SOCA: is this Britains FBI?

Early last year, Prime Minister Tony Blair unveiled details of an “elite squad” of specialist investigators that will take on the not inconsiderable challenge of fighting modern, organised crime in the 21st Century.

Swiftly dubbed the British version of the Federal Bureau of Investigations (FBI) by certain sections of the media, the Serious Organised Crime Agency (SOCA) brings together the responsibilities once shared by the National Criminal Intelligence Service (NCIS) and the National Crime Squad (NCS), while also taking on organised crime investigations previously handled by the immigration service and Her Majesty’s Customs and Excise (the latter’s duties having mainly centred on investigation and intelligence responsibilities in tackling drug trafficking and money laundering).

An official Home Office statement issued at the time of SOCA’s ‘launch’ in February 2004 said: “Modern day organised criminals operate across global networks using high-tech communication mediums. The SOCA will exploit 21st Century technology to uncover the new wave of crime bosses whose lucrative, illegal enterprises range from drug trafficking and people smuggling to fraud and money laundering” (see panel ‘Organised crime: drug trafficking and people smuggling’).

(Then) Home Secretary David Blunkett also threw his full political muscle behind the new Agency. In the same statement, Blunkett commented: “Organised criminals believe they are beyond the reach of justice and therefore out of our sights. That is not the case. No-one should be untraceable, and no-one should be untouchable. The new agency will focus on tracking them down.”

Blunkett added: “Today’s criminals are sophisticated and well-resourced entrepreneurs. We need to respond to that fact, harness the skills of non-traditional investigators like accountants, legal experts and computer analysts and combine them with those of our world class detectives and intelligence officers. The SOCA will work closely with police forces while taking on the country’s responsibility for combating national and international criminal groups.”

Leading the fight against crime

The former head of MI5, Sir Stephen Lander, and one of the UK’s foremost police officers – Bill Hughes – are set to lead the fight against organised crime.

Lander has been appointed chair of the SOCA, and will be responsible for setting the organisation’s vision and strategy. As director general, Hughes is tasked with implementing the devised strategy through the operation and management of the organisation.

From 1996-2002, Lander served as director general of the Security Service and is currently independent commissioner to the Law Society. He’s also a non-executive director of Her Majesty’s Customs and Excise. Bill Hughes was appointed director general of the National Crime Squad in January 2001. Major successes for that organisation in the past year alone have seen over 33,000 kgs of drugs removed from the UK’s streets, the seizure of more than £3.7 million worth of the proceeds of crime assets and the dismantling (and disruption) of more than 290 serious criminal enterprises.

Initial estimates suggest that the SOCA – which is not expected to be fully operational until 2006 – will employ 5,000-plus officers and support staff. Although ultimately funded by the taxpayer, unlike local forces whose backing is derived from a combination of central grants and a local authority precept, SOCA – the foundations of which lie in the Serious Organised Crime and Police Act 2005, which came into effect on 1 August – is to be funded directly by central Government. The annual budget is likely to be in the region of “hundreds of millions of pounds”.

To put this into perspective, the NCIS most recently numbered 1,200 staff among the ranks and was granted an annual budget of £93 million, while the NCS has 1,330 detectives, 400-plus support staff and a budget of £130 million. Her Majesty’s Customs and Excise Department is funded to the tune of £1 billion, with 1,850 officers in several different ‘arms’ addressing fraud and other facets of cross-border criminality.

Suspect funds and skills warnings

Industry reaction to the formation of SOCA has been somewhat mixed. For its part, the Metropolitan Police Service has welcomed the news. Assistant Commissioner Tarique Ghaffur told SMT: “London’s communities are blighted by organised criminal networks, which have both an international and national dimension to them. We are determined to work closely with the SOCA to ensure that there is a faster and far more flexible approach to dealing with this menace.”

Ghaffur is a member of Commissioner Sir Ian Blair’s chief officer team with direct responsibility for the Specialist Crime Directorate. He is the highest-ranking Asian police officer in the United Kingdom, having achieved chief constable status in 2001.

Ghaffur’s current responsibilities encompass homicide investigations, serious gun crimes, Class A drug abuse, children as victims, the Flying Squad, Economic and Public Sector crimes, organised and serious crimes, the Directorate of Intelligence, the Forensic Science Service and the Crime Academy.

