Community of Practice Materials

Table of Contents

Managing the Prosecutorial Function
Money Laundering
Organized and Transnational Crime
Trafficking in Persons


1. UN Convention Against Corruption

a. In December 2003 the UN held a Convention against Corruption to establish guidelines for eliminating corruption worldwide. The Convention focused primarily on preventative policies and effective criminalization of corrupt activities as a way of preventing corruption in the future and on asset recovery to help offset past offenses.

i. A copy of the Convention in English can be found at: United Nations Convention on Drugs and Crime website.

ii. The Convention is also available in French, Spanish, Russian, Arabic and Chinese:

iii. Information about the December 2003 signing of the UN Convention Against Corruption from the Department of State can be found at the United Nations Office on Drugs and Crime website.

1. The list of signatories can be found at:

2. A summary of the Convention can be found at:

3. More on the Convention:

b. Report of the Ad Hoc Committee for the Negotiation of a [UN] Convention against Corruption on the work of its first to seventh sessions [October 2003]: Read the full report

c. UN Convention Against Corruption Homepage (December 2003):

2. UNODC Anti-corruption homepage:

a. The United Nations Office on Drugs and Crime (UNODC) has begun a Global Programme against Corruption (GPAC) which includes identifying effective tools for combating corruption and how they should best be implemented.

b. UNODC Anti-corruption Toolkit (Version 5): Read the full publication

3. Corruption Fighters' Toolkit (Transparency International): Transparency International, an NGO dedicated solely to fighting corruption, has assembled a toolkit highlighting areas in which public corruption is likely to occur and effective solutions. Of special interest are case studies of methods various countries have successfully employed:

4. Hong Kong's Independent Commission Against Corruption (ICAC): There is evidence that when a law enforcement agency has a good reputation in the community, it is easier to recruit high caliber personnel. Hong Kong is one of the safest cities in the world with a crime rate at roughly the same level as Singapore -- and lower than New York, London and Tokyo.

5. Singapore's Methods: For a recent article on the methods used by Singapore, one of the world痴 safest cities, to combat corruption, see: The Anti-Corruption Toolkit

6. Corruption and Organized Crime: To learn more about the link between corruption and organized crime you may find the following conference presentations of interest:

a. The Link Between Organised Crime and Corruption: A Hong Kong Perspective:

7. Mexican Case Study: Mexican federal law enforcement authorities, like the law enforcement authorities in many countries in which OPDAT operates, are fighting widespread police corruption that regularly compromises high-level criminal investigations. The Mexican authorities are now using microchips to ensure that only approved personnel have access to secure areas and files within prosecutors' offices in Mexico City. The July 22nd edition of "Justnetnews", an electronic newsletter funded by the U.S. Department of Justice, carried this story: "Mexican Crime-Fighters Get Microchips to Foil Kidnaps" London Independent (07/17/04):

8. "The United Nations Handbook on Practical Anti-Corruption Measures for Prosecutors and Investigators": The handbook - which is over 160 pages long - has chapters on detecting corruption, electronic surveillance, undercover operations, financial investigations, informants, prosecution strategies, recovery of assets, and other topics of interest. And there are added bonuses: the handbook has helpful references to the UN Convention against Corruption, which was signed by many countries in December 2003; and there is a lengthy case study (starting on page 98).


1. The FBI published a training material entitled "Countering Terrorism" [2002]: Co-sponsored by the American Psychological Association, the University of Pennsylvania's Solomon Asche Center for the Study of Ethnopolitical Conflict, and the Decade of Behavior Initiative, this is an in-depth look at possible terrorist scenarios and how to handle them from a psychological perspective as well as from a traditional law enforcement perspective.

2. The DOJ/NIJ "Guide for Explosion and Bombing Scene Investigation"

a. This is a step-by-step guide to safely and effectively collecting and securing evidence from the site of an explosion:

3. Proposed European Union Commission Directive on Money Laundering

a. Europe's crackdown on money-laundering and the financing of terrorism may receive a boost if the European Union Commission submits a new proposal to broaden its offensive. The proposed changes cover an array of important topics. To see the underlying documents, go to:

i. The National Archives or go to:

ii. PDF file of Informal consultation document on the Third EC Money Laundering Directive

iii. Related Link: PDF file of The European Commission's preliminary draft articles for the Third Money Laundering Directive

b. In an effort to combat terrorism, the European Commission in partnership with the four European credit sector federations recently created a database of persons, groups and entities subject to European Union financial sanctions. The database, named electronic-Consolidated Targeted Financial Sanctions List (e-CTFSL), consolidates all the information published in the EU Official Journal, including detailed information about the persons, groups and entities subject to EU financial sanctions. The database includes names, aliases, passport numbers, nationalities, functions and known address. For more information see:


