A Story of Organized Crime: Constructing Criminality and Building Institutions. Monique Michaëla Mann B. Psych Sc. B. CCJ (hons) - PDF

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A Story of Organized Crime: Constructing Criminality and Building Institutions Monique Michaëla Mann B. Psych Sc. B. CCJ (hons) School of Humanities Arts, Education and Law Griffith University Submitted

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A Story of Organized Crime: Constructing Criminality and Building Institutions Monique Michaëla Mann B. Psych Sc. B. CCJ (hons) School of Humanities Arts, Education and Law Griffith University Submitted in fulfillment of the requirements of the degree of Doctor of Philosophy July ABSTRACT This is a narrative about the way in which a category of crime-to-be-combated is constructed through the discipline of criminology and the agents of discipline in criminal justice. The aim was to examine organized crime through the eyes of those whose job it is to fight it (and define it), and in doing so investigate the ways social problems surface as sites for state intervention. A genealogy of organized crime within criminological thought was completed, demonstrating that there are a range of different ways organized crime has been constructed within the social scientific discipline, and each of these were influenced by the social context, political winds and intellectual climate of the time. Following this first finding, in-depth qualitative interviews were conducted with individuals who had worked at the apex of the policing of organized crime in Australia, in order to trace their understandings of organized crime across recent history. It was found that organized crime can be understood as an object of the discourse of the politics of law and order, the discourse of international securitization, new public management in policing business, and involves the forging of outlaw identities. Therefore, there are multiple meanings of organized crime that have arisen from an interconnected set of social, political, moral and bureaucratic discourses. The institutional response to organized crime, including law and policing, was subsequently examined. An extensive legislative framework has been enacted at multiple jurisdictional levels, and the problem of organized crime was found to be deserving of unique institutional powers and configurations to deal with it. The social problem of organized crime, as constituted by the discourses mapped out in this research, has led to a new generation of increasingly preemptive and punitive laws, and the creation of new state agencies with amplified powers. That is, the response to organized crime, with a focus on criminalization and enforcement, has been driven and shaped by the four discourses and the way in which the phenomenon is constructed within them. An appreciation of the nexus between the emergence of the social problem, and the formation of institutions in response to it, is important in developing a more complete understanding of the various dimensions of organized crime. 2 STATEMENT OF ORIGINALITY This work has not previously been submitted for a degree or diploma in any university. To the best of my knowledge and belief, the thesis contains no material previously published or written by another person except where due reference is made in the thesis itself. Monique M. Mann July CONTENTS ACKNOWLEDGEMENTS p. 6 CHAPTER 1: INTRODUCTION Introduction p. 10 Chapter structure: The narrative that follows p. 11 CHAPTER 2: METHOD Aim and paradigm p. 13 Data collection: Fast forward p. 15 Ethical considerations p. 16 Archival data collection p. 20 Interview data collection p. 22 Analysis of interview and archival data p. 28 Validity, reliability and generalizability p. 31 CHAPTER 3: GENEALOGY OF CRIMINOLOGICAL THOUGHT Introduction p. 35 Organized crime p. 36 Syndicated crime p. 38 Family business p. 40 Illicit/illegal enterprise p. 42 Disorganized crime p. 46 Criminal networks p. 48 Glocal crime p. 49 Conclusion p. 50 CHAPTER 4: THE EMERGENCE OF ORGANIZED CRIME Introduction p. 52 The politics of law and order p. 53 Tough on crime p. 55 Threats to social order p. 57 Against the tide: Preventative partnerships p. 62 Securitization and the war on organized crime p. 63 Developing an international security agenda p. 65 U.S. led campaign: Drugs, money laundering and the UNCTOC p. 68 Metaphors of war p. 76 The rise of New Public Management: The business of policing organized crime p. 79 Problem construction through measurement p. 85 Performance measurement: ROIs and KPIs p. 90 Turf protection and budgets p. 95 The forging of outlaw identities p. 97 Status and identity p. 102 Media bites p. 103 Migrants and importing organized crime to Australia p. 104 Case study 1: The Mafia in New South Wales p. 108 Case study 2: Threat from the east: Asian organized crime in Cabramatta p De-racializing organized crime p. 113 A new lexicon: Constructing the East Coast Criminal Milieu p. 115 Case Study 3: The war on bikie wars p. 117 Conclusion p. 121 CHAPTER 5: INSTITUTIONALIZING RESPONSES TO