The threat posed by these organizations has been dramatized by a variety of developments: the struggle of the Colombian cartels to change the government's extradition policy; the attack by the Sicilian Mafia on the Italian state and the killing of judges such as Giovanni Falcone; the emergence of Russian criminal organizations not only in the Commonwealth of Independent States but also in Western Europe and the United States; the vast upsurge in money laundering; and, perhaps most dramatically, the revelations about trafficking in nuclear material, have all helped to imprint the new threat on the consciousness of policymakers and publics alike. Congressional hearings in the United States during the latter half of 1993 and much of 1994 revealed that the problem has also evoked the attention of national intelligence agencies, with testimony being provided not only by representatives from the Drug Enforcement Administration and the Federal Bureau of Investigation but also by the Director of Central Intelligence.
This upsurge of attention is, in most respects, very welcome. The problem of transnational organized crime is a real one that demands both more careful investigation and greater resources than have so far been devoted to dealing with it. It is clear that the Chinese triads, Russian criminal organizations, Colombian cartels, Japanese Yakuza, Sicilian Mafia (as well as the other Italian groups such as the Neapolitan Camorra, 'Ndrangheta, and Sacra Corona Unita), Nigerian criminal organizations, and Turkish drug-trafficking groups engage in extensive criminal activities on a regional and often a global basis.
Developments at the national level have provided new opportunities to exploit and have enabled TCOs to attain a level of prominence that threatens national and international security in a variety of ways. These organizations violate national sovereignty, undermine democratic institutions even in states where these institutions are well established, threaten the process of democratization and privatization in states in transition, and add a new dimension to problems such as nuclear proliferation and terrorism.
As the policy community begins to get a handle on the issue, however, it is essential to conceptualize the threat posed by TCOs as accurately as possible. Without a valid assessment of the challenge posed by these organizations, the prospects for effective action against them are minimal. Unfortunately there are some indications that the assessment is moving in directions that are not completely warranted, and that could lead to inappropriate and ineffective policies.
Part of the problem is a form of threat inflation. Dramatizing the challenge can be understood largely as an effort to galvanize public attention, mobilize support, and generate the resources necessary to deal with a problem that traditionally has had a relatively low profile -- at least at the international level. Treating transnational crime as some kind of monolithic global conspiracy is particularly appealing because it suggests - - implicitly at least -- that a threat to international security may be emerging that is a worthy successor to the challenge posed by the Soviet Union during the Cold War. This has special resonance for intelligence agencies used to dealing with a centrally controlled enemy and finding it difficult to adjust to a world where there is no overwhelming threat to provide either intellectual rationale or budgetary legitimacy.
The irony is that an assessment of this kind is not only misleading and, therefore, pernicious in its consequences, but may, paradoxically, underestimate the threat. It is misleading because it lumps together different kinds of threat and fails to distinguish clearly between those TCOs, for example, that exploit the openness of the global financial system through money laundering and those that want to disrupt the system through terrorist actions. Most TCOs are concerned about profit rather than politics, and are unlikely to want to undermine a system that they are able to exploit and abuse for their own purposes. A few other groups, especially those linked to "pariah states," may have more disruptive goals. Treating these very different organizations as part of a single global challenge is not only misleading conceptually, but could encourage a policy response that is as ineffective as it is undifferentiated.
The notion that there is a relatively small number of global conglomerates linked in a vast criminal conspiracy also underestimates the threat. An assessment of organized crime that focuses exclusively on large organizations such as those mentioned above implies that the problem is relatively straightforward, and that if enough resources are devoted to dismantling a few organizations then transnational organized crime will be virtually eliminated. The reality is not only more messy but also more unsettlingland less susceptible to simple solutions. Large, fixed, monolithic, strictly hierarchical structures are relatively easy targets. They are vulnerable to decapitation and other forms of dismantling. Looser, less formal network structures, in contrast, are resistant to such efforts and actually more difficult to contain. The problem was neatly encapsulated by a British customs officer who commented that a smuggling organization is like a
plate of spaghetti. Every piece seems to touch every other, but you are never sure where it all leads. Once in a while we arrest someone we are sure is important. Well he may have been up to that moment, but once we get him, he suddenly becomes no more than a tiny cog. Someone else important pops up in his place. [n1]
Moreover, the fluid network organizations of various sizes engage in a mixture of cooperation and competition not only with each other but with governments and other nongovernmental actors. The diversity of these organizations, their symbiotic relationships with legitimate businesses, their capacity to exploit (rather than disrupt) legitimate trading activities and financial institutions, and their ability to corrupt governments and law enforcement agencies, make efforts at decapitation somewhat moot to say the least. And even if government actions do lead to the indictment or elimination of the top leadership, this simply provides new opportunities for internal promotion unless the organization itself is destroyed. And even in those cases where the organizational structure itself is compromised or dismantled, this merely allows other organizations to make up the shortfall in the supply of illicit goods and services. The way in which the Cali cartel succeeded its Medellin counterpart as the dominant force in cocaine trafficking is indicative of the kind of succession that can take place in transnational organized crime. Indeed, the succession issue highlights the need to consider very carefully the consequences of one's strategy, especially in the event that it might prove effective.
