigeon Drop: Actor #1 befriends the victim. Actor #2
shows both Actor #1 and victim a "found" package
containing a large amount of cash. Actor #1 insists that the
found money be divided equally but only after each person
puts up his own money to demonstrate good faith. All the
money is put in one package and the package is later
switched.
Types and Schemes of White
Collar Crimes
 Police Impersonation: Actor tells victim that his bank is being
operated by fraudulent bank officers. Actor instructs victim to
take money out of bank and place it into a good bank. After the
money is withdrawn, the actor allegedly takes the money to the
police station for safe keeping. The victim never sees the money
again.
 Ponzi: An investment scheme where the actor solicits investors
in a business venture, promising extremely high financial returns
or dividends in a very short period of time. The actor never
invests the money, however, does pay dividends. The dividends
consist of the newest investors funds. The first investors, pleased
to receive dividends, encourage new investors to invest. This
scheme falls apart when the actor no longer has sufficient new
investors to distribute dividends to the old investors or the actor
simply takes all the funds and leaves the area.
Types and Schemes of White
Collar Crimes
 Pyramid: An investment fraud in which an individual is offered
a distributorship or franchise to market a particular product. The
promoter of the pyramid represents that although marketing of
the product will result in profits, larger profits will be earned by
the sale of franchises. For example, if a franchise price is P10,
000.00, the seller receives P3, 500.00 for every franchise sold.
Each new franchise purchaser is presented with the same
proposal so that each franchise owner is attempting to sell
franchises. Once the supply of potential investors is exhausted,
the pyramid collapses. Many times, there are no products
involved in the franchise, simply just the exchange of money.
 Quick Change: Victim is confused by actor’s speedy series of
money exchanges and in the end, is short changed.
Types and Schemes of White
Collar Crimes
 Shell Game: Actor #1 manipulates a pea beneath three
walnut shells or bottle caps. Actor #1 moves the caps
around and shows victim the cap with the pea under it.
With the encouragement of another player, also Actor #2,
victim places larger and larger bets as to which cap contains
the pea. The game is ended by Actor #1 when the take is
large enough.
 Utilities Impersonators: Actor impersonates utilities
employees by wearing jumpsuits with name tags. Actor
approaches victim with story about a gas leak or electrical
surge to gain entry to the home. Valuables are taken by
actor.
Types and Schemes of White
Collar Crimes
 VCR Scam: Actor purports to sell new VCR's or
televisions at an extremely low cost due to his
connections. Victim pays for the VCR or television only
to discover that the box has been filled with rocks.
 West African Investment Scams: Actors target
businesses and obtain business' bank account
information from which all funds are later withdrawn.
THE CONVENTIONAL CRIMES

 Conventional crimes are those traditional, illegal


behaviors that most people think of as crime. Most
crime is conventional crime. Non-conventional crime
may be organized crime, white-collar crime, political
crime, etc. Conventional crimes are groups of crimes
categorized as violent crimes (index crimes) and
property crimes. It has been argued that cyber crime is
just a conventional crime committed with high-tech
devices.
THE CONVENTIONAL CRIMES
 Violent Crimes - Violent crimes are criminal acts, which in the
threat of or actual physical harm by an offender to a victim. It
presents not only index offenses that every one recognizes as
violent (murder, rape, robbery) or other acts involving force and
intimidation but also “violent crimes” that are commonly
categorized as “social problem” such as domestic violence, child
abuse, elder abuse, etc.

 Violent acts are in the forms of:

 Interpersonal Violence - Forcible Rape. Murder, Serious Assault,


Family Violence, Robbery
 Political Violence - Terrorism
 Collective Violence - Riots, Mobs, Crowds, Urban Violence
THE CONVENTIONAL CRIMES
 Property Crimes - are crimes of economic interest. It
includes those crimes that would most commonly be
categorized as theft in ordinary language. It also
includes but not limited to offenses such as unlawful
entry to commit theft, shoplifting, vandalism, and
arson. Property crimes are also in the forms of:

 Occasional Property Crimes - Shoplifting, Vandalism,


Motor vehicle theft, Check Forgery
 Conventional Property Crimes - Burglary/unlawful
entry to commit theft, Fence, Larceny/Theft
THE CONVENTIONAL CRIMES
 Violent Crimes (Index Crimes)

 Murder – is the unlawful killing of human being with malice and with
the “act of violence”. Serial Murder – an act involving killing of several
victims in three or more separate incidents over a week, a month or
year. Mass Murder – it is the killing of four or more victims at one
location with one event. Spree Murder – the killing of in two or more
locations with almost no time break between murders.

 Homicide and Assault - Homicide is also unlawful killing with out


the qualifying circumstances of murder. It is generally regarded as the
most commonly committed of all the index crimes (based on the UCR
offenses). Assault is called “unlawful attack” to another person
purposely to harm or inflict physical injuries. It is a crime that involves
offering to give bodily harm to a person or placing the person in fear.
THE CONVENTIONAL CRIMES
 Robbery - INTERPOL defined robbery as “violent theft”. It
is the taking of property belonging to another with intent
to gain by means of force upon things, violence of
intimidation against the person. It could be in the form of:

 Robbery of person – “hold up cases”
 Robbery in open place following sudden attack –
“snatching cases”
 Robbery in private premises – “forcible entry”
 Robbery after preliminary association of short duration
between victims and offender
 Robbery in case of previous association between victim and
offender.
Types of Robbers

 The Professional Robber – robber who has long-term


commitment to the crime of robbery as a major source of
livelihood.
 The Opportunist – the commonly known as “bandits”, one who
has little commitment to or specialization in robbery and one
who is all purpose property offender.
 The Addict Robber – one who committed the crime of robbery to
support the drug habit. (Unplanned)
 The Alcoholic Robber – like the addict robber who engages to
robbery occasionally in order to support his habit. (Unplanned)
 The Muggers – they are the most feared robbers. They are semi-
professional robbers who are sometimes called “strong armed
robbers” – the street robbers who commit everything from
snatching to the brutalization of the victim.
How the Organized Crime Group
Works?
 For the organization to work there must be:

 An Enforcer – one who make arrangements for killing and injuring


(physically, economically, psychologically) the members or non-
members.

 A Corrupter – one who bribes, buys, intimidates, threatens,


negotiates, and “sweet talks” into a relationship with the police, public
officials or any else who might help the members security and maintain
immunity from arrest, prosecution and punishment.

 A Corruptee – a public official, usually not a member of the


organization family, who can wield influence on behalf of the
organization’s interest.
Characteristics of Organized
Crimes
 It is a conspiracy activity involving coordination of
members.
 Economic gain is the primary goal.
 Economic gain is achieved through illegal means.
 Employs predatory tactics such as intimidation,
violence and corruption.
 Effective control over members, associates, and
victims.
 Organized crimes does not include terrorist dedicated
to political change.
Generic Types of Organized
Crimes
 Political Graft – manned by political criminals
(Political Graft), who use of force and violence of a
means to obtain profit or gain, and or achieving
political aims or ambitions. An example of this is vote
buying, and the employment of private armies to
control a certain political area.