ORGANIZED CRIME Introduction p. 123 Criminalizing organized crime p. 124 International obligations: The UNCTOC p. 125 Realizing obligations: Australian Commonwealth arrangements p. 126 Exceeding obligations: Zero tolerance crackdowns in Australian States and Territories p. 129 Interrogating legal conceptions of organized crime p. 143 Quantitative group-based model p. 144 Qualitative seriousness of offence p. 146 Drawing boundaries around conceptual plurality p. 147 Role of police and police unions in law reform p. 149 Reactive versus proactive turns in law p. 152 Extraordinary crime and extraordinary powers: Powerful tools or burdens for police? p. 153 New state agencies: The law enforcement complex p. 157 Institutional transformations: Centralization and hybridization p : The National Crime Authority p. 162 Enter the Australian Crime Commission p. 165 The Board and the CEO: Commercial governance or executive interference? p. 168 The potential for corruption: Safeguarding the system p. 170 Whole-of-government responses: The COCSF p. 174 The transnational dimension: Transnational organized crime, the AFP and the advent of glocal policing p. 178 The actions and implications of intelligence and policing p. 182 Intelligence as an apparatus of production p. 183 Classified work and blinkered perspectives p. 190 Challenges of policing organized crime p. 192 Futility of criminalization: Alternatives to enforcement p. 196 Conclusion p. 200 CHAPTER 6: CONCLUSION p. 201 REFERENCES p. 205 FIGURES Figure 1. The relationship between the four discourses of organized crime p. 52 TABLES Table 1. Summary of laws and legal challenges p ACKNOWLEDGEMENTS It is often said that the PhD journey is a solitary experience. I agree. I have spent uncountable hours alone writing the contents of these very pages. But I have never felt lonely in my PhD journey. And for that I thank the following: I thank the academic and administrative staff of the School of Criminology and Criminal Justice (CCJ) at Griffith University from where I first set off on this journey. I thank Michael Townsley for being my first real mentor and setting me on the path of research. I thank Catrin Smith for being the first to introduce me to qualitative research and critical theory. I thank Philip Stenning for being my academic grandfather, defending me at my confirmation seminar when I could not answer all the questions, thoroughly reading and providing helpful feedback on the entirety of Chapters 2 and 5, and pulling me up on my use of data as a singular. I thank Hennessey Hayes for advice on ethical matters and navigating the process of HREC applications. I extend a special thank you to Melissa Bull for introducing me to the works of Foucault and the messiness of social science research, while always pointing out the importance of attending to the conditions of possibility. I thank the academic and administrative staff of the Key Centre for Ethics, Law, Justice and Governance (KELJAG) at Griffith University. I thank Sandra Hart for her calm motherly nature and always managing to find time for me in Sidney s busy schedule. I thank Noel Sharma for the practical assistance she provided regarding my space in M07 and travel to conduct fieldwork. I thank the academic and administrative staff of the Australian Research Council Centre of Excellence in Policing in Security (CEPS) at Griffith University. I thank Melanie Davies for finding time for me in Simon s busy schedule, and Angie Bird who took over this task in I thank Joyce Wang and Vicki Ward for managing my travel expenses. I thank former HDR convenor Louise Porter for telling me to keep calm and carry on in the face of all the administrative requirements. CEPS was my home for a significant chunk of this work and I will always hold fold memories of the people, the intellectual climate and the nervous times waiting for supervisory meetings on the red chairs. 6 I thank the academic and administrative staff of the Regulatory Institutions Network (RegNet) at the Australian National University (ANU) for adopting me for a short time in I thank Julie Ayling for being the best external confirmation examiner one could hope for, and for her comprehensive comments on earlier versions of this work. I thank Julie for inviting me to her institution and into her home. I thank Peter Grabosky for the interesting conversations across the hallway and the many book recommendations. Sandy Gordon, Grant Wardlaw, Clarke Jones and John McFarlane provided valuable insights into the topics of organized crime and policing. I thank the Organized Crime and Illicit Trafficking Branch (OCB) of the United Nations Office on Drugs and Crime (UNODC) for the opportunity to spend time at the United Nations Offices in Vienna, attend the 6 th session of the Conference of the Parties to the UNCTOC, and gain first hand experience into some of these issues as they are negotiated at an international/intergovernmental level. I thank my supervisory three- Tejal Jesrani, Riikka Puttonen and Stephanie Jung- for all their guidance in the finer points of diplomacy and international