Even without a clear succession, however, the cocaine- trafficking industry would have continued to operate, albeit in a less centralized form. This suggests that transnational organized crime is constantly evolving in ways that make it particularly difficult to counter. Low entry barriers combined with ease of international travel and communication have helped to create an entrepreneurial free-for-all with potentially high payoffs that outweigh the risks associated with law enforcement and regulatory efforts. As a result, small businesses and individual entrepreneurs flourish alongside their larger and more extensive counterparts. Although the Cali cartel may have devised the perfect blend of corporate and criminal cultures, even smaller criminal organizations display considerable business acumen as well as a high level of operational sophistication and organizational adaptability. Moreover, the sheer number and diversity of criminal organizations is part of the challenge facing governments and law enforcement agencies. The beginning of wisdom in dealing with TCOs, therefore, is to recognize that fashionable and relatively straightforward labels not only hide enormous complexity but can seriously mislead policymakers.
Such complexity is not fully captured by labels such as global organized crime or "Pax Mafiosa." Even if these labels carry the wrong connotations, however, they do help to draw attention to the growing linkages among TCOs that make them an even more formidable challenge than they are in isolation. The main purpose of this article is to identify the nature of these linkages and to assess their implications for law enforcement efforts to respond to the challenges posed by TCOs. As it stands, the connections among criminal organizations are not well understood. This is partly because of the paucity of evidence but also because little effort has been made to conceptualize the nature of the linkages. Indeed, the linkages have developed with such rapidity and are so novel, especially for criminologists who have a primarily domestic focus, that they have outrun efforts both to delineate the phenomenon and to explain it.
In attempting to provide a solid conceptual foundation to enhance our understanding of the nature of these linkages among TCOs, it is possible to draw on the literature about how transnational corporations cooperate and compete, and in particular how they form and maintain strategic alliances. Because organized crime is essentially enterprise crime, the motivating principles underlying the activities of TCOs are usually very similar to those of transnational corporations. The differences between legitimate and illegitimate enterprises are not insignificant, but the fact that criminal enterprises operate in illicit markets conditions their behavior in ways that accentuate rather than obviate the driving forces of economic principle and good business practice, especially the need to respond to market conditions and demands. Although it is important not to ignore the distinctive features of TCO behavior that stem from illegality, these features are generally aimed at circumventing law enforcement and regulatory efforts in ways that enable the organization to increase its profits. The activities of TCOs in this respect differ in degree rather than kind from other transnational organizations that also seek a high degree of autonomy from state control. [n2] The overall effect of illegality may be to provide additional motivations for the development of strategic alliances.
In spite, therefore, of the differences between the licit and the illicit business worlds, an analysis of strategic alliances among licit corporations should facilitate greater understanding of the conditions and considerations that lead to strategic alliances among TCOs, make it easier to elucidate the nature of these alliances, and provide insights into the problems that can arise in their operation and management. Transnational Corporations and Strategic Alliances Business linkages can take many forms, but they often revolve around what has been described as the global commodity chain. The chain from raw material to final product tends to encourage the development of a series of supplier relationships as well as the emergence of links with companies providing ancillary specialized services. Such linkages form an integral part of the normal operation of the market. They also underline the fact that forms of vertical cooperation are central to the effective operation of even very competitive markets.
This is not to say that all the firm's interactions are regularized. In thinking about cooperation it is important to recognize that there is a continuum from complete mergers between companies at the one extreme to independent spot market transactions on a one-off basis at the other. [n4] Strategic alliances among companies tend to be at the more regularized end of the spectrum and generally involve systematic forms of cooperation that have a high degree of regularity and predictability. These alliances can take many forms, including operating linkages, licensing or franchise agreements, and joint ventures. [n5]
Some analysts have suggested that the essence of a strategic alliance is cooperation to exchange technology and goods and services across national and company boundaries, an exchange that can be accomplished through informal agreements, contractual collaborations, joint ventures, and minority equity alliances. [n6] Another commentator has contended that the requirements for cooperative strategies to encompass strategic alliances are more stringent. [n7] In this view, strategic alliances involve tight operating linkages, with the participants having a vested interest in each other's future, long-term time horizons, and significant competitive advantages. [n8] Tactical arrangements are not strategic alliances because they lack the expectation of long-term cooperation.
With this understanding of strategic alliances, it is necessary to examine the reasons why companies form alliances. In general terms, the development of strategic alliances can be understood as a response by individual firms to the business environment and as an attempt to overcome their own limitations.
Within this overall framework, however, it is possible to delineate several more specific reasons why firms engage in such alliances.
