The State Reaction: A Theory of Illicit Network Resilience
Transcription
The State Reaction: A Theory of Illicit Network Resilience
UNIVERSITY OF CALIFORNIA, IRVINE The State Reaction: A Theory of Illicit Network Resilience DISSERTATION submitted in partial satisfaction of the requirements for the degree of DOCTOR OF PHILOSOPHY in Political Science by Nathan Patrick Jones Dissertation Committee: Professor Caesar D. Sereseres, Co-Chair Professor Etel Solingen, Co-Chair Professor Louis Desipio Professor Kamal Sadiq 2011 UMI Number: 3490128 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent on the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. UMI 3490128 Copyright 2012 by ProQuest LLC. All rights reserved. This edition of the work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, MI 48106 - 1346 Copyright 2011 Nathan Patrick Jones DEDICATION To My Mother and Father Without your support this would not have been possible. ii TABLE OF CONTENTS List of Figures Page v List of Tables vi Acknowledgements vii Curriculum Vitae ix Abstract of Dissertation xxvi Chapter 1: Introduction 1 Chapter 2: Literature Review: Three Levels of Illicit Network Analysis: Internal, Domestic and Global 31 Chapter 3: Illicit Network Resilience: A Theory 73 Chapter 4: Methodology 99 Chapter 5: The Resilience of the Arellano-Félix Organization 117 Chapter 6: The US-Mexico Reaction to the Arellano Felix Organization 151 Chapter 7: Conclusion: A General Argument of Illicit Network Resilience 176 Bibliography 191 Appendix A: Organization Chart - Mexican Drug Trafficking 1980‟s (Cooperative and Centralized Under El Padrino) 234 Appendix B: AFO Structure Post 1991(Simplified) 235 Appendix C: Organizational Chart AFO 1991-1995 236 Appendix D: Organizational Chart AFO 1995-1997 237 Appendix E: Organizational Chart AFO 1997-2002 238 Appendix F 239 Organizational Chart AFO 2002-2006 iii Appendix G: Organization Chart AFO 2006-2008 240 Appendix H: Organization Chart Teo Faction 2008-January 2010 241 Appendix I: Fernando Sanchez Arellano Organization (FSO) April 2008-January 2010 242 Appendix J: AFO Reward Poster 243 Appendix K: AFO Reward Poster 2000‟s 244 Appendix L: Study Information Sheet 245 Appendix M: Interview Questionnaire 249 Appendix N: Interview Subject Chart 254 Appendix O: List of Acronyms and Glossary of Important Terms 247 Appendix P: Timeline of Major events in AFO History 257 Appendix Q: Large Mexican Drug Trafficking Organization by Business Model and Author‟s Present Perceived Strength Based on Media and Expert Accounts 2011 265 Appendix R: Cartel Arrest Data adapted from NPR examination of arrests 265 Appendix S: Cartel Bribe Data adapted from NPR analysis 267 Appendix T: The Extended State Reaction Model of Profit-Seeking Illicit Network Resilience 268 iv List of Figures Page Figure 1. Types of Illicit Networks 11 Figure 2. The State Reaction and Illicit Network Resilience 28 Figure 3. Chain, Wheel and All-Channel Networks 42 Figure 4. UNODC Pilot Study 2002 - Organizational Structure Models 45 Figure 5. Capillary and Double-Funnel Trafficking Models 65 Figure 6. Combining the Double-Funnel Model and the Wheel Network 67 Figure 7. Combining the Double-Funnel Model and the Chain Network 69 Figure 1. Types of Illicit Networks 77 Figure 8. The Relationship between Hierarchy and Business Model in Illicit Networks 81 Figure 9. Resilience Typology 86 Figure 2. The State Reaction and Illicit Network Resilience 90 Figure 10. Organization Chart - Mexican Drug Trafficking 1980‟s 123 Figure 11. AFO Structure Post-1991 (Simplified 130 Figure 12. Kidnappings in Tijuana 2006-September 2011 144 Figure 13. Kidnappings, Homicides and Extortions in Tijuana 2006-September 2011 168 Figure 14. Tijuana Homicides 2006-September 2011 169 v List of Tables Table 1. Territorial Versus Transactional: Business Strategy in 26 Areas 83 Table 2. Timeline of Major events in AFO History 118 vi Acknowledgments I would like to thank my advisors Caesar D. Sereseres and Etel Solingen for feedback, advice, and counseling through the long process of finishing a dissertation. The advice of advisors, both academic and personal, has proven critical to its completion. I cannot thank you both enough. I would like to thank my dissertation committee member Professor Louis Desipio for providing excellent feedback and being willing to jump on the committee to help us all in times of need. I would like to thank dissertation committee member Professor Kamal Sadiq for his enthusiasm, sage advice, and spearheading of all that is “Illicit Flows.” I am forever indebted to the men and women of law enforcement who dedicated their lives to the pursuit of justice and willingly made time for a young academic without reputation. Thank you for your time, advice, thoughts, expertise and giving me my start. I would like to reserve special thanks to my good friend Steve Duncan whose willingness to meet and discuss the dissertation was invaluable. I would like to thank the following people and institutions for their intellectual, financial and personal support: To my wife Sofia for her love, support and tolerating my long work hours and late nights. The Department of Political Science at UC Irvine for providing me time, funding and a well rounded intellectual foundation. Teaching my way through graduate school was one of the most intellectually rewarding experiences of my life. The Institute for Global Conflict and Cooperation (IGCC) for providing me the fellowship that made fieldwork in Tijuana and Mexico City possible. vii The Center for Global Peace and Conflict Studies (CGPACS) at UC Irvine for providing me a forum to receive feedback on my work and funding preliminary interview trips to Mexico and Washington, D.C. Colonel Cope of the National Defense University for allowing me to intern and soak up his wisdom both personally and substantively. David Shirk and Viridiana Rios of the Transborder Institute for their advice feedback and encouragement. The InsightCrime.org team for helping me to write better and publish regularly on crime and security in Mexico. Colegio De La Frontera Norte, Tijuana (COLEF) for providing me an intellectually vibrant place to base my fieldwork and write. Special thanks to Professor Rosio Barrajas for that most amazing of all gifts; my own office. I would like to thank Professor Jose Maria Ramos (my COLEF advisor) for taking me under his wing and letting me bounce ideas off of him for hours on end. Any errors are my own. viii Curriculum Vitae Nathan P. Jones [email protected] Education: UC Irvine 2004-2011 PhD in the Political Science focusing on international relations and security issues related to Latin America. Dissertation Title: The State Reaction: A Theory of Illicit Network Resilience. A historical case study of the illicit network structure and resiliency of the drug trafficking organization commonly referred to as the Tijuana cartel. PhD to be awarded Fall 2011. Masters Political Science Fall 2008 Cumulative GPA: 3.908 Colegio de La Frontera Norte, Tijuana (COLEF) 2011 Attended COLEF while doing fieldwork in Tijuana. January -June 2011. UC Berkeley 1999-2003 Cumulative GPA: 3.47 Major GPA: 3.85 Bachelors Political Science (High Honors) Honors Thesis on Regime Stability in Syria ix Publications: “Applying Lessons From Colombia to Mexico” Woodrow Wilson Center for Scholars: Mexico Institute. Al Dia. December 2, 2010. http://mexicoinstitute.wordpress.com/2010/12/03/applying-lessons-from-colombia-tomexico/ “Goat-Horns, Blackbirds and Copkillers: The Flow of Guns from the United States into Mexico.” November 22, 2010. Appendix of the Center For Strategic and International Studies (CSIS) policy proposal report on US-Mexico Counternarcotics Efforts organized by Sidney Weintraub and Duncan Wood. http://csis.org/files/publication/101108_Weintraub_MexicanUSAntinarc_web.pdf “InSight: Report Tracks How Intra-Cartel Wars Exploded in Mexico.” Wednesday, February 09, 2011. http://insightcrime.org/insight-latest-news/item/548-insight-reporttracks-how-intra-cartel-wars-exploded-in-mexico “Kidnapping in Tijuana: The New Normal.” Insightcrime.org. May 31, 2011. http://insightcrime.org/investigations/insight-exclusives/item/1002-kidnapping-in-tijuanathe-new-normal Arrest of Tijuana Ex-Mayor: Putting Crime in the 'Freezer'? June 5, 2011. http://www.insightcrime.org/insight-latest-news/item/1033-arrest-of-tijuana-ex-mayorputting-crime-in-the-freezer Key Lieutenant's Testimony Could Bring Tijuana Drug Lord to Justice Monday, July 11, 2011. http://insightcrime.org/insight-latest-news/item/1213-key-lieutenants-testimonycould-bring-tijuana-drug-lord-to-justice x Cartel Lieutenant‟s Capture Could Bring Tijuana a Step Closer to War. Monday, 18 July 2011. http://insightcrime.org/insight-latest-news/item/1248-cartellieutenant%E2%80%99s-capture-could-bring-tijuana-a-step-closer-to-war Measuring Reforms to Mexico's Broken Justice System. June 28, 2011. http://insightcrime.org/insight-latest-news/item/1148-measuring-reforms-to-mexicosbroken-justice-system Why Extraditing Mexico Traffickers Could Strengthen US Gangs. August 18, 2011. http://insightcrime.org/insight-latest-news/item/1431-why-extraditing-mexico-drugtraffickers-could-strengthen-us-gangs Why the US Doesn‟t Have Mexico-Style Drug Cartels… Yet. August 16, 2011. http://www.insightcrime.org/insight-latest-news/item/1414-why-the-us-doesnt-havemexico-style-drug-cartels-yet Review of Sylvia Longmire‟s Cartel: The Coming Invasion of Mexico‟s Drug Wars. September 30, 2011. InsightCrime.org. http://www.insightcrime.org/insight-latestnews/item/1647-cartel-the-coming-invasion-of-mexico%E2%80%99s-drug-wars xi Upcoming Publications Defense Intelligence Agency (National Defense Intelligence College) project on bilateral security issues in Mexico. The Four Phases of the Arellano-Félix Organization. Presented in Guadalajara Mexico at Universidad de Guadalajara February 18-21, 2010. "Ejércitos de usuarios y el uso del secuestro por los carteles de las drogas: Consecuencias no intencionales de las estrategias de los barones de las drogas." (An Army of Users and the Use of Kidnapping by Drug Cartels: The Unintended Consequences of King-pin Strategies.) Nathan Jones. Colegio de la Frontera Norte de Tijuana. June 29, 2011. Book Chapter edited by Katherine Tate UC Irvine, “„California Dreaming‟: Explaining Mexico‟s Quixotic Foreign Policy on California‟s Proposition 19.” xii Media Appearances: Interviewed KPBS Radio Frontera Desk on the Impact of the Arrest of “Hank” Rhon former Mayor of Tijuana on Firearms Charges. http://www.kpbs.org/news/2011/jun/07/former-tijuana-mayor-suspected-illegal-firearmspo/ Interviewed on the impact of the arrest of “El Ruedas,” KPBS Evening Edition, November 9, 2011. http://www.youtube.com/watch?list=PL2BEE055A0FBFA666&feature=player_embedde d&v=5uLIds1_MXs xiii Graduate Course Work: US-Latin-American Security Relations Professor Sereseres Fall 2004 Foundations of Modern Political Theory Professor Easton Fall 2004 International Relations Theory Professor Morgan Winter 2005 Micro-Politics Professor Rosenberg Winter 2005 Macro-Politics Professor Solingen Spring 2005 International Relations Theory of East Asia Professor Uriu Spring 2005 Approaches to International Relations Professor Uriu Fall 2005 Religion in International Politics Professor Lynch Fall 2005 History of Political Thought Professor Olson Winter 2006 Regime Change East Asia Professor Solinger Spring 2006 Game Theory of International Relations Professor McGann Fall 2006 International Security Professor Sereseres Fall 2006 Rethinking Otherness Professor Brunstetter Winter 2007 Counterinsurgency Professor Sereseres Spring 2007 Qualitative Interpretive Methods Professor Lynch Spring 2007 Illicit Flows Professor Sadiq Winter 2008 Homeland Security Professor Sereseres Fall 2008 ICPSR Graduate Statistics program University of Michigan Summer 2005 Regression 1 and Game Theory taught by Dean Lacy of Ohio State University. Audited the Graduate Seminar the Just War with Professor Daniel Brunstetter. xiv Study Abroad/Language Skills Lived in Cuernavaca Mexico for approximately 3 months in the summer of 2007 and took six weeks of intensive immersion language courses at Universidad Internacional (UNINTER) (3 years of study equivalent). Proficient in written and spoken Spanish. Attended Colegio de La Frontera Norte in Tijuana a graduate University Specializing in the Northern border of Mexico 2010-2011 academic year. Fieldwork conducted in Spanish. Intern Experience Research Intern (Fall 2007) Institute for National Strategic Studies (INSS) National Defense University (NDU) Fort McNair Duties included translations from Spanish to English of government documents and other materials. Kept abreast of world and Latin American news relevant to American security policy. Assisted in the organization of a conference on the security of the United States Southern approach, including Mexico, the Caribbean and Central America. Provided succinct summaries and analyses of conferences, seminars and workshops. xv Relevant TA Experience: Teaching Assistant US Civil Liberties 171A Professor Buzan Fall 2004 General Teaching Effectiveness Score: 6.54 out of 7 Teaching Assistant US Supreme Court 174CW Professor Petracca Winter 2005 General Teaching Effectiveness Score: 6.0 out of 7 Teaching Assistant Anthropology 2D Linguistics and Culture Professor Boellstorf Spring 2005 General Teaching Effectiveness Score: 5.8 of 7 Teaching Assistant Intro to Law 71A Professor Buzan Fall 2005 General Teaching Effectiveness Score: 6.13 of 7 Teaching Assistant US Coercive Diplomacy 142G Professor Sereseres Winter 2006 General Teaching Effectiveness Score: 6.53 of 7 Teaching Assistant Latin American Revolutions Professor Duncan Spring 2006 General Teaching Effectiveness Score: 6.31 of 7 Teaching Assistant US Intervention in Latin America Professor Duncan Winter 2007. General Teaching Effectiveness Score: 6.48 of 7 Teaching Assistant Latin American Revolutions Professor Duncan Spring 2007 General Teaching Effectiveness Score: NA Teaching Assistant Race in Latin America Professor Duncan Spring 2007 General Teaching Effectiveness Score: NA xvi UCDC Grad Fellow in Washington, D.C., TAing courses in Monuments and Memorials and a Washington DC Seminar for UCDC students doing internships. Teaching Assistant US Coercive Diplomacy 142G Professor Sereseres Winter 2008 General Teaching Effectiveness Score: 6.38 of 7 Teaching Assistant Political Theory Professor Kevin Olson Spring 2008 General Teaching Effectiveness Score: 6.11 of 7 Legal Implications of the Drug Trade Federal Judge David Carter Fall 2008 Teaching Assistant US Coercive Diplomacy 142G Professor Sereseres Winter 2009 Legal Implications of the Drug Trade: Federal Judge Carter Spring 2009 General Teaching Effectiveness Score: 6.01 of 7 Teaching Assistant US Coercive Diplomacy 142G Professor Sereseres Winter 2010 General Teaching Effectiveness Score: Not yet available Teaching Assistant Multicultural Education 124 Lecturer Laurie Hansen Spring 2010 xvii Lecturing Experience Lecturer for International Studies 12/Political Science 44A Global Issues and Institutions Summer Session II at UC Irvine. Lectured a lower division survey course on topics such as intergovernmental organizations like the UN, NGO‟s, insurgency, counterinsurgency, terrorism, failed states, migration, transnational criminal organizations, politicaleconomy, and the history of the international state-system. Lecturer Introduction to International Relations Theory at UCI Summer session II 2010. Guest Lecture on Mexican and Colombian Drug Trafficking for Federal Judge David Carter‟s Legal Implications of the Drug Trade UC Irvine Fall 2009 and 2010 Guest Lecture on Preemptive vs. Preventive War for Professor Daniel Brunstetter‟s Just War Revisited Course 2008. Introduction to International Relations Theory. University of San Diego Fall 2011. xviii Awards: Letter of congratulations from the Dean of Social Sciences on Top 10 ranking for all social science TAs (March, 2005). Excellence in Teaching Award from the Department of Political Science for Winter 2006 US Coercive Diplomacy. Global Connect Award 2008 for Graduate Student Presentation on What Is Terrorism? Global Connect Award 2009 for Graduate student Presentation on Counterinsurgency and Failed States. Dissertation Fellow Department of Political Science UC Irvine Fall 2009 Excellence in Teaching Award from the Department of Political Science for Winter 2010 US Coercive Diplomacy. Center for Global Peace and Conflict Studies (CGPACS) Award 2010 Institute for Global Conflict and Cooperation (IGCC) Fellow 2010-11 – Provided one year of funding for field work and dissertation completion to be carried out in Mexico. Currently in Mexico City researching for dissertation. Center for Global Peace and Conflict Studies (CGPACS) Research Award Recipient and Affiliate 2010. James Danziger Award for Teaching Excellence 2011 UC Irvine Political Science. xix Conference Presentations: International Studies Association March 2006 Just War, Pacifism and the Holy See a panel presentation. International Studies Association February/March 2007 The Decision to Invade and the Iraqi Insurgency as a Market Entry/Exit Game ISA West San Francisco 2008-- Using Counterinsurgency Strategy to Reassert the Westphalian State Against Criminal Networks: The Case of the Gulf Cartel in Mexico ISA National New York 2009 -- Using Counterinsurgency Strategy to Reassert the Westphalian State Against Criminal Networks: The Case of the Gulf Cartel in Mexico The Four Phases of the Arellano-Felix Organization. Presented in Guadalajara Mexico at Universidad de Guadalajara February 18-21, 2010. National Defense Intelligence College (Defense Intelligence Agency). The Four Phases of the Arellano-Felix Organization. Presented in Washington, DC. May 25, 2010. National Defense Intelligence College (Defense Intelligence Agency). xx Territorial Cartels and the Reaction of the State: The Arellano Felix Organization in Mexico. Panel Discussant The War on Terror and Counterinsurgency Issues. International Studies Association-West -- Los Angeles. September 25-26, 2010. Panel Chair ISA West 2010 – Los Angeles. Panel on Counterinsurgency. The State and Illicit Network Structures. Institute for Global Conflict and Cooperation Southern California Symposium. UC Irvine campus. January 14, 2011. Illicit Network Business Models. Kidnapping and the Tijuana Cartel. Center for Global Peace and Conflict Studies. UC Irvine Campus. April 2011. “La reacción del Estado mexicano frente al crimen organizado: una teoría de la elasticidad” Colegio de la Frontera Norte de Tijuana. June 16, 2011. Presentation in Spanish. "Ejércitos de usuarios y el uso del secuestro por los carteles de las drogas: Consecuencias no intencionales de las estrategias de los barones de las drogas." (An Army of Users and the Use of Kidnapping by Drug Cartels: The Unintended Consequences of King-pin Strategies.) Nathan Jones. Colegio de la frontera Norte de Tijuana. June 29, 2011. xxi "Ejércitos de usuarios y el uso del secuestro por los carteles de las drogas: Consecuencias no intencionales de las estrategias de los barones de las drogas." (An Army of Users and the Use of Kidnapping by Drug Cartels: Consequences of King-pin Strategies.) Nathan Jones. The Unintended Universidad Autónoma Baja California, Mexicali. October 27-28, 2011 en la Segundo Foro Binacional: El Impacto Social de la Inseguridad Publica en la Frontera México-Estados Unidos. Armies of Users and the Unintended Consequences of King-Pin Strategies in the Fight against Drug Trafficking Organizations. Pacific Coast Latin American Studies Association Conference. October 29, 2011. Three Levels of Illicit Network Analysis: A Literature Review. International Studies Association West 2011, Pasadena 2011. xxii Upcoming Conference Presentations Tijuana’s Counterinsurgency Strategy and Organized Crime. (2008-2010). Latin American Studies Association 2012. Fearing the State: Why Illicit Networks Flatten and Reduce Violence International Studies Association 2012 San Diego. Discussant: Spring 2009 -- UC Irvine Research in International Global Studies (RIGS) Discussant for Presentation of Book Chapter “Leveraging Host Governments in War: Lessons from Vietnam and Iraq” by James H. Lebovic Conference Attendance Attended two conferences at Colegio De La Frontera Norte in Tijuana (COLEF) with Associate Dean Caesar Sereseres. Both conferences were on Mexican Border Security Issues and the Merida Initiative 2008-2009. Attended Global Public Policy Forum on War On Drugs at University of Texas El Paso (UTEP) and Ciudad Juarez, Mexico September 21-22, 2009. Attended CASEDE Conference in Mexico City on Organized Crime October 2010. Attended Stanford-ITAM Conference on Governance in Mexico November 2010. xxiii Course Papers and Qualifying Papers: An Elitist Critique of Laski‟s Pluralism What Oil and the Military Mean for Democracy in Chavez‟s Venezuela Just War, Pacifism and the Holy See (Qualifier) The Role of Alliance in the Democratization of East Asia Assessing the Permeation of American Political Ideology on the American Catholic Church‟s Foreign Policy Augustine or Kant? Assessing the US and German Responses to Terrorism The Catholic Church 411-1648 and the International Relations Paradigms Assessing the Process of “Othering” in Augustinian Just War Tradition The Origins of Civil War in Iraq Religious Perspectives on Nuclear Weapons in International Relations Theory (Qualifier) Using Counterinsurgency Strategy to Reassert the Westphalian State Against Criminal Networks: The Case of the Gulf Cartel in Mexico (Qualifier) xxiv Academic Service: Headed the International Relations Group 2006-2007. The IR group is comprised of graduate students with an IR focus. This group helps to build graduate studentfaculty relations and allows IR grad students to network and practice conference presentations. We also put on our own conference annually. Assisted the undergraduate UC Irvine Model United Nations team put on their annual high school conference. (2005-6) Global Connect 2008-9 Graduate Student Presenter – What is Terrorism? ; What is Counterinsurgency? And Failed States. Global Connect is a high school outreach program run by UCI undergraduates, which develops curriculums to improve upon local schools‟ ability to educate global citizens. Graduate students provide specialized presentations. Interim-Administrator Global Connect Winter 2010 – Duties include: Addressing personnel issues, making presentations, running weekly meetings, interfacing with local high school teachers and administrators on Global connect curriculum, etc. xxv ABSTRACT OF THE DISSERTATION The State Reaction: A Theory of Illicit Network Resilience By Nathan Patrick Jones Doctor of Philosophy in Political Science University of California, Irvine, 2011 Professor Caesar D. Sereseres, Co-Chair Professor Etel Solingen, Co-Chair This dissertation elucidates the relationship between a profit-seeking illicit network‟s (PSIN‟s) business strategy and resilience. The dissertation finds that territorial PSIN business strategies challenge “the territorially sovereign state” through activities like kidnapping and extortion. The intensity of the state reaction to the illicit network was the single most important factor in its ability to survive disruptive events. The state, in this case Mexico, reacted more intensely to territorial PSIN‟s in collaboration with civil society, other states and rival “transactional” PSIN‟s. In this case the state (Mexico) dissolved a territorial PSIN, suggesting that the state is capable of effectively confronting this illicit network type. On the other hand, the case finds that the state was corrupted by transactional PSINs whose business strategies made them resilient. This finding suggests that through corruption, transactional PSINs will pose a long-term threat to democratic institutionalization in Mexico and internationally anywhere that states must address these illicit networks. xxvi The dissertation is an in-depth historical case study of the Tijuana Cartel, also known as the Arellano Felix Organization (AFO). Through archival research and interviews with experts on the illicit network a case study was constructed. Experts interviewed for the dissertation during nine months of fieldwork in Mexico City and Tijuana, included: journalists, law enforcement, scholars, extortion victims and businessmen. Given the similar structures of illicit networks, the findings of this dissertation have important implications for understanding other drug trafficking organizations, prison gangs, terrorists, insurgencies, arms traffickers, among a host of other potential “dark network” actors. xxvii Chapter 1 Introduction States and territorial profit-seeking illicit networks (PSINs) are enemies, because they are so much alike. They are both: territorial, hierarchical, resilient, prone to violence and funded by taxation.1 Territorial PSINs threaten the state’s underlying raison d’être, the ability to govern through the taxation of territory.2 The “predatory” “alternative governance structure” these territorial profit-seeking illicit networks establish through extortion and kidnap activities, directly challenge states by illicitly taxing the local population and exercising violence within state territory.3 Territorial profit-seeking illicit networks thus become the primary targets for “territorially sovereign states.”4 1 The conception of the state is heavily influenced by the work of Charles Tilly which views the state as a form of organized crime providing security in exchange for taxation; albeit in a more professionalized fashion than organized crime. Tilly 1990; Tilly 1985; Tilly 1986; Skaperdas 2001; Skaperdas and Syropoulos 1993; Skaperdas 1992. 2 The term profit-seeking illicit network (PSIN) is utilized here because this work situates itself within the literature on illicit networks and illicit flows. To the best of my knowledge this is the first formal use of the term, though “profit-seeking” and “illicit network” have clearly been used by other authors like Michael Kenney and formal government reports on organized crime. The qualitative sociological network literature provides useful concepts that can explain the capability of these criminal actors to create “networks of complicity” within the state apparatus (Sadiq 2009). The term “ illicit network” also connotes the transnational character of the project because the term is not constrained by the “state-centric discourse, e.g. “non-state actors.” The term “illicit network” is superior to “drug cartel” because these networks have not proven capable of controlling the supply and price of a given commodity. For excellent discussions of the misuse of the term “cartel” See: Lacey 2009; Cook 2007; Sadiq 2009; Schendel and Abraham 2005. More in-depth discussions of the terms transactional versus territorial PSINs will be provided in chapter three on my state reaction argument. 3 Other terms often used to describe profit-seeking illicit networks include: terrorist organizations and transnational criminal organizations (TCO’s), clandestine transnational actors (CTA’s), drug trafficking organizations (DTO’s), illicit networks, “dark networks,” and organized criminal groups (OCG’s). The term is superior to drug trafficking organization because these networks are not limited to trafficking illicit narcotics, nor is this always their primary source of profit in some cases. Clunan and Trinkunas 2010, chap. Introduction; Andreas 2001; Andreas 2003; Olson and Salazar 2011; Williams 1995; Sullivan 2008; Buscaglia, Ratliff, and Gonzalez-Ruiz 2005; 2010l; Milward 2003. 4 Spruyt 1994. 