Cartel Criminality

Anti-competitive business cartels, engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. The longstanding condemnation under the US Sherman Act of 1890 has been taken up (although in a rather different form) during the last thirty years in the EC/EU and in European national jurisdictions in particular, but also in a range of countries outside North America and Europe. Legal control has not only extended geographically but has intensified, as a number of jurisdictions have moved beyond administrative regulation and penalties to embrace enforcement through civil liability and (most significantly in terms of policy and rhetoric) the methods of criminal law. It is therefore timely to consider critically this development of legal control and assess its achievement to date and its future prospects. But such an exercise requires an understanding of the reasons and need for such regulation, based on a clear appreciation of the nature and extent of the economic and social malaise which is its subject. What, more exactly, are such business cartels, why do they come into existence and persist, why are they regarded as being so bad, and what are the objectives within this increasingly complex and multi-level phenomenon of legal control? By seeking to answer such fundamental questions, this book sets a research agenda for a pathology, aetiology and criminology of business cartels, and probes more accurately their nature, operation, endurance and perceived delinquency.

Anti-competitive business cartels, engaging in practices such as price fixing, market sharing, bid rigging and restrictions on output, are now subject to strong official censure and rigorous legal control in a large number of jurisdictions across the world. The longstanding condemnation under the US Sherman Act of 1890 has been taken up (although in a rather different form) during the last thirty years in the EC/EU and in European national jurisdictions in particular, but also in a range of countries outside North America and Europe. Legal control has not only extended geographically but has intensified, as a number of jurisdictions have moved beyond administrative regulation and penalties to embrace enforcement through civil liability and (most significantly in terms of policy and rhetoric) the methods of criminal law. It is therefore timely to consider critically this development of legal control and assess its achievement to date and its future prospects. But such an exercise requires an understanding of the reasons and need for such regulation, based on a clear appreciation of the nature and extent of the economic and social malaise which is its subject. What, more exactly, are such business cartels, why do they come into existence and persist, why are they regarded as being so bad, and what are the objectives within this increasingly complex and multi-level phenomenon of legal control? By seeking to answer such fundamental questions, this book sets a research agenda for a pathology, aetiology and criminology of business cartels, and probes more accurately their nature, operation, endurance and perceived delinquency.

In recent years, the south-western border of the United States has come under increasing pressure from the activities of Mexican narco-insurgents. These insurgents have developed rapidly from beginnings as nebulous gangs into networked cartels that have exposed the porosity of the border. These cartels declare no allegiance to any nation and are engaging in asymmetrical warfare against sovereign states throughout Mexico and in Central America. Within such states, de facto political control is shifting to the cartels in the ‘areas of impunity’ that have emerged. This book addresses these concerns and focuses on the criminal insurgencies being waged by the gangs and cartels. It is divided into sections on theory, Mexico, and the Americas and contains a number of introductory essays pertaining to this premier security threat to the United States and her allies in the region. Topics covered include criminal and spiritual insurgency, cartel weapons, corruption, feral cities, Los Zetas, politicized gangs, and threat analysis in Central America. This book will be a valuable resource to scholars in the fields of regional security, criminal justice and American Studies. It will be of great benefit to military and civil policymakers and practitioners in the areas of law enforcement and counternarcotics. This book was published as a special issue of Small Wars and Insurgencies.

Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.

Mexico's Drug War and Criminal Networks examines the effects of technology on three criminal organizations: the Sinaloa cartel, the Zetas, and the Caballeros Templarios. Using social network analysis, and analyzing the use of web platforms Facebook, Twitter, and YouTube, Nilda M. Garcia provides fresh insights on the organizational network, the central nodes, and the channels through which information flows in these three criminal organizations. In doing so, she demonstrates that some drug cartels in Mexico have adopted the usage of social media into their strategies, often pursuing different tactics in the search for new ways to dominate. She finds that the strategic adaptation of social media platforms has different effects on criminal organization’s survivability. When used effectively, coupled with the adoption of decentralized structures, these platforms do increase a criminal organization’s survival capacity. Nonetheless, if used haphazardly, it can have the opposite effect. Drawing on the fields of criminology, social network analysis, international relations, and organizational theory and featuring a wealth of information about the drug cartels themselves, Mexico's Drug War and Criminal Networks will be a great source for all those interested in the presence, behavior, purposes, and strategies of drug cartels in their forays into social media platforms in Mexico and beyond.