 The Mercenary/Predatory Organized Crime – crimes


committed by groups for direct personal profit but
prey upon unwilling victims. Example:
extortionist/racketeer
Generic Types of Organized Crimes
 In – Group Oriented Organized Crime – groups manned by
semi organized individual whose major goals are for
psychological gratification such as adolescent gangs.
Example: Motorcycle Gangs

 Syndicated Crime – the organization that participates in


illicit activity in society by the use of force, threat, or
intimidation. The group with a formal structure – whose
purpose is to provide elicit services, which are in strong
public demand through the use of secrecy on the part of
the associates. There is assurance of protection necessary
for its operations through political corruption or avoidance
of prosecution.
EXPLAINING ORGANIZED CRIME
THROUGH THEORIES
 Strain theory-Durkheim's theory of anomie is the basis for
strain theory, at least in so far as "anomie" is translated as
"deregulation." It should be noted that control theorists also
trace their inspiration to Durkheim, and have translated
"anomie" as "normlessness." Durkheim's influence has been
extremely broad in criminology and sociology. His view that
social forces caused crime was extremely radical at the time.
 Strain (structural strain) refers generally to the processes by
which inadequate regulation at the societal level filters down to
how the individual perceives his or her needs. Strain (individual
strain) refers to the frictions and pains experienced by the
individual as they look for ways to meet their needs (the
motivational mechanism that causes crime).
STRAIN THEORY
 The theory assumes fairly uniform economic success aspirations across social class and
the theory attempts to explain why crime is concentrated among the lower classes that
have the least legitimate opportunities for achievement.
 Conformity
 Merton recognized conformity as the most common type of the five modes. During this
mode, people strive to obtain success by the most pure conventional means available.
 Innovation
 During innovation, Merton identified a miniscule, but substantial change in the
perspective of the people whose mode is still in conformity and that of whom has shifted
to innovation. The people continue to seek success; however by innovation they strive to
obtain the success by taking advantage of illegal goals available to them in place of less
promising conventional means in order to attain success.
 Rebellion
 Merton suggested that by the time people reach the mode of rebellion, they have
completely rejected the story that everybody in society can achieve success and have
loomed into a rebellious state. They neither trust the valued cultural ends nor the
legitimate societal means used to reach success. Instead, these people replace such ideas
with irrational objectives to include the violent overthrow of the system altogether.
STRAIN THEORY
 Retreatism
 Identified by Merton as the escapist response of the five modes, retreatism
occurs when people become practically dropouts of society. They give up all
goals and efforts to achieve success because they view it as an impractical,
impossible, almost imaginary, and irrational possibility. Merton attributes this
mode as the one to which drug addicts, alcoholics, vagrants, and the severely
mental ill function because their reactions to not being able to obtain success
by legitimate means represses them from society.
 Ritualism
 During ritualism, the final mode, people realize that they have no real
opportunity to advance in society and accept the little relevance that they have.
It is in this mode that people concentrate on retaining what little they possibly
gained or still have in place of concentrating on a higher yield of success. They
return to adhering to conventional norms in hopes of maintaining the few
possessions or possible gains that they have attained. For many members of the
urban lower socioeconomic populous and disadvantaged minorities this period
of short-lived and slightly increased gains takes nearly a lifetime to obtain and
to recognize its worth in a modern industrial society.
EXPLAINING ORGANIZED CRIME
THROUGH THEORIES
 Sutherlands Differential Association Theory suggests that
people commit crime by learning in a social context through
their interactions with others and communication with them. He
believed criminal behaviour is learned by interaction with
others, and this includes learning the techniques of committing
the crime, and the motives, drives, rationalizations, and
attitudes for committing it.
 SOCIAL DISORGANIZATION THEORIES OF CRIME- It
basically refers to the failure of social institutions or social
organizations (e.g., schools, business, policing, real estate, group
networking) in certain communities and/or neighborhoods
(although nothing prohibits such theories from being couched
at the "macro" level to talk about all of society). It has its origins
in the study of ecology, which is the examination of relations
between an organism and its environment.
EXPLAINING ORGANIZED CRIME
THROUGH THEORIES
 Cultural deviance theory: The major tenet of
cultural deviance theory is that conformity to the
prevailing cultural norms of lower class society causes
crime. Lower class subculture has a unique set of
values and beliefs, which are invariably in conflict with
conventional social norms. Criminality is an
expression of conformity to lower class subcultural
values. Members of the working class commit crimes
as they respond to the cultural norms of their own
class in an effort to deal with problems of social –
middle class- adjustment.
EXPLAINING ORGANIZED CRIME
THROUGH THEORIES
 Albert Cohen (1918) - He advocated the Sub-Culture
Theory of Delinquency. Cohen claims that the lower
class cannot socialize effectively as the middle class in
what is considered appropriate middle class behavior.
Thus, the lower class gathered together share their
common problems, forming a subculture that rejects
middle class values. Cohen called this process as
reaction formation. Much of this behavior comes to
be called delinquent behavior; the subculture is called
a gang and the kids are called delinquents. He put
emphasis on the explanation of prevalence, origins,
process and purposes as factors to crime.
EXPLAINING ORGANIZED CRIME
THROUGH THEORIES
 Labeling theory: people become criminals when
significant members of society label them as such and
they accept those labels as a personal identity.
Throughout their lives people are given a variety of
symbolic labels in their interactions with others. These
labels imply a variety of behaviors and attitudes; labels
thus help define not just one trait but the whole
person. If a devalued status is conferred by a
significant other, the negative label may cause
permanent harm to the target.) -
EXPLAINING ORGANIZED CRIME
THROUGH THEORIES
 Frank Tennenbaum, Edwin Lemert, Howard Becker (1822 –
1982)
 Being perceived as a social deviant may affect their treatment at
home, at work, at school and in the other social
situations. Labeled persons may find themselves turning to
others similarly stigmatized for support and
companionship. Law is differentially applied, benefiting those
who hold economic and social power and penalizing the
powerless. Labeling theory is not concerned with why people
originally engage in act that result in their being labeled. Its
concern is with criminal career formation and not the origin of
criminal acts. A person is deviant primarily because of the social
distance between the labeler and the labeled. The theory that
explains about social reaction to behavior
EXPLAINING ORGANIZED CRIME
THROUGH THEORIES
 Social Control Theory as represented in the work of
Travis Hirschi- It proposes that exploiting the process of
socialization and social learning builds self-control and
reduces the inclination to indulge in behavior recognized
as antisocial. Refers also as to those processes by which the
community influences its members toward conformance
with established norm of behavior.
 Differential-opportunity theory- observations that
legitimate opportunities to pursue culturally approved
goals are socially structured and unevenly distributed—
especially by class. Differential-opportunity theory extends
this notion of socially structured unequal access to
delinquency and criminality. Lloyd Ohlin (1928)
TYPES OF MAFIA
 What is a MAFIA?
 Mafia is a term used to describe a number of criminal
organizations around the world. The first organization to
bear the label was the Sicilian Mafia based in Italy, known
to its members as Cosa Nostra
 In the United States, "the Mafia" generally refers to the
American Mafia. Other powerful organizations described
as mafias include the Russian Mafia, the Irish Mob, the
Chinese Triads, the Albanian Mafia, Bosnian mafia, the
Japanese Yakuza, the Neapolitan Camorra, the Calabrian
'Ndrangheta, the Indian Mafia, the Unione Corse, Serbian
Mafia, and the Bulgarian mafia. There are also a number of
localized mafia organizations around the world bearing no
link to any specific racial background.
TYPES OF MAFIA
 Sicilian Mafia (based in Sicily)
The Sicilian Mafia formed in the mid-1800s to unify the
Sicilian peasants against their enemies. In Sicily, the word
Mafia tends to mean “manly.” The Sicilian Mafia changed
from a group of honorable Sicilian men to an organized
criminal group in the 1920s.
 Camorra or Neapolitan Mafia (based in Naples)
The word “Camorra” means gang. The Camorra first
appeared in the mid-1800s in Naples, Italy, as a prison gang.
Once released, members formed clans in the cities and
continued to grow in power. The Camorra has more than
100 clans and approximately 7,000 members, making it the
largest of the Italian organized crime groups.
TYPES OF MAFIA
 ’Ndrangheta or Calabrian Mafia (based in Calabria)
The word “’Ndrangheta” comes from the Greek meaning courage
or loyalty. The ’Ndrangheta formed in the 1860s when a group of
Sicilians was banished from the island by the Italian
government. They settled in Calabria and formed small criminal
groups.
 Sacra Corona Unita or United Sacred Crown (based in the
Puglia region)
Law enforcement became aware of the Sacra Corona Unita in the
late 1980s. Like other groups, it started as a prison gang. As its
members were released, they settled in the Puglia region in Italy
and continued to grow and form links with other Mafia groups.
The Sacra Corona Unita is headquartered in Brindisi, located in
the southeastern region of Puglia.
MAFIA
 Organized crime groups, whether traditional mob families or street
gangs, have a number of common characteristics:
 Organized crime thrives on supplying illegal goods and services for
which a large number of people are willing to pay. For example, in 1999
an estimated fifteen million Americans used illegal drugs, 75 percent of
whom used marijuana.
 The goal of organized crime groups is to make money; members also
gain a sense of pride, power, and protection.
 Groups have what is called a pyramid power structure like legal
businesses. In legitimate businesses, there is a boss called the chief
executive officer (CEO), under the CEO are vice presidents,
treasurers, advisors, accountants, lawyers, technical staff, and so
on. Organized crime has a boss, advisors who work closely with the
boss and assign tasks to different crews, captains who run the different
crews, soldiers who carry out the physical work and act out tasks from
collecting money to killing people, and men with special skills.
MAFIA
 Members are extremely loyal and committed; they go
through initiation rituals, take oaths, and swear to secrecy.
 Punishment for members who stray might be demotion to
a lower rank or, depending on their offense, death.
 Omerta is the code of the OC which have two major
principle the following are;
 Follow your superior
 Keep silent
 Any violation of the code, death is the consequence
Asian Criminal Enterprises