1 “Transactional” profit-seeking illicit networks, which focus their illicit activities on the trafficking of narcotics, money laundering, front businesses, or other non-extortionist activities, become secondary targets for states and are more capable of forming alliances with states through corruptive collusion. Due to the violent reaction of states (prompted by civil society) against territorial PSINs, they tend to be less resilient than their “transactional” counterparts.5 The surviving transactional PSINs form state alliances against their rivals through corruption, thus institutionalizing state-PSIN cooperation that hinders long term democratic consolidation. The threat they pose to states is more subtle and insidious than that posed by territorial or insurgent illicit networks that seek to supplant the state, or weaken it in crucial territories through brute force. Transactional PSINs constrain and pervert democratic consolidation, economic development and the rule of law. The distinction between “transactional” and “territorial” was initially published in an Economist article quoting an unknown Mexican government official. My contribution has been to develop this brief characterization into a typology, and relate it to the dependent variable of resilience.6 While the answer (summarized above) was complex, it began with a simple question. What makes illicit networks resilient? As the research continued, the answer to that question was found largely in the answer to another. Why do states attack some illicit networks more aggressively than others? 5 For the first mention of the distinction between territorial and transactional see the Economist’s “Outsmarted by Sinaloa.” Chapter three provides a typology of insurgent, transactional and territorial illicit networks the latter two of which are primarily profit-seeking. Explaining why states attack insurgent networks is obvious. They are political entities seeking to overthrow the state and supplant it. Explaining why states attack some profit-seeking illicit networks and not others is thus far more interesting and important. 2010j. 6 Ibid. 2 These questions have important implications for international relations and globalization debates on the future of the sovereign state system under conditions of globalization. Many have argued that the state is “withering” or “losing control” in the face of globalization and expanded markets.7 Part of this debate is the affect of what Peter Andreas calls “illicit globalization.”8 Scholars like Phil Williams, Arquilla and Ronfeldt and Moíses Naím have warned of the coming threat of illicit “netwar” or illicit networked actors that “nimbly” “outmaneuver” the state.9 Andreas has countered that the threat illicit networks pose has been “overblown” and that states strengthen themselves through the very fight with illicit networks.10 This dissertation contributes to this debate by elucidating which profit-seeking illicit networks trigger a violent state reaction, which illicit networks are likely to survive and how the symbiotic relationships that allow them to survive are likely to affect the character of states under conditions of globalization. Illicit Economies The exponential expansion of licit markets in the 20th century has been well documented, but lesser studied are the important illicit economies that thrive in their shadow. Illicit economies exist in “ungoverned spaces” but also exist in what we would consider well-governed “spaces,” e.g. narcotics sales in cities with low crime in Western Europe and copyright-piracy resulting in billions of dollars of losses in the United States.11 Vanda Felbab-Brown utilizes the term “illicit economy” in lieu of “black markets” because the term better encapsulates the nature of the “scope and extent of many illicit economies.”12 It is in illicit economies that illicit 7 Strange 1997; Strange 2000; Strange 1996, 49:; Strange 1999; Kenney 2007b; Arquilla et al. 1997, chap. see chapter by Phil Williams; Arquilla and Ronfeldt 2001, chap. Especially Phil Williams; Andreas 2011, 2. 8 Andreas 2011. 9 Arquilla and Ronfeldt 2001; Garzón 2008; Kenney 2007b; Naím 2005; Schendel and Abraham 2005; Chestnut 2007. 10 Andreas 2001. 11 Siwek 2007; 2011b. 12 Clunan and Trinkunas 2010, 176. 3 networks emerge or adapt to exploit, profit and further political aims. The illicit drug market is one of the major sources of profits for PSINs. Moíses Naím uses the term “arbitrage,” to explain how illicit networks exploit price differentials created by state regulations within states and across international borders on licit goods like cigarettes. The very fact that the state makes a commodity illegal reduces supply and ceteris paribus increases the price and incentive to traffic, produce and distribute the commodity. For example, through state copyright legislation, the state creates incentives for an illicit market which takes advantage of the “brand” name of a commodity by “pirating” or reproducing without permission. Conversely the state retains significant power and legitimacy via the ability to delegitimize commodities and trades; a source of power that should not be underestimated, as Andreas argues.13 Profit-seeking illicit networks can also provide services where the state fails. In Japan organized crime fills the void left by a dearth of lawyers and expensive court fees. Thus, Japanese organized crime is comprised of a varied and diverse set of groups (not a single monopolizing group) coexisting in equilibrium based on social norms. It provides a “privateordering” where state “regulatory design” is insufficient or more costly than the “private” alternatives.14 In this fashion organized crime in Japan fills needed social roles and is widely accepted. This is very different from the Mexican context where organized crime dominates drug trafficking and important transit areas are monopolized and controlled by individual illicit networks. There is some anecdotal and interview based evidence of diversification into “contract” enforcement in Mexico where legitimate businesses are “assisted” in very real ways in exchange for payment of “piso,” similar to organized crime behavior in the Japanese case.15 13 Ibid., Chapter by Vanda Felbab–Brown; Andreas 2011. Milhaupt and West 2000. 15 2011a. 14 4 To give an idea of the relative size of illicit economies in this case, the profits of drugs transported to the United States by Mexican trafficking organizations is estimated by US government reports as ranging between 18 and 39 billion dollars in profits annually. It is estimated that 90% of US cocaine enters through Mexico. Further it is estimated that 100% of methamphetamine imported into the United States is manufactured in Mexico.16 Mexico is also a major source of US black-tar heroin. It cannot be forgotten that the US provides the consumption market and demand for drugs trafficked from and through Mexico.17 The United States is also the source of 90% of the guns recovered in crimes in Mexico.18 Narcotics are the most profitable of illicit-seeking commodities to traffic and thus the study of profit-seeking illicit networks which specialize in trafficking provides a strong case for understanding the potential power of illicit networks.19 Potential State Responses to Illicit Economies There are three choices broad choices facing democratic states addressing profit-seeking illicit networks. States can legalize, medicalize or decriminalize illicit commodities that empower profit-seeking illicit networks. These “legalizations” must be complete and include the production of the commodity to be effective in eliminating the trade as a profit-source for illicit networks. The state and society must also be willing to bear the burden of social costs associated with ending “prohibition” regimes, including increased addiction and health costs.20 The second choice for states is to engage in “drug wars” or prohibitionist policies, which “reify” the notion of the state by strengthening borders, increasing spending on state security 16 Whitworth 2008. Ramos 2011. 18 Jones 2010b. 19 Schendel and Abraham 2005, chap. Gootenberg. 20 Medicalization refers to treating drug violations as a public health problem requiring medical treatment rather than a criminal problem. Gray 2001. 17 5 forces and socially constructing foreigners as “aliens” or “others.” Success in prohibitionist policies can only be achieved at great expense through the increased funding of interdiction efforts led by military and law enforcement institutions.21 This has been the response of most states including the United States Mexico under the Calderon Administration. Finally, some states choose to “collude” with PSINs.22 Collusion between state actors and traffickers does not generally represent unified state policy. The state cannot be viewed “monolithically” especially with regard to relations with profit-seeking illicit networks.23 As Chapter three discusses, transactional PSINs are capable of corrupting at higher levels of government, e.g. state and federal agencies and politicians, while territorial PSINs tend to develop stronger relationships with local authorities with whom they have more contact. The Threat of Illicit Networks to States The threat illicit networks pose to states in an “era of globalization” has become a dominant narrative among academics and policy-makers addressing illicit networks. Kahler and Walter define globalization in terms of “increased economic interdependence” between states. Illicit networks have increased in relative power vis-à-vis states in the “era of globalization” by taking advantage of privately available technologies and blurring the lines between traditional insurgency and criminality.24 “Illicit flows” hitch-hike on the increased licit trade between states and as licit trade expands, so do the profits illicit of networks. While organized crime is as old as humanity, the rapid improvements in communications technologies, increases in international trade, spread of democracy and availability of cheap technologies, have allowed 21 Andreas 2001. Sabet. 23 Solingen 2007; Solingen 1998. 24 Arquilla et al. 1997, chap. Phil Williams; Kaldor 1999. 22 6 profit-seeking illicit networks to increase profits and power vis-à-vis states in the international system.25 Many like Kaldor have pointed to the post Cold War era as a starting point for the current “era of globalization” while others like Keohane and Nye point to the post WWII economic order. Williams provides an excellent discussion of the increased levels of trade in the 20th century.26 Andreas goes back further still to the mercantilist period where states attempted to assert economic controls and created the “illicit.”27 There is a “prevailing pessimism” in the international relations and globalization studies debates about the ability of internally hierarchical states to address these “flatly” organized “hydra-headed” illicit networks.28 Michael Kenney has pointed to the variables of “flatness” and learning in illicit networks’ “competitive adaptations” with states. Flatness he defines in terms of layers of management within the network. Kenney paints a picture of “nimble” “adaptive networks” competing with bulky “hierarchical” law enforcement institutions constrained by the very legal system they seek to protect. Phil Williams paints a similar picture describing how the “hydra-headed” character of these networks makes them resilient to state attack. Susan Strange’s work on globalization and the “retreat of the state” argues in a similar intellectual vein, stating that “transnational criminal organizations may be the preeminent threat to security.29 Arquilla and Ronfeldt argue that network forms of organization and the fluid structures of these “dark networks” make them more resilient and privilege them in their struggles with 25 Kahler and Walter 2006; Kahler 2009. Kaldor 1999. 27 Andreas 2011; Keohane and Nye 2001, 3:; Friedman 2007, 1:. 28 Jones 2008a. 29 Strange 1996, 49:; Kenney 2007b; Kenney 2007a; Arquilla et al. 1997; Arquilla and Ronfeldt 2001, chap. Phil Williams. 26 7 hierarchical and bureaucratically-laden states.30 They point to resilient characteristics like the compartmentation of illicit networks, decentralization, “hydra-headed” structures that allow illicit networks to survive attacks from states, among other resilient characteristics.31 Following Eilstrup-Sangiovani and Jones, I posit that the antagonistic and all-powerful characterization of profit-seeking illicit networks versus unwieldy-bureaucratically-laden states is an over-simplification of the challenge illicit networks pose. First, profit-seeking illicit networks are not always resilient, criminal and insurgent networks are eliminated regularly by states in an evolutionary fashion. Second, illicit networks can reify the state. They provide an excuse for states to increase financing of law enforcement and security institutions that defend the state32. They pose challenges that states find useful points of cooperation amongst each other, allowing the diffusion of technology and capacity from strong to weak states. For example, the United States through the Merida Initiative is providing technology and weaponry to Mexico for its fight against organized crime. This improves state capacity to fight illicit networks in weak states. Some illicit networks form alliances with states against their rivals and even form long-term functioning relationships which assist the state in governance through financial and political support.33 But, which profit-seeking illicit networks ally with the state? Which choose to confront the state and how? These are important unanswered questions in the illicit network and international relations literatures. 30 Arquilla and Ronfeldt 2001. Arquilla et al. 1997; Arquilla and Ronfeldt 2001; Arquilla and Ronfeldt 1996b. 32 Andreas 2011. 33 Arias 2006b. 31 8 Adding to the fears of profit-seeking illicit networks, government reports have increasingly referred to the potential nexus between international terrorism and highly profitable criminal activities like drug trafficking. The advances of globalization also make us vulnerable in new ways, and they have given rise to other, destructive networks that undermine security and development. Taking advantage of innovations in technology, communication and transportation, loose networks of criminals or insurgents can easily link with each other, and also with organized criminal groups that operate internationally. They smuggle illicit drugs, weapons, natural resources, counterfeit goods and human beings across borders and between continents for the enrichment of criminals, insurgents and crooked officials. In some cases, they generate 34 economic profits that support terrorist groups as well. Important examples of insurgent or terrorist networks using illicitly derived profits have included: opium profits funding the Taliban and Al Qaeda in Afghanistan, Hezbollah illegally smuggling cigarettes to fund its operations, the Fuerzas Armadas Revolucionarios de Colombia (FARC) providing “protection” to coca growers in Colombia, splinter Irish Republican Army (IRA) factions trafficking drugs and arms, among many other combinations of insurgent networks and criminal activities.35 A 2006 Congressional Research Services report stated, Terrorist networks are believed to be increasingly supporting themselves through traditional crime, and have been linked to criminal organizations. Alliances between the two groups could amplify threats to American security. Transnational criminals engage in a spectrum of illicit activities, including narcotics and arms smuggling, trafficking in persons, counterfeiting, and money 36 laundering and other financial crimes. Terror and criminal groups learn from each other through mass media communication, purchase training from each other and form alliances to facilitate their operations. In some cases criminal groups appear to have genuine political motivations while in other cases classical insurgencies have appeared more criminal in character. The “interplay” between terror and crime is so pervasive that Tamara Makarenko has argued for a crime-terror continuum to better 34 UNODC 2010. Curtis and Karacan 2002; Buscaglia, Ratliff, and Gonzalez-Ruiz 2005; Sullivan 2008; 2010i. 36 Wagley 2006. 35 9 conceptualize it.37 I concur with this assessment, and provide a typology that distinguishes between two broad types of transnational organized crime groups. I refer to them as profitseeking illicit networks. These types include insurgent networks, “territorial” profit-seeking illicit networks which focus on extortion-based activities within their territory and “transactional” profit-seeking illicit networks, which focus on trafficking high-profit commodities, while minimizing violence. The focus here is on the latter two categories which are profit-seeking illicit networks.38 37 Makarenko 2004. Why states attack insurgencies is less interesting question than understanding why and when they attack predominately profit-seeking illicit networks versus when they feign wrath but allow them to function unhindered. A more in-depth description of insurgent illicit networks is included in the typology in chapter three. 38 10 Figure 1. Types of Illicit Networks Insurgent Transactional Territorial The implications of illicit networks in the globalized international system are of growing importance to policy-makers and scholars alike. It is estimated that 40% of the Russian economy is controlled by organized crime.39 Violence in Colombia and Mexico can challenge society’s perception of the legitimacy of the state and its monopoly on the control of force.40 Corruption perpetrated by illicit networks also entails high costs to states.41 The affect of illicit networks on the future of the state as the dominant governing unit of the international system is an important and largely ignored portion of a larger debate on how globalization is changing the sovereign state system. Saskia Sassen’s work has engaged this debate by providing us with a new vocabulary. In this sense, those like Sassen address “future of the state” debates in the context of the debates in international political economy on states versus markets. Sassen uses the privatization of executive power and the expansion in the number, size 39 Milhaupt and West 2000, 2. Tilly 1985. 41 The World Bank estimates that the global cost of corruption is 5% of the global economy with over a trillion dollars in bribes paid each year. Studies have suggested that some countries lose upwards of 20% of their internal revenues to corruption. UNODC 2010, 36. 40 11 and power of actors like hedge and sovereign-wealth funds, to illustrate constrained state sovereignty.42 These actors are by and large licit in their activities. But Sassen’s recent work has failed to address the role illicit networks provide in weakening and simultaneously “reifying” the state as those like Sadiq have by highlighting how political factions take advantage of undocumented immigrant flows and the falsification of identity documents.43 This project pushes “the states versus market-based illicit network” debates further by typologizing which profit-seeking illicit networks challenge the state most violently and are least resilient. At first look, PSINs appear to weaken the state as market-based non-state actors that avoid taxation and flout legal norms, but in some ways they support the state.44 In fact, as the case study demonstrates, the more market-based PSINs are, the more they graft themselves to the state, thus strengthening the state in its conflicts with other PSINs. However, the corruptive influence of such PSINs constrains and slows democratic consolidation in developing states. Conversely, territorial PSINs, which are less market-oriented and more violent, reify the state because the state’s reaction involves the strengthening of the security apparatus. These security institutions give states the ability to defeat future threats from “alternative governance structures” and through the fortification of borders and strengthening of anti-illicit network legislation, allow the state to exert economic and social controls it never hitherto possessed.45 PSINs generally don’t have the ability to overthrow the state but illicit networks like Los Zetas which are territorial, may eventually supplant the Mexican state if the state fails to make sufficient investments in social programs and the judicial system to eliminate its recruiting-base and 42 Sassen 2006; Sadiq 2009; Friman and Andreas 1999; Andreas 2001; Andreas 2003; Bailey and Chabat 2002. It should be noted that Sassen has done work on human trafficking though does not broach the subject in her more recent and seminal work on “territory, authority and rights.” Sassen 2006; Sadiq 2009. 44 Andreas 2001; Andreas 2003. 45 Andreas 2011. 43 12 impunity. This is an unlikely scenario, but is worthy of note particularly when considering the power of some territorial PSINs in relation to small states in Central America.46 Words of Caution Eilstrup-Sangiovani and Jones and Peter Andreas, argue that the threat of illicit networks like Al Qaeda may be exaggerated by recent research. Illicit networks suffer from significant organizational limitations in their competition with hierarchical states. If the advantages of networks were greater why do we not observe a greater diffusion of the organizational design?47 For Andreas who takes a longue dureé historical view of smuggling, illicit networks are not a new phenomenon but an old one. He also points out that the study of illicit networks is inherently difficult, due to their clandestine nature. As a result he argues, the data we rely on comes primarily from government publications, the very institutions we seek to evaluate.48 These governmental reports come from agencies with their own biases and interests, namely perpetuating the authoring bureaucracies, and utilize dubious and secretive methodologies that are often best guesses.49 How States Use Illicit Networks States have also directed their own profit-seeking illicit networks with varying degrees of control. Cash-strapped North Korea has engaged in activities related to counterfeiting, drug cultivation and potentially nuclear weapons proliferation.50 In the early phases these activities were state-directed, but later were contracted to criminal networks. Pakistan derived its own nuclear weapons capability through the AQ Khan network which later engaged in the 46 2011d; Richter and Ken 2010; 2010f; Clare Ribando Seelke 2009; Booth and Miroff 2010b. Friman and Andreas 1999; Andreas 2003; Andreas 2001; Andreas 2011. 48 Sadiq 2009. 49 Andreas 2011; Jones 2008a. 50 Chestnut 2007; Chestnut 2005. 47 13 proliferation of nuclear weapons technology for profit.51 Even illicit immigration and phony citizenship documents can play important roles for state actors. As Sadiq has demonstrated political actors encourage “illegal” immigration and legitimize it through “networks of complicity,” often times for political purposes.52 In Mexico, profit-seeking illicit networks are said to fund democratic election campaigns of chosen candidates in states like Sinaloa and the populace widely believes that each president is allied to and funded by one of the various “cartels.” Some have argued that the profits they launder into the licit financial system play an important role not just in Mexico but in the United States as well, most notably lubricating the financial system with hard currency during the 2008 financial crisis.53 As case study illustrates, the Mexican government accepted intelligence from one faction of the “Tijuana Cartel” to eliminate another faction that engaged in kidnapping and extortion.54 The international relations and globalization debates on states versus illicit networks have thus far lacked the specificity of how illicit network actors challenge the state and in what ways they may reify the state. Some, like Andreas and Friman, have pointed out that illicit networks can serve as an important excuse for states to “reify” their territorial boundaries and the security institutions that maintain them. 55 Others like Desmond Arias have pointed to the close symbiotic relationship between organized crime and politicians in the favelas of Brazil, e.g. organized crime is allowed to function as long as votes are provided.56 However, lacking in the discussion is, what characteristics, behaviors and organizational structures of illicit networks trigger strong state reactions and which are likely to garner cooperation? 51 Corera 2006. Sadiq 2009. 53 Smith 2010. 54 2011b. 55 Andreas 2001; Andreas 2003; Friman and Andreas 1999. 56 Arias 2006a. 52 14 The empirical reality of the relationship between illicit networks and states is not uniformly antagonistic. Some illicit networks support the state in some sectors while weakening it in others. Thus, those like Andreas that caution against exaggerating the threat of illicit networks are correct in pointing to the complexity of the relationship between states and illicit networks.57 In the Mexican context, the reaction of the state was a key factor in understanding the lack of resilience of profit-seeking illicit networks. When profit-seeking illicit networks ran afoul of their host-states, their demise was often inevitable (only once the state had marshaled sufficient resources to counter PSINs). However, some profit-seeking illicit networks proved adept at co-opting the state instead of confronting it. In some ways they counter-intuitively assisted the state. Whether or not a state chooses to attack an illicit network and the intensity of that attack, is a critical factor in the network’s survival and thus significantly affects its resilience. This was not unique to the Mexican case, indeed a similar pattern emerged when assessing other cases of major profit-seeking illicit networks in states like Colombia, Afghanistan and Northern Ireland.58 The “dominant narrative,” that illicit networks are “nimbly” defeating states, gave way to a much more complex picture in which states maintain the advantage and PSINs that allied with states were more resilient in their conflicts with PSINs that challenged states through violence and territoriality. This should not surprise us. The “territorially sovereign state” maintains powerful advantages over illicit networks in the international system, including economic size, ability to marshal powerful resources through hierarchically organized bureaucracies, the support 57 58 Andreas 2001; Andreas 2003; Friman and Andreas 1999. Bowden 2001; Felbab-Brown 2009a; Felbab-Brown 2010; Felbab-Brown. 15 of neighboring states against illicit networks, and most importantly, legitimacy.59 But states suffer from unwieldy bureaucracies that are slow-moving in their “competitive adaptations” against flatly organized illicit networks.60 There is a vast world illicit economy that is beyond the watchful eye of state regulation and in this realm nefarious actors both serve the state and undermine its authority and ability to maintain domestic control over its population. This makes understanding actors in illicit economies critical to the study of international relations and globalization. Illicit Networks and International Relations Theory The study of illicit networks has come to be considered, “acceptable” and crucial to “the study of international relations.”61 Illicit networks can range from nuclear weapons smugglers, drug traffickers, sex traffickers drug cultivators, terrorists, copyright pirates, money launderers, etc. The list of possible illicit network activities is unending. The key distinction for illicit networks is that they engage in activities which are considered illegal by states and unacceptable by societies.62 Much of international relations theory is viewed as arcane and out of step with changing “governance structures” in an “era of globalization” as scholars like Susan Strange argue. At the crux of this criticism, is the realist and neoliberal-institutionalist, assumption of the state as a unitary and primary actor in international relations in an epoch where multinational corporations, 59 Spruyt 1994. Kenney 2007b. 61 Jones 2008a. 62 Licit means generally accepted by society. Illicit refers to an activity or commodity that is generally rejected by society. This is to be distinguished from illegal which refers to that which the state has legislated against or legal which refers to what is considered within the bounds of the law of the state. Schendel and Abraham 2005. 