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Facilitators of criminal networks

About facilitators in the public and private sectors. English summary of report 2024:2

This report studies facilitators in the legal sector who provide assistance to criminal networks. A facilitator is here defined as someone misusing his or her position or mandate in local government or the public or private sectors in order to benefit criminal networks.

About the publication

Author
Johanna Skinnari, Karolina Hurve and Andrea Monti
Other information
© Brottsförebyggande rådet 2024
urn:nbn:se:bra-1204
Report 2024:2

Summary

What tasks do facilitators perform?

Our study suggests that many members of criminal networks appear to have a substantial interest in using facilitators. Access to such facilitators is limited, but they can be found in all studied sectors. These mainly include the criminal justice system, numerous local government administrations, banking and finance, real estate, incorporation, bookkeeping and accounting services, legal services, security and surveillance, and transport. Overall, the identified cases occur in most regions of Sweden. This is therefore not solely a metropolitan phenomenon. The degree of activity among the identified facilitators ranges from sporadic, brief assistance to long-term and frequent assistance provided to numerous members of different criminal networks.

The material as a whole shows that, in some areas, facilitators are more likely to assist criminal networks. Such professionals have frequent contacts with criminal actors, are exposed to threats or other pressure to a significant degree or receive remuneration that is tied to their number of clients. Facilitators mainly provide information to members of criminal networks, which is in line with previous studies. This information can be of very different kinds, including sensitive personal data, information about what public authorities or municipalities know about a criminal network, or more strategic information regarding potential criminal activity. Such information may also consist of warnings or instructions relayed to the criminal network from detained or imprisoned members. Such information allows them to coordinate their testimony and complicate investigations. One important observation is that information sought from facilitators need not be secret to be valuable. Rather, accumulated information and insider knowledge makes such information sensitive and useful to members of criminal networks.

Professionals also facilitate logistics by smuggling, transporting or storing illegal goods. Facilitators may also create legitimate covers by generating credible documentation or certificates, or by providing companies which are used to commit crimes, as well as by identifying criminal schemes which appear as legitimate business activity. In some cases, facilitators are also needed to handle criminal proceeds, which public anti-money laundering measures have made more difficult for criminal networks. Finally, some facilitators even issue favourable decisions - they deviate from procurement procedures or other important decisions, fail to report crimes, or facilitate improper payments from welfare systems or the private sector.

Our survey shows the facilitators are asked to perform a broad array of tasks of varying complexity. These range from logistical tasks, which the criminal network might have performed on its own or learned, to complex assignments which only a facilitator could perform, especially influencing the outcome of certain decisions and accessing sensitive information.

How do criminal networks identify, recruit and retain facilitators?

Members of criminal networks vary in their ability to identify, recruit and retain facilitators. Most individuals have limited contacts and opportunities, but some are able to develop new contacts and create favourable opportunities for encountering potential facilitators who are amenable to persuasion. Regardless of ability, everyone seems to begin by searching, in their own network and the networks of those close to them, for contacts with legal-related positions or mandates that might be exploitable. Among the cases that have been detected, many involve facilitators who are related to members of criminal networks, but childhood friends and customers of members criminal networks are also common, while being more difficult to detect. In some cases, facilitators encounter criminals while engaging in side jobs, e.g., secondary employment or non-profit work.

Our study shows that securing facilitators confers status among members of criminal networks. Even when the information provided by the facilitator is widely shared or their decisions benefit numerous network members, such a contact is jealously guarded. Facilitators thus often remain anonymous vis-à-vis others in the network. Ensuring that this relationship appears exclusive is also a means of recruiting facilitators. The most cunning operators build such relationships over time, doing fun things together with the facilitator or showing off a luxury lifestyle. The criminal element is downplayed or trivialised, in order to give the facilitator a false impression of the risks and harm involved in providing assistance. In some cases, criminals encourage potential facilitators to believe that their abilities are not sufficiently appreciated at work in order to flatter them or turn them against their employer.

Facilitators can be men or women. Their motives for facilitating criminal activity can vary. The present study identifies four different types of facilitators: manipulated, developed, profit driven and placed. Manipulated facilitators often provide assistance to members of criminal networks without being aware. While seeking to do the right thing, they are fooled into helping. Such individuals often work in client-centred professions, such as the Prison and Probation Service or social services. Developed facilitators are the largest category in the material. They started their position without any plan to become facilitators, but are contacted as a result of it.

Profit driven facilitators accept bribes or fees to provide assistance, and they are extremely conscious of what they are doing. Such facilitators often carry out assignments for several different individuals, and sometimes for different criminal networks. Despite the advantages of having an exclusive relationship with a facilitator, members of criminal networks do tolerate facilitators who provide assistance to others, especially when the facilitator has unusual knowledge which could expand the network's criminal business activities or affect penalties or other sanctions. Finally, placed facilitators, referred to as infiltrators in some previous studies, have been encouraged or, in rare cases, volunteered to apply for a job or assignment in order to serve as a facilitator. These individuals are rarely members of the network, but can be found on its periphery or among its members’ closest contacts (family, immediate relatives, childhood friends).

