International Journal on Criminology Volume 2, Number 1, Spring 2014

Crime and Business character is illustrated by the existence of different types of counterfeiting: namely, the “fake-fake,” fabricated with the incorrect raw materials, the “fake-true,” made with authentic raw materials and imitating or reproducing a product partly or totally, without the authorization of the holder of the intellectual property rights; and finally the “true-fake,” a product identical to the original, sometimes manufactured in the same factories, and sold directly through a dishonest subcontractor, without the originator’s being aware of it. All of which allows us to appreciate more clearly the complexity of the struggle against counterfeiting. This criminal market is still poorly known and probably underestimated. Although it is difficult to evaluate a market that is by definition invisible, numerous reports published in recent years estimate the turnover of counterfeiting at around five hundred billion euros per year (that is, between 7 and 10% of global commerce). 6 Besides this, we see channels of counterfeiting becoming truly professionalized, a development accentuated by the possibilities offered by the Internet. This phenomenon has today become an industry in its own right. At the other end of the chain, counterfeit commerce costs two hundred thousand jobs every year in Europe, thirty thousand of which are in France. 7 Consequently, the struggle against counterfeiting activity is a crucial challenge for the protection of businesses. However, beyond the gigantic losses suffered by the economic actors and by the populations of the territories where they are based, counterfeiting above all poses grave problems in terms of security and public health. Numerous counterfeit products prove to be dangerous or even deadly. This is particularly the case with contraband cigarettes manufactured in the Chinese provinces (which contain scraps of fabric or plastic that are hazardous to health) and counterfeit medicines (false viagra), as well as food products (adulterated alcoholic drinks) or spare parts for aeronautics. A Laundry List of Threats Of course, the threats described above do not represent an exhaustive list. There are numerous other dangers we have not yet mentioned. An EDHEC study on malevolent acts committed against businesses (based on a survey carried out in eighty-two large European, American, and Japanese companies) revealed the following “hit parade” among the attacks listed: �� and piracy �� So there is no lack of subjects. Beginnng with racketeering (particularly widespread in the waste-processing industry), we should note in particular that its most elaborate form today is piracy in public procurement contracts. This involves control over the awarding of a contract (and thus necessitates a strong collusion with local political authorities). As for the theft of merchandise, it is concentrated in cargo theft (electrical appliances, perfume, wines and spirits, textiles, 6 Alain Bauer and Christophe Soullez, Une Histoire criminelle de la France (Paris: Odile Jacob, 2012). 7 Mickaël Roudaut, “Crime organisé: un acteur global,” in Sécurité Globale 5 (Fall 2008). 83

International Journal on Criminology Volume 2, Number 1, Spring 2014 | Page 85