60 16 sovereign wealth funds, social activist networks, terrorist, insurgent and illicit criminal networks increasingly challenge and constrain the sovereignty of states.63 Structural realism and neo-liberal-institutionalism are the dominant international relations paradigms and take states as their fundamental assumptions. They thus possess scant ability to understand and explain illicit networks that are at their core non-state actors. To be fair to the classical realism of Morgenthau, he might credibly argue that realism does take into account the weakening effect of these illicit networks on the national culture.64 To defend structural realism, Waltz might argue that illicit networks weaken the state’s “power” by sapping state economic and military resources, but this story is more complex than a uniform weakening of the state.65 Much of the practical work of approaches to the study of international politics like “constructivism” focus on socially constructed norms and institutions related to the state, e.g. changing norms and conceptions of “territory, authority, rights.”66 However, these responses answer few questions about which illicit networks will form pacts with states, thus “reifying” their authority versus those which will attempt to subvert states through violent confrontation. None of these paradigms explain the growing importance of illicit networks in international relations.67 Political survival models are willing to open “the black box” of the state, look inside and see the nitty-gritty difficulties and politics of illicit networks and state relations that are at once domestic and transnational. Thus any argument must look inside the state at the interplay between various illicit networks and states.68 63 Strange 1996, 49:. Morgenthau and Thompson 1985, 6:. 65 Waltz 1979; Waltz 2001; Morgenthau and Thompson 1985, 6:. 66 Klotz and Lynch 2007; Petito and Hatzopoulos 2003, 1:; Klotz 1995; Yanow and Schwartz-Shea 2006; Wendt 1992; Sassen 1996; Sassen 2006; Sassen 2000. 67 Keohane 2005, 1:; Morgenthau and Thompson 1985, 6:; Waltz 1979; Waltz 1959; Strange 1996, 49:. 68 Solingen 1994a; Solingen 2007. 64 17 Those studying the impact of globalization have turned toward qualitative sociological network theories to explain illicit flows across state borders and the licit and illicit actors that orchestrate them. Those who have turned to this literature have found it “thin,” with a few scholars making important contributions and a vast amount of work to be done. Sociological network theory is useful because it focuses on the relationships between actors or nodes in a network. Unfortunately applying network theory to the relations between states and illicit networks has been limited in political science and its subfields of international relations and comparative politics. In this discipline, the application of network theories and concepts has been particularly limited in the study of internal criminal network structures that challenge states; though it has a longer and broader pedigree in criminology.69 Some exceptions to the rule of the dearth of illicit network literature in political science include Sadiq, Bailey and Godson, Andreas, Kahler and Elstrup-Sangiovani and Jones. None of these authors have pushed into the internal structures of illicit networks and provided a typology of networks and characteristics that help us to understand and predict their relations with states. This project’s contribution is its assessment of internal profit-seeking illicit network structures and an explanation of how those structures impact the relationship with the state, which in turn impacts illicit network resilience.70 Illicit Networks Increasing Inter-State Cooperation One of the surprising effects of illicit networks on the international system is the fact that in some ways they strengthen states by increasing the incentives for states to cooperate with each other in scenarios in which structural realism might not otherwise expect them to do so. Robert Keohane in After Hegemony postulated that there is a larger realm of interstate cooperation than 69 COLES 2001; Chambliss 1989; Arias 2006b; Scott 2000, 2:; Kenney 2007b; Bailey and Chabat 2002; Klerks 2003; Morselli 2009; Sparrow 1991; Arias 2006c; Jones 2008b. 70 Sadiq 2009; Andreas 2003; Kahler 2009; Jones 2008a. 18 realists like Waltz and Morgenthau predict.71 Indeed the battle of states against PSINs has created another issue-area for interstate cooperation. As the case study demonstrates, states view PSINs, especially territorial PSINs, as common enemies and assist each other in defeating them. Simultaneously, they use harsh rhetoric against each other for creating the supply and demand forces that empower PSINs. Nonetheless, cooperation becomes institutionalized at the bureaucratic level, as militaries and law enforcement agencies cooperate against common enemies over long periods of time.72 Further, states utilize intergovernmental organizations (IGO’s) like the United Nations Office on Drugs and Crime (UNODC) to build coalitions and codify norms that assist states in their battle with illicit networks. The common threat of illicit networks is so great that it motivates states to forego sovereignty in some areas in an effort to protect it in the battle against illicit networks.73 In this sense neo-liberal insitutionalism does provide some important insights once illicit networks are viewed as sufficient threats to state security and the assumption of states as fundamental actors is not taken to the point of ignoring increasingly important illicit networks as threats.74 States and Supply-Side Strategies States have had impressive successes against illicit networks. Al Qaeda has been decentralized such that its capability to launch 911 scale attacks has been severely limited. It must now rely on the support of local affiliates and insurgencies with limited technical sophistication and even less central direction.75 Against drug trafficking networks the United 71 Keohane 2005, 1:. Ibid.; Keohane and Nye 2001, 3:; Allison 1971. 73 The cooperation of Latin American governments in the drug war is an important example. These governments have feared the hegemonic power of the United States in the twentieth century and yet as with Mexico have increasingly allowed the presence of American intelligence and law enforcement agents in their territory in the 21st century. Downie 1998; 2010l. 74 Keohane and Nye Jr 1998; Keohane 2005, 1:; Dougherty and Pfaltzgraff 2001, 5:. 75 Kahler 2009. 72 19 States and Colombia are examples of states that working in conjunction with each other have successfully dismantled profit-seeking illicit networks like the Medellín and Cali “cartels,” resulting in a decentralized and less violent illicit network system.76 Interestingly this may have actually increased the flow of coca from Colombia.77 How success is defined in prohibitionist “wars on drugs” is critical. In terms of the flow of drugs into consumer markets, supply-side strategies have failed. The demand has always been met with prices largely remaining stable.78 But the interdiction of drugs and the arrest and killings of PSIN leadership figures have been successful in decapitating illicit networks that can challenge state authority. In this sense supply-side strategies serve a useful function, to prevent political-power concentration in illicit hands that might one day supplant or “capture” the state with an “alternative governance structure.”79 States attack illicit networks through “decapitation” strategies or the removal of the heads of illicit networks. This has the effect of fragmenting illicit networks along their lines of functional specialization.80 Occasionally states choose to couple security spending with matching social programs; though this is rarely the case. “Transactional” or trafficking-oriented PSINs split from territorial PSINs under sufficient decapitation strike pressure from states.81 Transactional PSINs focus their efforts on money laundering, trafficking and front-businesses, while territorial PSINs emphasize taxing territory through extortion of licit and illicit businesses, kidnapping, theft and robbery. 76 Garzón 2008. Ford 2008. 78 UNODC 2010; Ford 2008; Ford 2007. 79 Bowden 2001; Forero 2010; Ellingwood 2010. 80 Chapter six describes the implementation of US and Mexican strategies against the AFO. 81 Slaughter 1997. 77 20 The state is not challenged by profit-seeking illicit networks in the same way as insurgencies. The threat from PSINs to states is far more fundamental though subtle, than that posed by insurgent networks.82 Insurgent networks, of which terrorist networks like Al Qaeda are a subset, challenge the state for power directly by seeking to replace the state or change its policies. They reinforce the institution of “the state” and state sovereignty by aspiring to it. PSINs challenge how states conceptualize themselves by weakening them in certain economic and territorial sectors. They seek control of illicit markets and transit zones. They provide “an alternative governance” structure based upon a criminal or “feudal” ethic.83 Transactional PSINs create a system of “plural authority” in which they control the illicit world and leave licit markets to state regulation in which they invest their ill-gotten profits. These illicit networks seek a modus vivendi or cooperative coexistence with states. Territorial profit-seeking illicit networks seek to achieve “trafficker controlled territory” by extorting illicit and licit businesses within their territories. These territorial profit-seeking illicit networks hope to influence and in some cases control the state through violence. They rarely achieve this goal, but often succeed in denying the state large swaths of territory in rural areas and entire sectors of urban cities.84 Public perception of state sovereignty only comes into question when states are challenged by profit-seeking illicit networks through violence; the higher the degree of hierarchy and territoriality of the illicit network, the more likely violence becomes, because hierarchy is associated with a larger number of “enforcers” who must be managed through multiple layers of 82 The nexus between terrorism and drug trafficking is well-documented in government and policy reports and briefly discussed in the conclusion (Shadow cases). Steinitz 2002. 83 Skaperdas 2001; Skaperdas 1992; Perez 2005; 2010j; Buscaglia, Ratliff, and Gonzalez-Ruiz 2005; Manwaring 2007; Manwaring 2005. 84 For discussions of the “predatory state” and markets for security see Skaperdas, Tilly and the literature review of the dissertation. Krauze 1997; Spruyt 1994; Sassen 2006; Boniface VIII 2007; Tilly 1990; Tilly 1985; Skaperdas 1992; Skaperdas and Syropoulos 1993; Skaperdas 2001. 21 management.85 The theoretical chapter will discuss in-depth the relationship between hierarchy and the business strategies of profit-seeking illicit networks. Profit-Seeking Illicit Networks in Mexico Mexico has become an example of state which has been challenged by violent profitseeking illicit networks. Mexico is geographically positioned between the only source of coca (Andean Region) and the largest consumer market in the world (the United States), making the emergence of PSINs there inevitable following the destruction of large Colombian “cartels” in the 1990’s. More than 45,000 people have been killed in drug-related homicides since President Felipe Calderon began his militarized assault on “cartels” in Mexico in 2006, demonstrating the PSINs threaten not just national security, but human security. In the process, Calderon sent more than 5,000 federal police and 60,000 soldiers to more than 18 states.86 He has promoted legislation that would subsume municipal police forces under state governments and legalized small quantities of drugs, like marijuana, ostensibly to free law enforcement to fight larger criminal organizations, yet his administration opposed the legalization of marijuana in California under Proposition 19.87 Some in Mexico, including famed poet Javier Sicilia, have called upon the government to negotiate with profit-seeking illicit networks, blaming the violence on the Calderon Administration and his aggressive strategy. Calderon Administration supporters counter that increased violence is a sign of success against cartels that are now in disarray and consumed by internecine conflict. The violence is limited to criminals and the average citizen need not fear 85 Kenney 2007b. 2010s. 87 Wilkinson 2010a; Ellingwood 2009a; Marosi 2010a; Roosevelt and Hoeffel 2010; 2010e; Ellingwood 2009b; Wilkinson 2008; Stevenson; Tracy Wilkinson 2010. 86 22 increased homicide rates. It is a media generated fear induced by the daily images of carnage, beheadings, mutilations, hung bodies, narcofosas and disappearances.88 The Calderon administration advertizes its success against Mexican PSINs by listing capos arrested or killed on radio and television. Critics argue these successes are against lower level cartel lieutenants and the enemies of the Sinaloa “Cartel” led by Chapo Guzman, who is said to have corrupted the federal government at the highest levels. Mexicans are universally skeptical of the success of democratic governance in the country and assume corruption is rampant. Indeed data from a study by National Public Radio indicated that the Sinaloa cartel was subject to a disproportionately low level of arrests compared to other profit-seeking illicit networks like Los Zetas (See Appendices R and S).89 I argue that the Sinaloa cartel’s transactional nature has made it less violent in confrontations with the government and more able to corrupt than its territorial PSIN rivals like Los Zetas that violently confront Mexican government forces and engage in extortion and kidnapping of the local population. This has important implications for the future of democracy in Mexico. On the one hand Mexico is assisted in its struggle with territorial PSINs by transactional PSINs. On the other hand it is weakened through corruption and the purchasing of elections by transactional networks, creating a long term threat to democratic consolidation.90 As Mexico has decapitated trafficking networks through “king-pin strategies” it has splintered Mexican profit-seeking illicit networks. Examples of the splintering of illicit networks in Mexico include: the Sinaloa cartel and the Beltran-Leyva Organization (BLO), the Gulf Cartel and Los Zetas, La Familia Michoacána and Los Cabelleros Templarios, the Arellano 88 Wilkinson 2010a; de Mauleon 2009; Marosi; Johnson 2010. Burnett, Penalosa, and Bennincasa 2010; Burnett and Penalosa. 90 2010j. 89 23 Felix Organization and the splinter Teo Faction. Since the BLO split with the Sinaloa cartel another faction the Cartel of the South Pacific has emerged. Independent cartels have emerged in Acapulco and the Millenio cartel is reported to have reemerged. The resultant intra and intercartel conflicts have increased drug related homicide rates.91 Conflicts include the fight for Ciudad Juarez which now has a homicide rate comparable to Iraq or Afghanistan (231 per 100,000), conflict throughout the country between illicit networks allied to the Sinaloa cartel with Los Zetas and conflict between the Sinaloa cartel and its former partners the BLO.92 The Tijuana Cartel or Arellano Felix Organization splintered into internecine conflict in 2008 over the issue of kidnapping and two years later the Teo pro-kidnapping faction was dissolved. Many of these newly fragmented networks have splintered or been dissolved by state action of both the United States and Mexico, e.g. La Familia Michoacána appears to have been dissolved though further evidence is needed.93 Why have some groups been destroyed, while others have proven resilient? Why have states like Mexico chosen to target some profit-seeking illicit networks and not others? This dissertation finds profit-seeking illicit networks that moved toward territorial/extortion based-business strategies tended to be more hierarchical in organizational structure and drew state responses because they were more visible to the state and civil society due to their use of violence and extortion. In essence, they began to steal the “territorial sovereign state’s” function, protecting and taxing the population. As Charles Tilly has argued the state can be viewed as a professionalized “protection racket.”94 When a profit-seeking illicit 91 Johnson 2010; Walser; Guerrero Gutierrez 2011; Escalante Gonzalbo 2011. 2011e. 93 It appears that one portion of the La Familia network split off under the leadership of “La Tuta” 2009a; 2010g; Ordaz 2010. 94 Tilly 1990; Tilly 1985; Tilly 1986. 92 24 network delves deeply into these activities, it becomes a competitor and potential “alternative governance structure.”95 The state cannot tolerate this alerted to the threat to its legitimacy and monopolies on taxation and the use of force by civil society that is the victim of the extortion.96 The conflict between territorial profit-seeking illicit networks is thus structurally rooted in the character of the state as a territorial taxing and war-fighting governing unit.97 By no means is the provision of security the sole function of the modern state, but it is the most fundamental. Indeed, failure to provide the social services that have come to be expected of modern states in the 20th and 21st centuries can inadvertently feed criminal networks by providing them a dissatisfied population from which to recruit new members. Understanding how and why these illicit networks are targeted and the impact of that targeting tells us which illicit networks are likely to survive. Further understanding the structure of surviving and failed profit-seeking illicit networks and their respective strategies, allows us to understand the role illicit networks are likely to play in the development of state structures and behaviors in an era of rapid globalization. The survival of transactional PSINs promotes corruption and thereby stunts democratic institutionalization and economic development by weakening the rule of law. All of these effects threaten the legitimacy of democratic institutions in developing states. How states address these foundational challenges of profit-seeking illicit networks will determine whether the state will maintain itself as the dominant governance structure in the international system, be supplanted by territorial PSINs or be corrupted, constrained and weakened by transactional PSINs over the long term. 95 Clunan and Trinkunas 2010. Weber 1958. 97 Tilly et al. 1985; Tilly 1990; Spruyt 1994; Skaperdas 2001; Skaperdas and Syropoulos 1993. 96 25 Dissertation Outline Chapter two reviews the literature on illicit networks. It proposes a novel view of the relevant literatures--which span numerous academic disciplines--by sorting the works according to their level of analysis. I argue that there are three levels of analysis in the illicit networks literature, those that assess: (1) the internal network structure, (2) the domestic structure and (3) the global illicit networks structures. The internal illicit network structure literature contains those works which assess the illicit networks, including terrorist organizations, internally for their organizational architecture. These important works include the business literature on resilience, and “sense-making organizations,” organizational learning, network flatness, network procedures, and centralization or decentralization in social networks.98 The domestic structure works focus on the relationship of the illicit network to its hoststate. Is the relationship characterized by “collusion, tolerance, confrontation?” Can we conceptualize ways in which illicit networks attempt to “capture the state,” or “parasitically” attach themselves to it, among other metaphors.99 The third and final level of analysis present in the literature assesses illicit networks in terms of changing social, political, technological and economic structures of globalization. This level of analysis includes a growing body of literature on “illicit flows” and includes works on the nature of borders and border regions. My theoretical model locates itself within the first and second levels of analysis of internal network structure and the domestic relationship with the state. 98 99 Weick 1976; Weick 2001; Weick and Sutcliffe 2001, 1:; Weick 1995. Sabet 2011; Bailey and Godson 2000. 26 Chapter three presents the theoretical argument for why some illicit networks engender stronger state reactions. This theoretical argument posits that the relationship of the illicit network to the state is the most important factor in its ability to survive disruptive events (resilience). More hierarchical illicit networks will tend toward territorial business strategies which necessarily involve “the diversification of criminal activities.” This diversification into extortion activities and kidnappings of legitimate businessmen creates a societal backlash forcing the state security apparatus to attack the territorial PSIN. Because states continue to have “a preponderance of power” in the international system, they have a strong advantage against illicit networks when they properly marshal their resources.100 100 Waltz 1979. 27 Figure 2. The State Reaction and Illicit Network Resilience Type of ProfitSeeking Illicit Network State Reaction Transactional Weak Level of Resilience Survive Intact Reorganize Territorial Strong Fragment Dissolution The fourth chapter describes the dissertation’s methodology which is primarily archival, but has utilized interviews and in-country fieldwork. Utilizing historical institutionalism’s concepts of “path dependence” and “critical junctures,” I have created a narrative and presented a case study of the Arellano Felix Organization and its relationship with the US and Mexican governments from its inception in the 1980’s, to its present restructuring.101 In addition to archival research, in-depth interviews of AFO experts over the course of one year of in-country fieldwork, were utilized to construct the narrative case study. These experts included law enforcement, academics, Tijuana citizens, business leaders and reporters who cover the Tijuana region in both the United States and Mexico.102 All interviews were 101 102 Thelen 1999. Chabot 2008; George and Bennett 2005; Van Evera 1997. 28 anonymous due to sensitivity and confidentiality issues, as per the UCI Institutional Review Board requirements for the dissertation (See Appendices L-N). The fifth chapter provides a historical institutional case study of the Arellano Felix Organization. It describes its structure as an illicit network, how it evolved, some of its “tactics, techniques and procedures” and its resilience. Through painstaking research, I constructed organization charts at crucial points in the illicit network’s history to illustrate its changing structure. I based these charts on interviews and archival research. They are available in appendices A-J. They demonstrate the layers of management and complexity of the network at various points in the AFO’s history. For the purposes of the empirical chapters, simplified diagrams were created that captured the essence of the complex networks by using functional roles in lieu of names, e.g. “enforcer” was used instead of listing the name of every enforcer mentioned in court documents. While they can in no way be considered a complete picture of these difficult to study “opaque networks,” they provide a sense of structure and complexity that, in conjunction with the historical case study, help us to better understand the inner-workings of this profit-seeking illicit network.103 Chapter six assesses “the state reaction” to the profit-seeking illicit network the Arellano Felix organization. It describes the historical relationship of the United States and Mexico in combating this PSIN and the resources and strategies the Mexican state has utilized to combat it. With a discussion of the US-Mexico relations, it describes how these states have found points of cooperation in combating profit-seeking illicit networks. It also briefly elucidates the nature of 103 Friman and Andreas 1999. 29 pacts between state authorities at various levels and transactional illicit networks designed to eliminate territorial illicit networks.104 The conclusion summarizes the important findings of the dissertation and identifies important consequences to current US-Mexican government strategies. In the short term, the decapitation of cartels will result in younger management figures that are more violent and territorial.105 It addresses the implications of transactional versus territorial PSIN resilience and the resulting impact upon the future of globalization and sovereign states.106 Further it provides theoretical and policy implications of the argument that includes the prediction that as transactional PSINs are more resilient, corruption and stunted democratic institutionalization will be the long-term problems in states strong enough to defeat territorial PSINs. It will illustrate how the cheap availability of technology wrought by globalization has narrowed the advantages of the state vis-à-vis illicit networks and how states cooperate to mitigate this new reality. The challenge of transactional PSINs can only be met through deep institutional reforms to the appropriate military, social and judicial institutions, which will necessarily require economic structural changes in developing states to marshal the resources for the battle with PSINs. 104 Jones 2010c; Felbab-Brown; Felbab-Brown 2009c. Felbab-Brown 2009a. 106 Sassen 2006; Schendel and Abraham 2005; Friman and Andreas 1999. 105 30 Chapter 2 Literature Review: Three Levels of Illicit Network Analysis: Internal, Domestic and Global There is a rapidly growing literature on the illicit global economy, defined as “the system of transnational economic activities that are criminalized by states in importing or exporting countries.”107 Add to this the extensive literature on organized crime, literatures on conceptions of the state, network theory as applied to states and criminal actors, and the small but significant literature on resilience, and a literature review without carefully prescribed boundaries could expand ad infinitum. The focus here is thus on the structure of drug trafficking organizations or profit-seeking illicit networks. While much of the existing international relations literature on networks focuses on the positive aspects of networks as social movements like advocacy networks, the focus here is on the growing literature on “illicit” or “dark networks.”108 To quote a recent article, “understanding international organized crime and terrorism in terms of networks has become a widely accepted paradigm in the field of international relations.”109 Illicit network structure triggers different reactions from states as will be argued in the theoretical chapter. An assessment of what particular characteristics of illicit networks have been identified in the literature on illicit networks is thus critical. 107 A distinction is drawn in the “illicit flows” literature between that which is illegal versus that which is illicit. Legality refers to state laws on a given practice or commodity while “licitness” refers to the social acceptability among populations however defined. On issues like child pornography they overlap to an overwhelming degree, but on issues like the consumption of substances like marijuana this is not always the case. The support for a legalization of Marijuana initiative, California Proposition 19, is an interesting case in point. It enjoyed 44% of the public’s support in California opinion polls despite a concerted effort by the federal government officials to defeat the initiative. Roosevelt and Hoeffel 2010; Friman and Andreas 1999; Schendel and Abraham 2005. 108 Milward 2003. 