Under the Act, the Alcohol and Tobacco Tax and Trade Bureau is
responsible for administration and enforcement of: Internal Revenue
Code of 1986, 26 USC (IRC)
Ensure that labeling and advertising of alcohol beverages provide
adequate information to the consumer concerning the identity and quality
of the product;
Regulate practices such as exclusive outlets, tied house arrangements, commercial bribery, and consignment sales.
Federal
tobacco taxes were first enacted in 1794, but came and went over the
years until 1864. That year, a box of 20 cigarettes was taxed at 0.8
cents. In 2009, the rate was $1.01 per pack.
States also tax cigarettes. In 2009, South Carolina taxed them at a low of 7 cents per pack, while Rhode Island taxed them at a high of $3.46 per pack.
Spirits,
wine and beer are each taxed at different rates by both the federal and
state governments. In 2008, the federal excise tax rates were $13.50
per proof gallon of spirits, $1.07 to $3.15 per gallon of wine depending
on the wine's alcohol content, and $18 per 31-gallon barrel of beer.
Each state sets its own tax rates for each type of alcohol. The lowest
tax rate for spirits in 2009 was $1.50 per gallon in Maryland; the highest rate was $26.45 per gallon in Washington. For wine, the lowest tax rate in 2009 was 11 cents per gallon in Louisiana; the highest was $2.50 per gallon in Alaska. Beer was taxed at a low of 1.9 cents per gallon in Wyoming and a high of $1.07 per gallon in Alaska.
The
government started taxing cigarettes and alcohol to pay back the debts
it incurred during the Revolutionary War. However, social purposes have
also long influenced the taxation of these items. The higher the tax,
the more likely Americans are to be discouraged from consuming tobacco
and alcohol. However, because tobacco and alcohol taxes are flat taxes,
they fall disproportionately on the poor. In other words, it is mostly
the poor who are discouraged from using tobacco and alcohol, because
other income groups can afford to pay the higher taxes.
Back
in 1773, taxes sparked Americans to destroy three shiploads of British
tea. And in 1791, Alexander Hamilton's proposed excise tax on alcohol
was enough to prompt the Whiskey Rebellion in Pennsylvania.
History is full of tax rebellions, but today, it seems like most
Americans are complacent when it comes to taxes. It's no wonder we have
so many of them.
Becoming A Landlord: More Trouble Than It's Worth?
Is
becoming a landlord worth the effort? Only you can decide. Just be sure
to look before you leap and go into your new endeavor with realistic
expectations and a solid game plan. By knowing what you are getting
yourself into before you do it, you'll be better prepared for what you
encounter and more likely to enjoy the experience. (For even more, check
out our Investopedia Special Feature: Real Estate: From Crash To Cash.)
The Man with a Hoe
Bowed by the weight of centuries he leans
Upon his hoe and gazes on the ground,
The emptiness of ages in his face,
And on his back, the burden of the world.
Who made him dead to rapture and despair,
A thing that grieves not and that never hopes,
Stolid and stunned, a brother to the ox?
Who loosened and let down this brutal jaw?
Whose was the hand that slanted back this brow?
Whose breath blew out the light within this brain?
Is this the Thing the Lord God made and gave
To have dominion over sea and land;
To trace the stars and search the heavens for power;
To feel the passion of Eternity?
Is this the dream He dreamed who shaped the suns
And marked their ways upon the ancient deep?
Down all the caverns of Hell to their last gulf
There is no shape more terrible than this--
More tongued with cries against the world's blind greed--
More filled with signs and portents for the soul--
More packed with danger to the universe.
What gulfs between him and the seraphim!
Slave of the wheel of labor, what to him
Are Plato and the swing of the Pleiades?
What the long reaches of the peaks of song,
The rift of dawn, the reddening of the rose?
Through this dread shape the suffering ages look;
Time's tragedy is in that aching stoop;
Through this dread shape humanity betrayed,
Plundered, profaned and disinherited,
Cries protest to the Powers that made the world,
A protest that is also prophecy.
O masters, lords and rulers in all lands,
Is this the handiwork you give to God,
This monstrous thing distorted and soul-quenched?
How will you ever straighten up this shape;
Touch it again with immortality;
Give back the upward looking and the light;
Rebuild in it the music and the dream;
Make right the immemorial infamies,
Perfidious wrongs, immedicable woes?
O masters, lords and rulers in all lands,
How will the future reckon with this Man?
How answer his brute question in that hour
When whirlwinds of rebellion shake all shores?
How will it be with kingdoms and with kings--
With those who shaped him to the thing he is--
When this dumb Terror shall rise to judge the world,
After the silence of the centuries?
- Charles Edward Anson Markham
Buenaventura River (legend)
From Wikipedia, the free encyclopedia
The non-existent Buenaventura River, alternatively San Buenaventura River, Río Buenaventura, etc. was once believed to run from the Rocky Mountains to the Pacific Ocean in what is now the western United States. The river was chronologically the last of several imagined incarnations of an imagined Great River of the West which would be for North America west of the Rockies what the Mississippi River was east of the Rockies. The hopes were to find a waterway from coast to coast, sparing the traveling around Cape Horn at the tip of South America.[1]
Synopsis
Lohengrin
Composer: Richard Wagner
ACT I. Antwerp, c.
900s. On the banks of the Scheldt, a Herald announces King Heinrich, who
asks Count Telramund to explain why the Duchy of Brabant is torn by
strife and disorder. Telramund accuses his ward, Elsa, of having
murdered her brother, Gottfried, heir to Brabant’s Christian dynasty.
(Gottfried was actually enchanted by the evil Ortrud, whom Telramund has
wed.) When Elsa is called to defend herself, she relates a dream of a
knight in shining armor who will save her. The herald calls for the
defender, but only when Elsa prays does the knight appear, magically
drawn in a boat by a swan. He betroths himself to her on condition that
she never ask his name or origin. Defeating Telramund in combat, the
newcomer establishes the innocence of his bride.
Act II.
Before dawn in the castle courtyard, Ortrud and the lamenting Telramund
swear vengeance. When Elsa appears serenely in a window, Ortrud attempts
to sow distrust in the girl’s mind, preying on her curiosity, but Elsa
innocently offers the scheming Ortrud friendship. Inside, while the
victorious knight is proclaimed guardian of Brabant, the banned
Telramund furtively enlists four noblemen to side with him against his
newfound rival. At the cathedral entrance, Ortrud and Telramund attempt
to stop the wedding — she by suggesting that the unknown knight is in
fact an impostor, he by accusing Elsa’s bridegroom of sorcery. Though
troubled by doubt, Elsa reiterates her faith in the knight before they
enter the church, accompanied by King Heinrich.
ACT III.
Alone in the bridal chamber, Elsa and her husband express their love
until anxiety and uncertainty at last compel the bride to ask the groom
who he is and whence he has come. Before he can reply, Telramund and his
henchmen burst in. With a cry, Elsa hands the knight his sword, with
which he kills Telramund. Ordering the nobles to bear the body to the
king, he sadly tells Elsa he will meet her later to answer her
questions.
Escorting Elsa and the bier to the Scheldt, the knight
tells the king he cannot now lead the army against the Hungarian
invaders. He explains that his home is the temple of the Holy Grail at
distant Monsalvat, to which he must return; Parsifal is his father, and
Lohengrin is his name. He bids farewell and turns to his magic swan. Now
Ortrud rushes in, jubilant over Elsa’s betrayal of the man who could
have broken the spell that transformed her brother into a swan. But
Lohengrin’s prayers bring forth Gottfried in place of his vanished swan,
and after naming the boy ruler of Brabant, Lohengrin disappears, led by
the dove of the Grail. Ortrud perishes, and Elsa, calling for her lost
husband, falls lifeless to the ground.
-- courtesy of Opera News
"In the law enforcement community nationally, alcoholism and divorce
occur with significantly greater frequency than in many other
professions." - N.J. State Police Supt. Rick Fuentes
(a) The Congress finds that - (1) alcohol is one of the most dangerous
drugs and the drug most frequently abused in the United States; (2)
approximately ten million, or 7 percent, of the adults in the United
States are alcoholics or problem drinkers; (3) it is estimated that
alcoholism and other alcohol related problems cost the United States
over $43,000,000,000 annually in lost production, medical and public
assistance expenditures, police and court costs, and motor vehicle and
other accidents; (4) alcohol abuse is found with increasing frequency
among persons who are multiple-drug abusers and among former heroin
users who are being treated in methadone maintenance programs; (5)
alcohol abuse is being discovered among growning numbers of youth; (6)
alcohol abuse and alcoholism have a substantial impact on the families
of alcohol abusers and alcoholics and contributes to domestic violence;
(7) alcohol abuse and alcoholism, together with abuse of other legal and
illegal drugs, present a need for prevention and intervention programs
designed to reach the general population and members of high risk
populations such as youth, women, the elderly, and families of alcohol
abusers and alcoholics; and (8) alcoholism is an illness requiring
treatment and rehabilitation through the assistance of a broad range of
community health and social services and with the cooperation of law
enforcement agencies, employers, employee associations, and associations
of concerned individuals. (b) It is the policy of the United States and
the purpose of this chapter to approach alcohol abuse and alcoholism
from a comprehensive community care standpoint, and to meet the problems
of alcohol abuse and alcoholism through - (1) comprehensive Federal,
State, and local planning for, and effective use of, Federal assistance
to States, and direct Federal assistance to community-based programs to
meet the urgent needs of special populations, in coordination with all
other governmental and nongovernmental sources of assistance; (2) the
development of methods for diverting problem drinkers from criminal
justice systems into prevention and treatment programs; (3) the
development and encouragement of prevention programs designed to combat
the spread of alcoholism, alcohol abuse, and abuse of other legal and
illegal drugs; (4) the development and encouragement of effective
occupational prevention and treatment programs within government and in
cooperation with the private sector; and (5) increased Federal
commitment to research into the behavioral and biomedical etiology of,
the treatment of, and the mental and physical health and social and
economic consequences of, alcohol abuse and alcoholism.
In 1973, there were 328,670 arrests logged in the FBI's Uniform Crime Reports (UCR) for drug law violations.
In 2007, that number rose to 1,841,182 drug law violation arrests,
representing a +460.2% increase during that thirty-four year span.
Of the 1,841,182 arrests for drug law violations in 2007, 82.5%
(1,518,975) were for possession of a controlled substance.
Only 17.5%
(322,207) were for the sale or manufacture of a drug.
"Hispanics constituted 44% of arrestees, followed by white (27%) and
black (26%) suspects. Hispanics made up more than half of arrests for
cocaine powder (56%), opiates (58%), and marijuana (54%). More than
three-quarters (77%) of crack cocaine arrestees were black, and half of
all methamphetamine suspects were white. In 2005, 27% of suspects
arrested by the DEA were non-U.S. citizens."
Title VI
Title VI amended Title 28 of the U.S. Code.
It requires the Attorney General to investigate specific allegations
of federal offenses by the President, Vice President, individuals at
specified salary levels in the Executive Office of the President and the
Department of Justice, any Assistant Attorney General, the Director and
Deputy Director of Central Intelligence, the Commissioner of the
Internal Revenue Service, all such specified individuals who held office
during the incumbency of the President or during the period the
previous President held office, if such preceding President was of the
same political party as the incumbent President, and any officer of the
principal national campaign committee seeking the election or reelection
of the President.
The Attorney General must decide if there is merit to the allegation
within 90 days. If so, he or she must have a special prosecutor
appointed who has all the power of the Department of Justice office
except those specific to the Attorney General. The special prosecutor is
chosen through a system wherein the Chief Justice of the United States appoints a panel of three judges from the Circuit Court of Appeals, one of which must be from the District of Columbia,
who serve three-year terms and choose the special prosecutor. The
special prosecutor has the authority to send any information to the United States Congress
that he or she deems relevant and can provide counsel in issues that
may call for impeachment of the person under investigation.
The special prosecutor can only be removed by impeachment and
conviction by congress, or by the Attorney General for “substantial
improprieties” or a physical or mental condition that affects
performance.
The Department of Justice is required to suspend all investigations within the realm of the special prosecutor.
The Attorney General has the authority to declare anyone disqualified
from participating in an investigation because of conflict of interest.
Criticism
The most adamant critics of the Ethics in Government Act were the
congressmen who passed it. It was said that if it had been an anonymous
vote, it would have been voted down two-to-one.[1] The Act was passed shortly after the Impeachment of Richard Nixon, the Saturday Night Massacre
and a variety of other scandals on the national level. It was the first
time in U.S. history when misconduct was a dominant narrative in the
mainstream press. After passing a pay-raise for itself, Congress felt it
needed to placate the public with the Ethics in Government Act.[1]
If
the trade is ever legalized, it will cease to be profitable from that
time. The more difficulties that attend it, the better for you and us."
.................................-- Directors
of Jardine-Matheson
(FIRST CORPORATE OWNERS OF IRON MOUNTAIN MINE, 1895)
Trading Company Founded in Canton, China, in 1832
William Jardine was born in 1784 in Dumfriesshire, Scotland. After
studying medicine, Jardine went to work for the British East India
Company as a ship's surgeon, but left the East India Company in 1832 to
establish a trading company in Canton, China, with James Matheson, the
son of a Scottish baronet, who had served for several years as Danish
consul in China.
Trading with the Chinese was made extremely difficult by a xenophobic
Manchu government, which believed that as the center of the universe,
China already possessed everything in abundance and had no need for the
products of "foreign barbarians." Among other things, Jardine Matheson
& Company was restricted to a small plot of land on the banks of the
Pearl River, near Canton, and was prevented from "keeping women" or
dealing with Chinese merchants who were not officially sanctioned cohongs.
On one occasion, Jardine was struck a blow to the head as he attempted
to petition local authorities. Entirely unaffected by the attack, he
earned the nickname "iron headed old rat" among the Chinese.
Unable to make money selling manufactured goods to the Chinese,
Jardine Matheson began smuggling opium into China aboard ships chartered
from Calcutta in British India. Opium clippers sailed under cover of
darkness to forbidden ports, while company agents bribed harbormasters
and watchmen to prevent being discovered by the authorities. The Chinese
government declared the opium trade to be illegal, but was virtually
powerless to stop it. Finally, Chinese authorities seized and destroyed
20,000 chests of opium worth $9 million.
Opium War Led to Founding of Hong Kong in 1842
Jardine persuaded the British Foreign Secretary Lord Palmerston to
send warships to China to enforce a judgment for reparations and to
preserve free trade. The hostilities that ensued became known as the
First Opium War. The Chinese lost and were forced to sign a treaty on
August 29, 1842, which awarded the British $6 million in reparations,
opened the ports of Canton, Amoy, Foochow, Ningpo, and Shanghai, and
ceded the island of Hong Kong to Britain.
Jardine Matheson purchased the first plot of land to be sold in Hong
Kong and promptly moved its offices there. The colony's first governor,
Sir Henry Pottinger, endorsed the opium trade (in defiance of Queen
Victoria) and later won the support of Parliament, which viewed the
opium trade as a method to reduce the British trade deficit with China.
When the company's opium boats sailed into Hong Kong they were greeted
by a cannon salute. Jardine Matheson profited greatly from its
privileged position in Hong Kong, and through the strength of its opium
trade, began to develop commercial interests throughout the region.
Jardine Matheson became known among the local Chinese as a hong (the word implies "big company" but has no relation to the name Hong Kong), and its chairman became known as a taipan, literally a "big boss."
During this period Thomas Keswick, also from Dumfriesshire, married
Jardine's niece and was subsequently taken into the Jardine family
business. Their son William Keswick established a Jardine Matheson
office in Yokohama, Japan in 1859 and later became a leading figure in
company management. The Keswick family grew in influence within the
company, largely displacing the Matheson interests.
Expanded Beyond Trading in Latter Half of 19th Century
Jardine Matheson established trading offices in major Chinese ports
and helped to set up enterprises as diverse as brewing and milling
cotton, in addition to trading tea and silk. The company introduced
steamboats to China and, in 1876, constructed the first railroad in
China, linking Shanghai with Jardine Matheson docks downriver at
Woosung.
Continued hostilities between China and Britain resulted in a Second
Opium War in 1860 and a war to protect colonial interests in 1898. As
victors in both these wars, the British gained trade concessions and
colonies throughout China and won virtually unrestricted commercial
rights to conduct business in China. The opium trade, which China had
been forced to recognize as legal, had become an extremely sensitive
subject. Thousands of addicts (known as "hippies" because they would lie
on their hips while smoking opium) had created a serious social
problem. Elements in Parliament called for an end to commercial
activities that perpetuated the pain and suffering of these addicts. The
issue was seized by nationalists who argued for an end to the
domination of colonial powers in China, and it eventually led to
uprisings such as the Boxer Rebellion and the Republican Revolution. For
its own protection and business interests, Jardine Matheson was forced
to curtail trading opium.
Principal Subsidiaries: Jardine Matheson Ltd. (Hong Kong);
Jardine Strategic Holdings Limited (Hong Kong); Jardine Pacific Ltd.
(Hong Kong); Jardine International Motors Management Ltd. (Hong Kong;
75%); Jardine Lloyd Thompson Group plc (U.K.; 34%); Jardine Fleming
Holdings Ltd. (Hong Kong; 50%); Matheson & Co., Ltd. (U.K.); Dairy
Farm Management Services Ltd. (Hong Kong; 52%); Hongkong Land Ltd. (Hong
Kong; 32%); Mandarin Oriental Hotel Group International Ltd. (Hong
Kong; 51%); Cycle & Carriage Ltd. (Singapore; 23%); Jardine Matheson
(Australia) Ltd.; Jardine Matheson International Services Ltd.
(Bermuda); Jardine Matheson Ltd. (India); Jardine Matheson Ltd.
(Indonesia); Jardine Matheson K.K. (Japan); Jardine Matheson (Malaysia)
Sdn. Bhd.; Jardine Matheson Europe B.V. (Netherlands); Jardine Matheson
(China) Ltd.; Jardine Davies Inc. (Philippines); Jardine Matheson
(Singapore) Ltd.; Jardine, Matheson & Co., Ltd. (Taiwan); Jardine
Matheson (Thailand) Ltd.; Theo. H. Davies & Co., Ltd. (U.S.A.);
Jardine Pacific (Vietnam).
Since antiquity, a site along the Rio Tinto, in the Andalusian Province of Huelva in Spain has been mined for copper, silver, gold, and other minerals.[13] Approximately 3000 BC, Iberians and Tartessians began mining the site, followed by the Phoenicians, Greeks, Romans, Visigoths, and Moors.
After a period of abandonment, the mines were rediscovered in 1556 and
the Spanish government began operating them once again in 1724.[13]
However, Spain's mining operations there were inefficient, and the
government itself was otherwise distracted by political and financial
crises,[14] leading the government to sell the mines in 1873 at a price later determined to be well below actual value.[15] The purchasers of the mine were led by Hugh Matheson's Matheson and Company, which ultimately formed a syndicate consisting of Deutsche Bank
(56% ownership), Matheson (24%), and railway firm Clark, Punchard and
Company (20%). At an auction held by the Spanish government for sale of
the mine on 14 February 1873, the group won with a bid GB£3,680,000 (ESP 92,800,000). The bid also specified that Spain permanently relinquish any right to claim royalties
on the mine's production. Following purchase of the mine, the syndicate
launched the Rio Tinto Company, registering it on 29 March 1873.[14] At the end of the 1880s, control of the firm was passed to the Rothschild family, who greatly increased the scale of its mining operations.[16]
STANDING FOR CLASS ACTIONS
338. Bolling v Sharpe (1954), in which the Court found segregation in the public schools of Washington,
D.C. violated the Constitution. Chief Justice Warren wrote: "The Fifth Amendment, which
is applicable in the District of Columbia, does not contain an equal protection clause as does the
Fourteenth Amendment which applies only to the states. But the concepts of equal protection and
due process, both stemming from our American ideal of fairness, are not mutually exclusive. The
"equal protection of the laws" is a more explicit safeguard of prohibited unfairness than "due process
of law," and, therefore, we do not imply that the two are always interchangeable phrases. But,
as this Court has recognized, discrimination may be so unjustifiable as to be violative of due process."
PRAYER & APPLICATION FOR RECOGNITION AS A PROTECTED GROUP
The general allegations of the complaint in this case
describe in vivid detail the turmoil between the native inhabitants
of the island and Rio Tinto, which led to the closure of
the mine by the local residents in protest over the environmental
destruction wrought by it. The complaint concludes its
description of the events leading to the closure of the mine by
asserting that "Bougainville is the first place in the world
where an indigenous people have forced the closure of a mine
that was raping the land and an environment, and have kept
it closed." The complaint goes on to describe the acts of violence
and mayhem intentionally inflicted by Rio Tinto after
its summoning of military force.
The complaint here amply shows why the residents of
Bougainville constitute a protected group. The complaint
defines the residents of Bougainville by reference to their "native
way of life," ancestral attachment to the land, distinct culture,
and black skin color. Moreover, the complaint alleges
that both Rio Tinto and the PNG government saw the residents
of Bougainville as a distinct group. See Compl. ("Rio
considered the native people to be inferior in every respect:
socially, economically, politically, and racially."); id. (quoting
"the former commander of the PNG forces," referring to the
residents of Bougainville as a " ‘distinctive people' "); see
also Bosnia and Herzegovina, 2007 I.C.J. at ¶ 191 (noting
that "international jurisprudence accepts a combined
subjective-objective approach to defining a protected group,"
allowing for definition both by the group itself and by outsiders).
The complaint thus adequately alleges that Bougainvilleans
possessed "particular positive characteristics" and
"particular group identity," Bosnia and Herzegovina, 2007
I.C.J. at ¶ 193, both in their own eyes and in the eyes of others.
These allegations are more than enough to support the Bougainvilleans'
status as a protected group for the purpose of
their genocide claim. This is true no matter whether they
allege the shared "social . . . and cultural" characteristics that
comprise an ethnic identity, see David L. Nersessian, The
Razor's Edge: Defining and Protecting Human Groups Under
the Genocide Convention, 36 CORNELL INT'L L.J. 293, 300
(2003) (citing "the travaux preparatoires of the Genocide
Convention"), or shared physical characteristics sufficient to
constitute an identifiable "racial" group, or a hybrid of these
or the other protected elements. As the ICTY has explained:
"National, ethnical, racial or religious group[s] are not clearly
defined in the [Genocide] Convention or elsewhere. . . .
[S]etting out such a list was designed more to describe a single
phenomenon . . . than to refer to several distinct prototypes
of human groups." Krstic, ¶¶ 555-56. Plaintiffs have
adequately alleged both ethnic and racial traits sufficient to
make them a protected group.
Moreover, according to the complaint, Rio Tinto oversaw
this mass infliction of death and suffering as a part of its pattern
of behavior on account of its worldwide view that members
of non-white races were "expendable." Thus, the
complaint alleges that this was Rio Tinto's worldwide modus
operandi: "Rio's treatment of the Bougainville people and the
environment was a part of a pattern of behavior it has perpetrated
throughout the world where it has regarded the non
Caucasian indigenous people who live in the areas in which
it is exploiting natural resources as racially inferior and
expendable."
Although the complaint's use of the term "non Caucasian"
might be read to conflict with Bosnia and Herzegovina's suggestion
that protected groups must be defined in positive
rather than negative terms, 2007 I.C.J. at ¶ 193, any conflict
here is illusory, given the complaint's extensive allegations as
to the "positive characteristics," id., of the people of Bougainville.
As in Bosnia and Herzegovina, the complaint's use of
the negative identifier is "very limited," id. at ¶ 196. The
complaint overwhelmingly describes Bougainvilleans by reference
to their own characteristics, rather than by contrast to
characteristics they did not possess.
Thus, the killings of the native people of the island were
committed on account of their race at least in part, and committed
with "intent to destroy in whole or in part a national,
ethnic[ ], racial or religious group, as such" within the meaning
of Article I of the Genocide Convention. The target was
the indigenous population of the previously pristine and isolated
island of Bougainville, whose members had previously
had "only the vaguest contact with the modern world," who
were non-white, and who shared a homogenous racial identity.
The allegations are sufficient to constitute genocide with
respect to the Islanders. Even though the complaint alleges
that Rio Tinto harbored virtually global racial animosity
toward non-white indigenous peoples, the existence of animosity
toward similar groups throughout the world cannot
negate the legal consequences of an attempt to destroy a specific
protected group in a particularized place.
[26] The complaint adequately alleges a claim of genocide.
The district court's original dismissal of the claim must be
reversed.
B. War Crimes
The complaint alleges war crimes-in the form of murder
-against the civilian population of Bougainville during a
non-international armed conflict in violation of Common
Article III of the Fourth Geneva Convention Relative to the
Protection of Civilian Persons in Time of War (Common Article
III).
1. The prohibition against war crimes is a specific,
universal, and obligatory internationally accepted
norm.
War crimes are defined primarily by the Geneva Conventions,
to which the United States, along with at least 180
nations, is a party and which constitute part of customary
international law. See, e.g., Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
S. Exec. Rep. 101-30, at 15 (1990) ("[T]he Geneva
Conventions, to which the United States and virtually all other
countries are Parties, . . . generally reflect customary international
law."). War crimes are also among the crimes of "universal
concern" in Restatement (Third), § 404.
War crimes, regrettably, continue to have an all too contemporary
resonance. A district court in Virginia has recently
recognized the status of war crimes as sufficiently specific,
obligatory, and universal to give rise to a cause of action
under the ATS:
Claims for violations of the international norm proscribing
war crimes are cognizable under the ATS.
By ratifying the Geneva Conventions, Congress has
adopted a precise, universally accepted definition of
war crimes. Moreover, through enactment of a separate
federal statute, Congress has incorporated this
precise definition into the federal criminal law. 18
U.S.C. § 2441. Thus, Congress has clearly defined
the law of nations to include a binding prohibition on
the commission of war crimes. Given this, and given
Sosa's teachings, it follows that an allegation of a
war crime states a cause of action under the ATS.
In re Xe Servs. Alien Tort Litig., 665 F. Supp. 2d 569, 582
(E.D. Va. 2009).