relations. Special mention to Steve Thurlow for his mentorship and introducing me to an entirely new set of issues associated with OC at sea. I thank Robyn Mace for providing a connection to the academy amongst all the bureaucracy, and encouraging me to cast a critical eye over the system. I thank my colleagues at the Australian Institute of Criminology (AIC), where I concluded my PhD journey. I thank Rick Brown for the offer of employment when my APA ran dry. I thank Matthew Willis for allowing me to start at 9:30am so I could carve out a little more precious writing time in the mornings. I thank Anthony Morgan for negotiating a little study leave on my behalf so I could get this across the finish line on time. I thank all the librarians that have assisted me in compiling the necessary literature and locating a countless number of obscure archival documents, some of which have never been made publicly available. At Griffith University I thank Sandra Reis for arranging my interlibrary loans and readily granting me extensions to the return dates when requested. I extend great thanks to the staff of the J. V. Barry library at the AIC and especially Janine Chandler and Maureen Lee for their help sourcing documents, 7 showing me how to conduct National Archive searches and arranging many interlibrary loans during the write up phase of the project. I extend thanks to the staff at the Australian Federal Police (AFP) library, especially Anne Heathwood and Catherine James, for allowing me to come and ferret around in the AFP collection and borrow as many books as I wanted. I thank the many people who took the time to discuss their interests in this project with me. These included, but are not limited to, Mandy Carter and her team at the Australian Crime Commission (ACC), Christopher Black at the AFP, John Walker and Craig Harris. I thank those who attended my presentation at the International Serious and Organized Crime Conference (ISOC) 2013, and in particular the ones who stuck around to converse with me after, even though it was bordering on cocktail hour. I thank Andrew Ede at the Queensland Department of Premier and Cabinet for inviting me to a research roundtable and thereby allowing me to share my thoughts with policy makers. I thank the anonymous Informants who freely contributed their time and insights, without which, this work would simply not exist. I thank my colleagues and fellow PhD cohort for keeping the morale high as we travelled along this route together. Special mention to Ross Harvey for giving me the best advice on how to approach the PhD: have fun! Li Erickson, Rebecca Wallis, Marni Manning, Mateja Mihinjac, Christopher Dowling, Winnie Chiu, Helena Menih, Nader Khatib, Helen Punter and David Berkman were fun to be around. I thank each of them for their support and providing a collegial atmosphere in M07. I thank the gang at the Safety Science Innovation Lab: Roel van Winsen, David Weber and Daniel Hummerdal. I never could have imagined doing a PhD on organized crime would teach me so much about aviation! Thank you for accepting me into your fold even though I do not know how to fly. I extend great thanks to Ebony King for sharing the stress of the submission process, and helping me secure all the necessary signatures. 8 I thank Eder Henriqson for helpful conversations and advice on how to approach analysis. I thank Jim Nyce for translating Giddens structuration thesis into terms that I could understand. I thank all the participants of the numerous learning/writing labs and reading groups I participated in over the years. Our debates helped me develop as a critical thinker. I thank Johannes Krebs for being my one link to the academy, and Vienna, whilst in Canberra, and also for his company on Sunday afternoons as we both pushed forward to first full draft in the reading rooms of the Australian National Library. I can only hope one day to find both of our works housed there. I thank my dear friends Emily Young and Willow Bryant for sticking post-it notes above my desk that said they believe in me, and I also thank Willow for help with proofreading. I thank the esteemed gentleman and raconteur Tom Åkerström for checking in on Skype every Sunday night and telling me interesting stories about a world outside my own. This kept me sane during the write up. I thank the Mann clan for everything they have done that has enabled me to do this. I thank Wanda and Steve for having me back at home when I needed one. I thank Benny for not playing his drums when I said I could not concentrate. I thank Frankie for letting me escape to Sydney from time to time. And last but certainly not least. I thank Sidney Dekker and Simon Bronitt for their supervision. I could not have been more fortunate to have them as my mentors and advisers. I feel truly privileged to have been able to work so closely with such outstanding thinkers and prolific writers over the preceding years. They have contributed immeasurably to my development as a scholar, and a person. Monique M. Mann July 2014, Canberra 9 CHAPTER 1: INTRODUCTION INTRODUCTION In the Australian