109 Jones 2008a. 31 The existing international relations and globalization literature on illicit networks can efficaciously be divided into three parts: (1) those that focus on the internal structure of illicit networks, (2) those that focus on the domestic structure of the illicit network in relation to its host state and (3) the global structure of illicit networks which assess the structure of illicit networks based on the changing structure of the international state-system often referred to as “globalization.” These are often broader political economic arguments taking into account markets, sovereignty and borders. This tripartite division of the literatures is useful because it highlights the levels of analysis problem in assessing illicit networks. By levels of analysis, I mean what is the unit of analysis under study? Are we (1) assessing the smaller nodes involved in trafficking like traffickers, producers, distributors and protection rackets? Are we (2) assessing the “collusion,” “confrontation” or “tolerance” of the state as part of the network?, or finally, are we (3) assessing the network structures under the conditions of globalization which have fueled the capabilities of illicit networks, or their implications for international relations? While some authors straddle these divisions, they each have a theoretical focus placing them at one of these levels. This literature review will demonstrate some ways in which these varying analyses can be synthesized to complement each other. This review of the literature on the structures of illicit networks will begin by elucidating the three main levels of analysis and their literatures: (1) internal structures, (2) domestic structures which include the relationship with the state, and finally (3) the global-structures level, which focuses on the unique aspects of border areas and broader arguments about the changing nature of the international system due to globalization. Throughout, this literature review will 32 describe points of convergence and areas where concepts presented by these three levels of analysis can be combined and understood as complementary, rather than mutually exclusive. 33 Part I. The Internal Structures of Trafficking Organizations The internal structure of drug trafficking organizations has been conceptualized in a myriad of ways by government reports and academics. While it has become popular to describe organizations and networks as mutually exclusive categories, they are rather elastic concepts each with important ideas for understanding the relationship between structure and resilience.110 This section describes the seminal works conceptualizing networks and organizations and the points of convergence between them. Definitions of Networks, Organizations and Organized Crime Networks are conceptually defined as the space between markets and hierarchies, according to Arquilla and Ronfeldt in their influential the Advent of Netwar.111 We can imagine a continuum: at one pole is the ideal market with its perfect information, buyers and sellers coming together through the price mechanism driven purely by the forces of supply and demand. The image of the bazaar might come to mind to describe this pole. At the opposite pole we can envision the perfect bureaucratic hierarchy, with many layers of management organizing vast resources toward singular goals which are not always addressed by markets; such as national defense. The image conjured might be of the Roman Legion or even the highly bureaucratized and effective US military with its many ranks and thereby layers of management. In between these poles of ideal types is reality; between these ideal types, are networks.112 Networks are relationships between “nodes” or “actors” which can reduce “transaction costs” and resolve “collective action problems” “in the absence of central authority” in both licit 110 Arquilla and Ronfeldt 2001, chap. Phil Williams. Thompson 2003; Arquilla and Ronfeldt 2001; Arquilla and Ronfeldt 1996b; Arquilla et al. 1997. 112 Thompson 2003; Arquilla and Ronfeldt 1996b; Wasserman and Faust 1994; Scott 2000, 2:. 111 34 and illicit business.113 Filial networks of trust can protect illicit networks from law enforcement infiltration by the state and rivals.114 Some network theorists like Page and Podolny reject the tripartite division of markets, networks and hierarchies, arguing instead that hierarchies are simply highly centralized networks, while markets like perfect “spot markets” are network nodes with no ties.115 According to Page and Podolny, networks are defined as: Any collection of actors (N≥2) that pursue repeated, enduring exchange relations with one another and, at the same time, lack a legitimate organizational authority 116 to arbitrate and resolve disputes that may arise during the exchange. Networks survive in an evolutionary and marketized fashion. When a node is removed from the network, another eventually takes its functional place or the network restructures entirely to accommodate. Nodes can be individual actors or organizations in networks. Internally they can vary in their degree of hierarchy and be “tightly” or “loosely coupled” amongst each other. But in their relationships with other nodes in illicit networks, they tend to be “loosely coupled.”117 Nodes and entire networks that do not adapt to exogenous factors e.g., the challenge of states or other drug trafficking organizations (DTO’s), are removed from the system to be replaced by more resilient networks in an evolutionary fashion.118 Granovetter argues that nodes or actors within networks who have weak ties to other parts of a broader system can serve as important “bridges” to other parts of a network. This can be critical in the illicit world in which criminal organizations may have opportunities for profit based on contacts with other criminal networks, i.e. suppliers, traffickers, enforcers or distributors, etc. Thus, the actors in networks with “social capital” become important “non- 113 Arquilla and Ronfeldt 2001; Arrow 1974; Wasserman and Faust 1994; Podolny 1998. Arquilla and Ronfeldt 2001. 115 Podolny 1998, 59. 116 Podolny 1998. 117 Weick 1976. 118 [CSL STYLE ERROR: reference with no printed form.]; Chabot 2008. 114 35 redundant nodes,” or as Burt calls them, “structural holes.”119 These will prove important for explaining why key individuals and nodes became so important or lost status. Krebs describes the difficulties in mapping covert networks in his analysis of the 19 September 11th hijackers. He concludes that there are 4 “networks to map” that should be used to understand illicit networks: (1) trust, (2) task, (3) money and resources, and (4) strategy and goals.120 Kahler uses existing data, including Krebs’ analysis, on Al Qaeda to engage in an internal network analysis of the terror network which argues that it has shifted from a highly centralized and tight-knit network prior to 911, to a loosely coupled/decentralized network which relies on the vision it provided prior to 911 and local insurgencies/social movements to act independently of any central command from Al Qaeda leadership.121 Defining the Organization Like pornography, organized crime is easier to “know it when we see it,” than to define it systematically. According to the Mexican government’s definition of organized crime: When three or more people make an agreement to organize or form an organization to engage, in an ongoing or reiterated fashion, in activities that by themselves or together with other activities have as a goal or a result the commission of any or several crimes… they will be legally classified and 122 penalized because of these actions as members of organized crime. According to Karl Weick, organizations are collections of individuals trying to “make sense” of the world around them. For Weick, they go through an iterative learning cycle. Their ability to adapt is based upon their ability to learn and “make sense” of their environment. Factors which can improve their ability to survive disruptive events can include the ability to break through rigid hierarchical relationships, such as, rank to be more adaptable. He uses the 119 Granovetter 1983, 202-203; Burt 2001; Burt 1995. Krebs 2002. 121 Kahler 2009. 122 Garzón 2008, 21. 120 36 Mann-Gulch disaster and the case of fire fighters trying to escape a massive fire to demonstrate the characteristics and failures of a resilient organization.123 Weick’s work is foundational for the High Reliability Organization (HRO) literature and is relevant to the study of illicit network resilience. Chabot adds to Weick’s complex circular model by adding two important environmental variables which strengthen the Arellano Felix Organization’s resilience; “a vast consumer-base” in the United States and “diminished societal rule of law” in Mexico.124 Though cognition and the ability to learn are important factors, organizational survival in the face of disruptive events, or resilience, is more than just a cognitive exercise. The structure or the architecture of the organization matters as well; particularly when that organization is deeply embedded within a larger network of alliances for services and resources.125 One of the key arguments among network theoreticians is that flatness in networks increases their resilience.126 Organizational management has its own literature on “the effects of flat or tall organization,” going back to the 1960’s. Carzo and Yanouzas argued through an experiment between different groups assigned a task with varying degrees of hierarchy, that there was no statistically significant difference between the speeds of decisions in a flat or tall organization. Rather their experiment found that there were advantages to taller organizational structures. However, in his critique of Carzo and Yanouzas’ experiment and analysis, Norman P. Hummon found their statistical analysis and experimental design severely flawed. Thus, flatness may be an important variable in the success or failure of networks.127 123 Weick 1995; Weick. Chabot 2008, 199. 125 Weick 2001. 126 Arquilla and Ronfeldt 1996a; Arquilla and Ronfeldt 2001, chap. Phil Williams; Ibid., chap. Introduction by Editors; Kenney 2007b. 127 Yanouzas 1969; Hummon 1970. 124 37 Organizations? Networks? or Both? I view organizations as nodes within larger networks. For example, the Arellano-Félix Organization is a transport and protection node of a larger drug production, trafficking and distribution network of illicit narcotics from the Andes to the United States. It is in many ways the “central” node of the network, not just geographically, but relationally; commanding a dominant and central network position.128 False dichotomies are drawn in the policy world between networks and organizations. According to a 2006 Congressional Research Services report: Traditional vs. Modern Networks. Definitions of transnational organized crime often differentiate between traditional crime organizations and more modern criminal networks. Traditional groups have a hierarchical structure that operates continuously or for an extended period. Newer networks, in contrast, are seen as having a more 129 decentralized, often cell-like structure. Mexican drug trafficking organizations (MDTO’s) can be characterized simultaneously by these descriptions of networks and organizations. First, while they exist for extended periods of time, they form, break and reform relationships with other “cells,” “organizations,” or “nodes” to traffic drugs and engage in other criminal activities. Second, MDTO’s have changing relationships with the Mexican state, (another network node) depending upon political party in power, the degree of democratic consolidation and their ability to bribe officials.130 Third, they organize themselves internally along network lines. While some Mexican PSINs like the AFO have 5-6 layers of management, they are also decentralized in decision-making and compartmentalized into cells. This bifurcation between networks and organizations makes little sense for the AFO.131 128 Kenney 2007b; Kenney 2007a. Wagley 2006. 130 Ravelo 2005. 131 Jones 2009. 129 38 A better understanding of MDTO’s can be developed by recognizing that organizations represent nodes in networks. The illicit narcotics networks under study here span geographically from the South American Andean coca-growing region, to consumers in the United States, Europe, Russia, other world markets and increasingly Latin American domestic markets. Functionally, they include: coca farmers, extortion rackets at all stages of production, transportation and distribution cells, processing labs, various trafficking nodes, sea-submersible crews, landing-strip managers in Mexico, communications managers, enforcers, traffickers who specialize in trafficking at the US border, distributors and street-gangs within the United States.132 Phil Williams argues, that the bifurcations drawn between hierarchies and networks are problematic despite the practice’s dominance in law enforcement and academia. He defines networks broadly to include organizations that may be hierarchical: A network can be understood very simply as a series of nodes that are connected. The nodes can be individuals, organizations, firms, or computers, so 133 long as they are connected in significant ways. In contradistinction to his editors in Networks and Netwars, he argues that: The traditional hierarchical model long associated with Mafia families in the United States, for example, does not need to be jettisoned: After all, it is possible to have networks of hierarchies, hybrid organizational forms with some hierarchical components and a significant network dimension, and even a 134 network of networks. For Williams, the explanatory power of social network analysis in the business and sociology literatures is in their emphasis on the relations between nodes.135 One problem with network analysis is in determining the “boundary” of the network.136 Where does the network begin and end? Who do we consider a member of the network? Is a 132 Kenney 2007b. Arquilla and Ronfeldt 2001, 66. 134 Ibid., 69. 135 Arquilla and Ronfeldt 2001. 136 Wasserman and Faust 1994. 133 39 carpenter who is coerced to assassinate on behalf of the illicit network by threats to the life of his family a member of the network or simply a tool? Are we assessing individual nodes or the networks themselves? Simply stating that networks survive or reform despite the actions of state law enforcement is borderline tautological given the powerful supply and demand forces involved in illicit narcotics trafficking. Are individuals the nodes/actors? Or are entire organizations? This project takes trafficking nodes and the organizations that control them as its level of analysis. Nodes will be assessed internally for flatness or degree of hierarchy measured in terms of layers of management. It is of course cognizant of trafficking nodes’ position in larger global networks.137 Networks typically allow for flatter organizational structures by bringing organizations together in “loose couplings” that are very flexible and adaptable.138 Each node in the network has its degree of hierarchy based on its needs and the tasks it must engage in.139 For Arquilla and Ronfeldt, nodes within criminal networks are never hierarchically organized. This analysis of internal structures of the nodes themselves found that there are varying degrees of hierarchy. Arquilla and Ronfeldt are generally correct in suggesting that network nodes are not hierarchical, but as the empirical chapter will show, this is not always the case. There can be “networks of hierarchies,” as Williams argues, of which the core node in a wheel model network can be a good example.140 137 Kenney 2007b. Weick 1976; Weick 2001. 139 Corchado 2007. 140 Arquilla and Ronfeldt 2001. 138 40 41 Figure 3. Chain, Wheel and All-Channel Networks Three Network Structure Basic Network Types as Illustrated by Arquilla and Ronfeldt Chain Network Hub or Star Network All-Channel Network 141 Arquilla and Ronfeldt have identified three ideal network “topologies” which they call, ‘chain,’ ‘star or hub’ (wheel) network and the ‘all-channel’ network.142 These three network structures can challenge the state in different ways. The all-channel network is not well suited to the illicit world because it lacks compartmentation. Remove one node in the network and it becomes possible to discover the entire network. Thus, the all channel network is more suited toward the licit action of civil society groups utilizing technology to challenge democratic states in a legal fashion through control of message and public opinion, rather than insurgencies or traffickers.143 On the other hand, chain networks are the most logical starting point for the development and inception of illicit networks and are empirically where most begin.144 Over time, chain networks are consolidated into wheel networks by core nodes that provide protection and 141 Figure 3 adapted from introduction. Ibid. Ibid. 143 Ibid. 144 Ibid.; Arquilla and Ronfeldt 1996b. 142 42 enforcement services. Wheel networks can be dismantled by the state and remaining nodes will typically reform, at least initially into chain networks.145 Drug trafficking in Colombia provides the prototype model for this process. The Medellín and Cali cartels consolidated Colombian trafficking into two large wheel networks during the 1980’s and 1990’s.146 The Colombian state in conjunction with the US military dismantled the core nodes of these networks in 1993 and 1995 respectively.147 The resultant Colombian trafficking model is made up of smaller specialized cartelitos more reminiscent of chain networks.148 Michael Kenney demonstrates via interviews with jailed Colombian smugglers that the Medellín and Cali Cartels, were wheel networks. Kenney assessed the smuggling aspects of the drug trafficking business, which may explain his key finding that despite the description of these “cartels” by law enforcement as hierarchical and menacing they were in reality very flat at 3-4 layers of management. This analysis differs from Kenney’s in that it assesses a broader swath of these organizations, which includes enforcers that are layer of management intensive. Michael Kenney’s earlier work also describes how wheel network core nodes can be easily targeted by states like the US and Colombia for removal. Thus he argues that wheel networks, while efficient and profitable, may be vulnerable to attack.149 United Nations Report Typologizing Criminal Organizations There are further conceptualizations of networks, hierarchies and criminal organizations provided by government reports. In 2002 the United Nations Office of Drugs and Crime 145 Kenney 2007b. Ibid. 147 Ibid.; Bailey and Chabat 2002; Bowden 2001; Arquilla and Ronfeldt 2001. 148 Garzón 2008. 149 Kenney 2007b; Kenney 2007a. 146 43 surveyed leading criminologists on the structures of 40 organized crime groups. The report authors describe five types of criminal organization: The five typologies identified and a short introductory explanation of each are as follows: [1.] ‘Standard hierarchy’: Single hierarchical group with strong internal systems of discipline. [2.] ‘Regional hierarchy’: Hierarchically structured groups, with strong internal lines of control and discipline, but with relative autonomy for regional components. [3.] ‘Clustered hierarchy’: A set of criminal groups which have established a system of coordination/control, ranging from weak to strong, over all their various activities. [4.] ‘Core group’: A relatively tightly organized but unstructured group, surrounded in some cases by a network of individuals engaged in criminal activities. [5.] ‘Criminal network’: A loose and fluid network of individuals, often drawing on individuals with particular skills, who constitute themselves around an ongoing series of 150 criminal projects. 150 2002a. 44 Figure 4. 151 The UNODC pilot study identifies the AFO as a “clustered hierarchy.” There is a core group of leaders which are Arellano family members and close associates and there are other hierarchies tied to the core group in clusters. This characterization is consistent with the findings of the empirical chapters but does not explain the important role of business strategy in illicit network resilience. Providing some of the best empirical and historical descriptions of Mexican drug trafficking organizations (MDTO’s), is George Grayson in his book Mexico: Narco-Violence and a Failed State? In it he empirically describes the internal structures of the cartels and also argues that they have significantly weakened the Mexican state.152 151 152 Figure 4 from UNODC Pilot Study. Ibid. Grayson 2009a. 45 Why Flatness Leads to Resilience Flatness can increase resilience or robustness of illicit networks in a number of ways, including, reducing decision times, mitigating the need for doctrine, increasing learning, adaptability and scalability through alliances.153 1. Fast Decisions. First, flatness reduces the time of decision-cycles. Flat nodes or networks can make decisions quickly because they have few layers of management from top to bottom. Once decisions are made they can be implemented quickly throughout the network. In illicit networks they can also be implemented with a high degree of efficiency because the penalties for failure or insubordination often involve death or the death of family members. Hierarchies on the other hand, tend to have congestion in their highly centralized and bureaucratic structures.154 Implementing new procedures can be difficult for hierarchies. However, institutionalizing procedures can be more difficult for flat networks or nodes because they have short memories and lack formal mechanisms like publications. 2. Doctrine. Second, flat networks typically do not have to formalize their operations through doctrinal handbooks and manuals.155 Some networks like Al Qaeda create manuals which are distributed via the internet or via other means, but this is the exception, not the rule.156 In contrast, the US military must go through an extensive learning process to create new doctrine. This process often ends in failure because of differences within the bureaucracy. The many layers of management which must 153 Yanouzas 1969. Kenney 2007b; Hummon 1970; Yanouzas 1969. 155 Arquilla and Ronfeldt 2001. 156 Kenney 2007b. 154 46 approve the changes in doctrine and the cognitive dissonance about the founding principles of the institution are a source of stagnation. 157 3. Learning and Adaptability. Flatness in structure is often the result of the ability of organizations to learn. Networks choose to be flat and compartmentalized as they learn from the failure and capture of members or other criminal organizations. Flatness and learning thus have a “mutually constitutive” element.158 Flatness can make learning and adaptability more rapid because of the ability to make decisions quickly and respond to changes in the external environment of the organization. Learning organizations will also flatten themselves through the practice of compartmentation.159 Flatter structures are often the result of historical lessons and learning. One of the lessons learned in tandem with the importance of compartmentation is the value of a shift to “the low-profile” strategy. Especially for profit-seeking drug trafficking organizations, as distinct from similarly organized terror networks, this strategy is more likely. Threatening the state is not a prerequisite for drug trafficking organizations as it is for terror networks. Drawing attention to the network results in attacks from the state. The strategy of maintaining a low profile is adopted to mitigate this threat as it detracts from the ability to do business. Further, in diffuse flatter networks, enforcement can be achieved through ostracism. Nodes or actors within the network which draw attention to network operations are removed from the network by simply not being contacted again.160 157 Nagl 2002; Downie 1998. Klotz and Lynch 2007. 159 Kenney 2007b. 160 Ibid. 158 47 Networks viewed as “loosely coupled” organizations also have the ability to decentralize decision-making.161 This improves information gathering and accuracy of understanding of decisions. Information does not have to be filtered upward toward a central bureaucratic hierarchy with many layers, consuming time along the way. Rather, individual nodes in the network with specific specializations can make in-the-field decisions immediately and are expected to do so, as they are organized in a decentralized fashion. 4. Alliances. Flatter networks are also capable of forming alliances and may indeed rely on alliances to minimize degree of hierarchy by minimizing management needs.162 They do this out of necessity because smuggling cells alone must be contracted to be part of larger networks. Mexican profit-seeking illicit networks rely on “loosely coupled” street gangs in the United States for many functions including a labor supply of individuals with “a comparative advantage in violence,” executions and assassinations in the United States, street level dealing and even retail distribution.163 On the production side, the AFO has established alliances with “belligerents” like the FARC which provide security, regulate prices for coca farmers in Colombia and ship cocaine to Mexican profit-seeking illicit networks.164 According to US officials, Pakistani militants have “morphed” through their use of alliances amongst each other into networks with no coherent leadership structure 161 “Weick (1976) defined “loose coupling” as a situation in which elements are responsive, but retain evidence of separate identity. Later he wrote that loose coupling is evident when elements effect each other “suddenly” (rather than continuously), occasionally (rather than constantly), negligibly (rather than significantly), indirectly (rather than directly), and eventually (rather than immediately).” Weick 1976. 162 Gulati 1998. 163 Weick 1976; Skaperdas 1992; Skaperdas and Syropoulos 1993; Skaperdas 2001. 164 Felbab-Brown 2009b; Felbab-Brown 2009c. 48 to attack.165 Smaller network nodes are more likely to engage in business dealings with other network nodes based on high degrees of “trust” rather than “name brand recognition” of hierarchies.166 How Flatness Can Reduce Resilience Many nascent criminal networks fail. As Kahler describes, there is a tendency to assess successful criminal or terrorist networks, but few study failed networks.167 This has led researchers to overestimate the resilience of flat network structures.168 Or, as was pointed out earlier, truly successful criminal networks remain so invisible that they are impossible to study. When criminal networks survive it is in an evolutionary fashion. Those that are best suited for the environment and capable of adaptation survive, while those that fail to adapt are removed from the system. While on average flatness increases resilience, it can also have the opposite effect, particularly for illicit criminal networks. First, I argue that a small organization or network is easy to “wrap up” by arresting all members in one fell swoop. Flatness and smallness often correlate with each other. A small organization is more likely to be captured in its entirety by law enforcement or suffer total destruction in conflict with rival criminal groups. Larger organizations become less susceptible to having their entire network “rolled up” by law enforcement. Criminal networks that are 165 Gall and Tavernise. The recent Goldman Sachs scandals are a good example. Investors sought out Goldman Sachs based on its reputation and trusted its advice. That advice was later discovered to be in favor of bad investments that benefitted Goldman-Sachs. Advice to the contrary was intentionally withheld. Whereas in the licit market this fraud is accepted and is unlikely to be prosecuted despite a Security and Exchange Commission (SEC) indictment, in the illicit market this fraud would be met with violence or would never occur because smaller network nodes would form a business relationship based on a higher degree of personalized trust. Crippen. 167 Kahler 2009. 