[27] The definition of war crimes found in Common Article
III has been agreed to by the United States and more than
180 nations party to the Geneva Convention. Common Article
III provides, in relevant part:
In the case of armed conflict not of an international
character occurring in the territory of one of the
High Contracting Parties, each Party to the conflict
shall be bound to apply, as a minimum, the following
provisions:
(1) Persons taking no active part in the hostilities . . .
shall in all circumstances be treated humanely, without
any adverse distinction founded on race, colour
. . . .
To this end, the following acts are and shall remain
prohibited at any time and in any place whatsoever
with respect to the above-mentioned persons:
of all kinds, mutilation, cruel treatment and torture
. . . .
Fourth Geneva Convention Relative to the Protection of Civilian
Persons in Time of War, art. 3, Oct. 21, 1950, 75 U.N.T.S.
287 (Geneva IV). Like the provisions in international law
defining genocide, this definition is sufficiently specific,
obligatory, and universal to give rise to an ATS claim. Defendants
do not contend otherwise.
2. International law recognizes corporate liability
for war crimes.
With respect to corporate liability for war crimes, at least
two district courts have found that corporations may be liable
for war crimes under the ATS. In re Xe Servs. Alien Tort
Litig., 665 F. Supp. 2d 569; Wissam Abdullateff Sa'eed Al-
Quraishi v. Adel Nakhla, 2010 U.S. Dist. LEXIS 76450, *92-
93 (D. Md. 2010) ("The Fourth Geneva Convention does not
limit its application based on the identity of the perpetrator of
the war crimes. Rather, its protections are based on who the
potential victims of war crimes are.").
The text of Common Article III binds "each Party to the
conflict." Geneva IV, art. III. Because parties to a conflict not
of an international character by definition must include at
least one non-state actor, entity, or group, Common Article III
cannot reasonably be interpreted to be limited to states. The
universal, obligatory, and specific nature of the jus cogens
prohibition on war crimes is analogous to the jus cogens norm
prohibiting genocide in its inclusion of states, individuals, and
groups within its prohibition. Like the Genocide Convention,
and to an even greater degree, Common Article III to the
Geneva Conventions focuses on the specific identity of the
victims rather than the identity of the perpetrators.
[28] The Eleventh Circuit has noted that corporations may
be liable under the ATS for war crimes claims. Sinaltrainal
v. Coca-Cola Co., 578 F.3d 1252, 1263 (11th Cir. 2009). We
agree and conclude that international law extends the scope of
liability for war crimes to all actors, including corporations.
3. International law recognizes aiding and abetting
liability for war crimes.
[29] Criminal aiding and abetting liability for war crimes
has been clearly established by the war crimes tribunals. See,
e.g., Prosecutor v. Kvocka, Case No. IT-98-30/1-T, Judgment
(Nov. 2, 2001) (holding an individual responsible for aiding
and abetting war crimes pursuant to the joint criminal enterprise
doctrine); Prosecutor v. Musema, Case No. ICTR-96-
13-T, Judgment (Jan. 27, 2000). See also ICTY Statute art.
7(1) (providing for aiding and abetting liability for all crimes
in its jurisdiction, including crimes against humanity and war
crimes); ICTR Statute art. 6(1) (same); Rome Statute art.
25(3)(c) (same).
Under international law, however, the required mens rea
for aiding and abetting war crimes is subject to dispute. On
the one hand, as Amici International Law Scholars describe,
the Nuremberg-era trials, the ICTY, and the ICTR have
required the mens rea of knowledge in aiding and abetting
cases. Brief of Amici Curiae International Law Scholars in
Support of Plaintiffs-Appellants at 4-16 (Feb. 18, 2010) (citing,
among other cases, United States v. Von Weizsaecker
(The Ministries Case), 14 Trials of War Criminals Before the
Nuernberg Military Tribunals under Control Council Law No.
10 (1949), Prosecutor v. Furundzija, Case No. IT-95-17/1/T,
Judgment, ¶ 236 (Dec. 10, 1998), Prosecutor v. Rutaganda,
Case No. ICTR-96-3-T, Judgment, ¶ 389-91, 416, 439 (Dec.
6, 1990)). On the other hand, the Rome Statute, art. 25(3)(c)
states that aiding and abetting must be "for the purpose" of
furthering the crime. See Doe, at *46. In accord with the
Rome Statute, Judge Katzmann's concurrence in Khulumani
concluded that aiding and abetting under international law
requires the mens rea of purpose and the actus reus of "sub-
stantial assistance." Khulumani, 504 F.3d at 277 (Katzmann,
J. concurring). See also Presbyterian Church of Sudan v. Talisman
Energy, Inc., 582 F.3d 244, 259 (2d Cir. 2009) (stating
that the mens rea for aiding and abetting liability under the
ATS is purpose and the actus reus is "practical assistance to
the principal which has a substantial effect").
[30] We need not resolve this dispute as to mens rea in
order to conclude that customary international law gives rise
to a cause of action for aiding and abetting a war crime under
the ATS. It is absolutely clear, as a matter of international
law, that at least purposive action in furtherance of a war
crime constitutes aiding and abetting that crime. Allegations
of such purposive action are therefore cognizable under the
ATS. See Sosa, 542 U.S. at 732. We reserve decision as to
whether, as Judge Pregerson suggests, allegations of knowledge
but not purpose in aiding or abetting the commission of
war crimes would also be cognizable under Sosa.
4. The complaint adequately alleges a war crimes
claim.
The complaint alleges murder of civilians during the civil
war between the people of Bougainville and the PNG, conduct
which is clearly prohibited under Common Article
III(1)(a) of the Fourth Geneva Convention. The complaint
alleges that Rio Tinto induced the military action and
intended such action, "to forcibly displace and destroy plaintiffs
and members of the Class." According to Plaintiffs, Rio
Tinto "understood and intended" that their actions would
"likely result in military action by the PNG and intended such
action to take place even if it meant the death and/or injury
of residents." Plaintiffs also allege that Rio Tinto "understood
that it had a great deal of the control over the situation" and
"knew" that this was the only way it could reopen its profitable
mine. Plaintiffs allege that Rio Tinto solicited the military
action for its own private ends and directed the military
response even "while reports of war crimes surfaced."
Judge McKeown suggests that Plaintiffs do not allege
Rio Tinto's specific intent to harm the residents of Bougainville.
"Missing," she says, "is the link between Rio Tinto and
the PNG's alleged war crimes." McKeown op. at 19419. But
Judge McKeown ignores Plaintiffs' extensive allegations that
Rio purposely induced the war crimes in order to protect its
economic interests in PNG. Plaintiffs allege that Rio issued
the PNG government "an ultimatum": displace the local residents
interfering with its mining operations, no matter the
means, or Rio would abandon all investments on PNG. When
the PNG government employed military means to fulfill Rio's
demands, Plaintiffs allege, Rio provided the PNG military
helicopters and vehicles to carry out the operations, even after
reports of war crimes became public. When initial efforts
were insufficient to displace the locals, PNG imposed a blockade
on Bougainville; Plaintiffs allege that at a meeting "between
PNG officials and two top Rio executives, one top Rio
manager encouraged continuation of the blockade to ‘starve
the bastards out . . . .' " Moreover, Rio allegedly assured the
PNG government that the continued maintenance of the
blockade was enough to prevent Rio from withdrawing from
PNG, while Rio simultaneously attempted to repress reporting
of the humanitarian crisis unfolding on the island. These allegations
support much more than "an inference of mere knowledge
on Rio Tinto's part," McKeown op. at 19419; it supports
an inference that Rio Tinto actively encouraged the killing of
Bougainvilleans. It is "sufficient factual matter" for plaintiffs
"to ‘state a claim to relief that is plausible on its face,' " even
if plaintiffs must allege that Rio Tinto specifically intended to
harm the residents of Bougainville. Ashcroft v. Iqbal, 129 S.
Ct. 1937, 1949 (2009) (quoting Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 570 (2007)).
In any event, it is far from clear that such specific intent is
necessary to satisfy a mens rea of purpose under international
law. As our concurring colleagues note, Pregerson Op. at
19387 n.1, the "purpose" language of the Rome Statute's
Article 25(c)(3) "has yet to be construed by the ICC and may
be interpreted to be consistent with customary international
law, which does not contain a specific intent requirement."
Brief of Amici Curiae International Law Scholars in Support
of Plaintiffs-Appellants at 20-21 (Feb. 18, 2010). Under customary
international law, "[i]n the absence of a specific intent
requirement, a perpetrator must act intentionally, but must
only be aware of the likely outcome," in order to be held liable.
Id. at 21 (second emphasis added). Article 25(3)(c) thus
can be read to state only the "de minimus and obvious point
. . . that an aider or abettor purposely acts in a manner that has
the consequence of facilitating the commission of a crime,"
without "fram[ing] the intent of the aider or abettor with
respect to that consequence." David Scheffer & Caroline
Kaeb, The Five Levels of CSR Compliance: The Resiliency of
Corporate Liability Under the Alien Tort Statute and the Case
for a Counterattack Strategy in Compliance Theory, 29
BERKELEY J. INT'L L. 334, 355 (2011); see also Doug Cassel,
Corporate Aiding and Abetting of Human Rights Violations:
Confusion in the Courts, 6 NW. J. INT'L HUM. RTS. 304, 312-
13 (2008) ("‘[P]urpose' in the ICC Statute need not mean the
exclusive or even primary purpose. A secondary purpose,
including one inferred from knowledge of the likely consequences,
should suffice."). Because plaintiffs allege that Rio
Tinto specifically intended to harm them in aiding and abetting
the commission of war crimes, we need not decide
whether the broader interpretation of "purpose" would also
sustain liability (just as we need not decide whether allegations
of knowing but not purposive action would be cognizable).
[32] We conclude that the allegations are sufficient to state
a war crimes claim. The complaint alleges purposeful conduct
undertaken by Rio Tinto with the intent to assist in the commission
of violence, injury, and death, to the degree necessary
to keep its mines open.
A
decade after then Attorney General Eliot Spitzer dusted off the long
dormant Martin Act and deployed it to become the "Sheriff of Wall
Street," the Court of Appeals has essentially deputized private citizens
in holding for the first time that common-law tort claims are not
pre-empted by the law.
"Today's decision is an
important recognition that private lawsuits brought by harmed investors
are compatible with our office's public enforcement role under the
Martin Act," said Jennifer Givner, a spokeswoman for the attorney
general. "As the Court's decision reflects, the purpose of the Martin
Act is in no way impaired by private legal claims, since actions by the
Attorney General and harmed investors both further the same goal: to
fight fraud and deception in the securities marketplace."
For
nearly 200 years, the Alien Tort Claims Act lay dormant, a one-sentence
law passed by the first Congress that gave federal courts jurisdiction
to hear any lawsuit brought by "an alien" for torts committed "in
violation of the law of nations." Then around 1980 inventive lawyers
rediscovered it as a tool for international human-rights enforcement.
One judge dubbed the long-neglected law a "legal Lohengrin," after the knight in the Richard Wagner opera who magically appears in a boat drawn by a swan.
Early
next year the Supreme Court will decide whether this law can be the
legal vehicle for pressing multibillion-d0llar claims against
corporations that lawyers believe are responsible for human-rights
violations. One case, Kiobel v. Royal Dutch Petroleum,
asks whether Nigerian villagers can sue the oil giant in U.S. court
over the actions of government troops they say were acting on Shell's
orders to protect its valuable installations in Nigeria. It is paired
with another case involving the 1993 Torture Victims Protection Act.
In both, the court is being asked to sort out a dispute among the
federal districts about whether these laws apply to individuals only, or
can be extended to organizations like Shell and the Palistinian
Liberation Organization. They're scheduled to be argued Feb. 28.
The
stakes are huge for corporations, which theoretically could be held
liable for any actions of the government in nations where they do
business, pay taxes, and rely on local forces to protect their assets.
"There
have been plenty of cases where the theory is, basically, the
corporation has aided and abetted the human rights violations just by
doing business with the violators," said Meir Feder, an appellate lawyer in Jones Day's New York office who is active in international corporate law. "It's been a real growth industry."
Lawyers really embraced the 1789 law after the U.S. Supreme Court decided in 2004 that
a Mexican national could not use the ATS to sue the Mexican agent who
abducted him on instructions of U.S. officials. It was a defeat for the
plaintiff in that case, but the high court flashed "an ambiguous green
light" to other lawsuits by suggesting the ATC could be used to allege
torts that didn't exist when it was written in 1789.
The
main question before the court when it hears the Shell and Torture
Protection cases, probably in February, will be whether the laws can be
applied to organizations instead of individuals. The Second Circuit
Court of Appeals in New York rejected the Shell case in December 2010,
saying "corporate liability is not a discernable-much less universally
recognized-norm of customary international law."
The
decision offers a lengthy diversion into 18th century law and politics,
when pirates were a major foreign-policy concern and large parts of the
world had no formal government at all. The majority concluded that
while enforcing human rights was the "singular achievement" of
international law after World War II, it has never been stretched to
include lawsuits against corporations. The ATC applies to the actions of
states and individuals,the court ruled, since ultimately only people in
a position of governmental authority can bear moral responsibility for
acts so heinous they rise to the level of "international crime."
Even the ever-sympathetic Ninth Circuit decided in 2010 that Chevron couldn't be sued under the ATS for the actions of Nigerian security forces when they retook an offshore oil platform that had been occupied by protesters.
The 11th Circuit ruled for plaintiffs 2008
in a lawsuit by Colombian villagers allegedly abused by paramiliaries
in the employ of a U.S. corporation. And in July of this year the
influential D.C. Circuit ruled that ExxonMobil could be sued
for allegedly allowing government security forces detailed to its
facility in Aceh, Indonesia to commit murder, sexual assault and other
crimes against villagers.
The court rejected ExxonMobil's argument that the Supreme Court had eliminated aiding and abetting liability in its pivotal Central Bank case in 1994. It still applied in the world of international crimes, the court held. None less than George Washington
had issued a proclamation in 1793 warning U.S. citizens they'd be found
liable for "aiding, or abetting hostilities" against any power involved
in fighting in Europe.
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Argued and Submitted
September 21, 2010-San Francisco, California
Filed October 25, 2011
SAREI v. RIO TINTO
No. 09-56381
Appeal from the United States District Court
for the Central District of California
Margaret M. Morrow, District Judge, Presiding
Argued and Submitted
September 21, 2010-San Francisco, California
Filed October 25, 2011
Before: Mary M. Schroeder, Harry Pregerson,
Stephen Reinhardt, Andrew J. Kleinfeld, Barry G. Silverman,
M. Margaret McKeown, Marsha S. Berzon,
Johnnie B. Rawlinson, Consuelo M. Callahan, Carlos T. Bea,
and Sandra S. Ikuta, Circuit Judges.
Opinion by Judge Schroeder;
(EXCERPTS)
"enacted on the understanding that the common law
would provide a cause of action for the modest number of
international law violations . . . based on the present-day law
of nations . . . rest[ing] on a norm of international character
accepted by the civilized world and defined with a specificity
comparable to the features of the 18th-century paradigms we
have recognized [violation of safe conducts, infringement of
the rights of ambassadors, and piracy]." Id. at 724-25.
Internationally accepted norms must be "specific, universal,
and obligatory." Sosa, 542 U.S. at 732 (citing with approval
In re Estate of Ferdinand Marcos, Human Rights Litig. (Marcos
II), 25 F.3d 1467, 1475 (9th Cir. 1994)). Thus, in discussing
the definite nature of an international norm that gives rise
to a cause of action in an ATS suit against a private actor, the
Supreme Court also noted that "a related consideration is
whether international law extends the scope of liability for a
violation of a given norm to the perpetrator being sued, if the
defendant is a private actor such as a corporation or individual."
Id. at 732 n.20.
Extraterritoriality is generally a question of statutory interpretation
going to the merits of a case. Morrison v. Nat'l Australia
Bank Ltd., 130 S. Ct. 2869, 2877 (2010). Because the
Supreme Court in Sosa established that the ATS is a jurisdictional
statute, 542 U.S. at 712, however, and because Rio
Tinto argues that we lack jurisdiction to apply the Act
extraterritorially, we consider extraterritoriality in this case
under the heading of jurisdictional issues.
This case concerns conduct that occurred outside the
United States. Rio Tinto points to a series of cases that deny
extraterritorial effect and pertain to a variety of other statutes
in order to argue that the ATS does not apply extraterritorially.
EEOC v. Arabian Am. Oil Co. (Aramco), 499 U.S. 244
(1991) (Title VII); The Apollon, 22 U.S. 362 (1824) (Collection
Act of 1799); United States v. Palmer, 16 U.S. 610
(1818) (Act for the Punishment of Certain Crimes Against the
United States); Rose v. Himley, 8 U.S. 241 (1808) (French
condemnation laws). Additionally, in an earlier order published
in this appeal, as well as in our earlier en banc opinion,
Judge Kleinfeld dissented, as he does now, on the ground that
the ATS applies to conduct only within the United States.
[2] Our circuit has addressed this same issue once before.
In In re Estate of Ferdinand Marcos, Human Rights Litig.
(Marcos I), 978 F.2d 493, 499-501 (9th Cir. 1992), we considered
an ATS claim based on torture that took place in the
Philippines. We categorically rejected the argument that the
ATS applies only to torts committed in this country. We said,
"we are constrained by what § 1350 shows on its face: no limitations
as to the citizenship of the defendant, or the locus of
the injury." Id. at 500. In fact, the seminal and most widely
respected applications of the statute relate to conduct that took
place outside the United States. See Kadic v. Karadzic, 70
F.3d 232 (2d Cir. 1995) (Bosnia-Herzegovina); Marcos I, 978
F.2d 493 (Philippines); Filartiga v. Pena-Irala, 630 F.2d 876
(2d Cir. 1980) (Paraguay). The D.C. Circuit has recently concluded
that there is no bar to the ATS's applicability to foreign
conduct because the Supreme Court in Sosa did not
disapprove these seminal decisions and Congress, in enacting
the Torture Victim Protection Act, implicitly ratified such law
suits. Doe v. Exxon Mobil Corp., No. 09-7125, 2011 WL
2652384, at *25 (D.C. Cir. July 8, 2011); see also, Flomo v.
Firestone Nat'l Rubber, Co., No. 10-3675, 2011 WL
2675924, at *24 (7th Cir. July 11, 2011)..
Moreover, we know from Sosa, that the Congress in 1789
had overseas conduct in mind. The Supreme Court in Sosa
explained that when the Act was enacted, in 1789, piracy was
one of the paradigmatic classes of cases recognized under the
ATS. 542 U.S. at 724; see also United States v. Smith, 5
Wheat. 153, 163-180, n.a (1820) (cited favorably in Sosa, 542
U.S. at 732) (illustrating the specificity with which the law of
nations defined piracy). In fact, the North African Barbary
Pirates were the scourge of shipping at the time of the ATS's
passage. ADRIAN TINNISWOOD, PIRATES OF BARBARY: CORSAIRS,
CONQUESTS, AND CAPTIVITY IN THE 17th CENTURY MEDITERRANEAN
(2010). They roamed the Mediterranean region highjacking
trading vessels, enslaving their crews, and plundering
their cargoes. Id. Their attacks against American ships gave
rise to the creation of the U.S. Navy in 1794, shortly after the
passage of the ATS. A. B. C. WHIPPLE, TO THE SHORES OF
TRIPOLI: THE BIRTH OF THE U.S. NAVY AND MARINES (1991,
republished in 2001).
Morrison, upon which Judge Kleinfeld's dissent predominantly
relies, concerned the scope of § 10(b) of the Securities
Exchange Act of 1934. It employed a "presumption against
extraterritoriality" and tracked the presumption's lineage to
cases dating from 1932 onward. Id. at 2877-78 (citing Blackmer
v. United States, 284 U.S. 421 (1932); Foley Bros., Inc.
v. Filardo, 336 U.S. 281 (1949); Aramco, 499 U.S. 244; Smith
v. United States, 507 U.S. 197 (1993); Sale v. Haitian Ctrs.
Council, Inc., 509 U.S. 155 (1993)). There is no indication in
Morrison, however, or elsewhere, that a "presumption against
extraterritoriality" existed and could have been invoked by
Congress in 1789.
The Court held in Morrison that § 10(b) did not apply to
securities transactions conducted in other nations, stating that
"[w]hen a statute gives no clear indication of an extraterritorial
application, it has none." 130 S. Ct. at 2878. Morrison,
however, did not require that Congress use the precise word
"extraterritorial" in a statute to establish such applicability. It
required only that there be a "clear indication," stating that
such an indication may come from either the text or the context
of the statute. Id. at 2883.
[3] There is more than one "clear indication" of extraterritorial
applicability in both the ATS's text and its context. The
ATS provides for jurisdiction "of any civil action by an alien
. . . committed in violation of the law of nations or a treaty
of the United States." 28 U.S.C. § 1350. The statute creates
jurisdiction for claims brought by persons who are not citi-
zens of this country. The statute's explicit reference to the law
of nations indicates that we must look beyond the law of the
United States to international law in order to decide what torts
fall under its jurisdictional grant. Piracy was one of the paradigmatic
classes of cases recognized under the ATS when it
was enacted. These are all indications of extraterritorial applicability.
[4] In his dissent, Judge Kleinfeld acknowledges that Congress
expressly intended to include claims of piracy within the
ambit of the ATS. Nevertheless, he discounts such inclusion
for purposes of the statute's extraterritorial applicability. He
states that while piracy occurs outside the United States, it
takes place on the high seas, so there is no potential for interference
with another nation's sovereignty. He argues that,
after Morrison, the express inclusion of piracy as a claim
under the ATS can no longer support the statute's extraterritorial
application. Morrison, however, is very specific about the
language of the Securities Exchange Act of 1934 and how it
pertains to our own "national public interest." It focuses on
the domestic history of the implementation of § 10(b). Morrison
describes Congress as generally enacting statutes that
apply in our country, but says nothing about any concerns for
the sovereignty of other nations. It provides no reasoning to
undermine our conclusion that by recognizing an ATS claim
for piracy, Congress intended extraterritorial application of
the statute. Judge Kleinfeld accuses us of ignoring concerns
about interference with national sovereignty. Yet, the
Supreme Court in Sosa took such concerns fully into account
when it held that ATS jurisdiction was limited to claims in
violation of universally accepted norms. 543 U.S. at 727-28.
[5] Moreover, the ATS is a jurisdictional statute; federal
courts frequently exercise jurisdiction with regard to matters
occurring out of the country, subject to forum non conveniens
and conflict of law principles. See Filartiga, 630 F.2d at 885
("Common law courts of general jurisdiction regularly [have]
adjudicate[d] transitory tort claims between individuals over
whom they exercise personal jurisdiction, wherever the tort
occurred." (emphasis added)); see also Marcos I, 978 F.2d at
499-50 (rejecting the argument "that there is no extraterritorial
jurisdiction over civil actions based on torture"). The
norms being applied under the ATS are international, not
domestic, ones, derived from international law. As a result,
the primary considerations underlying the presumption
against extraterritoriality-the foreign relations difficulties
and intrusions into the sovereignty of other nations likely to
arise if we claim the authority to require persons in other
countries to obey our laws-do not come into play. This is
because, Judge Kleinfeld's contention notwithstanding, we
are not asserting an entitlement to "make law" for the "entire
planet." Kleinfeld op. at 19431. Instead, and especially in
light of Sosa, the ATS provides a domestic forum for claims
based on conduct that is illegal everywhere, including the
place where that conduct took place. It is no infringement on
the sovereign authority of other nations, therefore, to adjudicate
claims cognizable under the ATS, so long as the requirements
for personal jurisdiction are met.
The only circuit decision to apply Morrison in a case other
than in a securities case is Norex Petroleum v. Access Indus.,
631 F.3d 29 (2d Cir. 2010). It dealt with the Racketeer Influenced
and Corrupt Organizations Act (RICO), enacted in
1970. There, the Second Circuit, in an amended opinion,
applied the Morrison presumption and dismissed a RICO
action founded on conduct occurring in Russia. That decision
was consistent with the Second Circuit's precedent, as that
circuit had earlier held that RICO had no extraterritorial application
because it contained no language suggesting extraterritorial
applicability. See North South Fin. Corp. v. Al-Turki,
100 F.3d 1046, 1051 (2d Cir. 1996), abrogated on other
grounds by Norex.
[6] We deal with the ATS, not RICO or a securities act.
There are strong indications that Congress intended the ATS
to provide jurisdiction for certain violations of international
law occurring outside the United States, and there are no indications
to the contrary. We therefore conclude that the ATS
is not limited to conduct occurring within the United States or
to conduct committed by United States citizens. The ATS, of
course, expressly creates jurisdiction for claims asserted by
aliens, so that there can be no dispute that claims may, indeed
must, be asserted by entities that are not citizens of the United
States.
[7] There is no extraterritorial bar to applying the ATS to
the conduct alleged in this case.
B. Corporate Liability
Defendants are all corporate entities, referred to collectively
as Rio Tinto, and they contend that the ATS does not
apply to corporations. We believe there are two separate but
related inquiries with respect to corporate liability in this case.
The first is whether, as Rio Tinto argues, the statute itself bars
all corporate liability, and to the extent it applies to private
actors, permits liability only as to individuals. The second is
whether, if there is no overall statutory bar to corporate liability,
the particular internationally accepted norm alleged to
have been violated recognizes corporate liability. We deal, at
this point, with the first, and more general inquiry.
Rio Tinto urges us to hold that the ATS bars corporate liability.
This is a view that is to some extent supported by the
recent Second Circuit majority opinion in Kiobel v. Royal
Dutch Petroleum Co., holding that customary international
law as a whole "has not to date recognized liability for corporations
that violate its norms." 621 F.3d 111, 125 (2d Cir.
2010). We, however, conclude the sounder view is that
expressed in Judge Leval's concurrence. Id. at 153 (Leval, J.,
concurring) ("No principle of domestic or international law
supports the majority's conclusion that the norms enforceable
through the ATS-such as the prohibition by international
law of genocide, slavery, war crimes, piracy, etc.-apply only
to natural persons and not to corporations, leaving corporations
immune from suit and free to retain profits earned
through such acts.").
