Chapter 1CULTURAL DIVERSITY.......................................................................................................71.1 A view on discrimination...........................................................................................71.2 Discrimination..........................................................................................................81.2.1 Negative discrimination..........................................................................................81.2.3 Police woman......................................................................................................10Conclusion..................................................................................................................12Exercises.....................................................................................................................16

Chapter 2TRAFFIC POLICE................................................................................................................182.1. Street signs............................................................................................................182.2 Parts of a vehicle ...................................................................................................192.3 Traffic offences......................................................................................................202.4 Traffic collisions.....................................................................................................212.5. Vehicle crime: smuggling.......................................................................................232.7. Role of the Police: investigations and prosecution.....................................................272.8 Traffic Police Actions (examples).............................................................................30

Chapter 3DOMESTIC VIOLENCE......................................................................................................323.1 Forms of domestic violence.....................................................................................333.2 Counseling for person affected.................................................................................343.4 UNICEF National Committees protecting people, children..........................................373.5 Police intervention..................................................................................................373.6 Signals of abusive behaviour....................................................................................383.7 Abusive manipulative tactics....................................................................................383.8 The cycle of violence in domestic abuse....................................................................41Case study...................................................................................................................41

Chapter 4ORGANIZED CRIME...........................................................................................................434.1 Human trafficking...................................................................................................434.2 Emigrants...............................................................................................................444.3 The vital role of culture...........................................................................................464.4 Terrorism...............................................................................................................474.5 Money laundering...................................................................................................484.6 Illegal drug trade.....................................................................................................494.8 Cyber crime............................................................................................................524.9 Immigration phenomenon........................................................................................53Conclusions.................................................................................................................56Exercises.....................................................................................................................58

Chapter 5CRIME AND PUNISHMENT SYSTEM..............................................................................615.1 Law importance......................................................................................................615.2 Types of crimes......................................................................................................62Crime and punishment..................................................................................................655.3 Types of punishment...............................................................................................67

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5.4 A historical approach of crime and punishment..........................................................69Conclusions.................................................................................................................705.5. Offenses................................................................................................................73

Chapter 6CRIMINAL INVESTIGATIONS AND FORENSICS........................................................766.1 Research on the spot................................................................................................766.2 The sampling..........................................................................................................776.3 Portrait of the suspect..............................................................................................786.4 Prosecution office...................................................................................................796.5 Forensics Kit..........................................................................................................816.6 Police procedures and criminal investigation methods................................................826.7 Responsabilities of the investigator...........................................................................846.8 Official Records & Mug Shots.................................................................................866.9 Aspects of Miscarriages of Justice............................................................................87

Chapter 7ECONOMIC CRIMES...........................................................................................................947.1 Recent examples of economic crime.........................................................................957.1.1 Bait and Switch Schemes......................................................................................967.1.2 Pigeon drop schemes............................................................................................977.1.3 Credit Card Theft.................................................................................................97Conclusions...............................................................................................................100

Chapter 8BRIBERY AND CORRUPTION........................................................................................1048.1 Definition of corruption.........................................................................................1048.2 Costs of Corruption...............................................................................................1068.3 Figh against corruption..........................................................................................107Conclusions...............................................................................................................109Exercises...................................................................................................................110

Chapter 9PIRACY, FORGERY AND COUNTERFEITING...........................................................1179.1. Defining Intellectual property................................................................................1179.2. Registration and Certification................................................................................1199.3. International, Regional and National Registration....................................................1199.4. Strategic Value of a Registered Right.....................................................................1209.5. Case Study..........................................................................................................1219.6. Forgery...............................................................................................................1239.7. Counterfeiting......................................................................................................1249.7.1. Protection against counterfeiting.........................................................................1259.8. Piracy.................................................................................................................1269.8.1. Insights into piracy............................................................................................1299.8.2. Piracy costs.......................................................................................................1309.8.3. Revenue loss.....................................................................................................1309.8.4. Identification of genuine....................................................................................131Exercises...................................................................................................................131

Chapter 10

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BANK FRAUD......................................................................................................................15610.1. Causes that lead to bank fraud.............................................................................157Exercises...................................................................................................................160

Chapter 11TAX EVASION.....................................................................................................................17111.1. Abstract.............................................................................................................17111.2. “Tax evasion has always been active and ingenious because the fiscality hitting the

individualsin their fortune, it scratches their most sensitive part: their monetary interest”...........171

11.3. Constitutive elements..........................................................................................17211.4. Sociologic Manifestations of Tax Evasion............................................................17211.5. Technical Manifestations of tax evasion...............................................................173Exercises...................................................................................................................174

Chapter 12POLICE REPORT WRITING............................................................................................18212.1. What is a report?................................................................................................18212.2. Police report writing...........................................................................................18212.3. Samples of police reports....................................................................................18312.4. Investigation police reports..................................................................................18412.4.1 Elements of a police report................................................................................18412.4.2 The preliminary police report.............................................................................18412.4.3 Excellency in police report writing.....................................................................18512.5. Types of police reports........................................................................................185

Chapter 13THE ORGANIZATIONAL CHART OF ROMANIAN MINISTRY OF ADMINISTRATION AND INTERIOR.............................................................................18913.1. The logo............................................................................................................18913.2. Romanian Police................................................................................................19013.3. Police commissioned ranks..................................................................................19113.4. Main institutions of the Ministery of Interior.........................................................19213.4.1. Romanian General Inspectorate for Emergency Situations...................................19213.4.2. Romanian Border Police (Romanian: Poliţia de Frontieră)...................................19213.4.4. Romanian Gendarmerie (Romanian: Jandarmeria Română).................................19213.5. Territorial organizations......................................................................................19313.6. A presentation....................................................................................................194

Chapter 14ETHICS AND PROFESSIONAL DEONTOLOGY..........................................................20614.1. Definition of ethics.............................................................................................20614.2. Ethical conduct, decisions, and communication?...................................................20714.3. Ethical communication within organizations.........................................................20714.4. Formal channels of communication......................................................................20814.5. Professional deontology and relations with the community.....................................21014.6. Primary Responsibilities of a Police Officer..........................................................21114.7. Practical aspects concerning the behavior of police officer.....................................21314.8. Law Enforcement Code of Ethics.........................................................................215

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Chapter 15INTERNATIONAL POLICE COOPERATION IN THE SCHENGEN SPACE..........22815.1. Regulation of internal and external borders...........................................................22915.2. The Schengen Agreement and the Schengen Convention........................................22915.3. Prüm Treaty and Prüm Decision..........................................................................23015.4. COSI (Standing Committee on Operational Cooperation on Internal Security).........23115.5. EUROPOL, CEPOL, SIS....................................................................................232Police Essay...............................................................................................................233

Chapter 16HUMAN RIGHTS AND THE POLICE.............................................................................24016.1. Human rights.....................................................................................................24116.2. Classification.....................................................................................................24216.3. Council of Europe..............................................................................................24316.4. Police Human Rights..........................................................................................246

Chapter 17MASS MEDIA AND LAW ENFORCEMENT..................................................................24817.1. Police powers of the...........................................................................................25017.2. On arrest...........................................................................................................25317.3. Fingerprints, photographs and DNA samples.........................................................25517.4. Making a complaint............................................................................................257

Chapter 18THE USE OF FIREARMS..................................................................................................25818.1. The use of firearms.............................................................................................25812.2. Types of Fire Guns.............................................................................................259

SELECTIVE BIBLIOGRAPHY.........................................................................................266

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Chapter 1

CULTURAL DIVERSITY

Exercises

Activity 1

QUIZHow many questions are you able to give answers to?

1. EU anti-discrimination laws protect you from being discriminated against at work on which of the following grounds?

A. Racial or ethnic origin, religion or beliefB. Disability and ageC. Sexual orientation

2. EU anti-discrimination laws protect you from being discriminated against in all areas of life on which of the following grounds?

A. Racial or ethnic origin B. Disability C. Religion and belief

3. A man works in a clothes shop. His colleagues perceive him as gay and constantly make remarks and jokes about him. Is this discrimination?

A. Yes, he is being treated unfairly. B. No, it’s not serious – everyone’s colleagues make jokes. C. It depends whether the jokes are degrading.

4. Imagine now that you also work in the shop. What should you do when you see your colleagues tease the man?

A. You laugh along with them – it’s only a bit of fun. B. You ignore the situation, hoping it will just go away. C. You offer your support to the man.

5. A woman in her 60s works in a sales company with a team of colleagues in their 20s and 30s. The team, including the manager, often goes out socializing but don't ask her along. She finds out that they discuss work issues during those trips and feels left out. Is this discrimination

A. Yes, the woman is being treated unfairly. B. No, it’s normal that people of a similar age socialise together. C. It depends on the specific issues being discussed.

6. A disabled man works for a manufacturing company. However, the company moves to a site which he cannot access due to his disability. He explains this to her employer but no solution is found so he loses his job. Is this discrimination?

A. Yes, his employer needs to ensure that he can continue working. B. No, it’s not his employer’s fault that he has a disability. C. It depends if his employer tried to find a solution.

7. A Muslim woman gets a job in a cafe. However, on her first day she is told she is not

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allowed to serve customers as she wears a headscarf and her boss thinks that this doesn’t fit with the cafe’s image. Is this discrimination?

A. No, the owner can decide who serves customers. B. Yes, she is being treated unfairly. C. It depends what kind of cafe she’s working in.

8. A woman is refused entry to a nightclub because she’s told the club is for "members only". Yet, a short while later, her 2 friends who have a different skin colour are allowed in, even if they are not members either. Is this discrimination?

A. Yes, stopping someone from entering a nightclub due to his/her skin colour is illegal. B. No, the owner is free to decide who can enter his/her club. C. It depends how the woman and her friends were behaving.

9. If you feel discriminated against, who can you turn to for help?A. Your trade union B. Your national equality body C. An NGO working on discrimination issues

Activity 2

Have a free debate on the following topic-related newspaper articles:

Women are not wanted in police

Problems in Romania, too many women in the police, and this gives to heads of IGPR headaches. Many consider that the number of women who arrive every year in police clothes grew alarming, given the specifics of this work which consists in a war with criminals, thieves and rapists. Exasperated that has over 100 women in authority, Valcea County Police chief superior asked the ministry to amend the law, to lower the number of women accepted in the Police. Also, Vaslui County Police Chief Inspector, Chief Commissioner Michael Carp, says that the number of women in the county police operative work creates problems. "IPJ Women make a great office work, but in the field work is very complicated. How to send a woman to rape or murder where working conditions are very harsh? When I was at military school, it was certainly a smaller numb of women in the police" says chief Michael Carp.

Valcea County Police Chief Inspector reported to the ministry that the number of women in work clothes confuses the activity of police. The commander in question says that "although they are diligent, hard working and smart, the ladies of Police, who work for public order and peace, become mothers, and the activity of the institution is difficult." In Vaslui, of the 700 policemen from the IPJ, around 8% are women. Most times, female cops in the county, be they the simple agents or officers, can be found at office work, but there are plenty who do their work as police officers from municipal posts. And, we can say that they fulfill the tasks well, as long as Vaslui County Police reported no police officers or female officers who had been involved in corrupt activities, in antisocial acts or to have an activity incompatible with military clothes, outside office hours. "It is a topic discussed quite our heads. Valcea County Chief Inspectorate’s well known problems have raised this situation. We do not discriminate, and hirings in the police were made by certain rules, but there are situations in which you can not send to the forefront a woman, in a rape, a robbery or murder. Women are very good at office work, work great, but our specific task is fighting with robbers and to send a woman in such clashes is quite difficult, it is a work that often men do" explains Chief Commissioner Michael Carp, County Police Chief.

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Chapter 2

TRAFFIC POLICE

2.8 Traffic Police Actions (examples)

Case Study 1

“This involved a pre-planned operation to arrest a drug dealer. The police officers involved were from the surveillance team and were therefore in unmarked vehicles. They arranged for uniformed traffic officers to carry out the arrest, but the officers did not arrive in time. The surveillance officers therefore tried to box in the suspect in traffic but this failed and a pursuit ensued. As the officers were in unmarked vehicles, one of which was a van, the ACPO (Association of Chief Police Officers) Guidelines were breached. It was not stated in the investigation report whether covert emergency warning equipment was fitted to the vehicles or activated during the incident, but the police officer statements would seem to indicate that if it was fitted it was not used. The investigating officer stated that the officers had followed the force surveillance policy but had breached the ACPO Pursuit Guidelines. The case was referred to the CPS who did not believe officers were culpable and therefore did not pursue a prosecution.”

The current ACPO Guidelines do not mention pursuits which may arise from surveillance operations such as case study four and this may be an issue which is likely to reoccur.

Recommendation: For ACPO to provide guidelines on pursuits arising from surveillance operations in future pursuit guidance.

Other reasons that were given for continuing with a pursuit included:

• The pursued driver had turned off the vehicle lights and was actively trying to evade the police.

• The occupants of the vehicle were unknown so could not have been dealt with subsequently.

• There were no other vehicles on the road.

• The pursued driver rammed the police vehicle.

The case studies and additional reasons listed above highlight the difficult balance the police have to make between preventing a crime and initiating a potentially dangerous pursuit. Such a decision has to be made in very little time. There is also the possibility that dangerous driving could lead to a serious incident without police intervention.

Case Study 2

“The police driver decided to pursue a motorcyclist with a pillion passenger as both of them were not wearing helmets, and the motorcycle did not have a registration plate. The police driver described being only five meters behind the motorcycle during the pursuit.

The investigating officer failed to mention the force policy or ACPO Guidelines, the driver’s level of training, the lack of communication with the control room, and the risks involved in pursuing a motorcycle within close proximity when the riders did not have helmets. In

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addition to this there was a failure to preserve the evidence at the scene, for which the officer was disciplined.”

Recommendation: A simple checklist should be used by investigating officers to ensure the quality and consistency of all investigations conducted, and to aid the identification of lessons that can be drawn from the incidents.

Chapter 3

DOMESTIC VIOLENCECase study

Write a summary of the following case study:

Careful what you wish for...1

by Roxy (Berkshire)

„I was 20 when I first met my partner. I had a 10 month old son and as a single mother longed for a partner and loving father figure for the two of us. I had a twin sister who lived nearby with her partner. I was always round their place with my little boy. My twin’s partner had a cousin who one day came round. I had never met him before and didn't particularly pay attention to him until he commented how lovely my little boy was then we got into conversation. After that he seemed to be round my sister all the time and we struck up a close friendship. I had a little job in my aunt’s pub and one night went round to drop my son off for my sister to babysit. He as usual was there and asked if he could come to work with me, I said yes and from that night he never left my side.

At first I admit I was flattered and really enjoyed having him around I was in love before I knew it! One night he had his friends round for a meal and we all got pretty drunk; he had been in a funny mood all night and went up to bed. Five minutes later he was shouting for me to come up. I said no as I was having a good time that's when he ran downstairs and ripped me up by my throat. The rest of that night is a blur but I remember thinking why none of his friends stopped him. Believe it or not I am actually quite a fiery person, but for some reason I was instantly frightened of this man. Maybe looking back it was fear of losing him and being on my own again.

I had lost a lot of weight before I met him and felt the best I ever had. Yet, all he did was put me down daily and in the end I just gave up. I never went out, I ended up not speaking to any of my family, put on loads of weight, and relied solely on him for company, love, friendship, and money. He had done a good job on me. I ended up staying with him for another five years having a beautiful baby boy. After about twenty hospital visits, at least ten break ups, and every day abuse I finally left.

It's been two months now. My mum got me a place to stay and one day I just got up got my two boys and left. I did have a silly moment when I started meeting him again and believing all his lies of being sorry and a changed man until after one of our meetings. He asked to come back to my new place. I said no as I didn't trust him enough to know where we were living yet and he went mad! He started screaming at me and calling me horrible names. He was stealing my bag off of me, something he always used to do. I just couldn't believe it!

1 http://www.surviving-domestic-violence.com/careful-what-you-wish-for.html

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I left there and then changed my phone number. I just hope he will leave us alone. I really, really loved this boy and never ever wanted to end it. I still wake up in the middle of the night pining for him, but I know I have to do this for me and my boys. I cry all the time, but I have to do this and I will. I just hope someone reads this and I give them the strength to do the same. Nobody deserves to be treated like that. I don’t think I will love anyone as I do him but now I'd rather just be on my own. In the years to come what will be, will be!”