168 Jones 2008a. 166 49 composed of “loosely coupled” and highly compartmentalized cells are most difficult to dismantle and thus most resilient.169 Second, compartmentation can hinder resilience as much as help it. Compartmentation can reduce information flows within the network. A lack of information-sharing, can a make a criminal organization subject to numerous environmental hazards. For example, a lack of intelligence-sharing among cells about law enforcement operations could result in the arrest of members and the seizures of important drug loads.170 A lack of coordination among compartmentalized cells in an illicit network could result in the execution of perceived rivals when in reality the victims were smuggling on behalf of another cell of the network.171 Third, “poor decision-making” and “excessive risk-taking” are common problems in dark networks. Flat networks can be the result of the flattening of more hierarchical networks through the removal of leadership figures. This can result in inexperienced and young leadership. These young leaders will have a high propensity for violence because they lack experience in nonviolent dispute resolution mechanisms. Drug use among new, young illicit network leaders can also lead to erratic, impulsive and violent decisions and the death of new illicit networks.172 Fourth, “scalability” is limited in illicit networks. The ability to add size, resources and capabilities via lateral relationships may be overstated as a means by which networks are more 169 Weick 1976; Kenney 2007b. Kenney 2007b. 171 For example, one “Juarez cartel” hit-man was a member of a cell that was so compartmentalized he never knew who his employer was. He always assumed it was the Juarez cartel under Amado Carillo-Fuentes. In the 1990’s that was a logical assumption. But when the Juarez cartel found itself in a war with the Sinaloa cartel under the leadership of “Chapo” Guzman, that assumption was no longer viable and he was uncertain as to which cartel he worked for on any given assassination. This is an example of how too much compartmentation can lead to an organization which literally cannibalizes itself. It becomes susceptible to exploitation from outside organizations and the state and can thus reduce the resilience of the organization leading to its replacement by a new network. Jones 2009; Bowden 2009. 172 Felbab-Brown 2009a. 170 50 resilient; social trust and ethnic kinship ties are usually required. These groups typically splinter if they try to expand themselves too far.173 Resilience in Hierarchies There are many reasons why hierarchies have survived and become the dominant governance structure in the international system. First, hierarchies are capable of organizing vast resources. Militaries are the quintessential hierarchies. They have rigid structures embodied by openly displayed ranks. Although they can be fraught with bureaucratic inefficiencies, militaries can be some of the most remarkably efficient and resilient institutions. Hierarchy provides clear command and control over the organization and clearly understood divisions of labor.174 Second, militaries like all hierarchies have the ability to network themselves. A lieutenant in Iraq does not need to ask superiors all the way up to the President to order an artillery strike in the field. Rather he radios a target to a central communications hub and an artillery unit or air-support is contacted to fire. “Hierarchies can network themselves” through standard operating procedures (SOP’s), within generalized rules of engagement (ROE’s).175 Third, hierarchies are resilient because they have clear lines of succession. When a leader is killed, a replacement is immediately known and the hierarchy is able to regenerate. Only under sustained attack do hierarchies begin to break down. As Privette describes, the Cosa Nostra was a resilient network because of its hierarchical structures. There were clear lines of succession when leaders were killed and replacements were ready and able to take the mantle of leadership. It was only when the “entire network” was “wrapped” up that the US government 173 2008d; Jones 2009; Astorga 2007. Brennan 2008; 2010x; Sullivan 2008; Scott 2000, 2:; Arquilla and Ronfeldt 2001; Hammes 2004. 175 Brennan 2008. 174 51 could plausibly have claimed to have controlled the Cosa Nostra, despite the fact that it continues to function in a much more limited fashion.176 Fourth, hierarchies have the ability through centralized command structures to overcome collective action problems. Hierarchically organized states can tax and invest in infrastructure which markets do not provide on their own. States in Europe were founded on their ability to wage war and collect taxes as Charles Tilly argues.177 Even today with increased privatization of security, most private military contractors compete for state contracts rather than self-funding sources like controlling diamond mines.178 Reduced Resilience in Hierarchies However, hierarchies can also lack adaptability. First, standard operating procedures or SOP’s can be suboptimal in certain situations.179 What happens when the rules of engagement restrain soldiers in the field to their detriment and the detriment of their mission? In cases such as these, rules of engagement must be changed sometimes requiring the approval of the commander in chief and necessitating a great deal of time for information to be processed upward and command decisions and new strategies to percolate downward to soldiers in the field.180 Second, hierarchies have deeply ingrained internal biases that stifle adaptation and learning. Both Nagl and Downie describe the US Army’s conventional “big war” bias and refusal to learn from its unconventional war experience in Vietnam.181 Part II. The Domestic Structure of Illicit Networks 176 Privette 2006. Tilly 1990. 178 Rupert 1999. 179 Keohane 2005, 1:114. 180 Downie 1998. 181 Nagl 2002; Downie 1998. 177 52 The second level of analysis I identified in the literature on illicit networks were those that assess the relationship between the state and illicit networks. Shirk and Astorga define the types of relationships the traffickers can have with the state and make policy suggestions accordingly. They identify “complicity,” “confrontation” and “tolerance.”182 Sabet reaches similar conceptualizations by analyzing the municipal level of Tijuana police and organized crime. He categorizes the relationship between organized crime and local law enforcement as “collusion,” “confrontation” or “tolerance” in Tijuana.183 State-Criminal Symbiosis Gootenberg sees a more complex picture of the relationship between the state and DTO’s: The relation looks more “symbiotic” than the zero-sum oficialista idea that governments ban and fight bad drugs and that sinister narcotics dealers subvert states and rules. Much is written on this theme since drug literatures are characteristically “state-centric…” Local US police forces, with diminishing federal aid, can live off proceeds of confiscated “dealers” property, with scant concern for the constitutional due process for the policy’s victims… Anglo 184 banks in Miami or Houston are relatively immune from prosecution. On the one hand states ban narcotics, legally and through discourse, while on the other hand tolerating their existence and even benefitting from their trade. Menno Vellinga also sees varying relationships between traffickers and the state which include complex symbiotic relationships. For Vellinga, cartel strategy is one of the most important factors explaining the relationship of traffickers to the state. In a 2004 article, he describes the Medellín cartel’s confrontational relationship which challenged Colombian 182 Ibid., 24. Sabet 2011. 184 Schendel and Abraham 2005, 111. 183 53 political elites. The Cali cartel focused more on corrupting the state but could also react to the state with violence.185 Once these large cartels were removed smaller, lower profile informal trafficking groups with looser connections formed to traffic drugs from the Andes to Europe and North America. They relied on “couriers” travelling on “regularly scheduled international flights;” in other words, the “illicit” travelled along the “licit.” Vellinga could also be characterized as assessing the internal structure for these organizations in terms of size and business practices. He notes importantly that the large organizations continue to thrive in Mexico and they tend to respond to the government with more violence than these smaller organizations and networks referred to by Garzón as “cartelitos.”186 Chestnut assesses the symbiotic relationship of profit-seeking illicit networks and the state by analyzing what motivated North Korea to engage in state sponsored illicit activities and when the state began outsourcing to illicit networks like the Chinese Triads. She identified moments of economic desperation and weakened domestic political control as key points in which the North Korean regime moved toward the use of illicit activities. For Chestnut, North Korean illicit economic activities including counterfeit dollars, counterfeit cigarettes, opium cultivation and narcotics trafficking were key mechanisms of regime survival.187 Snyder and Duran Martinez assess the relationship between the state and drug trafficking organizations using the cases of Mexico and Burma. Theirs is a political-economic argument which suggests that Mexico’s increase in drug related violence is due to the decentralization of the Mexican security apparatus in conjunction with the decentralization of Mexico’s drug 185 Vellinga 2004; Garzón 2008. Vellinga 2004. 187 Chestnut 2007; Chestnut 2005. 186 54 trafficking organizations and Mexico’s democratization. Through this democratization and decentralization the state can no longer negotiate with traffickers because it cannot make credible long term promises. 188 State Capture Arguments Buscaglia, Gonzalez-Ruiz and Ratliff, argue that five levels of organized crime infiltration of the state have been identified by policy makers and academics. They can be summarized as follows: (1) “sporadic acts of bribery or other abuse of public office in local government agencies by organized crime,” (2) “frequent corruption in low-ranking state officials on the organized crime payroll. This second kind of infiltration is commonly directed at international border checkpoints to ease the traffic of illegal goods and human beings,” (3) “organized crime infiltrates the mid-ranks of public sector agencies in an attempt to capture the operational effectiveness of, for example, law enforcement and the judiciary, thus easing the operations of criminal groups,” (4) “The fourth level of infiltration compromises the heads of public agencies, like the former Mexican drug czar, responsible directly or indirectly for fighting organized crime–related activities (Buscaglia and Gonzalez-Ruiz 2002) or occurs in agencies providing potential long-term benefits to a criminal group, such as Paraguay’s custom office,” and (5) “organized crime encompasses the capture of the state’s policies by criminal groups who are then able to bias lawmaking, law enforcement, and judicial decisions themselves.”189 Bailey and Godson provide “six images” for conceptualizing organized crime in Mexico. The first is “contained corruption.” Here the state is controlled at the state and local levels and has effective control over organized crime which is “dispersed” and “fragmented.” The second image is “centralized-systemic” governability in which the state exerts central control and 188 189 Duran-Martinez and Snyder 2009. Buscaglia, Ratliff, and Gonzalez-Ruiz 2005. 55 subordinates “disciplined hierarchical” organized criminal groups. The third is “centralized systemic (formal and shadow)” which is similar to the second image except that it includes a shadow government capable of controlling organized crime. The fourth image is “fragmentedcontested” governability in which the state and governability are directly challenged by organized crime. The fifth image is “marginal ad hoc corruption.” The sixth image is “decentralized, targeted corruption” which is the highest level of political-criminal nexus. They conclude that the chapters in their edited volume generally point to “Image IV fragmentedcontested political-criminal linkages” to describe governability in Mexico, while “Image V (Marginal ad hoc corruption)” they found most aptly described “US Borderlands.”190 190 Bailey and Godson 2000, 218. 56 Section III. Globalization and Illicit Networks The third and final category of the literature review is work which focuses on the dark/illicit network structures which benefit from the increasingly globalized international system. They question the fundamental building block of the international system, “the territorially sovereign state,”191 its future, its dependence on borders and the very premise that it has “a monopoly on the legitimate use of force.”192 Schendel, for example, argues that “illicit flows” and “borderlands” erode the reality and the concept of “the territorially sovereign state.”193 Others like Andreas argue that the state’s reaction to illicit networks serves to reinforce it in a never-ending cycle. Some like, Adler and Schendel provide models that conceptualize state pressure on orders which can be combined with our understandings of the internal organizational structures of these networks to provide us with a better understanding of the structure and resilience of these networks at multiple levels of analysis.194 Fukumi, citing Lupsha, views “transnational organized crime [as] a feature of an international capitalist market economy where the motive is to pursue maximum wealth with minimum risk.”195 Globalization The processes of “globalization” are complex but have key characteristics most social scientists agree on: (1) the spread of markets, (2) privatization/deregulation, (3) the spread of human rights, and (4) the diffusion of democratic values.196 First, most authors agree that the contemporary epoch is not the first period of globalization. Without going back to the opening 191 Spruyt 1994. Weber 1958. 193 Spruyt 1994; Schendel 2005; Schendel and Abraham 2005. 194 Schendel and Abraham 2005, chap. introduction citing Adler. 195 Fukumi 2008. 196 Chua 2004, 1:. 192 57 of the silk roads connecting east and western civilizations, the nineteenth century nation-states through colonialism expanded markets and resource extraction world-wide. Keohane and Nye described “complex interdependence” in Power and Interdependence in the 1980’s and argued that the processes had begun following the Second World War.197 The current period intensified following the fall of the Soviet Union, the opening of the east-bloc states and economies, the “death” of communism as a viable alternative to capitalism,198 and the improvement of communications technologies.199 While many have argued in favor of the positive aspects of globalization, others like Naím have urged policy-makers to recall the “dark side of globalization” manifested by illicit networks.200 Middle classes are squeezed out particularly in Latin America where they have difficulty competing with cheap Chinese labor (due to currency manipulation).201 Grayson described how globalization’s cheapening of communications technologies has exposed the impoverished youth in developing states like Mexico to the extreme opulence globalization has provided, which, without education, they can never legally attain.202 This raises their sense of “relative deprivation” and increases their likelihood to join drug trafficking organizations in an attempt to attain the wealth they have been exposed to.203 States are weakening vis-à-vis licit and illicit non-state actors and networks. This has re-raised the perennial issue in international relations of the future of the international state system. Scholars have responded to the question in a myriad of ways. 197 Keohane and Nye 2001, 3:. Fukuyama 1992. 199 Friedman 2007, 1:. 200 Naím 2005. 201 Garrett 2004; Geoffrey 2004. 202 Grayson 2009a. 203 Gurr and Woodrow Wilson School of Public and International Affairs. Center of International Studies. 1971; Gurr 1993. 198 58 Mary Kaldor’s New and Old Wars argues that the line between criminality and civil war is blurring in “new wars.” She uses Bosnia in the 1990’s as an example of the phenomenon.204 Weak State Arguments The state can be viewed as a protection racket according to Gambetta.205 So too, goes the argument of Charles Tilly in his analysis of the rise of the modern state in Europe. “War made the state and the state made war.”206 When states are weak or failing, “alternate governance structures” e.g. organized crime, warlords, corporations, mercenaries, etc., can arise to fill the gap or exploit the weaknesses of the state as Clunan and Trinkunas argue.207 The following elucidates some of the key authors who have addressed the issue of weak states and the rise of organized crime. Skaperdas provides a political economic argument suggesting that organized crime arises to provide “protection” where there is a vacuum of state authority. He has provided extensive formal models on Warlordism which describe the conditions under which warlordism arises. Mafias can also be viewed as “alternative governance structures” according to Skaperdas and are typically organized along hierarchical lines according to his analysis of the American Cosa Nostra and other organized criminal groups. These mafias arise or are strengthened where state authority is weak though they provide protection at “much higher costs” than we “normally associate with modern governance.”208 He demonstrates that through prohibitionist policies states choose to remove some of their own power to regulate illicit commodity flows. This is a key point which many other scholars agree on, including: Francisco Thoumi, Peter Andreas, 204 Kaldor 1999. Garzón 2008. 206 Tilly 1985; Tilly 1990. 207 Clunan and Trinkunas 2010. 208 Skaperdas 2001; Skaperdas and Syropoulos 1993; Skaperdas 1992. 205 59 David Shirk and Jorge Chabat. At the root of illicit drug trafficking is the “prohibition” regime which is embodied by the 40 year “war on drugs” declared by President Nixon.209 For Chabat, the problems of the drug war could be reduced to a much less costly level if legalization, medicalization or decriminalization policies were established in drug consuming states allowing the state to focus on drug consumption as a public health issue.210 Andreas similarly argues that states have engaged in a never-ending cycle of increased enforcement of borders in “a spectacle” designed to appease domestic constituencies. Ironically, the increased enforcement shifts the nature and location of the trafficking of labor and drugs and creates more difficult work for the law enforcement agencies tasked with enforcing the borders. For Andreas the root cause of trafficking is a global prohibition regime on drugs and the discord between neoliberal economic policies and the prohibition of the free flow of labor and illicit goods.211 In the same vein, Gootenberg argues that state discourse empowers states vis-à-vis illicit networks. It serves to define some commodities as “illicit” as a mechanism for asserting control over territory. He takes a “commodity” view of illicit narcotics and points out that these commodities, which covered their cost of freight as easily as jewels, had state borders superimposed upon them in the 20th century.212 Schendel takes a different intellectual path in his argument that states are weakening or were never as strong as they have purported to be. He defines “borderlands” as a “zone, or region, within which lies an international border, and a ‘borderland society’ is a social and 209 Chabat Interview responses (Video) 2009b; Andreas 2001. 2009g; Grayson 2008b. 211 Andreas 2001. 212 Schendel and Abraham 2005, 107. 210 60 cultural system straddling that border.”213 “Borderland practices” “partially unbundle” “the inherited model” --“the link between territory and sovereignty,” which the nation-state is dependent upon because-- “they are based on ways of imagining power and space that differ from the ‘heartland’ practices that underlie much social science theorizing.”214 Schendel’s argument moves beyond the state’s conception of territoriality and suggests that in some regions border cultures are created which re-conceptualize territorial boundaries. A World of City-States? Related to Schendel’s “borderlands” concept, author Moises Naím provides an important framework for understanding the geography of state strength and weakness and warns of new a new fundamental unit of political authority entering the international system. Naím argues that there are “bright spots” within states which are comprised of “metropolises” and “dark” masses where state authority is weak. In this model, power emanates from metropolises, usually state capitals, but weakens in border regions.215 Feudalism Another theoretical paradigm which attempts to explain the role of illicit networks in the international system are models which compare organized criminal groups who can subvert governance in whole or in part to Medieval Feudalism. Flores-Peres refers to “the feudalization of the [Mexican] state,” for example in his dissertation El Estado en Crisis.216 Feudal arguments generally compare organized crime’s control over terror or aspects of illicit economic life and the 213 Schendel 2005, 8. Ibid., 4-5. 215 Naím 2005. 216 Perez 2005. 214 61 monarch’s of Medieval Europe who pluralistically shared authority with religious authority and owed their serfs protection in exchange for the fruits of their labor.217 Feudal pluralism is analogous to the competition between states and organized crime/PSINs in a multitude of ways. The state maintains its sphere of the licit and legal markets while organized crime attempts to control the illegal and illicit markets. In between they share plural authority in many places e.g., where agents of the state collude and benefit from the illicit market profits and where organized crime attempts to legitimate itself by investing in licit/legal businesses, financing elections, or, as in the case of Pablo Escobar, running for political office.218 Professor Edgardo Buscaglia, advisor to the United Nations Office of Crime Prevention, has called this regionalization and fragmentation the “feudalization of organized crime.” He defines this as the ‘capture’ of regional governments by crime groups, a result of the central government’s inability to implement policies in different areas, where authorities have been captured and it is impossible for the central government to implement its programs. He says, “…crime groups establish an alternative state where they control all of the 219 services.” With this discussion of feudalism there comes a temptation to compare organized crime to insurgency, “a political-military attempt to overthrow an existing state.”220 While there are many similarities between insurgencies and PSINs--including but not limited to, the use of violence, terrorism, taxation, and extortion-- their end goals are different. Organized crime seeks to weaken the state “parasitically,” while insurgencies seek to overthrow it all together, according to Tom Shannon Under-Secretary of State for Western Hemispheric Affairs.221 There are however examples of criminal organizations with political aspirations and insurgencies which digress into criminality in whole or in part as discussed in the introduction. 217 Laski 2003. Bowden 2001. 219 Garzón 2008, 104. 220 Beckett 2001; Brands 2009b; Jones 2008b. 221 Testimony before the Senate Foreign Relations Committee on the Merida Initiative. Thomas Shannon 2007. 218 62 The state aggressively tries to reassert itself against the challenges posed by illicit networks, as Peter Andreas argues in his book Border Games. The state spends ever more money in a self-reinforcing cycle.222 Andreas makes a similar argument: Borders are not eroding or remaining unchanged, but are being recrafted through ambitious and innovative state efforts to territorially exclude CTAs [Clandestine Transnational Actors] while assuring territorial access for “desirable” entries.223 But how can we conceptualize these state increases in border enforcement and their impact upon the resilience of illicit networks? Adler, cited by Schendel, has provided two models, “the capillary” and “the double-funnel,” to describe the global structure of trafficking when states put increased pressure on borders. The capillary model is dominant when there is limited state pressure on borders. In this scenario trafficking and smuggling operations tend to be smaller in size but larger in number. They can be characterized as “mom and pop.” There are a large number of them and as the term capillary suggests, they can smuggle illicit goods in very small shipments. Once the state chooses to enforce its borders the capillary model is replaced by the double funnel model.224 The double-funnel model is dominant when state pressure on borders is high (See Figure 5 below). In this scenario, the number of trafficking/smuggling organizations will decrease, but their sophistication will increase. The increased sophistication required to smuggle goods across borders that are enforced, (payments to corrupt border officials, high technology transportation methods like tunneling, submersibles, low flying planes etc.) lends itself to a smaller number of more sophisticated trafficking organizations to overcome high startup costs. This leads to a funneling effect at borders, while production and distribution nodes remain large in number and 222 Andreas 2001, See Introduction. Andreas 2003, 80. 224 Schendel and Abraham 2005. 223 63 diverse. Border trafficking models described by Adler give context to the environment in which these illicit networks operate.225 Independently, Marcelo Bergman conceptualizes a similar double-funnel model. He uses the model to explain why drug trafficking organizations choose to “funnel down” in transit to avoid state interdiction strategies and subvert border enforcement. His finding is that in transit, drugs and profits are concentrated in the smallest number of hands, those of traffickers and that is the best way to avoid US interdiction efforts.226 225 226 Ibid. Bergman 2010b; Bergman 2010a. 64 Figure 5. Capillary and Double-Funnel Trafficking Models227 Capillary Model of Illicit Flows Characterized by small diffuse networks operating independently (Schendel) Porous State Border Challenging the Double-Funnel Trafficking Model (Adler cited by Schendel) Labor intensive at point of distribution Narrow and Sophisticated in transit Enforced State borders Labor intensive at point of production 227 Adler 1993; Schendel and Abraham 2005; Schendel 2005; Jones 2008b. 65 Combining the Double-Funnel Model and the Wheel Network Figure 6 below, is an attempt to graphically demonstrate the compatibility between the double-funnel model and the wheel network concept. It graphically demonstrates how Mexican cartels provide the core trafficking nodes of networks. Figure 6 illustrates how a small number of trafficking core nodes in transit countries can orchestrate a large number of distribution and production nodes which are labor intensive. Wheel network nodes are positioned geographically in distribution and production zones in “the funnel openings” of the diagram. The lack of wheel “look” is simply a matter of diagramming. The current structure of PSINs in Mexico and that of Colombia in the 1980’s and early 1990’s are best encapsulated by figure 6’s double funnel model. 