 Asian criminal enterprises have been operating in the U.S.


since the early 1900s. The first of these groups evolved from
Chinese tongs—social organizations formed by early
Chinese-American immigrants.
 There are two categories of Asian criminal enterprises.
Traditional criminal enterprises include the Chinese
triads (or underground societies) based in Hong Kong,
Taiwan, and Macau as well as the Japanese Yakuza or
Boryokudan. Non-traditional criminal enterprises
include groups such as Chinese criminally influenced
tongs, triad affiliates, and other ethnic Asian street gangs
found in several countries with sizeable Asian
communities.
Asian Criminal Enterprises
 Transnational crime refers to crime that takes place across national borders
 The word "transnational" describes crimes that are not only international
(that is, crimes that cross borders between countries), but crimes that by their
nature involve border crossings as an essential part of the criminal activity.
Transnational crimes also include crimes that take place in one country, but
their consequences significantly affect another country. Examples of
transnational crimes include the human trafficking, people smuggling,
smuggling/trafficking of goods (such as arms trafficking and drug trafficking),
sex slavery, pedophilia and (non-domestic) terrorism.

 The crime of unlawfully seizing and carrying away a person by force or Fraud,
or seizing and detaining a person against his or her will with an intent to carry
that person away at a later time.
 The Philippine jurisprudence defines kidnapping for ransom as “the unlawful
taking and carrying away of a person by force or fraud or against his will, or in
any manner depriving him of his liberty for the purpose of extorting ransom as
payment for his/her release.”
TEN THREATS BY HIGH LEVEL
THREAT PANEL OF THE U.N.
 The ten threats identified by the High Level Threat Panel of
the United Nations are these:
 Poverty
 Infectious disease
 Environmental degradation
 Inter-state war
 Civil war
 Genocide
 Other Atrocities (e.g., trade in women and children for sexual slavery,
or kidnapping for body parts)
 Weapon of mass destruction (nuclear proliferation, chemical weapon
proliferation, biological weapon proliferation)
 Terrorism
 Transnational organized crime
How We Combat Asian Criminal
Enterprises? (FBI)
 The FBI participates in different working groups and
initiatives to combat Asian organized crime on an
international level:
 The FBI/National Police Agency of Japan Working
Group meets annually to discuss ongoing investigations
and policy matters for sharing intelligence, interagency
investigative support, and FBI extraterritorial operations in
Japan.
 Project Bridge is a working group under Interpol to help
member countries coordinate investigations and
information sharing between police agencies to fight
Asian-alien smuggling syndicates.
How We Combat Asian Criminal
Enterprises? (FBI)
 The Interagency Working Group on Alien Smuggling coordinates
policy discussions and examines investigative issues relating to alien
smuggling and the trafficking of women and children. It is sponsored
by the National Security Council’s Special Coordination Group on
International Crime.
 The International Asian Organized Crime Conference meets
annually, bringing together law enforcement agencies from around the
world to discuss new trends and exchange ideas on combating Asian
organized crime.
 The Canadian/United States Cross-Border Crime Forum addresses
cross-border crime issues and effective coordination between the U.S.
and Canadian law enforcement.
 The International Law Enforcement Academy in Bangkok,
Thailand, is run with assistance from the FBI and Australian federal law
enforcement agencies. The academy provides training to law
enforcement agents from several Southeast Asian countries.
CRIMES COMMITTED BY THE
ORGANIZED CRIMINALS
 Kidnapping- However, most cases of kidnapping particularly
those undertaken by criminal groups, revealed the following
stages:
 Spotting . The first step in planning a kidnapping operation is to
come up with a shopping list of three to four possible targets that
are capable of paying a huge amount of ransom. Targets are
usually businessmen of Chinese descent.
 Surveillance . Targets are then subjected to a thorough
surveillance and investigation. The investigation focused on the
financial capability, home address and place of work, phone
numbers, complete description of the vehicle being used, travel
routes, identities of household helpers, drivers and employees,
and personal security of potential targets.
STAGES IN KIDNAPPING
 Risk analysis and target selection . After a thorough
investigation, the group selects one of the targets, which
present a lower risk and difficulty in ransom negotiation. In
some cases, the group selects the one whom the group had
gathered the information first. In order to enhance
precision in their operation, some group send out members
of the syndicate to apply as drivers, employees, and
household helps to gain further access on the target.
 Seizing of victim . The time allotted for forcibly taking the
victim is usually two to three hours. The victim is usually
forcibly taken on his/her way to place of work or while
going home after work. Most of the victims are successfully
intercepted while crossing road intersections or traveling
along highly traveled streets.
STAGES IN KIDNAPPING
 Negotiation . Ransom demand may range from PhP1 million to
PhP100 million, depending on the paying capacity of the victim
and the operational capability of the group. The weakest
member of the victim's family is usually selected by the syndicate
to act as negotiator, warning the latter not to report the incident
to the concerned police authorities.
 Collection of Ransom. After the ransom has been negotiated,
the group will design a pay-off procedure. The ransom is usually
brought to a predesignated site. In some pay-off situations
however, the ransom courier is usually instructed to bring along
a cellular phone for ease of communication during the actual
pay-off. There were instances where couriers were given a round-
the-bush before reaching the final pay-off venue.
CRIMES COMMITTED BY THE
ORGANIZED CRIMINALS
 Terrorism in the Philippines are conflicts based on
political issues conducted by rebel organizations against
the Philippine government, its citizens and supporters.
Most terrorism in the country are conducted by Islamic
terrorist groups. The most active terrorist groups in the
Philippines are the Moro Islamic Liberation Front, Moro
National Liberation Front, Abu Sayaf, Rajah Sulaiman
Movement and Jemaah Islamiyah.
 Computer crime refers to any crime that involves a
computer and a network, where the computers may or may
not have played an instrumental part in the commission of
the crime (Moore 2000). Netcrime refers, more precisely, to
criminal exploitation of the Internet.
Law in the Philippines is R.A 9372

