XIX. The Criminality of Transition

Lecture given at the Netherlands Economic

Institute (NEI) on 18/4/2001

Human vice is the most certain thing after death and taxes,

to paraphrase Benjamin Franklin. The only variety of

economic activity, which will surely survive even a

nuclear holocaust, is bound to be crime. Prostitution,

gambling, drugs and, in general, expressly illegal

activities generate c. 400 billion USD annually to their

perpetrators, thus making crime the third biggest industry

on Earth (after the medical and pharmaceutical

industries).

Many of the so called Economies in Transition and of

HPICs (Highly Indebted Poor Countries) do resemble

post-nuclear-holocaust ashes. GDPs in most of these

economies either tumbled nominally or in real terms by

more than 60% in the space of less than a decade. The

average monthly salary is the equivalent of the average

daily salary of the German industrial worker. The GDP

per capita - with very few notable exceptions - is around

20% of the EU's average and the average wages are 14%

the EU's average (2000). These are the telltale overt signs

of a comprehensive collapse of the infrastructure and of

the export and internal markets. Mountains of internal

debt, sky high interest rates, cronyism, other forms of

corruption, environmental, urban and rural dilapidation -

characterize these economies.

Into this vacuum - the interregnum between centrally

planned and free market economies - crept crime. In most

of these countries criminals run at least half the economy,

are part of the governing elites (influencing them behind

the scenes through money contributions, outright bribes,

or blackmail) and - through the mechanism of money

laundering - infiltrate slowly the legitimate economy.

What gives crime the edge, the competitive advantage

versus the older, ostensibly more well established elites?

The free market does. When communism collapsed, only

criminals, politicians, managers, and employees of the

security services were positioned to benefit from the

upheaval. Criminals, for instance, are much better

equipped to deal with the onslaught of this new

conceptual beast, the mechanism of the market, than most

other economic players in these tattered economies are.

Criminals, by the very nature of their vocation, were

always private entrepreneurs. They were never state

owned or subjected to any kind of central planning. Thus,

they became the only group in society that was not

corrupted by these un-natural inventions. They invested

their own capital in small to medium size enterprises and

ran them later as any American manager would have

done. To a large extent the criminals, single handedly,

created a private sector in these derelict economies.

Having established a private sector business, devoid of

any involvement of the state, the criminal-entrepreneurs

proceeded to study the market. Through primitive forms

of market research (neighbourhood activists) they were

able to identify the needs of their prospective customers,

to monitor them in real time and to respond with agility to

changes in the patterns of supply and demand. Criminals

are market-animals and they are geared to respond to its

gyrations and vicissitudes. Though they were not likely to

engage in conventional marketing and advertising, they

always stayed attuned to the market's vibrations and

signals. They changed their product mix and their pricing

to fit fluctuations in demand and supply.

Criminals have proven to be good organizers and

managers. They have very effective ways of enforcing

discipline in the workplace, of setting revenue targets, of

maintaining a flexible hierarchy combined with rigid

obeisance - with very high upward mobility and a clear

career path. A complex system of incentives and

disincentives drives the workforce to dedication and

industriousness. The criminal rings are well run

conglomerates and the more classic industries would have

done well to study their modes of organization and

management. Everything - from sales through territorially

exclusive licences (franchises) to effective "stock" options

- has been invented in the international crime

organizations long before it acquired the respectability of

the corporate boardroom.

The criminal world has replicated those parts of the state

which were rendered ineffective by unrealistic ideology or

by pure corruption. The court system makes a fine

example. The criminals instituted their own code of

justice ("law") and their own court system. A unique -

and often irreversible - enforcement arm sees to it that

respect towards these indispensable institutions is

maintained. Effective - often interactive - legislation, an

efficient court system, backed by ominous and ruthless

agents of enforcement - ensure the friction-free

functioning of the giant wheels of crime. Crime has

replicated numerous other state institutions. Small wonder

that when the state disintegrated - crime was able to

replace it with little difficulty. The same pattern is

discernible in certain parts of the world where terrorist

organizations duplicate the state and overtake it, in time.

Schools, clinics, legal assistance, family support, taxation,

the court system, transportation and telecommunication

services, banking and industry - all have a criminal

doppelganger.

To summarize:

At the outset of transition, the underworld constituted an

embryonic private sector, replete with international

networks of contacts, cross-border experience, capital

agglomeration and wealth formation, sources of venture

(risk) capital, an entrepreneurial spirit, and a diversified

portfolio of investments, revenue generating assets, and

sources of wealth. Criminals were used to private sector

practices: price signals, competition, joint venturing, and

third party dispute settlement.

To secure this remarkable achievement - the underworld

had to procure and then maintain - infrastructure and

technologies. Indeed, criminals are great at innovating and

even more formidable at making use of cutting edge

technologies. There is not a single technological advance,

invention or discovery that criminals were not the first to

utilize or the first to contemplate and to grasp its full

potential. There are enormous industries of services

rendered to the criminal in his pursuits. Accountants and

lawyers, forgers and cross border guides, weapons experts

and bankers, mechanics and hit-men - all stand at the

disposal of the average criminal. The choice is great and

prices are always negotiable. These auxiliary

professionals are no different to their legitimate

counterparts, despite the difference in subject matter. A

body of expertise, know-how and acumen has

accumulated over centuries of crime and is handed down

the generations in the criminal universities known as jail-

houses and penitentiaries. Roads less travelled, countries

more lenient, passports to be bought, sold, or forged, how

to manuals, classified ads, goods and services on offer and

demand - all feature in this mass media cum educational

(mostly verbal) bulletins. This is the real infrastructure of

crime. As with more mundane occupations, human capital

is what counts.