66 Figure 6. Combining the Double-Funnel Model and the Wheel Network 228 These cores are the most threatening to the state because they can accumulate and concentrate resources. They are structural holes, meaning they occupy non-redundant positions in the network. When core nodes are removed, wheel networks are disrupted. However, over time these disrupted wheel networks reform into chain networks which are more efficient and don’t threaten the state. This transition is depicted in Figure 7. Figure 7 is an attempt to graphically demonstrate what many in Mexico, and likely the Mexican government, hope is the structural end-state for trafficking in Mexico. The goal of the current government strategy is to dismantle the large Mexican trafficking organizations through 228 Jones 2008b. 67 kingpin or decapitation strategies. This has resulted in increased levels of violence as the groups engage in infighting resulting from leadership vacuums. The end-state desired has been achieved in Colombia, where as Villenga has demonstrated, smaller organizations and networks which have maintained “a low profile” that do not threaten the state or its political elites have become the dominant business strategy.229 For Arquilla and Ronfeldt and also Michael Kenney this end-state is represented by the concept of “chain networks.” For Adler these chain networks will still be limited in number but not so limited as the current Mexican cartel system with seven large cartels and a number of other smaller trafficking operations. Thus, for Adler it is still a double funnel model due to border enforcement but the funnel is not as thin in the middle due to a larger number of sophisticated networks. Figure 7 is the structure of what that end-state might look like combining the multiple models presented in the literatures on the structure trafficking in Mexico.230 229 230 Vellinga 2004. Kenney 2007b; Arquilla and Ronfeldt 1996a; Arquilla and Ronfeldt 1996b; Adler 1993. 68 Figure 7. Combining the Double-Funnel Model and the Chain Network 231 Figure 7 illustrates that there is still a funneling in that a small number of sophisticated illicit trafficking organizations in the overall system of increased border enforcement, but also shows that trafficking nodes increase their specialization and become smaller to focus on specific aspects of trafficking. This figure demonstrates the compatibility of the various models and concepts within the various literatures. This model combines border enforcement literature with, the internal structures of illicit trafficking organization literatures. 231 Jones 2008b. 69 When do the different figures apply? Figure 6’s double-funnel model applies when states have begun enforcing borders pressuring criminal activity to move from small capillary mom and pop organizations to centralized organized crime in the form of wheel networks. It is centralized in that core nodes occupy controlling positions for production, distribution and transportation nodes throughout the network. Figure 7 demonstrates how, when state pressure becomes sufficient, the hierarchical core wheel node networks are dismantled through decapitation strikes and break into smaller more sophisticated chain network nodes that traffic drugs efficiently but maintain a lower profile and do not threaten the state’s monopoly on political power or force. Figure 7 encapsulates Colombia’s narco-trafficking structures after the destruction of the Medellín and Cali Cartels.232 Summation The categorization of scholarly works on illicit networks by (1) internal network structure, (2) domestic network structure and (3) global network structures, are useful for understanding the levels and units of analyses in illicit networks. This literature review has demonstrated that the works relevant to illicit networks come from a myriad of disciplines including: political science, criminology, sociology, economics, public policy, political economy, business management, network theory and Latin American and other regional studies. The three part levels of analyses division of the literature are ideal types with significant overlap in practice. The “weak state,” “alternately governed spaces” and “feudalism” arguments could be placed in both the domestic structure level and the global structural level depending on what they emphasize or the breadth of their argumentation. They could be viewed as at the domestic level because they describe the relationship of illicit networks with the state by carving 232 Bowden 2001; Ford 2007; Felbab-Brown 2009c. 70 out chunks of territory where state governance is weak. They can also be viewed as redefining the international state system by introducing new units of analysis and challenging the centrality of the territorially sovereign state in the international system. Like so many of the works cited in this literature review this dissertation straddles the conceptual divides of the divisions made in this literature review. It situates itself within the internal structure literatures due its independent variable of (hierarchy/centralization) and the dependent variable of resilience. internal structure However, because my argument about the reaction of the state to PSINs emphasizes the domestic structural relationship of the state to the illicit network, this is the critical level of analysis of the theory. The concluding chapter provides implications of the theory for long term globalization and the future of the sovereign state system. Figures 5, 6 and 7 demonstrated the compatibility of the first level of analysis of internal structures and the second and third levels of analyses of domestic structure and state border enforcement in a globalized political economic environment. Figures 6 and 7 further demonstrated how increased border enforcement and state confrontation can eventually decapitate large cartels into smaller cartelitos that are more like chain networks than their vertically integrated and hierarchical predecessors. These organizations will still be small in number at border crossing points but will be increasingly specialized in smaller and more specific aspects of trafficking. Adler’s model demonstrates how increased border enforcement simply increases the power and strength of large criminal organizations forcing the migrants into the hands of traffickers to whom they owe money in perpetuity. The hope is that Mexico will follow the Colombian path. With sufficient and sustained pressure, the larger cartels will be broken down into smaller, sophisticated and highly specialized cartelitos that the state can 71 manage.233 In the short term, the strikes against cartel heads have only appeared to make drug trafficking in Mexico more violent. By no means could this be considered an exhaustive illicit networks review of all potentially relevant works, but rather this literature review provides a sampling of the most relevant and respected works and authors on illicit network structures. The theoretical chapter will provide important causal mechanisms and intervening variables to elucidate my argument that the state reaction to PSIN business strategies is critical to understanding illicit network resilience. 233 Garzón 2008. 72 Chapter 3: Illicit Network Resilience: A Theory “Dark” or “illicit” networks, also referred to as clandestine transnational actors (CTA’s) include: (1) terrorist networks like Al Qaeda, (2) Mexican drug trafficking organizations (Mexican profit-seeking illicit networks) like the Arellano-Félix Organization (AFO), (3) prison gangs like the Aryan Brotherhood and (4) street gangs like Mara Salvatruche (MS-13).234 These “dark networks” threaten the security of states by directly challenging state governance and flouting legal norms. Within the larger category of illicit networks are transnational criminal organizations (TCO’s) or profit-seeking illicit networks (PSINs). These profit-seeking illicit networks are particularly strengthened by the process of globalization which has added privately available communications technology and increased economic interdependence to the international sovereign state system.235 States have expended great resources attempting to combat these networks to little avail.236 How do these networks structure themselves to be so resilient? How can they be dismantled? Why do states attack some illicit networks and not others? There is an extensive literature which identifies “dark networks” and “netwar actors” as threats to security. In this literature, the network structure is identified as critical to understanding why these networks survive. Arquilla and Ronfeldt argue that flatter, headless, or hydra-headed structures, will be more likely to survive because these structures are minimally 234 Chabot 2008; Andreas 2003; Milward 2003. Naím 2005. 236 Manwaring 2007; Manwaring 2005; Manwaring 2009. 235 73 impacted as leadership is removed.237 Illicit networks face incredible threats to their survival. They compete with the state, which has the ability to arrest or kill leadership figures as a regular feature of business. They face violent threats from rival networks, which have the ability to gather intelligence against them in the underworld.238 Utilizing the case of the Arellano–Félix Organization over its thirty year history, 239 this dissertation inductively explains the relationship between profit-seeking illicit network structure, defined in terms of degree of hierarchy or “flatness” (independent variable) and resilience (dependent variable) in profit-seeking illicit networks.240 It began with two simple hypotheses: 1) flatter structures (independent variable) would increase resilience (dependent variable), and the converse 2) more hierarchical structures (independent variable) would reduce resilience (dependent variable). In the course of research, both archival and interview-based, the business strategy of the PSIN was identified as a critical explanatory variable and an argument of profit-seeking illicit network resilience emerged based on how the host-state reacts to profit-seeking illicit networks. The AFO illustrates that when illicit networks fragment, they do so along the lines of varying business strategies. When those business strategies are territorial or extortion-based, civil society, the state and rival illicit networks ally against them to eliminate the threat they pose to the business and security environment. States maintain large potential economic advantages over PSINs, but can only marshal them when political will of the state, society and civil society are galvanized against illicit networks. For example, Mexico’s gross domestic product (GDP) is 1 trillion dollars, while total 237 Arquilla and Ronfeldt 2001; Arquilla and Ronfeldt 1996b. Kenney 2007b; Kenney 2007a; Bailey and Chabat 2002. 239 Blancornelas 2002, 1:. 240 Kenney 2007b. 238 74 Mexican drug trafficking profits are estimated at 18-39 billion dollars.241 Assuming properly funded security institutions, the state should easily trounce profit-seeking illicit networks in Mexico.242 Explaining why the Mexican state and states generally target some profit-seeking illicit networks and not others is the focus here.243 Typologizing Illicit Networks I posit that there are three ideal types of illicit networks; (1) insurgent and (2) transactional and (3) territorial profit seekers. The following is a description of the characteristics of each. 1. The Insurgent Network The first is characterized by insurgency defined as a political movement attempting to overthrow a state through the unconventional use of force. Terrorist groups like Al Qaeda that use terrorism as a “logic of action” are included in this type, but so are more traditional insurgencies that use terrorism as “a method of action” while retaining their “mass base of support.” The presence of political ideology is a critical characteristic in defining insurgent illicit networks; though alone it is insufficient. This type includes religious and ethno-nationalist networks. The relative importance of the political ideology must be evaluated in relationship to the illicit network’s profit-seeking activities. This can only be done qualitatively and on a case-by-case basis; though quantitative metrics would also be useful for evaluation of each illicit network. The relative strength of various cells within the network, assuming it can be defined as a single network with a coherent identity, is also important to the evaluation of insurgent illicit networks. 241 2008a; 2008; 2010u. Mexico generates less than 9% of GDP in taxation. That is the lowest rate in Latin America with the exception of Haiti. 40% of government revenues are derived from the state oil monopoly PEMEX. 2010f. 243 2008f. 242 75 The focus of this project is not on insurgent illicit networks, but on profit-seeking illicit networks, which comprise the base of the triangular continuum in the model below. 76 Figure 1. A Three Part Illicit Network Typology Insurgent Transactional (Profit-seeking) Territorial (Profit-seeking) Explaining why the state reacts to insurgent networks is simple; the state is directly challenged and threatened by insurgent violence. Insurgents seek to overthrow the state through violence, which challenges the state’s “monopoly on the legitimate use of force.”244 Insurgent networks attempt to delegitimize the state and limit the state’s “domestic control” calling into question its sovereignty.245 Whether the state is democratic or authoritarian is irrelevant to a strong state response to an insurgency. Rather the success of the insurgency will depend on its strength versus the state. The state’s relationship with primarily profit-seeking illicit networks is far more complex. Why does the state attack some profit-seeking illicit networks and not others? Two Profit-Seeking Illicit Network Types246 The business strategy of profit-seeking illicit networks can be divided into two camps, the transactional and the territorial. The “transactional” business strategy focuses on trafficking, 244 Weber 1958. Krasner 1999. 246 The observation of the different business strategies is attributed to an unnamed Mexican government source in a recent Economist article: 2010j. 245 77 utilizes sophisticated businessmen and college graduates, eschews violence where possible and attempts to maintain a “low profile.” On the other hand, the territorial model focuses on taxing the plaza or territory they control. They also traffic drugs but “diversify” into kidnapping, human trafficking, firearms trafficking, extortion, taxing illicit activities, the domestic distribution of drugs, etc. These models are ideal types and illicit networks can be viewed as being on some point on the continuum between them according to the proportion of these various activities in the network. No profit-seeking illicit network perfectly embodies all of the business strategy characteristics, but some come very close and a list of which illicit networks generally fall where in Mexico is provided in appendix Q. 1. The Transactional Type The ideal type of the transactional illicit network focuses entirely on the business of trafficking and laundering the proceeds.247 Transactional traffickers hide their wealth behind front businesses. At its extreme a transactional PSIN is a single, flat trafficking or money-laundering cell with one layer of management. Transactional illicit networks are the most difficult to identify and study because they can appear entirely licit. Transactional PSINs tend to corrupt higher levels of government. In democratic federal systems, they target federal officials. Transactional profit-seeking illicit networks tend toward the use of violence only to fend off rival traffickers instead of using it against the local population. Due to the need for specific trafficking routes, even transactional 247 Ideal types are a staple of political science. The most famous example in political science is Weber’s use of typologies to describe where legitimacy is derived. He argued all authority was provided by some combination of three types, “charismatic,” “legal” and “traditional.” No individual case would perfectly fit this model, as they were “ideal types” like Plato’s “forms.” Ideal types are nonetheless useful for understanding sources of authority or in this case, business strategies and their different implications for governance. Weber 1958. 78 PSINs have some territorial elements, but they do not make money extorting the local population; instead extorting illicit actors and trafficking drugs through the region. Transactional PSINs focus on bribing higher levels of government like the military and federal police, while state and local police tend to be bribed more by territorial cartels which are more likely to be in contact with municipal police. If the argument presented here holds true we would expect the arrest of illicit network members to be higher among territorial PSINs that use teenagers as low level extortionists and are unable to establish relationships with the state because of their violent territorial business strategies. Also, transactional PSINs or transactional cells of PSINs should be arrested at lower rates and should bribe higher level government officials if the model holds. Transactional PSINs may dominate a territory, but do not make their money from the predatory extraction of taxes from that territory. Rather they profit from trafficking illicit narcotics through the territory. They may tax for this service but that taxation typically does not extend into the licit world. On the other hand, territorial PSINs have a comparative advantage in the provision of violence and extract taxes from their territory. As a result, territorial PSINs tend to be more territorial and utilize territory in a more predatory fashion. Transactional PSINs in Mexico also assist local Mexican licit businesses in exchange for piso. These are not extortion schemes, but actual business services including the provision of government permits, protection from predatory police officers, business connections, among many other potential forms of assistance.248 The violent externalities produced by transactional traffickers are located primarily in consumption states and among drug-abusers in the transit country (an increasing problem 248 2011b. 79 in Mexico). These are not inherently violent externalities, but rather corrosions of democratic institutionalization and the rule of law. 2. The Territorial Type Territorial profit-seeking illicit networks focus on the control of territory that can generate revenue through taxation; much like the state itself. These profit-seeking illicit networks traffic drugs through their territory, but may also rely on taxing other traffickers using their plaza, extortion, kidnapping, taxing legal and illegal street vendors among other illicit activities. Territorial PSINs expand and diversify their activities. These networks are more hierarchical because they must police their territories to prevent other smugglers from trafficking without paying the cuota. Thus, they need more enforcers and managers. Their primary commodity is the control of taxable territory.249 The negative externalities of territorial PSINs are borne primarily domestically through violence and extortion. The territorial traffickers use violence to demonstrate that the state lacks control over territory and is incapable of governing or they use it to send messages to rival traffickers. They utilize symbolic violence and arranged bodies with narco-mensajes to convey messages to the local population, state agencies and rival traffickers. They stage acts of violence that are public and do not result in profits to demonstrate a lack of government control.250 The profit-seeking illicit network’s business strategy is structurally determined by its “comparative advantages in violence,” number of enforcers, degree of hierarchy, local knowledge and connections, ability to negotiate, business connections among other 249 250 Tilly 1990. Booth and Fainaru. 80 characteristics of the individuals comprising the illicit network. PSINs often cannot consciously choose business strategy types, rather they have certain advantages and they exploit them. As the case study will demonstrate, the Teo faction of the AFO tried to become more transactional but with heavy overhead and limited connections needed to continue kidnap activities despite the backlash. The business strategy also has a “feedback loop” relationship with degree of hierarchy in the networks because the high number of enforcers to patrol territory requires more managers and therefore more degrees of hierarchy.251 Territorial PSINs tend toward higher levels of organizational hierarchy while transactional PSINs tend toward flatness as the figure below demonstrates. Figure 8. The Relationship between Hierarchy and Business Strategy in Illicit Networks Low Degree of Hierarchy “Flat” Transactional Business Strategy High Degree of Hierarchy Territorial Business Strategy 252 The most manpower intensive need of territorial PSINs is the number of enforcers needed to control a given territory. Enforcers must be recruited and trained along disciplined, hierarchical police and military lines. They mimic the organizations from which they buy training through corrupted, military, police and state-trained mercenaries, as we will see with the 251 252 Easton 1965; Klotz and Lynch 2007. Beith 2010. 81 AFO. Transactional illicit networks can actually increase their profits by limiting “overhead” by employing a fewer individuals, but more highly trained and sophisticated agents and utilizing corruption to buy hierarchy from the state apparatus. Where labor is needed, it can be subcontracted. Most Mexican PSINs have a minimum of five layers of management and are central nodes in wheel networks.253 Though illicit networks with the same level of hierarchy can be found choosing both business strategies, transactional illicit networks with high levels of hierarchy in terms of their layers of management tend to be much larger in size relative to similarly hierarchical territorial illicit networks. For example, the Sinaloa cartel is primarily transactional in character but uses many “go-betweens” to protect core members of the network. It could be argued to have a higher level of hierarchy. This is due to its vast size in comparison to other Mexican PSINs.254 Transactional illicit networks also tend to increase their degree of hierarchy in response to challenges with territorial profit-seeking illicit networks, rather than choosing to increase hierarchy in a vacuum.255 Most profit-seeking illicit networks are hybrids between the territorial and the transactional types with varying proportions of each. The following list presents twenty-six key business strategies of territorial versus transactional PSIN types. 253 Jones 2009. Marosi 2011; Richard Marosi and Ellingwood 2010. 255 For example, the Sinaloa cartel recruited very heavily from local gangs and significantly increased its size to battle the Juarez cartel and its armed wing La Linea for control of the Juarez plaza. 2009f; AP 2010. 254 82 Table 1. Territorial Versus Transactional: Business Strategy in 26 Areas Business Strategy in 26 Areas Territorial Traffickers Transactional Traffickers 1. Treatment of Territory Focus on control and taxation of territory More hierarchical due to need for enforcers Emphasis on trafficking over territorial control Flatter structures, but can be hierarchical. A smaller number of highly sophisticated individuals Lifestyle low profile (No conspicuous consumption). Or lifestyle is explained by front-businesses Extorts illicit businesses but profits mostly from trafficking drugs. Establishes norms of paying piso extortion tax regularly for illicit businesses. Kidnappings limited to enforcing drug debts and those involved in crime. Sometimes utilized when network is profit starved always high profile targets. More emphasis on corrupting police or evading altogether. Pays off high level commanders. Focus on bribery of officials over symbolic violence or threats but will use symbolic violence in confrontations with territorial traffickers. Greater funding of political campaigns especially the federal and state levels, but also local. Experienced managers. Typically have or hire some business, law, accounting degrees, etc. Fewer enforcers more smugglers and intelligence. Enforcers focus on bodyguard and security operations. Large organizations but higher profit margins due to relative numbers involved Less violence toward society, some violence directed at rival traffickers, more likely to use intelligence to tip state security apparatus off to rivals. 2. Degree of Hierarchy 3. Profile Flashy lifestyle (Gold Plated Guns) 4. Extortion as a source of profit Extortion of illegitimate and legitimate businesses used en masse. Extortion of petit bourgeoisie. 5. Kidnapping Kidnappings of citizens uninvolved in underworld. Lower intelligence on targets. Targets held for short periods of time. Killing police officers in large numbers 6. Violence against police 7. Use of symbolic violence 8. Political campaigns Symbolic violence use very heavy. Cutting off heads. Youtube.com postings, public hangings of bodies from bridges. Some funding of local political campaigns 9. Management Typically younger leadership often more violent (Ephemeral) 10. Use of enforcers More enforcers 11. Size Larger organizations in terms of numbers of individuals involved More violence toward society and rival traffickers. More likely to have street gun battles and come into conflict with police or local turf battles. Profits primarily from: Kidnapping/extortion and taxing small smugglers for use of territory 12. Violence toward society 13. Where profit comes from 14. Retail drug sales 15. Domestic use of street gangs More retail drug sales in their territory More use of local street gangs domestically 83 Profits from trafficking drugs, money laundering, financing drug production, high profile kidnap victims, legitimate businesses, front-businesses, government contracts, etc. Fewer retail drug sales in their home territories Lower use of local street gangs domestically 16. Crime rates 17. Corruption/Bribes 18. Adaptability 19. Alliance Stability Higher crime in areas controlled by these groups Tend to bribe lower levels of government (Local Cops) Less adaptable in smuggling methods but able to diversify activities to compensate. Fewer alliances; less stable. More likely to annex local street gangs and change their identity. Lower crime rates in areas controlled by these groups Tend to bribe higher levels of government (Federal/State) Highly adaptable in smuggling methods. More alliances with other groups. Alliances more stable and based on business interests. More likely to create "federations" with other transactional cartels. More sophisticated trafficking methods, sea-submersibles, ventilated tunnels, air transport, all of which may require large initial investments, etc. Greater capital reserves, less need to diversify criminal activity. 20. Trafficking Method Sophistication Sophistication of trafficking dependent upon smuggling group being taxed 21. Capital Reserves Less capital reserves resulting in a diversification of criminal activity to cover overhead of enforcers when drug profits drop due to market forces or border enforcement. 22. Violence toward state, society and political elites Highly violent threat to state, society and political elites Lower violent threat to state, society and political elites. Dangerous corrupting influence 23. Investment in local population Invest heavily in local population Invest heavily in local population and central government corruption 24. Use of Firepower Heavy emphasis on firepower Lower emphasis on fire power 25. Assassination Strategies Random assassination strategies (Bounties for killing any police officers, etc.) Strategic assassinations targeting specific high ranking individuals for specific reasons 26. Terror Bombings More likely to engage in terror bombings More likely to ally with state than use terror 84 Resilience Definition Resilience is defined as “the ability to survive a disruptive event.”256 For a PSIN like the Arellano-Félix Organization, daily operations are fraught with the potential for disruptive events including: the arrest of key leaders, lieutenants or even the killings of leadership figures. Seizures of large shipments of drugs can also potentially bankrupt core nodes of the PSIN. Recognizing that disruptive events are a regular feature of life in this type of PSIN is insufficient. The variable must be defined and the circumstances under which a network can be shown to be more or less resilient, even if only ex-post facto disruptive events, must be delineated. A significant weakness in the existing literature on resilience is that it is treated as a simple “either-or” variable; the organizations survived or it did not.257 Rather, it has a significant degree of variance. We intuitively know that there are levels of survival. An individual can survive a traumatic event but go into “shell-shock” or an individual can treat deep traumas as empowering events like cancer survivors who complete long chemotherapy treatments with hope and optimism despite enduring traumatic pain and illness. Resilience applies not just to individuals but to networks and hierarchies as well.258 The bifurcated treatment of resilience is an incorrect and problematic gap in the theory and literature. The variable must be better elucidated to include variance and increase validity. My contribution to the literature is to present a continuum based typology of “levels of resilience.”259 The chart below demonstrates the basic types and a discussion of each is provided below. 