 REPUBLIC ACT NO. 9372


 AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE
FROM TERRORISM
 Be it enacted by the Senate and House of Representative of the
Philippines in Congress Assembled:
 Section 1. Short Title. - This Act shall henceforth be known as
the "Human Security Act of 2007.”
 Sec. 3. Terrorism. - Any person who commits an act punishable
under any of the following provisions of the Revised Penal Code:
 a. Article 122, (Piracy in General and Mutiny in the High Seas or
in the Philippine Waters);
 b. Article 134, (Rebellion or Insurrection);
 c. Article 134-a, (Coup d' Etat), including acts committed by
private persons;
Law in the Philippines is R.A 9372

 d. Article 248, (Murder);


 e. Article 267, (Kidnapping and Serious Illegal Detention);
 f. Article 324, (Crimes Involving Destruction), or under:
 1. Presidential Decree No. 1613, (The Law on Arson);
 2. Republic Act No. 6969, (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990);
 3. Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968);
 4. Republic Act No. 6235, (Anti-Hijacking Law);
 5. Presidential Decree No. 532, (Anti-Piracy and Anti-
Highway Robbery Law of 1974); and
Law in the Philippines is R.A 9372
 6. Presidential Decree No. 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or Disposition of
Firearms, Ammunitions or Explosives)
 Thereby sowing and creating a condition of widespread
and extraordinary fear and panic among the populace, in
order to coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism and shall
suffer the penalty of forty (40) years of imprisonment,
without the benefit of parole as provided for under Act No.
4103, otherwise known as the Indeterminate Sentence Law,
as amended.
Law in the Philippines is R.A 9372
 Sec. 7. Surveillance of Suspects and Interception and Recording of
Communications. -The provisions of Republic Act No. 4200, (Anti-
Wire Tapping Law) to the contrary notwithstanding, a police or law
enforcement official and the members of his team may, upon a written
order of the Court of Appeals, listen to, intercept and record, with the
use of any mode, form, kind or type of electronic or other surveillance
equipment or intercepting and tracking devices, or with the use of any
other suitable ways and means for that purpose, any communication,
message, conversation, discussion, or spoken or written words between
members of a judicially declared and outlawed terrorist organization,
association, or group of persons or of any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism.
 Provided, That surveillance, interception and recording of
communications between lawyers and clients, doctors and patients,
journalists and their sources and confidential business correspondence
shall not be authorized.
Law in the Philippines is R.A 9372
 Sec. 8. Formal Application for Judicial Authorization. - The
written order of the authorizing division of the Court of
Appeals to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or
spoken or written words of any person suspected of the
crime of terrorism or the crime of conspiracy to commit
terrorism shall only be granted by the authorizing division
of the Court of Appeals upon an ex-parte written
application of a police or of a law enforcement official who
has been duly authorized in writing by the Anti-Terrorism
Council created in Section 53 of this Act to file such ex
parte application, and upon examination under oath or
affirmation of the applicant and the witnesses he may
produce to establish:
Law in the Philippines is R.A 9372
 Sec. 8. Formal Application for Judicial Authorization
 (a) that there is probable cause to believe based on
personal knowledge of facts or circumstances that the said
crime of terrorism or conspiracy to commit terrorism has
been committed, or is being committed, or is about to be
committed;
 (b) that there is probable cause to believe based on
personal knowledge of facts or circumstances that
evidence, which is essential to the conviction of any
charged or suspected person for, or to the solution or
prevention of, any such crimes, will be obtained; and
 (c) that there is no other effective means readily available
for acquiring such evidence.
Law in the Philippines is R.A 9372
 Sec. 9. Classification and Contents of the Order of the Court. -
The written order granted by the authorizing division of the
Court of Appeals as well as its order, if any, to extend or renew
the same, the original application of the applicant, including his
application to extend or renew, if any, and the written
authorizations of the Anti-Terrorism Council shall be deemed
and are hereby declared as classified information: Provided, That
the person being surveilled or whose communications, letters,
papers, messages, conversations, discussions, spoken or written
words and effects have been monitored, listened to, bugged or
recorded by law enforcement authorities has the right to be
informed of the acts done by the law enforcement authorities in
the premises or to challenge, if he or she intends to do so, the
legality of the interference before the Court of Appeals which
issued the written order. The written order of the authorizing
division of the Court of Appeals shall specify the following:
Law in the Philippines is R.A 9372
 (a) the identity, such as name and address, if known, of the
charged or suspected person whose communications,
messages, conversations, discussions, or spoken or written
words are to be tracked down, tapped, listened to,
intercepted, and recorded and, in the case of radio,
electronic, or telephonic (whether wireless or otherwise)
communications, messages, conversations, discussions, or
spoken or written words, the electronic transmission
systems or the telephone numbers to be tracked down,
tapped, listened to, intercepted, and recorded and their
locations or if the person suspected of the crime of
terrorism or conspiracy to commit terrorism is not fully
known, such person shall be subject to continuous
surveillance provided there is a reasonable ground to do so;
Law in the Philippines is R.A 9372
 (b) the identity (name, address, and the police or law
enforcement organization) of the police or of the law
enforcement official, including the individual identity
(names, addresses, and the police or law enforcement
organization) of the members of his team, judicially
authorized to track down, tap, listen to, intercept, and
record the communications, messages, conversations,
discussions, or spoken or written words;
 (c) the offense or offenses committed, or being committed,
or sought to be prevented; and
 (d) the length of time within which the authorization shall
be used or carried out.
Law in the Philippines is R.A 9372
 Sec. 11. Custody of Intercepted and Recorded Communications. -
All tapes, discs, and recordings made pursuant to the
authorization of the authorizing division of the Court of
Appeals, including all excerpts and summaries thereof as well as
all written notes or memoranda made in connection therewith,
shall, within forty-eight (48) hours after the expiration of the
period fixed in the written order of the authorizing division of
the Court of Appeals or within forty-eight (48) hours after the
expiration of any extension or renewal granted by the
authorizing division of the Court of Appeals, be deposited with
the authorizing Division of the Court of Appeals in a sealed
envelope or sealed package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant police or law
enforcement official and the members of his team.
Law in the Philippines is R.A 9372
 In case of death of the applicant or in case he is physically disabled to
execute the required affidavit, the one next in rank to the applicant
among the members of the team named in the written order of the
authorizing division of the Court of Appeals shall execute with the
members of the team that required affidavit.