A frightening look at Mexico's new power elite—the Mexican drug cartels The members of Mexico's drug cartels are among the criminal underworld's most ambitious and ruthless entrepreneurs. Supplanting the once dominant Colombian cartels, the Mexican drug cartels are now the major distributor of heroin and cocaine to the U.S. and Canada. Not only have their drugs crossed north of the border, so have the cartels (in 2009, 230 active Mexican drug cartels have been reported in U.S. cities). In Gangland, bestselling author Jerry Langton details their frightening stranglehold on the economy and daily life of Mexico today—and what it portends for the future of Mexico and its neighbours. Offering a firsthand look from members of law enforcement, politicians, journalists, and people involved in the drug trade in Mexico and Canada, Gangland sheds a harsh light on the multibillion dollar industry that is the drug trade, the territorial wars, and the on-the-street reality for the United States, with the importation of narco-terrorists. With the unstinting realism and keen analysis that have made him an internationally respected journalist, Langton offers the bleak prospects of what a collapsed government in Mexico might lead to—a new Mexican warlord state not unlike Somalia. Details the emergence of the Mexican drug cartels—the transformation of middlemen who ferried drugs from Bolivia and Colombia to the U.S. and Canada into self-styled entrepreneurs Describes how the growth of the cartels led to violent territorial wars—with Felipe Calderon declaring war on the cartels in 2006 Offers a frightening look at how much the incursion of the drug cartels has affected American life and business—Wachovia and Bank of America have been found guilty of laundering cartel profits An unflinching examination of the world's most lucrative—and deadliest—drug cartel, Gangland lets readers explore, with brutal clarity, the newest front on America's latest war.

One of the most surprising developments in Mexico's transition to democracy is the outbreak of criminal wars and large-scale criminal violence. Why did Mexican drug cartels go to war as the country transitioned away from one-party rule? And why have criminal wars proliferated as democracy has consolidated and elections have become more competitive subnationally? In Votes, Drugs, and Violence, Guillermo Trejo and Sandra Ley develop a political theory of criminal violence in weak democracies that elucidates how democratic politics and the fragmentation of power fundamentally shape cartels' incentives for war and peace. Drawing on in-depth case studies and statistical analysis spanning more than two decades and multiple levels of government, Trejo and Ley show that electoral competition and partisan conflict were key drivers of the outbreak of Mexico's crime wars, the intensification of violence, and the expansion of war and violence to the spheres of local politics and civil society.

Concerns over the changing nature of gangs and cartels and their relationships to states in the late 20th and early 21st centuries has resulted in the emergence of a scholarly body of work focused on their national security threat potentials. This body of work, utilizing the third generation gangs and third phase cartel typologies, represents an alternative to traditional gang and organized crime research and one that is increasingly influencing the US defense community. Rather than being viewed only as misguided youth and opportunistic criminals or, in their mature forms, as criminal organizations with no broader social or political agendas, more evolved gangs and cartels, are instead seen as developing political, mercenary, and state-challenging capacities. This evolutionary process has emerged due to the growing illicit economy and other unintended consequences of globalization.This important anthology of writings by Robert J. Bunker and John P. Sullivan draws upon a collection of their works from the mid-1990s to the present with the addition of new essays written specifically for this publication. The work will be of great interest to academics and students in the fields of political science and criminal justice and to military, law enforcement, and governmental professionals and policy makers.This book is a collection of new and previously published works from a variety of publications, a full list of which is on the Citation Information page.

Looks at the extremely violent criminal drug cartels that have arisen in Mexico, maintaining that the phenomenon has in fact turned into a broad-based insurgency in support of drug traffic profits.

An up-to-date examination of Mexico's version of the "War on Drugs" that exposes the evolution of major cartels and their corruption of politicians, law-enforcement agencies, and the Army. What can President Enrique Peña Nieto do to curb the narcotics-induced mayhem in Mexico, and what would be the consequences to the United States if he fails? This book analyzes Mexico's transition from a relatively peaceful kleptocracy controlled by the Tammany-Hall style Institutional Revolutionary Party/PRI (1929–2000) to a country plagued by rural and urban enclaves of grotesque violence. The author examines the major drug cartels and their success in infiltrating American and Mexican businesses; details the response from the Obama administration; assesses the threat that the continuing bloodshed represents for the United States; and emphasizes the constraints on America's ability to solve Mexico's crisis, despite U.S. contributions of intelligence, military equipment, training, and diplomatic support.