Professor Gloria Laycock of The Jill Dando Crime Institute is equally positive. Laycock feels that the adoption of a single body will “alleviate rivalries between the various and different agencies fighting crime across Britain. Given that criminals grab opportunities as they arise and move swiftly, we need to be much quicker with our reactions.” Singing from the same hymn sheet, Roy Ramm – former head of the Organised Crime Unit – believes the changes in structure “will make an enormous difference” and are “long overdue”.

However, Jan Berry – national chair of the Police Federation of England and Wales, which represents the rank and file officers – is a little more sceptical. In conversation with Security Management Today, Berry said: “Elitism has no place in British policing. We could well see a serious skills loss across the 43 police forces in England and Wales, with the Cream of the Crop being taken to fill places in the SOCA.”

In a similar vein, ACPO representatives are insisting upon the Government ensuring that the Agency avoids US-style arguments between ‘feds’ and local police, and that there is no direct comparison with the structure and operation of the FBI (the investigative arm of the US Department of Justice).

The FBI boasts 11,000 ‘Special Agents’ and 16,000 professional support personnel. Its headquarters in Washington oversees 56 field offices and 400 satellite offices (otherwise known as ‘resident agencies’). The organisation’s Mission Statement includes upholding the law through the investigation of violations of federal criminal law, and protecting the US from foreign intelligence and terrorist activities. It does not see itself as a national police force, but rather as “one of 32 federal agencies with structured and defined law enforcement responsibilities.”

For its part, the SOCA will have the power to make its own arrests, but will also provide intelligence to a given local police force and leave the prosecution procedure to them. Unlike the FBI, what the SOCA will not deal with is either terrorism or murder cases.

Several sceptics have suggested that the entire premise behind the SOCA is an attempt to cut costs. There will be lots of overlap in the new, merged entity, they claim, with new contracts for agents. Many experienced officers will return to their own forces rather than face continual uncertainty. In a couple of years’ time, sceptics suggest, the SOCA will be recruiting directly ‘from the streets’, and the body will therefore be diluted in quality.

What is wrong with the existing structures of the NICS, the NCS and Her Majesty’s Customs and Excise? Is it that they are too expensive in view of the looming pensions crisis in the public sector, which is now eating up huge amounts of law enforcement budget?

Lessons from joint operations

Officers from the Scottish Drug Enforcement Agency (SDEA) recently seized cannabis with a street value of £24 million aboard a fishing trawler just off the coast of Spain. As a result, one of the largest-ever organised crime rings in Scotland’s history had been broken up.

The operation was jointly executed by the SDEA, the Spanish authorities, Europol, Her Majesty’s Customs and Excise and the NCIS under the auspices of the European Union’s Eurojust Agency. This is one of the biggest successes of the SDEA to date.

During 2004-2005, SDEA Task Force operations resulted in over £30 million of realisable assets being identified and reported to the appropriate authorities. The Agency also seized Class A drugs – including heroin, cocaine and ecstasy – with a street value of over £22 million. Impressive results indeed.

The aforementioned Serious Organised Crime and Police Act 2005 sets out the SOCA’s constitution, functions, general powers and relationships with Government ministers, as well as providing for the transfer of staff to SOCA and pinpointing the procedures for investigating complaints and misconduct.

The SOCA, then, follows in the successful footsteps of the SDEA, itself established back in 2001. SDEA director Graeme Pearson has been clear on the fact that he effectively wants the SDEA to be Scotland’s equivalent of the FBI in the States, with independence from police forces to recruit personnel and to have its own ‘armoury’. The SDEA also wants to extend its remit beyond pure drug enforcement duties to fighting international crime gangs.

Of late, the SDEA has received excellent reports from Interpol and Europol. When you look at the hard facts it’s not difficult to see why. On 1 July, Pearson announced to the national media that seizures of Class A drugs (including heroin and cocaine) have more than tripled in the past 12 months.

There has also been a dramatic fall in the seizure of Class B drugs, but that is due to the reclassification of cannabis from Class B to Class C in January 2004.

No less than £30 million of criminal assets have also been identified (see panel ‘Anti-drug trafficking ‘hit squads’ want to carry firearms’).

Covering the major issues

In an exclusive interview, Security Management Today (SMT) questioned Graeme Pearson on numerous issues to see if the SOCA’s chief brokers – Landers and Hughes – might learn anything from experiences to date north of the border...