256 Chabot 2008. Ibid. 258 Ibid. 259 Ibid. 257 85 Figure 9. Resilience Typology Resilience Typology Survive Intact Restructure Fragmentation Dissolution 1. Survive Intact. After a disruptive event an organization can survive intact without requiring major reorganization to survive. This is the highest level of resilience. It is best characterized by contingency theory designs, which argue that organizations that maintain highly adaptive structures as a matter of standard operating procedure will be most adaptable and resilient. Any reorganization following a disruptive event is thus a matter of course and does not constitute a major restructuring of the organization. Organizations with this type of amorphous design are highly adaptive but may be weaker in responding to anticipating predictable threats that a reified hierarchy could be incredibly efficient at combating.260 2. Restructuring. The second highest level of resilience is the survival of a disruptive event resulting in the need to restructure. This could be the organization’s internal recognition that to prevent similar events from occurring in the future or to better withstand them, major organizational changes must be made. Or it could be the result of a major disruption within the organization. In Mexican profit-seeking illicit networks, which are central nodes in wheel networks, disruptive events can include the arrest or killings of key leadership figures. 260 Rothstein 2006. 86 These events can force the rapid restructuring of PSINs, or worse, violent fragmentation of the PSIN.261 3. Fragmentation. Fragmentation is defined here as when a disruptive event leads to a splitting of the illicit network into smaller parts. This often occurs along lines of functional specialization, e.g. smugglers and enforcers split from each other.262 These splits are usually violent forms of internecine conflict with factions vying for control of the formerly unified whole. Thus, it is a lower level of resilience than peaceful restructuring. 4. Dissolution. Finally, central/core nodes or entire PSINs can be dissolved. This can be the result of state action in which the entire node is systematically dismantled beyond recognition. By “wrapping up” entire organizations through complex tedious and sophisticated law enforcement operations this can be achieved. This has been carried out effectively against organized crime networks in the United States.263 Resilience of Profit-Seeking Illicit Networks Different profit-seeking illicit networks structures and business strategies trigger different state responses. More territorial PSINs with business strategies that focus on kidnapping and extortion in addition to a lesser amount of drug trafficking will be targeted by states and their allies and thus have lower resilience. Given that states continue to have “the 261 Arquilla and Ronfeldt 2001. Splintering or fragmentation can lead to an increase in violence in multiple ways. New organizations cannot operate based on the “reputation for violence” once maintained by the original organization. This requires the reestablishment of a “reputation for violence” which can increase violence. The original organization, e.g. Cosa Nostra in the US, often times does not actually have to kill because the threat of violence is credible due to their established reputation. Further, violence may then occur and be advertized in more shocking and dramatic ways in an effort to intimidate and establish that reputation for violence. Central nodes of trafficking wheel networks are often characterized more as protection rackets than smugglers. Pablo Escobar was not a clever entrepreneur adapting new trafficking and smuggling methods. Rather, he coerced other entrepreneurs into his organization as they discovered new routes and methods. He can be credited with providing new resources to empower these smuggling cells by offering access to his airstrips, etc. but he was not the originator of smuggling techniques. Skaperdas 2001; Privette 2006; Sabet 2011; Bowden 2001. 263 Privette 2006. 262 87 preponderance of power in the international system” based on economic size, moral legitimacy and the resources of state allies, and assuming that to be true for the foreseeable future, the most critical factor for the survival of a profit-seeking illicit network is its relationship to its hoststate.264 Territorial PSINs tend to have more members to patrol territory and thus require more managers or more “hierarchy.” In periods of profit deprivation they must pay their members and thus must diversify their criminal activities. The criminal activities they choose rely on taxing their territory through extortion and intelligence activities typically associated with mafias.265 Territorial PSINs challenge the logic of the “territorially sovereign state” and create a societal backlash through extortion activities that prompts a strong state response. States tend to view territorial PSINs as common threats, increasing the likelihood that states will cooperate with each other and transactional PSINs against this challenge to the dominant unit of the international system.266 No illicit network is perfectly resilient, but some are more resilient than others. Mexican profit-seeking illicit networks are highly resilient. They survive under tremendous pressure, but with sufficient state resources applied against them, they can crumble. The state rarely applies the necessary resources against illicit networks and is vastly limited, in bringing resources to bear efficiently against them. The Arellano-Félix Organization is an example of this lukewarm reaction from the state. While the AFO has fragmented, its remnants may be more resilient than 264 Waltz 2001; Waltz 1979. Resa Nestares 2003. 266 Spruyt 1994. 265 88 before due in part to their new business strategies which allow for a modus vivendi with the state through corruption and higher profits.267 267 Jones 2009. 89 Figure 2. The State Reaction and Profit-Seeking Illicit Network Resilience Type of ProfitSeeking Illicit Network State Reaction Transactional Weak Level of Resilience Survive Intact Reorganize Territorial Strong Fragment Dissolution The Life Cycle of Profit-Seeking Illicit Networks (PSINs) The figure above, describes the inputs of the business strategies, the state’s reaction to them, and the output of the level of resilience. It graphically illustrates how the state reaction is weak against transactional networks, which results in the survival or reorganization of the illicit network. Whether the PSIN survives intact reorganizes, fragments or dissolves depends upon the strength of state institutions and the reaction from the state it has triggered. Often times, large PSINs will contain both territorial and transactional cells. When attacked by the state or rivals through “decapitation strikes,” they fragment along transactional and territorial lines and the process begins anew. The surviving networks will again trigger a powerful or weak state reaction based up on their new business strategies and the process continues in an evolutionary fashion. 90 Along the bottom half of the chart we can see the path of the territorial PSINs. A stronger state reaction is induced by these PSINs reducing their resilience. Depending upon the state’s security apparatus capability, that reaction will be sufficient to dissolve or fragment the PSIN. The figure above also illustrates the iterative nature of the theory. The resilience of a PSIN is constantly being tested in its competition or collusion with the state and other rival networks. The top half of the figure shows the path of transactional PSINs. Based on the state reaction against them they will be forced to restructure or survive intact. Again, the strength of the state reaction and the quality of the security and judicial institutions will determine whether the PSIN must restructure or survive intact. This theory focuses on the host state reaction to PSINs not the reaction of other affected states like consuming nations where the negative externalities of drug consumption occur. These states are also likely to react more aggressively toward territorial illicit networks depending upon the how much territorial extortion characterizes the PSIN’s business strategy. Democratic consolidation reduces the state’s threshold for tolerance of even primarily transactional PSINs. However, the absence of extortion and violence from transactional PSINs means that even democratically consolidated states will react with priority to territorial PSINs that focus their efforts upon the extraction of taxation over a given territory through extortion, kidnapping and murder. These violent activities also engender greater media and civil society responses, further galvanizing the states’ reaction against territorial PSINs. 91 How Civil Society Galvanizes the State Reaction The typology provided, helps us to understand the analytics behind the differing state reactions to profit-seeking illicit networks by understanding the networks and identify intervening variables and causal mechanisms to build a theory. There are an infinite variety of organized criminal networks with an infinite variety of potential business strategies and network architectures. Some typologizing is necessary. This project began by assessing the PSIN’s degree of hierarchy, but found that while hierarchy correlated in important ways with business strategy, the business strategy of the PSIN was far more important as an explanatory variable. The correlation with hierarchy was important, but because of the diversity of organized criminal networks, it was more difficult to produce a generalizable argument on the basis of hierarchy. In the course of investigation business strategy became the preferred variable. Territorial PSIN violence is caused by multiple factors including young and inexperienced leadership figures, a comparative advantage in violence, and limited drug trafficking connections. They have a comparative advantage in violence because they take with them low level enforcers in their splits with larger PSINs. Their labor force makes any decision to become transactional structurally unattainable and thus they are structurally limited to the extortionist business strategy until they can establish strong transactional trafficking and political contacts. The violence resulting from intra and inter-cartel conflict creates an intolerable situation for society by increasing homicide, kidnap and general crime rates. Civil Society networks pressure the state to react against territorial PSINs, which engage in extortionist and kidnapping activities because they are the perpetrators of the violent “high impact crimes” civil society is victim to. The violence is likely to be highly localized along trafficking corridors but aggregate 92 homicide rates and media attention will force national and local governments to react. When extortion and kidnapping reach into the petit bourgeoisie, professional classes and political elites, a critical mass of civil society is achieved; exerting strong pressure on the state and forcing it to react. In some cases simply targeting political elites for kidnapping is sufficient to galvanize the state apparatus against PSINs despite largely transaction compositions of those PSINs, e.g. Colombia’s strong state reaction to the Medellín illicit network in the 1990’s.268 Many victims of kidnapping and extortion are state employees, officials and leadership figures in addition to local businessmen. This increases the state’s propensity to respond to the territorial PSINs. State and civil society are also supported by rival PSINs which are preyed upon and in conflict with territorial PSINs. These are likely to be transactional PSINs, whose members are likely to be closely socially tied to public officials and civil society in “networks of complicity” and genuine social networks of “trust” and “kinship.”269 Lubricating this relationship between the state and transactional illicit networks are the “high capital” reserves and incredible profit to membership ratios these networks can achieve to corrupt public officials and the state apparatus. These transactional PSINs are incentivized to provide intelligence to the state coercive apparatus against their territorial PSIN rivals.270 As territorial PSINs become increasingly aware that the coercive apparatus has turned against them, they are likely to become ever more desperate in their attempts to change the relationship. With limited profits and capacity to corrupt, they often turn to terror bombings against the police and members of the military. This further galvanizes the state, civil society 268 Pablo Escobar triggered a powerful reaction against his Medellín cartel from the US and Colombian governments by targeting political elites and their children for death and kidnappings. His aim was political in nature however. He wanted to change the Colombian constitution to outlaw extradition and offered to pay all Colombian social programs with narcotics profits if Colombia would legalize cocaine. This would have made Colombia a pariah state according to Charles Bowden. It should be noted that this is insurgent in orientation not territorial. Bowden 2001. 269 Scott 2000, vol. 2, chap. Introduction. 270 Sadiq 2009. 93 and coercive response against extortionist PSINs. Having only violence in their management skill toolbox, territorial PSINs rely on terror-bombings, or the threat thereof, against the police and symbolic violence against the population to cow both groups into submission. With the full might of the coercive apparatus, the state, rival PSINs and even foreign governments against them, territorial PSINs suffer from reduced resilience; resulting in fragmentation or dissolution. The only situation in which territorial PSINs appear to be resilient is when the state is sufficiently weak and they are sufficiently strong to supplant the state. This is rare but possible failed states like Haiti and portions of Sudan and Somalia where, territorial PSINs and insurgent PSINs take on governing characteristics and supplant the state. The strength of state institutions and the level of democratic consolidation are critical. Democratic consolidation has ameliorative affects on the state’s ability to control organized crime. On the other hand if the state is so weak that it verges on failure or is failed, then the extortionist PSIN might serve as a viable “alternative governance structure.”271 Cases of states this weak are rare but possible. Consolidated democracies have less tolerance for illicit networks of any kind and are more likely to reach across state borders to target their leadership. This is politically feasible because the public in consolidated democracies supports strong anti-crime efforts and is particularly willing to act aggressively and violate other state’s sovereignty when their national security is threatened through acts like killing law enforcement.272 State bureaucrats in all states are also more likely to increase and institutionalize cooperation with 271 Clunan and Trinkunas 2010. One example of a PSIN killing a state law enforcement official is the 1985 killing of Enrique Camarena that triggered a powerful US response. That US reaction resulted in the dismantlement of the Guadalajara Cartel or the loose federation that had dominated Mexican trafficking. Shannon 1988. 272 94 foreign state counterparts when threatened by violent traffickers thus increasing the diffusion of democratic values at the bureaucratic level.273 States maintain the preponderance of power in the international system. States like Mexico have large GDPs and large potential tax bases to fund their own coercive apparatuses to eliminate illicit networks.274 But the modern state has other social responsibilities like providing for education, infrastructure and basic social services.275 This results in PSINs with greater resources to divert toward intelligence and combating government efforts than the state possesses. Rival Illicit Networks as an Alternative Explanation A counterargument to my state reaction argument of profit-seeking illicit network resilience is that rival PSINs may be more relevant to destroying other PSINs than states. This is certainly relevant to Mexico where levels of violence correlate strongly with inter-cartel warfare. Profit-seeking illicit networks defeat their rivals by successfully allying themselves with the state. This may explain why levels of violence in Mexico correlate with the presence of the Mexican Army and inter-cartel conflicts.276 We may see transactional PSINs corrupting the state and directing the state’s wrath toward territorial rivals. Thus, my state reaction argument addresses rival illicit networks’ effect on resilience through the inclusion of corruption as an intervening variable possessed by transactional PSINs and their assistance to the state.277 273 Allison 1971. Jones 2010c. 275 Buscaglia, Ratliff, and Gonzalez-Ruiz 2005. 276 Escalante Gonzalbo 2011. 277 Burnett and Penalosa; Burnett and Montagne; 2005. 274 95 Theoretical Implications of the State Reaction to Illicit Networks If territorial illicit networks are less resilient because of the state’s reaction to them, then surviving illicit networks will be largely, though not entirely, transactional and lacking in political agenda, other than what is necessary to meet their business needs. The surviving low profile transactional illicit networks will have grafted themselves into the state apparatus and created areas of “plural authority” within the state largely in areas related to law enforcement and trafficking routes.278 Where the size and strength of these networks is sufficient and the ability to accumulate resources in core nodes of wheel networks is sufficient, then the illicit networks will influence national as well as local politics. The ability to combat these illicit networks will have less to do with military capability, than it will have to do with improved judicial institutions prison system and other aspects of the legal system largely associated with consolidated democracies. The profit concentrations of transactional illicit networks allow them to fund political campaigns and insert themselves into the political system.279 As I began: States and territorial profit-seeking illicit networks are enemies, because they are so much alike. They are both: territorial, hierarchical, resilient, prone to violence and funded by taxation. Thus, states will target territorial illicit networks first reducing their resilience. Territoriality leads to the “diversification of criminal activities” like: extortion, kidnapping, oil theft, retail drug sales all of which increase societal pressure on democratic states to eliminate the threat.280 A societal backlash reduces territorial PSIN intelligence 278 Clunan and Trinkunas 2010, sec. Desmond Arias. Interestingly corruption can actually provide a check against trafficker’s ability to buy elections. Government contracts in developing countries are typically much larger than the actual cost of the contract. A portion of the markup is then used to fund political campaigns in an effort to garner more contracts. In this fashion, it is government money which funds elections and mitigates the effects of drug money on the political process by decentralizing the sources of corruption. 2011b; Arias 2006b. 280 Kidnappings in Mexico have become so widespread as to include “virtual kidnappings” in which territorial PSINs or independent kidnap cells/networks who have not kidnapped anyone call a victim and claim to be holding a friend or family member. They attempt to extort a smaller ransom as rapidly as possible; sometimes in as little as 15 minutes. Kidnapping in Tijuana became so rampant that by 2008 doctors and engineers (middle-class professionals) were targeted for kidnappings so heavily that the city’s doctors threatened a strike. Lacey; Conery 2009. 279 96 gathering capabilities and weakens them vis-à-vis the state and other illicit networks.281 Periods of fragmentation and confrontations with the state, speed up the process of “natural selection” between transactional and territorial PSINs. When illicit networks fragment along their lines of functional specialization, the result is warring territorial and transactional factions. Young inexperienced leadership will often choose to meet violence with violence and will face an ever-increasing threat from the state.282 If strong enough, territorial PSINs will be able to withstand the onslaught of the state and, if the state is weak enough, provide a viable “alternate governance structure.”283 Transactional PSINs will not emerge from these conflicts unscathed, but will have increased cooperation with the state through corruption and new tactics focused on “laying low.”284 The surviving transactional PSINs may even have increased profits as they have reduced their enforcer squad ranks and renewed focus on trafficking of illicit commodities and moneylaundering. Transactional PSINs are more resilient than territorial PSINs when state institutions are strong because they challenge the state less and are more capable of corrupting state institutions and carving a modus vivendi.285 On the other hand, territorial PSINs are typically larger, more hierarchical networks that are more capable of directly challenging the state’s “monopoly on the legitimate use of force.”286 Territorial PSIN are the most threatening to the state and thus are least resilient when state institutions are strong. However, state institutions are often weak in developing states and during democratic transitions. These vulnerable states are 281 Introduction page 1. Felbab-Brown 2009a. 283 Clunan and Trinkunas 2010. 284 Jones 2009. 285 Shirk and Astorga Forthcoming. 286 Weber 1958. 282 97 often assisted by neighboring states in their efforts to police borders and combat illicit non-state actors.287 It must also be understood that the territorial and transactional strategies are ideal types and most profit-seeking illicit networks contain varying elements of the two models. Thus, understanding these illicit networks must be achieved by assessing the available data on their behaviors, structures and assessing how strongly they correlate to these typological models. The first empirical chapter assesses the Arellano Felix organization along the lines of the variables described here to test my state reaction argument. In Colombia and Mexico an expression has arisen to describe the corrupting strategies of PSINs, “plata o plomo,” “the bullet or the bribe.” It refers to the inducing and deterrent strategies utilized in the coercive repertoire of PSINs. The more a PSIN relies on extortion and threats, the more it threatens the society, civil society and the state.288 That threat triggers a strong response, which if the state apparatus is strong enough, will reduce the resilience of the PSIN by forcing it to restructure or dissolving it entirely by arresting all of the network members or killing them. Transactional PSINs which rely more heavily on plata are more resilient; particularly in transit states like Mexico where the negative externalities of transactional PSINs are borne primarily in other states and the state is highly corruptible. 287 288 2010d; Danelo; 2010f; Cook, Rush, and Seelke; Lacey 2010; Johnson 2008. Bowden 2001. 98 Chapter 4 Methodology The following chapters will provide a historical case study of the Arellano-Félix Organization which seeks to explain the relationship between the illicit network’s business strategy and resilience. My goal in this chapter is to describe the methodology used to develop and refine existing network and organizational theory. My dissertation is a typological theory project, which integrates historical institutionalism and process-tracing to develop and test the proposed relationship between business strategy and resilience.289 I began by assessing the relationship between the degree of hierarchy and resilience. I was forced to change the independent variable of the dissertation when, upon analysis of the case study, I found that business strategy was far more important to resilience than hierarchy; though as discussed in the previous chapter, high levels of hierarchy and territorial business strategies are correlated with each other. In this chapter, I will first describe the case design, methods utilized and the last half of the chapter will discuss how I collected and analyzed the interview data while conducting fieldwork in Mexico over the course of nine months. 289 Ragin 2000; George and Bennett 2005; Van Evera 1997. 99 Case Selection The Arellano-Félix Organization was considered the most powerful drug “cartel” in Mexico in the 1990’s.290 It controlled the lucrative Tijuana-San Diego trafficking corridor into the United States. It employed paramilitaries and used mercenaries to train their sicarios or hitmen. But since the early 21st century, due to strong US and Mexican government pressure through the arrest of leaders, it was claimed by US and Mexican law enforcement that the AFO was “nearly” dismantled. Despite severe disruption and the fragmentation into internecine conflict, it continues to operate.291 It provided variation in the independent and dependent variables that allowed for validity. The case also resulted in the dissolution of one splinter network that allowed the case to be used as microcosm for a larger universe of cases particularly useful for the understanding of other DTO’s in Mexico. The level of analysis is the relationship between Arellano-Félix Organization (Tijuana Cartel) and the US and Mexican nation-states. The AFO can be viewed as a node “embedded” in a larger drug trafficking network and to the extent that it is vertically-integrated including processing in the Andes and distribution in the US, a network unto itself.292 The independent variable business strategy is described in chapter three and is correlated to “flatness.” Kenney defines degree of hierarchy in terms of the number of layers of management the network possesses, which is the metric utilized here.293 290 Blancornelas 2002, 1:. Grayson 2009a; Grayson 2009b. 292 Granovetter 1983; Klotz and Lynch 2007; Yanow and Schwartz-Shea 2006. 293 Kenney 2007b. 291 100 The Use of Typological Theory My dissertation is qualitative and positivist in orientation.294 It defines the dependent variable of resilience by creating a typology with variance in the Weberian tradition. His typology was comprised of ideal types and recognized that in reality, leaders, be they individuals or regimes, would derive their authority from some mixture of at least two or more of these types of authority.295 The typology developed in this project gives the variable resilience variance by creating a typology that conceptualizes the possible range of resilience following potentially disruptive events, e.g. the killings or arrest of leaders, the seizure of drug shipments, inter-cartel conflict, the loss of business contacts in source countries. The typology created has four-parts. At one pole is (1) the survival of the network intact, followed by (2) restructuring, further followed by (3) fragmentation or “splintering,” and finally at the far pole (4) dissolution. This typology is described in-depth in the theoretical chapter.296 Continuum-based typologies may also be useful for the development of future quantitative data collection and analysis.297 The hypothesized relationship between variables was that as flatness increases, so does resilience; though business strategy was identified as a critical intervening variable of such importance that it replaced degree of hierarchy as the independent variable (they correlate as described in chapter three). As the PSIN functions with fewer layers of management, its resilience will move along the typologized continuum toward greater resilience. I was forced to change my argument numerous times in the face of evidence leading me to the belief that inductive and deductive distinctions are false. My dissertation began by looking 294 Van Evera 1997. Weber 1958. 