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A/CONF. 187/6 the loan. Credible estimates suggest that the proportion of this assumption is the implicit association of this type of money laundered by organized crime only constitutes activity with organized crime, therefore conveying the around 10 per cent of the overall amount of"hot money". 7, notion that those engaged are full-time criminal entrepreneurs who have developed expertise and accumulated resources in previous illegal activities. Other 23. It is controversial whether organized criminal groups authors, instead, suggest that many of those involved in It could be argued, for example, that transnational criminal trafficking in human beings have no previous criminal record. Cases that have come to public attention suggest groups that invest illicit proceeds in the official economy that the second proposition is as close to reality as the first have learned from the techniques and the rationalizations of white-collar and corporate offenders, thus being, Enterprises involved in trafficking often derive their skills sense, corrupted by the economy rather than corrupting it. and expertise from the licit arena of business in which they operate. Travel agencies are involved, along with transport 24.Descriptions that characterize members of organized companies, at times in connection with informal criminal groups as being too visibly different or perhaps employment agencies. Usually, none of the staff of such too culturally and linguistically different, to become agencies and companies has a criminal record much less a accepted in the business world do not consider how link to organized crime. While committing offences that acceptance in that world is mediated by individuals and organized criminal groups also commit, companies may groups who act as go-betweens. The investment of criminal become partners of the latter, without sharing their overall proceeds in the financial market, for example, forces culture and strategies. To define such companies as organized crime to open up to, and establish connections transnational organized crime adds to the definitional with, mediators and agents who make pecunia non olet chaos that already characterizes this type of crime (money does not smell) their favourite motto Thought should, therefore, be given to the identification of 25. In brief. the encounter between transnational more nuanced definitions organized crime and the official economy is not the result 28. Transnational organized crime should not be of an unnatural relationship between a harmonious entity mistaken for activity conducted by centralized, highly and a dysfunctional one. Rather, it amounts to a joint structured organizations and ruthless market operators undertaking of two loosely regulated worlds, both Dispersed participants and diverse social actors are deviating from the rules they officially establish for involved in networks in which opportunistic chances are themselves. For example, the rules of fair competition are taken and short-term alliances are set up 12 ho claim their universal validity and, similarly, the "rules 29. According to some studies, traffickers frequently of honour" are ignored by criminal entrepreneurs w maintain control of illegal migrants once they reach the claim their unconditional faith in them II country of destination and force those trafficked to commit crime,engage in prostitution or work for low wages, although it has also been argued that girls and women are Points for discussion recruited in their home country and are promised jobs abroad but are later forced into prostitution. Studies have 26. In this chapter, a number of examples are given in an also shown that illegal migrants who use the services of attempt to prove that the intermingling of organized traffickers experience debt bondage and that, in addition to corporate and white-collar crime constitutes a specific transportation, smugglers charge exorbitant rents for feature of transnational illegal organizations. Some substandard, abandoned or even condemned housing,and remarks accompanying the examples given are intended to that debts force immigrants to work in sweatshops. 5 provide points of discussion and some food for thought. 30. It is inappropriate to portray such illicit business as 27. Among the illegal activities conducted by one exclusively characterized by a victimizer-victimized transnational organized crime, as already mentioned, those relationship. Thought should be given to the fact that there associated with the trafficking in human beings are bot illing victims, and that the very concept of trafficking should be properly unravelled if paramount. In this respect, some authors appear to assume other dynamics are to be brought to light. According to the that this activity is carried out by structured enterprises International Organization for Migration, for example engaged in specialistic, long-term undertakings. Related toA/CONF.187/6 5 the loan. Credible estimates suggest that the proportion of money laundered by organized crime only constitutes around 10 per cent of the overall amount of “hot money”.7, 9, 10 23. It is controversial whether organized criminal groups teach or learn from deviant entrepreneurs and politicians. It could be argued, for example, that transnational criminal groups that invest illicit proceeds in the official economy have learned from the techniques and the rationalizations of white-collar and corporate offenders, thus being, in a sense, corrupted by the economy rather than corrupting it. 24. Descriptions that characterize members of organized criminal groups as being too visibly different or perhaps too culturally and linguistically different, to become accepted in the business world do not consider how acceptance in that world is mediated by individuals and groups who act as go-betweens. The investment of criminal proceeds in the financial market, for example, forces organized crime to open up to, and establish connections with, mediators and agents who make pecunia non olet (money does not smell) their favourite motto. 25. In brief, the encounter between transnational organized crime and the official economy is not the result of an unnatural relationship between a harmonious entity and a dysfunctional one. Rather, it amounts to a joint undertaking of two loosely regulated worlds, both deviating from the rules they officially establish for themselves. For example, the rules of fair competition are often disregarded by those very legitimate entrepreneurs who claim their universal validity and, similarly, the “rules of honour” are ignored by criminal entrepreneurs who claim their unconditional faith in them.11 V. Points for discussion 26. In this chapter, a number of examples are given in an attempt to prove that the intermingling of organized, corporate and white-collar crime constitutes a specific feature of transnational illegal organizations. Some remarks accompanying the examples given are intended to provide points of discussion and some food for thought. 27. Among the illegal activities conducted by transnational organized crime, as already mentioned, those associated with the trafficking in human beings are paramount. In this respect, some authors appear to assume that this activity is carried out by structured enterprises engaged in specialistic, long-term undertakings. Related to this assumption is the implicit association of this type of activity with organized crime, therefore conveying the notion that those engaged are full-time criminal entrepreneurs who have developed expertise and accumulated resources in previous illegal activities. Other authors, instead, suggest that many of those involved in trafficking in human beings have no previous criminal record. Cases that have come to public attention suggest that the second proposition is as close to reality as the first. Enterprises involved in trafficking often derive their skills and expertise from the licit arena of business in which they operate. Travel agencies are involved, along with transport companies, at times in connection with informal employment agencies. Usually, none of the staff of such agencies and companies has a criminal record much less a link to organized crime. While committing offences that organized criminal groups also commit, companies may become partners of the latter, without sharing their overall culture and strategies. To define such companies as transnational organized crime adds to the definitional chaos that already characterizes this type of crime. Thought should, therefore, be given to the identification of more nuanced definitions. 28. Transnational organized crime should not be mistaken for activity conducted by centralized, highly structured organizations and ruthless market operators. Dispersed participants and diverse social actors are involved in networks in which opportunistic chances are taken and short-term alliances are set up.12 29. According to some studies, traffickers frequently maintain control of illegal migrants once they reach the country of destination and force those trafficked to commit crime, engage in prostitution or work for low wages,13 although it has also been argued that girls and women are recruited in their home country and are promised jobs abroad but are later forced into prostitution. Studies have also shown that illegal migrants who use the services of traffickers experience debt bondage and that, in addition to transportation, smugglers charge exorbitant rents for substandard, abandoned or even condemned housing, and that debts force immigrants to work in sweatshops.5 30. It is inappropriate to portray such illicit business as one exclusively characterized by a victimizer-victimized relationship. Thought should be given to the fact that there are both willing and unwilling victims, and that the very concept of trafficking should be properly unravelled if other dynamics are to be brought to light. According to the International Organization for Migration, for example
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