Security Management Today (SMT): Why is SOCA needed? Surely there are plenty of agencies already in existence that can deal just as efficiently and effectively with such matters?

Graeme Pearson (GP): “International crime is a serious business undertaking for its operators. That being the case, the police service needs to anticipate the next crime penetration in their territory. Basically, law enforcement must raise the risk factor for organised crime gangs.

“Above all, organised crime is big business run along many of the same lines as bona fide commercial operations. These criminals adopt all of the approaches and methods used by major companies. In fact, an analysis of organised crime would make for a good fit with a business model produced by any academic centre in the country.

“However, no chief constable will view international crime as the Number One priority for his or her force. The reasons for that are perfectly understandable. The creation of the SOCA means that a single, senior officer will now oversee international crime as it affects the whole of the UK, and develop a strategy for dealing with it.

“In so far as Scotland and Northern Ireland are concerned, the existing and well-established law enforcement arrangements for tackling the highest levels of criminality will compliment the work of the new Agency.”

SMT: From your own point of view, what exactly is meant by – or defined within – the term ‘organised crime’?

GP: “Interpol defines organised crime as: ‘Any enterprise or group of persons engaged in a continuing illegal activity which has as its primary purpose the generation of profits, irrespective of national boundaries’.

Elitism has no place in British policing. We could well see a grave skills loss across the 43 police forces in England and Wales, with the Cream of the Crop being taken to fill places in the SOCA

JAN BERRY, POLICE FEDERATION

“The biggest criminal organisations are the Triads and the Yakuza, Russian organised groups hailing from the territories of the former Soviet Union, the Italian Mafia and the South American cartels. All of these groups operate within the UK, as do several major gangs of British origin.

“Clearly, these criminals will not cease doing what they do of their own accord. They need to be stopped. In reality, the globalisation of crime has occurred at exactly the same time as the globalisation of markets and economies. Cheap flights are available for the criminals, while the Internet is a favoured communications network.

“The ‘simple’ task of the SOCA – and of the SDEA – is to prevent our country from becoming a market for international crime by creating as hostile an environment as possible in which organised crime groups will be forced to operate.”

SMT: It has been said that organised crime operates in the same fashion as other strands of international business. How true is that, and how is this ‘feat’ accomplished in the real world?

GP: “Organised crime may begin its entry into an area with human trafficking. If this proves to be feasible, gangs will then follow-up on this with more ‘commodities’ (this time in the form of drugs, guns and counterfeit goods, etc).

“The criminals have a full spectrum of dishonest activities, and will drive them into receptive markets.

“Organised crime has undoubtedly entered a new phase. One that is driven by increased mobility. The major players spot a business opportunity and exploit it by entering on the ground level and controlling the given activity as it develops. An excellent example of this is the ‘explosion’ of gambling in Las Vegas, which when all’s said and done was driven from the outset by organised crime.”

SMT: Europol has described the SDEA as being the best working example across Europe of a fully-integrated crime-fighting agency. What can the SOCA’s leaders learn from the expertise shown by your organisation?

GP: “I am immensely proud of the relationships we have cultivated with Europol, Eurojust and Interpol. They have largely been brought about by mutual understanding, clear and well-defined lines of communication and, obviously, close co-operation at all times.

“As a member of both the SOCA Core Group and the Steering Group, I have attempted to share my own experiences with colleagues which will hopefully benefit future activities.

“I wouldn’t presume to say that the SDEA is a model of excellence in all areas of our relationships with international partners, but I do think we have a lot to offer in this respect.”

SMT: What do senior members of the police service think about the SOCA?

GP: “In the case of the SDEA, the Association of Chief Police Officers in Scotland (ACPOS) has been – and continues to be – extremely supportive of our vision and objectives. ACPOS is, of course, directly engaged in overseeing the organisation through my own involvement on the ACPOS Council.

“With regard to the SOCA, the response has also been positive in Scotland, although there have been some understandable concerns over how SOCA will co-operate with the SDEA as the existing law enforcement agency with responsibility for tackling all serious organised crime north of the border.

“I strongly believe that the SOCA model represents the right concept. The main task at this stage in its development is to reduce any obstacles that the various partners may encounter as a result of their internal management structures. It is important that the shape of SOCA is just right.”

SMT: Are there genuine parallels between SOCA and the FBI, as some commentators have suggested? Certain members of the national press have already labelled the SOCA “Britain’s answer to the FBI”...