Managing the Prosecutorial Function

1. An article (84 pages) on prosecutor-investigator relations, with some references to non-U.S. models can be found at:

2. An article on crime-mapping entitled "Harnessing Information in a Prosecutor's Office" can be found at:

3. Seizing Electronic Evidence - a training guide: Increasingly, important evidence can be found in electronic devices - computers, mobile phones, and the like. The U.S. Secret Service has developed an excellent, practical guide entitled "Best Practices for Seizing Electronic Evidence," which can be readily downloaded from the Internet:

Australian Reforms

a. Australia has recently created the Australian Crime Commission (ACC). Their web site is:

b. Also, according to this press release, Australia now has civil forfeiture legislation:

i. The Proceeds of Crime Act 2002, which came into effect on 1 January 2003, gives courts the ability to freeze and confiscate assets where the Director of Public Prosecutions can prove on 'the balance of probabilities' that a person has engaged in serious criminal activity in the previous six years, or that the property is the proceeds of a particular offence. It is not necessary to obtain a conviction. "The full potential of the new legislation can now be realized because of extra resources for the Director of Public Prosecutions and the Insolvency and Trustee Service Australia (ITSA), " Senator Ellison said.

Read the full press release

ii. Since it sometimes useful to provide legal models from both U.S. and non-U.S sources, the Australian Crime Commission may be a good model for countries seeking to enhance their ability to fight crime.

5. Eyewitness Evidence: In an accusatory system, investigators and prosecutors will need to hone their skills in the development and presentation of eyewitness evidence. Here is a DOJ/NIJ internet site that includes a video, a lesson plan and other components of a curriculum on eyewitness evidence:


b. Here is the NIJ Training Manual that this site summarizes:

c. "Crime Scene Investigation: A Reference Guide for Law Enforcement Training": DOJ's National Institute of Justice published a revised report entitled:" Crime Scene Investigation: A Reference Guide for Law Enforcement Training." This document can be used as a guide to create a crime scene protocol for any country in the world. It can be found on the Internet at:

6. DNA Evidence

a. A manual on using DNA to solve cold cases can be found at:

b. "What Every Law Enforcement Officer Should Know About DNA Evidence" can be found at:

c. "Death Investigation: A Guide for the Scene Investigator" can be found at:

7. Surveillance Operations

a. Recently, the FBI published an article entitled: "Conducting Surveillance Operations - How to Get the Most Out of Them."

b. When working with law enforcement agencies that lack extensive high-tech equipment, one might want to think about teaching how prosecutors and investigators can work together, creatively, to plan surveillance that leads to the collection of evidence of "unexplained wealth" and other probative evidence in cases involving corruption, narcotics trafficking, trafficking-in-persons, and organized crime in its various forms.

8. Witness Security

a. A description of the U.S. witness security program can be found in the May 2004 issue of the FBI Law Enforcement Bulletin, posted on the Internet at:
Also, the U.S. Attorneys' Manual has an extensive discussion of the U.S. witness security program, which is posted on the U. S. Attorneys FOIA Readin Room

9. Jurisdiction

a. Anyone who has worked in law enforcement for awhile has heard of situations where law enforcement agencies - instead of working together - spend time arguing over turf. On the other hand, one of the great rewards of working in law enforcement is seeing a complex case come together because prosecutors and law enforcement officers from different agencies are working together, each bringing their resources to the table. Arguably, one of the most valuable roles OPDAT can play is to help prosecutors and investigators from different agencies learn how to work collaboratively with one another - indeed, the global effort to combat terrorism and other forms of trans-national crime is, in large measure, dependent on such collaboration.

b. Recently, a U.S. Department of Justice funded case study was published: "Managing a Multijurisdictional Case: Identifying the Lessons Learned From the Sniper Investigation" (210 pp.) (NCJ 207206). The publication details the "lessons learned" and recommendations for how law enforcement agencies can prepare for high-profile crimes involving multiple jurisdictions. This report is based on the experiences of more than 100 individuals closest to the D.C. sniper case along with information from focus groups and other sources. You can access the full text at:

Money Laundering

1. Publications/Reference:

a. United Nations Model Terrorist Financing Bill, 2003 (for common law systems)

b. An Overview of the UN Conventions and the International Standards Concerning Anti-Money Laundering Legislation.