Manipulated and developed facilitators have particularly unequal relationships with the member of the criminal network. The latter decides and directs, despite the initial appearance of a pleasant and friendly relation. To maintain this relationship, the member of a criminal network may place regular orders and keep in close contact with the facilitator.

Our study suggests that facilitators have a hard time quitting, especially if they did not have a close relationship with the member of criminal network beforehand. Threats and other pressure are applied, in particular to expose the facilitator to his/her employer. The intimidation capital of the criminal network also makes it difficult to say no, once one has become a facilitator.

What impact do facilitators have on workplace activities and the working environment?

Facilitators can enable, streamline and diversify criminal business activities, putting more people at risk of crime. They can also make crimes more difficult to detect, permitting them to continue for longer periods. In addition, such behaviour can have serious consequences for the organisations where facilitators work. In some cases included in the study, incorrect decisions were taken and confidential personal data were disclosed, impacting the ability of several organisations to perform their assignments. The most serious damage is seen in the criminal justice system and social services, where victims of crime and vulnerable people are affected, and rule of law as well as the so-called social contract are ultimately threatened.

Even if only a few instances have been detected, they can diminish trust in the organisation in question, causing damage that therefore exceeds any immediate economic loss. Public services, in particular, require the trust of the citizenry. Public and private sector actors engaged in collaboration must also be able to trust each other. Otherwise, the isolated cases with serious consequences that have been detected risk reducing actors’ willingness to share information. Finally, such activities have a negative impact on the working environment. The interviews illustrate how the activities of facilitators can sow distrust and anxiety among colleagues and managers.

How do employers prevent, detect and manage facilitators?

This study shows that it is difficult for employers to detect and investigate facilitators. Employers have various degrees of experience with such investigations and varying degrees of authority to carry them out. Employers in the criminal justice system have extensive capabilities, while smaller municipalities rarely have designated functions for such work. In the private sector, the possibilities for investigation can vary greatly, depending on the nature of the activity, the size of the company, etc.

Some interviewees request greater powers to carry out background checks during recruitment and employment. Others question the effectiveness of the controls. However, many interviewees agree on the importance of following recruitment procedures, with a particular focus on asking the right questions at interviews along with careful reference and CV checks. The aim is to identify vulnerabilities, but these also change during the course of employment. Moreover, the findings suggest that many facilitators receive requests from criminal networks after being hired.

Facilitators rarely speak with employers about their situation and what they have done. More often, colleagues or line managers take notice and pass on such information internally. Employers also react differently to indications that something is amiss, and interviewees describe having to push and pester before such indications are investigated further in some cases. Larger and more experienced employers may be better prepared, with established systems to detect new irregularities, including facilitators. This often involves monitoring or conducting searches in transaction flows and data logs, or reviewing different types of irregularities which have been flagged in business systems. Such employers may also have more clearly indicated channels for internal and external reporting of suspected irregularities. Law enforcement agencies, when suspicions of contact with criminal networks arise in the course of their work, can also report cases or employees.

With some exceptions (including the criminal justice system, major banks and other actors with established internal investigation functions and good access to data), employers generally find it difficult to investigate reports and indications concerning facilitators. Criminal investigation authorities hold the mandate to investigate, but they are not always notified. In addition, a preliminary investigation is not always carried about, and cases are often less prioritised than more serious crimes. The likelihood of launching a criminal investigation increases when informal preliminary contact with the police is made to discuss the matter. Without a criminal investigation, cases involving facilitators are often dealt with under labour law by dismissing or offering the person a financial settlement to terminate their employment. In some professions, associations, licensing services and disciplinary boards can take strong action, especially against professionals who have violated existing codes of conduct or regulations. Such bodies generally have little investigative capability, and rely on reports from within their industry or from the criminal justice system. They can demand rectification, or bar people from the profession.

 

Brå's assessment

This study shows that few cases are further investigated by the criminal justice system. Employer investigations are often more limited than criminal investigations, and information about what happened and who was involved is thus lacking. Brå deems this to be particularly serious, since the encrypted chat messages indicate that facilitators play an important role for the criminal networks they assist. Such assistance involves improving the ability of criminal networks to adapt to the expanded oversight and investigation powers of authorities and municipalities and strengthened cooperation as well as developing and diversifying their criminal business activities. The chat messages also indicate that facilitators receive bribes and other payments to an extent that is greater than previously thought.

Brå deems it important for employers to avoid creating disloyalty by carrying out ineffective countermeasures or controls which backfire and create mistrust. This is because members of criminal networks actively seek to create disloyalty among employees and contractors whom they recruit as facilitators. Employers must also communicate and explain the prevention and mitigation strategies being implemented.