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Chapter 4

ORGANIZED CRIME

Exercises

Activity 1

Discuss on the following case studies, starting from the following discussion points:

• What is the role of cultural awareness in this process?

• What is culture shock and which are the specific symptoms?

• Which are the stages of culture shock?

• Is a nation without Organized Crime a utopia?

Activity 2:

Match the paragraphs A-E to their corresponding headlines 1-5. One is extra:

MONEY LAUNDERING

A. The goal of a large number of criminal acts is to generate a profit for the individual or group that carries out the act. Money laundering is the processing of these criminal proceeds to disguise their illegal origin. This process is of critical importance, as it enables the criminal to enjoy these profits without jeopardizing their source.

Illegal arms sales, smuggling, and the activities of organized crime, including for example drug trafficking and prostitution rings, can generate huge amounts of proceeds. Embezzlement, insider trading, bribery and computer fraud schemes can also produce large profits and create the incentive to “legitimize” the ill-gotten gains through money laundering.

When a criminal activity generates substantial profits, the individual or group involved must find a way to control the funds without attracting attention to the underlying activity or the persons involved. Criminals do this by disguising the sources, changing the form, or moving the funds to a place where they are less likely to attract attention.

B. In the initial – or placement – stage of money laundering, the launderer introduces his illegal profits into the financial system. This might be done by breaking up large amounts of cash into less conspicuous smaller sums that are then deposited directly into a bank account, or by purchasing a series of monetary instruments (cheques, money orders etc.) that are then collected and deposited into accounts at another location.

After the funds have entered the financial system, the second – or layering – stage takes place. In this phase, the launderer engages in a series of conversions or movements of the funds to distance them from their source. The funds might be channeled through the purchase and sales of investment instruments, or the launderer might simply wire the funds through a series of accounts at various banks across the globe. This use of widely scattered accounts for laundering is especially prevalent in those jurisdictions that do not co-operate in anti-money laundering

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investigations. In some instances, the launderer might disguise the transfers as payments for goods or services, thus giving them a legitimate appearance.

Having successfully processed his criminal profits through the first two phases the launderer then moves them to the third stage – integration – in which the funds re-enter the legitimate economy. The launderer might choose to invest the funds into real estate, luxury assets, or business ventures.C. As money laundering is a consequence of almost all profit generating crime, it can occur practically anywhere in the world. Generally, money launderers tend to seek out countries or sectors in which there is a low risk of detection due to weak or ineffective anti-money laundering programmes. Because the objective of money laundering is to get the illegal funds back to the individual who generated them, launderers usually prefer to move funds through stable financial systems. Money laundering activity may also be concentrated geographically according to the stage the laundered funds have reached. At the placement stage, for example, the funds are usually processed relatively close to the under-lying activity; often, but not in every case, in the country where the funds originate.

With the layering phase, the launderer might choose an offshore financial centre, a large regional business centre, or a world banking centre – any location that provides an adequate financial or business infrastructure. At this stage, the laundered funds may also only transit bank accounts at various locations where this can be done without leaving traces of their source or ultimate destination.

Finally, at the integration phase, launderers might choose to invest laundered funds in still other locations if they were generated in unstable economies or locations offering limited investment opportunities.

D. The integrity of the banking and financial services marketplace depends heavily on the perception that it functions within a framework of high legal, professional and ethical standards. A reputation for integrity is the one of the most valuable assets of a financial institution. If funds from criminal activity can be easily processed through a particular institution – either because its employees or directors have been bribed or because the institution turns a blind eye to the criminal nature of such funds – the institution could be drawn into active complicity with criminals and become part of the criminal network itself. Evidence of such complicity will have a damaging effect on the attitudes of other financial intermediaries and of regulatory authorities, as well as ordinary customers.

As for the potential negative macroeconomic consequences of unchecked money laundering, one can quote inexplicable changes in money demand, prudential risks to bank soundness, contamination effects on legal financial transactions and increased volatility of international capital flows and exchange rates are owed to unanticipated cross-border asset transfers. Also, as it rewards corruption and crime, successful money laudering damages the integrity of the entire society and undermines democracy and the rule of the law.

E. Launderers are continuously looking for new routes for laundering their funds.

Economies with growing or developing financial centres, but inadequate controls are particularly vulnerable as established financial centre countries implement comprehensive anti-money laundering regimes.

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Differences between national anti-money laundering systems will be exploited by launderers, who tend to move their networks to countries and financial systems with weak or ineffective countermeasures.

Some might argue that developing economies cannot afford to be too selective about the sources of capital they attract. But postponing action is dangerous. The more it is deferred, the more entrenched organized crime can become. Fighting money laundering and terrorist financing is therefore a part of creating a business friendly environment which is a precondition for lasting economic development.1. The stages of money laundering

2. Negative effects of this phenomenon on business

3. The places where money laundering occurs

4. The influence that money laundering has over economic development

5. The concept of money laundering

6. The definition of the money launderer

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Chapter 5

CRIME AND PUNISHMENT SYSTEM

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Chapter 6

CRIMINAL INVESTIGATIONS AND FORENSICS

Quiz

1. Miscarriages of justice refers to guilty parties who were found not guilty and to cases that are_____________________________.

2. Illicit police behavior transpires in many ways, but________are the most troublesome.

3. In Illinois and________, more death row inmates were exonerated than executed in live twentieth century.

4. One police misdeed is that ________________ is substituted for investigation.

5. Prosecutors may sometimes use known liars or________to testify that a defendant confessed to him/her.

6. Indigent defendants run the risk of__________________ representation from contract attorneys or court appointed attorneys.

7. Judges may sometimes allow___________evidence to be admitted, contributing to the miscarriage of justice.

8. The Supreme Court may express the belief that____________ is of greater importance than relief for the individual.

9. Forensic experts generally work for the prosecution and, consequently,____________ ____________is sometimes (wrongly) regarded as their job.

10. Until the advancement of__________ it was usually difficult to prove a contention of innocence.

CROSSWORD Puzzle.

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Clues

Across

3. Attorneys who provide the lowest bid to represent indigent defendants.5. LEGAL TERM explaining why a Supreme Court refuses to review cases with minor

procedural barriers.6. Minimum standards for counsel representing defendants in capital cases.8. Evidence that may exonerate a defendant.9. Imprisoned in London for possessing explosives and had their convictions everturned in

1991.10. Slang term for perjury.

Down

1. Regularly obtained from those who are young, have low IQs or poor language skills.2. Provides legal representation and investigative assistance to convicts who claim to be

innocent,4. More death row inmates were exonerated than executed in Florida and

____________during the twentieth century.7. Police depends too much upon_____________ to seal the fate of the defendant and to

advance their careers.

Exercises

Exercise I

Crime Scene Sketch

Using one room of your home, draw a crime scene sketch. The "scene" should be a murder scene. Include in your sketch the following items required in all crime scene sketches:

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1. North indication.2. Legend showing what symbols mean, if not commonly known.3. Case name, date, time; your name.4. Location of “scene."5. Measurements (coordinate for indoor scenes).6. Evidentiary items (i.e.. body, weapons, blood spatters, bullet holes, etc.)7. Scale if drawn to scale.

Use a cross-projection method. All objects are drawn as if seen from above, but the walls and ceiling arc folded down and the items arc drawn as if the room was a cardboard box with its sides flattened.

Use the space below for your "rough" sketch Attach a finished sketch to this paper. You may make the finished sketch by hand or use a computer program.

Exercise 2

Read the following tips for getting good mug shots, and afterwards give your own pieces of advice regarding this problem:

Smirk, Don't Smile

The most important part of any mug shot is the facial expression. You can't look totally dead in the eyes like some kind of drugged out zombie who just got hauled in for having balloons of heroin in her snatch. You also can't be beaming ear to ear like John Edwards, looking like a total prick for making light of a grave situation. You certainly can't have some gonzo grin like you're still high. (We're talking to you, Eric Roberts.) No, you need something in between. You need the smirk. Look at Samantha Ronson, Nicole Richie, or David Bowie. They say, "Yeah, I know I'm in the clink, but I'm still awesome and I'm going to get out of this, and I did, in fact, shoot the sheriff." That's what you want: a photo that says you know you're going to get off because you're famous, pretty, and, perhaps, innocent.

Look Straight at the Camera

There is a tendency, due to either the camera placement or the situation at hand, where the preps look up at the camera. This is a very bad angle. Not only does it make your head look shorter than it really is, but also when looking up, you look like you're confessing guilt. It's like you just got caught taking a cookie by your mother and you're looking up at her with the sweetest face possible to avoid a spanking. A jury will acquit you on this photo alone - unless you're Phil Spector.

Wear Something Cute

If you're turning yourself in, make sure you have a fashionable but conservative outfit on, because it is going to be preserved for posterity. Just look at the killer '70s duds Woody Harrelson is rocking or Bowie and Mick Jagger's dandyish choices. All wonderful indeed. Sure, you can't exactly choose when you're going to the slammer, so maybe we can excuse Nick Nolte for wearing that heinous Hawaiian print shirt. Actually, no. No matter what you're doing, you shouldn't be wearing something so awful in public in the first place. And if you are, try not to get arrested in it. And if your

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outfit is that bad, try to rip it getting in or out of the police car so they have to give you an orange jumpsuit or something. Looking like an inmate is preferable to looking like a fashion victim.

Make a Statement

What is the most famous celebrity mug shot of all time? Hanoi Jane Fonda's fist in the air, of course. That's because she's not just standing there holding the little board. No, she's got her fist up in the air doing her best hippie protester or Black Panther or whatever the fuck. Who knows? Who cares! She looks amazing and like a political prisoner being beaten down by the man. That's the image you want to give off. "I don't belong here, but the Thought Police came for me." Go down in history by making your mark. You just have to think of a way to do it so that you don't look like you're stealing Jane Fonda's look.

Do It Young

If you're going to get arrested, have the decency to do it before your 30th birthday. That's just better for everyone. Old people like Rip Torn, Tom Delay, Larry Craig, and Nick Nolte just look pathetic. That's because we think that young people are foolish and can learn from their mistakes and reform themselves. That Tim Allen sure turned into a great guy, didn't he? But Larry Craig, well, he'll be a perverted toe tapper for the rest of his life. But the other reason to commit crimes in your younger days is because you look so much better. Just look at all these badly aging celebrities glowing in their misspent youth. As John Waters says, everyone looks better under arrest, but her mug shot is the best damn picture a young Suzanne Somers ever took!

Fix Your Damn Hair

I know most of these prisoners have handcuffs on, but can't you get someone to run a comb through that mop before the camera snaps? Please!

What people are saying about Mug shots?

"People enjoy looking at these photos and not only that but some actually call it in and they do get caught. So yes when people ask if it works, yes it works!" - Andrew P. Thomas, Maricopa County Attorney and First Public Billboard Creator of Mug Shots

"Chula Vista, California police officers… tracked down a San Diego man in an assault case using witness statements that the assailant was white and had an artificial leg. The suspect's picture was later picked out from a Mug Shot lineup online." - Contreras-Sweet, CA Secretary of DMV.

"Pepsi and Coca-Cola are using it to sell their products. Why can't we use it to help catch criminals?" Shelby County Detective Matthew Keaton on posting Mug shots on social networking sites…

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Chapter 7

ECONOMIC CRIMES

SECTION 1MULTIPLE CHOICE INDIVIDUAL SENTENCES

Circle the correct answer (a, b, c or d) for each gap.

1. Thieves have _____ cheques to change the name or the amount in the face of a cheque.a) secure c) alteredb) held d) forger

2. _____ draft fraud is usually done by one or more dishonest bank employees.a) on purpose c) allegedb) demand d) laundering

3. A rouge ______ is a highly placed insider nominally authorized to invest sizeable funds on behalf of the bank.

a) trader c) bankerb) investor d) launderer

4. A ______ loan is one in which the borrower is a business entity controlled by a dishonest bank officer or an accomplice.

a) fraudulent c) hijackedb) illegal d) financial

5. Credit card fraud is widespread as a means of ______ from banks, merchants and clients.a) stealing c) buyingb) robbing d) burglary

SECTION 2MATCHING

Read the texts below and match the correct letter (from a to e) with the corresponding gap (1 to 5). There is one letter you do not need to use.

1. J.S. attempted to altered a depositor’s signature on a bank cheque and then printed his own cheques drawn on accounts owned by others, non-existent accounts or even alleged accounts owned by non-existent depositors. ________

2. C.D. used false information to hide the credit history filled with financial problems and unpaid loans to corporations using accounting fraud to overstate profits in order to make a risky loan appear to be a sound investment for the bank. _________

3. F.G. made the payment to a credit cont account in order to raise the amount of available credit on legitimate credit cards. The amount of the cheque was credited to the card account by the bank. Thus F.G. obtained cash advances until the newly – “raised” available limit on the card was reached. _________

4. Impersonation has become an increasing problem; the scam operates by obtaining information about an individual then using the information to apply for identity cards, accounts and credit in that person’s name.___________

5. I.T. was captured after serious of financial crimes; the original scheme involved claiming to be sent by the victim’s bank claiming that the bank suspects, that one of its

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employees is stealing money and that to help catch the culprit he needed the depositor to withdraw all of his or her money. At this point, the victim would be carrying a large amount of cash and can be targeted for the theft of these funds. _________

(a) “bank inspector”(b) identity theft(c) booster cheques(d) fraudulent loan applications(e) forgery

SECTION 3OPEN-ENDED QUESTIONS

Read the text and answer the questions. Use no more then 10 words.

Bill discounting fraud

Essentially a confidence trick, a fraudster uses a company at their disposal to gain confidence with a bank, by appearing as a genuine, profitable customer. To give the illusion of being a desired customer, the company regularly and repeatedly uses the bank to get payment from one or more of its customers. These payments are always made, as the customers in question are part of the fraud, actively paying any and all bills raised by the bank. After time, after the bank is happy with the company, the company requests that the bank settles its balance with the company before billing the customer. Again, business continues as normal for the fraudulent company, its fraudulent customers, and the unwitting bank. Only when the outstanding balance between the bank and the company is sufficiently large, the company takes the payment from the bank, and the company and its customers disappear, leaving no-one to pay the bills issued by the bank.

1) What must a company do to gain confidence with a bank? ___________________________________________________________________

2) How does the company use the bank? ___________________________________________________________________

3) What happens after some time when the bank is satisfied with the company? ___________________________________________________________________

4) Does this advanced settling the balance make the bank suspicious? ___________________________________________________________________

5) When does the bank commit the fraud? ___________________________________________________________________

SECTION 4

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TRANSLATIONS

Translate into Romanian:

BANK FRAUD

Bank fraud is the use of fraudulent means to obtain money, assets, or other property owned or held by a financial institution. In many instances, bank fraud is a criminal offense. While the specific elements of a particular banking fraud law vary between jurisdictions, the term bank fraud applies to actions that employ a scheme or artifice, as opposed to bank robbery or theft. For this reason, bank fraud is sometimes considered a white-collar crime.

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Chapter 8

BRIBERY AND CORRUPTION

Exercises

Activity 1

Match each paragraph with the corresponding title

A. Any public official (anyone acting on behalf of the United States, such as a senator, witness, or juror) who demands, receives, or accepts a bribe in exchange for orchestrating an illegal change in his duties will be fined not more than three times the value of the incentive and/or imprisoned for no more than 15 years. The public official may also be prohibited from holding any political or government office in the United States.

B. Conversely, anyone who offers a bribe to a public official will be fined and/or imprisoned for no more than two years.

Any witness who demands, receives, or accepts a bribe in exchange for altered testimony faces a fine of three times the value of the bribe and/or up to 15 years in prison, while anyone who bribes a witness faces a fine and/or up to two years in prison.

C. In 1977, The U.S. Congress passed The Foreign Corrupt Practices Act, which made it illegal for an American corporation to bribe a foreign government official with money or gifts in hopes of landing or maintaining important business contacts. According to the act, all publicly traded companies must keep records of all business transactions—even if the companies do not trade internationally—to ensure that this act is not being violated.

However, in the act, there are loopholes of which many U.S. corporations take advantage. For example, the act permits “grease payments”, which are incentives paid – without penalty – to foreign officials to help expedite the completion of paperwork and to ensure the receipt of licenses or permits.