In its brief, Rio Tinto looks principally to treaties establishing
international tribunals for criminal trials-i.e. the Rome
Statute and the Rwanda War Crimes Commission-which do
not explicitly provide for corporate liability. The appropriate
inquiry, however, is to look at the ATS itself and to the international
law it incorporates. Sosa, 542 U.S. at 733.
We have already recognized the importance of looking at
the statutory language and purpose. Our circuit's most recent
decision on corporate civil liability in an international context
is Bowoto v. Chevron, 621 F.3d 1116 (2010), where we held
that the Torture Victim Protection Act's express language and
documented legislative history reflected congressional intent
to limit liability under that statute to individuals. The statute
created a civil action for recovery of damages "from an individual,"
id. at 1126, and the legislative history demonstrated
that Congress considered and rejected corporate liability, id.
at 1127.
[8] The ATS contains no such language and has no such
legislative history to suggest that corporate liability was
excluded and that only liability of natural persons was
intended. We therefore find no basis for holding that there is
any such statutory limitation. This is also the view supported
by a distinguished contemporary scholar, Harold Hongju Koh,
Separating Myth from Reality About Corporate Responsibility
Litigation, 7 J. INT'L ECON. L. 263, 266-67 (2004). The D.C.
Circuit has recently reached the same conclusion. Doe, at *84.
With respect to whether corporate liability exists in any
given ATS case, the most recent controlling Supreme Court
decision is, of course, Sosa, which defines the scope of the
ATS in terms of internationally accepted norms and frames
the question of whether a particular defendant may be held
liable in terms of the nature of the particular norm alleged to
have been violated. In discussing the definite nature of an
international norm required to invoke jurisdiction over a cause
of action under the ATS, the Court noted:
A related consideration is whether international law
extends the scope of liability for a violation of a
given norm to the perpetrator being sued, if the
defendant is a private actor such as a corporation or
individual.
542 U.S. at 733 n.20.
[9] Sosa expressly frames the relevant international-law
inquiry to be the scope of liability of private actors for a violation
of the "given norm," i.e. an international-law inquiry specific
to each cause of action asserted. See id. (citing the
Second Circuit's decision in Kadic, 70 F.3d 232, where both
the majority and the dissent applied international law principles,
and citing the D.C. Circuit's decision in Tel-Oren v. Libyan
Arab Republic, 726 F.2d 774 (D.C. Cir. 1984), which also
looks at international law). The proper inquiry, therefore,
should consider separately each violation of international law
alleged and which actors may violate it. Where no norm of
international law sufficiently "specific, universal and obligatory"
has been alleged to give rise to a cause of action, the
ATS claim must be dismissed and we need not reach the
question of corporate liability. Marcos II, 25 F.3d at 1475.
We therefore address the scope of liability for private
actors, including corporate liability, with respect to those
claims we conclude can allege a violation of a sufficiently
established international norm. There is no legitimate basis
for Rio Tinto's position that the statute itself is a complete bar
to corporate liability.
C. Aiding and Abetting Liability
[10] In this court, although not below, Rio Tinto argues
that the ATS does not encompass aiding and abetting liability.
For purposes of considering this issue, we assume, without
deciding, that the complaint alleges such liability with respect
to the war crimes that could be said to have been committed
by PNG with the aid of Rio Tinto. Like the inquiry into corporate
liability, and for similar reasons, the inquiry into aiding
and abetting liability is an international-law inquiry. See
Khulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254, 268-77
(2d Cir. 2007) (Katzmann, J. concurring) ("aiding and abetting
liability, . . . is sufficiently well established and universally
recognized to be considered customary international
law") (citations, internal quotation marks, and alterations
omitted).
[11] The Second and Eleventh Circuits have recognized
that aiding and abetting may give rise to an ATS claim.
Khulumani, 504 F.3d at 260; Romero v. Drummond Co., 552
F.3d 1303, 1315 (11th Cir. 2008) ("[T]he law of this Circuit
permits a plaintiff to plead a theory of aiding and abetting liability
under the Alien Tort Statute."). As Judge Katzman's
concurrence in Khulumani noted, in that case the United
States conceded and the defendants did not dispute, the wellestablished
international law concept of aiding and abetting.
540 F.3d at 270. The D.C. Circuit recently reached the same
conclusion. Doe, at *29. We agree. The ATS itself does not
bar aiding and abetting liability. In Part IV. B., we engage in
the required international law inquiry and discuss the availability
of aiding and abetting liability for war crimes.
D. Arising Under Jurisdiction
This is a case brought under the ATS, which is a law
enacted by our First Congress. Judge Ikuta's dissent argues,
however, that federal courts under the ATS lack jurisdiction
to adjudicate claims brought by an alien against an alien. In
her view, in adjudicating claims under the ATS we are exercising
foreign diversity jurisdiction and not dealing with a
claim "arising under" the laws of the United States pursuant
to Article III of the Constitution. Our circuit has addressed
this same issue once before in Marcos I and concluded that
ATS claims arise under federal law. 978 F.2d at 502-03.
There, we held "that Congress had the power through the
‘Arising Under' Clause of Article III of the Constitution to
enact the Alien Tort Statute." Id. Some eleven years later, we
applied that precedent while sitting en banc in Alvarez-
Machain v. United States, 331 F.3d 604, 612 (9th Cir. 2003)
(en banc), rev'd sub nom. Sosa v. Alvarez-Machain, 542 U.S.
692 (2004). Although Sosa reversed Alvarez-Machain, it did
so on unrelated grounds, and did nothing to call into question
the holding that we have jurisdiction to hear claims cognizable
under the ATS because they "arise under" federal law for
Article III purposes. Indeed, the best reading of Sosa is that
it confirms our circuit law on this point, to which we adhere
today.
Judge Ikuta's dissent emphasizes Sosa's characterization of
the ATS as a jurisdictional statute. Although the Supreme
Court in Sosa described the ATS as "jurisdictional in nature,"
542 U.S. at 713, the Court rejected defendant's argument that
the ATS "does no more than vest the federal court with jurisdiction."
Id. Rather, the Court held "that federal courts could
entertain claims once the jurisdictional grant was on the
books, because torts in violation of the law of nations would
have been recognized within the common law of the time."
See Sosa, 542 U.S. at 714 (citing Brief of Professors of Federal
Jurisdiction and Legal History as Amici Curiae in Support
of Respondents, 2004 WL 419425). The Court said:
"Although we agree the statute is in terms only jurisdictional,
we think that at the time of enactment the jurisdiction enabled
federal courts to hear claims in a very limited category
defined by the law of nations and recognized at common
law." Id. at 712.
[12] Judge Ikuta's repeated assertion that Sosa held that
the ATS is "a purely jurisdictional statute" is thus misleading,
omitting the nuance in the Sosa opinion. See Ikuta op. at
19469, 19482. What Sosa actually said is that although the
statute is written as a grant of jurisdiction, it was understood
at the time of its passage that the common law would provide
a cause of action for violations of the law of nations or a
treaty of the United States. See Sosa, 542 U.S. at 713-14. In
other words, Sosa holds that the ATS was enacted to provide
jurisdiction to hear claims brought pursuant to causes of
action that already existed at common law.
Of course, as Justice Scalia points out in Sosa, the "common
law" at the time was "the so-called general common
law," and not federal law. Id. at 739 (Scalia, J., concurring)
("General common law was not federal law under the
Supremacy Clause."). As one of our colleagues has explained,
claims arising under the general common law did not arise
under federal law or state law. "Federal and state courts adjudicating
questions of general common law were not adjudicating
questions of federal or state law, respectively-the
general common law was neither." William A. Fletcher, International
Human Rights in American Courts, 93 VA. L. REV.
IN BRIEF 1, 2 (2007) ("[B]y the early nineteenth century it had
become clear that the general law, including the law of
nations, was not federal law in either the jurisdictionconferring
or supremacy-clause sense.").
But the concept of the "common law" changed dramatically
after Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938). After
Erie, we no longer recognize a "general" common law as
applicable in federal courts. Now, when federal courts decide
claims arising under federal common law or federal statutes,
they are applying federal law. As both the Sosa majority and
Justice Scalia's concurrence point out, following Erie "[t]here
developed a specifically federal common law." Id. at 741
(Scalia, J., concurring); see also id. at 726 (maj. op.) ("Erie
. . . was the watershed in which we denied the existence of
any federal ‘general' common law . . . ." (citation omitted)).
[13] Most important for present purposes, there is no question
that claims premised on federal common law arise under
the law of the United States. See, e.g., Illinois v. City of Milwaukee,
406 U.S. 91, 100 (1972) ("We see no reason not to
give ‘laws' its natural meaning, and therefore conclude that
§ 1331 jurisdiction will support claims founded upon federal
common law as well as those of a statutory origin." (citation
omitted)); 19 C. Wright, A. Miller, & E. Cooper, Federal
Practice and Procedure § 4514, 455 (2d ed. 1996) ("A case
‘arising under' federal common law presents a federal question
and as such is within the original subject-matter jurisdiction
of the federal courts.").
Judge Ikuta's dissent insists that even today, more than seventy
years after Erie, cases brought pursuant to the ATS do
not "arise under" the Constitution or laws of the United States
for Article III purposes. In essence, she maintains that as a
claim brought under the ATS would not have arisen under the
laws of the United States for Article III purposes at the time
the ATS was enacted-because, as we have explained, the
cause of action would have been supplied by the "general"
common law, which did not confer jurisdiction-it cannot do
so now, even though the "general" common law no longer
exists. Couching her argument in terms of Congressional
intent, within the framework of the law in existence in 1789,
Judge Ikuta ignores the subsequent development of the law
that Sosa so clearly explained and endorsed taking into
account. In fact, an entire subsection of the opinion (IV.B)
was devoted to explaining why, despite the changed understanding
of "the common law," the judiciary retains the
power, "subject to vigilant doorkeeping," to recognize international
norms as actionable under the ATS. Sosa, 542 U.S.
at 729. Although Sosa gave several reasons for this holding,
most relevant to highlighting the degree to which it foreclosed
Judge Ikuta's current argument is its response to Justice
Scalia. Justice Scalia argued that the changes wrought by Erie
"preclude federal courts from recognizing any further international
norms as judicially enforceable today, absent congressional
action." Id. at 729. The majority responded:
We think an attempt to justify such a position would
be particularly unconvincing in light of what we
know about congressional understanding bearing on
this issue lying at the intersection of the judicial and
legislative powers. The First Congress, which
reflected the understanding of the framing generation
and included some of the Framers, assumed that federal
courts could properly identify some international
norms as enforceable in the exercise of [ATS] jurisdiction.
We think it would be unreasonable to
assume that the First Congress would have expected
federal courts to lose all capacity to recognize
enforceable international norms simply because the
common law might lose some metaphysical cachet
on the road to modern realism.
Id. at 729-30 (emphasis added).
Sosa went on to caution that it did not "imply that every
grant of jurisdiction to a federal court carries with it an opportunity
to develop common law." Id. at 731 n.19. It rejected the
argument that "the grant of federal-question jurisdiction
[under 28 U.S.C. § 1331] would be equally as good" as the
ATS, and for two reasons. Id. First, the ATS "was enacted on
the congressional understanding that courts would exercise
jurisdiction by entertaining some common law claims derived
from the law of nations," whereas federal question jurisdiction
pursuant to § 1331 was not "extended subject to any
comparable congressional assumption." Id. Second, although
"international disputes implicating . . . our relations with foreign
nations are one of the narrow areas in which federal
common law continues to exist," id. at 730 (citation and quotation
marks omitted, alteration in original), "a more expansive
common law power related to 28 U.S.C. § 1331" might
not be "consistent with the division of responsibilities
between federal and state courts after Erie," id. at 729 n.19.
After Erie, the federal common law is developed only in "interstitial
areas of particular federal interest." Id. at 726. In
other words, § 1331 did not make the ATS superfluous,
because only the ATS carries with it the Congressional
assumption that the judiciary would use it to develop the common
law in an area of particular federal interest: international
relations.
[14] In short, we read Sosa to permit courts to develop the
federal common law by incorporating into it certain claims
that derive from norms of international law-but only after
determining that they meet the Sosa standards limiting those
norms for ATS purposes. Sosa's limitations on claims cognizable
under the ATS, moreover, are themselves substantive
federal law, just as the Foreign Sovereign Immunities Act
(FSIA)'s statutory limitations on the sovereign immunity
defenses available to foreign governments in American courts
are substantive federal law. See FSIA, 28 U.S.C. § 1330(a);
Verlinden B.V. v. Cent. Bank of Nigeria, 461 U.S. 480, 493-94
(9183) ("At the threshold of every action in a District Court
against a foreign state, . . . the court must satisfy itself that
one of the [FSIA's] exceptions applies-and in doing so it
must apply the detailed federal law standards set forth in the
[FSIA]. Accordingly, an action against a foreign sovereign
arises under federal law, for purposes of Article III jurisdiction.").
Thus, it is by now widely recognized that the norms Sosa
recognizes as actionable under the ATS begin as part of international
law-which, without more, would not be considered
federal law for Article III purposes-but they become federal
common law once recognized to have the particular characteristics
required to be enforceable under the ATS. See Fletcher,
supra, at 8 ("[D]espite its lack of discussion, the Court's decision
necessarily implies that the federal common law of customary
international law is jurisdiction-conferring."); see
also, e.g., Harold Hongju Koh, How Is International Human
Rights Law Enforced?, 74 IND. L.J. 1397, 1413 (1999)
(describing this "legal internalization"); Harold Hongju Koh,
Is International Law Really State Law?, 111 HARV. L. REV.
1824, 1835 (1998) (same); see also Alvarez-Machain, 331
F.3d at 649-50 (O'Scannlain, J., dissenting) ("The ATS's conformity
with Article III rests on the incorporation of the law
of nations as federal common law."); RESTATEMENT (THIRD) OF
FOREIGN RELATIONS § 111, cmt. e (1987) ("[C]ases arising
under customary international law . . . are ‘Cases . . . arising
under . . . the Laws of the United States, and Treaties made
. . . under their Authority,' and therefore within the Judicial
Power of the United States under Article III, Section 2 of the
Constitution." (all but first alteration in original)).
The Supreme Court in Sosa put it this way: "[F]ederal
courts should not recognize private claims under federal common
law for violations of any international law norm with less
definite content and acceptance among civilized nations than
the historical paradigms familiar when § 1350 was enacted."
542 U.S. at 732. The clear implication of these instructions is
that claims that meet this exacting standard are "recognize[d]
. . . under federal common law." Id.; see also id. (recognizing
that ATS claims are "private claims under federal common
law for violations of . . . international law norm[s]"); id. at
745 n.* (Scalia, J., concurring) ("[A] federal-common-law
cause of action of the sort the Court reserves discretion to
create would ‘arise under' the laws of the United States . . .
for purposes of statutory federal-question jurisdiction."
(emphasis omitted)).
Judge Ikuta's assertion that "international law is not itself
part of the ‘Laws of the United States' for purposes of Article
III" is therefore not wrong, but it is incomplete. More accurately,
it should state: The norms underlying international law
torts are not itself part of the "Laws of the United States" for
purposes of Article III until they have been incorporated into
the federal common law pursuant to the exacting process
articulated in Sosa.
Other aspects of Sosa confirm this conclusion. Sosa itself
was a suit between two aliens. Two of the amicus briefs sub-
mitted on behalf of the respondent in Sosa pointed out the
alleged Article III deficiency that Judge Ikuta asserts exists
here. See Brief for the National Foreign Trade Council, et al.,
as Amici Curiae, 2004 WL 162760, at 24-25 (Jan. 23, 2004)
("Some ATS suits (including this one) feature aliens suing
aliens-making the suits ineligible for federal diversity jurisdiction.
For the suits to be maintainable, therefore, they would
have to fall under another head of Article III jurisdiction-
probably jurisdiction for ‘Cases . . . arising under . . . the
Laws of the United States.' But, . . . international law itself,
without some congressional action incorporating it into positive
domestic law, is not law of the United States for Article
III purposes. Reading the ATS as permitting suits based only
on generalized international law, with no further specification
by statute or treaty, would mean the statute attempted to provide
jurisdiction well beyond the Article III limits." (citations
omitted, emphasis in the original)); see also Brief of Washington
Legal Foundation, et al. as Amici Curiae, 2004 WL
162759, at *14-19 (Jan. 23, 2004) (arguing that "a claimed
violation of an international-law norm that has not been codified
in a federal treaty or statute does not present a federal
question or arise under federal law").
The Sosa Court's obvious awareness of the potential Article
III problem, moreover, makes even more significant
Sosa's acknowledgment that the ATS will call upon the federal
courts "to consider suits under rules that would go so far
as to claim a limit on the power of foreign governments over
their own citizens, and to hold that a foreign government or
its agent has transgressed those limits." Sosa, 542 U.S. at 727.
The paradigmatic example of a suit that could "claim a limit
on the power of foreign governments over their own citizens"
is a case such as this one, where a foreign plaintiff is suing
a foreign defendant for a tort committed in a foreign country.
We are, of course, cognizant of Sosa's warning regarding "the
potential implications for the foreign relations of the United
States of recognizing such causes," id.-a concern that we
address in Part III.B-but Sosa clearly contemplated that
courts would at least have subject-matter jurisdiction, under
appropriate circumstances, to hear cases brought under the
ATS in which foreign plaintiffs allege that they have been
wronged by their (foreign) governments. We are unwilling to
assume, as Judge Ikuta apparently does, that the Sosa Court
would warn us to be careful regarding the foreign-policy
implications of hearing a type of case over which we lack
subject matter jurisdiction entirely-particularly when the
alleged jurisdictional defects of which Judge Ikuta complains
were brought to its attention.
Others agree that Sosa stands for the proposition that
claims cognizable under the ATS arise under the federal common
law, and therefore provide subject matter jurisdiction.
See Fletcher, supra, at 7-8 (explaining that, after Sosa, we
know "that there is a federal common law of international
human rights based on customary international law" and that
"the federal common law of customary international law is
federal law in both the jurisdiction-conferring and supremacyclause
senses"); see also, e.g., Khulumani, 504 F.3d at 265
(Katzmann, J., concurring) (explaining how "Sosa makes
clear that all ATCA litigation is in fact based on federal common
law, rather than a statutory cause of action"); id. at 286
(Hall, J., concurring) ("[A]lthough the substantive norm to be
applied is drawn from international law or treaty, any cause
of action recognized by a federal court is one devised as a
matter of federal common law." (quoting the Brief for the
United States of America as Amicus Curiae at 5 (alteration in
the original))); William R. Casto, The New Federal Common
Law of Tort Remedies for Violations of International Law, 37
RUTGERS L.J. 635, 638 (2006) ("Sosa squarely holds that ATS
litigation is based upon a federal common law cause of action
. . . ."); Ernest A. Young, Sosa and the Retail Incorporation
of International Law, 120 HARV. L. REV. F. 28, 31, 33 (2007)
("Sosa is best read as recognizing a federal common law
implied right of action for the violation of certain [customary
international law] rules of decision. . . . [O]nce Sosa recognized
a federal right of action, that recognition was sufficient
to bring such claims within current understandings of Article
III's ‘arising under' jurisdiction.").
To further support the proposition that the ATS does not
arise under the laws of the United States, Judge Ikuta points
out that admiralty law does not arise under the laws of the
United States. Am. Ins. Co. v. 356 Bales of Cotton, 26 U.S.
511, 545 (1828). Judge Ikuta, however, overlooks the reason.
Admiralty law does not "arise under" federal law for Article
III purposes because admiralty and maritime law have been
carved out by the Supreme Court as special in this regard, for
reasons wholly inapplicable to claims cognizable under the
ATS. See Romero v. Intern'l Terminal Operating Co., 358
U.S. 354, 359-80 (1959).
Article III has three specific grants of subject-matter jurisdiction.
U.S. Const. art. III, § 2, cl. 1-3 (including cases arising
under, cases affecting ambassadors, and cases of
admiralty). In the seminal case upon which Judge Ikuta relies,
Chief Justice Marshall reasoned that: "The Constitution certainly
contemplates these as three distinct classes of cases;
and if they are distinct, the grant of jurisdiction over one of
them, does not confer jurisdiction over either of the other
two." 356 Bales of Cotton, 26 U.S. at 545. For that reason, as
well as for reasons specific to notions of the "general common
law" that no longer prevail, 356 Bales of Cotton held that "[a]
case in admiralty does not, in fact, arise under the Constitution
or laws of the United States." Id.
[15] In conclusion, the controlling decision of the Supreme
Court, Sosa, and the overwhelming weight of scholarly
authority all compel us to hold that an ATS case "arises
under" the laws of the United States and calls for the exercise
of federal question jurisdiction pursuant to Article III.
...
That an international tribunal has not yet held a corporation criminally
liable does not mean that an international tribunal could not
or would not hold a corporation criminally liable under customary
international law. See Jonathan A. Bush, The Prehistory
of Corporations and Conspiracy in International
Criminal Law: What Nuremburg Really Said, 109 COLUM. L.
REV. 1094, 1149-68 (2009) (exploring strategic decision not
to prosecute corporations at Nuremburg trials, after determining
that such prosecutions would have been available under a
variety of theories); cf. The Nuremberg Trial, 22 Trial of the
Major War Criminals Before the International Military Tribunal
501-17 (proceedings of Sept. 30, 1946) (declaring the
Nazi Leadership Corps, Die Geheime Staatspolizei (Gestapo)
and Der Sicherheitsdienst des Reichsführer SS (SD) (which
were indicted together), and Die Schutzstaffeln der Nationalsozialistischen
Deutschen Arbeiterpartei (SS) to be criminal
organizations). We cannot be bound to find liability only
where international fora have imposed liability. Moreover,
both the District of Columbia and the Seventh Circuits have
very recently upheld imposition of civil liability on corporations
under the ATS. Doe, at *4; Flomo, at *15. Both courts
noted that, while I.G. Farben was not criminally prosecuted
after World War II, it was dissolved and it's assets seized.
Doe, at *75-77; Flomo, at *6-7. Corporate identity is no bar
to liability under the ATS.
REINHARDT, Circuit Judge, concurring:
I. Aiding and Abetting
I continue to adhere to the view that in determining the
scope of third-party tort liability under the ATS, we are
required to "look to traditional civil tort principles embodied
in federal common law, rather than to evolving standards of
international law." Doe v. Unocal Corp, 395 F.3d 932, 965 (9th Cir. 2002) (Reinhardt, J., concurring), vacated, 395 F.3d
978. Both the majority and Judge Pregerson err in looking to
the decisions of ad hoc criminal tribunals (such as the ICTY
and ICTR) and to the Rome Statute of the International Criminal
Court, rather than to established doctrines of our own tort
law.
I agree, instead, with the reasoning of Judge Hall's concurring
opinion in Khulumani v. Barclay Nat. Bank Ltd., 504
F.3d 254 (2d Cir. 2007). As Judge Hall writes, "Sosa at best
lends Delphian guidance on the question of whether the federal
common law or customary international law represents
the proper source from which to derive a standard of aiding
and abetting liability under the [ATS]." Id. at 286 (Hall, J.,
concurring). The appropriate resolution is to rely on our own
law.
Like Judge Hall, I would apply the federal common law
aiding and abetting standard of Halberstam v. Welch, 705
F.2d 472 (D.C. Cir. 1983), which relied on Restatement (Second)
of Torts § 876(b); see also Sarei v. Rio Tinto, PLC, 487
F.3d 1193, 1202 (9th Cir. 2007), vacated, 499 F.3d 923 (citing
Restatement §§ 876-77 as among "well-settled theories of
vicarious liability under federal common law").2 This standard
provides that for a defendant to incur liability, "
(1) the party whom the defendant aids must perform
a wrongful act that causes an injury;
(2) the defendant must be generally
aware of his role as part of an overall
illegal or tortious activity at the time
that he provides the assistance; [and]
(3) the defendant must knowingly and
substantially assist the principal violation."
Halberstam, 705 F.2d at 477.
Plaintiffs have adequately alleged
Rio Tinto's liability under this standard.
For this reason, I agree with the majority's
decision to reverse the district court's dismissal of
the war crimes claim.
II. Corporate Liability
For similar reasons, I would look to domestic law to determine
whether a corporation may be held liable under the ATS
for its violation of the law of nations.
I join Part II of Judge McKeown's opinion, which ably explains why
corporations cannot be immune from liability for genocide or war crimes.
I therefore concur in the majority's holding that corporations may be held
liable under the ATS.
Domestic law abides
no distinction between corporate and individual tort liability,
see, e.g., The Philadelphia, Wilmington, and Baltimore R.R. Co. v.
Quigley, 62 U.S. 202, 210 (1858), and
this rule is just as clear in the ATS context as in any other.
III. Conclusion
The ATS is a jurisdictional statute,
enabling the federal courts to hear claims for a handful of torts with
"definite content and acceptance among civilized nations." Sosa v.
Alvarez-Machain, 542 U.S. 692, 732 (2004).
The role of international law is to specify these torts.
The role of domestic law is to prescribe the means of their enforcement.
I therefore disagree with the majority to the extent that it
relies on international law in deciding the question of aiding and abetting, and
I would place a more explicit emphasis on domestic law in the
resolution of the corporate liability issue.
I concur fully, however, in the result.
NOTICE OF POPULAR & COMMON LAW ACTION ON THE CASE;
PETITION FOR QUO WARRANTO INTERVENTION OF RIGHT:
INDICTMENTS:
WAR CRIMES;
GENOCIDE;
AIDING & ABETTING MURDERERS;
HIGH CRIMES & GRAVE CRIMES OF PLUNDER, PILLAGE, & SLAVERY;
CRIMES OF HOSTIS HUMANI GENERIS; TREASON,
EYE FOR EYE AND TOOTH FOR TOOTH
Methamphetamine (USAN) (
/ˌmɛθæmˈfɛtəmiːn/), also known as methamfetamine (INN),[2] N-methylamphetamine, methylamphetamine, and desoxyephedrine, is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs.
Peyote
& Mescaline
Peyote is a
small, spineless cactus, Lophophora williamsii, whose principal
active ingredient is the hallucinogen mescaline (3, 4,
5-trimethoxyphenethylamine). From earliest recorded time, peyote has
been used by natives in northern Mexico and the southwestern United
States as a part of their religious rites.