2. International Standards:

a. United Nations Convention against Corruption (multiple languages)

b. FATF's "Forty Recommendations" to combat money laundering and terrorist financing: (English)

c. UN Conventions Against Terrorism (multiple languages)

d. The International Money Laundering Information Network (IMoLIN) web site is worth exploring, particularly the following links:



e. The announcement by IMoLIN about the re-launch of their web site, which can be found at:

4. European Union Commission Proposal

a. Europe's crackdown on money-laundering and the financing of terrorism may receive a boost if the European Union Commission submits a new proposal to broaden its offensive. The proposed changes cover an array of important topics. To see the underlying documents, go to:

i. The National Archives or go to:

ii. PDF file of Informal consultation document on the Third EC Money Laundering Directive.

b. Related Link: PDF file of The European Commission's preliminary draft articles for the Third Money Laundering Directive

4. Criminal Forfeiture

a. Criminal forfeiture (or conviction-based forfeiture) does not work effectively in some countries - arguably because, in some instances, law enforcement lacks the tools (plea bargaining, etc.) to convict the "drug kingpins" and others at the top of criminal organizations - the very criminals who have accumulated criminally-derived assets worth forfeiting. As a result, in some countries major criminals enjoy both their freedom and the proceeds of their crimes.

b. Though not a magic bullet, one alternative is "non-conviction-based forfeiture" - the term that DOJ's Asset Forfeiture and Money Laundering Section (AFMLS) prefers to use overseas (instead of the term we often use domestically, "civil forfeiture").

Organized and Transnational Crime

1. U.K. Methods: The U.K. issued a report that looks closely at legal reform (plea bargaining, sentencing, conspiracy law, etc.) and other reforms designed to help the U.K. "stay one step ahead" of organized criminals. That report is on the Internet at:

2. Corruption and Organized Crime: Those of you interested in learning more about the link between corruption and organized crime may find the following conference presentations of interest:

a. "The Link Between Organized Crime and Corruption: A Hong Kong Perspective":

3. The Sicilian Mafia: From the UNODC website: Even among Sicilians and Palermitani, the Mafia was perceived as an invincible force and thought to be part of the culture until the middle of the 1980's. Criminal violence, political corruption, intimidation and fear dominated everyday life. Mafia killings in Palermo were commonplace. There was a period between 1979 and 1982, when the ferocious Corleone mafiosi killed all the top authorities in Sicily: the President of the regional parliament, the prefect, the chief prosecutor, the top investigative judge and the head of the opposition party. At the same time a movement began. Led by a small group of citizens from all walks of life, it was quiet at first. However, they believed that the situation could be reversed. By the second half of the 1980's, the mentality of Sicilians began to change. There were the maxi-trials of 1986-1987 that for the first time convicted the entire leadership of the Sicilian Cosa Nostra. At the beginning of the 1990's, Mani Pulite ("Clean Hands") magistrates in the North, and anti-mafia prosecutors in the South, succeeded in changing the Italian political system. They dealt substantial blows to the most powerful criminal networks. Pentiti -- or turncoats -- provided prosecutors with valuable information that turned the tables on the Mafia. [ Top ] bosses -- like Toto Riina -- were jailed. These efforts did not come without a price. It cost the lives of courageous magistrates -- like Judge Giovanni Falcone -- and the lives of many other public officials.

4. Northern Ireland: Northern Ireland, which has experienced the destructive forces of organized violence, has taken an interesting approach to developing an infrastructure that can effectively combat organized crime. In 2002, the Government of Northern Ireland appointed an American - law professor Ronald Goldstock - to make recommendations on tackling the problem of organized crime.

a. In January 2004, Professor Goldstock issued his report to the Government of Northern Ireland - and recently the Government of Northern Ireland published both the Goldstock report and the Government's response. Both are on the Internet at:

i. Government Response to Goldstock Report

ii. Of particular interest was Professor Goldstock's emphasis on the "multi-disciplinary" approach to tackling organized crime. For example, on page 12 of the document, Professor Goldstock, in urging a strategic approach to combating organized crime, describes how a multi-disciplinary team composed of individuals with investigative, analytic, forensic accounting, and legal skills would design and implement (with others) an investigative plan:

1. 4.2 The investigative plan would likely be formulated in a four-step process.

2. Investigative Predicate. The team initially would conduct a broad-based assessment of the factual context in which the proposed investigation was initiated. This process may require the review of information from a number of sources, including law enforcement (intelligence and evidentiary), public records, databases, etc. The analyst would be particularly helpful in gathering such information and putting into a useful form;

3. Statement of Goals. The goals of the investigation should be articulated and appropriate potential remedies identified. This may include prosecution, but also, asset recovery, civil remedies, etc;

4. Review of Investigative Alternatives. This is perhaps the most difficult part of the process, flowing, as it must, from the first two steps. Individualized procedures should be employed given differing circumstances and modified as new information is obtained.