In the first place, strategic alliances are a rational response to the emergence of global markets, and in particular to what might be described as the global-local nexus. A global market can be understood, in one sense at least, as simply a composite of local markets that have become increasingly homogenized. Yet these local markets are extremely important to companies. As one commentary has pointed out, the strategic management literature emphasizes that firms seek to maximizc long-term profits through improving their competitive position vis -vis rivals. One of the most important ways of accomplishing this is by aggressively gaining access to new markets; expanding market share in existing markets is another. [n9] Firms often find it easier to enter local markets that have hitherto been outside their purview or range of activity if they cooperate with those firms that are already entrenched in these markets, have greater knowledge of local conditions, and are more attuned to local problems, rather than trying to insert themselves as competitors on unfamiliar territory. Linking with host-nation companies to facilitate access to new markets is a major reason why transnational firms form strategic alliances.
Closely related to this is a second consideration, involving the desire to neutralize and even co-opt actual or potential competitors. Paradoxically, cooperative strategies offer a rational and effective response to a highly competitive situation. Cooperation through the development of a strategic alliance, for example, could facilitate the neutralization of major competitors. As one analyst has noted, "A strong competitor that already enjoys a profitable position in its own market can become a fierce ally. Better to fight the competitive battle alongside an ally than to face this same competitor in open combat." [n10] Obviously the firms already in the market have to be offered something substantial in return. This might be a share in a market that is made more lucrative through the introduction of more diverse products, the promise of greater profit through the creation of an entirely new market, or some other form of reciprocity. Whatever the case, it is the promise of mutual benefit that underlies the formation and maintenance of strategic alliances.
Strategic alliances can also provide an effective means of circumventing restrictions and can pave the way for entry into strictly controlled markets. [n11] Where government regulations make it difficult for foreign corporations to enter a market, the formation of an alliance with a firm that already has access to the market is an attractive means of overcoming obstacles.
Another closely related consideration is that a strategic alliance can be an indispensable means of spreading or minimizing risk. Attempts by transnational corporations to expand their activities or to enter new markets often require new investments of resources with uncertain payoffs. A strategic alliance offers an opportunity to minimize these investments and to spread or reduce risks. In effect, it enables companies "to tackle opportunities that might otherwise be too risky." [n12] The synergy means that the participants in a strategic alliance are able to do things that neither one could do alone, at least not with anything like the same effectiveness or confidence.
Synergy is central to strategic alliances. Such alliances effectively enhance the resource base available to the participants, whether it be in terms of capital, technology, the capacity to develop new markets, or simply greater access to a more extensive set of interorganizational networks. The opportunities for organizational learning through the exchange of information and expertise among the partners may also be important. Accordingly, a strategic alliance may enable the individual firm to close what has been termed a "strategic gap" -- the difference between what that corporation would like to achieve and what it has the resources to achieve. [n13] This is particularly the case when the strategic alliance involves specialization and complementary expertise, and each side therefore brings to the alliance something that the other lacks.
Another reason for forming strategic alliances is that they can be a useful means of reducing the unpredictability of the free market and of regularizing relationships. Strategic alliances offer a means of ensuring specialization and division of labor, often in relation to suppliers. By allying with a firm that supplies raw materials, it is possible for a corporation to obtain both better financial terms and to guarantee that supplies of necessary materials will always be available. This form of strategic alliance is perhaps best encapsulated in the Japanese keiretsu, a set of arrangements in which suppliers are bound very closely to those firms that depend on their product for their own manufacturing processes.
Although it is possible to identify several distinct reasons why firms engage in strategic alliances, in practice more than one consideration is usually involved. Strategic alliances promise multiple benefits: they "enable partners to share financial and operating risks and costs, obtain benefits associated with scale economies and operating synergies, and increase market share." [n14]
Not surprisingly, these alliances can take many different forms. One type is the franchise alliance, which generally involves an alliance between a larger, more developed company and numerous independent, smaller, more tightly managed companies. [n15] A second form is what might be termed the compensatory alliance, in which two companies recognize that each one acting alone has inherent weaknesses that can be offset by the other's strengths. A variation on this is what could be described as a specialization alliance, in which one company forms an alliance with another that can fulfil specialized tasks beyond the existing capacity of the first organization. This results in a kind of contractual relationship as regards specific tasks and responsibilities. Another form of strategic cooperation occurs through what are sometimes described as countertrade alliances, in which goods are exchanged for goods. Yet another variant is the supplier alliance, in which there are regularized relations between the suppliers of basic raw materials and firms that transform these materials into consumer products.
This is not a comprehensive description of the infinite variety of strategic alliances, but it does highlight some of the most important forms of these alliances. It does nothing, however, to explain why some strategic alliances succeed and others fail. The starting point for considering this issue is a recognition that the basis for strategic alliance is mutual need. Each firm has something that the other needs or wants. Yet, even if the selection of allies is appropriate and there is a basic mutuality of interest underlying the initial impulse for cooperation, this is no guarantee either of continued harmony or that the alliance will be successful. Strategic alliances between transnational corporations encounter many problems. The strategy, chemistry, and operations must all be right. [n16] At the outset it may appear that this is the case, but unforeseen problems can all too easily arise. The participants in strategic alliances usually come from different cultures, operate according to different precepts and principles, and, in spite of their common interest, may have different needs and priorities. Clash of cultures, discrepant and incompatible operating procedures, and divergence of interests and priorities are all inherent possibilities in strategic alliances among transnational corporations from different home nations.