 It shall be unlawful for any person, police officer or any custodian of the
tapes, discs and recording, and their excerpts and summaries, written
notes or memoranda to copy in whatever form, to remove, delete,
expunge, incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext whatsoever.

 Any person who removes, deletes, expunges, incinerates, shreds or


destroys the items enumerated above shall suffer a penalty of not less
than six years and one day to twelve (12) years of imprisonment.
Law in the Philippines is R.A 9372
 Sec. 17. Prescription of Terrorist Organizations, Association, or
Group of Persons. - Any organization, association, or group of
persons organized for the purpose of engaging in terrorism, or
which, although not organized for that purpose, actually uses the
acts to terrorize mentioned in this Act or to sow and create a
condition of widespread and extraordinary fear and panic among
the populace in order to coerce the government to give in to an
unlawful demand shall, upon application of the Department of
Justice before a competent Regional Trial Court, with due notice
and opportunity to be heard given to the organization,
association, or group of persons concerned, be declared as a
terrorist and outlawed organization, association, or group of
persons by the said Regional Trial Court.
MONEY LAUNDERING

 Nature
 The term "money laundering" does not derive, as is
often said, from Al Capone having used laundromats
to hide ill-gotten gains. It is more likely to mean that
dirty money is made clean. At some point in the
process there must be a switch between the two;
necessarily the art is to keep that switch hidden.
LAW ON R.A. 9194

 AN ACT AMENDING REPUBLIC ACT NO. 9160,


OTHERWISE KNOWN AS THE "ANTI-MONEY
LAUNDERING ACT OF 2001"
 Section 1. Sec. 3, paragraph (b), of Republic Act No.
9160 is hereby amended as follows:
 "(b) 'Covered transaction' is a transaction in cash or
other equivalent monetary instrument involving a
total amount in excess of Five hundred thousand pesos
(P500,000.00) within one (1) banking day."
LAW ON R.A. 9194

 Sec. 2. Sec. 3 of the same Act is further amended by inserting


between paragraphs (b) and (c) a new paragraph designated as
(b-1) to read as follows:
 "(b-1) 'Suspicious transaction' are transactions with covered
institutions, regardless of the amounts involved, where any of
the following circumstances exist:

 "1. there is no underlying legal or trade obligation, purpose or


economic justification;

 "2. the client is not properly identified;

 "3. the amount involved is not commensurate with the business


or financial capacity of the client;
LAW ON R.A. 9194
 Sec. 2. Sec. 3 of the same Act is further amended by inserting between
paragraphs (b) and (c) a new paragraph designated as (b-1) to read as follows:

 "4. taking into account all known circumstances, it may be perceived that the
client's transaction is structured in order to avoid being the subject of
reporting requirements under the Act;

 "5. any circumstance relating to the transaction which is observed to deviate


from the profile of the client and/or the client's past transactions with the
covered institution;

 "6. the transaction is in any way related to an unlawful activity or offense


under this Act that is about to be, is being or has been committed; or

 "7. any transaction that is similar or analogous to any of the foregoing."


LAW ON R.A. 9194

 "SEC. 4. Money Laundering Offense. — Money laundering is a crime


whereby the proceeds of an unlawful activity as herein defined are
transacted, thereby making them appear to have originated from
legitimate sources. It is committed by the following
 "(a) Any person knowing that any monetary instrument or property
represents, involves, or relates to, the proceeds of any unlawful activity,
transacts or attempts to transact said monetary instrument or property.

 "(b) Any person knowing that any monetary instrument or property


involves the proceeds of any unlawful activity, performs or fails to
perform any act as a result of which he facilitates the offense of money
laundering referred to in paragraph (a) above.

 "(c) Any person knowing that any monetary instrument or property is


required under this Act to be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so."
LAW ON R.A. 9194

 Sec. 5. Sec. 7 of the same Act is hereby amended as


follows:
 "SEC. 7. Creation of Anti-Money Laundering Council
(AMLC). — The Anti-Money Laundering Council is
hereby created and shall be composed of the Governor
of the Bangko Sentral ng Pilipinas as chairman, the
Commissioner of the Insurance Commission and the
Chairman of the Securities and Exchange Commission
as members. The AMLC shall act unanimously in the
discharge of its functions as defined hereunder:
LAW ON R.A. 9194

 "(1) to require and receive covered or suspicious transaction reports


from covered institutions;
 "(2) to issue orders addressed to the appropriate Supervising
Authority or the covered institution to determine the true identity of
the owner of any monetary instrument or property subject of a covered
transaction or suspicious transaction report or request for assistance
from a foreign State, or believed by the Council, on the basis of
substantial evidence, to be, in whole or in part, wherever located,
representing, involving, or related to, directly or indirectly, in any
manner or by any means, the proceeds of an unlawful activity.
 "(3) to institute civil forfeiture proceedings and all other remedial
proceedings through the Office of the Solicitor General;
 "(4) to cause the filing of complaints with the Department of Justice
or the Ombudsman for the prosecution of money laundering offenses;
LAW ON R.A. 9194

 "(5) to investigate suspicious transactions and covered transactions


deemed suspicious after an investigation by AMLC, money laundering
activities, and other violations of this Act;
 "(6) to apply before the Court of Appeals, ex parte, for the freezing of
any monetary instrument or property alleged to be the proceeds of any
unlawful activity as defined in Sec. 3(i) hereof;
 "(7) to implement such measures as may be necessary and justified
under this Act to counteract money laundering;
 "(8) to receive and take action in respect of, any request from foreign
states for assistance in their own anti-money laundering operations
provided in this Act;
 "(9) to develop educational programs on the pernicious effects of
money laundering, the methods and techniques used in money
laundering, the viable means of preventing money laundering and the
effective ways of prosecuting and punishing offenders;
LAW ON R.A. 9194