D. According to the Bank Bribery Amendments Act of 1985, 1) the solicitation of an employee, director, etc. in any capacity in exchange for business and 2) the acceptance of anything (including meals, entertainment, and accommodations during travel) but a legitimate salary, wages and fees from anyone in connection with the bank’s business are prohibited. If any representative of a bank accepts a bribe, he will be fined three times the value of the incentive, or he will be imprisoned for not more than thirty years. However, if the value of the bribe is less than $1,000, the representative will be fined but sentenced to not more than one year in jail.

If a bank official is offered a bribe, he must disclose all information to the bank so that the situation may be addressed appropriately.

E. A sporting official who accepts a bribe in exchange for a promise to “fix” a sporting event is guilty of bribery and may be punished under Title 18 of the United States Code, Sect. 224. For example, if a referee is convicted of “throwing” a major sporting event, he will be fined, imprisoned for up to five years, or both.

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F. Kickbacks are often associated with government fraud. The crime is committed in a variety of settings, however, including the healthcare industry and employee benefit or pension plans.

G. Issuing or accepting bribes is a serious crime that may result in heavy fines or several years in prison. Both civil and criminal charges can be levied against those suspected of being involved in kickback schemes.

The Anti-Kickback Act of 1986 prohibits government contractors and subcontractors from issuing or accepting kickbacks. If a contractor or subcontractor forces an employee to kick back part of his or her compensation, the contractor may face a $5000 fine and/or five years in prison. (www.lawyershop.com)

1. Bribery in Sporting Contests2. Industries Prone to Bribery3. Bribery by/of a Witness4. Bank Bribery5. Bribery of a Foreign Official6. Punishments for Bribery7. Bribery by/of a Public Official

Activity 2

Fill in the gaps

Alina Lungu, 30, says she did everything necessary to ensure a healthy ............ in Romania: She ate organic food, swam daily and bribed her ............ with an extra €200 in cash, paid in monthly increments of €25 handed over discreetly in white envelopes.

Another bribe of €25, or about $32, went to a ........ to guarantee an epidural. Even the orderly reaped an extra €10 to make sure he didn't drop her from the stretcher.

But on the day of her ........., she says, her gynecologist never arrived. Twelve hours into ........, she was left alone in her room for an hour. When a doctor appeared, the ........... was wrapped twice around her baby's head and had nearly suffocated him. He was blind and deaf and had suffered severe ..........

Now, Alina and her husband, Ionut, ......... that if they had paid a larger bribe to the doctor, then Sebastian would perhaps be a healthy baby. "Doctors are so used to getting bribes in Romania that you now have to pay more in order to even get their attention," she said.

(www.iht.com)1. delivery2. brain damage3. gynecologist4. despair5. nurse6. labor7. pregnancy8. umbilical cordActivity 3

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Answer the following questions:

Bribery, a form of pecuniary corruption, is an act implying money or gift given that alters the behaviour of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in discharge of a public or legal duty. The bribe is the gift bestowed to influence the recipient's conduct. It may be any money, good, right in action, property, preferment, privilege, emolument, object of value, advantage, or merely a promise or undertaking to induce or influence the action, vote, or influence of a person in an official or public capacity. The bribe is the gift bestowed to influence the receiver's conduct. It may be any amount of money, right in action, property, preferment, privilege, emolument, object of value, advantage, or any promise or undertaking to induce or influence the action, vote, or involvement of a person in an official or public capacity.

The offence may be divided into two great classes: the one, where a person invested with power is induced by payment to use it unjustly; the other, where power is obtained by purchasing the suffrages of those who can impart it. Likewise, the briber might hold a powerful role and control the transaction; or in other cases, a bribe may be effectively extracted from the person paying it, although this is better known as extortion.

The forms that bribery takes are numerous. For example, a motorist might bribe a police officer not to issue a ticket for speeding, a citizen seeking paperwork or utility line connections might bribe a functionary for faster service. In Eugene, Oregon, bribery is an important aspect of the local SLUG Queen pageant that sets it apart from other pageants. The Slug Queens set the rare example of creating an environment where bribery is both accepted and encouraged. The moment a new queen is crowned, the old queens are open to bribery. Bribery may also take the form of a secret commission, a profit made by an agent, in the course of his employment, without the knowledge of his principal. Euphemisms abound for this (commission, sweetener, back-kick etc.) Bribers and recipients of bribery are likewise numerous although bribers have one common denominator and that is the financial ability to bribe.

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Government

A grey area may exist when payments to smooth transactions are made. United States law is particularly strict in limiting the ability of businesses to pay for the awarding of contracts by foreign governments; however, the Foreign Corrupt Practices Act contains an exception for "grease payments"; very basically, this allows payments to officials in order to obtain the performance of ministerial acts which they are legally required to do, but may delay in the absence of such payment. In some countries, this practice is the norm, often resulting from a developing nation not having the tax structure to pay civil servants an adequate salary. Nevertheless, most economists regard bribery as a bad thing because it encourages rent seeking behaviour. A state where bribery has become a way of life is a kleptocracy.

Tax treatment of Bribe

The tax status of bribes is an issue for governments since the bribery of government officials impedes the democratic process and may interfere with good government. In some countries, such bribes are considered tax-deductible payments. However, in 1996, in an effort to discourage bribery, the OECD Council recommended to that member countries cease to allow the tax-deductibility of bribes to foreign officials. This was followed by the signing of the Anti-Bribery Convention. Since that time, the majority of the OECD countries which are signatories of the convention have revised their tax policies according to this recommendation and some have extended the measures to bribes paid to any official, sending the message that bribery will no longer be tolerated in the operations of the government.[2]

Medicine

Pharmaceutical corporations may seek to reward doctors for heavy prescription of their drugs through gifts. The American Medical Association has published ethical guidelines for gifts from industry which include the tenet that physicians should not accept gifts if they are given in relation to the physician’s prescribing practices. Doubtful cases include grants for traveling to medical conventions that double as tourist trips. Dentists often receive samples of home dental care products such as toothpaste, which are of negligible value; somewhat ironically, dentists in a television commercial will often state that they get these samples but pay to use the sponsor's product.

In countries offering state-subsidized or nationally funded healthcare where medical professionals are underpaid, patients may use bribery to solicit the standard expected level of medical care. For example, in many formerly Communist countries from what used to be the Eastern Block it may be customary to offer expensive gifts to doctors and nurses for the delivery of service at any level of medical care in the non-private health sector.

Politics

Politicians receive campaign contributions and other payoffs from powerful corporations or individuals when making choices in the interests of those parties, or in anticipation of favorable policy. However, such a relationship does not meet the legal standards for bribery without evidence of a quid pro quo. See also influence peddling and political corruption.

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Sport corruption

Referees, and scoring judges may be offered money, gifts, or other compensation to guarantee a specific outcome in an athletic or other sport competition. A well-known example of this manner of bribery in sport would be the 2002 Olympic Winter Games figure skating scandal, where the French judge in the pairs competition voted for the Russian skaters in order to secure an advantage for the French skaters in the ice dancing competition.

Additionally, bribes may be offered by cities in order to secure athletic franchises, or even competitions, as happened with the 2002 Winter Olympics. It is common practice for cities to "bid" against each other with stadiums, tax benefits, and licensing deals to secure or keep professional sports franchises. Athletes themselves can be paid to under-perform, generally so that a gambler or gambling syndicate can secure a winning bet. A classic example of this is the 1919 World Series, better known as the Black Sox Scandal. Finally, in some sports, elements of the game may be tampered with – the classic example being from horse racing, where a groom or other person with access to the horses before the race may be bribed to over-feed an animal, or even administer a sedative or amphetamine (known as "horse doping" in order to make a horse faster or slower to respectively increase or reduce a horse's chances of winning). This is another type of bribery done for financial gain through gambling – bet against a clear favorite, and ensure that the favorite has an "off day", or attempt to "hop up" a long shot in an attempt to collect big winnings by betting on the heavy odds against it.

1. What seems to be the reason that the people become corrupted?

2. How many forms can bribery take? Exemplify your answer.

3. What is the meaning of “kleptocracy”?

4. What are the main domains in which bribery is most used?

5. What measures were taken to discourage and prevent bribery? Were they efficient?

6. Does bribery have negative effects in medicine? Why?

7. What do politicians receive when making choices in the interests of the parties?

8. I s political corruption affecting the society? Give reasons for your answer.

9. Is “horse doping” considered to be another type of bribery in sports? If so, what methods are used?

10. If someone offers you bribe, what would be your reaction to this?

Police corruption

Brutality has also been an issue linked with these unconstitutional traffic stops. It’s so common between cops that there’s a tendency for repeated abuse of power and it’s basically turned into the “norm”. This isn’t good because with cops thinking like that it gives them somewhat of a necessity to break the law. They basically feel that in order for them to enforce the law they have to break some. Cops practice this unwritten rule everywhere, especially Los Angeles’ CRASH unit. Corruption was so common in the CRASH unit that they had standard procedures to cover it up if something went wrong. Overall, the LAPD didn’t have the strong support it needed

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from the community. Officers were distrustful of management, had low morale, engaged in racial profiling, and did not see their communities as partners in crime solving, but as enemies.

Perjury is also a huge problem associated with corruption. Officers in question follow the unwritten tradition of gathering evidence illegally and then lying about it on the stand. They basically decide to “forget” evidence altogether. Framing suspects, or even the framing of innocent people, became almost common. According to a study done by Rafael Perez, an officer involved with the Rampart Scandal, “officers appear to have had complete disregard for rules about use of force, and concentrated their efforts on busily covering their tracks when the force resulted in injury or even death”. These elements were used in the event of what has become known as the Rampart scandal. It was a discovery in March of 1998 of six to eight pounds of cocaine missing from the evidence room of the Rampart Division of the Los Angeles Police Department. It turns out that officer Perez stole it, resold it and replaced the bags with pancake batter. He was later arrested for his actions. These cases are not uncommon place at all, not only was this a problem in Los Angeles, in 1979, for instance, the federal prosecutor indicted an entire police department in the city of Philadelphia. In conclusion, police practice many forms of corruption whether it be perjury, brutality, or drug trafficking. This problem is well known but precincts don’t want any dirt on their departments so they find ways to clean their dirty laundry. They even practice ways to escape prosecution if ever suspected of breaking a law. Overall there are some good cops out there but unfortunately the corruption in inner cities give all cops a bad name.

Activity 4

Translate into Romanian:

There are quite a lot of countries in which bribe has become something so ordinary that it's almost surgically attached to the people's minds. The concept has almost become something legal, something that people consider to be normal. And how could it be otherwise, since this phenomenon has extended to all the levels of those societies, to both rich and poor, the only difference being the amount offered as "gift". Nowadays, bribery is taking different shapes, adapted to the national culture. Western countries have lower levels of corruption but top-level corruption is still present, although very well hidden between all kinds of contracts and more or less legal business deals.

However, in Eastern-Europe and some of the Asian countries, bribery is much more widespread, being present at all levels. And the main reason behind this situation is the fact that these people have what could be described as a "bribe-culture", meaning that they've become so used to the idea of offering bribes in order to obtain some favors (or simply get things done), that they don't imagine the world otherwise. This represents both the problem and the starting point for a possible solution. As long as there are people who offer bribes, there will be other people who'll be accepting them. But if people change their point of view regarding this problem, some things might change as well. It's difficult (in some societies, almost impossible), but it's really the only way. However, whether this will happen or not, only time will tell.

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Chapter 9

PIRACY, FORGERY AND COUNTERFEITING

Exercises

I. Counterfeiting

A.1. Give the definition of forgery and counterfeiting.2. What is the difference between forgery and fraud ?3. Mention a special case of double counterfeiting.4. What is counterfeit money?5. Who is affected by counterfeiting?

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B1. The intent of forgery is to: a. trick c. counterfeit b. deceive d. avoid taxes

2. The forgery of money and currency is more often called: a. counterfeiting c. fraud b. misrepresentation d. false document

3. According to the study of Counterfeiting Intelligence Bureau(CIB) the counterfeit goods make up to: a. 10-20% of World Trade c. 50% of World Trade b. 25-26% of World Trade d. 5-7% of World Trade

4. Most counterfeits good are produced in: a. China c. Latvia b. Romania d. Japan5. Counterfeit goods are also called: a. false goods c. knockoffs b. low quality goods d. copies

CChoose one word to complete the sentence:

1. Copies, studio, replicas, reproductions are not considered forgeries though they may later become forgeries through knowing and willful…

2. Forgery is one of the techniques of fraud including…3. In a…,a rumour or a genuine object "planted" in a concocted situation, may substitute for a forged physical object.

4. Is usualy attacked aggressively by all governments.

5. Is related to other criminal activities such as narcotics, money laundering and terrorism.a. identy theftb. hoaxc. counterfeiting of moneyd. misrepresentatione. counterfeiting

II. Piracy

1. Piracy is considered to be:a. an allowed activity in Indiab. an allowed activity in Asia and Africa.c. an illegal activity only in some regions of India d. an illegal and a criminal activity on all the territories of India, according to the Indian’s and the other laws of copyright.2. Which are the kinds of illegal Activities (and the number of them) that Music Piracy basically refers to:

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a. only 1 kind - counterfeiting

b. 4 kinds - bootlegging is one of them

c. 2 kinds – bootlegging and counterfeiting

d. 3 kinds – bootlegging, counterfeiting and pirate recordings.

3. “Making a copy and selling the software to someone else” is a characteristic of:

a. end user piracy

b. internet piracy

c. trademark

d. reseller piracy

4. Who suffers because of piracy?

a. only the artists

b. the artists and the consumers

c. the artists, the government and any pirates.

d. the government, the artists and the consumers.

5. When a pirated copy is sold, money goes:

a. to the pirates and some of the artists

b. to the government

c. to the criminals, the government and sometimes to Music Companies

d. only to the criminals.

6. Movies piracy occurs due to following cases:

a. Pirated CD’s

b. it doesn’t exist movies piracy

c. P2P transfer, but only when the Internet is accessed at home

d. Public events.

7. A Pirated CD could contain the indicators shown:

a. SID code obliterated

b. 4 (or more) Colour prints, comparing with a genuine CD that contains 6 or more Colour prints

c. correct, but sometimes incomplete Licensing Details

d. good Paper Quality.

8. A genuine CD could contain the indicators shown:

a. sometimes poor paper quality, in order to get profit by The Music Companies

b. record label clearly indicated and a permanent number of 4 colour prints.

c. medium Quality inlay & Graphics

d. SID codes.

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Multiple choice:

1. The term has been applied, in particular of computer software, which is highly susceptible to theft because of its ease of ............A. duplicationB. multiplicationC. divisionD. diversion

2. Many of the ........... surrounding piracy have to do with the differences between intellectual property and physical property.A. disagreementsB. issuesC. opinionsD. subjects

3. A customer in a record store can ........... a CD, but someone else still owns – or more precisely, has the copyright to – the songs on the CD.A. acquireB. chooseC. conceive D. purchase

4. Counterfeit products are often produced with the ............ to take advantage of the established worth of the imitated product.A. intentB. desireC. purposeD. thought

5. If someone deliberately uses your registered trade mark, without your knowledge or ..........., they may be guilty of the crime of counterfeiting.A. refuse B. permissionC. approvalD. consent

Romania – One of the Leaders When it Comes to Software PiracySerbia and Romania have the largest piracy rate

The software piracy has always been a problem for the software companies from all around the world but one of the most affected names is surely Microsoft, the Windows creator and developer of many other technologies. Reuters reported today that Serbia is the clear leader when it comes to piracy rate in central and Eastern Europe, this country having a 78 percent piracy rate, followed by Romania with 74 percent and Bulgaria with 71 percent. These last two countries are the latest nations (…a…) joined the European Union, a matter that should (…b…) their efforts to reduce the software piracy among their residents.

Serbia is the leading country in central and eastern Europe, with a 78 percent piracy rate," said

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Dragomir Kojic of Business Software Alliance. "Croatia has around 58 percent, Slovenia 51 percent and new European Union members Bulgaria and Romania 71 and 74 percent."

(…c…) the same source, the most affected companies are Microsoft and Adobe, a pirated copy of Office being available for 200 dinars which equals (…d…) $3.65, Reuters continued. Microsoft Serbia confirmed the reports, saying that no less than "every fifth computer bought in Serbia has illegal software already installed," as Misha Ognjanovic said for the same source mentioned above.

In the past, it was said that Russia is one of the countries which sells the (…e…) software in the world, every user being able to buy any pirated application for no less than 3 euros. Serbia is pretty close with $3.65 for any software, being a(n) (…f…) sign that the piracy rate is continuously growing (…g…) in the central and Eastern Europe.