Policy makers need to clarify rules and expand employers' investigation powers

There is currently some uncertainty regarding how employers may investigate internal irregularities, including facilitators. This uncertainty also concerns whether, when and to what extent whole groups of staff or existing employees may be subject to background checks. Some of this ambiguity relates to the fact that employers have not carried out clear risk analyses for their organisations, addressing the risk posed by facilitators and any potential harm to the organisation. Background checks and other controls must also be weighed against other operational aspects, such as cost and efficiency. This study illustrates the difficulty in knowing how to weigh privacy interests against the public interest in these matters. Such assessments guide both the use and scope of background checks. The results of this study also suggest that extended powers for employers to secure evidence may be necessary. This includes, for example, analysing logs or the content of employee equipment (computers and phones) used by suspected facilitators.

The study shows that employers are relatively well placed to investigate and take action against facilitators who have been placed in a security class. Taking action against employees who are not placed in a security class is significantly more difficult. Many of the facilitators in this study processed large amounts of sensitive information or were operators subject to reporting requirements under the Anti-Money Laundering Act (i.e., held control responsibility, which is used not least in the fight against organised crime), without having been placed in a security class. Brå deems that background checks and monitoring may be needed for certain professional roles where this does not seem authorised at present. In particular, this applies to certain individuals with particularly sensitive public sector jobs, even if they do not necessarily require the same level of protection as those in classified positions.

The study also shows that some employers are less interested in or willing to report suspected offences to the police. Public sector actors have a reporting obligation, under the Act on Official Employment (1994:260), to report certain suspected offences. This obligation does not include municipalities, but based on our findings, facilitators in this sector should also be reported to the police and investigated.

Employers must bring an organisational perspective to bear on the problem of facilitators

Employers must consider the interest of criminal networks (and other actors) in facilitators when carrying out risk and/or protective security analyses. Any risks identified must be linked to positions or classes of positions while also being used to generate applicant profiles for new posts or terms of reference. The risk assessment should guide what authorisations are granted to the function in question, both on physical premises and in information systems. Reducing unnecessary access to sensitive or strategic information through access restriction reduces opportunities for facilitators.

Business managers, HR and security functions must also work together. Knowledge regarding which aspects of the work, or which workers and contractors, pose the greatest risk is often held internally. Security functions, on the other hand, often have an advantage in terms of their knowledge of criminal networks, how to analyse security risks and contacts to coordinate with police. HR, meanwhile, has internal expertise regarding recruitment, labour law and how employers must handle HR issues.

To identify relevant preventive measures and address facilitators that have been detected, the combined expertise of HR and security functions must be used to ensure that the questions posed at job interviews, performance appraisals and workplace meetings are relevant. These functions may view risks differently, so to ensure consensus and achieve results they must discuss specific measures, preferably based on specific (and perhaps hypothetical) cases. Having an exchange with other similar organisations is important in this regard. If one’s own cases are too sensitive to be shared, one can, e.g., take cases from media reports and translate them to one’s own organisation. The aim is to identify risks in the organisation, take preventive measures, and improve the ability to detect and investigate facilitators with the tools available to the organisation in question.

Investigating facilitators to a greater extent than today not only ensures that their actions are addressed by employers, the criminal justice system or the disciplinary boards of professional bodies. Such investigations also provide more knowledge that can be used in the investigatory toolbox - employers deemed unable to pursue the investigation can turn it over to the criminal justice system, or vice versa. Shortcomings revealed by an investigation may not be criminal, but if information is forwarded to the right actor it can nevertheless lead to the loss of an authorisation or licence. In workplaces, risks that can be addressed in both the short and long term must be identified.

Despite careful recruitment procedures and other preventive measures, some employees may become vulnerable to the efforts of criminal networks during their employment. The efforts of colleagues and line managers to detect vulnerabilities or perceive improper contacts with criminal networks are indispensable in this regard. Promoting engaged leadership and a psychologically safe workplace are important measures to catch signals before facilitators can commit crimes or offences that lead to labour law measures. Prevention and mitigation measures which can be adopted are described in greater detail in the last chapter of the report, “Prevention and Mitigation Measures”.

About the study

In this report, the Swedish National Council for Crime Prevention (Brå) presents a government assignment regarding facilitators in the legal sector who provide assistance to criminal networks. For the purposes of this report, a facilitator is defined as someone misusing his or her position or mandate in local government or the public or private sectors in order to benefit criminal networks. Our research is based on analyses of interviews, cases and encrypted chat messages from members of criminal networks.
Our study broadly confirms previous findings from Swedish and international research, particularly with regard to the tasks performed by facilitators. This report also presents a broader and more comprehensive picture of the conditions in Sweden. Unique data also provides us insight into areas not previously described.