 "(10) to enlist the assistance of any branch, department,


bureau, office, agency or instrumentality of the
government, including government-owned and -controlled
corporations, in undertaking any and all anti-money
laundering operations, which may include the use of its
personnel, facilities and resources for the more resolute
prevention, detection and investigation of money
laundering offenses and prosecution of offenders; and
 "(11) to impose administrative sanctions for the violation
of laws, rules, regulations and orders and resolutions
issued pursuant thereto."
LAW ON R.A. 9194

 SEC. 10. Freezing of Monetary Instrument or


Property. — The Court of Appeals, upon application
ex parte by the AMLC and after determination that
probable cause exists that any monetary instrument or
property is in any way related to an unlawful activity as
defined in Sec. 3(i) hereof, may issue a freeze order
which shall be effective immediately. The freeze order
shall be for a period of twenty (20) days unless
extended by the court."
Human Trafficking in person

 refers to the recruitment, transportation, transfer or


harboring, or receipt of arsons with or without the victim's
consent or knowledge, within or across national borders by
means of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position,
taking advantage of the vulnerability of the persons, or, the
giving or receiving of payments or benefits to achieve the
consent of a person having control over another person for
the purpose of exploitation which includes at a minimum,
the exploitation or the prostitution of others or other forms
of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.
REPUBLIC ACT NO. 9208

 AN ACT TO INSTITUTE POLICIES TO ELIMINATE


TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED
PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES.
REPUBLIC ACT NO. 9208
 Sec. 4. Acts of Trafficking in Persons. — It shall be unlawful for any person,
natural or judicial, to commit any of the following acts.
 (a) To recruit, transport, transfer, harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
 (b) To introduce or match for money, profit, or material, economic or other
consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino women to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
 (c) To offer or contract marriage, real or simulated, for the purpose of
acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude
or debt bondage;
REPUBLIC ACT NO. 9208

 (d) To undertake or organize tours and travel plans consisting


of tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual
exploitation;
 (e) To maintain or hire a person to engage in prostitution or
pornography;
 (f) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;
 (g) To recruit, hire, adopt, transport or abduct a person, by
means of threat or use of force, fraud deceit, violence, coercion,
or intimidation for the purpose of removal or sale of organs of
said person; and
 (h) To recruit, transport or adopt a child to engage in armed
activities in the Philippines or abroad.
Illegal Accessed of Devices

 Republic Act No. 8484


 February 11, 1998
 AN ACT REGULATING THE ISSUANCE AND USE OF
ACCESS DEVICES, PROHIBITING FRAUDULENT
ACTS COMMITTED RELATIVE THERETO,
PROVIDING PENALTIES AND FOR OTHER
PURPOSES
Republic Act No. 8484
 Section 3. Definition of terms. – For purposes of this Act, the
terms:
 (a) Access Device – means any card, plate, code, account
number, electronic serial number, personal identification
number, or other telecommunications service, equipment, or
instrumental identifier, or other means of account access that
can be used to obtain money, good, services, or any other thing
of value or to initiate a transfer of funds (other than a transfer
originated solely by paper instrument);
 (b) Counterfeit Access Device – means any access device that is
counterfeit, fictitious, altered, or forged, or an identifiable
component of an access device or counterfeit access device;
 (c) Unauthorized Access Device – means any access device that
is stolen, lost, expired, revoked, cancelled, suspended, or
obtained with intent to defraud;
Republic Act No. 8484
 Section 3. Definition of terms. – For purposes of this Act, the
terms:
 (d) Access Device Fraudulently Applied for – means any access
device that was applied for or issued on account of the use of
falsified document, false information, fictitious identities and
addresses, or any form of false pretence or misrepresentation;
 (e) Consumer – means a natural person;
 (f) Credit Card – means any card, plate, coupon book, or other
credit device existing for the purpose of obtaining money, goods,
property, labor or services or any thing of value on credit;
 (g) Device Making or Altering Equipment – means any
equipment, mechanism or impression designed or primarily
used for making or altering or reencoding an access device or a
counterfeit access device;
Republic Act No. 8484
 (h) Finance Charges – represent the amount to be paid by the
debtor incident to the extension of credit such as interest or
discounts, collection fees, credit investigation fees, and other
service charges;
 (i) Open-end-credit plan – means a consumer credit extended on
an account pursuant to a plan under which:
 1) the creditor may permit the person to make purchase or obtain
loans, from time to time, directly from the creditor or indirectly
by use of credit card, or other service;
 2) the person has the privilege of paying the balance; or
 3) a finance charge may be computed by the creditor from time
to time on an unpaid balance.(j) Penalty Charges – means such
amount, in addition to interest, imposed on the credit card
holder for non-payment of an account within a prescribed
period;
Republic Act No. 8484
 (k) Produce – includes design, alter, authenticate,
duplicate or assemble; and
 (l) Trafficking – means transferring, or otherwise
disposing of, to another, or obtaining control of, with
intent to transfer or dispose of.
Section 9. Prohibited Acts. – The following acts shall constitute
access device fraud and are hereby declared to be unlawful:

 (a) producing, using, trafficking in one or more counterfeit


access devices;
 (b) trafficking in one or more unauthorized access devices or
access devices fraudulently applied for;
 (c) using, with intent to defraud, an unauthorized access device;
 (d) using an access device fraudulently applied for;
 (e) possessing one or more counterfeit access devices or access
devices fraudulently applied for;
 (f) producing, trafficking in, having control or custody of, or
possessing device-making or altering equipment without being
in the business or employment, which lawfully deals with the
manufacture, issuance, or distribution of such equipment;
Section 9. Prohibited Acts. – The following acts shall constitute
access device fraud and are hereby declared to be unlawful:
 (g) inducing, enticing, permitting or in any manner allowing
another, for consideration or otherwise to produce, use, traffic in
counterfeit access devices, unauthorized access devices or access
devices fraudulently applied for;
 (h) multiple imprinting on more than one transaction record,
sales slip or similar document, thereby making it appear that the
device holder has entered into a transaction other than those
which said device holder had lawfully contracted for, or
submitting, without being an affiliated merchant, an order to
collect from the issuer of the access device, such extra sales slip
through an affiliated merchant who connives therewith, or,
under false pretenses of being an affiliated merchant, present for
collection such sales slips, and similar documents;
Section 9. Prohibited Acts. – The following acts shall constitute
access device fraud and are hereby declared to be unlawful:
 (i) disclosing any information imprinted on the access device, such as,
but not limited to, the account number or name or address of the
device holder, without the latter's authority or permission;
 (j) obtaining money or anything of value through the use of an access
device, with intent to defraud or with intent to gain and fleeing
thereafter;
 (k) having in one's possession, without authority from the owner of the
access device or the access device company, an access device, or any
material, such as slips, carbon paper, or any other medium, on which
the access device is written, printed, embossed, or otherwise indicated;
 (l) writing or causing to be written on sales slips, approval numbers
from the issuer of the access device of the fact of approval, where in
fact no such approval was given, or where, if given, what is written is
deliberately different from the approval actually given;
Section 9. Prohibited Acts. – The following acts shall constitute
access device fraud and are hereby declared to be unlawful:
 (m) making any alteration, without the access device holder's
authority, of any amount or other information written on the sales slip;
 (n) effecting transaction, with one or more access devices issued to
another person or persons, to receive payment or any other thing of
value;
 (o) without the authorization of the issuer of the access device,
soliciting a person for the purpose of:
 1) offering an access device; or
 2) selling information regarding or an application to obtain an access
device; or
 (p) without the authorization of the credit card system member or its
agent, causing or arranging for another person to present to the
member or its agent, for payment, one or more evidence or records of
transactions made by credit card.
Smuggling

 is the clandestine transportation of goods or persons past a


point where prohibited, such as out of a building, into a
prison, or across an international border, in violation of
applicable laws or other regulations.
 There are various motivations to smuggle. These include
the participation in illegal trade, such as drugs, illegal
immigration or emigration, tax evasion, providing
contraband to a prison inmate, or the theft of the items
being smuggled. Examples of non-financial motivations
include bringing banned items past a security checkpoint
(such as airline security) or the removal of classified
documents from a government or corporate office.
Drug Trafficking