Microsoft struggled to reduce the distribution rate of its applications but until now only (…h…) large pirates were caught. (…i…), the Redmond-based company introduced numerous utilities meant to block the users aiming to use a counterfeited version of Windows.

a. who / what / whom / which;b. boost / rise / bring out / increase;c. according with / in concordance with / according to / in accordance to;d. approximate / approximately / approximatively / arounding;e. cheapest / most affordable / most low-costed / most expensive;f. apparent / obvious / axiomatic / transparently;g. in / on / up / out;h. few / a few / a little / little;i. furthermore / moreover / over more / which is more.

Matching A. B.Counterfeit rightsIntellectual companiesTrade lawProduction productsCopryright propertyPatent mark

1. …It is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it. There are many different ways copyright owners may find their copyright has been infringed.

2. …The illegal copying of music products that have been released without permission from the copyright owner. Common ways this is done are by copying music onto or from a cassette, CD, a hard drive or the Internet. These products are not necessarily packaged in the same way as the original, as opposed to counterfeit products.

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3. …Involves duplication of both the music product and of its packaging. For this reason unwitting buyers are less able to recognize these copies than is the case with some pirate copies.

This is an imitation, usually one that is made with the intent of fraudulently passing it off as genuine. These products are often produced with the intent to take advantage of the established worth of the imitated product.

4. …It is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. The similar crime of fraud is the crime of deceiving another, including through the use of objects obtained through forgery. When we speak of forgery we usually refer to money, paintings or documentation such as ID, diplomas or passports.

5. …Where recordings are made of live performances without the performers' consent; this type of recordings are musical recordings that have not been officially released by the artist or their associated management or production companies. They may consist of demos, out takes or other studio material, or of illicit recordings of live performances. Music enthusiasts may use this term to differentiate these otherwise unavailable recordings from "pirated" copies of commercially released material, but these recordings are still protected by copyright despite their lack of formal release, and their distribution is still against the law. The slang term is often used to describe illicitly copied material.

6. …It is theft of another person's writings or ideas. Generally, it occurs when someone steals expressions from another author's composition and makes them appear to be his own work. It is not a legal term; however, it is often used in lawsuits. Courts recognize these acts as violations of copyright law, specifically as the theft of another creator's intellectual property.

7. …There are symbols (like logos and brand names) that distinguish goods and services in the marketplace.

A. Piracy ---

B. Copyright Infringement ---

C. Trade Marks ---

D. Plagiarism ---

E. Bootlegging ---

F. Forgery ---

G. Counterfeiting ---

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Open-ended questions:

Copyright infringement (or copyright violation) is the unauthorized or prohibited use of works covered by copyright law, in a way that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.

For electronic and audio-visual media, unauthorized reproduction and distribution is also commonly referred to as piracy (an early reference was made by Daniel Defoe in 1703 when he said of his novel True-born Englishman : "Its being Printed again and again, by Pyrates"). The practice of labeling the act of infringement as "piracy" actually predates copyright itself. Even prior to the 1709 enactment of the Statute of Anne, generally recognized as the first copyright law, the Stationers' Company of London in 1557 received a Royal Charter giving the company a monopoly on publication and tasking it with enforcing the charter. Those who violated the charter were labeled pirates as early as 1603.

The legal basis for this usage dates from the same era, and has been consistently applied until the present time. Critics of the use of the term "piracy" to describe such practices contend that it is pejorative and unfairly equates copyright infringement with more sinister activity, though courts often hold that under law the two terms are interchangeable.

The most important international treaty concerning copyright infringement is the Berne Convention of 1886 as amended. The United States became the 80th signatory of the treaty with the Berne Convention Implementation Act of 1988, over 100 years after the passage of the original treaty in Paris. The US signed the treaty with one important exception: it did not accept the recognition of moral rights in article 6 of the Berne Convention. Moral rights enable a copyright holder to "object to any distortion, mutilation, or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation." The US expressly stated in the Implementation Act that no other right (i.e. the 1st Amendment) shall be impacted by acceptance of the Convention. Literary criticism and parody are important parts of the US infringement defense of fair use. Consequently, the US provides less protection from infringement of moral rights than other Berne signatories.

1. Which was the Daniel Defoe’s reference regarding piracy?2. Which act is recognized as “the first copyright law” ?3. What do the critics of the use of the term “piracy” refer to?4. What does the Berne Convention of 1886 represent?5. Which is the exception concerning the signing of the treaty by US?6. Which are the important parts of the US infringement defense of fair use?

A. Translate into Romanian:

Piracy is a form of theft. Specifically, it refers to the unauthorized copying or use of intellectual property. Intellectual property is knowledge or expression that is owned by someone. There are three major types of intellectual property: 1) creative works, including music, written material, movies, and software, which are protected by copyright law; 2) inventions, which are protected by patent law; 3) brand-name products, which are protected by trademarks. Many of the issues surrounding piracy have to do with the difference between intellectual property and physical property. A

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CD, for example, is a piece of physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns—or more precisely, has the copyright to—the songs on the CD.

Piracy is primarily a problem for the entertainment and software industries, and therefore piracy most often involves violations of copyright law. Copyright is a legal right that protects creative works from being reproduced, performed, or disseminated without permission of the copyright owner. Essentially, a copyright gives its owner the exclusive right to make copies of the material in question.

Many of the issues surrounding piracy have to do with the differences between intellectual property and physical property. A CD, for example, is a piece of physical property, but the songs on the CD are intellectual property. A customer in a record store can purchase a CD, but someone else still owns – or more precisely, has the copyright to – the songs on the CD.

B. Translate into English:

Pirateria este o formă de furt. În mod specific, se referă la copierea neautorizată sau utilizarea neautorizata a proprietăţii intelectuale. Proprietatea intelectuală reprezinta cunoaşterea sau expresia care este deţinută de cineva. Există trei tipuri majore de proprietate intelectuală: 1) lucrările de creaţie, incluzand muzica, materialul scris, filmele şi software-ul, care sunt protejate de legea drepturilor de autor; 2) inventiile, care sunt protejate de legea brevetelor; 3) produsele de firma (marca), care sunt protejate de marci. Multe dintre aspectele legate de piraterie au de a face cu diferenţa dintre proprietate intelectuală şi fizica. Un CD, de exemplu, este o proprietate fizica, dar melodiile de pe CD sunt proprietate intelectuala. Un client într-un magazin de înregistrare poate achiziţiona un CD, dar altcineva încă mai deţine sau, mai exact, are dreptul de autor, pentru melodiile de pe CD.

Pirateria este în primul rând o problemă pentru industria de divertisment şi a software-ului, şi, prin urmare, pirateria cel mai adesea implică încălcări ale legii dreptului de autor. Dreptul de autor este un drept legal care protejează lucrări de creatie pentru a nu fi reproduse, efectuate, sau diseminate fără permisiunea proprietarului dreptului de autor. În esenţă, un drept de autor conferă titularului său dreptul exclusiv de a face copii ale materialului în cauză.

"Pirateria a continuat să fie o problemă importantă anul trecut în România. (...) Pierderile totale cauzate de piraterie s-au majorat în 2007 cu 20 milioane de dolari faţă de nivelul din anul anterior şi cu 39 milioane de dolari faţă de 2003", potrivit raportului anual "Lista 301", publicat de Alianţa Internaţională a Proprietăţii Intelectuale.

Constituie infracţiune şi se pedepseşte cu închisoare de la 1 la 4 ani sau cu amendă punerea la dispoziţia publicului, inclusiv prin internet sau prin alte reţele de calculatoare, fără consimţământul titularilor de drepturi, a operelor sau a produselor purtătoare de drepturi conexe ori de drepturi sui-generis ale fabricanţilor de baze de date ori a copiilor acestora, indiferent de suport, astfel încât publicul să le poată accesa în orice loc sau în orice moment ales în mod individual.( art.1398 din Legea 8/1996)

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Discussion point

Read the following text and express your own point of view regarding ACTA, by making a table divided into two columns: advantages and disadvantages:What Is ACTA and Why is it a Problem?

Yesterday I noted that the anti-SOPA/PIPA crowd seemed to have just discovered ACTA. And while I'm pleased that they're taking interest in something as problematic as ACTA, there was a lot of misinformation flowing around, so I figured that, similar to my "definitive" explainer posts on why SOPA/PIPA were bad bills (and the follow up for the amended versions), I thought I'd do a short post on ACTA to hopefully clarify some of what's been floating around.

First off, ACTA, unlike SOPA/PIPA, is not "a law." It's a trade agreement, in which a variety of countries agree to deal with intellectual property infringement in a similar fashion. It does have some similarities to SOPA/PIPA -- such as the conflation of counterfeiting physical goods with digital copyright infringement. This is a very common tactic for folks trying to pass massively draconian, expansionary, copyright laws. You lump them in with physical counterfeiting for two key reasons: (1) If you include physical counterfeiting, even thought it's a relatively small issue, you can talk about fake drugs and military equipment that kill people -- so you can create a moral panic. (2) You can then use the (questionable) large numbers about digital copyright infringement, and then lump those two things together, so you can claim both "big and a danger to health." Without counterfeiting, the "danger" part is missing. Without copyright, the "big" part is missing. The fact that these are two extremely different issues with extremely different possible solutions, becomes a minor fact that gets left on the side of the road.

Unfortunately, much of the information and fear-mongering about ACTA is extremely dated. People are asking me why the text of ACTA is hidden away as a state secret. Yes, during negotiations, there was an insane amount of secrecy -- much more than is standard. But the final text of ACTA has been public for quite some time now. We can complain about the process, but saying that the document is still secret is false.

Unfortunately, so much of the focus on ACTA was about the secrecy of the process, and the lack of actual stakeholders being involved (entertainment industry and pharma lobbyists had full access... everyone else? Not so much.), that the actual problems with the agreement have been clouded over. It is worth noting that the final ACTA text was very much improved from what was leaked out early on. In fact, it seems clear that, despite the attempts at secrecy, the fact that the document kept leaking really did help pressure negotiators to temper some of the "worst of the worst" in ACTA.

For example, ACTA initially tried to establish much stronger secondary liability for ISPs, including effectively requiring a "graduated response" or "three strikes" plan for ISPs, that would require them to kick people accused (not convicted) of infringement multiple times offline. One of the key problems with ACTA has been how broadly worded it is and how open to interpretation it is. For an agreement whose sole purpose is supposed to be to clarify processes, the fact that it's so wide open to interpretation (with some interpretations potentially causing significant legal problems) seems like a big issue. For example, while the original draft never directly required a three strikes program, it required some form of secondary liability measures, and the only example of a program that would mitigate such liability was... a three strikes program. To put it more simply, it basically said all signers need to do something to help out the entertainment industry, and one example is a three strikes

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program. No other examples are listed. Then they could pretend that it doesn't mandate such a program, but leaves little choice for signing countries other than to implement such a thing. However, thankfully, that provision was struck out from the final copy.

So why is ACTA problematic?

While it probably does not change US law (with some possible exceptions, especially in the realm of patents), it certainly does function to lock in US law, in a rapidly changing area of law, where specifics are far from settled. Supporters of ACTA continue to insist that not only does it not change US law, but that it cannot change US law, since it's an "executive agreement" rather than a treaty (more on that later). The reality, however, is that to be in compliance with this agreement, the US needs to retain certain parts of copyright law that many reformers believe should be changed. At the very least, it ties Congress' hands, if we want to be in compliance with our "international obligations."

An example of this is on the question of inducement theory for copyright law. Within copyright law there is direct infringement (you did the infringement) and indirect or secondary infringement (you had a hand in making someone else infringe). In general we should be wary of secondary liability issues, because they can create chilling effects for new innovations. It's why the Supreme Court allowed the VCR to exist, despite the fact that it enabled infringement. Contributory infringement (in which you're more actively involved) has been illegal, but there has been some question about inducing infringement (i.e., leading or pushing others into infringing). There was an attempt by Congress nearly a decade ago, under the INDUCE Act, to make inducement a violation of copyright law, but it failed to go anywhere in Congress. Of course, the Supreme Court then stepped in with its Grokster decision that made up (pretty much out of thin air) a standard for "inducement" to be a violation of the law.

Normally, if Congress decides the Supreme Court got something wrong, it can pass a law to clarify. However, under the terms of ACTA, countries need to consider inducement a violation of copyright law. There's no way to read this other than to tie Congress' hands on the question of inducement. That's a big issue because we're still sorting through the true impact of considering inducement as against the law. I know it's tough to believe Congress could ever push back on ever more draconian copyright law, but with the SOPA/PIPA backlash, there's at least a sliver of hope that some are aware that these issues impact innovation. Should Congress realize that greater liability through inducement is a mistake, under ACTA, their hands are mostly tied if they want to fix it. That's a problem.

Beyond just locking in parts of copyright law, ACTA also expands it. First, it takes things that would normally be considered non-commercial file sharing (which is potentially against the law), and turns it into commercial scale criminal infringement. Similarly, it appears to broaden the definitions around inducement/secondary liability to make what had been a civil (between two private parties) issue into criminal aiding and abetting. Basically, there are parts of ACTA that effectively seek to take what would normally be civil infringements, dealt with between two private parties, and allow the entertainment industry to offload the policing to government law enforcement (paid for by tax payers) and leading to a higher likelihood of jail time.

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Copyright law is, by its very nature, a bundle of forces -- some that incentivize good behavior, and some that are bad. There should be no question that copyright has some good effects and some bad effects. The real question is in weighing the good and the bad and making sure that that the bad don't outweigh the good. Often, copyright law has used exceptions (fair use, public domain, de minimum use, first sale, etc.) to act as a "safety valve" in an attempt to make sure the bad doesn't outweigh the good.

However, ACTA pretends that copyright is only good and there's no need to minimize the bad effects. That is, it only talks about the enforcement side, and completely ignores the necessary exceptions to copyright law that make it function. Basically, it exports the punishments from the US, but leaves out the safety valves. That's pretty scary. It may be (well, not really) okay in the US where fair use is clearly established, but most other countries don't have fair use at all (if they have anything, it's a much weaker system known as "fair dealing"). Exporting strict enforcement without exceptions is dangerous and will lead to unnecessary limitations on creativity and speech.

There are serious health risks associated with ACTA, especially in the developing world. In this case, Europe pushed strongly to include patents under ACTA (something the US actually preferred to leave out). This has complicated matters for some countries. Under existing international agreements, countries can ignore pharmaceutical patents to deal with health emergencies. That is, if you have an outbreak and need a drug that pharmaceutical companies are unwilling to supply at a reasonable price, governments can break the patent and produce their own. That becomes much more difficult under ACTA, which could be a real threat to health around the globe.

Similarly, there are very reasonable concerns that ACTA will be used to crack down, not on actual counterfeit medicines, but on "grey market" drugs -- generic, but legal, copies of medicines. Some European nations, for example, already have a history of seizing shipments of perfectly legal generic drugs in passage to somewhere else. For example, say that a pharmaceutical company in India is shipping drugs to Brazil that are legal in both countries. However, those drugs violate a patent in Europe. If, during transit, those drugs pass through Europe, customs agents may seize them. That's already been happening, but the fear is that there's greater power to do so under ACTA.

ACTA presents certain requirements for border patrol agents in determining what is and what is not infringing. This is a big issue for a variety of reasons. First, as we've seen in the US, ICE/border patrol isn't very good at figuring out what is and what is not infringing. Traditionally, there are significant questions of fact to be explored in determining if something is infringing, but under ACTA, border patrol often will be in a position to make a snap decision. Believe it or not, Homeland Security itself was worried about ACTA, because of fears that it would actually make it more difficult to be effective on intellectual property issues -- and might require them to spend more time trying to figure out if something is infringing, rather than if there's a terrorist trying to get into the country.

Again, while ACTA supporters insist that it won't require changes to US law, there are a few parts of ACTA that are so vague that you can definitely see how they could be interpreted to require changes to US law. One key example is where certain kinds of patent infringement cases protect against either injunctions or damages... whereas ACTA would require one or the other.

Even the signing parties don't agree on the purpose, scope and nature of ACTA. This may be the scariest part. Part of the debate in the US is over the USTR and President

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Obama's claim that ACTA is not a binding treaty, but rather a sole executive agreement that doesn't need Congressional approval. Many believe that this is unconstitutional, and Senator Ron Wyden has asked the President to explain what certainly appears to be a violation of the Constitution. However, over in Europe, they're insisting that it is a binding treaty. The US, on the other hand, has already said that it can ignore anything it doesn't like in ACTA. If you think that's a recipe for an international problem, you get a gold star.