Another consideration is that the alliance may result in unequal or asymmetrical gains. This can lead to resentment on the part of the firm that believes its benefits are not commensurate with what it has put into the alliance. Even if this does not occur, the possibility that the partner may defect -- for example, after assistance with the initial market penetration one of the firms might conclude that it is now capable of going it alone -- can create an aura of suspicion that can undermine continued cooperation. As one analyst has argued, when one of the participants engaged in cooperation can obtain considerable shortterm advantage by defecting, then the possibility for the breakdown of the alliance is ever present. [n17]
Another cause of alliance breakdown may be unauthorized actions by subordinates or particular divisions within the corporation. The effective functioning of an alliance generally requires that the top-level management have strong internal control. [n18] Actions taken by subordinates that are not congruent with top-level directives can prove particularly disruptive, especially in instances where companies remain competitors in spite of their strategic alliance. If one transnational corporation, for whatever reason, continues to engage in independent marketing activity, for example, even though it has an agreement with another on joint marketing or selling, this could provoke a reappraisal of the alliance. Yet another possibility is that the alliance simply does not live up to expectations. In counter-trade alliances, for example, late delivery of goods or the supply of inferior products can erode the level of trust and may lead one of the partners to seek an alternative ally.
In short, strategic alliances may be easier to create than to maintain. Expectations that were very high will often be disappointed as performance falls short of promise. Disappointed expectations can result in lack of trust and the erosion of effective communication. The result is that although strategic alliances are very popular initially they often lose some of their luster. In the words of one observer, "Although the number of international cooperations appears to be increasing dramatically, they are notoriously unstable, prone to failure, and at best, difficult to govern." [n19]
As suggested above, there is an added incentive for cooperation that stems from the illicit nature of the activity. Whereas transnational corporations have to negotiate with governments in order to obtain access to new markets, TCOs have to negotiate with the illicit power structure. This again may encourage a propensity to create strategic alliances.
From this perspective it is clear that at least some of the
alliances among TCOs can be understood as risk-reduction
alliances. There are several kinds of risk that criminal
organizations are anxious to reduce: the risk of interdiction or
seizure of the illicit product they are supplying; the risk of
apprehension of members of the organization; the risk of
infiltration of the group; and the risk that their profits will
be seized. A very good example of a risk-
reduction alliance, at least from the perspective of one of the
partners, is that between the Colombian cartels and Mexican
drugtrafficking families.
In many ways, this is a very natural alliance that can also be
understood as a contractual relationship in which the Mexicans
perform a highly specialized task for the Colombians. Mexican
criminal groups, often with a family basis, have long had a well-
developed smuggling infrastructure for the transport of goods and
services across the extensive frontier with the United States.
The Sinaloa drug-trafficking organization led by Joaquin Guzman
Loera (who was arrested in 1993) is one of the best connected of
these groups but there are several others that have extensive and
systematic linkages with Colombian drug-trafficking
organizations. The Mexican groups understand the frontera and
what is required to ensure the viability of smuggling activities.
For the Colombian cartels, therefore, allowing the Mexican
families to do something in which they are extremely experienced
and skillful makes eminent sense. The strategic alliance with
Mexican smuggling organizations is an important means of risk
sharing or even risk avoidance for the cartels in one of the most
high-risk aspects of the business --crossing the border into the
United States. And for the Mexicans, the alliance is important
in allowing them significant participation in the cocaine
industry -- an industry that has higher profit margins than the
marijuana industry that has traditionally been the preserve of
Mexican smugglers. Although the risks are certainly not
negligible in cocaine smuggling, they are outweighed by the very
substantial economic benefits that come from both the contractual
arrangements and the fact that Mexican organizations control much
of the cocaine distribution in California.
Elsewhere, the cocaine, once in the United States, is returned to
Colombian traffickers who dominate the wholesale trade.
Another intriguing alliance has developed between Mexican smugglers and Chinese criminal
organizations involved in trafficking illegal immigrants into the
United States. Once again, the Mexicans are able to provide a
major servicebecause they possess the ability to smuggle migrants
across the border into the southwestern United States with
minimum risk of detection. The result has been what the Los
Angeles Times described as "a clandestine corridor linking the
villages of Fujian, the shores of Mexico and Central America, and
suburban safe houses in heavily Chinese enclaves of the San
Gabriel Valley." [n20] The scale of the enterprise became clear
during the first six months of 1993 when the Border Patrol
arrested over 500 Chinese, over 400 of them in San Diego, and
acknowledged that for every captured illegal alien two others
escape detection. The implication is that when trafficking
routes and methods of proven effectiveness are
available not only is the product (drugs or people) virtually
irrelevant so far as the criminal organizations are concerned,
but these organizations are willing to engage in any kind of
alliance that facilitates their illegal enterprise.