Production,
Distribution and Prescription Data:
The DEA has observed
a dramatic increase in the production and use of both methylphenidate
and amphetamine. Each year, the DEA establishes an aggregate production
quota (APQ) for each Schedule I and II controlled substance. This quota
is based on sales and inventory data supplied by the manufacturers as
well as information supplied by the Food and Drug Administration (FDA)
regarding legitimate medical and research needs. The methylphenidate quota
has increased from 1,768 kilograms in 1990 at which time there were two
bulk manufacturers and four dosage-form manufacturers. This year, the
APQ is 14, 957 kilograms with six bulk manufacturers and 19 dosage form
manufacturers. Prior to 1991, domestic sales reported by the manufacturers
of methylphenidate remained stable at approximately 2,000 kilograms per
year. By 1999, domestic sales increased by nearly 500 percent. The amphetamine
APQ has increased from 417 kilograms in 1990 with two bulk manufacturers
and seven dosage form manufacturers. This year's amphetamine APQ is 9,007
kilograms with six bulk manufacturers and 19 dosage form manufacturers.
This is more than a 2,000 percent increase for amphetamine in nine years
(See Figure 1).
§ 1996a. Traditional Indian religious use of peyote
3502. "Highest and Best Use" Explained
You must determine fair market value based on the property's
highest and best use. The highest and best use is the most profitable
legally permissible use for which the property is physically,
geographically, and economically adaptable.
Do not consider any personal value of the property to [name of property owner] or [his/her/its] need for the property. Also, do not consider the particular need of [name of condemnor] for the property.
The Treaty of Nanjing
On the 29th August, 1842 the British and Qing negotiators signed the Treaty of Nanjing
which, with the two supplementary treaties,
included the following major clauses: (1) Hong Kong Island to be ceded
to Britain in perpetuity; (2) China to pay an indemnity of
21 million silver dollars to pay for the confiscated opium and the cost
of the war, (3) five ports to be opened to foreign trade; (4) a
tariff agreement entailing China's loss of tariff autonomy; (5) right of
extraterritoriality (loss of Chinese jurisdiction over foreigners
in China); and (6) Britain to enjoy most favoured-nation status.
The British were, of course, aware that these conditions exacted from
the Chinese at gunpoint, had impaired Chinese sovereignty
to a considerable extent. The question is, however, whether the
significance of this event was apparent to the Chinese at the time.
Recent research has shown that the first treaty arrangement was still
largely perceived as part of traditional Chinese tributary
diplomacy. In any case, the violent conflict with the West was confined
to the maritime periphery, and the resulting treaty did not
immediately undermine the notion of Chinese cultural superiority.
Nevertheless it is now clear that the Opium War initiated a process of
fundamental change in China's foreign relations, with further acts of
foreign aggression and the imposition of subsequent 'unequal treaties'
accelerating the process of dynastic decline which eventually led to the
collapse of the Qing Empire in 1911.
Conclusion
In the twentieth century, the Chinese have embarked on a long and
arduous struggle to expunge the humiliations which they suffered
during and since the Opium War. When Hong Kong ceases to be a colony,
the last reminder of that unpleasant encounter with Britain
will have been eliminated. Foreign industrialists may continue to dream
of the supposedly unlimited China market, but the Chinese state
is once again in firm control of relations with the outside world. The
Chinese are determined to keep the 'open door' sufficiently ajar to
import vital technologies, while keeping all unwanted alien influences
out. This is, of course, merely a return to entrenched ethnocentric
tendencies of pre-Opium War days.
WASHINGTON (AP) - "U.S. Treasury Secretary Timothy Geithner is ultimately responsible"
- Neil Barofsky, Special Inspector General of the TARP to the House
Committee on Oversight and Government Reform.
Geithner lead Fed efforts starting fall 2008 to prop up AIG with billions in emergency financing.
After becoming Treasury secretary, his department and the Fed continued
unveiling new aid packages for AIG.
During the early days of the financial crisis, after the panic
that followed the single largest one-day drop in the Dow Jones Industrial Average
(when the Congress had voted against the TARP bailout...
-- and which blackmailed the Congress to vote again and provide the TARP bailout of AIG.)
(AIG monopolized the SUPERFUND insurance business of protecting the environment and the public trust
with the help of its exclusive sales agent(EPA)and their marketing experts(DOJ & NRDC.))
AIG IS THE INSURER & FIDUCIARY FOR THE "IRON MOUNTAIN MINE
BILLION DOLLAR SETTLEMENT" PLUS TRUSTEE & CONTRACTOR FOR THE
REMEDIAL ACTION "CLEANUP" OF IRON MOUNTAIN MINES. THE FEDERAL GOVERNMENT
OWNS 90% OF AIG AND THE EPA IS OVERSIGHT AGENCY. SMELL ANYTHING?
EPA ADDS VAPOR INTRUSION TO SUPERFUND LIST OF RESPONSE ACTIONS.
GOT AAA CREDIT RATING?
Overview
American International Group was the largest insurance company in the
United States before it suddenly collapsed in September 2008 under the
weight of bad bets it made insuring mortgage-backed securities. The
company was bailed out by the Federal Reserve Bank of New York,
but even after an initial infusion of $85 billion, losses continued to
grow. The later rescue packages brought the total to $182 billion,
making it the biggest federal bailout in United States history.
Much of A.I.G. — an assortment of businesses that run the gamut from
aircraft leasing to life insurance for Indians to retirement plans for
elementary-school teachers — remained profitable. But that could not
offset losses, primarily from one London-based unit, that reached $25
billion for the third quarter of 2008. Given A.I.G.’s size and the
complexity of its deals, federal officials decided that a bailout was
preferable to the havoc in international markets that would likely
follow bankruptcy.
The losses continued into mid-2009, as the bailout swelled to $182
billion. But by the spring of 2010, the company had reclaimed its old
title — top seller of fixed annuities. The company repaid $51 billion of
the government’s money and in the fall of 2010 it announced that it had
reached an agreement in principle to repay the Federal Reserve for the
company’s 2008 rescue, and to gradually return the ownership of its
stock to the public markets. Under the plan, the Treasury Department
temporarily owned 92.1 percent of A.I.G. before it began to sell its
shares.
New Questions About the Bailout
In late October 2011, an investigation by the Government Accountability Office raised new questions about the Federal Reserve’s handling of the 2008 bailout of A.I.G.
The report said that New York Fed officials
offered inconsistent explanations for their decision to pay other
financial companies the full amounts they were owed by A.I.G., and that
some of the explanations were contradicted by other evidence. The report
also asserted that the decision to pay the full amounts, rather than
seeking concessions as the government later did in other cases,
disregarded the expectations of senior Fed officials in Washington and
the expressed willingness of some of the companies to accept smaller
payments.
The conclusion echoed the findings of previous
federal investigations. The rescue mission succeeded, but efforts to
minimize the costs and risks borne by taxpayers were insufficient. The
new report also raised concerns about the explanations subsequently
offered by New York Fed officials.
For example, the G.A.O. said that officials at first told its
investigators that they had initiated discussions about possible
concessions with most of the 16 companies that stood on the other side
of insurance-like contracts, called credit-default swaps, with A.I.G.
Then, according to the report, the officials said they had contacted
eight companies before abandoning the effort. Even then, the report
said, only four of those companies confirmed that they had been
contacted by the Fed.
The New York Fed declined to comment on the specific account of the negotiations.
Once a Booming Company
A.I.G.’s complicated structure and aggressive approach reflected the
determination of the man who built A.I.G., Maurice R. Greenberg, to
create a global empire operating in complementary businesses. Not even
the company’s annual reports to shareholders or its regulatory filings
offered a chart of its complex corporate structure.
Though its name is American, the company is rooted in Asia. According
to company lore, its founder, Cornelius Vander Starr, a World War I
veteran, traveled to Asia with only 300 Japanese yen (less than $3
today) in his pocket and started the firm in Shanghai in 1919. With a
partner, he sold marine and fire insurance and expanded rapidly
throughout the Philippines, Indonesia and China by hiring locals as
agents and managers, a business strategy A.I.G. uses today. Nearly half
of A.I.G.’s 116,000 direct employees — about 62,000 people — are in
Asia.
Mr. Greenberg, who joined A.I.G. in 1960, focused on making giant
commercial deals, increasing the company’s share of the life insurance
business and writing what were, decades ago, unusual types of coverage,
like insurance against kidnapping and protection from suits against a
company’s officers and directors.
The company’s distress followed an unusual period of turmoil. Early
in 2005, questions arose about financial transactions that had the
effect of making the company’s earnings look better. Mr. Greenberg
resigned as chief executive after regulators sent a wave of subpoenas to
A.I.G.; eventually it restated earnings covering a five-year period.
In July 2010, the company agreed to pay $725 million to three Ohio
pension funds to settle six-year-old claims of accounting fraud, stock
manipulation and bid-rigging. Taken together with earlier settlements,
A.I.G. will ladle out more than $1 billion to Ohio investors, money that
will go to firefighters, teachers, librarians and other pensioners. The
company said it would raise $550 million of the sum through a new
public offering, to avoid drawing on taxpayer funds.
Exposure Connected to Home Loans
A.I.G.’s problems rested in its London-based financial products unit,
part of its financial services group, which was exposed to securities
tied to the value of home loans.
The financial products group sold credit-default swaps, complex
financial contracts allowing buyers to insure securities backed by
mortgages. As home values fell, the value of the underlying mortgages
declined, and A.I.G. had to reduce the value of the securities on its
books.
More importantly, the swaps contracts gave A.I.G.’s counterparties
the right to demand that it post increasing amounts of collateral as the
value of a security sunk. It was these demands for billions in
collateral at a time the credit markets were freezing up that brought
the company to the brink.
In September 2008, after A.I.G. failed to get a bank loan to avoid
bankruptcy, the Federal Reserve agreed to an $85 billion bailout of the
insurance giant. The decision marked the most radical intervention in
private business in the central bank’s history. The total cost of the
taxpayer bailout has since ballooned to $182 billion.
In August 2011, A.I.G. said that it had finished an “active
wind-down” of its financial products division, the unit whose
derivatives contracts tied to subprime mortgages — a portfolio with a
notional value of more than $1.6 trillion at one point. The company said
that the notional value of the financial products’ portfolio had fallen
42 percent to $198.4 billion, as the company closed out most of the
remaining troublesome mortgage derivatives contracts.
Big Bonus Payments and a Change at the Top
A.I.G. became the target of widespread outrage after it was revealed
on March 15, 2009, that it had paid $165 million in bonuses two days
before, including some to members of the trading unit that had caused
its collapse. President Obama ordered the Treasury to see if the
payments could be blocked or recovered.
On March 18, at a highly charged Congressional hearing, Edward M.
Liddy, A.I.G.’s chairman and chief executive at the time, said he had
asked employees making more than $100,000 a year who had shared in the
bonus payout to give half the money back, reflecting the public and
political disgust at the idea of rewarding the same people who had
helped drive the company and the economy into distress. Mr. Liddy said
that some had already volunteered to give it all back but resisted
releasing the names, saying some employees had received death threats.
On March 19, spurred on by a tidal wave of public anger, the House of
Representatives voted 328 to 93 to get back most of the money by
levying a 90 percent tax on bonuses paid by any company accepting more
than $5 billion in bailout funds. But almost all the A.I.G. bonuses were
returned, leaving little left to tax.
In early 2010, A.I.G. agreed to cut employee bonuses by $20 million
and would distribute about $100 million. But the reductions may not be
enough to appease the company’s critics, who do not accept its argument
that it has to honor contracts established before its government
bailout. A.I.G. first promised the retention bonuses to keep people
working at its financial products unit, which traded in the derivatives
that imploded in September 2008, leading to the biggest government
bailout in history.
Mr. Liddy was installed by the Federal Reserve when it rescued A.I.G.
in September 2008 at a salary of $1 a year. In August 2009, after 10
grueling months on a job he had taken as a form of public service, he
announced his resignation, saying the job was too big and too complex as
currently designed. Robert H. Benmosche, a former head of MetLife,
succeeded Mr. Liddy that month.
Congressional Oversight Report
In June 2010, the Congressional Oversight Panel, a body charged with
reviewing the state of financial markets and the regulators that monitor
them, published a 337-page report
on the A.I.G. bailout. It concluded that the Federal Reserve Bank of
New York did not give enough consideration to alternatives before
sinking more and more taxpayer money into A.I.G. “It is hard to escape
the conclusion that F.R.B.N.Y. was just ‘going through the motions,’ ”
the report said.
One of the regulators’ most controversial decisions was awarding the
banks that were A.I.G.’s trading partners 100 cents on the dollar to
unwind debt insurance they had bought from the firm. Critics have
questioned why the government did not try to wring more concessions from
the banks, which would have saved taxpayers billions of dollars.
Timothy Geithner, who became the Treasury secretary, repeatedly said
that as steward of the New York Fed, he had no choice but to pay
A.I.G.’s trading partners in full.
But two entirely different solutions to A.I.G.’s problems were
presented to Fed officials by three of its outside advisers, according
to the documents. Under those plans, the banks would have had to accept
what the advisers described as “deep concessions” of as much as about 10
percent on their contracts or they might have had to return about $30
billion that A.I.G. had paid them before the bailout. Had either of
these plans been implemented, A.I.G. may have been left in a far better
financial position than it is today, with taxpayers at less risk and
banks forced to swallow bigger losses.
Even if the waiver was warranted, experts say it unfairly handcuffed
A.I.G. and has undermined the financial interests of taxpayers. If, for
example, the banks misled the A.I.G. about the mortgage securities it
insured, taxpayer money could be recouped from the banks through
lawsuits.
Relationship with Goldman
After making too many risky, outsize financial bets and paying billions of dollars in claims
to Goldman and other banks, A.I.G. has few options in getting money
back from Goldman, which many at A.I.G. contend misled the company into
insuring flawed mortgage deals. But as part of the bailout deal in the
fall of 2008, the insurer was required to forfeit its right to sue
several banks — including Goldman, Société Générale, Deutsche Bank and Merrill Lynch — over any irregularities with most of the mortgage securities it insured in the pre-crisis years.
The A.I.G. waiver and other material were released in May by the House Committee on Oversight and Government Reform amid 250,000 pages of largely undisclosed documents.
The documents indicate that regulators ignored recommendations from
their own advisers to force the banks to accept losses on their A.I.G.
deals and instead paid the banks in full for the contracts. That
decision, say critics of the A.I.G. bailout, has cost taxpayers billions
of extra dollars in payments to the banks. It also contrasts with the
hard line the White House took in 2008 when it forced Chrysler‘s lenders to take losses when the government bailed out the auto giant.
As a Congressional commission convened hearings on June 30, 2010,
exploring the A.I.G. bailout and Goldman’s relationship with the
insurer, the release of 500 pages of documents by the Financial Crisis Inquiry Commission
show how Goldman’s aggressive and repeated demands for billions in cash
from A.I.G. drove the insurer to the brink of failure in September
2008.
For more than a year before the government bailed out A.I.G., Goldman
demanded cash from the insurer, based on Goldman’s lower valuations of
mortgage securities. A.I.G. battled Goldman in an epic dispute but
ultimately surrendered and sent much of the requested money.
Joseph J. Cassano, the former chief executive of the unit that
insured the mortgage securities, told the inquiry commission on June 30
that he had fought back against demands for cash from banks like Goldman
until his retirement from A.I.G. in March 2008.
When Mr. Cassano left, A.I.G. had put up $3 billion to shore up
deterioration in mortgage securities; six months later, A.I.G. had
transferred $7 billion to Goldman.
The market for mortgage securities was declining during this period,
but the commission documents indicate that Goldman’s demands were far
more aggressive than that of other banks.
A New Direction
The insurance giant ended up owing the Fed about $46 billion in two
forms: about $20 billion in borrowings under the original revolving
credit facility, and a $26 billion preferred stake that the company must
redeem. A.I.G. said it would repay those amounts by the end of March
2011.
The company said it would use its own resources to pay back the $20
billion in loans, including the proceeds it expects to receive from the
sale of a big overseas life insurance unit to MetLife.
That sale, announced in March, should yield $6.8 billion in cash and
$8.7 billion in MetLife stock, and close by the end of the year.
Still more money to repay the Fed is expected to come from an initial
public offering of a second big foreign life insurance business on the
Hong Kong exchange. The offering was delayed for several months while
A.I.G. tried unsuccessfully to sell the unit to a British company, but
A.I.G. now says the Hong Kong offering is back on. It did not provide a
time frame.
In addition, the Treasury has agreed to help the Fed sever its ties
with A.I.G., by providing the means for the company to redeem most of
the Fed’s $26 billion in preferred interests. That money will come from
the unused portion of an emergency assistance package that the Treasury
made available to A.I.G. as its troubles reached a peak in early 2009.
A.I.G. said it would use $22 billion of that money to redeem an equal
amount of the Fed’s preferred stake, then immediately transfer the
stake to the Treasury. The company said it would redeem the remaining $4
billion with the “proceeds from future asset monetizations,” including
sales of two smaller Japanese insurance units.
Taking all of those steps will end the Fed’s role as a lender to
A.I.G. and an investor in the company, a role that has never fit in well
with the Fed’s duties as a central bank. The Treasury will come out of
the transaction with a larger preferred stake in A.I.G., but expects the
company to keep taking steps to pay it down, according to the new
agreement in principle.
Once the Fed has been fully repaid, the agreement calls for A.I.G. to
exchange all of the Treasury’s preferred shares for 1.65 billion shares
of common stock. To offset the dilution of A.I.G.’s current common
shareholders, the company said it would issue up to 75 million warrants,
which would allow those non-government shareholders to buy more common
stock in the future, for $45 a share.
When the exchange from preferred to common has been done, the
Treasury began to sell its common shares on the public markets,
something it is expected to do gradually over time.
Maurice R. Greenberg, the former chief executive of the American International Group,
sued the United States Treasury and the Federal Reserve Bank of New York
on Monday, Nov. 21, 2011, contending that their takeover of the insurer in the fall of
2008 was improper and that the Fed breached its duty to A.I.G.
shareholders when it unwound the company’s disastrous bets on mortgage securities.
(2004 - number of DEA and FBI agents)
"The DEA employed about 4,400 officers with the authority to make
arrests and carry firearms as of September 2004. These DEA agents
primarily investigate major narcotics violators, enforce regulations
governing the manufacture and dispensing of controlled substances, and
perform various other functions to prevent and control drug trafficking.
"The FBI employed 12,242 full-time personnel with arrest and firearm
authority. These agents investigate more than 200 types of federal
crimes. The FBI has concurrent jurisdiction with the DEA over drug
offenses under the Controlled Substances Act."
(2003 - sheriff's offices with drug enforcement units)
"Nine in 10 sheriffs' offices regularly performed drug enforcement
functions (table 29). Sheriffs' offices with drug enforcement
responsibilities employed 90% of all local police officers.
Thirty-six percent of sheriffs’ offices operated a special unit for
drug enforcement with one or more officers assigned full-time (table
30). A majority of sheriffs' offices serving a population of 250,000 or
more residents had a fulltime drug enforcement unit. There were an
estimated 4,031 officers assigned full time to drug enforcement units
nationwide. The average number of officers assigned ranged from 27 in
jurisdictions with 1 million or more residents to 2 in those with fewer
than 50,000 residents."
(2003 - sheriffs' officers assigned to drug task forces)
"In 2003 an estimated 47% of sheriffs' offices had one or more officers
assigned full time to a multi-agency drug enforcement task force (table
31), including 89% of sheriffs' offices serving 1 million or more
residents. About 71% of all officers worked for a department that
assigned officers to a drug task force.
"Nationwide, an estimated 3,477 officers were assigned full time to a
drug task force. The average number assigned full time ranged from 9 in
sheriffs' offices serving a population of 1 million or more to 1 in
those serving fewer than 10,000 residents."
(2006 - prescription drug diversion and fraud)
"According to law enforcement reporting, some individuals and criminal
groups divert CPDs [controlled prescription drugs] through
doctor-shopping and use insurance fraud to fund their schemes. In fact,
Aetna, Inc. reports that nearly half of its 1,065 member fraud cases in
2006 (the latest year for which data are available) involved
prescription benefits, and most were related to doctor-shopping,
according to the Coalition Against Insurance Fraud (CAIF). CAIF further
reports that diversion of CPDs collectively costs insurance companies up
to $72.5 billion annually, nearly two-thirds of which is paid by public
insurers. Individual insurance plans lose an estimated $9 million to
$850 million annually, depending on each plan’s size; much of that cost
is passed on to consumers through higher annual premiums."
Crime - Law and Policy
The Controlled Substances Act of 1970:
"(a) Establishment There are established five schedules of controlled
substances, to be known as schedules I, II, III, IV, and V ...."
"(b).... The findings required for each of the schedules are as follows:
"(1) Schedule I. - (A) The drug or other substance has a high
potential for abuse. (B) The drug or other substance has no currently
accepted medical use in treatment in the United States. (C) There is a
lack of accepted safety for use of the drug or other substance under
medical supervision.
"(2) Schedule II. - (A) The drug or other substance has a high
potential for abuse. (B) The drug or other substance has a currently
accepted medical use in treatment in the United States or a currently
accepted medical use with severe restrictions. (C) Abuse of the drug or
other substances may lead to severe psychological or physical
dependence.
"(3) Schedule III. - (A) The drug or other substance has a potential
for abuse less than the drugs or other substances in schedules I and II.
(B) The drug or other substance has a currently accepted medical use in
treatment in the United States. (C) Abuse of the drug or other
substance may lead to moderate or low physical dependence or high
psychologicaldependence.
"(4) Schedule IV. - (A) The drug or other substance has a low
potential for abuse relative to the drugs or other substances in
schedule III. (B) The drug or other substance has a currently accepted
medical use in treatment in the United States. (C) Abuse of the drug or
other substance may lead to limited physical dependence or psychological
dependence relative to the drugs or other substances in schedule III.
"(5) Schedule V. - (A) The drug or other substance has a low
potential for abuse relative to the drugs or other substances in
schedule IV. (B) The drug or other substance has a currently accepted
medical use in treatment in the United States. (C) Abuse of the drug or
other substance may lead to limited physical dependence or psychological
dependence relative to the drugs or other substances in schedule IV."
Source:
U.S. Code. Title 21, Chapter 13 -- Drug Abuse Prevention and Control -- Section 812, Schedules of Controlled Substances, p. 384.
http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc21.wais&start=2717826&SIZE=24600&TYPE=PDF
http://mapinc.org/url/1NCZaa7Q
"Initial
schedules of controlled substances Schedules I, II, III, IV, and V
shall, unless and until amended (FOOTNOTE 1) pursuant to section 811 of
this title, consist of the following drugs or other substances:"
SCHEDULE I
(b): (10) Heroin
(c): (2) 5-methoxy-3,4-methylenedioxy amphetamine [MDMA]. (8) Ibogaine.
(9) Lysergic acid diethylamide [LSD] . (10) Marihuana [marijuana,
cannabis]. (11) Mescaline. (12) Peyote. (15) Psilocybin. (16) Psilocyn.
(17) Tetrahydrocannabinols.
Sec. 3: Gamma hydroxybutyric acid (GHB)
SCHEDULE II
(a): (1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate. (3) Opium poppy and poppy straw. (4)
coca (FOOTNOTE 3) leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their
salts have been removed; cocaine, its salts, optical and geometric
isomers, and salts of isomers ...
(b:): (6) Fentanyl. (4) Dihydrocodeine. (11) Methadone.
SCHEDULE III
(a): (1) Amphetamine
(e): Anabolic steroids
SCHEDULE IV
(1) Barbital. (7) Meprobamate [Milltown].
SCHEDULE V
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
Sec. 844. Penalties for simple possession [of Controlled Substances in the United States]
STATUTE
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to
possess a controlled substance unless such substance was obtained
directly, or pursuant to a valid prescription or order, from a
practitioner, while cting in the course of his professional practice, or
except as otherwise authorized by this subchapter or subchapter II of
this chapter."
"Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year ....."
"if he commits such offense after a prior conviction under this
subchapter or subchapter II of this chapter, or a prior conviction for
any drug, narcotic, or chemical offense chargeable under the law of any
State, has become final, he shall be sentenced to a term of imprisonment
for not less than 15 days but not more than 2 years, and shall be fined
a minimum of $2,500 ...."
"if he commits such offense after two or more prior convictions under
this subchapter or subchapter II of this chapter, or two or more prior
convictions for any drug, narcotic, or chemical offense chargeable under
the law of any State, or a combination of two or more such offenses
have become final, he shall be sentenced to a term of imprisonment for
not less than 90 days but not more than 3 years, and shall be fined a
minimum of $5,000."
Source:
U.S.
Code. Title 21, Chapter 13 -- Drug Abuse Prevention and Control --
Section 844, Penalties for Simple Possession, pp. 416-417.
http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc21.wais&start=2939781&SIZE=9863&TYPE=PDF
http://mapinc.org/url/0npxgLDk
Sec. 844. Penalties for simple possession [of Controlled Substances - also called the Crack/Powder Cocaine Disparity]
STATUTE
(a) Unlawful acts; penalties
".... Notwithstanding the preceding sentence, a person convicted under
this subsection for the possession of a mixture or substance which
contains cocaine base shall be imprisoned not less than 5 years and not
more than 20 years, and fined a minimum of $1,000, if the conviction is a
first conviction under this subsection and the amount of the mixture or
substance exceeds 5 grams, if the conviction is after a prior
conviction for the possession of such a mixture or substance under this
subsection becomes final and the amount of the mixture or substance
exceeds 3 grams, or if the conviction is after 2 or more prior
convictions for the possession of such a mixture or substance under this
subsection become final and the amount of the mixture or substance
exceeds 1 gram."
UPDATE: On August 3, 2010, President Obama signed the Fair
Sentencing Act of 2010. Per the Sentencing Project, "the minimum
quantity of crack cocaine that triggers a 5-year mandatory minimum from 5
grams to 28 grams, and from 50 grams to 280 grams to trigger a 10-year
mandatory minimum sentence. The amount of powder cocaine required to
trigger the 5 and 10-year mandatory minimums remains the same, at 500
grams and 5 kilograms, respectively. The legislation also eliminates the
mandatory minimum for simple possession of crack cocaine. The quantity
disparity between crack and powder cocaine has moved from 100 to 1 to 18
to 1."