 The illegal drug trade is a global black market in the


cultivation, manufacture, distribution and sale of
those substances which are subject to drug prohibition
laws.
REPUBLIC ACT NO. 9165
 June 7, 2002
 AN ACT INSTITUTING THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002, REPEALING
REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS
THE DANGEROUS DRUGS ACT OF 1972, AS
AMENDED, PROVIDING FUNDS THEREFOR, AND
FOR OTHER PURPOSES
REPUBLIC ACT NO. 9165
 Illegal acts
 Section 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
 Section 6. Maintenance of a Den, Dive or Resort. –
 Section 7. Employees and Visitors of a Den, Dive or Resort
 Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals
 Section 9. Illegal Chemical Diversion of Controlled Precursors and
Essential Chemicals.
 Section 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
 Section 11. Possession of Dangerous Drugs.
 Section 16. Cultivation or Culture of Plants Classified as Dangerous
Drugs or are Sources Thereof.
Gambling
 Title Six of the RPC

 CRIMES AGAINST PUBLIC MORALS

 Gambling is the wagering of money or something of


material value (referred to as "the stakes") on an event
with an uncertain outcome with the primary intent of
winning additional money and/or material goods.
Typically, the outcome of the wager is evident within a
short period.
Gambling
 Chapter One
 GAMBLING AND BETTING
 Presidential Decree No. 449 Cockfighting Law of 1974. This
law took effect on May 9, 1974. It governs the
establishment, operations, maintenance and ownership of
cockpits.
 Presidential Decree No. 483 Penalizes betting, game-fixing
or point shaving and machinations in sports contests. It
took effect on June 13,1974.
 Presidential Decree No. 519 Outlaws pinball and slot
machines and other similar devices and nullifies all existing
permits and/or licenses to operate the same. It took effect
on July 23, 1974.
PROSTITUTION
Prostitution is the act or practice of providing sexual
services with another person in return for payment.
Persons who execute such activity are called
prostitutes. Prostitution is one of the branches of the
sex industry. Estimates place the annual revenue
generated from the global prostitution industry to be
over $100 billion.
 TYPES OF PROSTITUTES
 CALL GIRL
 HUSTLER
 DOOR KNOCKER
 FACTORY GIRL
Art. 202. Vagrants and prostitutes;
penalty
 — The following are vagrants:
 1. Any person having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself or herself to
some lawful calling;
 2. Any person found loitering about public or semi-public buildings or
places or trampling or wandering about the country or the streets
without visible means of support;
 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians
or pimps and those who habitually associate with prostitutes;
 4. Any person who, not being included in the provisions of other
articles of this Code, shall be found loitering in any inhabited or
uninhabited place belonging to another without any lawful or
justifiable purpose;

Art. 202. Vagrants and prostitutes;
penalty
 5. Prostitutes.
 For the purposes of this article, women who, for money or
profit, habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.
 Any person found guilty of any of the offenses covered by
this articles shall be punished by arresto menor or a fine
not exceeding 200 pesos, and in case of recidivism, by
arresto mayor in its medium period to prision correctional
in its minimum period or a fine ranging from 200 to 2,000
pesos, or both, in the discretion of the court.
Computer crime, or cybercrime

 refers to any crime that involves a computer and a


network, where the computers may or may not have
played an instrumental part in the commission of a
crime.[1] Netcrime refers, more precisely, to criminal
exploitation of the Internet.[2] Issues surrounding this
type of crime have become high-profile, particularly
those surrounding hacking, copyright infringement,
child pornography, and child grooming. There are also
problems of privacy when confidential information is
lost or intercepted, lawfully or otherwise.
REPUBLIC ACT NO. 8792
 June 14, 2000
 AN ACT PROVIDING AND USE OF ELECTRONIC
COMMERCIAL AND NON-COMMERCIAL
TRANSACTIONS, PENALTIES FOR UNLAWFUL USE
THEREOF, AND OTHER PURPOSES

 Section 4. Sphere of Application- This Act shall apply to
any kind of electronic document used in the context of
commercial and non-commercial activities to include
domestic and international dealings, transactions,
arrangements, agreements contracts and exchanges and
storage of information.

Carnapping

 Most of the vehicles were carnapped in parking lots,


residential areas and middle class subdivisions. Car
theft usually occurred between 2 o'clock and 4 o'clock
in the morning due to following reasons: inadequate
police visibility, street parking opportunity, natural
advantage during nighttime for criminal elements, and
lack of appropriate security measures in residential
areas. These vehicles were later either sold after
acquiring falsified documents or dismantled and sold
as used parts. Some stolen vehicles were forcibly taken,
usually by OCGs who would eventually abandon them
after completing one criminal operation.
REPUBLIC ACT No. 6539

 AN ACT PREVENTING AND PENALIZING


CARNAPPING
 Section 1. This Act shall be known and may be cited as the
"Anti-Carnapping Act of 1972."
 Section 2. Definition of terms. The terms "carnapping",
"motor vehicle", "defacing or tampering with", "repainting",
"body-building", "remodeling", "dismantling", and
"overhauling", as used in this Act, shall be understood,
respectively, to mean
 "Carnapping" is the taking, with intent to gain, of a motor
vehicle belonging to another without the latter's consent,
or by means of violence against or intimidation of persons,
or by using force upon things.
Philippine Center for
Transnational Crime
 In response to organized criminal activities, the
Philippine government has instituted programs and
projects to address these threats to national and
international interest and security. It has created the
Philippine Center on Transnational Crime (PCTC)
(E.O. No.62 s1999) to establish a shared central
database among concerned agencies for information
on criminals, methodologies, arrests, and convictions
on transnational crime in all its forms. Apart from this,
the Center is mandated to discharge the following:
Philippine Center for
Transnational Crime
 Supervise and control conduct of anti-transnational
crime operations of all government agencies and
instrumentalities:
 Establish a central database on national as well as
international legislations and jurisprudence on
transnational crime, with the end in view of
recommending measures to strengthen responses and
provide immediate intervention for the prevention,
detection and apprehension of criminals operating in
the country;
Philippine Center for
Transnational Crime
 Establish a center for strategic research on the structure
and dynamics of transnational crime, predict trends and
analyze relationships of given factors for the formulation of
strategies to combat the same;
 Design programs and projects aimed at enhancing national
capacity-building in combating transnational crime, as
well as supporting the related programs and projects of
other ASEAN and international centers; and
 Explore and coordinate information exchanges and
training with other government agencies, foreign countries
and international organizations involved in containing and
eliminating transnational crime.
Executive Order No. 100 s1999

