Interpol Pollution Crimes Working Group Assessing the Links between…

Interpol Pollution Crimes
Working Group

Assessing the Links
between Organised Crime
and Pollution Crimes


June 2006
Interpol Pollution Crimes Working Group. Links between Organised Crime and Pollution Crimes.




Executive Summary
The Interpol Pollution Crimes Working Group is undertaking a phased project to identify and
demonstrate whether there are linkages between pollution crimes and organised crime. The
output will be an evidence base, available to Interpol and others, that can be used to improve
capacity in enforcement and in turn effectiveness in tackling the growing presence of
organised criminals in the area of environmental crime.

There is growing research evidence from the UN and others that organised crime has evolved
significantly in recent years. A past (and perhaps continuing perception by some) is that
organised crime is masterminded by a "Mr Big", who if you remove will solve the problem.
What we now better understand is that this is now rarely the case. Organised crime often
involves small groups who come together on a "project" basis to commit certain criminal
activity, and when put under pressure will disperse only to join with other groups to form other
"projects" of criminality.

This makes the detection and tackling these crimes and offenders much more difficult and
consequently needs law enforcement to respond with new approaches, skills and tactics to
successfully disrupt and defeat these groups. Over a number of years there have been
persistent anecdotes of organised gangs / groups involved in pollution crimes. This project
sets out to assess whether there is such a link in practice.

The first phase of the project was to undertake a survey, by questionnaire, across
participating countries to develop a qualitative picture of the links between organised crime
and pollution crime. It is intended that the case studies and evidence base from Phase 1 of
the project will be used to design a more detailed survey across a greater number of countries
to understand quantitative linkages in Phase 2 of the project. This report presents the findings
of Phase 1 of the project.

The countries participating in the research were the UK, USA, Canada, Sweden and the
Netherlands. In additional further written sources of cases studies were found that allowed a
larger evidence base to be compiled.

It was agreed by the project Group that information would be collated on closed case study
examples, in line with an agreed working description of organised crime. It was agreed that
the definition of organised crime according to the 2001 UN Convention against Transnational
Organised Crime would be used as a working description for the purposes of this project:

 "organised criminal group" is "a structured group of three or more persons, existing for a
period of time and acting in concert with the aim of committing one or more serious crimes or
offences established in accordance with this Convention, in order to obtain directly or
indirectly a financial or other material benefit".

The project group debated and discussed as the project progressed the appropriate working
description of organised crime to use for the study. Whilst initially a slightly different
description was used when a request for case studies was issued, the group finally settled on
the UN definition in order to ensure consistency with international work on this subject. We
are satisfied that the case studies provided are consistent with this definition.
Interpol Pollution Crimes Working Group. Links between Organised Crime and Pollution Crimes.



The collation of case studies was focussed on three sectors:

·     Import and export of waste - eight case studies were provided on this type of crime,
      from Sweden, Canada, Italy, USA, Mexico, Japan and Germany.
·     Disposal of hazardous waste - Twenty case studies relating to crimes associated with
      disposal of hazardous waste were collated from the USA, the UK and Italy.
·     Movement of ozone depleting substances - Seven case studies were collated from
      Sweden, the USA and Canada.

One case study does not relate to one of the three selected sectors but has been included to
demonstrate a link between environmental hazards and terrorism

It is concluded that an initial evidence base to link pollution crimes with organised crime has
been established. 36 case studies have been collated providing examples of illegal
import/export of waste, illegal hazardous waste disposal and illegal movement of ozone
depleting substances.

The examples originate from a range of countries and provide information on the type, toxicity
and quantities of wastes involved the outcomes of prosecution, and the links between cases,
with organised crime and with non environmental offences. The 36 case studies were collated
from just five countries participating in the study, plus one documented source, with the
majority of incidents occurring over a ten year period from 1995 to 2005. The survey was also
limited to closed cases. Therefore the case studies reported here are likely to represent a
small sample of a much larger catalogue of pollution crimes.

For the majority of case studies the links to organised crime are self evident owing to the
number of individuals and organisations involved in the offence, the period of criminal activity,
and the nature of criminal activity (smuggling, fraud, money laundering, tax evasion,
falsification of records etc). For some of the examples collated, the links to other crimes and
to organised crime are not as defined, and this is an area where further research would be
beneficial.


Some of the case studies provide evidence of the link between terrorism and pollution crimes.
For example, 15 case studies of illegal waste disposal associated with diesel laundering were
collated from the UK, and it is noted that red diesel laundering is often linked to terrorist
groups in Northern Ireland. Terrorism relies on some element of organised criminal activity,
for example to generate funding, and further research is required on the links between
pollution crime and terrorism.


The case studies provide examples of the profitability of illegal activity (e.g. an organised
process to export and `launder' hazardous wastes through companies in the USA and return
the waste to Canada for disposal made a total estimated profit of $2.48 million (CAD) over an
8 month period), and the outcomes of prosecution (e.g. the sentence for the smuggling of
ozone depleted gases was 78 months in prison, costs of $1.8 million and fines of $12500).

Information is also provided on the pervasiveness of the criminal activity, in terms of the
periods over which the crimes are occurring and the numbers of individuals or organisations
involved. For example, illegal asbestos removal in the USA occurred over a ten year period
Interpol Pollution Crimes Working Group. Links between Organised Crime and Pollution Crimes.



with the illegal action affecting over 1500 facilities and 500 workers throughout the State of
New York.

Information (some unsubstantiated or anecdotal) is also provided on the wider environmental
and health impacts of these crimes, with examples including:

·     In Canada, hazardous wastes would be combined together to make a highly flammable
      and toxic mixture, then sold as a fuel for boilers in schools, greenhouses, furnaces and
      kilns.
·     It is alleged that radioactive waste from Italy dumped in Somalia may have affected the
      health of Italian soldiers based there with a UN force in the mid-1990s, and other
      alleged health effects include the increase in cancer rates in Somalia linked to the
      toxicity of wastes dumped in the country.
·     Waste is illegally disposed of in Italy through mixing it with cement used in building
      homes, with asphalt for paving streets, and with fertilizer which is subsequently applied
      to land used for dairy cattle.
·     Dust contaminated with cadmium and lead is mixed with fertilizer and exported from the
      USA to Australia and Bangladesh, with associated serious health risks.



The project group recommends that the next steps in this research would be:

·     to analyse the data base of information collated to identify potential patterns and trends
      of criminal activity,

·     to expand the survey to collate more case studies and increase the data base of
      information as a basis for this analysis,

·     to seek quantitative information as part of the survey for both existing and new case
      studies sought.

The Project Group has identified that this analysis should focus on quantifying the links
between pollution crime and organised crime, as well as identifying the profitability of crimes
and the pervasiveness of criminal activity, in terms of the period over which it occurs and the
number of individuals or parties involved and affected.

Furthermore, the Project Group has discussed the possibility of focussing the second phase
of research on particular industries, or types of waste, and would welcome the views of the
Interpol Pollution Crimes Working group on these issues.