"The 5-part test for fulfilling the accepted medical use criteria of Schedule II is now comprised of the following:
• the drug’s chemistry must be known and reproducible;
• there must be adequate safety studies;
• there must be adequate and well-controlled studies proving efficacy;
• the drug must be accepted by qualified experts; and
• the scientific evidence must be widely available.
A drug must meet all 5 criteria to be considered for rescheduling by the DEA."
(origin of the CSA)
"With increasing use of marijuana and other street drugs during the
1960s, notably by college and high school students, federal drug-control
laws came under scrutiny. In July 1969, President Nixon asked Congress
to enact legislation to combat rising levels of drug use. Hearings were
held, different proposals were considered, and House and Senate
conferees filed a conference report in October 1970. The report was
quickly adopted by voice vote in both chambers and was signed into law
as the Comprehensive Drug Abuse Prevention and Control Act of 1970. ...
Included in the new law was the Controlled Substances Act."
(placement of drugs in the CSA)
"As this paper demonstrates, the pharmacological effect of a drug does
not necessarily determine how a drug will be governed. Rather, it is the
way a drug is framed that determines how the drug will be popularly
understood and ultimately regulated. According to the Regulatory Regime /
Norms model, the meaning of any drug (how it is perceived or
understood) is initially ambiguous and indeterminate. As a result, the
project of getting a drug into a particular regulatory regime is about
allocating specific meaning and significance to the drug in order to
prompt individuals to think and feel about the drug in a way that allows
for regime placement. This is accomplished by framing a drug to match
the norms of a particular regime. Thus, the critical work at the level
of regulation is in the framing."
"Once a group has persuasively framed a drug in a way that resonates
with the norms of its regime of choice, then the drug may be placed in
that regime, regardless of whether the designation decision is supported
by scientific or medical evidence. As we have seen with cocaine,
marijuana and anabolic steroids, however, if a drug in the criminal
regulatory regime is closely associated with socially maligned groups or
racial minorities, then it is substantially more difficult for the drug
to eventually migrate out of the regime."
(crime - law & policy - temporary scheduling)
"Because policymakers were concerned about the effects of
pharmaceutically created and other modified drugs, Congress gave the
Attorney General the authority to temporarily place a substance onto
Schedule I of the CSA to “avoid imminent hazards to public safety.”13
When determining whether there is an imminent hazard, the Attorney
General (through the DEA) must consider the drug’s history and current
pattern of abuse; scope, duration, and significance of abuse; and risk
to public health. Once scheduled through this temporary scheduling
process, a substance may remain on Schedule I for one year. The Attorney
General then has the authority to keep the substance on Schedule I for
an additional six months before it must be removed or permanently
scheduled."
Source:
Sacco,
Lisa N. and Finklea, Kristin M., "Synthetic Drugs: Overview and Issues
for Congress, Congressional Research Service (Washington, DC: Library of
Congress, October 28, 2011), p. 3.
http://www.fas.org/sgp/crs/misc/R42066.pdf
Crime - Research
(effects of decriminalization) "Generalizing from the
findings on Prohibition, we can hypothesize that decriminalization would
increase the use of the previously criminalized drug, but would
decrease violence associated with attempts to control illicit markets
and as resolutions to disputes between buyers and sellers. Moreover,
because the perception of violence associated with the drug market can
lead people who are not directly involved to be prepared for violent
self-defense, there could be additional reductions in peripheral
settings when disputes arise (see Blumstein & Cork, 1997; Sheley
& Wright, 1996)."
Source:
Jensen,
Gary F., "Prohibition, Alcohol, and Murder: Untangling Countervailing
Mechanisms," Homicide Studies, Vol. 4, No. 1 (Sage Publications:
Thousand Oaks, CA, February 2000), pp. 33-4.
http://www.ncjrs.gov/App/publications/Abstract.aspx?id=180958
(prohibition, alcohol consumption, and homicide)
"The data are quite consistent with the view that Prohibition at the
state level inhibited alcohol consumption, and an attempt to explain
correlated residuals by including omitted variables revealed that
enforcement of Prohibitionist legislation had a significant inhibiting
effect as well. Moreover, both hypotheses about the effects of alcohol
and Prohibition are supported by the analysis. Despite the fact that
alcohol consumption is a positive correlate of homicide (as expected),
Prohibition and its enforcement increased the homicide rate."
Source:
Jensen,
Gary F., "Prohibition, Alcohol, and Murder: Untangling Countervailing
Mechanisms," Homicide Studies, Vol. 4, No. 1 (Sage Publications:
Thousand Oaks, CA, February 2000), p. 31.
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=170654
(alcohol and violent crime)
"Contrary to conventional wisdom and popular myth, alcohol is more
tightly linked with more violent crimes than crack, cocaine, heroin or
any other illegal drug. In state prisons, 21 percent of inmates in
prison for violent crimes were under the influence of alcohol--and no
other substance--when they committed their crime; in contrast, at the
time of their crimes, only three percent of violent offenders were under
the influence of cocaine or crack alone, only one percent under the
influence of heroin alone."
(effect of police crackdowns) The Canadian Medical Association Journal
published research on the impact of a police crackdown on a public
illicit drug market in the Downtown Eastside (DTES) section of
Vancouver, British Columbia, Canada. The researchers found that:
"Our results probably explain reports of increased injection drug
use, drug-related crime and other public-order concerns in
neighbourhoods where activities related to illicit drug use and the sex
trade emerged or intensified in the wake of the crackdown. Such
displacement has profound public-health implications if it "normalizes"
injection drug use among previously unexposed at-risk youth.
Furthermore, since difficulty in obtaining syringes has been shown to be
a significant factor in promoting syringe sharing among IDUs in
Vancouver, displacement away from sources of sterile syringes may
increase the rates of bloodborne diseases. Escalated police presence may
also explain the observed reduction in willingness to use a safer
injection facility.33 It is unlikely that the lack of benefit
of the crackdown was due to insufficient police resources. Larger
crackdowns in the United States, which often involved helicopters to
supplement foot and car patrols, have not had measurable benefits and
have instead been associated with substantial health and social harms."
Source:
Wood,
Evan, Patricia M. Spittal, Will Small, Thomas Kerr, Kathy Li, Robert S.
Hogg, Mark W. Tyndall, Julio S.G. Montaner, Martin T. Schechter,
"Displacement of Canada's Largest Public Illicit Drug Market In Response
To A Police Crackdown," Canadian Medical Association Journal, May 11,
2004: 170(10), pp. 1554-1555.
http://www.ecmaj.ca/cgi/reprint/170/10/1551
(effect of police crackdowns) The Canadian Medical Association Journal
published research on the impact of a police crackdown on a public
illicit drug market in the Downtown Eastside (DTES) section of
Vancouver, British Columbia, Canada. The researchers found that:
"We detected no reduction in druguse frequency or drug price in
response to a large-scale police crackdown on drug users in Vancouver's
DTES. The evidence that drugs became more difficult to obtain was
consistent with reports of displacement of drug dealers and was
supported by the significantly higher rates of reporting that police
presence had affected where drugs were used, including changes in
neighbourhood and increases in use in public places. These observations
were validated by examination of needle-exchange statistics.
"Our findings are consistent with those showing that demand for
illicit drugs enables the illicit drug market to adapt to and overcome
enforcement-related constraints. Although evidence suggested that police
presence made it more difficult to obtain drugs, this appeared to be
explained by displacement of drug dealers."
Source:
Wood,
Evan, Patricia M. Spittal, Will Small, Thomas Kerr, Kathy Li, Robert S.
Hogg, Mark W. Tyndall, Julio S.G. Montaner, Martin T. Schechter,
"Displacement of Canada's Largest Public Illicit Drug Market In Response
To A Police Crackdown," Canadian Medical Association Journal, May 11,
2004: 170(10), p. 1554.
http://www.cmaj.ca/cgi/content/full/170/10/1551
(disproportional minority drug arrests)
"Police departments deploy most patrol and narcotics police to certain
neighborhoods, usually designated "high crime." These are
disproportionately low-income, and disproportionately African American
and Latino. It is in these neighborhoods where the police make most
patrols, and where they stop and search the most vehicles and
individuals, looking for "contraband" of any type in order to make an
arrest. The item that people in any neighborhood are most likely to
possess, which can get them arrested, is a small amount of marijuana. In
short, the arrests are ethnically- and racially-biased mainly because
the police are systematically "fishing" for arrests in only some
neighborhoods, and methodically searching only some "fish."6 This produces what has been termed "racism without racists."
(policing of cannabis in the UK)
South Bank University's Criminal Policy Research Unit conducted a
detailed study of the policing of cannabis in England. The study found
that:
"One in seven of all known offenders in England and Wales were arrested for the possession of cannabis.
"There has been a tenfold increase in the number of possession
offences since the mid-1970s. There is no evidence that this increase
has been an intended consequence of specific policy.
"Possession offences most often come to light as a by-product of other investigations.
"A minority of patrol officers ‘specialise’ in cannabis offences: 3
per cent of officers who had made any arrests for possession accounted
for 20 per cent of all arrests.
"Arrests for possession very rarely lead to the discovery of serious crimes.
"Officers often turn a blind eye to possession offences, or give informal warnings.
"Of the 69,000 offenders who were cautioned or convicted in 1999, just over half (58 per cent) were cautioned.
"The financial costs of policing cannabis amount to at least £50
million a year (including sentencing costs), and absorb the equivalent
of 500 full-time police officers.
"The researchers conclude that:
"- re-classification of cannabis to a Class C drug will yield some
financial savings, allowing patrol officers to respond more effectively
to other calls on their time;
"- the main benefits of reclassification would be non-financial, in
removing a source of friction between the police and young people;
"- there would be a very small decline in detection of serious offences,
but this should readily be offset by the savings in police time."
(drug dealing and employment)
The average "dealer" holds a low-wage job and sells part-time to obtain
drugs for his or her own use. "Earnings for drug selling were
positively correlated (though weakly) with legitimate earnings. Drug
selling seemed to be a complement to, rather than a substitute for,
legitimate employment."
Crime
(1980-2010 - Total, marijuana and drug arrests by year)
Although the intent of a 'War on Drugs' may have been to target drug
smugglers and 'King Pins,' over half (52.1%) of the 1,638,846 total 2010
arrests for drug abuse violations were for marijuana -- a calculated
total of 853,839. Of those, an estimated 750,591 people (45.8%) were
arrested for marijuana possession alone. By contrast in 2000, a total of
734,497 Americans were arrested for marijuana offenses, of which
646,042 (40.9%) were for possession alone. From 1996-2010, there were
10.1 million arrests for marijuana possession and 1.4 million arrests
for the sales and trafficking of marijuana, equaling a total of 11.5
million marijuana arrests during that fifteen year time frame.
(1995-2010 - marijuana arrests percent share of total drug arrests by year)
The following table references the drug and marijuana arrests columns
in the "US Arrests" table. It pairs "Total Marijuana Arrests,"
"Marijuana Trafficking/Sale Arrests," and "Marijuana Possession Arrests"
against "Total Drug Arrests" to arrive at the percentage each has of
the total for the respective years. This table shows the growing
dominance of marijuana arrests among total drug arrests in the U.S.,
rising from a percentage of 39.9% of total drug arrests in 1995 to 52.1%
of such arrests in 2010. Further, while arrests for sales and
trafficking have wavered a few percentage points around 5-6% of total
drug arrests, the numbers driving marijuana's increased dominance of
drug arrests are those for simple possession, jumping from 34.1% in 1995
to 45.8% in 2010. Arrests for marijuana possession have risen from
about a third to about a half of all drug abuse violation arrests over
the fifteen year 1995-2010 period.
(1996-2010 - drug and marijuana arrests percent change over prior year)
The following table references the total, drug and marijuana arrests
columns in the "US Arrests" table. It shows the percentage change over
the prior year for "Total Arrests," "Total Drug Arrests," "Total
Marijuana Arrests," "Marijuana Trafficking & Sale Arrests," and
"Marijuana Possession Arrests." Total Arrests in the United States have
ranged between 13.1 million and 15.3 million over the fifteen year
period (1996-2010), with the annual percent change for that time span
averaging -0.9%. Drug arrests have ranged between a low of 1.4 million
in 1996 and a high of 1.9 million in 2006, with an average percent
change over the fifteen year period of +0.8%.
The percentage change values for marijuana arrests confirm their
upward trend. Total marijuana arrests in 2010 (853,839) were +45% higher
than those in 1995 (588,964). The year that the percentage growth in
marijuana arrests peaked - 2003 - began a five-year upward trend largely
driven by arrests for marijuana possession. For simple possession, the
average annual percent change covering 1996-2010 equaled +2.8%; in
contrast, that value for trafficking and sales was +1.4%.
(corruption - police)
"...several studies and investigations of drug-related police
corruption found on-duty police officers engaged in serious criminal
activities, such as (1) conducting unconstitutional searches and
seizures; (2) stealing money and/or drugs from drug dealers; (3) selling
stolen drugs; (4) protecting drug operations; (5) providing false
testimony; and (6) submitting false crime reports."
(corruption - police)
"In addition to protecting criminals or ignoring their activities,
officers involved in drug-related corruption were more likely to be
actively involved in the commission of a variety of crimes, including
stealing drugs and/or money from drug dealers, selling drugs, and lying
under oath about illegal searches. Although profit was found to be a
motive common to traditional and drug-related police corruption, New
York City’s Mollen Commission identified power and vigilante justice as
two additional motives for drug-related police corruption. The most
commonly identified pattern of drug-related police corruption involved
small groups of officers who protected and assisted each other in
criminal activities, rather than the traditional patterns of
non-drug-related police corruption that involved just a few isolated
individuals or systemic corruption pervading an entire police department
or precinct."
(corruption - police)
The United Nations Drug Control Program noted the inevitable risk of
drug-related police corruption in 1998, when it reported that "wherever
there is a well-organized, illicit drug industry, there is also the
danger of police corruption."
(corruption - flow of laundered money)
In its 2007 U.S. Money Laundering Threat Assessment, the U.S.
Department of the Treasury described the movement of cash smuggled from
drug transactions: "Cash associated with illicit narcotics typically
flows out of the United States across the southwest border into Mexico,
retracing the route that illegal drugs follow when entering the United
States.82 Upon leaving the country, cash may stay in Mexico,
continue on to a number of other countries, or make a U-turn and head
back into the United States as a deposit by a bank or casa de cambio.
Illicit funds leaving the United States also flow into Canada, which,
like Mexico, is a source of illegal narcotics."
(effect of criminal funds on governments)
"The magnitude of funds under criminal control poses special threats to
governments, particularly in developing countries, where the domestic
security markets and capital markets are far too small to absorb such
funds without quickly becoming dependent on them.160 It is
difficult to have a functioning democratic system when drug cartels have
the means to buy protection, political support or votes at every level
of government and society.161 In systems where a member of
the legislature or judiciary, earning only a modest income, can easily
gain the equivalent of some 20 months’ salary from a trafficker by
making one "favourable" decision, the dangers of corruption are obvious.162"
Corruption - Data
(2006-2007 - corruption - Afghanistan) "Afghanistan currently ranks in the second lowest percentile on the World Bank’s corruption index.293
A significant component of this index is based on the activities of
corruption prone government agencies. Survey after survey reveals the
Afghan perception of law enforcement and courts as among the most
corrupt institutions in the country.294 A 2006 poll by the Asia Foundation found that 77 per cent of Afghans believed corruption was a problem at the national level.295"
(2002 - corruption in Colombia)
"Colombia has suffered the tragic consequences of endemic theft by
politicians and public officials for decades. Entwined with the
production and trafficking of illegal drugs, this behaviour exacerbated
underdevelopment and lawlessness in the countryside, where a brutal war
continues to claim the lives of some 3,500 civilians a year. A World
Bank survey released in February 2002 found that bribes are paid in 50
per cent of all state contracts.27 Another World Bank report
estimates the cost of corruption in Colombia at US $2.6 billion
annually, the equivalent of 60 per cent of the country’s debt.28"
Source:
Herrera,
Eduardo Wills, and Cortés, Nubia Urueña, "Global Corruption Report
2003: South America" Transparency International (Berlin, Germany:
Transparency International, 2003), p. 108.
http://www.transparency.org/content/download/4378/26541/file/11_South_America_(Wills_Uruena).pdf
(2000 - corruption in Colombia) "The Presidential Programme Against Corruption in Colombia specifically addresses ‘narco-corruption’.36 Colombia, with a capacity to produce 580 tonnes of pure cocaine in 2000,37
is particularly poisoned by the interplay of narcotics and violence,
with an estimated one million people internally displaced as a result of
battles for territorial control by rebel groups and paramilitary
forces. ‘The corruptive effect of this kind of profit is devastating,
since it has penetrated to perverse levels in the judiciary and the
political system,’ the official report of the Presidential Programme
concluded, adding that the rapid accumulation of wealth from illegal
drugs ‘has fostered codes and behaviours which promote corruption, fast
money and the predominance of private welfare over general interest’."
(1999 - corruption in Colombia and Central America)
"Another problem occurs when officials turn a blind eye to a narcotics
trade that looms large in the region. 'Central America has become the
meat in the sandwich' - as a trans-shipment point, storehouse and money
laundering centre - in the drug traffic from Colombia to the US, said
Costa Rican parliamentarian Belisario Solano. The Costa Rican Defence
Ministry estimates that between 50 and 70 tonnes of cocaine travel
through Costa Rica to the US every year."
(1998 - corruption in Colombia)
"In 1998, DEA reported that drug-related corruption existed in all
branches of the [Colombian] government, within the prison system, and in
the military... In November 1998, U.S. Customs and DEA personnel
searched a Colombian Air Force aircraft in Florida and found 415
kilograms of cocaine and 6 kilograms of heroin."
(1993-1997 - corruption - police)
On average, half of all police officers convicted as a result of
FBI-led corruption cases between 1993 and 1997 were convicted for
drug-related offenses.
(2009 - economics - opium income and the Taliban)
"The Taliban’s principal and most lucrative source of income in
Afghanistan is its control of the opium trade. The Taliban have long
profited off of the ten percent ushr tax levied on opium
farmers, an additional tax on the traffickers, and a per-kilogram
transit tariff charged to the truckers who transport the product.152
In recent years, however, they have been “taking a page from the
warlords’ playbook,” and regional and local Taliban commanders have been
demanding “protection money from the drug traffickers who smuggle goods
through their territory.”153 A 2007 analysis by the
Jamestown Foundation described “arrangements whereby drug traffickers
provide money, vehicles and subsistence to Taliban units in return for
protection.”154 In addition, at even higher Taliban command
levels, “senior leadership in Quetta are paid regular installments from
narcotics kingpins as a general fee for operating in Taliban controlled
areas.”155 Through these various forms of taxation and
extortion, the Taliban have been estimated to earn nearly $300 million a
year from the opium trade.156"
(2009 - economics - money laundering and the value of the global opiate market)
"Of the US$ 65 billion turnover of the global market for opiates, only
5-10 per cent (US$ 3-5 billion) are estimated to be laundered by
informal banking systems. The rest is laundered through legal trade
activities (including smuggling of legal goods into Afghanistan) and the
banking system."
(2008 - economics - money laundering and gross revenue of Mexican DTOs)
"Mexico also remains a hub for money laundering. It is estimated that
DTOs’ [drug trafficking organizations] annual gross revenue ranges
between $15-30 billion from illicit drug sales in the U.S. Most of these
proceeds are returned from the U.S. primarily through bulk currency
shipments and laundered through legitimate Mexican businesses."
Source:
United
States Department of State, Bureau for International Narcotics and Law
Enforcement Affairs, "International Narcotics Control Strategy Report:
Volume I, Drug and Chemical Control," (Washington, DC: U.S. Department
of State: March 2010), p. 432.
http://www.state.gov/documents/organization/137411.pdf
Corruption - Research
(corruption - police) The Mollen Commission was appointed to
investigate corruption in the New York City Police Department. The
Commission "found that police corruption, brutality, and violence were
present in every high-crime precinct with an active narcotics trade that
it studied, all of which have predominantly minority populations. It
found disturbing patterns of police corruption and brutality, including
stealing from drug dealers, engaging in unlawful searches, seizures, and
car stops, dealing and using drugs, lying in order to justify unlawful
searches and arrests and to forestall complaints of abuse, and
indiscriminate beating of innocent and guilty alike."
(corruption in Mexico)
"Mexico's police and armed services are known to be contaminated by
multimillion dollar bribes from the transnational narco-trafficking
business. Though the problem is not as pervasive in the military as it
is in the police, it is widely considered to have attained the status of
a national security threat."
(corruption in specific U.S. cities)
A 1998 report by the General Accounting Office cited specific examples
of publicly disclosed drug-related police corruption in the following
cities: Atlanta, Chicago, Cleveland, Detroit, Los Angeles, Miami, New
Orleans, New York, Philadelphia, Savannah, and Washington, DC.
Economics
(economics - defining five basic regulation models)
Prescription
"The prescription model is the most tightly controlled and enforced drug
supply model currently in operation. Under this model, drugs are
prescribed to a named user by a qualified and licensed medical
practitioner. They are dispensed by a licensed practitioner or
pharmacist from a licensed pharmacy or other designated outlet."
Pharmacy model
"The pharmacy model, whilst still working within a clearly defined
medical framework, is less restrictive and controlling than the
prescription model. Pharmacists are trained and licensed to dispense
prescriptions, although they cannot write them. They can also sell
certain generally lower risk medical drugs from behind the counter."
Licensed sales
"Current best practice in licensed sales of alcohol and tobacco offers a
less restrictive, more flexible infrastructure for the licensed sales
of certain lower risk non-medical drugs (see: 5.1 Alcohol, page 100, and
5.2 Tobacco, page 105). Such a system would put various combinations of
regulatory controls in place to manage the vendor, the supply outlet,
the product and the purchaser, as appropriate."
Licensed premises
"Public houses and bars serving alcohol offer the most common example of
premises licensed for sale and consumption. Under this long established
system, various controls exist over the venue and (in particular) the
licensee."
Unlicensed sales
"Certain psychoactive substances deemed sufficiently low risk, such as
coffee, traditional use of coca tea and some low strength painkillers,
are subject to little or no licensing. Here, regulation focuses on
standard product descriptions and labelling."
(marijuana - effects of prohibition)
"Prohibition has two effects: on one hand it raises supplier costs,
disrupts market functioning and prevents open promotion of the product;
on the other, it sacrifices the authorities’ ability to tax transactions
and regulate operation of the market, product characteristics and
promotional activity of suppliers. The cannabis prevalence rates
presented in Figure 1 show clearly that prohibition has failed to
prevent widespread use of the drug and leaves open the possibility that
it might be easier to control the harmful use of cannabis by regulation
of a legal market than to control illicit consumption under prohibition.
The contrast between the general welcome for tobacco regulation
(including bans on smoking in public places) and the deep suspicion of
prohibition policy on cannabis is striking and suggests that a middle
course of legalised but limited consumption may find a public
consensus."
(economics - inconsistencies in drug data)
"Existing estimates about drug production and consumption are cryptic,
inconsistent, and often impossible to verify. ... many of the
most-quoted estimates are not documented in a manner that allows others
to assess their credibility, let alone replicate them. The large
year-to-year changes in official estimates of consumption and
particularly of production reduce their credibility, given the stable
data on marijuana use in the U.S. population over the past decade.
"While a number of estimates are described as being “intelligence
based” or are released by intelligence agencies, this does not mean we
should automatically give them high credibility. This paper identifies a
number of these estimates from national and international sources that
are simply implausible. Drug-market estimation is a field plagued by a
lack of data and heavily dependent on assumptions; thus, estimates from
both intelligence and nonintelligence agencies need to be scrutinized.
Policymakers would be well served by preventing the publication of
figures without peer review. If the truth is that these figures are
estimated imprecisely, that fact should be noted."
Source:
Kilmer,
Beau; Caulkins, Jonathan P.; Bond, Brittany M.; and Reuter, Peter H.,
"Reducing Drug Trafficking Revenues and Violence in Mexico: Would
Legalizing Marijuana in California Help?" International Programs and
Drug Policy Research Center (Santa Monica, CA: RAND Corporation, October
2010), p. 44.
http://www.rand.org/pubs/occasional_papers/2010/RAND_OP325.pdf
Economics - Data - Global
(2011 - economics - opium prices in Afghanistan)
"In 2011, opium prices had reached high levels as a result of the
unusually low opium production in 2010, when major cultivation areas
were affected by plant diseases.
"Results from the 2009 opium survey indicated that the low opium
price level in that year discouraged farmers from planting opium.
However, since then, opium prices have tripled. The high sale price of
opium in combination with lower wheat prices may have encouraged famers
to resume opium cultivation. The high level of opium prices in 2011
continues to provide a strong incentive to plant opium in the upcoming
poppy season."
(2011 - economics - opium production in Afghanistan)
"In 2011, the estimated potential opium production amounted to 5,800
mt, an increase by 61% over 2010. As opium cultivation remained
relatively stable between 2009 and 2011, the differences in opium
production in those years were due to changes in per-hectare opium
yield. 2009 was a year with high opium yields (56.1 kg/ha), while in
2010, major opium cultivation areas were affected by plant diseases,
which led to a strong yield reduction (29.2 kg/ha). In 2011, opium
yields were back to “normal” levels of 44.5 kg/ha. In 2011, the Southern
region continued to produce most opium in Afghanistan, representing 85%
of national production, followed by the Western region (12%)."
(2009 - economics - opium income and the Taliban)
"The Taliban’s principal and most lucrative source of income in
Afghanistan is its control of the opium trade. The Taliban have long
profited off of the ten percent ushr tax levied on opium
farmers, an additional tax on the traffickers, and a per-kilogram
transit tariff charged to the truckers who transport the product.152
In recent years, however, they have been “taking a page from the
warlords’ playbook,” and regional and local Taliban commanders have been
demanding “protection money from the drug traffickers who smuggle goods
through their territory.”153 A 2007 analysis by the
Jamestown Foundation described “arrangements whereby drug traffickers
provide money, vehicles and subsistence to Taliban units in return for
protection.”154 In addition, at even higher Taliban command
levels, “senior leadership in Quetta are paid regular installments from
narcotics kingpins as a general fee for operating in Taliban controlled
areas.”155 Through these various forms of taxation and
extortion, the Taliban have been estimated to earn nearly $300 million a
year from the opium trade.156"
(2009 - economics - value of global opiate market)
"At retail level, the total value of the heroin market is substantial
at an estimated US$55 billion. The size of the annual opium market is a
more ‘modest’ US$7-10 billion. Consequently, the combined total opiates
(heroin/opium) market could be worth up to US$65 billion per year. This
amount is higher than the GDPs of many countries. In economic terms,
nearly half of the overall opiate market value is accounted for by
Europe (some US$20 billion) and the Russian Federation (US$13 billion).