Another kind of alliance is that between some of the Nigerian drug-trafficking organizations and the
Colombian cartels. The Nigerian criminal organizations are
classic free-market entrepreneurs. Engaged in both cocaine and
heroin trafficking, they have progressed from being couriers for
others to being major players in their own right. They have
developed an alliance of sorts with the Colombians based on
product exchange. In several instances Nigerian trafficking
organizations have supplied heroin to Colombians in return for
cocaine. This has helped the Colombians to develop their own
heroin market, while also offering opportunities for the
Nigerians to sell cocaine in Western Europe. How extensive this
form of counter-trade actually is remains uncertain.
Nevertheless, there is some evidence that it is not
insignificant.
Another important motive for the development of strategic
alliances has been the desire to enter new markets. This has
been perhaps most evident in the relationship between the Colombians and the Sicilians. During the late
1980s and the early 1990s it became clear that linkages were
growing between the Colombian cartels, especially the Cali
cartel, and the Sicilian Mafia. These linkages can be explained
in large part by the desire on the part of the Colombians to
enter the European market. Such an entry was necessary because
of the saturation of the cocaine market in the United States, and
highly desirable because cocaine could be sold for higher prices
in Europe and therefore offered higher profit margins. In some
respects Europe was also an area in which the product was less
likely to be seized: European law enforcement was not as engaged
in counter-narcotics activity as the authorities in the United
States, which had even mobilized the U.S. military in the war
against drugs. At the same time, Europe was not risk free,
especially for Colombians, who generally had a higher profile and
greater visibility than was desirable. Although the Colombians
had developed their own marketing and trafficking strategies for
Western Europe -- with access mainly through Spain and Portugal -
-the costs had been relatively high in terms of the number of
arrests. In 1991, 2,048 cocaine traffickers were arrested in
Western Europe, 27 percent of whom were Colombians.
Against a backdrop of this kind, alliance with the Sicilians
had a dual payoff. The Cosa Nostra not only had well-established
distribution networks for heroin that could also be used for
cocaine, but also had excellent knowledge of local conditions
and was able to go further than the Colombians in neutralizing
law enforcement authorities through bribery and corruption. If
marketing considerations drove the alliance, therefore, it can
also be understood as an attempt by the Colombians to overcome
limitations in their indigenous capacity to penetrate the
European market. Alliance with the Sicilians, in effect,
compensated for the lack in Europe of a counterpart to the
Colombian ethnic network that had been central to the success of
Colombian drug-trafficking activities in the United States.
From the Sicilian perspective, there was also considerable
benefit to be gained from alliance with the cartels. The
Sicilian role in the heroin market in the United States had been
superseded to a large extent by the Asian suppliers themselves.
What at one point had been predominantly an alliance in which the
Chinese supplied the opium and the processing was done in Sicily,
was transformed as the Chinese began to integrate forward and do
much of the processing and trafficking for themselves. The
results were evident in the way in which Southeast Asian heroin
came to dominate the U.S. heroin market in the latter half of the
1980s. And even in Europe, Turkish criminal organizations,
trafficking heroin from Southwest Asia, made great inroads into
the heroin market. For the Sicilians, therefore, alliance with
the Colombians offered opportunities to recoup some of the ground
that had been lost in other areas.
Although the needs of the two organizations were very
different, they were sufficiently compatible to lead to a
strategic alliance. The effects of this alliance can be seen in
the way in which the cocaine market has developed in Europe.
U.S. law enforcement officials had been warning their European
counterparts for some time about the impending cocaine blitz on
Western Europe, but it was not until 1993 and 1994 that the
blitz materialized... Although seizures alone are not necessarily
an accurate indicator of supply levels (because they can also be
explained by greater law enforcement effectiveness in
interdicting supplies), they do tend to reveal broad trends. In
this connection, the number of seizures went up so dramatically
between 1993 and 1994 as to suggest that there had been a
qualitative leap in trafficking cocaine to Western Europe. In
the first three months of 1993 around 2,300 kilograms of cocaine
were seized (counting seizures over 100 kilograms each). In the
first three months of 1994 that figure had risen to almost 12,000
kilograms.
Another kind of relationship has arisen reflecting the need
for specialized services on the one side and the capacity to
provide them on the other. Once again, it appears that the
Sicilian Mafia and the Colombian cartels have developed
arrangements in which the Sicilians engage in money laundering on
behalf of their Colombian allies. There have also been
agreements between the Sicilians and some of the Russian
organized crime groups to engage in money laundering. The Cali
cartel has also been laundering money through an illegal numbers
racket in Rio de Janeiro that may be closely linked to the
activities of the American Mafia.
The notion of neutralizing potential competition through
alliances, or at least through tacit agreement on limiting
competition, has also been discernible. A good example of this
occurred in the Czech Republic. [n21] In October 1992 members of
the Italian and Russian mafias met in Prague and decided on the
areas of their respective operations. Italian gangs use the
Czech Republic as a place for recreation and support, while the
Russians use it for money laundering as well as arms dealing,
drug trafficking, blackmail, and prostitution. Even if this
agreement does not qualify as a strategic alliance, it does
highlight one means of limiting conflict among TCOs.
Other important relationships, especially those in the drug-
trafficking industry, can be understood as franchise alliances.
