Beating The Gangs.

Active Shooters: With more than two dozen gang-related drive-by shootings dominating (entirely justifiably) the headlines of the past few weeks, there would be something amiss with our democracy if at least one major political party did not raise the issues of law and order in the most aggressive fashion. (Photo Image: Freeze-frame from CCTV footage of American drive-by shooting.)

IT IS FASHIONABLE, in some quarters, to sneer at political parties who advance the issues of law and order in an election year. As if it is not one of the prime duties of the state to ensure that its citizens live in peace and safety. With more than two dozen gang-related drive-by shootings dominating (entirely justifiably) the headlines of the past few weeks, there would be something amiss with our democracy if at least one major political party did not raise the issues of law and order in the most aggressive fashion.

The National Party has done just that and, over the weekend, spelt out in some detail how it proposes to address the rising level of gang-related violence. For the most part the measures announced: banning the public wearing of gang patches; passing non-consorting legislation; issuing immediate dispersal orders; and empowering the Police to undertake unwarranted firearms searches/seizures; have been borrowed from the Australian states – most particularly, Western Australia.

National’s Police spokesperson, Mark Mitchell, insists that these measures have proved to be highly effective against the Australian gangs. Criminologists and lawyers beg to differ: arguing that the principal effect of this kind of highly intrusive law enforcement is to drive the gangs ever deeper underground. Meaningful engagement with the authorities is rendered even more difficult, and there is an amping-up of the aggro between the “outlaws” and “law-abiding” citizens.

The banning of gang patches, for example, is unlikely to slow down gang members for very long. The most obvious workaround for such a ban would be to substitute the wearing of coloured items for the banned patches. For many years, those associating themselves with the Mongrel Mob have worn red, while their traditional rivals, Black Power, have favoured blue. Any number of indicators might be used to denote a member’s position in the gang hierarchy: bandannas, tattoos, hats, belts, boots. It is hard to see how Parliament could ban the wearing of particular colours or items of clothing without inspiring all manner of legal challenges.

Laws forbidding certain classes of persons from consorting with one another have a long history. The rationale behind such laws is that since most serious crimes require careful organisation and planning, making it a criminal offence for known felons to be found in each other’s company would render the orchestration of criminal activity especially difficult. Australia’s anti-consorting laws not only make it illegal for criminals to communicate face-to-face, but also electronically. Telephoning, texting and e-mailing are verboten, along with social-media messaging and online meetings courtesy of Skype and Zoom.

The issuing of immediate dispersal orders, and the carrying out unwarranted firearm searches and seizures, raise all manner of health and safety objections. It would be a very brave collection of constables that would order a couple of hundred patched gang-members en route to a fallen brother’s funeral to turn their Harley-Davidsons around an go home. How, exactly, would they respond if the gang leader did a quick head-count of the officers present and politely informed them to stick their dispersal order where the sun don’t shine?

“Or you’ll what?”, is the oldest question in law enforcement. (Or politics, for that matter.) Throw a search for unlawful firearms into the situation described above and the potential for serious – even fatal – violence rises exponentially. Simple prudence would suggest that before attempting such measures the Police would first have to assemble an enforcement body of sufficient size and fearsomeness to give even the staunchest gang leader pause.

What’s more, such a force would have to be available more-or-less instantaneously. It took the NZ Police upwards of a week to assemble the 250-500 police officers needed to clear Parliament Grounds of its anti-vaccination protesters. Gang members are not going to sit on the side of the road for a week while the Police assemble a force equal to the task of disarming and dispersing them!

Building-up such a force is not impossible, but it will require a lot of officers, a lot money and a lot of time. What’s more, the existence of such a highly-trained and fearsomely-armed company of Police Praetorians may prove to be no less disconcerting than the gangs they were created to eliminate! Add to this unease the Bill of Rights ramifications of National’s draconian law enforcement proposals, and the chances of their early introduction are slim.

With the National Party Opposition so far declining to confirm the dramatic increase in Police numbers and resources required to implement its tough anti-gang policies, taking its promises seriously is rather difficult. More knee-jerk than needful, perhaps?