Other lucrative markets include China (US$9 billion) and the United
States and Canada (US$8 billion)."
(2005-2009 - economics - cost of U.S counternarcotics programs in Afghanistan)
"The U.S. Government has been involved in counternarcotics in
Afghanistan for over 20 years through various agreements to suppress the
production, distribution, and use of illicit drugs and has spent
approximately $2 billion on counternarcotics programs in the last 5
years."
Source:
United
States Department of State and the Broadcasting Board of Governors
Office of Inspector General, Middle East Regional Office, "Status of the
Bureau of International Narcotics and Law Enforcement Affairs
Counternarcotics Programs in Afghanistan Performance Audit," Report
Number MERO-A-10-02 (Washington, DC: U.S. Department of State: December
2009), p. 3.
http://oig.state.gov/documents/organization/134183.pdf
(2009 - economics - money laundering and the value of the global opiate market)
"Of the US$ 65 billion turnover of the global market for opiates, only
5-10 per cent (US$ 3-5 billion) are estimated to be laundered by
informal banking systems. The rest is laundered through legal trade
activities (including smuggling of legal goods into Afghanistan) and the
banking system."
(2008 - economics - money laundering and gross revenue of Mexican DTOs)
"Mexico also remains a hub for money laundering. It is estimated that
DTOs’ [drug trafficking organizations] annual gross revenue ranges
between $15-30 billion from illicit drug sales in the U.S. Most of these
proceeds are returned from the U.S. primarily through bulk currency
shipments and laundered through legitimate Mexican businesses."
Source:
United
States Department of State, Bureau for International Narcotics and Law
Enforcement Affairs, "International Narcotics Control Strategy Report:
Volume I, Drug and Chemical Control," (Washington, DC: U.S. Department
of State: March 2010), p. 432.
http://www.state.gov/documents/organization/137411.pdf
(2008 - opium revenue in Afghanistan)
"When the Taliban were in power (in the late 1990s) they extracted US$
75-100 million a year from taxing opium. In the 2005-2008 period the
cumulative revenue from opiate farming and trade accruing to Taliban
insurgents is estimated at US$ 350-650 million, or an annual average of
US$ 90-160 million in Afghanistan alone. This estimate does not include
insurgents’ potential revenues from other drug-related activities (labs,
imports of precursors) in Afghanistan and from the US$1 billion opiate
trade in Pakistan."
(2008 - global opium market and consumption)
"The main opiate consumer market is Europe (about 19 per cent of global
consumption, with a market value of US$ 20 billion), the Russian
Federation (15 per cent), the Islamic Republic of Iran (15 per cent),
China (12 per cent), India (7 per cent), Pakistan (6 per cent), Africa
(6 per cent) and the Americas (6 per cent)."
(2008 - drug-related public expenditures in the European Union)
"The new estimate of drug-related public expenditure in Europe is EUR
34 billion (95% confidence interval, EUR 28–40 billion), which is
equivalent to 0.3% of the combined gross domestic product of all EU
Member States. This suggests that State expenditure on the drug problem
costs the average EU citizen EUR 60 a year."
(2007 - price of heroin)
In 2007, a kilogram of heroin no. 3 typically sold for an average
wholesale price of $2,520 in Pakistan; the average 2005 per-kilogram
wholesale price of heroin no. 4 in that country equaled approximately
$4,159. The 2007 wholesale price for a kilogram of heroin in Afghanistan
ranged around $2,405. In Colombia, a kilogram of heroin no. 4 typically
sold for $9,992 wholesale in 2006. In the United States in 2007, a
kilogram of heroin no. 4 cost an average of $71,200 wholesale.
(2006 - Canadian dollar cost of substance abuse)
"In 2006 a team of researchers published estimates of the social costs
of substance abuse in Canada across several domains based on 2002 data
(Rehm et al., 2006). Total costs of substance abuse for all substances
(including tobacco) were estimated to be $39.8 billion in 2002, which
translates into $1,267 per capita. Of this, approximately 39% are direct
costs to the economy associated with health care, enforcement,
prevention/research and “other costs”6, and 61% are indirect costs associated mainly with productivity losses resulting from premature death and disability.
"Important findings ... include the fact that (1) total direct social
costs associated with alcohol ($7,427.5 million) are more than double
those for all illicit drugs combined ($3,565.5 million); (2) direct
alcohol-related health care costs ($3,306.2 million) are nearly three
times as high as for all illicit drugs, excluding cannabis ($1,061.6
million), and over 45 times higher than the direct health care costs of
cannabis ($73 million); and (3) annual direct costs for health care
($4,440.7 million) are 31 times higher, and annual direct costs for
enforcement ($5,407.7 million) are 36 times higher than annual costs for
prevention and research ($147.6 million)."
Source:
Thomas,
Gerald and Davis, Christopher G., Comparing the Perceived Seriousness
and Actual Costs of Substance Abuse in Canada: Analysis drawn from the
2004 Canadian Addiction Survey," Canadian Centre on Substance Abuse
(Ottawa, ON: Canadian Centre on Substance Abuse, March 2007), pp. 2-4.
http://www.ccsa.ca/2007%20CCSA%20Documents/ccsa-011350-2007.pdf
(2000-2005 - U.S. counternarcotics support costs)
"However, during fiscal years 2000-2005, the United States provided
about $6.2 billion to support counternarcotics and related programs in
the source and transit zones (see table 1).12 In the source
zone, U.S. assistance supports eradication and interdiction efforts and
related programs for alternative development and judicial reform,
primarily in Bolivia, Colombia, and Peru. In the transit zone, the
United States provided about $365 million in assistance—primarily to El
Salvador, Guatemala, Haiti, and Mexico —to support interdiction and
other law enforcement programs."
"For fiscal year 2006, the Administration has requested an additional
$735 million for countries in the source zone and $77 million for
countries in the transit zone."
"From fiscal year 2000 through 2005, the United States provided about
$365 million in assistance to countries in the transit zone. Of this,
Mexico received approximately $115 million to support its efforts to
eradicate opium poppy and marijuana, and improve surveillance and
intelligence capabilities."
Source:
"Drug
Control: Agencies Need to Plan for Likely Decline in Drug Interdiction
Assets, and Develop Better Performance Measures for Transit Zone
Operations," Government Accountability Office (Washington, DC: USGAO,
Nov. 2005), GAO-06-200, pp. 10 and 23.
http://www.gao.gov/new.items/d06200.pdf
(2004 - economics - price of cocaine)
In 2004, a kilogram of cocaine base in Colombia typically sold for $810
and a kilogram of cocaine typically sold for $1,713. In Peru in 2004, a
kilogram of cocaine base typically sold for $700 and a kilogram of
cocaine typically sold for $1,000. In Mexico in 2004, a kilogram of
cocaine typically sold for $7,880. In the United States in 2001, a
kilogram of cocaine typically sold for $23,500.
(2003 - value of global retail cannabis market in Euros) "The UNODC (2005) estimates that the world retail market for cannabis was about €125 Billion4
circa 2003; more than the retail markets for cocaine and opiates
combined. The US is believed to be the largest contributor to this
estimate, but the exact size of that market is far from settled. Indeed,
some of the estimates of the US market vary by a factor of 10.
"The UNODC’s macro estimates indicate that North America and
Western/Central Europe account for 45% and 28% of the world cannabis
market, respectively. The UNODC’s input-output model suggests that each
past year user in North America consumed 165 grams of cannabis herb at
almost €10 per gram. With approximately 25 million past-year users in
the US during this time, the UNODC calculations imply that retail
cannabis expenditures in the US exceeded €40 billion. This is more than
four times the retail estimate generated by the White House’s Office of
National Drug Control Policy for 2000." [all monetary values are in
€2005]
(2003 - size of global illicit drug market)
"If compared to global licit exports (US$7,503 bn in 2003) or compared
to global GDP (US$35,765 bn in 2003) the estimated size [of] the global
illicit drug market may not appear to be particularly high (0.9% of
global GDP at retail level or 1.3% of global exports measures at
wholesale level).
"Nonetheless, the size of the global illicit drug market is
substantial. The value, measured at retail prices, is higher than the
GDP of 88% of the countries in the world (163 out of 184 for which the
World Bank has GDP data) and equivalent to about three quarters of
Sub-Saharan Africa's combined GDP (US$439 bn in 2003). The sale of
drugs, measured at wholesale prices, was equivalent to 12% of global
export of chemicals (US$794 bn), 14% of global agricultural exports
(US$674 bn) and exceeded global exports of ores and other minerals
(US$79 bn) in 2003. Such sales of drugs were also higher than the
combined total licit agricultural exports from Latin America (US$75 bn)
and the Middle East (US$10 bn) in 2003."
(2003 - value of global illicit drug market in Euros)
According to the United Nations Office on Drugs and Crime, "[T]he value
of the global illicit drug market for the year 2003 was estimated at
US$13 bn [billion] at the production level, at $94 bn at the wholesale
level (taking seizures into account), and at US$322bn based on retail
prices and taking seizures and other losses into account. This indicates
that despite seizures and losses, the value of the drugs increase
substantially as they move from producer to consumer."
(1999 - estimated size of the global illegal drug market)
"It is also worth noting that by 1999, the UNDCP had not attempted to
follow up its efforts to estimate the size of the world illegal drug
market. That year, the Financial Action Task Force (FATF) [an
inter-governmental body focusing on anti-money laundering activities and
legislation] decided to begin work to assess the size of the world
illegal economy and found it convenient to start with an estimate of the
illegal drug market, a task that was considered easier than estimating
other illegal activities, given the large work on drugs already
available. FATF hired Peter Reuter, a well-known economist who has done
extensive work on illegal drug markets, and produced an estimate. This
job had the full cooperation of the UNDCP, which opened its data bank to
the researcher.
"The resulting study is probably the most serious attempt to
ascertain the size of the world illegal drug market and resulted in an
estimated range between $45 and $280 billion."
(1991-2000 - value of illegal drug exports in the Caribbean)
"The value of illegal drug exports from the Caribbean during the past
two decades has fallen into two very well differentiated periods. The
first period, from 1981 to 1990, was an epoch of impressive depression
in the total value of the Caribbean drugs exports -- from an income over
US$20bn at its peak in 1983 to US$5bn in 1991. Since 1991, the value of
Caribbean exports of illegal drugs has stabilised around US$5bn."
Source:
"The
Value Of Illegal Drug Exports Transiting The Caribbean - 1981-2000,"
United Nations Office on Drugs and Crime, Caribbean Regional Office,
February 2004, p. 39.
(2008 - economics - expenditure on drug war in North America over 40 years)
"Despite more than an estimated $2.5 trillion having been spent on the
“war on drugs” in North America during the last 40 years, cannabis is as
readily available today as at any time in our history."
Economics - Data - United States
(2010 - U.S. drug control budget) "For FY 2011, $85,500,000
is requested to support the DFC Program [Drug Free Communities]. Of this
amount, $76,660,000 will fund grants made directly to nearly 620
community-based coalitions focusing on preventing and reducing youth
substance abuse throughout the United States. The remaining amount will
be divided with $2,000,000 to be used to provide a directed grant award
to the National Anti-Drug Coalition Institute (Institute). The Institute
is the primary source of training and technical assistance to DFC
coalitions and coalitions working toward submitting a successful DFC
application. The remaining $6,840,000 will fund program support costs,
such as program staff, daily oversight of grants and the DFC National
Cross-Site Evaluation."
(2010 - savings and tax revenue from legalizing drugs)
"This report estimates that legalizing drugs would save roughly $41.3
billion per year in government expenditure on enforcement of
prohibition. Of these savings, $25.7 billion would accrue to state and
local governments, while $15.6 billion would accrue to the federal
government. Approximately $8.7 billion of the savings would result from
legalization of marijuana and $32.6 billion from legalization of other
drugs.
"The report also estimates that drug legalization would yield tax
revenue of $46.7 billion annually, assuming legal drugs were taxed at
rates comparable to those on alcohol and tobacco. Approximately $8.7
billion of this revenue would result from legalization of marijuana and
$38.0 billion from legalization of other drugs."
(2010 - marijuana from Mexico)
"• Mexican DTOs’ gross revenues from moving marijuana across the border
into the United States and selling it to wholesalers is likely less than
$2 billion, and our preferred estimate is closer to $1.5 billion. This
figure does not include revenue from DTO production and distribution in
the United States, which is extremely difficult to estimate with
existing data.
"• The ubiquitous claim that 60 percent of Mexican DTO export
revenues come from U.S. marijuana consumption (Fainaru and Booth, 2009;
Yes on 19, undated) should not be taken seriously. No publicly available
source verifies or explains this figure and subsequent analyses
revealed great uncertainty about the estimate (GAO, 2007). Our analysis—
though preliminary on this point—suggests that 15–26 percent is a more
credible range of the share of drug export revenues attributable to
marijuna."
Source:
Kilmer,
Beau; Caulkins, Jonathan P.; Bond, Brittany M.; and Reuter, Peter H.,
"Reducing Drug Trafficking Revenues and Violence in Mexico: Would
Legalizing Marijuana in California Help?" International Programs and
Drug Policy Research Center (Santa Monica, CA: RAND Corporation, October
2010), p. 3.
http://www.rand.org/pubs/occasional_papers/2010/RAND_OP325.pdf
(2010 - U.S. drug control budget for 2011)
"For the period October 1, 2010 through September 30, 2011, ONDCP is
requesting $401,446,000 and 99 full-time equivalents (FTE). The FY 2011
budget request reflects three appropriations: the Salaries and Expenses
(S&E); Other Federal Drug Control Programs; and, High Intensity Drug
Trafficking Areas (HIDTA).
"The FY 2011 request for S&E is $26,196,000 and 98 FTE. The
budget request includes $24,961,000 for operational expenses and
$1,235,000 for Policy Research.
"The FY 2011 request for the Other Federal Drug Control Programs is
$165,300,000 and 1 FTE. This request includes funds for National Youth
Anti-Drug Media Campaign; Drug-Free Communities Program; Performance
Measures Development; Anti-Doping Activities; the World Anti-Doping
Agency dues; National Drug Court Institute; and, National Alliance for
Model State Drug Laws.
"The FY 2011 request for HIDTA is $209,950,000. This request includes
$207,250,000 for grants and Federal transfers and up to $2,700,000 for
HIDTA auditing services and associated activities."
(2011 - U.S. drug control expenditures by function))
| Federal Drug Control Spending by Function |
| Function |
FY 2009 Final |
FY 2010 Enacted |
FY 2011 Request |
|
|
|
|
| Treatment |
3,561.9 |
3,745.5 |
3,882.5 |
| Percent |
23.3% |
24.9% |
25.0% |
|
|
|
|
| Prevention |
1,854.7 |
1,514.3 |
1,717.7 |
| Percent |
12.1% |
10.1% |
11.0% |
|
|
|
|
| Domestic Law Enforcement |
3,869.4 |
3,843.5 |
3,917.3 |
| Percent |
25.3% |
25.6% |
25.2% |
|
|
|
|
| Interdiction |
3,910.2 |
3,640.1 |
3,727.0 |
| Percent |
25.6% |
24.2% |
24.0% |
|
|
|
|
| International |
2,082.2 |
2,288.0 |
2,308.1 |
| Percent |
13.6% |
15.2% |
14.8% |
|
|
|
|
| Total |
$15,278.4 |
$15,031.5 |
$15,552.5 |
(2009 - proposed U.S. drug control budget for drug courts)
"The FY 2009 resources of $1.250 million will support NDCI’s [National
Drug Court Institute] efforts to improve and expand drug courts through
its research, training, and technical assistance programs. NDCI will
conduct research and produce reports on successful methods of financing
and sustaining drug courts. The program will also provide technical
assistance to court systems wishing to adopt these methods. NDCI will
use resources to continue to develop and encourage standard drug court
data collection practices, which allow for comparisons across drug court
systems."
(2008 - costs for federal wiretaps)
"The average cost of intercept devices installed in 2008 was $47,624,
down 2 percent from the average cost in 2007. For federal wiretaps for
which expenses were reported in 2008, the average cost was $70,536, a 7
percent increase from the average cost in 2007. The average cost of a
state wiretap declined 6 percent to $41,154 in 2008."
Applying the average cost of $70,536 for installing federal
wiretapping devices and $41,154 for installing state devices to the
respective 386 federal and 1,505 state wiretaps in 2008 -- and noting
that 84% of wiretaps involve drug investigations -- brings the estimated
2008 spending for the installation of wiretap device for drug
investigations to $22.8 million by the federal government and $52
million by the states. These costs exclude manpower and prosecution.
(2008 - savings from legalizing drugs in the U.S.)
"The report estimates that legalizing drugs would save roughly $48.7
billion per year in government expenditure on enforcement of
prohibition. $33.1 billion of this savings would accrue to state and
local governments, while $15.6 billion would accrue to the federal
government. Approximately $13.7 billion of the savings would results
from legalization of marijuana, $22.3 billion from legalization of
cocaine and heroin, and $12.8 from legalization of other drugs."
(2008 - total annual costs of drug abuse)
"Each year, drug-related deaths number in the thousands, and treatment
admissions and emergency department (ED)visits both exceed a million.
These and other consequences of drug abuse, including lost productivity
associated with abuse, the impact on the criminal justice system, and
the environmental impact that results from the production of illicit
drugs, are estimated at nearly $215 billion3 annually."
(2008 - cost of narcotics trade)
"The narcotics trade has also significantly impeded fiscal growth and
stability by diverting scarce resources away from more-productive uses.
Between 1981 and 2008, federal, state, and local governments are
estimated to have spent at least $600 billion (adjusted for inflation)
on drug interdiction and related law enforcement efforts; factoring in
costs associated with treatment and rehabilitation, the overall total
rises to around $800 billion.34 If one were to also add in
“invisible” losses brought about by curtailed job opportunities and
reduced workplace productivity, the true cost would be far higher."
(2007 - cost of drug diversion) "...the estimated cost of CPD diversion and abuse to public and private medical insurers is $72.5 billion a year,3
much of which is passed to consumers through higher health insurance
premiums. Additionally, the abuse of prescription opioids is burdening
the budgets of substance abuse treatment providers, particularly as
prescription opioid abuse might be fueling heroin abuse rates in some
areas of the United States."
(2007 - cost of law enforcement aircraft and use for counternarcotics)
"Aviation units (190) reporting actual expenditures for 2007 spent
approximately $283 million to purchase, lease or finance, maintain, and
fuel their aircraft (table 4). Total expenditures for all 201 aviation
units were estimated at $301 million in 2007."
Since 89% of all aviation units participate in "Counternarcotics
operations," total unit spending attributable this activity would
approximate $268 million.
(2006 - prescription drug diversion and fraud)
"According to law enforcement reporting, some individuals and criminal
groups divert CPDs [controlled prescription drugs] through
doctor-shopping and use insurance fraud to fund their schemes. In fact,
Aetna, Inc. reports that nearly half of its 1,065 member fraud cases in
2006 (the latest year for which data are available) involved
prescription benefits, and most were related to doctor-shopping,
according to the Coalition Against Insurance Fraud (CAIF). CAIF further
reports that diversion of CPDs collectively costs insurance companies up
to $72.5 billion annually, nearly two-thirds of which is paid by public
insurers. Individual insurance plans lose an estimated $9 million to
$850 million annually, depending on each plan’s size; much of that cost
is passed on to consumers through higher annual premiums."
(2006 - retail value of hemp industry) "Retail sales of imported hemp products exceeded $70 million in the United States in 2006.62
Given hemp’s wide-ranging utility, supporters of domestic cultivation
estimate that it would create a $300 million dollar industry.63"
Source:
Kolosov,
Christine A., "Evaluating the Public Interest: Regulation of Industrial
Hemp under the Controlled Substances Act," UCLA Law Review (Los
Angeles, CA: UCLA School of Law, 2009), p. 244.
http://uclalawreview.org/pdf/57-1-5.pdf
(2005 - federal, state and local expenditures on substance abuse) "In 2005, federal, state and local governments spent at least $467.7 billion on substance abuse and addiction."
"Federal and state* governments spent $3.3 trillion in 2005 to
operate government and provide public services such as education, health
care, income assistance, child welfare, mental health, law enforcement
and justice services, transportation and highway safety. Hidden in this
spending was a stunning $373.9 billion--11.2 percent--that was spent on
tobacco, alcohol and other drug abuse and addiction. A conservative
estimate of local government spending on substance abuse and addiction
in 2005 is $93.8 billion.
"The vast majority of federal and state substance related
spending--95.6 percent or $357.4 billion--went to carry the burden to
government programs of our failure to prevent and treat the problem
while only 1.9 percent was spent on preventing or treating addiction.
Another 0.4 percent was spent on research and the remaining two percent
was spent on alcohol and tobacco tax collection, regulation and
operation of state liquor stores (1.4 percent) federal drug interdiction
(0.7 percent). For every dollar the federal and state governments spent
on prevention and treatment, they spent $59.83 shoveling up the
consequences.
"A staggering 71.1 percent of total federal and state spending on the
burden of addiction is in two areas: health and justice. Almost three
fifths (58.0 percent) of federal and state spending on the burden of
substance abuse and addiction (74.1 percent of the federal burden) is
in the area of health care where untreated addiction causes or
contributes to over 70 other diseases requiring hospitalization. The
second largest area of substance-related federal and state burden
spending is the justice system (13.1 percent)."
(2003 - arrests, cases, inmates, and criminal justice employees)
"The increase in justice expenditures over nearly 20 years reflects the
expansion of the Nation's justice system. For example, in 1982 the
justice system employed approximately 1.27 million persons; in 2003 it
reached over 2.3 million.
"Police protection
"One indicator of police workload, the FBI's arrest estimates for State
and local police agencies, grew from 12 million in 1982 to an estimated
13.6 million in 2003. The number of employees in police protection
increased from approximately 724,000 to over 1.1 million.
"Judicial and legal
"The judicial and legal workload, including civil and criminal cases,
prosecutor functions, and public defender services, also expanded during
this period. Cases of all kinds (criminal, civil, domestic, juvenile,
and traffic) filed in the nearly 16,000 general and limited jurisdiction
State courts went from about 86 million to 100 million in the 16-year
period, 1987-2003. The total of judicial and legal employees grew about
101% to over 494,000 persons in 2003.
"Corrections
"The total number of State and Federal inmates grew from 403,000 in 1982
to over 1.4 million in 2003. The number of local jail inmates more than
tripled from approximately 207,000 in 1982 to over 691,000 in 2003.
Adults on probation increased from over 1.4 million to about 4.1 million
persons. Overall, corrections employment more than doubled from nearly
300,000 to over 748,000 during this same period."
(2003 - funding of pharmaceutical drug development in the U.S.)
"Nonetheless, one must wonder why drug development has not proceeded
far more rapidly in the wake of dramatic breakthroughs in applied
molecular biology in the past two decades or so. We cannot blame
inadequate resources. Moses, et al. (2005) report that between 1994 and
2003, annual biomedical research funding in the United States doubled in
real terms, reaching $94.3 billion. Private industry (pharmaceutical
and biotechnology firms) accounted for about 57% of that, and NIH, 28%.
Industry funding of clinical trials more than tripled in real terms to
$14.2 billion in 2003. At the same time, however, the costs of bringing
new drugs to market have been steadily increasing at rates well above
inflation even as technological progress has reduced all manner of
peripheral costs."
(2003 - expenditures for criminal justice system)
"In 2003 the United States spent a record $185 billion for police
protection, corrections, and judicial and legal activities. Expenditures
for operating the Nation's justice system increased from almost $36
billion in 1982 to over $185 billion in 2003, an increase of 418%"
(1981-2003 - historical prices of illicit drugs)
"In summary, prices for powder cocaine, crack, and heroin declined
sharply in the 1980s and have declined more gradually since then, with
periodic interruptions by modest price spikes that have usually
persisted for a year or less. For d-methamphetamine, the pattern is
broadly similar, but the price spikes appear to be larger and
longer-lasting, particularly for 1989–1991. Marijuana prices have
followed a very different pattern, increasing from 1981 to 1991, then
declining through 2000 and increasing over the past three years."
(2001 - cost to develop one new pharmaceutical drug)
"According to the Tufts Center for the Study of Drug Development, the
average cost to develop a new molecular entity is $802 million.3
The number of drugs available per condition bears out the claim that
drug development costs are large, relative to market size, for many
conditions."
Source:
Lichtenberg,
Frank R. and Waldfogel, Joel, "Does Misery Love Company? Evidence form
Pharmaceutical Markets Before and After the Orphan Drug Act" Michigan
Telecommunications and Technology Law Review (Ann Arbor, MI: Spring
2009), p. 336.
http://www.mttlr.org/volfifteen/lichtenberg&waldfogel.pdf
(1999 - U.S. drug control expenditures in 1990s)
"The most recent figures available from the Office of National Drug
Control Policy (ONDCP) indicate that, in 1999, federal expenditures on
control of illegal drugs surpassed $17 billion; combined expenditures by
federal, state, and local governments exceeded $30 billion. What is
more, the nation's so-called 'drug war' is a protracted one. The country
has spent roughly this amount annually throughout the 1990s."
(1999 - annual costs of substance abuse)
"Studies have shown the annual cost of substance abuse to the Nation to
be $510.8 billion in 1999 (Harwood, 2000). More specifically,
"• Alcohol abuse cost the Nation $191.6 billion;
"• Tobacco use cost the Nation $167.8 billion;
"• Drug abuse cost the Nation $151.4 billion.