Finally, international trade agreements are a favorite tool of the copyright maximalist. You see it all the time. If they can't pass legislation they want, they resort to getting these things put into international trade agreements, which get significantly less scrutiny. This also allows for two tricks: the first is leapfrogging, where you get each country to implement the laws required by these agreements in slightly different ways, and then push other countries to match (or better yet, exceed) the rules in the other countries to stay in compliance. Then you use those agreements to demand the same thing from other countries to "harmonize" international laws. It's already been admitted that ACTA was done outside of existing structures for IP-related international agreements (like WIPO and the WTO) because a few countries wanted to negotiate it without input from Brazil, Russia, India and China... but the plan has always been to get ACTA approved, and then pressure those other countries to join.

The sneaky part is that once you have some of these "international obligations," it's almost impossible to get out of them. Copyright maximalists love to shout about how we must absolutely respect our "international obligations" on these kinds of treaties, to limit the government's ability to fix copyright law.

All that said, for folks who have just discovered ACTA, it's important to note that this is pretty much done. Many of the countries involved, including the US, have already signed on, and ACTA will go into effect soon (even if the other countries don't sign on). It's a bad agreement, but it's pretty late in the ball game to step in. If the EU can be convinced not to sign, that would be a big deal, but at this late stage, that seems unlikely.

In the meantime, for folks who are just getting up to speed on ACTA, you really should turn your attention to the Trans-Pacific Partnership agreement (TPP), which is basically ACTA on steroids. It's being kept even more secret than ACTA, and appears to have provisions that are significantly worse than ACTA – in some cases, with ridiculous, purely protectionist ideas, that are quite dangerous.

WRITING TASK

Write about counterfeiting and piracy by creating a campaign against them.

As a class, read through some of the pages on the Illicit website together. Then have each student develop a campaign against counterfeiting and piracy by doing the following:

Create a list of the top ten reasons people should not buy counterfeit or pirated products. Develop a slogan that captures your anti-piracy and counterfeiting message in one

easy-to-remember phrase. Write an article on the economic or consumer health and safety threats of

counterfeiting and piracy. Translate what you’ve learned about counterfeiting and piracy into a fact sheet alerting

others to the problem. Add graphics for impact.

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TEST YOUR CRIMINAL SLANG

Browsing page 1 of words meaning to make a copy, pirate, bootleg (3 words – total)The slang words in this thesaurus category appear below the table of contents.Where does this category appear in the slang thesaurus?

Things o fights, conflict, injury (physical)

to steal To expand these results, click one of the above categories. to make a copy, pirate, bootleg

There are no categories underneath this one.This category is also filed under:

Things → police and crime → stolen (related to) → to steal → to make a copy, pirate, bootleg

Things → truth, lies, information, agreement, disagreement, and doubt → to deceive → to steal → to make a copy, pirate, bootleg

Actions → to make a copy, pirate, bootleg Actions → to get, have, give, move things around → to steal → to make a copy,

pirate, bootlegWhat slang words have this meaning?The definitions of these slang words appear below the list.

boot-leg – dupe – pirateFull definitions of all the slang words listed above:

B

boot-leg adjective

a lower-quality version of something. For example, a shorter version of a song. That was a boot-leg version of the song.

o See more words with the same meaning: bad, poor, sucks, common, generally displeasing.

Originally submitted by Anonymous on Apr 04 1998. (Edit this definition.)noun

an unauthorized copy. I got a boot-leg tape of the concert last night.

o See more words with the same meaning: to make a copy, pirate, bootleg. Originally submitted by Anonymous on Jul 13 2007. (Edit this definition.)

verb to transfer unauthorized material.

He boot-legs music on the black market.o See more words with the same meaning: to make a copy, pirate, bootleg.

Originally submitted by Anonymous on Jul 13 2007. (Edit this definition.)

Add a definition for this slang term.

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D

dupe

noun

a duplicate.

o See more words with the same meaning: to make a copy, pirate, bootleg.

Originally submitted by WalterGR from Sacramento, CA, USA on Aug 11 2009. (Edit this definition.)

verb

to duplicate.

If I give you a blank tape, will you dupe that CD for me?

o See more words with the same meaning: to make a copy, pirate, bootleg.

Originally submitted by Jennifer from Pontiac, MI, USA on Apr 23 1998. (Edit this definition.)

to mislead.

I got duped by the con artist.

o See more words with the same meaning: to take advantage of, cheat, trick.

Originally submitted by Anonymous on Oct 01 2001. (Edit this definition.)

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Vulgarity

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P

pirate

noun

a person who sells or transmits stolen intellectual property.

o See more words with the same meaning: professions (list of).

Originally submitted by Kaeori from Kansas City, MO, USA on Oct 22 1997. (Edit this definition.)

verb

to sell or transmit stolen "intellectual property" (e.g. software, compact discs, etc.)

Pirating software is illegal.

o See more words with the same meaning: to make a copy, pirate, bootleg.

o See more words with the same meaning: to sell stolen goods.

Originally submitted by Kaeori from Kansas City, MO, USA on Oct 22 1997. (Edit this definition.)

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R Related words

MATCHING EXERCISE

The links between intellectual property crime and terrorist financingText of public testimony of Ronald K Noble, Secretary General of Interpol.

Before the United States House Committee on International Relations One hundred eighth congress

July 16th 2003Executive Summary

Intellectual Property Crime (IPC) is the counterfeiting or pirating of goods for sale where the consent of the rights holder has not been obtained. Terrorist financing is the generation of funds via licit or illicit means that are then remitted to a terrorist organization or its front organization via formal or informal financial channels.

The global trade in counterfeit goods has recently been estimated at US$ 450 billion, representing between 5 to 7% of the value of global trade. The Federal Bureau of Investigation (FBI) in the United States estimates losses to counterfeiting to United States businesses at US$200 to 250 billion a year.

In Northern Ireland the counterfeit products market is estimated to cost the economy in excess of US$167 million. In 2002, the police seized in excess of US$ 11 million in counterfeit products. It is known that paramilitary groups are involved in IPC, including counterfeit cigarette trafficking.

In 2000, a joint operation between Russian law-enforcement agencies and private industry resulted in the break-up of a CD manufacturing plant. According to the police officials involved, this counterfeit CD plant was a source of financing for Chechen separatists. The CD plant was run by Chechen organized crime which then remitted funds to Chechen rebels. The FSB (Russian Federal Security Service) estimated that the average monthly earnings of the criminal organization are estimated to have been US$500,000 – 700,000.

A militant active in Europe, known for his activities in radical fundamentalist organizations over the last decade has been recently convicted for trafficking in counterfeit goods. The individual’s counterfeiting associates are also known members of radical fundamentalist groups.

Interpol is aware of three cases of IPC-related activity and terrorist funding in South America. These cases involve ethnic-Lebanese who are involved in the remittance of funds to Hizbullah.

Introduction

Intellectual Property Crime (IPC) is the counterfeiting or pirating of goods for sale where the consent of the rights holder has not been obtained. Terrorist financing is the generation of funds via licit or illicit means that are then remitted to a terrorist organization or its front organization via formal or informal financial channels. These funds may be used for either the running costs of the organization or to carry out attacks.

Scope and purpose

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This testimony seeks to examine the links between IPC and the financing of terrorist organizations. It examines what is known to the International Criminal Police Organization (Interpol).

The testimony is produced for the Congress of the United States, House of Representatives Committee on International Relations hearing on the links between IPC and the financing of terrorist organizations.

Methodology

The testimony draws on information held in files at the Interpol General Secretariat (Interpol), from Interpol Member States, trade bodies, manufacturers and rights holders, and a range of open sources.

The nature of intellectual property crime

Intellectual Property refers to the legal rights that correspond to intellectual activity in the industrial, scientific, and artistic fields. These legal rights, most commonly in the form of patents, trademarks, and copyright, protect the moral and economic rights of the creators, in addition to the creativity and dissemination of their work. Industrial property, which is part of intellectual property, extends protection to inventions and industrial designs.

Based on this understanding Intellectual Property Crime (IPC) refers to counterfeited and pirated goods, manufactured and sold for profit without the consent of the patent or trademark holder. (1)

Intellectual Property Crime (IPC) represents one aspect of the informal economy (black market) which operates in parallel to the formal economy. Other activities within the informal economy include illicit drugs, stolen vehicles, or counterfeit credit cards. The informal economy has expanded with globalization, and represents a significant level of economic activity even in developed countries.

The global trade in counterfeit goods has recently been estimated at US$ 450 billion, representing between 5 to 7% of the value of global trade (2). In Europe, in 2001, the European Union reported the seizure of 95 million items of counterfeit or pirated goods, representing approximately US$2 billion. The Federal Bureau of Investigation (FBI) in the United States estimates losses to counterfeiting to United States businesses at US$200 to 250 billion a year (3). IPC is a lucrative criminal activity with the possibility of high financial returns. It is also relatively low risk as prison sentences tend to be light when compared to other criminal activity such as drug trafficking.

IPC involves a wide range of criminal actors ranging from individuals to organized criminal groups. IPC includes the manufacturing, transporting, storing and sale of counterfeit or pirated goods. Generally, the above is organized and controlled by criminals or criminal organizations. In Northern Ireland, however, paramilitary groups are known to control some manufacturing through their links to organized crime groups.

The nature of terrorist financing

Terrorist financing is the remittance of funds to terrorist organizations or their front organizations. These sources of funding are multiple and vary between groups. Sources for funds depend on the needs of the group and its capacity to generate funds. A group like the FARC in Colombia, obviously needs to generate large amounts of money in order to support a large and relatively expensive infrastructure. In contrast some paramilitary groups in Northern

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Ireland have financial requirements under US$ 1 million per annum. The September 11 attacks have been estimated as costing less than US$500,000.

Funds given to terrorist organizations have diverse origins. Licit and illicit activities can be used to generate funds. Licit origins can include donations from sympathizers or legitimate enterprises owned by terrorist organizations. Illicit origins can include a wide range of criminal activity from drug trafficking in the case of narco-terrorists like the FARC, to credit card fraud by members of the Salafi Group for Call and Combat, or extortion or taxes by other terrorist groups.

Establishing the relationship between IPC and terrorist financing:

The link between organized crime groups and counterfeit goods is well established. But Interpol is sounding the alarm that Intellectual Property Crime is becoming the preferred method of funding for a number of terrorist groups.

There are enough examples now of the funding of terrorist groups in this way for us to worry about the threat to public safety. We must take preventative measures now.

In general, law enforcement does not treat IPC as a high priority crime. Law enforcement does not always investigate IPC cases. Investigations when initiated often tend to be seizure-based and do not extend to following onward flows of money. Even if law enforcement were to follow onward flows of money, given the high level of cash-based transactions involved, it is difficult to establish with precision the end destination of the financial flows. In relation to private industry enforcement bodies, a number of whom conduct intelligence gathering operations, generally, money trails are not of interest as the primary task is to eradicate counterfeit production and seize counterfeit goods.

In contrast, terrorist financing is regarded as a high priority for law enforcement agencies. However, much of the information about terrorist financing is highly classified or strictly controlled at a national security level due to its sensitivity. This information is often not widely .available to Interpol. Interpol usually collects such information in the context of projects involving small groups of countries. Terrorist financing is difficult to investigate due to the complex flows of money often in cash form and often laundered. This is facilitated by complicated associations of individuals through which the money transits before becoming available to the relevant terrorist group.

All of the above complicates establishing links between IPC and terrorist financing. Furthermore, much of the financing is of an indirect nature and it is difficult to attribute direct links between an individual involved in IPC and funds remitted to a terrorist organization.

Nonetheless, Interpol does not believe an investigation into Intellectual Property Crime is over when there is a seizure of counterfeit or pirated goods. We think further work needs to be done to trace the proceeds, and to establish links if possible with groups benefiting from these funds.

Law enforcement agencies have to recognize that Intellectual Property Crime is not a victimless crime. Because of the growing evidence that terrorist groups sometimes fund their activities using the proceeds, it must be seen as a very serious crime with important implications for public safety and security.

The links between IPC and terrorist financing can be categorised as follows;

Direct involvement where the relevant terrorist group is implicated in the production, distribution or sale of counterfeit goods and remits a significant proportion of those funds for

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the activities of the group.

Terrorist organizations with direct involvement include groups who resemble or behave more like organized criminal groups than traditional terrorist organizations. This is the case in Northern Ireland where paramilitary groups are engaged in crime activities. These crime activities include IPC. Involvement by these groups ranges from control or investment in manufacturing or fabrication to taxing the market stalls where counterfeit goods are sold. It is possible for illicit profit to be generated for terrorist groups at different points in the process.

Indirect involvement where sympathizers or militants are involved in IPC and remit some of the funds, knowingly to terrorist groups via third parties.

Terrorist organizations whose sympathizers are involved in IPC and who use some of the funds generated from this activity to support the terrorist group. In many cases the funding is further attenuated, involving unrecorded movements of cash via third parties. This seems to be the case with some groups like Hizbullah and the Salafi Group for Call and Combat.

Specific examples

The Interpol General Secretariat is in possession of the following examples of IPC and terrorist financing.

Northern Ireland

In Northern Ireland the counterfeit products market is estimated to cost the economy in excess of US$167 million. In 2002, the police seized in excess of US$ 11 million in counterfeit products. It is known that paramilitary groups are involved in IPC, including counterfeit cigarette trafficking. It is unknown how much of the money generated by these counterfeiting operations goes to terrorist groups and how much is retained as criminal profit.

Paramilitary involvement in IPC in Northern Ireland is through their control of the markets where many counterfeit goods are sold. Other aspects of the IPC in Northern Ireland appear to have no terrorist involvement i.e. the importation and sale of counterfeit clothing is dominated by individuals in the South Asian community in Northern Ireland.

Kosovo

An example similar to the situation in Northern Ireland is in the United Nations-administrated province of Kosovo. A significant proportion of consumer goods, (CDs, DVDs, clothes, shoes, cigarettes and computer software) available for sale, are counterfeit. The sale of counterfeit goods occurs openly and there is limited enforcement against counterfeit products due to significant legal loopholes. In Kosovo, there is a long-standing relationship between criminal organizations and local ethnic-Albanian extremist groups. This relationship is based on family or social ties. It is suspected that funds generated from IPC benefit both criminal organizations and extremist groups.

Chechen separatists

Interpol is aware of a case in 2000 in Russia, where Chechen organized crime groups and terrorist organizations were benefiting from counterfeit good

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manufacturing and trafficking. Specifically, in 2000, a joint operation between Russian law-enforcement agencies and private industry resulted in the break-up of a CD manufacturing plant. According to the police officials involved, this counterfeit CD plant was a source of financing for Chechen separatists. The CD plant was run by Chechen organized crime which then remitted funds to Chechen rebels. The FSB (Russian Federal Security Service) estimated that the average monthly earnings of the criminal organization are estimated to have been US$500,000 - 700,000. A number of explosives and arms were also confiscated by the police during raids on the residences of the suspects.

Northern African radical fundamentalists terrorists in Europe

Interpol possesses information that indicates the following in relation to IPC and terrorist financing in Europe to radical fundamentalist networks. Sympathizers and militants of these groups may engage in a range of criminal activity including IPC. Sympathizers will indirectly pass a portion of the funds generated from their illicit activity to radical fundamentalist networks. The sympathizer passes money in the form of charitable giving or zakat (charitable giving based on a religious obligation in Islam) via Mosques, Imams or non-profit organizations that are sympathetic to radical fundamentalist causes. This money is eventually moved to the radical fundamentalist terrorist group. The transactions are predominantly cash-based leaving no paper trail or way of verifying the origin or final destination of the funds. In terms of radical fundamentalist militants, these persons may for long periods of time not be directly involved in terrorist activity. During these periods, while not on active service duty, they support themselves through criminal activity like IPC or credit card fraud. A portion of the money earned in these activities is kept while a portion is remitted to radical fundamentalist terrorist groups in cash form, in ways similar to the methods used by sympathizers.

A militant active in Europe, known for his activities in radical fundamentalist organizations over the last decade has been recently convicted for trafficking in counterfeit goods. The individual’s counterfeiting associates are also known members of radical fundamentalist groups. They are reported as still being involved in large-scale counterfeit goods trafficking. This individual fits the profile outlined above of militants being involved in criminal activity to support themselves while not on active service duty. Funds are remitted to the group with which they are aligned.