Criminal activities are hugely profitable (though wealth

accumulation and capital distribution are grossly non-

egalitarian). Money is stashed away in banking havens

and in more regular banks and financial institutions all

over the globe. Electronic Document Interchange and

electronic commerce transformed what used to be an

inconveniently slow and painfully transparent process -

into a speed-of-light here-I-am, here-I-am-gone type of

operation. Money is easily movable and virtually

untraceable. Special experts take care of that: tax havens,

off shore banks, money transactions couriers with the

right education and a free spirit. This money, in due time

and having cooled off - is reinvested in legitimate

activities. Crime is a major engine of economic growth in

some countries (where drugs are grown or traded, or in

countries such as Italy, in Russia and elsewhere in CEE).

In many a place, criminals are the only ones who have any

liquidity at all. The other, more visible, sectors of the

economy are wallowing in the financial drought of a

demonetized economy. People and governments tend to

lose both their scruples and their sense of fine distinctions

under these unhappy circumstances. They welcome any

kind of money to ensure their very survival. This is where

crime comes in. In Central and Eastern Europe the process

was code-named: "privatization".

Moreover, most of the poor economies are also closed

economies. They are the economies of nations

xenophobic, closed to the outside world, with currency

regulations, limitations on foreign ownership, constrained

(instead of free) trade. The vast majority of the populace

of these economic wretches has never been further than

the neighbouring city - let alone outside the borders of

their countries. Freedom of movement is still restricted.

The only ones to have travelled freely - mostly without

the required travel documents - were the criminals. Crime

is international. It involves massive, intricate and

sophisticated operations of export and import, knowledge

of languages, extensive and frequent trips, an intimate

acquaintance with world prices, the international financial

system, demand and supply in various markets, frequent

business negotiations with foreigners and so on. This list

would fit any modern businessman as well. Criminals are

international businessmen. Their connections abroad

coupled with their connections with the various elites

inside their country and coupled with their financial

prowess - made them the first and only true businessmen

of the economies in transition. There simply was no one

else qualified to fulfil this role - and the criminals stepped

in willingly.

They planned and timed their moves as they always do:

with shrewdness, an uncanny knowledge of human

psychology and relentless cruelty. There was no one to

oppose them - and so they won the day. It will take one or

more generations to get rid of them and to replace them by

a more civilized breed of entrepreneurs. But it will not

happen overnight.

In the 19th century, the then expanding USA went through

the same process. Robber barons seized economic

opportunities in the Wild East and in the Wild West and

really everywhere else. Morgan, Rockefeller, Pullman,

Vanderbilt - the most ennobled families of latter day

America originated with these rascals. But there is one

important difference between the USA at that time and

Central and Eastern Europe today. A civic culture with

civic values and an aspiration to, ultimately, create a civic

society permeated the popular as well as the high-brow

culture of America. Criminality was regarded as a

shameful stepping stone on the way to an orderly society

of learned, civilized, law-abiding citizens. This cannot be

said about Russia, for instance. The criminal there is, if

anything, admired and emulated. The language of

business in countries in transition is suffused with the

criminal parlance of violence. The next generation is

encouraged to behave similarly because no clear (not to

mention well embedded) alternative is propounded. There

is no - and never was - a civic tradition in these countries,

a Bill of Rights, a veritable Constitution, a modicum of

self rule, a true abolition of classes and nomenclatures.

The future is grim because the past was grim. Used to

being governed by capricious, paranoiac, criminal tyrants

- these nations know no better. The current criminal class

seems to them to be a natural continuation and extension

of generations-long trends. That some criminals are

members of the new political, financial and industrial

elites (and vice versa) - surprises them not.

In most countries in transition, the elites (the political-

managerial complex) make use of the state and its

simulacrum institutions in close symbiosis with the

criminal underworld. The state is often an oppressive

mechanism deployed in order to control the populace and

manipulate it. Politicians allocate assets, resources, rights,

and licences to themselves, and to their families and

cronies. Patronage extends to collaborating criminals.

Additionally, the sovereign state is regarded as a means to

extract foreign aid and credits from donors, multilaterals,

and NGOs.

The criminal underworld exploits the politicians.

Politicians give criminals access to state owned assets and

resources. These are an integral part of the money

laundering cycle. "Dirty" money is legitimized through

the purchase of businesses and real estate from the state.

Politicians induce state institutions to turn a blind eye to

the criminal activities of their collaborators and ensure

lenient law enforcement. They also help criminals

eliminate internal and external competition in their

territories.

In return, criminals serve as the "long and anonymous

arm" of politicians. They obtain illicit goods for them and

provide them with illegal services. Corruption often flows

through criminal channels or via the mediation and

conduit of delinquents. Within the shared sphere of the

informal economy, assets are often shifted among these

economic players. Both have an interest to maintain a

certain lack of transparency, a bureaucracy (=dependence

on state institutions and state employees) and NAIRU

(Non Abating Internal Recruitment Unemployment).

Nationalism and racism, the fostering of paranoia and

grievances are excellent tactics of mobilization of foot

soldiers. And the needs to dispense with a continuous

stream of patronage and provide venues for the

legitimization of illegally earned funds delay essential

reforms and the disposal of state assets.

This urge to become legitimate - largely the result of

social pressure - leads to a deterministic, four stroke cycle

of co-habitation between politicians and criminals. In the

first phase, politicians grope for a new ideological cover

for their opportunism. This is followed by a growing

partnership between the elites and the crime world. A

divergence then occurs. Politicians team up with

legitimacy-seeking, established crime lords. Both groups

benefit from a larger economic pie. They fight against

other, less successful, criminals, who wish to persist in

their old ways. This is low intensity warfare and it

inevitably ends in the triumph of the former over the

latter.

Financial Crime and Corruption · 第 29 / 74 题