"Substance abuse clearly is among the most costly health problems in
the United States. Among national estimates of the costs of illness for
33 diseases and conditions, alcohol ranked second, tobacco ranked sixth,
and drug disorders ranked seventh (National Institutes of Health [NIH],
2000)."
Source:
Miller,
T. and Hendrie, D. Substance Abuse Prevention Dollars and Cents: A
Cost-Benefit Analysis, DHHS Pub. No. (SMA) 07-4298. Rockville, MD:
Center for Substance Abuse Prevention, Substance Abuse and Mental Health
Services Administration, 2009, p. 4.
http://download.ncadi.samhsa.gov/prevline/pdfs/SMA07-4298.pdf
(1998 - revenue from alcohol and tobacco vs. expenditures for substance abuse)
"The final component of state substance abuse spending is the $433
million states spent in 1998 to regulate the sale of alcohol and tobacco
and to collect alcohol and tobacco taxes (Table 5.1) Tax rates vary
significantly from state to state and revenues generally are not
dedicated to prevent, treat or cope with the burden substance abuse and
addiction places on many state programs.
"In 1998, states collected $4.0 billion in alcohol and $7.4 billion
in tobacco taxes for a total of $11.4 billion. For every dollar of such
tax revenues, states spent $7.13 on substance abuse and addiction --
$6.83 to shoulder the burden on public programs, $0.26 for prevention
and treatment, and $0.04 to collect alcohol and tobacco taxes and run
licensing boards."
(1998 - itemized expenditures on substance abuse)
"The justice system spends $433 million on treatment: $149 million for
state prison inmates; $103 million for those on probation and parole;
$133 million for juvenile offenders; $46 million to help localities
treat offenders; $1 million on drug courts. Treatment provided by mental
health institutions for co-morbid patients totals $241 million. The
remaining $492 million is for the substance abuse portion of state
employee assistance programs ($97 million), treatment programs for
adults involved in child welfare services ($4.5 million) and capital
spending for the construction of treatment facilities ($391 million).
(Figure 4.B)"
(1998 - expenditures on adverse drug reactions)
"In our study, the total cost for patients with an ADR [adverse drug
reaction] increased an average of $2401/patient (19.86% increase), or an
additional $339,496,598 for all study patients. Extrapolating this
finding to the entire Medicare population resulted in $516,034,829 in
costs associated with ADRs. In a recent single-site study of ADEs
[adverse drug events] from the same time frame, ADE occurrence resulted
in an additional $3344/hospital stay.[10] Thus, an ADE costs about one third more than an ADR.
"Drug costs for patients with an ADR increased an average of
$175/patient (9.15% increase), or an additional $24,744,650 for all
study patients. Extrapolating this finding to the entire Medicare
population resulted in additional drug costs of $37,611,868 associated
with ADRs. Laboratory costs for patients with an ADR increased an
average of $44/patient (2.82% increase), or an additional $6,221,512 for
all study patients. Extrapolating this finding to the entire Medicare
population resulted in $9,456,698 in costs associated with ADRs.
"For the 12,261,737 Medicare patients admitted to U.S. hospitals,
ADRs were projected to cause the following increases: 2976 deaths,
118,200 patient-days, $516,034,829 in total costs, $37,611,868 in drug
charges, and $9,456,698 in laboratory charges. The incentives for health
care professionals to develop better systems and increase personnel
awareness regarding ADRs are compelling.
"Assuming that up to 50% of the 74,380 ADRs and 986 deaths reported
in our study were avoidable, these findings have significant medical and
legal implications.[10] Fatal ADEs that resulted in legal judgments or settlements cost an additional $1.1 million/death.[20]
In one report, ADEs that caused permanent disability and resulted in
legal judgments or settlements cost an additional $4.3 million/patient.[21]
Also, 13% of patients who experienced an ADE that led to litigation
received average settlements and judgments of $3.1 million/patient.[22]
Applying the 13% figure to the 22.35 ± 33.41
patients/hospital/year who experienced an ADR (50% of ADRs potentially
avoidable)[10]
resulted in litigation for 2.91 patients/hospital/year, or
$9,007,050/hospital/year in legal settlements and judgments.
Extrapolating to the 3328 hospitals in our study resulted in
$29,975,462,400/year allocated to settlements and judgments associated
with ADRs. These figures probably are conservative, since the data were
self-reported and likely undercount significantly the number of ADRs
occurring in U.S. hospitals. Clearly, reducing ADRs would result in
significant savings beyond the costs to individual patients and the
Medicare system."
(1992 - costs reductions and savings from treatment)
A study by the RAND Corporation found, "the savings of treatment
programs are larger than the control costs; we estimate that the costs
of crime and lost productivity are reduced by $7.46 for every dollar
spend on treatment."
Economics - Data - State and Local
(2009 - estimated annual state tax revenue from passage of California AB 390)
"Based on the estimated 16 million ounces of annual consumption [of
marijuana] in California and several assumptions (which are summarized
in the Qualifying Remarks section), the revenue effect of the bill
[California AB 390] is an estimated total annual revenue gain of $1.4
billion, as follows:
• $990 million from the proposed $50 per ounce levy on retail sales of marijuana
• $392 million in sales tax revenues"
(2008 - estimated state spending on corrections)
"State spending for corrections totaled $52 billion in fiscal 2008, a
6.5 percent increase compared to the previous year. State spending on
corrections in fiscal 2009 is estimated to total $53 billion, a 1.8
percent increase from fiscal 2008."
"In fiscal 2008, corrections spending represented 3.5 percent of
total state spending and 7 percent of general fund spending. General
fund dollars are used primarily to fund state corrections spending and
account for $47.7 billion, or 91.8 percent, of all fiscal 2008 state
corrections spending. State funds (general funds and other state funds
combined, but excluding bonds) accounted for 96.6 percent of total state
corrections spending in fiscal 2008. Bonds accounted for 1.8 percent
and federal funds accounted for 1.6 percent. In fiscal 2009, state funds
are estimated to remain by far the largest source of total state
correction spending at 95.7 percent. However, the growth rate of state
funds in fiscal 2009 is much smaller than the growth rate of federal
funds, with state funds growing 0.9 percent and federal funds growing
18.5 percent. Part of this is attributable to the increased federal
funds included in the American Recovery and Reinvestment Act of 2009
(ARRA)."
(2008 - costs of juvenile justice system) "Approximately 93,000 young people are held in juvenile justice facilities across the United States.1
Seventy percent of these youth are held in state-funded, post
adjudication, residential facilities, at an average cost of $240.99 per
day per youth.2" (Total cost = $22.4 million per day or $8.1 billion per year)
(2007 - state spending on corrections) "Collectively, correctional agencies now consume 6.8 percent of state general funds, 2007 data show.24
That means one in every 15 dollars in the states’ main pool of
discretionary money goes to corrections. Considering all types of funds,
corrections had the second fastest rate of growth in FY 2006. With a
9.2 percent jump, it trailed transportation but outpaced increases in
spending on education and Medicaid."
(2008 - marijuana arrests and costs in Rhode Island)
"In 2007, there were 1,922 arrests for first-time marijuana possession
in Rhode Island. In 2008, there were 584 incidents of incarceration for
marijuana possession.1 Ending prohibition and eliminating these arrests would save the state approximately $12.7 million in criminal justice costs."
(2007 - corrections cost per state prison inmate)
According to the American Corrections Association, the average daily
cost per state prison inmate per day in the US is $67.55. State prisons
held 253,300 inmates for drug offenses in 2007. That means states spent
approximately $17,110,415 per day to imprison drug offenders, or
$6,245,301,475 per year.
Source:
American
Correctional Association, 2006 Directory of Adult and Juvenile
Correctional Departments, Institutions, Agencies and Probation and
Parole Authorities, 67th Edition (Alexandria, VA: ACA, 2006), p. 16;
Sabol, William J., PhD, and West, Heather C., Bureau of Justice
Statistics, Prisoners in 2007 (Washington, DC: US Department of Justice,
December 2008), NCJ224280, p. 21, Appendix Table 10.
http://bjs.ojp.usdoj.gov/content/pub/pdf/p07.pdf
(2003 - spending on prisons vs. education)
"In 2003, 7.2% of total State and local expenditures was for justice
activities – 3% for police protection, 2.6% for corrections, and 1.5%
for judicial and legal services (figure 3).
"By comparison, 29% of State and local government spending went to
education, 14% to public welfare, 7% to health and hospitals, and 4% to
interest on debt."
(2003 - percentage of total criminal justice expenditure)
"• Overall, local police spending represented 45% of the Nation's total
justice expenditure, and State corrections accounted for the second
largest portion, 33%.
"• Police protection is primarily a local responsibility; accordingly,
local governments spent 69% of the total police protection expenditure
in the country in 2003.
"• Corrections is primarily a State responsibility; as such State
governments accounted for 64% of the Nation's corrections expenditure.
"• Judicial and legal services in the United States were funded primarily by local (43%) and State (38%) governments."
(2001 - state prison costs)
"Correctional authorities spent $38.2 billion to maintain the Nation’s
State correctional systems in fiscal year 2001, including $29.5 billion
specifically for adult correctional facilities. Day-to-day operating
expenses totaled $28.4 billion, and capital outlays for land, new
building, and renovations, $1.1 billion.
"The average annual operating cost per State inmate in 2001 was
$22,650, or $62.05 per day. Among facilities operated by the Federal
Bureau of Prisons, it was $22,632 per inmate, or $62.01 per day."
In constant dollars, expenditures for "Total State Corrections" were
about 2.5 times higher in 2001 than they were in 1986, with the cost per
state resident going from $65 in 1986 to $134 in 2001.
(cost effectiveness of substance abuse treatment)
"Substance abuse treatment is more cost-effective than prison or other
punitive measures. The Washington State Institute for Public Policy
(WSIPP) found that drug treatment conducted within the community is
extremely beneficial in terms of cost, especially compared to prison.
Every dollar spent on drug treatment in the community is estimated to
return $18.52 in benefits to society."
(2000 - cost/benefit of adult offender drug treatment programs)
"The legislature directed the Washington State Institute for Public
Policy (Institute) to evaluate the costs and benefits of certain
juvenile and adult criminal justice policies, violence prevention
programs, and other efforts to decrease particular “at-risk” behaviors
of youth."
With regard to adult offender drug treatment programs, it found,
"Generally, drug treatment for adult offenders works to lower criminal
recidivism rates. The degree to which recidivism is reduced is not
large—single digit, not double digit, percentage reductions in
recidivism rates should be expected. Nonetheless, with treatment
typically costing about $2,500 per participant, the net economics of
drug treatment appear positive, on average. The programs roughly break
even from a taxpayer-only perspective and, including the benefits crime
victims receive when recidivism rates are reduced, the programs
typically produce about three dollars in benefits per dollar of cost."
These specific drug treatment programs yield the following benefit-to-cost ratios:
| Benefit to Cost Ratios of Adult Drug Treatment Programs |
| In-Prison Therapeutic Community, Without Community Aftercare: |
$1.91 benefit to $1.00 of cost |
| In-Prison Therapeutic Community, With Community Aftercare: |
$2.69 benefit to $1.00 of cost |
| Non-Prison Therapeutic Community: |
$8.87 benefit to $1.00 of cost |
| In-Prison Non-residential Substance Abuse Treatment: |
$6.17 benefit to $1.00 of cost |
| Drug Courts |
$2.83 benefit to $1.00 of cost |
| Case Management Substance Abuse Programs: |
$1.56 benefit to $1.00 of cost |
| Community-Based Substance Abuse Treatment: |
$3.30 benefit to $1.00 of cost |
| Drug Treatment Programs in Jails |
$3.87 benefit to $1.00 of cost |
Source:
Aos,
Steve; Phipps, Polly; Barnoski, Robert; Lieb, Roxanne, "The Comparative
Costs and Benefits of Programs to Reduce Crime," Washington State
Institute for Public Policy (Olympia, WA: May 2001), pp. 1, 23-26.
http://www.wsipp.wa.gov/rptfiles/costbenefit.pdf
(1998 - state expenditures on drug treatment and enforcement)
"Of the $3 billion states spend on prevention, treatment and research,
$920 million (30.7 percent) is spent by state health agencies; $843
million (27.9 percent) by state alcohol and drug abuse offices; $433
million (14.3 percent) by the justice system."
(1998 - state spending on substance abuse treatment)
"States report spending $2.5 billion a year on treatment. States did
not distinguish whether the treatment was for alcohol, illicit drug
abuse or nicotine addiction. Of the $2.5 billion total, $695 million is
spent through the departments of health and $633 million through the
state substance abuse agencies. We believe that virtually all of these
funds are spent on alcohol and illegal drug treatment."
(1998 - state spending on substance abuse)
In January 2001, the National Center on Addiction and Substance Abuse
at Columbia University published an analysis of costs to states from
tobacco, alcohol and other drug addiction. According to the report,
"CASA's analysis revealed a few cost categories where only a single
category of substances is implicated. (Figure 2.B) For instance, CASA
identified $1.1 billion in state spending linked to illicit drug use
only: $574 million for public safety costs for drug enforcement
programs; $114 million for drug courts; and $412 million linked to
illegal drugs in state spending on Medicaid.
"CASA estimates that $7.4 billion in state spending is linked exclusively to tobacco through state Medicaid spending.
"The single drug linked to the largest percentage of state costs is
alcohol. We were able to identify $9.2 billion in state spending linked
to only to alcohol in addition to the costs associated with abuse of
both alcohol and illegal drugs: $915 million on highway safety and local
law enforcement associated with drunk driving; $837 million in state
costs for the developmentally disabled as a result of fetal alcohol
syndrome; and, $7.4 billion in state Medicaid costs."
(1998 - state spending on substance abuse)
"State spending for substance abuse in the justice system amounts to
over one-third (39.4 percent) of the $77.9 billion states spend on the
burden of substance abuse to state programs – 10 times the amount states
spend on all substance abuse prevention, treatment and research."
(1998)
"Of the $81.3 billion states spent on substance abuse in 1998, $77.9
billion were spent shoveling the wreckage of this enormous health and
social problem. These clean-up costs equal 12.6 percent of the total
$620 billion in state spending for 1998. (Table 3.1)
"Almost ninety-six (95.8) cents of every state dollar spent on
substance abuse goes to carry its burden in state programs such as
criminal justice, school aid, Medicaid, child welfare, developmental
disabilities and mental illness because of our failure to prevent
substance abuse and treat those who are abusers and addicts."
(1998 - spending on substance abuse prevention)
"Only $513.3 million in state funds is spent nationwide on substance
abuse prevention. This includes $223 million through the department of
health, $210 million through the department of substance abuse and $80
million in prevention in elementary and secondary education. Most
spending for prevention through the schools is federally funded and that
amount is not included here."
(1998 - state spending on incarceration)
"States spent $29.8 billion in 1998 for adult corrections including
incarceration, probation and parole. Eighty-one percent of this amount
($24.1 billion) was spent on substance-involved offenders. Of the $24.1
billion, $21.4 billion went to run and build prisons to house
substance-involved offenders, $1.1 billion for parole and $695 million
for probation for substance-involved offenders. An additional $899
million was spent on state aid to localities for substance-involved
offenders."
(1992 - cost of substance abuse treatment vs. enforcement)
"Domestic enforcement costs 4 times as much as treatment for a given
amount of user reduction, 7 times as much for consumption reduction, and
15 times as much for societal cost reduction."
Economics - Research
(drug use and the labor supply) According to a study funded
by the Robert Wood Johnson Foundation and published by the Southern
Economic Journal in 2001, "Nonchronic drug use was not statistically
related to either of the labor supply measures, indicating that light or
casual drug use did not lead to negative effects on the labor supply."
Source:
French,
Michael T., M. Christopher Roebuck, and Pierre Kebreau Alexandre,
"Illicit Drug Use, Employment, and Labor Force Participation," Southern
Economic Journal (Southern Economic Association: Oklahoma State
University, Stillwater, OK, 2001), 68(2), p. 366.
(drug dealing and the local community)
"... some of the drug-dealing markets were very much part of the local
community – involving people who had lived within the local community
for many years. Other drug markets in other areas involved individuals
who had no connection to the wider community and whose activities were
seen as threatening the local area. While May and colleagues point to
the various negative impacts of local drug-selling activities on the
wider community, they also point out that such markets could be seen as
having a positive impact on the surrounding community. For example, the
presence of a drug-dealing market could mean the influx of substantial
cash that would otherwise not occur as local drug dealers spent the
money earned from their drug-selling activities. Similarly, it was
claimed by some of those interviewed that the presence of a drug-dealing
market could result in lower levels of other crimes as the drug sellers
themselves sought to reduce the activities of other criminals that
might attract unwanted police attention. Finally, the presence of a drug
market could sustain a thriving market in stolen goods being transacted
as a way of supporting a drug habit, one of the results of this being
that local people had access to a level of consumer products at reduced
prices that they might otherwise never be able to afford."
(drug use in low income areas)
"Although residents of disadvantaged neighborhoods, neighborhoods with
high concentrations of minorities, and neighborhoods with high
population densities reported much higher levels of visible drug sales,
they reported only slightly higher levels of drug use, along with
somewhat higher levels of drug dependency. This finding indicates that
conflating drug sales with use, so that poor and minority areas are
assumed to be the focus of the problem of drug use, is plainly wrong.
The finding is based on the data collected across 41 sites, including
city and suburban (but not rural) areas in all regions."
Source:
Saxe,
Leonard, PhD, Charles Kadushin, PhD, Andrew Beveridge, PhD, et al.,
"The Visibility of Illicit Drugs: Implications for Community-Based Drug
Control Strategies," American Journal of Public Health (Washington, DC:
American Public Health Association, Dec. 2001), Vol. 91, No. 12, p.
1991.
http://ajph.aphapublications.org/cgi/reprint/91/12/1987.pdf
"The
long-run elasticities provide a basis for estimating potential benefits
from changing the current policy mix away from enforcement and
interdiction and towards education and treatment. Applying the estimated
coefficients, a 10 percent reduction in expenditures on enforcement
(about 1 billion dollars by the late 1990s) would be associated with a
long-run reduction of over 20% in both the number of deaths and the
age-adjusted death rate. This would imply that close to 3,000 deaths a
year might be avoided with a shift away from enforcement approaches to
drug control. Adding the billion dollars to education and treatment
would represent an 18% increase in 1998. The estimated elasticity of
1.59 implies a reduction of close to 5,000 drug-induced deaths per year
as a result. Thus, the underlying estimates suggest that very
substantial improvements in public health may be achieved by emphasizing
education and treatment over enforcement and interdiction."
Source:
Shepard,
Edward & Paul R. Blackley, "US Drug Control Policies: Federal
Spending on Law Enforcement Versus Treatment in Public Health Outcomes,"
Journal of Drug Issues, Vol. 34, No. 4, Fall 2004, pp. 781-782.
(drug use in low income areas)
"Although serious drug use is slightly more prevalent in poor minority
neighborhoods than elsewhere, the major problem for disadvantaged
neighborhoods is drug distribution. These communities are victims not
only of their own drug abuse but also of a criminal drug market that
serves the entire society. The market establishes itself in
disadvantaged communities in part because of the low social capital in
these neighborhoods. The drug economy further erodes that social
capital."
Source:
Saxe,
Leonard, PhD, Charles Kadushin, PhD, Andrew Beveridge, PhD, et al.,
"The Visibility of Illicit Drugs: Implications for Community-Based Drug
Control Strategies," American Journal of Public Health (Washington, DC:
American Public Health Association, Dec. 2001), Vol. 91, No. 12, p.
1992.
http://ajph.aphapublications.org/cgi/reprint/91/12/1987.pdf
(drug dealing and employment)
The average "dealer" holds a low-wage job and sells part-time to obtain
drugs for his or her own use. "Earnings for drug selling were
positively correlated (though weakly) with legitimate earnings. Drug
selling seemed to be a complement to, rather than a substitute for,
legitimate employment."
(economic incentive of prisons)
"The economic benefits of new prisons may come from the flow of
additional state and federal dollars. In the decennial census, prisoners
are counted where they are incarcerated, and many federal and state
funding streams are tied to census population counts. According to the
U.S. General Accounting Office (2003), the federal government
distributes over $140 billion in grant money to state and local
governments through formula-based grants. Formula grant money is in part
based on census data and covers programs such as Medicaid, Foster Care,
Adoption Assistance, and Social Services Block Grant (U.S. General
Accounting Office 2003). Within a state, funding for community health
services, road construction and repair, public housing, local law
enforcement, and public libraries are all driven by population counts
from the census."
(limited economic benefits of prison construction)
"The few studies on the local economic impacts of prisons to date have
not found significant positive impacts. For example, a study by the
Sentencing Project challenges the notion that a new prison brings
economic benefits to smaller communities. Using 25 years of data from
New York State rural counties, the authors looked at employment rates
and per capita income and found 'no significant difference or
discernible pattern of economic trends' between counties that were home
to a prison and counties that were not home to a prison (King, Mauer,
and Huling 2003). According to a recent study by Iowa State University,
many towns that made sizeable investments in prisons did not reap the
economic gains that were predicted (Besser 2003). Another analysis in
Texas found no impacts as measured by consumer spending in nearly
three-fourths of the areas examined (Chuang 1998)."
(termination of state addiction disability payments)
Research assessing the impact of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (PRWORA) found that the
termination of addiction disability payments has had a negative effect.
According to the study, "While the aim of SSI addiction disability
termination was, for conservatives, to force individuals to take greater
responsibility in their lives and to decrease dependence on
governmentally funded programs, this goal appears nearly impossible to
achieve given the lack of resources had by this under-skilled and poor
population. Nor did the policy change necessarily decrease their risk of
continued involvement in drugs and crime. We estimate that losing a
stable housing situation has placed respondents at greater risk for
continued drug and alcohol use, something not considered by extant
etiological work on individual substance abuse. These consequences could
mean a greater dependence of this population on state and federally
funded programs."
Source:
Anderson,
Tammy L., Caitlin Shannon, Igor Schyb, and Paul Goldstein, "Welfare
Reform and Housing: Assessing the Impact to Substance Abusers," Journal
of Drug Issues (Tallahassee, FL: Florida State University, Winter 2002),
Vol. 32, No. 1, p. 290.
http://www.udel.edu/soc/tammya/pdfs/Welfare%20Reform%20and%20Housing,%20...
(termination of state addiction disability payments)
"First, PRWORA of 1996 has destabilized the housing situations of the
respondents and has placed them at greater risk for various types of
housing problems and homelessness. Second, these housing complications
have exacerbated numerous social problems (drug and alcohol abuse,
crime, and victimization). It is important to consider, however, that
changes in the housing market, decreased housing subsidies, and
individual characteristics and behaviors also played a role in these
negative outcomes.
"More specifically, we found considerable housing dependency, at some
level, for all respondents, albeit most often among those who currently
had no SSI benefits. Problematic dependence on family, friends, and
significant others (doubling up or sharing housing with other adults)
was most common, followed by dependence on state-funded program.
Independent living (e.g., having one's own place and paying one's own
rent), which we would hope for most by middle-age, was an uncommon
occurrence."
Source:
Anderson,
Tammy L., Caitlin Shannon, Igor Schyb, and Paul Goldstein, "Welfare
Reform and Housing: Assessing the Impact to Substance Abusers," Journal
of Drug Issues (Tallahassee, FL: Florida State University, Winter 2002),
Vol. 32, No. 1, pp. 288-289.
http://www.udel.edu/soc/tammya/pdfs/Welfare%20Reform%20and%20Housing,%20...
(termination of government benefits and risk of drug use)
"A qualitative analysis, featuring in-depth interviews with 101,
nonrandomly selected former recipients revealed that disability benefits
promoted housing autonomy, successful cohabitation, and overall housing
stability. The termination of benefits, at a time of diminishing social
services (e.g., cash and housing assistance) and a housing market
explosion, increased various types of homelessness for respondents and
dependency on family and friends. Such negative living outcomes, in
turn, further escalated the risk of drug and alcohol use, criminal
participation, and victimization."
Source:
Anderson,
Tammy L., Caitlin Shannon, Igor Schyb, and Paul Goldstein, "Welfare
Reform and Housing: Assessing the Impact to Substance Abusers," Journal
of Drug Issues (Tallahassee, FL: Florida State University, Winter 2002),
Vol. 32, No. 1, p. 265.
http://www.udel.edu/soc/tammya/pdfs/Welfare%20Reform%20and%20Housing,%20...
(drug sales in impoverished neighborhoods)
In a report funded by the Wisconsin Policy Research Institute,
researchers concluded that "drug sales in poor neighborhoods are part of
a growing informal economy which has expanded and innovatively
organized in response to the loss of good jobs." The report
characterizes drug dealing as "fundamentally a lower class response [to
the information economy] by men and women with little formal education
and few formal skills," and the report notes "If the jobs won't be
created by either the public or private sector, then poor people will
have to create the jobs themselves."
(2008 - Youth Ant-Drug Media Campaign - incremental value)
"The [Youth Anti-Drug Media] Campaign’s Media Match program has
generated more than $1.22 billion in incremental media value for the
Media Campaign since its inception. During FY 2008, the advertising
contractor was able to negotiate more than the one-for-one match
requirement. Interactive and Radio media placements generated the
greatest additional impact for the Campaign by providing more than 10%
above the match requirement."
(2008, 2009, 2010 - Youth Anti-Drug Media Campaign - annual budget)
The 2008, 2009, and 2010 budgets for the National Youth Anti-Drug Media
Campaign were respectively $60 million (Final), $70 million (Enacted),
and $70 million (Requested). For all years since inception,
Congressional appropriations for campaign total more than $1.7 billion.
Source:
Office of National Drug Control Policy, "National Drug Control Strategy: FY2010 Budget Summary," (Washington, DC: 2009), p. 137.
http://www.whitehousedrugpolicy.gov/publications/policy/10budget/ondcp.p...
General Accountability Office. "ONDCP Media Campaign - National
Evaluation Did Not Find That the Youth Anti-Drug Media Campaign Was
Effective in Reducing Youth Drug Use," (Washington, DC: report to the
Chairman and Ranking Member, Subcommittee on Transportation, Treasury,
the Judiciary, Housing and Urban Development, and Related Agencies,
Committee on Appropriations, U.S. Senate, August 2006), GAO-06-818, p.