State of Queensland it is a criminal offence for three or more persons, on the basis of their status alone, to gather in a public place (s.42 Criminal Law (Criminal Organizations Disruption) Amendment Act 2013 (QLD)). While one of the more contentious measures, this is but one of a range of new legal powers that have been enacted to deal with the problem of organized crime in Australia. These powers are preemptive and discriminatory, and interfere with the fundamental rights and freedoms of individuals. An important motivation for the line of inquiry pursued in this thesis is to understand the rationalities that have supported and led to this approach. But the questions asked in this thesis go further than that. The broader aim is to examine the way in which social problems emerge as sites for intervention. This examination enters the fray by exploring the historical trajectory leading to the present situation in which such responses are considered solutions; where a problem emerges as deserving of certain re/actions. In doing so, in Foucauldian terms, a history of the present is written, charting the connection between knowledge of a social problem and the actions that are taken against it. This was achieved, in part, by speaking to a small sample of policy and policing leaders who have played important roles in the construction of the problem and the development of responses to it. The aim was to examine the phenomenon through their eyes and to understand their social realities. The primary empirical data collected and analyzed in this research, forms the basis of this original and unique contribution, that delineates the way in which criminality is constructed and institutions are built around it. At its core, this is a narrative about the way in which a category of crime-to-be-combated is created through the discipline of criminology and the agents of discipline in criminal justice. It is shown that understandings of organized crime are contingent on the social and historical conditions of possibility. Then, the ways in which this problem is institutionalized, and some of the consequences and alternatives to this approach, are explored. It is an interesting contradiction and finding that despite the mutability of the phenomenon in question, an extensive legislative and bureaucratic architecture could, and has been, created to deal with it. In this way, organized crime becomes real in its consequences. 10 CHAPTER STRUCTURE: THE NARRATIVE THAT FOLLOWS This thesis is divided into six chapters. The present chapter provides an introduction to the context, content and structure of the thesis. The aim is to examine organized crime through the eyes of those whose job it is to fight it (and define it), and in doing so investigate some of the ways social problems surface as sites for state intervention. Chapter 2 contains the method of research, outlining and establishing the rationale for the how and what of data collection and analysis. The aim, paradigm, method and methodology are discussed. Ethical considerations, and the way they influenced the data that could be collected and presented, are described. The techniques through which primary and secondary data were collected, including sampling procedures, details of the sample, and interview questions, are presented. The analytic strategies, and the difficulties encountered in developing these, are explained. Within the paradigm of the research, issues of generalizability, reliability and validity are considered. This chapter is the epicenter of the research in that the results, and the discussion of them, flow from and are structured according to this. Chapter 3 presents a genealogy of organized crime within criminological thought. It was found that there are a range of different ways that organized crime has been constructed within the social scientific discipline, and that each of these were influenced by the social context, political winds and intellectual climate of the time, meaning these scientific truths are contingent. Importantly, through criminology s authority as a science and its authority over the scientific truth of organized crime, it plays a central role in creating and legitimating categories of crime. This first finding supported situating this thesis within the epistemological framework of social constructionism, which led to questioning the ways in which understandings of organized crime have emerged in discourse. Chapter 4 traces four discourses that have emerged in relation to the Informants understanding of the social phenomenon in the context of recent Australian history. While this examination is historical, it is important because it provides a new level of understanding of the current moves in law, contextualizing 11 and setting the scene for the institutionalization of the social problem. It was found that organized crime can be understood as an object of the discourse of the politics of law and order, the discourse of international securitization, new public management in policing business and in
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