Al-Qaeda

In general al-Qaeda and affiliated groups benefit from funds raised by sympathizers. This may include funds originating in either licit or illicit activities. One estimate is that over a ten-year period al-Qaeda received between $300 million and $500 million, averaging US$30 to US$50 million a year (4). According to the same source approximately 10% of spending went on operations while 90% was used to maintain the infrastructure of the network, including payments to other groups to support them or to increase al-Qaeda’s influence in these regions. A further use of these funds was the payment of money to guarantee the protection of the group in Afghanistan or Sudan.

One counterfeiting case has been reported in the media where there are alleged connections to al-Qaeda. The investigation into a shipment of fake goods from

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Dubai to Copenhagen, Denmark, suggests that al-Qaeda may have indirectly obtained financing through counterfeit goods. Danish customs intercepted a container, containing counterfeit shampoos, creams, cologne and perfume. The sender of the counterfeit goods is allegedly a member of al-Qaeda. A transnational investigation involved agencies from three countries; Denmark, the United Kingdom and the United States (5). It is difficult to know whether the funds from this traffic went directly to al-Qaeda or whether only a part of them were remitted. In general, it is possible that funds generated through IPC are remitted to al-Qaeda indirectly through zakat-based (a religious duty to give money) giving. Although given the cash-based nature of this giving it is difficult to establish the provenance of the funds.

Hizbullah

Interpol is aware of three cases of IPC-related activity and terrorist funding in South America. These cases involve ethnic-Lebanese who are involved in the remittance of funds to Hizbullah. As in the case of European radical fundamentalist groups funds are thought to be indirectly remitted via organizations associated with Hizbullah. Interpol’s information suggests that these persons are involved in the distribution and sale of counterfeit goods, not in the manufacturing or fabrication of counterfeit goods. It is suspected that most counterfeit manufacturing and fabrication is dominated by organized crime. Three examples illustrate this:

Funds generated from IPC may be remitted to Hizbullah using the following modus operandi. Counterfeit goods produced in Europe are sent to a free-trade zone in South America by a group of Lebanese criminals sympathetic to Hizbullah. The goods are then smuggled into a third country, to avoid import duties, where they are sold via a network of sympathizers and militants originating in the Middle East. An unknown amount of the money generated through this activity is suspected to be remitted to Hizbullah.

In February 2000, an individual was arrested for piracy and suspected fundraising for Hizbullah. The individual sold pirated music CDs, Sega, Sony and Nintendo game discs to fund a Hizbullah-related organization. Among the discs recovered were discs containing images and short films of terrorist attacks and interviews with suicide bombers. The discs were allegedly used as propaganda to generate funds for Hizbullah. Interpol is in possession of some of these films. This individual is currently a fugitive.

Another individual was arrested for his alleged ties with the Hizbullah in Foz do Iguazú in June 2002 after evading arrest in October 2001. The individual is wanted for tax evasion and the collection and remittance of funds to extremist organizations. Interpol files do not mention involvement in IPC. The alleged IPC connection is stated in open sources. Law enforcement sources indicate that numerous letters from organizations, suspected of being associated with Hizbullah in Lebanon, were found thanking the individual for financial contributions.

Future evolutions

Based on the following factors it is possible to state that IPC may become a more important source of illicit financing for terrorist groups.

IPC crime is a low priority for law enforcement agencies and investigations are poorly

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resourced when compared to illicit narcotics or counter-terrorism investigations. There is also a lack of generalised expertise among law enforcement agencies in recognizing and investigating counterfeit and pirated goods.

The size of the informal economy and the demand for inexpensive consumer goods means that a wide-range of products is vulnerable to counterfeiting and piracy. The demand for counterfeit or pirated goods is widespread due to perceptions that purchasing these goods is not criminal. There is a large illicit market for persons seeking to engage in low risk criminal activity.

Trafficking in counterfeit goods is a relatively easy criminal activity. A terrorist could make profit solely from the sale of counterfeit or pirated goods and does not need to be involved in the actual production or fabrication. Thus, there are relatively low entry costs and the illicit profit margins are high.

One estimate is that the profits from counterfeiting are similar to drugs trafficking; there is a return of €10 Euros for each €1 invested (6).

Other estimates are that counterfeiting is more profitable than drugs trafficking, one kilo of pirated CDs is worth more than one kilo of cannabis resin. The kilo of CDs is worth €3000 and the kilo of cannabis resin is valued at €1000 (7). The same source states that a computer game costs €0.20 to produce and sells at €45 while cannabis costs €1.52 a gram and sells at €12 (8).

In terms of the levels of risk involved, the penalties are low, for example, in France selling counterfeit products is punishable by a two-year prison term and a €150,000 fine, while selling drugs is punishable by a ten-year prison term and a €7,500,000 fine.

It follows that the profit/risk ratio is attractive not only to criminals but also to loosely networked terrorist groups, like Salafi Group for Call and Combat, who do not have the capacity to generate funds through sophisticated criminal activity.

In the case of terrorist groups who resemble organized crime groups counterfeiting is attractive because they can invest at the beginning of the counterfeiting cycle and extract an illicit profit at each stage of the counterfeiting process from production to sale, thus maximizing returns.

Conclusions There is a limited amount of information available from IPSG criminal files and Interpol Member States on IPC and terrorist financing. Drawing generally valid conclusions about IPC and terrorist financing is difficult based on the information available to IPSG. However, based on the information relating to IPC and terrorist financing available to IPSG it is possible to state with a reasonable degree of certainty the following;

1. IPC is global in its scale and scope, generating significant amounts of illicit profit;

2. IPC is a low risk/high return activity, due to the low penalties if caught, and the high return in relation to the initial investment.

3. While this testimony does not address organized crime involvement directly, it is possible to state that IPC is now dominated by criminal organizations, due to the relatively low level of risk and comparatively high level of profit.

4. IPC, as with other crime activities, involves a number of different types of criminal actors from individuals to organized criminal groups.

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5. It is generally true that terrorist groups have multiple sources of funding. These sources of funding include both licit and illicit activities. One illicit activity could be revenue generated from IPC. This can be from either direct involvement in IPC, or indirect involvement where supporters or sympathizers involved in IPC remit funds from this activity to terrorist groups.

6. Most terrorist groups do not take responsibility for the development and control of counterfeit production and distribution; rather they benefit indirectly from funds remitted to them from sympathizers and militants involved in IPC.

7. It is not possible to estimate the level of funds remitted to terrorist groups from IPC. First, terrorist financing is by its nature opaque. Second, the scale and scope of intellectual property crime is difficult to realistically estimate as the number of cases known to IPSG is limited.

8. It is, however, possible to state with certainty that paramilitary groups in Northern Ireland have financially benefited from IPC. Individuals in the Tri-border region in South America have remitted funds generated from IPC to Hizbullah-associated organizations. Funds generated from the informal economy, specifically IPC-related activities may also find their way indirectly to terrorist organizations.

9. It is possible to state that intellectual property theft is likely to become a more important source of financing for terrorist groups because it is low risk/high return. This is probably more true for terrorist groups like those in Northern Ireland due to the increasing resemblance of these groups to organized crime groups.

Recommendations

The International Criminal Police Organization (Interpol) is uniquely positioned to act to combat this criminal threat. Interpol should work to reduce organized crime involvement in IP crime and reduce the risk that IP crime becomes a preferred source of terrorist financing. There is a need to allocate resources to the investigation of IP crime and to trace the proceeds of it.

Based on the key judgments above, the following should be considered as appropriate responses to the financing of terrorism by IP crime.

1. Interpol recommends that good practice and successful models for investigating IP crime nationally should be established. Interpol should help to coordinate international action against IP Crime. The models should be based on professional law enforcement and intelligence agency investigations into terrorist involvement in IP crime and other forms of criminality. A good example is the multi-agency Organized Crime Task Force (OCTF) in Northern Ireland.

2. The work of the Interpol Intellectual Property Crime Action Group (IPCAG) should be enhanced and developed by including a wide range of stakeholders from customs, police and private industry. Under the auspices of Interpol the Group should continue to address the following IP crime enforcement issues:

a. Encourage Interpol’s 181 member countries to identify a national law enforcement IP crime central point of contact to facilitate the exchange of IP crime related information

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b. Enhance the exchange of information and intelligence on IP crime between law enforcement agencies

c. Enhance and strengthen the operational contact network of private and public partners throughout Interpol’s four regions - Africa, the Americas, Asia and Europe

d. Develop and disseminate the IP crime best practice guide

e. Develop and deliver training for IP crime investigations to law enforcement agencies

f. Raise awareness of the issue of IP crime and its link to terrorist organizations and serious organized crime

3. Interpol proposes establishing a three-year private/public IP crime program of activities. It will be coordinated by a dedicated IP Crime Unit at the General Secretariat and supported throughout Interpol’s 181 Member States by a network of dedicated IP crime liaison officers located in the four Interpol Regions. The aim of the program will be to develop and maintain a private/public IP crime partnership to:

a. Develop strategies and programs to combat international criminal activity linked to IP infringement

b. Raise awareness of IP crime and its links to terrorism and serious organized crime

c. Facilitate and improve the exchange of information and intelligence on IP crime

d. Coordinate international cross-border multi-agency investigations into IP crime

(Source: www.iccwbo.org)

READING AND ESSAY WRITING

It’s an age crime: stealing.But it’s not about picking a pocket or holding up a bank. It's robbing people of their ideas, inventions, and creative expressions–what’s called intellectual property–everything from trade secrets and proprietary products and parts to movies and music and software.It’s a growing threat–especially with the rise of digital technologies and Internet file sharing networks. And much of the theft takes place overseas, where laws are often lax and enforcement more difficult. All told, intellectual property theft costs U.S. businesses billions of dollars a year and robs the nation of jobs and lost tax revenues.Preventing intellectual property theft is a top priority of the FBI’s cyber program. We specifically focus on the theft of trade secrets and infringements on products that can impact consumers' health and safety, such as counterfeit aircraft, car, and electronic parts. Key to our success is linking the considerable resources and efforts of the private sector with law enforcement partners on local, state, federal, and international levels.

In Depth

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Initiatives & Operations- Anti-Piracy Warning Seal- Operation Wingspan- Operation Fast Link- Operation Network RaiderStories and Cases- Theft of Creativity: Joining to Stop It- Hybrid Technology Theft Case- New York Rolls Up Movie Piracy Rings- Curse of the Green-Glow Camcorder

Get Educated- Dangers of Peer-to-Peer Networks- StopFakes.gov Website- Victim’s Guide (pdf)Report Violations- Contact Your Local FBI Office- File a Cyber ComplaintKey Partnerships - National Intellectual Property Rights Coordination Center- Task Force on Intellectual Property Crime

(Source: www.fbi.gov)

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Chapter 10

BANK FRAUD

Exercises

I. Discussion:

1. In your opinion, can the concept of Bank Fraud be connected to Internet fraud? If your answer is an affirmative one can you enlist other types of crimes connected to electronic fraud?

Answer: In our opinion, Bank Fraud concept is strength connected to Internet Fraud. Other types of crimes (in the same area) are: software piracy, telemarketing fraud, wire fraud, mail fraud, money laundering etc.

2. Do you consider setting up ATM system as one of the means of Bank Fraud? Just try to mention some advantages and disadvantages (if they exist).

Answer: To our point of view , creating the ATM system is not expressly, but it is for sure a potential, possible means of Bank Fraud. That is the reason why we included this topic in connection to Bank Fraud. Of course there exist advantages, as well as disadvantages, such as:

– Advantages:

– No time spent queuing or journey time to travel to and from the bank

– Trustees can instantly see what is happening with their money rather than waiting for statements to be sent

– You handle many banking transactions via your personal computer

– Disadvantages:

– Computer banking requires some personal computer skills, although banks are making effects to make their software as “user friendly” as they can

– Criminals began to exploit areas such virtual banking on-line gambling, and where now developing a new generation of stimulants, the effects of which of could be experienced without actually possessing them

– Although banks refuse to discuss the subject, it is believed that have already been several instances of extortion in which criminals have threatened to disrupt the systems of specific institutions with high-intensity radiation devices.

3. Can you define economic crimes- in a few words?

It is a lot to be said along this topic, but the shortest version we can think of is that “Economic crime refers to all crimes which are related to money and the central deals with Bank Frauds”.

II. Vocabulary

Match the word on the left side its appropriate definition:

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1. PASSWORD A) Document containing blank checques that have not been2. STANDING ORDER written3.CHEQUEBOOK B) Banking transactions conducted through computerized4. TRUSTEE systems, as electronic funds transfer by automated-teller5. ELECTRONIC BANKING machines, intended to spend operations, reduce costs etc.6. SECURITY C) Instructions given by a customer asking a bank to make regular payments7. MARKET SEGMENT D) Financial investment such as shares or lands, or related certificate showing who owns it E) Groups of customers that share similar characteristics, such as age, income interests etc F) Secret word combination of letters or numbers which is used for communicating with your bank representative or with a computer to prove your identity G) A person, bank or thrust company that has responsibility over financial aspects( receipt, disbursement and investment of funds

III. Language work:

Match the word on the left column with a word from the right column so that they create meaningful expressions on the topic:

A) Teller 1 – transaction B) Savings 2 – a feeC) Paper 3 – fundsD) Debit 4 – paymentE) To charge 5 – accountF) Insurance 6 – cashierG) To transfer 7 – machineH) Personal 8 – premium I) Electronic 9 – transfer J) Store 10 – card K) Authorized 11 – statementL) Periodic 12 – computer

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IV. Grammar – Conditional sentences:

In each sentence choose the most suitable of the verbs underlined:1. If I have a party/ If I had a party, I will invite all my friends.2. If I know the answer/ If I knew the answer, I’d tell you.3. If I have a car / If I had a car I wouldn’t go to work by bus.4. It won’t be / It wouldn’t be the same if you are not going to come.5. If I told you / If I tell you I had something else to do on that weekend, would you still be

mad with me.

B. Read the text:The amount of “dirty money” entering the global banking global system has become to worry western governments. In 1989, the Financial Action Task Force was set up by the landing industrial nations to look at ways to prevent money laundering-which has brought criminals into contact with a world where individuals are courted by hundreds of banks, lager to provide personal investment services.

Once embedded in the banking system, money from ill-gotten gains may be indistinguishable from the legal fruits of honest endeavor. About 70% of U.N. members face money laundering. Some deliberately set lax rules in order to attract funds, whatever their origin.

I. Text Comprehension

1. Find in the text the phrase(s) which expressly points out the connection between money laundering and bank fraud:

2. How would you interpret the following: “Some deliberately set lax rules in order to attract funds, whatever their origin.”

II. Synonyms – give the suitable synonyms/explanations where necessary, for the following words in the text: a. dirty moneyb. clean moneyc. money launderingd. set upe. (be) courtedf. Eager (to)g. Embeddedh. Endeavouri. Lax rulesj. Fruits

a. Rootedb. Effortc. Lightly, non-compulsoryd. profit

III. Have a look at the word criminal. How many types of criminals could you enumerate? Try to arrange them in relation to their activities (eg. Crime-criminal)

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IV. GRAMMAR. Chose the most suitable tense in the context:

1. I suddenly realized that I forgot/forgotten my briefcase at the office.2. While I read/was reading the memo, the manager called an urgent meeting.3. I used to like/was liking casual Fridays more then I do now.4. By the time we arrived at our business partners, the meeting already finished/had

already finished.5. When you lived in Paris, did you use to travel/were you traveling by tube?6. By the time the meeting is finished I will finish/will have finished typing the document.7. This is the first time I see/have seen him.

Automated Teller Machine

1. Translate into Romanian

Automated teller machines or “24-hours Tellers”, are electronic terminals that let you bank almost any time. To withdraw cash, make deposits, or transfer funds between accounts, you generally insert an ATM card and enter your personal identification number (PIN). Some ATM’s impose a surcharge, or usage fee, on consumers who are not members of their institution or on transactions at remote locations. ATM’s must disclose the existence of a surcharge on the terminal screen or on a sign next to the screen. Check the rules of your institution to find out when or whether a surcharge is imposed.

2. Translate into English

Operaţiunile electronice implică atât avantaje cât şi dezavantaje, dar opinia majoritară este că îmbunătăţirile tehnologice (evoluţia calculatorului) au dat şansa oamenilor de a-şi cheltui banii peste tot în lume fără a mai fi limitaţi de “birourile/casele de schimb” şi în acelaşi timp le-au dat şansa de a comunica cu bancile lor mai repede şi mai eficient.