To make an appreciable dent in the gang phenomenon, it is necessary to address its principal raison d’être – the making of money. Risking injury, incarceration and death makes sense only when presented with the prospect of massive profits. Eliminating this incentive may be accomplished in two ways: Politicians can reduce the demand for illicit substances and/or services by legalising them. Or, law enforcement agencies can reduce dramatically the supply of these substances/services. This can be achieved by seizing the product, arresting the suppliers, smashing the distribution system, or, preferably, managing to do all three at the same time.

If this is your strategy, then it is brains you need, not brawn. The key to interdicting and reducing the supply of illegal substances/services is intelligence. Law enforcement needs to know where it is coming from and when, who will be carrying it and uplifting it, where it will be stored, and who will be organising its distribution. Discover these facts, and supply cannot help but be disrupted. What’s more, the management structure of the organised criminal enterprises involved will be seriously damaged. Two birds, one stone.

Disrupting supply in this way can be achieved in three ways: by persuading well-informed gangsters to inform on their confederates; by infiltrating undercover operatives into the heart of the criminal organisation; and by using state-of-the-art electronic surveillance techniques to intercept the communications of the criminal organisation. Preferably, all three of the techniques will be used by the Police. Certainly, this was how the five Mafia families of New York were brought down by the FBI in the 1980s.

The drive-by shootings currently plaguing Auckland are a reflection of a supply operation that has grown either too loose or too tight. Control of “the corners” (as they used to say in the TV series The Wire) is being contested by The Tribesmen and The Killer Beez because there is either an over-supply of product and one gang is attempting to seize the entire market for itself, or, there is a shortage of product and the two gangs are competing for the corners (distribution points) because until one or the other controls the lot, their respective operations will become increasingly unprofitable.

The National Party Opposition would be better employed talking to the Police Commissioner about the best ways to hack the communications of the distributors as well as the suppliers of illegal substances and services. It is difficult to shoot up somebody’s house if you are intercepted en route, your weapons confiscated, and you are sent down for criminal conspiracy to commit murder for five years.

In the immortal words of Sun Tzu: “Foreknowledge cannot be gotten from ghosts and spirits, cannot be had by analogy, cannot be found out by calculation. It must be obtained from people, people who know the conditions of the enemy.”

Gang violence will not be ended by politicians getting tougher, but by police officers getting smarter.

This essay was originally posted on the Interest.co.nz website on Monday, 13 June 2022.

Macho chest-beating won’t tame the gangs, but Poto Williams’ “softly, softly” approach just might.

Misdirection: New Zealanders see burly gang members, decked out in their patches, sitting astride their deafening motorcycles, cruising six abreast down the motorway as frightened civilians scramble to get out of their way, and they think these guys are the problem. Fact is, these guys represent little more than the misdirection of the criminal magicians no one ever gets to see.

THE GROWING CHORUS calling for Poto Williams to be sacked as Police Minister bespeaks a fundamental misreading of her performance. We are so used to bumptious males like Stuart Nash and Mark Mitchell holding (or seeking) this portfolio that we read Williams’ “softly, softly” approach as a sure-fire indication of failure. But, since when did inflated male chests, bombastic claims and political humbug ever bring about anything more useful than inflated poll-ratings? Since we have seen this noisy “Laura Norder” pantomime repeated over and over again, we can say with some confidence that it makes next to no impact on crime.

My impression of Williams is that she has spent the last 18 months searching desperately through all the available research/data for something that just might help her make a real difference. But, seeking to base government policy on something more substantial than rabid right-wing reckons is the very last thing an ambitious Police Minister should be doing. The tried and true methodology is to get the voters’ blood up with rhetoric red in tooth and claw. Then, while you’re doing that, task your officials with finding out what rabid right-wing police ministers overseas have settled upon as their solution to rising crime – and steal it.

Chances are that the real-world effects of these “solutions” will be pretty close to zero. But, since the research/data only proves their ineffectuality after a two-to-five year time-lag, this is of no political consequence. The voters have already watched the launch of the Government’s getting tough on crime initiatives on the six o’clock news, dutifully bumped the ruling party’s poll-ratings up a couple of percentage points, and then forgotten all about it – until the next crime wave. In response to which the entire pantomime will be re-staged. Same script, different actors.

