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.

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.

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.

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.

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.

Cover -- Contents -- List of Illustrations -- Acknowledgments -- Abbreviations -- Introduction -- 1 The State Reaction and Illicit-Network Resilience -- 2 The Arellano Félix Organization's Resilience -- 3 The State Reaction -- 4 The Sinaloa Cartel, Los Zetas, and Los Caballeros Templarios -- Conclusion -- Appendix: Comparison of Territorial versus Transactional Drug-Trafficking Networks -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z

"Essential reading."-Steve Coll, NewYorker.com A gripping, sobering account of how Mexican drug gangs have transformed into a criminal insurgency that threatens the nation's democracy and reaches across to the United States. The world has watched, stunned, the bloodshed in Mexico. Forty thousand murdered since 2006; police chiefs shot within hours of taking office; mass graves comparable to those of civil wars; car bombs shattering storefronts; headless corpses heaped in town squares. And it is all because a few Americans are getting high. Or is it part of a worldwide shadow economy that threatens Mexico's democracy? The United States throws Black Hawk helicopters, DEA assistance, and lots of money at the problem. But in secret, Washington is at a loss. Who are these mysterious figures who threaten Mexico's democracy? What is El Narco? El Narco is not a gang; it is a movement and an industry drawing in hundreds of thousands, from bullet-riddled barrios to marijuana-covered mountains. The conflict spawned by El Narco has given rise to paramilitary death squads battling from Guatemala to the Texas border (and sometimes beyond). In this "propulsive ... high-octane" book (Publishers Weekly), Ioan Grillo draws the first definitive portrait of Mexico's cartels and how they have radically transformed.

The book takes a hard hitting look at the drug wars taking place in Mexico between competing gangs, cartels, and mercenary factions; their insurgency against the Mexican state; the narco-violence and terrorism that is increasingly coming over the border into the United States, and its interrelationship with domestic prison and street gangs. Analysis and response strategies are provided by leading writers on 3GEN gang theory, counterterrorism, transnational organized crime, and homeland security. Narcos Over the Border is divided into three sections: narco-opposing force (NARCO OPFOR) organization and technology use; patterns of violence and corruption and the illicit economy; and United States response strategies. The work also includes short introductory essays, a strategic threat overview, an afterword and selected references. Specific topics covered include: advanced weaponry, internet use, kidnappings and assassinations, torture, beheadings, and occultism, cartel and gang evolutionary patterns, drug trafficking, street taxation, corruption, and border firefights. This book was published as a special issue of Small Wars and Insurgencies.