Eventualele dificultăţi ce ar putea apărea in cadrul acestui proces, ar fi:

– acest sistem cere unele abilităţi, deşi băncile şi societăţile fac eforturi pentru a-şi face softurile cele mai “prietenoase” cu putinţă.

– o companie sau o persoană juridică ce a folosit un anumit sistem bancar pentru o perioadă îndelungată de timp şi îşi găseşte un nou sistem de operare, iniţial mai greu de înţeles şi operat. De asemenea, înseamnă că trebuie să se adapteze şi să se modifice mijloacele interne de control financiar.

3. Have a look at the word criminal. How many types of criminals could you enumerate? Try to arrange them in relation to their activities (eg. Crime-criminal)

4. GRAMMAR. Chose the most suitable tense in the context:

8. I suddenly realized that I forgot/forgotten my briefcase at the office.

9. While I read/was reading the memo, the manager called an urgent meeting.

10. I used to like/was liking casual Fridays more then I do now.

11. By the time we arrived at our business partners, the meeting already finished/had already finished.

12. When you lived in Paris, did you use to travel/were you traveling by tube?

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13. By the time the meeting is finished I will finish/will have finished typing the document.

14. This is the first time I see/have seen him.

World banking system is a 'money launderers' dream'

Reports say the ease and speed of 'megabyte money' make it simple to conceal crooked cash, writes Ian Hamilton Fazey.

It was the biggest money laundering investigation in US history. Evidence had been gathered secretly over many months by undercover officers risking their lives. The suspects were lured to Las Vegas for a conference on money laundering. Then the police struck, arresting 22 banking officials from Mexico's largest financial institution, plus 14 alleged members of Mexican and Columbian drug cartels and another 70 linked to them. Seizure warrants were issued to recover $122m (£73m) from bank accounts in the US and Italy, to add to $35m seized so far. The operation so damaged confidence in Mexican banks that their shares fell collectively by 4% in panic selling.But as Operation Casablanca struck its blow in the Americas, officials of the United Nations Drug Control Programme in Vienna were editing the final version of a report -to be released soon-that puts the US triumph into a gloomy perspective.It says that at least $200bn of drug money is laundered every year, but with the illegal international drug trade valued at $500bn, this is probably a conservative estimate. In a good year, up to $550m

will be recovered through anti-money laundering measures an annual success rate of about a quarter of 1% of laundered funds. Operation Casablanca, with $157m, will probably make hardly vintage.The report has been prepared by a group of experts for a special session of the UN General Assembly on drugs in New York. With the growth of the international drug trade, more ill-gotten money is being laundered than ever, partly on the back of electronic banking and the increasing globalization and speed of operation of the international financial system.Cashless transactions, electronic trading and computerized clearing mean that what the report calls 'megabyte money' can be moved anywhere with speed and ease. With 700,000 wire transfers worth $2,000bn every day, the report says it is 'a reasonable guess that 0.05% to 0.1% contain laundered funds to a value of $300m'. and even though half the total volume of transactions are bank-to-bank transfers of 'aggregate funds' for settlement or loans, the report says the 'complicity of corrupted bank employees' ensures these also contain

laundered money. 'This system is a money launderer's dream.' The one thing law enforcement officers have on their side is that criminals have to play by the rules of the system in order to use it. While it is impossible to spot transactions in progress once money is in the system, criminals have to risk exposure in putting it there. UN officials want the process made riskier.At present, criminals reduce their risk by operating through offshore financial havens with lax financial regulation and poor banking supervision. They also hide behind banking secrecy, and disguise the ownership of assets by setting up shell companies and offshore trusts in jurisdictions where no questions are asked about shareholders and beneficiaries. Many accounts and trusts are known as 'walking' ones, where there is a standing instruction to move the accounts to another jurisdiction at the first sign of inquiry by the authorities. UN officials accept that commercial confidentiality, legal tax avoidance and the easing of capital transfers at low or nil tax rates are legitimate reasons for bank secrecy and disguising

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corporate ownership, but they the system is too lax in some places, allowing infiltration for illicit or nefarious purposes. 'One of the most striking things about offshore financial centers is the enormous increase that has taken place in the number of banks, 'says the report. Banks can be set up with relative speed and ease and a minimum of due diligence investigation, so long as they meet a basic level of funds, which can vary between one jurisdiction and another.Exporting bulk cash, usually in $100 bills and sometimes carried under diplomatic cover, is the favoured method of getting deposits to banks where no questions will be asked. Casinos in offshore centres are a favourite for a while at the tables then exchanges the chips back again. Instead of a cheque, some casinos offer immediate electronic transfer of 'winnings' to an offshore bank account.

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A. Understanding main points

Read the text on the opposite page about how organized crime uses the international banking system to tide its money and answer these questions.

1. Where did the police arrest the Mexican money launderers?

2. How many people were arrested in total?

3. What was Operation Casablanca designed to do?

4. How much drug money is thought to be laundered world-wide every year?

5. According to the UN Drugs report, how much is the illegal drugs business worth every year?

6. How much can be recovered through anti-laundering measures?

7. How is it that more and more money can be laundered? What systems are used?

8. Do criminals have to abide by the same rules as legitimate bank customers?

9. How do criminals hide their financial transactions from officials?

10. What are the legitimate reasons for bank secrecy?

B. Understanding detailsAnswer these questions.

1. What is meant by megabyte money?2. What are aggregate funds normally used for?3. Why do UN officials want to make banking riskier?4. Who are the shareholders and beneficiaries?5. What is meant by a waiking account?6. Why has the number of banks increased so much?7. What must a bank have in order to be established, in certain places?8. What is the favourite way of transporting illegal funds?9. Why are casinos so popular for money laundering?10. What can the casino offer to do with the 'winnings'?

Cell Phone Fraud

Cell phone fraud can occur in two different ways, by identity theft, and by cell phone cloning. Here is what the FCC has to say about cell phone fraud and how to protect yourself if it happens to you.

How does cell phone fraud work?

"Cellular fraud (cell fraud) is defined as the unauthorized use, tampering, or manipulation of a cellular phone or service. At one time, cloning of cellular phones accounted for a large portion of cell fraud. As a result, the Wireless Telephone Protection Act of 1998 expanded prior law to criminalize the use, possession, manufacture or sale of cloning hardware or software. Currently, the primary type of cell fraud is subscriber fraud. The cellular industry estimates that carriers lose more than $150 million per year due to subscriber fraud.

What Is Subscriber Fraud?

Subscriber fraud occurs when someone signs up for service with fraudulently-obtained customer information or false identification. Lawbreakers obtain your personal information and use it to set up a cell phone account in your name.

Resolving subscriber fraud could develop into a long and difficult process for victims. It may take time to discover that subscriber fraud has occurred and an even longer time to prove that you did not incur the debts. Call your carrier if you think you have been a victim of subscriber fraud.

What Is Cell Phone Cloning Fraud?

Every cell phone is supposed to have a unique factory-set electronic serial number (ESN) and telephone number (MIN). A cloned cell phone is one that has been reprogrammed to transmit the ESN and MIN belonging to another (legitimate) cell phone. Unscrupulous people can obtain valid ESN/MIN combinations by illegally monitoring the radio wave transmissions from the cell phones of legitimate subscribers. After cloning, both the legitimate and the fraudulent cell phones have the same ESN/MIN combination and cellular systems cannot distinguish the cloned cell phone from the legitimate one. The legitimate phone user then gets billed for the cloned phone’s calls. Call your carrier if you think you have been a victim of cloning fraud."

Mr Y,

The purpose of this letter is to inform you about the negative things that happen in your company. Although this was not a very comfortable situation for me, I feel obliged to expose to you the entire truth about one of your trustworthy employees, and I’m referring to x.

I will start by telling you the circumstances in which I discovered the real intentions of this person. It was on April the 2nd, a normal day of work, at least for me. I was doing my job, as usual, and, as I was explaining to a customer the procedure that he was supposed to follow, I overheard my colleague talking to the phone. I’m sure that nothing seems peculiar so far, but what I will say to you will certainly give you something to think about. The subject of my letter was introducing herself as another person, with different names and address. As you may presume, this detail I overheard made me very curious and that is the main reason for my actions that followed the incident. The entire week I applied all the tricks and actions I either observed in movies or read in books, and I sincerely think that even the most experienced detective would have been proud of me. So, I started to listen attentively to all her phone conversations and I soon discovered that she was involved in some sort of business that has nothing to do with the job you are paying her for, and further more she is causing you monthly losses. I continued my investigation and I was surprised to find out that she has opened an account in a false name and is selling calls to other office workers.

This is where my contribution to the reduction of criminality ends and also this is the moment in which you can interfere. I hope I acted right.

Your employee, Z

BT launches fresh attack on phone crime

British Telecommunication (BT) is mounting a new offensive against the barons of organized telephone crime who are costing it hundreds of million of pounds annually. Its chief weapon is a new technology that can cut the time to detect and prove fraud from –in some cases- years to minute. Developed with BT’s former partner, MCI of the US, the system has already been tested by BT’s calling card division, where it has doubled the number of frauds spotted and halved the financial losses. Now it is being deployed across BT’s business services.

The level of UK phone crime is hard to assess, but it is costing operators a minimum of £200m ($334, m) a year. Trade organizations put the figure at 55,000 crimes reported, with a similar number of unreported fraudulent calls. And forget youngsters and amateurs: telephone fraud is big time crime. Some of the UK’s best known villains are defrauding the operators to fund activities ranging from drugs to terrorism, according to Dennis Gotts, head of BT’s investigations unit. ‘this is more than stealing 10p from a call box’ , he says. ‘Famous individuals in the criminal fraternity are involved. they know BT’ network and they know what they are doing’.

Telephone crime can be absurdly easy. Opening an account in a false name and selling calls to international destinations before disappearing when the bill is due is one of the simplest. In one case earlier this year, a gang of Thamil sympathizers siphoned off or diverted some £2m from 400,000 fraudulent calls to Sri Lanka before they were arrested, convicted and imprisoned.

It took BT’s investigators two years to collect the evidence to put the gang on trial. The new system, called ‘Sheriff’, will be able to do the job in minutes. Detection involves analysis of

hundreds of millions of call records looking for unusual patterns: an unexpectedly large number of calls to a particular number or destination , for example, or calls made at unusual hours or from unusual locations.

BT’s fraud strategy manager said the company services were already protected, but by individual systems. The need was for a single system so fraud alert data could be shared across product lines.

Sheriff uses artificial intelligence for analysis and an advanced ‘object-orientated‘ database from Versant, a US company, to provide the speed and reliability needed to sort through a minimum 120m calls a day on BT’s network. The system ‘learns’ from its experience, so improving its ability to detect future frauds.

BT is considering offering a tailored fraud-detection service to its large corporate customers.

A. Understanding main points

1. Who pays the bills when is telephone crime?2. What is BT’s calling division?3. How much does telephone crime cost operators a year?4. How many fraudulent calls are made each year according to trade organizations?5. Is telephone crime mainly committed by professional criminals or bored

youngsters?6. What is the simple example of telephone crime mentioned in the text?7. How does BT plan to protect itself from fraud?8. How has new technology helped BT solve crimes?

B. Understanding details

What do the following figures refer to in the text?

1. $334m.

2. 55,000 400,000.

3. £2m

4. 120m

C. Complete the sentence

Use an appropriate word from the text to complete the six stages of telephone crime.

1. A criminal has to open an …………..

2. next, he has to give a ……..name.

3. The crime consists of making contact with people who need to ……a lot of expensive phone calls but have little money.

4. These people agree to ……the criminal in cash for the calls they make –not the real costs of course, much less.

5. The criminal then sells hundreds of long-……. phone calls –to Australia, for example.

However, when the bill is …….at the end of the month, the criminal disappears.

Chapter 11

TAX EVASION

EXERCISES

Activity 1

Match each paragraph (1-7) with its corresponding heading (a-g).

1) The legal utilization of the tax regime to one's own advantage, in order to reduce the amount of tax that is payable by means that are within the law.

2) This is a felony and the general term for efforts to not pay taxes by illegal means.

3) This term is a synonym for tax avoidance. Its original use was by tax advisors as an alternative to the pejorative term of tax avoidance. Latterly the term has also been used in the tax regulations of some jurisdictions to distinguish tax avoidance foreseen by the lawmakers from tax avoidance which exploits loopholes in the law.

4) Most countries impose taxes on income earned or gains realized within that country regardless of the country of residence of the person or firm. Most countries have entered into bilateral double taxation treaties with many other countries to avoid taxing nonresidents twice – once where the income is earned and again in the country of residence (and perhaps, for US citizens, taxed yet again in the country of citizenship) – however, there are relatively few double-taxation treaties with countries regarded as tax havens. To avoid tax, it is usually not enough to simply move one's assets to a tax haven. One must also personally move to a tax haven (and, for U.S. nationals, renounce one's citizenship) to avoid tax.

5) The difference between the amount of tax legally owed and the amount actually collected by a government is sometimes called the tax gap. In the United States, the IRS estimated in 2007 was that Americans owed $345 billion more than they paid, or about 14% of federal revenues for FY 2007.

6) Corrupt tax officials cooperate with the tax payers who intend to evade taxes. When they detect an instance of evasion, they refrain from reporting in return for illegal gratification or bribe. Corruption by tax officials is a serious problem for the tax administration in a huge number of underdeveloped countries

7) The refusal to pay a tax for conscientious reasons (because the resister does not want to support the government or some of its activities). They typically do not take the position that the tax laws are themselves illegal or do not apply to them (as tax protesters do) and they are more concerned with not paying for what they oppose than they are motivated by the desire to keep more of their money (as tax evaders typically are).

A) corruption by tax officials

B) statistics

C) double taxation

D) tax avoidance

E) tax resistance

F) tax evasion

G) tax mitigation

Activity 2

Translate into English

Scutirile de la plata taxelor

Scutirile de taxe sunt investiţii care permit sau care susţin permiterea, ducând la o reducere a taxelor pe venit. Chiar dacă lucruri ca proprietatea asupra unei case, planurile de pensii, şi pensiile private pot fi considerate drept scutirii de la plata taxelor, aceste fonduri din ele nu sunt supuse impozitării, cu condiţia ca acestea să fie păstrate în contul de pensii private pe perioada de timp cerută, termenul scutire de taxe a fost iniţial folosit pentru a descrie anumite investiţii făcute sub forma parteneriatului limitat, unele dintre acestea fiind considerate a fi abuzive.

Ministerul american de justiţie şi autorităţile fiscale s-au unit recent pentru a desfiinţa scutirile de taxe abuzive. În 2003 Subcomisia permanentă de Investigaţii a Senatului a ţinut audieri cu privire la scutirile de taxe care au fost intitulate: Industria scutirilor de taxe din SUA: Rolul contabililor, avocaţilor şi specialiştilor economici. Multe dintre aceste scutiri de taxe au fost create şi oferite de către contabilii unor mari firme de contabilitate americane.

Activity 3

Read the text and answer the answer the questions below:

1. Which are the services that are funded in the process of tax paying?

2. How companies see tax dodging in the business operations?

3. Which is the number that that developing countries lose every year as a direct result of corporate tax dodging?

4. Which type of countries loses out in their business operation?

5. Which is the popular way of dodging tax?

6. Which is the mechanism of tax havens?

7. What is the UK’ role in helping companies?

8. How the City of London acts for there tax havens?

Tax is a key weapon in the fight against poverty. Taxes paid by companies and individuals enable governments to fund vital public services such as health care, education, clean water and electricity, and to finance anti-poverty programmes throughout the world. So when multinational corporations fail to pay the tax they owe, it’s the poor who pick up the bill.

Yet companies now see tax dodging as a legitimate part of their business operations.

And the cost is enormous. Developing countries lose an estimated £250 billion every year as a direct result of corporate tax dodging – money which could be used to reach the UN's Millennium Development Goals several times over. Tax avoidance and capital flight cost Africa five times what it receives in aid in each year.

And it's not just developing countries that lose out. Britain also loses an estimated £100 billion a year through tax dodging. That's enough to double funding for the NHS. Alternatively, the same sum could cover the full state pension, eradicate student fees and enable Britain to reach the UN aid target of 0.7% of gross national income overnight.