There are many well-established relationships of this kind, with
African-American groups, Dominicans, Puerto Ricans, and others
involved as retailers for Colombian wholesalers of cocaine and
Chinese and Nigerian wholesalers of heroin.
It is clear even from this brief survey that strategic
alliances among TCOs have become increasingly common. Some
observers have seen this as the development of a Pax Mafiosa and
argued that it involves an attempt to carve up the globe into
criminal fiefdoms. [n22] The analysis here, however, suggests
that these linkages can be understood in less grandiose and more
prosaic terms. They are essentially alliances of convenience
based on strictly economic considerations rather than part of a
global criminal conspiracy. This is not to denigrate their
importance, because it is clear that they greatly enhance the
capacity of TCOs to circumvent government controls.
Moreover, it has to be recognized that alliances are only one
of the many instruments used by TCOs to further their activities.
There are several alternatives to fully fledged alliances.
Criminal organizations sometimes reduce their vulnerability by
co-opting non-criminals. The Nigerian organizations have been
particularly good at this and have succeeded in recruiting
couriers (especially American women) who did not fit a profile
that would immediately arouse suspicion on the part of customs or
law enforcement officials.
It is also clear that fully fledged alliances between large
criminal organizations such as the cartels and Sicilian Mafia
provide only part of the picture. Many smaller, more tactical
alliances flourish alongside strategic alliances between large
organizations. A good example of this was uncovered in January
1994, when Mexican authorities seized 52 kilograms of heroin and
arrested four Thais, a Laotian, and four Mexicans in Ensenada, a
port city 70 miles south of San Diego. The scheme was an
ingenious one in which heroin was sent into the United States by
mail. It was operated by criminals who had infiltrated the
postal services in both Mexico and Thailand. Initially bath
products were sent to Thailand to false addresses. They were
then stuffed with heroin and sent back as undeliverable.
Because they had not originated in Thailand they were not
inspected by Mexican customs. [n23]
In many respects such activities seem to be typical of a
significant part of the drug-trafficking industry, that is, they
are carried on by small, independent organizations that have come
together to exploit a particular trafficking route and a specific
way of circumventing customs and law enforcement. Not only are
there many of these small tactical alliances based on
transnational networks, but when they are effective they have an
inherent capacity for growth. At the same time, their loose,
fluid nature makes it equally plausible that they will be
disbanded and their constituent elements reformed in different
constellations. Tactical alliances are made for specific
purposes and are often followed by a search for other partners to
make shipments to different locations using different modes of
concealment.
In attempting to place strategic alliances in perspective, it
is also necessary to keep in mind that TCOs also make alliances
with governments, either through corruption or coercion or, more
often, a mix of both. Corruption can reach such a level in some
cases that the government can be regarded as collusive (that is,
hand in glove with the criminal organizations).
High-ranking members of the government may benefit directly from
the actions of TCOs, receiving large payoffs in return for
facilitating trafficking activities and providing protection and
safe havens.
Links are also increasing between TCOs and terrorist
organizations. Indeed, the distinction between terrorist groups
pursuing essentially political objectives and TCOs pursuing
economic goals is likely to be become increasingly blurred. The
loss of state sponsorship for terrorist organizations means that
they are likely to seek alternative sources of financial support
for their activities. Drug trafficking and other forms of
enterprise crime are obvious means of doing this. On the other
side, criminal organizations may find that the opportunities
for largescale extortion through the possession of smuggled
nuclear material encourages them to use the threat of terror for
business purposes. This process of convergence is likely to make
cooperative linkages more frequent.
Another point that needs to be made about strategic alliances,
particularly if the parallels with corporate alliances are
accepted, is that although these alliances can be very effective
means of enhancing the capacity for criminal activity, both their
initial development and their continued maintenance may encounter
significant problems. The desire to circumvent the common enemy
of law enforcement provides an underlying incentive for sustained
cooperation. Even so, alliances may encounter significant
problems. These can stem from different criminal cultures and
codes of honor among thieves, from different priorities, and from
concerns over relative gains and who is benefiting most from the
collaborative ventures. In addition, the lack of total control
over operatives and the inability to prevent independent actions
may cast doubt on the validity of the cooperative agreement.
Continued independent marketing operations outside the alliance
may also be seen by one of the partners as inconsistent with any
accord that has been reached.
Some of the problems that can arise are
revealed by even a brief examination of the evolution of the
relationship between the Medellin and Cali cartels. During the
early 1980s there was a close working relationship between drug-
trafficking organizations in Medellin and those in Cali. The
cartels themselves were formed partly because of a recognition of
the benefits of cooperation but there was also an element of
serendipity. The kidnapping of Martha Ochoa, daughter of a
leading drug lord, led to a meeting of traffickers in which they
agreed to form a paramilitary arm to take action against the
kidnappers. This marked the beginning of a period of intense
collaboration, joint ventures in transportation, and the common
underwriting of large cocaine loads into the United States. It
was also a period of rapid market expansion in which profits
burgeoned. During this period the relationship between the Cali
and Medellin cartels was exceptionally good. The two cartels
shared risks, sometimes used the same airstrips and processing
facilities, and appeared to have agreed on market shares in the
United States. By the end of the 1980s, however, this
relationship had deteriorated almost
completely, and although elements of cooperation still lingered,
the two cartels were, in effect, at war with one another.