GP: “To my mind, the parallels being drawn with the FBI are not particularly relevant. Yes, there are similarities. Certainly in as much as the SOCA will be a nationwide concern. However, there are many important differences. It’s fair to say that the SOCA is probably best thought of as a fresh approach.”

SMT: Who will provide the political direction for the SOCA? At present, the Home Office directs police services in England and Wales, of course, while local Police Boards perform the same role in Scotland... What’s going to happen?

GP: “This is a hugely important point, bearing in mind that top criminals routinely work across borders, whether within the UK or internationally. Ultimately, Home Secretary Charles Clarke will determine the strategic priorities for the SOCA. That said, these priorities must be formally agreed with Scottish ministers. The exact same obligation applies to any performance targets that are set, as well as any functions or activities of the SOCA that are to be exercised or carried out in Scotland, or which relate to Scotland.

“The SOCA will be able to operate anywhere in the UK, but may only carry out activities in Scotland in relation to an offence which it suspects has been committed or is being committed there. However, the SOCA must have the agreement of the Lord Advocate, and has to comply with directions it may receive from either the Lord Advocate or the Procurator Fiscal. This will ensure that prosecutions are not lost because of procedural mistakes.”

SMT: One of the powers of the SOCA is its ability to designate a member of staff as a person having the powers of a constable, an officer of Revenue and Customs or an immigration official. In your experience, will this be an advantage?

GP: “This is certainly a new approach, and one that will not be without concerns being voiced regarding, for example, the diminution of the long-standing status of the office of ‘constable’. That said, I think this approach may well succeed if it enhances co-operation across the law enforcement community.

“Again, I believe a particular strength of the SDEA lies in its inter-agency working arrangements wherein there are clear lines of communication and accountability. This will be enhanced still further with the creation of the Scottish Law Enforcement Campus whereupon agencies will share a common site, not to mention common offices.

“That said, there are no plans to change the status of the staff of each of the constituent agencies. We will remain police officers and revenue customs officers, etc.”

SMT: Does this power to designate have any effect in Scotland and Northern Ireland, bearing in mind the different legal and policing systems?

GP: “The answer is ‘Yes’. If so agreed by the director of the Scottish Drug Enforcement Agency and the SOCA, a relevant person may exercise the powers and privileges in Scotland in connection with a particular operation. The same applies to Northern Ireland, where agreement needs to be obtained directly from the chief constable of the police service.”

SMT: The SDEA is already experienced in cross-agency operations. Will you be prepared to release any of your own officers to work on SOCA business?

GP: “Yes. The SDEA will work as closely as it possibly can alongside the SOCA regarding operations in Scotland.”

SMT: The Serious Organised Crime and Police Act 2005 directs the Security Service to work closely with the SOCA in supporting its own work aimed at combating serious, organised crime. Does this already happen with the SDEA?

GP: “It’s true that the various national intelligence gathering agencies already work closely together. The Act now maintains this link on a formal basis.

“It must also be remembered that MI5 does not act independently in the investigation of serious crime, but rather becomes involved only when tasked to do so by the relevant law enforcement agencies.”

SMT: One of the main concerns surrounding the SOCA focuses on its ability to work alongside existing law enforcement agencies in the UK. How will this transition come about?

Are there also lessons to be learned here from the start-up of the SDEA?

GP: “As director general of the SOCA, Bill Hughes has already stated that relationships will be about co-operation. It’s pretty evident that, as an organisation, the SOCA will not be ‘parachuting down’ and causing problems.

“The SDEA found that local management rules needed to be adopted in order to cut through existing red tape. It is hugely important to push on in this direction. That’s my view of the world, anyway.”

SMT: How has the SDEA tackled organised crime in practice? Will some of your methods be adopted by the SOCA? After all, they have proven very successful...

GP: “Law enforcement is now exploiting the system that has previously enabled top level criminals to hide their assets.

“To my mind, the Proceeds of Crime Act is the best tool now available, marking a paradigm shift in the fight against organised crime. The SDEA has used this extensively, in turn disrupting the operations of organised criminal gangs.

“The rules have now been changed in favour of law enforcement. The SDEA works closely with Her Majesty’s Customs and Excise, the Inland Revenue, the Health and Safety Executive and Trading Standards bodies. Not to mention any other agencies who can bring pressure to bear upon criminal targets. The SOCA will do the same.”