What most people simply don’t understand is how sophisticated criminal offending has become. They see the burly gang members, decked out in their patches, sitting astride their deafening motorcycles, cruising six abreast down the motorway as frightened civilians scramble to get out of their way, and they think these guys are the problem. Fact is, these guys represent little more than the misdirection of the criminal magicians no one ever gets to see. While rival gangs are shooting up each other’s neighbourhoods, draining-off Police resources and thoroughly terrifying the public, core criminal business continues to be conducted largely unmolested.

The Guardian of 7 June reports the existence, in Australia, of “thousands” of members of the Italian Mafia, or, more specifically, the ‘Ndrangheta of Calabria. (That’s the “toe” of the boot-shaped Italian peninsula.) Hiding in plain sight in ordinary suburban communities, looking like any other Aussie, upwards of 5,000 of these criminals have been quietly plying their illegal trade for decades. According to the Australian Associated Press: “The Calabrian mafia work with other organised crime groups including bikie gangs and Asian or Middle Eastern crime groups to cooperate on drug importation, money laundering and violence.”

“It’s entirely possible that people will be living next door to members of the ‘Ndrangheta without knowing,” the Assistant Commissioner of the Australian Federal Police, Nigel Ryan, informed the media. “They’ve been able to stay under the radar while living modest lives in modest homes. They funnelled the illegitimate wealth into their legitimate construction, agricultural and catering businesses. In many ways, I would say that the ‘Ndrangheta are actually the ones pulling the strings of other organised crime groups, particularly the more violent groups, such as outlaw motorcycle gangs.”

As The Daily Blog’s Editor, Martyn Bradbury, has been telling his readers for many years, Australia’s harsh immigration regime is sending hundreds of New Zealand-born members or associates of these same violent outlaw motorcycle gangs across the Tasman as deportees. These “501s” have fundamentally changed the way New Zealand gangs do business, introducing a level of violence that had not hitherto been a feature of indigenous gang culture. It would be naïve in the extreme to assume that at least some of the ‘Ndrangheta’s string-pullers have not crossed the Tasman with them.

The Aussies run our largest banks, so why not our largest criminal enterprises? (If you’ll pardon the tautology!)

The same Guardian article also makes reference to the extraordinary law enforcement coup that saw organised criminals around the world avail themselves of a supposedly unbreakable encryption app called “ANoM”. Little did the crooks know that their every conversation, every text, every e-mail, every JPEG was being copied to the international law-enforcement inventors of ANoM.

“Officers gathered intelligence from the ANoM app to understand how transnational serious organised crime syndicates – including the ‘Ndrangheta – operate and communicate.”

Just how serious is the ‘Ndrangheta? According to Assistant Commissioner Ryan, Calabria’s organised criminals are “responsible for 70 to 80% of the world’s cocaine and they are flooding Australia with illicit drugs ….. They are pulling the strings of Australian outlaw motorcycle gangs who are behind some of the most significant violence in our communities.”

Ultimately, it is the sort of intelligence gathering exemplified by ANoM that will provide the Police with the information they need to push back against the criminal organisations already well-ensconced in New Zealand. If New Zealand’s Police Commissioner, Andrew Coster, is not working closely with Police Minister Poto Williams on this method of bringing not only the local outlaw motorcycle gangs, but also, their Calabrian, Columbian, Mexican, Chinese and Australian string-pullers into New Zealand courtrooms, then he bloody well should be! Undercover operatives and state-of-the-art electronic surveillance have been the key to the apprehension of organised criminals since the 1980s. “Eyes of Mordor” they might have been, but they brought down the Five Families.

Christopher Luxon and Mark Mitchell would do well to ponder the possibility that the recent spate of drive-by shootings may actually be intended to divert Police resources away from the string-pullers. In calling for Poto Williams’ head, they may be doing the very thing that would most assist the real criminal masterminds. If this is the case, then a sudden reduction in drive-by shootings will not be a sign of Police success, but proof that the wise-guys are once again conducting their criminal enterprises in the preferred manner.

Quietly, without being noticed.

This essay was originally posted on The Daily Blog of Thursday, 9 June 2022.