The breakdown of cooperation was rooted partly in the regional
rivalries that have made Colombia particularly difficult to
govern. Regional tensions were accentuated by what was virtually
a difference of social class: members of the Cali cartel were, in
some cases, businessmen who had moved into narcotics but who
still acted as legitimate businessmen; the Medellin leadership
consisted of petty hoodlums from the slums who had become major
traffickers. Not surprisingly the latter group was more publicly
flamboyant and used violence more extensively than did its
counterpart in Cali. The different attitude to violence was also
rooted in divergent investment strategies. [n24] The Cali cartel
invested in legitimate business, while Medellin invested in land
and then developed paramilitary groups to protect its holdings.
It was a natural extension of this for the Medellin cartel to
adopt a confrontational strategy toward the government, whereas
the Cali cartel adopted a strategy of co-option, corruption, and
assimilation. The unwillingness of the Cali cartel to join
Medellin in a frontal assault on the Colombian state was also a
source of tension between the two organizations and may have
contributed significantly to the split.
These structural and strategic differences between the two
cartels were exacerbated by personal rivalries. Moreover, once
the conflict began, it appeared to take on its own momentum.
Pressure from the government led to allegations by Pablo Escobar
that the Cali cartel had provided the information that led to the
killing of one of his partners in the Medellin cartel, Rodriguez
Gacha. The familiar problems of trust and concern over relative
gains also took on a new dimension with concern over relative
losses by the two cartels in the struggle with the government.
The tensions were exacerbated by the fact that the cocaine-
trafficking industry was also coming under intense pressure in
the United States. With market saturation in Miami and the
Bahamas and a significant drop in prices as a result, the
Medellin cartel tried to enter the New York market, which had
hitherto been the almost exclusive preserve of Cali. This
represented a major escalation of the conflict and led to press
reports in the latter half of 1988 that the struggle between the
cartels was over the control of a New York wholesale cocaine
trade worth about $ 1 billion a year. Although the reports
themselves may have been too narrowly focused, the market share
issue was certainly of great significance.
The implication of this brief survey of the conflict between
Medellin and Cali is that even where cooperation between TCOs
appears to be well established (and does not even involve
problems of different nationalities), it retains a certain
fragility. If this is extrapolated, it suggests that some of the
other strategic alliances identified above might be less robust
and resilient than expected. There may even be a life cycle of
cooperation in which the initial benefits from cooperation appear
to outweigh any negative consequences, but which is followed
either by a phase of consolidation or a period in which the
difficulties and costs of cooperation come to the fore. The
implications of all this for government and law enforcement
agencies must now be considered.
Implications for Policy
The development of strategic alliances among TCOs is clearly a
cause for considerable concern on the part of governments.
Strategic alliances augment the capacity of these organizations
to circumvent law enforcement and implement strategies central to
the success of their illicit enterprises.
Although this problem has to be put in perspective and seen in
terms of many alliances among small-scale organizations as well
as a small number of alliances among major TCOs, it does present
a new challenge to law enforcement. It also offers some
opportunities.
The first challenge is for national governments, partly
through more systematic and careful integration of law
enforcement intelligence and information from intelligence
agencies, to develop better predictive intelligence about the
formation (and the demise) of strategic alliances among TCOs.
The second challenge is for governments and law enforcement
agencies to develop cooperative strategies to match those of the
TCOs. Such cooperation would include more extensive exchanges of
information and personnel, a greater emphasis on judicial
assistance to those states that lack an effective criminal
justice system, and more widespread use of both Mutual Legal
Assistance Treaties and extradition treaties. The formation of
multi-national task forces to go after TCOs and their activities,
including money laundering, should be given high priority. Such
task forces, especially those involving U.S. and Italian law
enforcement agencies, have had striking successes.
Many problems inhibit more extensive cooperation of this
kind, however, most of which come down to the familiar issue of
preserving national sovereignty. Governments have to realize,
though, that unless they are willing to sacrifice some of the
formalities of sovereignty they will be unable to take effective
action against criminal organizations whose cross-border
activities erode the foundations of real sovereignty.
The third challenge is to recognize that the development of
strategic alliances not only presents dangers but also offers
opportunities for law enforcement. Given the problem of
establishing and maintaining trust in an area that depends on
mutual confidence regarding the ally's reliability rather than
formal agreements and legal contracts, the potential for creating
suspicion and sowing discord is very considerable.
Consequently, strategic alliances could become a source of
weakness for TCOs. Law enforcement activities can help to create
discord where there is none and exploit problems that arise
naturally between organizations engaged in cooperation.
Strategic alliances offer many opportunities for the development
of a counter-competitive strategy by intelligence and law
enforcement agencies. It might be possible, for example, to
interdict supplies of drugs but somehow make it look as if one of
the organizations involved is betraying its partner for short-
term gain. Alliances also offer opportunities for undercover
work and infiltration of both organizations. The overall aim of
a countercompetitive strategy is to turn the organizations
against one another so that cooperation is replaced by intense
competition and, in some cases, even open confrontation or
hostility.