10.
http://www.gao.gov/new.items/d06818.pdf
(2006 - Youth Ant-Drug Media Campaign - funding) "As part of the Treasury and General Government Appropriation Act of 1998,7the
Drug Free Media Campaign Act of 1998 required, among other things, the
Office of National Drug Control Policy to conduct a national media
campaign for the purpose of reducing and preventing drug abuse among
young people in the United States.8"
"From fiscal year 1998 through fiscal year 2004, Congress appropriated $1.225 billion to support the campaign (table 1)"
"For fiscal year 2007, the President’s budget requested $120 million
for campaign activities. The 2007 request represents an increase of $21
million above the fiscal year 2006 budget authority."
Source:
General
Accountability Office. "ONDCP Media Campaign - National Evaluation Did
Not Find That the Youth Anti-Drug Media Campaign Was Effective in
Reducing Youth Drug Use," (Washington, DC: report to the Chairman and
Ranking Member, Subcommittee on Transportation, Treasury, the Judiciary,
Housing and Urban Development, and Related Agencies, Committee on
Appropriations, U.S. Senate, August 2006), GAO-06-818, p. 8, p. 9., and p
10.
http://www.gao.gov/new.items/d06818.pdf
Drug Interdiction
(Interdiction - HIDTA definition)
"The HIDTA [High Intensity Drug Trafficking Area] program, originally
authorized by the Anti-Drug Abuse Act of 1988 (P.L. 100-690),155
provides assistance to federal, state, and local law enforcement
operating in areas deemed as the most-impacted by drug trafficking. Each
HIDTA is governed by a separate executive board comprised of about
eight federal agencies and eight state or local agencies. The program’s
main goals are to
• assess regional drug threats;
• develop strategies focusing efforts on combating drug trafficking threats;
• create and fund initiatives to improve these strategies;
• facilitate coordination between federal, state, and local efforts; and
• produce efficient drug control efforts to reduce/eliminate the impact of drug trafficking.156
"The Director of the Office of National Drug Control Policy (ONDCP)
has the authority to designate areas within the United States and its
territories that are centers of illegal drug production, manufacturing,
importation, or distribution as HIDTAs—of which there are currently 28."
Source:
Finklea,
Kristin M., "The Interplay of Borders, Turf, Cyberspace, and
Jurisdiction: Issues Confronting U.S. Law Enforcement," Congressional
Research Service (Washington, DC: Library of Congress, July 19, 2011),
p. 30.
http://www.fas.org/sgp/crs/misc/R41927.pdf
(interdiction - drug enforcement agencies)
"Drug-related activities in the United States span a number of
agencies. In addition to the DoD [Department of Defense] activities
focused on drug trafficking discussed previously, a range of programs
involving intelligence collection, analysis, and sharing are in place at
a number of levels. The central actor in counternarcotics and,
therefore, domestic intelligence activities in this area is the DEA
[Drug Enforcement Administration]. The agency’s Intelligence Division
manages a number of offices and programs that interface both with other
agencies in the intelligence community (e.g., the division’s National
Security Intelligence Section) and operations to support state and local
law enforcement activities (such as Operation Pipeline, which provides
training, communication, and analytic support to local law enforcement
targeting private motor vehicles involved in drug trafficking, and
Operation Convoy, its commercial vehicle counterpart). The Intelligence
Division manages information fusion centers. For example, the El Paso
Intelligence Center (EPIC) is the major hub for collecting, analyzing,
and disseminating drug related intelligence for all levels of law
enforcement and government. It covers drug, alien, and weapon smuggling,
as well as terrorism-related smuggling. To support state and local
operations, the DEA has organized Mobile Enforcement Teams (METs) to
assist state and local law enforcement facing particularly difficult
drug-enforcement challenges. When requested by state and local law
enforcement, the DEA will send a team to assist in investigation,
intelligence collection and analysis, arrests, and prosecution."
(violence in drug law enforcement)
"Based on the available English language scientific evidence, the
results of this systematic review suggest that an increase in drug law
enforcement interventions to disrupt drug markets is unlikely to reduce
violence attributable to drug gangs. Instead, from an evidence-based
public policy perspective and based on several decades of available
data, the existing evidence strongly suggests that drug law enforcement
contributes to gun violence and high homicide rates and that
increasingly sophisticated methods of disrupting organizations involved
in drug distribution could unintentionally increase violence. In this
context, and since drug prohibition has not achieved its stated goal of
reducing drug supply, alternative models for drug control may need to be
considered if drug-related violence is to be meaningfully reduced."
(militarization of law enforcement)
"Over the last 25 years, America has seen a disturbing militarization
of its civilian law enforcement, along with a dramatic and unsettling
rise in the use of paramilitary police units (most commonly called
Special Weapons and Tactics, or SWAT) for routine police work. The most
common use of SWAT teams today is to serve narcotics warrants, usually
with forced, unannounced entry into the home.
"These increasingly frequent raids, 40,000 per year by one estimate,
are needlessly subjecting nonviolent drug offenders, bystanders, and
wrongly targeted civilians to the terror of having their homes invaded
while they’re sleeping, usually by teams of heavily armed paramilitary
units dressed not as police officers but as soldiers. These raids bring
unnecessary violence and provocation to nonviolent drug offenders, many
of whom were guilty of only misdemeanors. The raids terrorize innocents
when police mistakenly target the wrong residence. And they have
resulted in dozens of needless deaths and injuries, not only of drug
offenders, but also of police officers, children, bystanders, and
innocent suspects."
(human influence on drug detection dogs)
"The overwhelming number of incorrect alerts [by drug and/or explosive
detection dogs] identified across conditions confirms that handler
beliefs affect performance. Further, the directed pattern of alerts in
conditions containing a marker compared with the pattern of alerts in
the condition with unmarked decoy scent suggests that human influence on
handler beliefs affects alerts to a greater degree than dog influence
on handler beliefs."
"In conclusion, these findings confirm that handler beliefs affect
working dog outcomes, and human indication of scent location affects
distribution of alerts more than dog interest in a particular location."
(drug production and law enforcement seizures)
One of the major problems with supply reduction efforts (source
control, interdiction, and domestic enforcement) is that, "Free entry
into the cocaine business, at all levels, allows suppliers to expand to
cover the loses due to seizures.8 ... suppliers simply
produce for the market what they would have produced anyway plus enough
extra to cover anticipated government seizures."
(Canada - United States border)
"Through successful binational fora such as the Cross-Border Crime
Forum (CBCF) and Project North Star, the United States and Canada have
increased intelligence-sharing and joint training opportunities for law
enforcement officials. Investigative cooperation has also been expanded,
through the establishment of new Integrated Border Enforcement Teams
and notable enforcement initiatives such as Operation Sweet
Tooth/Project O’Skillet and Operation Triple Play/Project O’Slider. The
result: greater success in seizing illicit drugs crossing the
U.S.-Canada border and apprehending those that traffic them.
"Despite our best efforts, drug trafficking still occurs in
significant quantities in both directions across the border. The
principal illicit substances smuggled across our shared border are MDMA
(Ecstasy), cocaine, and marijuana."
Interdiction - Data
(2010 - Weed and Seed program) "The Weed and Seed (W&S)
strategy was launched more than 18 years ago by the U.S. Department of
Justice (DOJ) as a community-based, comprehensive, multiagency approach
to law enforcement, crime prevention, and community revitalization in
high-crime neighborhoods. Since its start in three demonstration sites,
W&S initiatives have been established in hundreds of neighborhoods
nationwide. In early 2010, 256 sites were active in 46 states and 2
territories. Beginning around 2007, W&S funding has been limited to 5
years for a given site, with a maximum of $1 million over that time."
(2008 - wiretapping)
"The number of wiretaps reported decreased 14 percent in 2008. A total
of 1,891 applications were reported as authorized in 2008, including 386
submitted to federal judges and 1,505 to state judges. No applications
were denied. Compared to the number approved during 2007, the number of
applications reported as approved by federal judges in 2008 fell 16
percent. The number of applications approved by state judges declined 14
percent. Wiretap applications in New York (433 applications),
California (418 applications), New Jersey (175 applications), and
Florida (102 applications) accounted for 75 percent of all applications
approved by state judges."
(2008 - cocaine value and drug trafficking cartels)
"As Mexican traffickers wrested control of the most valuable portions
of the trafficking chain from the Colombians, Mexico itself has become
by far the most important conduit for cocaine entering the United
States. Today, some 200 mt of cocaine transits Central America and
Mexico annually, bringing some US$6 billion to the regional 'cartels'.
As a result, those who control the portions of the Mexican border
through which the bulk of the drug passes have gained wealth and power
comparable to that commanded by the Colombian cartels in their heyday.
These groups command manpower and weaponry sufficient to challenge the
state when threatened, including access to military arms and
explosives."
(2007 - law enforcement use of aircraft)
"During 2007, about 1 in 5 large law enforcement agencies had a
specialized aviation unit operating at least one fixed wing plane or
helicopter. These 201 aviation units, located in departments of 100 or
more sworn officers, employed about 3,400 persons, operated almost 900
aircraft in 46 states and the District of Columbia, and logged an
estimated 363,000 flight hours.
"Aviation units spent an estimated total of $300 million in 2007 on
aircraft purchases, leasing and financing, and maintenance and fuel.
"Among aviation units operating planes, the three most common
functions performed by 80% or more of all units were pilot training
(87%), surveillance (84%), and personnel transport (80%). By contrast,
over 80% of aviation units using a helicopter engaged in the following
seven functions: photographic flights (99%), surveillance (97%), routine
patrol or patrol support (93%), fugitive searches (91%), pilot training
(90%), search and rescue (90%), and drug location and interdiction
(89%)."
(2007 - High Intensity Drug Trafficking Areas)
"For FY 2007, the most recent year for which data are available, annual
reports indicate that there were almost 620 HIDTA [High Intensity Drug
Trafficking Areas] initiatives in the 28 HIDTAs and five Southwest
Border regions. These initiatives identified more than 7,300 DTOs [drug
trafficking organizations] operating in their areas: approximately 48%
of the identified DTOs trafficked cocaine, about 34% trafficked
marijuana, 22% methamphetamine, and 11% heroin. Most are poly-drug DTOs
that traffic in more than one illegal substance."
(2007 - High Intensity Drug Trafficking Areas)
"HIDTAs [High Intensity Drug Trafficking Areas] reported disrupting or
dismantling 2,873 (83%) of the DTOs that they expected to disrupt or
dismantle in FY 2007. More than onehalf (66%) of the disrupted and
dismantled DTOs [drug trafficking organizations] were part of a
multi-state or international operation. In the process, HIDTA
initiatives removed drugs with a wholesale value of more than $26.6
billion from the market, and seized $673 million in cash, and $203
million in noncash assets from drug traffickers."
(2002-2006 - global drug seizures)
"The world only intercepts one fifth of the global opiate flows every
year, with very mixed performances at the country level. The Islamic
Republic of Iran has the highest seizures rate, at 20 per cent. Next are
China (18 per cent) and Pakistan (17 per cent). In the two main source
countries, Afghanistan and Myanmar, seizures represent only 2 per cent
each of the world total. An equally insignificant 2 per cent is seized
in South-Eastern Europe, the last segment of the Balkan route to Europe.
Along the Northern route (Central Asia - Russia), the interception rate
is also low (4-5 per cent)."
(2006 - wiretapping)
"The average cost of intercept devices installed in 2006 was $52,551,
down 5 percent from the average cost in 2005. For federal wiretaps for
which expenses were reported in 2006, the average cost was $67,044, a 5
percent decrease from the average cost in 2005. The average cost of a
state wiretap increased 3 percent to $46,687 in 2006."
(2006 - global cocaine trafficking)
"Mexico is the main transit country of cocaine shipments to North
America. Trafficking to Mexico and further on to the United States
declined, however, in 2006 and 2007. About 52% of cocaine was trafficked
to Mexico by sea in 2006, another 18% by land from Central America
(Guatemala and Belize) and 30% by air. These figures suggest that 2006
saw a decline in trafficking by sea and by land and – in relative terms –
an increase in trafficking by air as compared to a year earlier.
Aircrafts often bring cocaine into Mexico from Venezuela, Colombia and
from countries in Central America, notably Guatemala.12
Important entry points for cocaine into Mexico by sea continue to be the
Pacific region and the peninsula of Yukatan on the Atlantic coast. From
there, the drug is usually transported by land northwards. In volume
terms, most cocaine shipments are by sea. In terms of cases, most
seizures are for deliveries by land. About 90% of the cocaine is
destined for the USA, 7% is destined for Europe (often by air to Spain,
Belgium, Germany, France and Italy) and 3% is for local consumption.".13
(2006 - global seizures of cocaine)
"Globally, most cocaine is seized in the Americas (81%). South America,
where most cocaine is manufactured, accounted for 45% of global
seizures in 2006. North America, the world’s largest cocaine market,
accounted for 24%. Central America and the Caribbean, which are major
transit regions, accounted for 11 % of global seizures.
"The only large market outside of the Americas is Europe. Seventeen
per cent of global cocaine seizures were made in Europe in 2006, and 99 %
of these were made in West and Central Europe.
"The rest of the world was responsible for about 2% of global
seizures and more than 90% of these were reported by countries in
Africa."
(2006 - cocaine trafficking routes)
"The world’s main cocaine trafficking routes continue to run from the
Andean region, notably Colombia, to the United States. Frequently quoted
estimates among enforcement agencies in recent years suggested that
some 450 mt of cocaine (46% of production in 2006) may be destined for
markets in North America5 (trend falling) and some 250 mt (25% of production) for markets in Europe (trend rising).6
Most of the remainder is seized in the coca producing countries (215 mt
of cocaine base and salt in 2006, or less than 170 mt expressed in pure
cocaine) or consumed in South America.7
"The US ‘Interagency Assessment of Cocaine Movement’ (IACM) assumes
higher shipment figures of cocaine towards North America. Estimates by
the IACM suggest that between 530 and 710 mt of cocaine may have
departed South America towards the United States in 2006.8
Out of this amount some 90% is thought to have transited the
Mexico-Central America Corridor in 2006. The IACM assumes that 66% of
the cocaine departing South America towards the USA in 2006 moved
through the Eastern Pacific Vector, more than a year earlier (50%)."
(2006 - global seizure of opiates)
"Global opiate seizures, expressed in heroin equivalents, increased 14%
to 142 mt in 2006. Opiates seizures have grown an average of 9% per
year over the last decade, exceeding growth in global opium production.
The global interception rate for opiates rose from 13% in 1996 to 23% in
2006."
(2006 - cocaine trafficking and Mexico)
"The US authorities estimate that around 90% of the cocaine, which
entered their country in 2006, transited the Mexico-Central America
corridor. The amounts of cocaine trafficked into the United States
declined, however, in 2006 and this trend became more pronounced in 2007
as Mexican authorities stepped up efforts to fight the drug cartels
operating on their territory, which also increased the level of cocaine
related violence in Mexico. US cocaine seizures along the country’s
southern border declined by 20% over the first two quarters of 2007 on a
year earlier and by almost 40% in the second quarter of 2007, as
compared to the second quarter of 2006. The main entry point of cocaine
into the United States continues to be the common border of Mexico with
southern Texas (accounting for a third of all seizures along the border
with Mexico in 2006), followed by the border with southern California
(18%).14"
(2006 - cocaine interdiction and Africa)
"The most striking new trend in cocaine trafficking in recent years has
been the rising importance of Africa, notably of West and Central
Africa, as a transit area for cocaine shipments to Europe. Seizures made
in Africa rose from less than 1 mt over the 1998-2002 period to 15 mt
in 2006. Most of the increase took place in 2006. The largest African
cocaine seizures were reported by Nigeria, followed by Ghana, South
Africa, Morocco and Cap Verde in 2006. In addition, Guinea-Bissau
emerged in recent years as an important cocaine trafficking hub. Out of
the 33 African countries that provided seizure statistics in 2006 to
UNODC, 25 African countries, or 76%, reported seizures of cocaine, up
from 34% in 1990.
"African cocaine seizures are now equivalent to 2.1% of the global
total, up from 0.3% in 2005 and 0.1% in 2000. Since law enforcement in
Africa is hampered by a lack of resources and other important factors,
this marked increase may not fully reflect the actual trafficking flows
through the region."
(2006 - wiretapping)
"Violations of drug laws and homicide/assault were the two most
prevalent types of offenses investigated through communications
intercepts. Racketeering was the third most frequently recorded offense
category, and gambling the fourth. Table 3 indicates that 80 percent of
all applications for intercepts (1,473 wiretaps) authorized in 2006
cited a drug offense as the most serious offense under investigation."
(2005 - payments to confidential informants)
"DEA officials state that without confidential sources, the DEA could
not effectively enforce the controlled substances laws of the United
States. Confidential sources come from all walks of life and are
significant to initiating investigations and providing information or
services to facilitate arrests and seizures of drugs and cash. According
to the DEA, it has approximately 4,000 active confidential sources at
any one time."
(1998 - cocaine production and interception)
"As far as trafficking is concerned, a comparison with the interception
rate of opiates in 1998 (17%), makes the interception rate of 46%
reported for cocaine for the same year appear extremely high. Assuming a
similar volume of seizures in 1999, the rate would be even higher
(50%). For the reasons mentioned above, there are thus some doubts about
the accuracy of the total potential cocaine production reported during
the past few years (765 mt in 1999)."
(1998 - cocaine and Colombia)
In spite of US expenditures of $625 million in counter narcotics
operations in Colombia between 1990 and 1998, Colombia was able to
surpass Peru and Bolivia to become the world's largest coca producer.
Additionally, "there has not been a net reduction in processing or
exporting refined cocaine from Colombia or in cocaine availability
within the United States."
(2007 - price of heroin)
In 2007, a kilogram of heroin no. 3 typically sold for an average
wholesale price of $2,520 in Pakistan; the average 2005 per-kilogram
wholesale price of heroin no. 4 in that country equaled approximately
$4,159. The 2007 wholesale price for a kilogram of heroin in Afghanistan
ranged around $2,405. In Colombia, a kilogram of heroin no. 4 typically
sold for $9,992 wholesale in 2006. In the United States in 2007, a
kilogram of heroin no. 4 cost an average of $71,200 wholesale.
Interdiction - Research
(flaws in U.S.-Mexico strategies) "One flaw of current
U.S.-Mexico strategy is the false presumption that international
trafficking of drugs, guns, and cash can be effectively addressed
through interdiction, particularly along the nearly two thousand- mile
U.S.-Mexico border. After a three-decade effort to beef up security, the
border is more heavily fortified than at any point since the
U.S.-Mexico war of 1846–48. The United States has deployed more than
twenty thousand border patrol agents and built hundreds of miles of
fencing equipped with high-tech surveillance equipment, all at an annual
cost of tens of billions of dollars. Although this massive security
buildup at the border has yielded the highest possible operational
control, the damage to Mexico’s drug cartels caused by border
interdiction has been inconsequential.43 Meanwhile,
heightened interdiction at the border has had several unintended
consequences, including added hassles and delays that obstruct billions
of dollars in legitimate commerce each year, the expansion and increased
sophistication of cross-border smuggling operations, and greater U.S.
vulnerability to attacks and even infiltration by traffickers.44
Further efforts to beef up the border through more patrolling and
fencing will have diminishing returns, and will likely cause more
economic harm than gains in security for the struggling communities of
the border region.45"
(failure of law enforcement drug intervention)
"Based on the available English language scientific evidence, the
results of this systematic review suggest that an increase in drug law
enforcement interventions to disrupt drug markets is unlikely to reduce
drug market violence. Instead, from an evidence-based public policy
perspective and based on several decades of available data, the existing
scientific evidence suggests drug law enforcement contributes to gun
violence and high homicide rates and that increasingly sophisticated
methods of disrupting organizations involved in drug distribution could
paradoxically increase violence. In this context, and since drug
prohibition has not achieved its stated goals of reducing drug supply,
alternative regulatory models for drug control will be required if drug
market violence is to be substantially reduced."
Source:
Werb,
Dan; Rowell, Greg; Guyatt, Gordond; Kerr, Thomas; Montaner, Julioa;
Wood, Evan, "Effect of drug law enforcement on drug market violence: A
systemic review," International Journal of Drug Policy (London, United
Kingdom: International Harm Reduction Association: March 2011) Vol. 22,
Issue 2, p. 92.
http://www.ihra.net/files/2011/03/25/ICSDP_Violence_and_Enforcement_Repo...
Interdiction - Domestic Surveillance
(domestic surveillance - erosion of the Fourth Amendment)
"In recent years – in no small part as the result of the failed “war on
drugs” – Fourth Amendment principles have been steadily eroding. The
circumstances under which police and other government officials may
conduct warrantless searches has been rapidly expanding. The courts have
allowed for increased surveillance and searches on the nation’s
highways and at our “borders” (the legal definition of which actually
extends hundreds of miles inland from the actual border). And despite
the Constitution’s plain language covering “persons” and “effects,” the
courts have increasingly allowed for warrantless searches when we are
outside of our homes and “in public.” Here the courts have increasingly
found we have no “reasonable expectation” of privacy and that therefore
the Fourth Amendment does not apply."
(The Fourth Amendment to the U.S. Constitution) "The Fourth Amendment provides that
"The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated; and no Warrants shall issue but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
"In general, the amendment prohibits the government from conducting
unreasonable searches or seizures of “the people” and their property, in
most cases (subject to a number of exceptions) requiring a warrant
supported by a particularized description of the object of the search or
seizure.35 The term “search” refers to a governmental
infringement of an expectation of privacy that society is prepared to
consider reasonable, that is, under circumstances where an individual
reasonably expects that the privacy of his or her person, home, papers,
or effects are protected from uninvited intrusion.36 A “seizure” occurs when there is meaningful governmental interference in a property interest37 or intentional detention of a person.38 Searches and seizures can involve intangible as well as tangible things.39
"Government surveillance where there is no legitimate expectation of
privacy does not amount to a “search” within the meaning of the Fourth
Amendment and therefore carries no requirement for a warrant, probable
cause, or even any semblance of reasonableness."
Source:
Best,
Richard A., Jr.; Elsea, Jennifer K., "Satellite Surveillance: Domestic
Issues," Congressional Research Service (Washington, DC: Library of
Congress, January 13, 2011), p. 12.
http://www.fas.org/sgp/crs/intel/RL34421.pdf
(domestic surveillance - law - thermal imaging) "In Kyllo [v United States],
a federal agent used infrared thermal imaging equipment to compare the
heat emanating from a triplex unit to the heat signatures of other
nearby residences. Based in part on the equipment reading indicating
that the defendant’s home was warmer than the others, the agent obtained
a search warrant. Officers searched the home and seized marijuana
plants growing inside. The government argued that the Fourth Amendment
had no application, because the defendant had made no effort to conceal
the heat escaping the walls of his home and had no reasonable
expectation that passers-by would not take notice.
"The Supreme Court disagreed, 5-4, holding that the use of
sense-enhancing technology not in general public use, in order to reveal
details about the interior of a private home that could not otherwise
be ascertained without entering the home, constitutes a search. The
majority placed great emphasis on the fact that the technique was aimed
at a private dwelling, yet it is not clear from the decision whether (or
why) the use of such technology against a barn or private office should
yield a different result."
Source:
Best,
Richard A., Jr.; Elsea, Jennifer K., "Satellite Surveillance: Domestic
Issues," Congressional Research Service (Washington, DC: Library of
Congress, January 13, 2011), p. 15.
http://www.fas.org/sgp/crs/intel/RL34421.pdf
(domestic surveillance - law - helicopter surveillance) "The Supreme Court addressed whether an observation made from a low-flying helicopter constituted a search in Florida v. Riley,58
a plurality concluding that it did not. At issue was the use of a
police helicopter, hovering at 400 feet (an altitude prohibited for
fixed-wing aircraft), to observe, through an opening in a greenhouse
roof, marijuana growing inside. The plurality read [California v.] Ciraolo
as establishing that so long as there was no breach of the Federal
Aviation Agency (FAA) safety regulations, the property owner had no
legitimate reason to expect privacy with respect to non-intimate
activities undertaken in the curtilage of his home that were plainly
visible from above. Five justices would have preferred to consider how
often members of the public actually make low-altitude helicopter
flights over populated areas in determining whether the claimed
expectation of privacy was reasonable. The plurality suggested that
surveillance overflights that comply with FAA regulations might
nevertheless constitute searches if they were to involve “undue noise,
[] wind, dust, or threat of injury” or to reveal “intimate details
connected with the use of the home or curtilage.”9"
Source:
Best,
Richard A., Jr.; Elsea, Jennifer K., "Satellite Surveillance: Domestic
Issues," Congressional Research Service (Washington, DC: Library of
Congress, January 13, 2011), p. 15.
http://www.fas.org/sgp/crs/intel/RL34421.pdf
(domestic surveillance - Patriot Act) "Although the United States has a history of reactionary and repressive behavior in a crisis,221
the USA PATRIOT Act (“Unifying and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism”) may
prove to be the broadest, wholesale threat to civil liberties in the
nation’s history. Passed just six weeks after the September 11 attacks,
without congressional hearings and floor debate,222 the voluminous piece of legislation grants to law enforcement many coveted, but previously rejected, powers.223
Since most of its provisions amend and modify existing laws, it is a
bill that cannot be read, but only deciphered and analyzed."
Source:
Ashdown,
Gerald G., "The Blueing of America: The Bridge Between the War on Drugs
and the War on Terrorism," University of Pittsburgh Law Review
(Pittsburgh, PA: University of Pittsburgh School of Law, Summer 2006)
Vol. 67, Issue 4, p. 784.
http://lawreview.law.pitt.edu/issues/67/67.4/Ashdown.pdf
(domestic surveillance - information gathering on peaceful activities)
"A secret Pentagon database obtained by NBC News, parts of which were
published in December 2005, had revealed that nearly four dozen peaceful
political gatherings, most of which were aimed at protesting military
recruitment or the war in Iraq, were included among more than 1500
“suspicious incidents” reported across the United States. (Lisa Myers et al., Is The Pentagon Spying on Americans? MSNBC.com, Dec. 14, 2005.)
Subsequent news reports revealed that a highly secretive component of
the Department of Defense, the Count