One popular way of dodging tax is to register companies in tax havens, locales that allow companies to get away with paying minimal tax, if any. Tax havens also place little or no reporting requirements on companies, allowing them to keep secret the true sums they should be paying in tax. This then denies vital revenue to the countries in which those companies have made their profits.

Another favourite method is trade mispricing, including through the mechanism of transfer pricing. Transfer pricing involves selling items between different parts of a multinational company and deliberately mispricing the sales so as to shift the company's tax obligations to countries where it will pay less. In this way companies have 'charged' themselves over £4,000 for a ballpoint pen and under £1 for an entire prefabricated building in order to dodge the tax they owe. Transfer pricing abuse costs developing countries around £100 billion a year – twice what they receive in aid.

The UK plays a major role in helping companies dodge the tax they owe. Many of the world’s tax havens are British, whether overseas territories such as the Cayman Islands, Bermuda and British Virgin Islands or Crown Dependencies such as Jersey, Guernsey and the Isle of Man.

The City of London acts as the nerve centre for these tax havens and support an army of pinstriped lawyers and accountants devoted to helping companies dodge tax. But as these individuals rack up ever greater profits for their companies (and cash in their own Christmas bonuses) it is the poor who are left to pay the price.

War on Want believes it's time to put an end to this corporate tax scandal. And justice, like charity, begins at home. The UK is a major part of the global problem of corporate tax dodging. We believe it should be part of the solution.

Activity 4

Fill in the gaps with the most suitable word given in the box that follows. There is one extra word.

any has our could during by have since than should the were in of on more

... news that more than 60 percent of U.S. corporations failed to pay... federal taxes from 1996 through 2000 when corporate profits... soaring and that corporate tax receipts had fallen to just 7.4 percent of overall federal tax revenue... 2003 – the lowest... 1983 and the second-lowest rate since 1934 – is an outrage. But it... come as no surprise to anyone who ... been paying attention to national tax policy over the past few years. The General Accounting Office (GAO) report also found that an astonishing 94 per cent... corporations reported tax liability of less...5 percent of their total income during the same time period. Corporate tax dodging has gone... for far too long. But the policies of the Bush administration have exacerbated the problem... furthering the culture of tax avoidance by big corporations and creating a pervasive unfairness in... tax code.

With Tax Day (April 15) fast approaching and the Bush administration continuing to make the case that the Bush tax cuts have benefited American families, the GAO report... not be timelier in painting a far less rosy picture. Both the GAO study and the historical record support the conclusion that any benefit working families... received from the Bush tax cuts has been... than offset by the additional tax burden they must bear because corporations no longer pay their fair share of taxes.

Source: http://en.wikipedia.org/wiki/tax-evasion

1. Fill in the blanks with the missing words or expressions given:

Laws Opportunities

Evade Identifies Jurisdictions

Tax havens Avoid Tax laws Existence Foreign capital

There are several definitions of (1)_____.The economist has tentatively adopted the description by Geoffrey Colin Powell (former Economic Adviser to Jersey ): "What (2)_____ an area as a tax haven is the (3)_____ of a composite tax structure established deliberately to take advantage of, and exploit, a worldwide demand for (4)_____to engage in tax avoidance". The Economist points out that this definition would still exclude a number of (5)_____ traditionally thought of as tax havens. Similarly, others have suggested that any country which modifies its (6)_____ to attract (7)_____ could be considered a tax haven. According to other definitions, the central feature of a haven is that its (8)_____and other measures can be used to (9)_____or (10)_____ the tax laws or regulations of other jurisdictions.

2. Translate into Romanian

Bermuda does not levy income tax on foreign earnings, and allows foreign companies to incorporate there under a "legal" status.

Exempt companies may not hold real estate in Bermuda or trade there, nor may they be

involved in banking, assurance, reinsurance, fund management or similar business, such as investment advice, without a license.

The island also maintains a stable, clean reputation in the business world.

At present, there are no benefits for individuals.

In fact, for a non-Bermudian to own a house on the island, they would have to pay a minimum of $15,000 a year.

3. Match each paragraph (1-8) with its corresponding heading (A-H):

A. Isle of Man

B. New Zealand

C. Delaware

D. British Virgin Islands

E. Malta

F. Switzerland

G. Barbados

H. Gibraltar

I. Panama

J. Cyprus

(1) A 'Low-tax regime' not 'Tax haven'. – The government of Barbados sent off a high level note to members of the United States Congress recently in protest of the label "Tax Haven" stating it has the potential to undermine or override the Barbados/United States double taxation agreement.

(2) The 2000 KPMG report to the United Kingdom government indicated that the British Virgin Islands was the domicile for approximately 41% of the world's offshore companies, making it by some distance the largest offshore jurisdiction in the world by volume of incorporations. The British Virgin Islands has, so far, avoided the scandals which have tainted less well regulated offshore jurisdictions.

(3) This jurisdiction has grown recently in popularity and anticipates further future growth. As a jurisdiction Cyprus is in a position to exploit its unusual position as an offshore jurisdiction which is within the EU. 10% corporate tax (0% for shipping companies), 20 - 30% income tax, 20% CGT.

(4) A state of the USA which has a significantly low income tax levels (below 6%) and provides tax incentives to US corporations (currently having around 50% of US PLCs registered there) it also has partnership taxation laws which make it favourable to non-US entities, typically allowing taxation at 0% where the partners are registered in non-US jurisdictions.

(5) It is no longer considered a non-cooperative. Tax haven since 30 June 2006. No new Exempt Company certificates are being issued from that date. All previous Exempt Company certificates will be ineffective from 2010.

(6) This country does not charge corporation tax, capital gains tax, inheritance tax or wealth tax. Personal income tax is levied at 10–18% on the worldwide income of Isle of Man residents, up to a maximum tax liability of £100,000. Banking income tax is levied on the profits of Isle of Man based banks at 10% and income from the rent of Isle of Man property is levied at the same rate.

(7) It is a tax haven for foreigners who become resident after negotiating the amount of their income subject to taxation with the canton in which they intend to live. Typically taxable income is assumed to be five times the accommodation rental paid. French-speaking Vaud is the most popular canton for this scheme, thus it is usually called "forfait fiscal". For businesses, the canton of Zug is popular, with over 6000 holding companies.

(8) In this place 'Offshore' entities are not prohibited from carrying on business activities in Panama, other than banks with International or Representation Licenses (see Offshore Business Sectors) but will be taxed on income arising from domestic trading, and will need to segregate such trading in their accounts.

4. Read the texts and answer the following questions:Every so often we read that governments are going to crack down on tax havens and offshore bank accounts. The latest threats to do this have come in the wake of the financial crisis and economic recession that began in 2008. However, attacking offshore tax havens is not new. And it would appear that such attacks by various politicians rarely amount to more than window dressing to placate the masses and an attempt to divert blame for any economic woes from themselves.

A tax haven is a country which has little or no income tax. Some tax havens have zero income taxes, while others may have very low taxes - or only tax local income not worldwide income. Another issue is whether a country taxes domestic income only or worldwide income. Most countries tax worldwide income, which means if you live in the USA but earn income in the UK, then the UK income is also taxable and is to be considered part of your total income for tax purposes.

The attraction of tax havens is obvious. If you live there, or do business there, you could end up keeping a lot more of your own money. For it never pays to forget that income tax is a tax on your very life. Your labour is part of your life. If someone were to claim 80% of your labour without pay, and only give you food and shelter in return, then you'd have a good working definition of slavery. And the rates of tax prevalent today are akin to slavery in every way - with most developed countries raking off 50% or more of their resident's money with income and other forms of tax. So a tax haven is exactly that - a safe haven, if you will, from predatory taxes.

The truth is that tax competition, like any competition, is healthy. The very existence of low tax or no tax jurisdictions keeps other countries on their toes, and draws a line in the sand as to how high they can push their own tax rates - without causing an exodus of their best and most productive people.

But there are other reasons why tax havens and offshore bank accounts will not be abolished any time soon - human nature; and, in particular, the nature of many politicians. You see, if there were no tax havens, no places to "hide" money - then what would the corrupt politicians of this world do with their ill-gotten gains?

Analysis of affiliate-level data indicates that American multinational firms use tax haven affiliates to reallocate taxable income away from high- tax jurisdictions and to defer home country taxes on foreign income. Ownership of tax haven affiliates is associated with reduced tax payments by nearby non-haven affiliates, the size of the effect being equivalent to a 20.8 percent tax rate reduction.

Governments and tax authorities around the world seem to have taken to asserting that tax havens have had a large part to play in the collapse of the banking system and troubles in the financial markets.

But there is another side to this; tax havens have also played a helpful and beneficial part in the world of international finance and investments – and they can continue to do so. Some tax havens have complex exchange control laws, it is therefore necessary to have, prior to any investment, the country's authorization. Investors have to be prudent in their commercial agreements if they have not received the country authorization.

1. Which are the threats that have come with the financial crisis?

2. What is a tax haven?

3. Why is the attraction of tax havens so obvious?

4. Why is the tax competition healthy?

5. Who are interested in tax havens?

6. How does the opportunity to use tax havens influence economic activity in nearby non-haven countries?

7. What was the major effect of tax havens?

8. What happens if you don’t receive the country authorization?

TAX HAVENS

1. Fill in the blanks with the missing words or expressions given. There is one extra that you do not need to use:

POLICY, LAWS, OPPORTUNITIES, EVADE, IDENTIFY, JURISDICTION, TAX HAVENS, AVOID, TAX LAWS, EXISTENCE, FOREIGN CAPITAL

There are several definitions of (1)_____.The economist has tentatively adopted the description by Geoffrey Colin Powell (former Economic Adviser to Jersey ): "What (2)_____ an area as a tax haven is the (3)_____ of a composite tax structure established deliberately to take advantage of, and exploit, a worldwide demand for (4)_____to engage in tax avoidance". The Economist points out that this definition would still exclude a number of (5)_____ traditionally thought of as tax havens. Similarly, others have suggested that any country which modifies its (6)_____ to attract (7)_____ could be considered a tax haven. According to other definitions, the central feature of a haven is that its (8)_____and other measures can be used to (9)_____or (10)_____ the

tax laws or regulations of other jurisdictions.

Source: http://en.wikipedia.org/wiki/tax-evasion

Chapter 12

POLICE REPORT WRITING

Writing task

Give three examples of police reports.

Chapter 13

THE ORGANIZATIONAL CHART OF ROMANIAN MINISTRY OF ADMINISTRATION AND INTERIOR

Exercise 1

Fill in the blanks with the missimg words:

Here are the most coomonly used expressions used in a presentation.(abridged from Business Class by David Cotton)

Chapter 14

ETHICS AND PROFESSIONAL DEONTOLOGY2 Exercitii de fill in si matching (on the topic of police ethics sau professional ethics)

Chapter 15

INTERNATIONAL POLICE COOPERATION IN THE SCHENGEN SPACE3 Exercitii de fill in, questions si matching (on the topic of international police cooperation

and Schengen space)

Chapter 16

HUMAN RIGHTS AND THE POLICE3 Exercitii de fill in, questions si matching (on the topic of

human rights and the police)

Si doua studii de caz

Chapter 17

MASS MEDIA AND LAW ENFORCEMENT3 Exercitii de fill in, questions si matching (on the topic of

the image of police in mass media)

Chapter 18

THE USE OF FIREARMS

SELECTIVE BIBLIOGRAPHY

Adler, Ronald – Communicating At Work, Mc Graw- Hill, inc, New York, 1992

ARCA-Romanian Forum for Refugees and Migrants, Bucharest, Romania (ARCA-Forumul Român pentru Refugiaţi şi Migranţi), available at: http://www.intercultural.ro/rom/index.html, LAST ACCESSED: 22.12.2011.

BBC Monitoring Reports, (United Kingdom), Al-Qaidah Trading in Fake Branded Goods, 11/09/2002; Australian Financial Review, (Australia), Big Business Targets Terrorist Pirates, 29/01/2003

Bedi, Rohan – Money Laundering - Controls and Prevention, ISI Publications, 2004;

Câmpeanu, Anca – Mica Românie din Spania (“The Small Romania in Spain”), in National Geographic, June 2009.

Codul de Etică şi Deontologie al Poliţistului, aprobat prin Hotărârea Guvernului nr. 991 din 25 august 2005;

Cotton, David, Robbins, Sue – Business Class, Nelson, 1993

Definition as used on page 11 by The Organized Crime Taskforce, Northern Ireland, in The Threat: Assessment 2002 Serious and Organized Crime in Northern Ireland The Police Service of Northern Ireland

Drimba Ovidiu – Istoria culturii şi civilizaţiei, vol. I, Editura Ştiinţifică şi Enciclopedică, Bucureşti, 1984

Explosion de la contrefaçon, Affiches Parisiennes et Départementales, 4th-5th July 2002.

Ionescu, Florin – Dicţionar de americanisme, Editura Universal Pan, Bucureşti, 1998

Jean-Charles Brisard, JCB Consulting – Report prepared for the President of the Security Council, United Nations, Terrorism Financing: Roots and trends of Saudi terrorism financing, December 19, 2002

La contrefaçon de CD plus rentable que le trafic de hasch, Marianne, 10th-16th December 2001.

Legea nr. 48/2002 pentru aprobarea Ordonanţei Guvernului nr. 137/2000 privind prevenirea şi sancţionarea tuturor formelor de discriminare

Legea nr. 360/2002 privind Statutul poliţistului, cu modificările şi completările ulterioare;

Legea nr. 550/ 2004 privind organizarea şi funcţionarea Jandarmeriei Române

Mihaela Miroiu, Gabriela Blebea-Nicolae – Introducere în etica profesională, Editura Trei, 2001.

Mioara Ketty-Guiu – Incidenţa legislatiei comunitare asupra legislaţiei penale române in domeniul afacerilor, Editura SITECH, Craiova 2008;

O’Driscoll, Nina, Pilbeam, Adrian – Meetings and discussions, Longman, 1991

Ordinul Ministrului Administraţiei şi Internelor nr. 400/2004 privind regimul disciplinar al personalului din Ministerul Administraţiei şi Internelor

Report broadcast on France 2, 1pm news, 26th June 2002, and TV, Journal Mondial des Journaux, 27th June 2002.

The Economic Impact of Counterfeiting, Organization for Economic Cooperation and Development, 1998

The Federal Bureau of Investigation and the U.S. Customs Service today announced the National Intellectual Property Rights Coordination Center’s first conference for members of Congress and industry in Washington. FBI National Press Office, Washington D.C., July 17, 2002 available at http://www.fbi.gov/pressrel/pressrel02/outreach071702.htm

Voicu Adriana Camelia – Criminalitatea economico-financiară, factor de ameninţare la adresa ordinii publice, Editura SITECH, Craiova, 2008;

http://josh.wrytestuff.com/swa89018.htm

http://www.legislation.qld.gov.au/LEGISLTN/current/P/PolicePowResA00.pdfhttp://en.wikipedia.org/wiki/Police_officerhttp://brgov.com/dept/brpd/pdf/Police_Duties.pdfhttp://www.kent.police.uk/about_us/training/specials_pre_joining/attachments/ind01_ethics_values.pdfhttp://polis.osce.org/library/details?doc_id=2687&_ru=/library/details%3Fdoc_id%3D2658 https://wcd.coe.int/com.instranet.InstraServlet?command=com.instranet.CmdBlobGet&InstranetImage=1277578&SecMode=1&DocId=212766&Usage=2http://www.dcaf.ch/Publications/International-Standard-The-European-Code-of-Police-Ethicshttp://drtomoconnor.com/3300/3300lect04.htmhttp://www.sagepub.com/upm-data/23180_Chapter_2.pdf http://www.referat-scoala.ro/ Referat_Discriminarea_la_locul_ de_munca-6934.htmlhttp://www.ctc.org.uk\ traffic policehttp://www.nidirect.gov.uk\ Investigation and prosecutionhttp://www.ignet.gov\QUALITY STANDARDS FOR INVESTIGATIONShttp://www.wikipedia.orghttp://www.merriam-webster.com/http://en.wikipedia.org/wiki/Domestic_violencehttp://www.surviving-domestic-violence.com/careful-what-you-wish-for.htmlhttp://www.asiaing.com/money-laundering-a-banker-s-guide-to-avoiding-problems.html;http://launderingmoney.blogspot.com;http://wikipedia, the free encyclopedia.http://en.wikipedia.org/wiki/Organized_crimehttp://en.wikipedia.org/wiki/Terroris m www.google.comwww.Justice/eu.comwww.ziare.com