International Journal on Criminology Volume 7, Number 1, Winter 2019/2020 | Page 93

International Journal on Criminology
natural financial tool, they were used to optimize Mafias’ wealth. Mafias also started
to exploit legislative weaknesses to launder criminal assets. Following the assassination
of Sicilian politicians and Cosa Nostra opponent Pio La Torre in April
1982, Palermo prefect passed a law authorizing the pre-emptive freezing and confiscation
of alleged Mafia’s assets (Gayraud 2011). In response, the Italian Mafias
operated a massive transfer of their assets toward Germany, a legislative paradise.
In fact, in Germany, unlike in Italy, the burden of proof for mafia-related
crimes lies with prosecutors. In other words, whereas in Italy, the suspect has to
prove that their income is legal if a mafiosi is caught in Germany, it is up to the
prosecution to prove that his income comes from a crime (Knight 2011). According
to Petra Reski, the lack of will of the German authorities to adjust this legislative
framework can be explained by the fact that they are mainly interested in “getting
the mafia to invest its money in Germany, notably in the development of its
Eastern part” (Knight 2011). In fact, in November 1989, Giovanni Tagliamento, a
wire-tapped Sicilian man of honor, gives the following order to one his man based
in Germany: “Buy, buy everything that you can, restaurants, firms, grounds, all!
All! All!” (Cerf 2013). Today, in Munich, Cologne, or Erfurt, Italian Mafias have
made highly profitable real-estate acquisitions, built many restaurants and hotels,
and bought shares in large companies (Associated Press 2007).
4.2.2. ... and Source of Inspiration
Mafias are porous biological creatures living in symbiosis with their environment
from which they constantly learn. Interestingly, Mafias have incorporated the four
following managerial techniques and core elements of multinationals’ economic
strategies in their internal and external functioning.
First, Mafias developed strong Research and Development departments.
Mafias innovation capacity is key to their survival and expansion. It constantly
developed new sources of illicit revenues thanks to its global connection and deep
understanding of our consumerist societies. The first obvious example is Mafias’
involvement in the counterfeiting industry, the third most profitable illicit activity
on earth (UNODC 2010). The second example is the criminal innovative use of
digital tools not only to better secure their communication and operations but
also as a new source of revenue. In fact, Russian, Chinese, Japanese, and famously,
Nigerian criminals started cyber-crime, but also large-scale online welfare, insurance,
or student loans frauds already in the 1980s (UNODC 2013). Nowadays,
Nigerian experts estimate that Nigerian cyber-crime, notably the “419 scam” generated
$9.3 billion of revenue annually across the globe (Adeniyi 2015).
Second, inspired by multinational companies’ cartels, Mafias have developed
oligopolistic strategies. Mafias are indeed economically rational actors. They
prefer creating a criminal oligopoly rather than losing unnecessary resources in
intra-Mafia wars. It is thanks to alliances with Albanian clans that the Ndrangheta
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