The only caveat in proposing such an approach is that
governments should recognize the need to understand the operation
of the market and to consider the possible impact of successful
actions on the market structure as well as the individual
organizations that are being targeted. Setbacks for one
organization can all too easily provide opportunities for others
that may ultimately pose even more serious challenges. In this
connection, it might have been better if the United States and
the Colombian authorities, instead of giving highest priority to
the recapture of Pablo Escobar after his escape from prison, had
actually allowed him to wage an effective campaign against his
rivals in Cali. In the event, by focusing primarily on weakening
the Medellin cartel, they simply allowed Cali to emerge as the
premier drugtrafficking organization in Colombia. Balance of
power policies in which governments effectively throw their
weight behind the weaker rather than the stronger of two rival
criminal organizations -- thereby perpetuating competition rather
than allowing the creation of a near monopoly -- need to be
considered much more seriously than hitherto.
Even were such a strategy to be adopted, it would need to be
used with consummate care and skill. The evolution of law
enforcement efforts against the drug-trafficking industry is
replete with instances of policies that had inadvertent and
unforeseen consequences that made the problem more rather than
less formidable. It is particularly important, therefore, in
dealing with TCOs to be sensitive to the way in which law
enforcement activities can shift the distribution of power from
one organization to another. It is also important to fully
understand the nature of the linkages that develop among TCOs.
The analysis here does not pretend to offer a comprehensive
understanding of this kind. The intention is simply to generate
a dialogue about the nature of the alliances among transnational
criminal organizations. It is essential to go beyond
generalizations about a Pax Mafiosa and provide a conceptual
framework for understanding both the strengths and the weaknesses
of the transnational linkages of criminal organizations. If this
article contributes to the opening of such a dialogue, it will
have served its purpose.
The author would like to express his appreciation to Rensellaer
Lee, who has done an excellent analysis of Colombian-Italian
criminal collaboration, to Maria Velez for her comments on the
Colombian cartels, and to Carl Florez, Judy Inboden, and several
of their colleagues at the National Drug Intelligence Center for
helpful discussions of many of the issues raised in this article.
n2. Samuel P. Huntington discusses this aspect of transnational
organizations more fully in "Transnational Organizations in World
Politics," World Politics 25 (April 1973), pp. 333-368.
n3. Gary Gereffi and Miguel Korzeniewicz, eds., Commodity Chains
and Global Capitalism (London: Praeger, 1994).
n4. The range of cooperation is discussed more fully in G. B.
Richardson, "The Organization of Industry," in Peter Buckley,
ed., Cooperative Forms of Transnational Corporation Activity
(London: Routledge, 1994), pp. 23-37.
n5. Ibid.
n6. See G. E. Osland and A. Yaprak, "A Process Model on the
Formation of Multinational Strategic Alliances," in Refik Culpan,
ed., Multinational Strategic Alliances (New York, N.Y.:
International Business Press, 1993), p. 82.
n7. Robert P. Lynch, Business Alliance Guide: The Hidden
Competitive Weapon (New York, N.Y.: Wiley, 1993), pp. 24-25.
n8. Ibid.
n9. See Osland and Yaprak, "A Process Model."
n10. Lynch, Business Alliance Guide, p. 5.
n11. R. Culpan and E. A. Kostelak Jr., "CrossNational Corporate
Partnerships: Trends in Alliance Formation," in Culpan,
Multinational Strategic Alliances, p. 117.
n12. Lynch, Business Alliance Guide, p. 21.
n13. T. T. Tyebjee quoted in Osland and Yaprak, "A Process
Model," p. 86.
n14. Culpan and Kostelak, "Cross-National Corporate
Partnerships," p. 116.
n15. Lynch, Business Alliance Guide, p. 12.
n16. Ibid., p. 22.
n17. See the excellent discussion on this and many other
problems associated with cooperation in Debora Spar, The
Cooperative Edge: The Internal Politics of International Cartels
(Ithaca, N.Y.: Cornell University Press, 1994).
n18. This is argued very effectively in ibid.
n19. See R. Osborn and C. Baughn, "Forms of Interorganizational
Governance for Multi-national Alliances," in Culpan,
Multinational Strategic Alliances, p. 59.
n20. Sebastian Rotella and Lee Romney, "Smugglers Use Mexico as
Gateway for Chinese," Los Angeles Times, June 21, 1993, p.
A-3.
n21. See "Russian, Italian Mafias Divide Republic," Mlada Fronta
Dnes (Prague), October 12, 1993.
n22. This is argued most strongly in Claire Sterling, Thieves'
World (New York, N.Y.: Simon & Schuster, 1994).
n23. Sebastian Rotella, "Mexican Police Make Record Heroin
Seizure," Los Angeles Times, January 19, 1994, p. A-3.
n24. I am grateful for this point to Bruce Bagley.
Notes
n1. Timothy Green, The Smugglers (New York, N.Y.: Walker, 1969),
p. 9.
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