 To further strengthen the operational, administrative and information


support system of the PCTC, E.O. No. 100 s1999 empowered the Center
to exercise general supervision and control over the following:

 Loop Center of the National Action Committee on Anti-Hijacking and
Terrorism (NACAHT) whose primary mission is to assist and support
the NACAHT in integrating and orchestrating the efforts of all law
enforcement agencies against international and domestic terrorism;
 International Criminal Police Organization ICPO-INTERPOL NCB-
Manila which has been reconstituted to serve as the national liaison
office and main coordinating body for international police cooperation
against transnational crime;
 Police Attachés of the Philippine National Police (PNP); and
 Political Attachés/ Counselors for Security Matters of the Department
of the Interior and Local Government (DILG)
“ORGANIZED CRIME IN THE
PHILIPPINES"
 Francisco Group which is formerly the Dragon or
the Kuratong Baleleng Group, now led by Manuel
Francisco, with 66 members armed with assorted
type of high powered firearms and operates in the
cities of Cagayan De Oro, Pagadian and Dipolog, and
other neighboring cities and municipalities in the
Mindanao (in southern Philippines), Cebu in Visayas
(in Central Philippines), and Metro Manila in Luzon
(in northern Philippines). The group is engaged in
robbery/hold-up, carnapping, illegal drugs trafficking,
and smuggling of rice and sugar.
“ORGANIZED CRIME IN THE
PHILIPPINES"
 IT HAD been the military that created the Kuratong
Baleleng in 1986. The military wanted a vigilante
organization that would counter the growing influence of
communist guerillas in the provinces of Misamis
Occidental, Zamboanga del Norte and Zamboanga del Sur,
the first guerilla front of the Communist Party of the
Philippines in Mindanao. Kuratong is actually a traditional
bamboo instrument used to call villagers for a meeting or
to alert them of the approach of enemies; baleleng means
young lady, although it is also used as a term of
endearment. The Kuratong Baleleng, or the "darling bell,"
became a group that would inform soldiers of the presence
of rebels.
“ORGANIZED CRIME IN THE
PHILIPPINES"
 Army Maj. Franco Calanog, who formally organized the
Kuratong Baleleng, put the organization under the
supervision of the Philippine Army's 101st Battalion based
in Misamis Occidental. Calanog appointed Ongkoy
Parojinog as the "chairman" of the organization. Its first
members were militiamen from three urban poor
barangays known collectively as Lawis or "sulod (inside)" in
Ozamiz City. But they were said to have done double duty
as Kuratong and as protector of Ongkoy's illegal activities,
which reportedly included robberies in the provinces of
Siquijor and Misamis Occidental. Ongkoy, however, was
also known for his generosity and was dubbed the "Robin
Hood of Lawis."
“ORGANIZED CRIME IN THE
PHILIPPINES"
 Pentagon Group headed by Tahir Alonto with around
168 armed members, engaged primarily in KFR and
operates in Mindanao. This group is a creation of the
Moro Islamic Liberation Front (MILF). It was
organized not only to generate funds for the latter
through illegal means but also insulate the MILF from
accusations that its members are involved in purely
criminal acts. Its leader, Tahir Alonto is the former
planning and operations office of the BIAF and the
nephew of MILF's Chairman Al Haj Murad. Relatedly,
there are other members of the group who are listed as
members of the MILF.
“ORGANIZED CRIME IN THE
PHILIPPINES"
 PENTAGON GROUP- Kurato Tapuyak alias “Anton”
no. 2 in the group.
“ORGANIZED CRIME IN THE
PHILIPPINES"
 Lexus Group , a carnapping group with around 37
members operating in NCR, and Regions 3 and 4, all in
Luzon.

 Rex “Wacky” Salud Group with 30 members


operating in Cebu, engaged in illegal gambling and the
Vicviv Yu Group with 16 members operating in
Central Visayas and also engaged in illegal gambling.
Robbery/hold-up

 As of October 2003, there are 45 bank robbery


incidents recorded nationwide, or one (1) incident per
week, with the perpetrators carting a total loot of
around PhP44.8 million. Compared to similar period
in 2002, bank robbery incidents increased by 13
percent. Metro Manila or NCR registered the highest
with 20 recorded incidents. Operations conducted
against these groups resulted in the arrest of 18
persons, to include 12 members of the Kuratong
Baleleng Group who were responsible in the series of
bank robberies in Metro Manila.
Robbery/hold-up
 Bank robbery groups are considered as the most
organized among the crime groups. They are usually
composed of hardened criminals and/or personalities
of tested daring capabilities. Members are trained to
follow and executed minute details of a well-planned
operation. Usually, all members are heavily armed and
ready to forcibly douse any opposition.
Robbery/hold-up
 The robbery group initially places the target bank under a
thorough casing and surveillance, week or even months in
advance. The peak and lean hours in the bank; the time of
relief of security personnel; expected resistance; individual
characteristic, traits and weaknesses of every personnel;
estimated cash in teller's booth and inside the safe; and
detailed sketch of the whole bank premises are observed
and studied. In case of armored vans, the group closely
observes the time and route of movements of the vehicle.
 Usually, the bank robbers stage the heist wearing bonnets
and usually utilize Asian utility vehicles during their
operation. The group in most cases uses two sets of
vehicles, one being used on their way to the bank while
another will be used as their get-away vehicle.
Interpol Role is OC

 Interpol acts as a central repository for professional


and technical expertise on transnational organized
crime and as a clearinghouse for the collection,
collation, analysis and dissemination of information
relating to organized crime and criminal
organizations. It also monitors the organized crime
situation on a global basis and co-ordinates
international investigations.
Interpol
 INTERPOL currently has projects targeting
organized/specialized crime in five areas of high
activity:
 Project Millennium – targeting Eurasian criminal
organizations
 Project AOC – targeting Asian criminal organizations
 Project Scream – targeting serial murders and rapists
 Project Bada – targeting maritime piracy
 Project Pink Panthers - Armed Jewellery Robberies
committed by nationals of former Yugoslavia
ASEAN Plan Of Action To Combat
Transnational Crime
 The general objective of the Action Plan is to encourage ASEAN
Member Countries to expand their efforts in combating
transnational crime at the national and bilateral levels to the
regional level. As espoused in the ASEAN Declaration on
Transnational Crime, the overall focus of ASEAN collaboration
will be to strengthen regional commitment and capacity to
combat transnational crimes which include terrorism, drug
trafficking, arms smuggling, money laundering, trafficking in
persons and piracy. This is in recognition of the fact that tackling
transnational crime requires a concerted regional effort in view
of its global dimension and pervasive nature. Besides, such
efforts will assist in complementing and contributing to the
national and bilateral efforts undertaken by Member Countries
in combating such crime.