5. Identification of Legal Issues. A proper assessment of investigative alternatives will normally require a concomitant evaluation of legal issues likely to arise during the investigation. Accordingly, the team must make an effort to anticipate and resolve any legal issues that might jeopardize a successful investigation, prosecution, or other remedial action."

b. The Government's response to Professor Goldstock refers to another report: the recently issued U.K. Home Office report entitled "One Step Ahead: A 21st Century Strategy to Defeat Organized Criminals," on the Internet at:

c. One of the interesting aspects of Professor Goldstock's report are his references to "forensic accounting" - and the importance of having personnel with such skills on the multi-disciplinary team. In recent testimony before Congress, a DEA official testified that DEA Administrator Tandy has "systematically transformed not only the organization and operation of the DEA regarding financial investigations, but also the fundamental mindset. Since every drug transaction has a profit motive, every investigation has a financial component. Therefore, the Office of Financial Operations (FO) was established at DEA headquarters and financial teams were placed in each field division."

5. Transnational Crime: A monograph entitled "Alternative Approaches to Combating Transnational Crime" published by the Ministry of the Solicitor General of Canada can be found at:

Trafficking in Persons

1. "The Three P's"

a. As you may know, the three "P's" of a national anti-trafficking strategy are prevention, protection, and prosecution.

b. Awareness campaigns can be an important part of a prevention program. "Vital Voices" is a non-profit devoted to raising awareness of trafficking, and has a great deal of information and reports on their website:

2. Model Law

a. As many of you know, the State Department has posted on the Internet a model law to address trafficking in persons - see:


ii. You may find of particular interest the "Explanatory Notes" at the back of this document (starting on or about page 4). Here is an excerpt: "This Model Law is offered to help criminal law policymakers at the state level address the phenomenon of modern-day slavery, often termed "trafficking in persons." In the course of researching this proposal, it became clear that many states already have laws on their books that directly address this crime problem. For instance, many trafficking-like crimes may be codified in seemingly-unrelated parts of a state code, such as the kidnapping or prostitution sections. Unfortunately, by being codified in disparate parts of the criminal code, it may unclear to prosecutors that the behaviors are trafficking in persons crimes and may be charged as such. Research into these existing state statutes revealed that they are often archaic, little-known, or underutilized, and do not necessarily reflect the current understanding of slavery and trafficking in persons."

b. DOJ's Civil Rights Division recently posted on the Internet the model anti-trafficking law for states, at:

3. UN Presentation: The UN has published a short PowerPoint presentation on trafficking in persons (TIP) which can be found at:

4. Identification of Victims: Critical to the success of national anti-trafficking plans are mechanisms to inform uninformed police, border patrol officers, immigration officers, customs officers and others on how they can identify possible victims of trafficking - and then how to respond. The State Department's Office to Monitor and Combat Trafficking in Persons recently published an excellent "tip sheet" which can be used as a model for other countries to inform law enforcement officers about the problem - a tip sheet that is handier than the longer manuals used to train police that specialize in anti-trafficking cases.


1. Justice Sector Project Initiatives (JSPI): These materials can be accessed by clicking on the JSP URL at:

2. Supreme Court Decisions:

a. Addressing the status of foreigners being held at the Guantánamo Bay Naval Base in Cuba:

b. The Hamdi opinion, concerning an American citizen who was captured in Afghanistan (allegedly fighting with the Taliban) and has been held indefinitely since 2001 without formal charges or access to counsel, is available at:

c. The Guantanamo opinion, on two cases involving similarly detained foreign nationals, is available at:

3. Collaboration: DOJ's National Institute of Justice issued a publication entitled: "What Does It Take to Make Collaboration Work," posted on the Internet at:

4. Community Prosecution: There are a number of monographs about the "Community Prosecution" model, including APRI's "Community Prosecution Planning and Implementation Workbook" (77 pages, revised 2003), on the Internet at:


b. Additional materials on "Community Prosecution" can be found on APRI's web site at:

5. Mobile Phone Volunteers: Some countries may want to replicate a program established by German police in which law-abiding citizens with mobile phones volunteer to act as a "force multiplier" for police. Here is a summary:

a. Dateline: Germany: GERMAN COPS are calling them the best new weapon to hunt down crooks: mobile phones. More than 75 percent of Germany's 85 million-plus inhabitants own a mobile phone. Many of them are taxi and bus drivers, delivery people and others who professionally spend a lot of time on the ground. More so, in fact, than the country's police force. That's why Germany's cash-strapped government has turned to its mobilized citizens for help in tracking down suspected criminals, fugitives and even missing persons. In what is believed to be the first service of its kind in the world, citizens over 16 years old can now register with the Federal Office of Criminal Investigation (known as BKA) to become a volunteer mobile-phone cop. For more information, see:

Updated June 3, 2015

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