296 See chapter three. 297 George and Bennett 2005. 295 101 at data and studying a Mexican DTO in terms of its hierarchy and resilience. I then tested various hypotheses within the data I collected. Those hypotheses were often disproven, but were replaced or tweaked; then they were tested. Only then was an argument about the business strategy of an illicit network increasing or decreasing resilience developed. To say that one does not theorize until one has gathered all data is to say that one has not thought about one’s data. To say that one understood one’s theory from the beginning and simply gathered data to test and confirm it; is to lie. Historical Case Studies Historical case studies are rich sources of data for theory development. Criminal networks are inherently difficult to study because of how they mask communications and consciously avoid detection.298 The efforts of law enforcement to capture criminal networks including primary data sources like interrogations, extradition packages, wiretap transcripts, among other sources of evidence allow for the creation of rich case studies. These case studies can be mined for hypotheses and theory development through process-tracing methods.299 Due to the clandestine nature of these groups it is preferable to open “the black-box” of the criminal network by using historical case studies to understand how the organization is structured.300 Process-tracing is an effective methodological tool for understanding causal relationships and finding prime causes or variables. It is commonly described as “opening the black-box” of historical cases, an homage to the ability of “black-box recorders” in crashed planes to explain the cause of the crash and allow to prevent future catastrophes.301 298 Chabot 2008. George and Bennett 2005. 300 Chabot 2008. 301 Elman and Elman 2001. 299 102 Process-Tracing The empirical chapters use process-tracing in conjunction with historical institutionalism to establish causal relationships between business strategy and resilience.302 In process tracing, “the investigator traces backward the causal process that produces the case outcome, at each stage inferring from the context what caused each cause. If this backward process-trace succeeds, it leads the investigator back to a prime cause.”303 According to George and Bennet, The researcher attempts to trace the links between possible causes and observed outcomes. In process-tracing, the researcher examines histories, archival documents, interview transcripts, and other sources to see whether the causal process a theory hypothesizes or implies in a case is in fact evident in the 304 sequence and values of the intervening variables.” Process-tracing is compatible with typological theory development.305 It helps to identify potential alternate hypotheses and causal mechanisms that would not otherwise be identified. Further, process-tracing in conjunction with typological theorizing can overcome problems of equifinality, when different causes result in the same outcome. This iterative process of inductive typological theorizing and process-tracing helped to identify new hypotheses, causal mechanisms and intervening variables about theorized relationship between business strategy and resilience.306 Historical Institutionalism This historical institutional analysis of the AFO utilizes the concept of path dependency to explain organizational stability and identifies critical junctures in the organization’s history to explain change. Path dependency is a concept borrowed from economics literature which 302 George and Bennett 2005. Van Evera 1997. 304 George and Bennett 2005. 305 Ibid. 306 Ibid. 303 103 describes the tendency of organizations or institutions to maintain their structure or “path,” especially if those tendencies were part of formative/nascent events. Critical junctures, defined as major events, are capable of jarring the organization/institution loose from those paths.307 While this approach is conducive to rational-choice analysis, it is bounded by the concept of “institutional isomorphism.”308 Rational choice theory argues that actors will make rational decisions about the “expected utility” of choices. It conceptualizes a mathematical weighing of the costs and benefits of different decisions and their respective payoffs.309 But rationality in organizations can be bounded by: limited information, transaction costs, and institutional isomorphism (the tendency to conform to the existing institutional environment and mimic surrounding organizations).310 Organizations have a tendency to adopt procedures and structures from institutions with which they have contact and share information flows. In the case of the AFO, we will see how the organization adopted territoriality and structures from state security operations through the training it purchased from corrupted police, military and mercenaries.311 Data Collection Data collection proceeded in two ways. First, archival research was gathered on the AFO via primary sources. These sources included: newspapers/magazines in English and Spanish, court documents including indictments and extradition packages prepared by the US government for the Mexican government, television news coverage, analytical pieces from US and Mexican scholars, and other internet sources.312 The Mexican weekly Tijuana magazine Zeta is well 307 Thelen 1999; Powell and DiMaggio 1991. Powell and DiMaggio 1991; Peters 1999. 309 Schelling 1966. 310 Arrow 1974; Ibid. 311 Peters 1999; Tilly 1990. 312 Van Evera 1997. 308 104 known for its accuracy in reporting and its willingness to report on organized crime.313 Archival research was limited to reputable news sources reporting on the AFO and court documents directly related to the AFO and other related PSINs. No qualitative or quantitative analysis software was used to analyze the data. Rather the data and historical narrative were created through painstaking research and an actual reading of the research materials. Second, interviews were conducted with law enforcement officials, reporters and academics with experience studying the AFO. They were identified in the course of archival research and snowball sampling methods in the initial phases. For a list of general titles of interviews designed to protect their anonymity, see Appendix N. Law enforcement interviews are particularly helpful because officers have direct contact with traffickers and have built cases against the organization in question. Law enforcement analysis of a drug-trafficking organization may in some ways be superior to trafficker interviews. PSINs create extortion rackets, which control and tax smugglers throughout their territory. Thus, smugglers are actually low-level functionaries, subject to coercion, with no knowledge or understanding of the upper echelons of leadership.314 My empirical work encountered higher levels of hierarchy within some nodes of the trafficking organization than other research which looked exclusively at smuggler interviews. This was because it included a broader law enforcement view which included “enforcers” or cartel hit-men which are often larger in number and require more training and organization. These organizations are also highly compartmented throughout; another reason why low-level smugglers may not have the sense of the overall 313 Sabet 2011. Caldwell 2007. In one example, a successful marijuana smuggler was asked to smuggle cocaine for the AFO. He protested given the increased danger and possibility of detection with cocaine. Members of the AFO took him to the desert and beat two other smugglers in front of him as a warning. He immediately began smuggling cocaine for the organization. 314 105 structure of the organization that law enforcement has from analyzing the organization in aggregate and interrogating key members of the AFO. Interviews The second aspect of research went beyond archival research to answer the inevitable unanswered questions through interviews and field work in Tijuana, Ensenada, Mexico City, Monterrey, Guadalajara, Washington, D.C. and the San Diego border area including: San Diego, Chula Vista, San Ysidro and National City, California. Living in Tijuana, and Mexico City provided me with important insights into the sociological impact of “the drug-war” violence, the policies of the US and Mexican governments and the cartels themselves. In some cases where data is lacking, public perception is just as important as numerical data.315 I chose law enforcement interview subjects based upon their expertise in prosecuting the Arellano-Félix Organization and their willingness to be interviewed in accordance with University Institutional Review Board procedures. I was careful to protect the identities of interview subjects who did not have a public record of speaking on this issue and requested anonymity. Snow-ball sampling methods helped to identify important new interview subjects.316 Interviewees forwarded the researcher’s contact information to potential interview subjects who contacted the researcher. Law enforcement investigators literally “vouched” for me to other investigators allowing me to expand my interview base. I am forever indebted to my expert interview subjects, especially those in law enforcement, who were willing to read my analysis to check it for accuracy and provide suggestions. In this sense the project was iterative with follow-up interviews and reviews of the 315 Public perception in public opinion polls of violence reducing is very important especially when it for example diverges from actual homicide statistics. Why did the perception change if the reality did not for example? 316 Van Evera 1997. 106 analysis. My affiliation with Colegio de la Frontera Norte (COLEF), allowed me to build contacts among the researchers there, who in turn referred me to their contacts in the community. This was an invaluable source of interview contacts and opened doors because they “vouched for me” to the interview contacts. My experience at COLEF was one of the most rewarding intellectual experiences of my life. I also conducted interviews of Tijuana citizens. These included individuals who had paid piso or cuota (extortion tax) on their legitimate businesses during the period understudy. This allowed for the attainment of a sociological view of the impact of these illicit criminal networks. It also allowed for the identification of cartel tactics which were relevant to the understanding of structure of the network. Trust was a key issue in conducting interviews on organized crime in an environment of fear. I typically began interviews talking about myself, my credentials and who I knew in the area that was a public figure the interview subject might know. My credentials as a COLEF student and my business cards were helpful for entering buildings and legitimizing myself for security guards at buildings. No interview subject asked for identification with the exception of one Mexican government official. Mexican culture relies heavily on trust through social connections and being referred to interview-subjects by friends and family helped make interviews possible. Many interviews were conducted in public places like local Starbucks cafes or, if they were more comfortable, in their offices and even on occasion in their homes. Another key factor that may have impacted levels of trust both adversely and positively is my physical appearance. I am a white male of mixed European descent and I appear Irish at first glance. I am an American who speaks Spanish with a slight accent but better than the average gringo. I have blue-eyes and do not blend physically in Mexico despite its racial diversity. 107 Mexicans assume a guero with blue-eyes is foreign first and only allow the assumption to change based on the quality of the individual’s Spanish. My Spanish is not good enough for that; though no Mexican would ever tell me so. Indeed, Mexicans were more understanding of my imperfect Spanish than many Americans would be of an accented English-speaker. I am five foot ten inches tall, making me of average height in the United States, but slightly tall in Mexico. I wear my hair in a short-cropped almost military fade cut and keep my beard short and neatly trimmed. I was regularly accused of being a CIA agent. In one interview it became a running joke for the interviewees; who included: a former politician, a former government official and a businessman/politico. They joked that on my way to the bathroom they would ask me to do a flip to see if a recorder would fall out. My protestations that I was not a CIA agent only emboldened their belief that I was indeed a spy. Finally, I told them that if I was a spy I would have been able to pay them for the conversation, to which they laughed and one said “you don’t have to pay us. We always talk about this!” In another incident I went to Tijuana for a preliminary research visit to get “the lay of the land” and establish research contacts. I was bitten by a dog. Later the owner told me that his thought during the incident was “Oh no! [Dog’s Name] bit the FBI agent!” Fortunately, the dog did not draw blood. One morning at COLEF, I went into the office of a Mexican researcher and friend and excitedly told her about an intellectual breakthrough in my dissertation. She got a sad look on her face and said, “Nate this is so disappointing. All this time I thought you were a CIA agent. But no CIA agent could fake being this excited about a dissertation.” I got the sense that the unintended perception that I was CIA or a Federal Agent of the United States did not hinder my interviews. At this time in Mexico, there was a real sense 108 among much of the population that the Mexican government was too corrupt or inept to gather the kind of intelligence that was needed to fight Mexican drug cartels. The fact that the US government was taking an interest in Mexico was viewed with ambivalence by the Mexican population. On the one hand, the US government could effectively combat the narcos. On the other hand, Mexicans feared the long term consequences for sovereignty. I also anecdotally noticed a difference of opinion between Mexicans in the border regions and Mexicans in Mexico City on sovereignty concerns. In Mexico City, US involvement was viewed as a major affront to Mexican sovereignty. In border areas this was less the case. In these regions where the citizenry had felt the pain of narco-violence, had a history of trade with the United States and an established border culture, US involvement was viewed more benignly. This was a purely anecdotal observation and of course I found those in both regions whose opinions differed from the norm. While in Tijuana, San Diego and Mexico City, I conducted in-depth interviews of AFO specialists. These expert interviews included law enforcement that specialized in prosecuting members of the AFO in both Mexico and the US, US and Mexican scholars who specialize in the AFO, US and Mexican government officials who make American drug policy on Mexico. Indepth interviews allowed me to engage in back and forth with the subjects to clarify answers and further develop data relevant to understanding the structure of the organization. I conducted more than 32 in depth interviews of citizens and specialists focusing on the Tijuana cartel or living in affected areas.317 More than 80 hours of in-depth interviews were conducted. Some of the interviews included follow-up interviews over the course of six months in Tijuana from January 2011-June 2011 and Mexico City from October 2010 to December 2010. A chart of 317 I am indebted to all interviewees but especially those in law enforcement who welcomed me into their community and provided me with access to their important sometimes hermetically sealed world. 109 interviewee titles and a list of questions informing the dissertation can be found in Appendices L-N.318 Some interviews were difficult if not impossible to attain, e.g. some law enforcement agencies were more willing to grant interviews than others. These were largely high-level institutional policies that prevented interviews. Public affairs officers appeared to be trained to say “no” to students, while other agencies’ public affairs officers were forthcoming with assistance. My philosophy in the research process was that when one door closed, I would simply have to knock on another. Informally, members of taskforces were able to arrange interviews with other members or convey the opinions of co-workers whose agencies would not allow them to give interviews because the results could become “discoverable” in future federal cases. I treated this kind of indirect evidence as apocryphal unless it coincided with multiple confirmable sources. US federal prosecutors were particularly sensitive to issues of discoverability. Fortunately members of taskforces were willing to meet for anonymous interviews and were able to inform the understanding of the hierarchy, business strategy and resilience of the AFO. Law enforcement investigators were sensitive to people who were “not legitimate.” Fortunately, early in the process I found an agent who was willing to informally discuss the Tijuana cartel and was willing to “vouch” for me to other law enforcement agents. His trust spread to other investigators. I was even invited to informal “success parties” celebrating the arrest of key drug trafficking figures. Always aware of my lack of security clearance I would tell 318 I am indebted to the Center for Global Peace and Conflict Studies and the department of Political Science at UC Irvine for funding summer research in Tijuana and Washington D.C., the Institute for Global Conflict and Cooperation for funding my nine months of fieldwork in Mexico and the Colegio de La Frontera Norte in Tijuana for allowing me to affiliate with the University and utilize its resources without cost. Caldwell 2007. 110 new interview subjects that I was not “cleared” and that I did not want sensitive information. They appreciated my candor and self-censored what was not in the public record or classified. Avoiding damaging cases against alleged criminals and protecting the identities of my interviewees was ever-present in my mind. Eliminating names was not enough. I had to also limit details so that they would not be identifiable. Some federal agencies had only a handful of agents in a given region. That meant that citing certain statistics or facts could easily identify them or narrow the scope of the source of information to 2-3 individuals. At that point not using names is moot. I made clear to interview subjects that I would “run-by” what I would publish with them. This made interview subjects more comfortable and had the added benefit of factchecking my work. Law enforcement never attempted to change my arguments, nor was I ever pressured in any way to do so. I ended my data collection when I realized I was getting very little new information from interviewees. There was a point at which I had become an expert on the history of the AFO and new interview subjects, though expert, were not adding to my data. When it became obvious I was hearing the same story, from different viewpoints—though they all corroborated each other in broad strokes-- I realized I had completed my data collection. I also had to resist the urge to incorporate new events as I wrote. The AFO continues but I had to end the narrative in mid2010 lest I never sit down and write the dissertation. 111 Methodological Problems Numerous methodological problems arise in this type of research utilizing typologies and process-tracing methods. Measurement must be qualitatively assessed and thus some might suggest it is less precise than if the project were quantitative. unfortunately inappropriate in this case. Quantitative research is First, this is a theory developing and refining dissertation. It also tests the hypotheses through comparisons between splinter groups that have resulted from the fragmentation of the AFO. There is also a brief comparison of Mexico’s current situation to Colombia and the general similarities between Colombia’s fight against narco-traffickers in the conclusion.319 Second, interviews of law enforcement are problematic because I am studying a profitseeking illicit network by interviewing those charged with prosecuting it, rather than interviews of members. As Kenney argues, this can lead to problems in terms of the portrayal of the criminal network as more hierarchical and threatening than. Unfortunately, direct ethnographic study or participant-observation/participation is impossible to carry out in a safe fashion given the nature of the AFO.320 In addition, the state of California’s budget woes prevented my access to prisoner interviews. As Kenney predicted, I found more layers of management through law enforcement interviews, though this was not due to an exaggerated sense of threat from law enforcement but because the AFO empirically had more levels of hierarchy than Colombian smugglers. This was because they had to “enforce” their territory rather than focus exclusively on smuggling.321 319 Van Evera 1997. Chabot 2008. 321 Kenney 2007b. 320 112 While others have engaged in ethnographic work on drug smugglers and “upper-level dealers” in the United States, those projects focused on distributors in the United States, not the violent networks which control territorial plazas or areas of extortion of licit and illicit economies in Mexico.322 Law enforcement has the ability to provide anecdotes described in interrogations or anonymously discuss the structure and history of the illicit network. Other court documents like indictments and extradition packages which describe in detail the government’s case against the members of the organization were also available. Former cartel members have become surprisingly forthcoming with law enforcement and thus the drawbacks associated with this methodological choice were diminished.323 In gathering data through qualitative interviews with citizens it was important to crosscheck data. If a particular Mexican PSIN tactic or structure was mentioned it was be crossverified with other sources, like government officials and other citizens who experienced the tactic first-hand. Wherever possible I attempted to cross-check data to avoid what I refer to in Mexico as “the Ricardo Ravelo effect.” Ricardo Ravelo is a famous reporter in Mexico who writes on drug traffickers in Mexico. Many times interviewees told me about a cartel structure or tactic that was practically plagiarized from a Ravelo article or book. It was invariably attributed to a friend or firsthand source, but the source of the “rumor,” or in this case a potentially verifiable news story is often the same. This has the effect of giving credence to the 322 323 Adler 1993. Caldwell 2007. 113 data point that may be undeserved.324 Thus, in this dissertation, I have been careful to “beware the Ricardo Ravelo Effect.”325 324 325 Ibid. Ravelo 2006; Ravelo 2005. 114 Methodological Advantages My dissertation differs from other projects which rely heavily on in-depth smuggler interviews.326 These projects are advantageous in that they are a rich primary source of data. They can be credited with going directly to the networks to gather empirical data. However, there are methodological problems with this approach. Smugglers themselves represent middlemen in larger drug trafficking organization (DTO) operations. Often times, Mexican DTO’s are more akin to protection or extortion rackets. They replace the state in the security vacuum of the illicit market by charging plaza or a tax to traffic drugs across the border through their territory. In this scheme of things, smuggler interviews take on a smaller relevance in understanding the organizational structures of the upper-levels of the cartel. Methodologically, reliance on interviews of middlemen, while illuminating in its own right, is problematic for any attempt to understand sophisticated and diversified cartels.327 Law enforcement officials on the other hand, possess a “big-picture” understanding of the organization in question, as do academics and reporters. Evidence gathered by law enforcement must meet strict evidence requirements, as must reporters and academics who must confirm their sources.328 Data Analysis In chapters five, six and seven, I analyze the data collected by creating a historical narrative of the AFO. The empirical chapters trace the relationship between business strategy and resilience. Historical narrative is an effective means by which to present, in readable 326 Kenney 2007b. Ibid. 328 Jones 2009; 2010m; 2011h; Kenney 2003; Kenney 2007a. 327 115 fashion, the analysis of the relationship between variables with empirical evidence.329 I also utilized were concepts from sociological network theory like “loose coupling,” “the strength of weak ties,” “structural holes,” “network centrality,” among other concepts related to network alliances.330 The result is what I hope is an interesting, readable account of the AFO that shows how business strategies triggered varying state reactions and thus reduced or increased the resilience of the portions of the AFO. 329 330 Thelen 1999. Kenney 2007a; Arquilla and Ronfeldt 1996b; Burt 2001; Granovetter 1983; Weick 1995; Weick 1976. 116 Chapter 5 The Resilience of Arellano-Félix Organization The Arellano-Félix Organization (AFO) was once considered one of the most powerful Mexican illicit networks.331 In the first decade of the 21st century it has lost all of its firstgeneration top-level leadership to arrests or death. It fragmented into a short but bloody internecine conflict which challenged the Mexican state at a time of high narco-violence.332 The historical context of the AFO is critical to understanding its degree of hierarchy, business strategies, resilience, and future in a conflictive period spawned by globalization for drug traffickers, society and the Mexican state. The focus of this analysis will be on the business strategies as identified in chapter three and their relationship with the AFO’s resilience.333 This chapter will demonstrate how the AFO has changed its business strategy toward the transactional PSIN type and how the territorial PSIN faction was dissolved by the reaction of the state.334 It applies the theoretical model developed in chapter three to the case study of the Arellano Felix Organization. I identified four distinct phases in the AFO’s history which will provide structure for the case study. 331 Blancornelas 2002, 1:. Shirk 2010. 333 This discussion of flatness or “degree of hierarchy” uses Michael Kenney’s definition of the number of layers of management within the organization. 334 Kenney 2007b. 332 117 Extended Version with Table 2. Timeline of Major events in AFO History citations Available in Appendix P Death of DEA Agent Enrique "Kiki" Camarena 1985 Transfer of Miguel Angel Felix-Gallardo to La Palma Maximum 1991 Security Prison Division of Territories amongst major traffickers in Mexico 1991 Christine's Discoteque AFO battle with Chapo's assassins -- Barron Nov-92 saves the Arellano's lives and earns their trust Archbishop and Cardinal Posadas-Ocampo is assassinated by AFO in 1993 a case of mistaken identity David Barron Corona is killed by friendly fire in an assassination 1997 attempt on Zeta Reporter Jesus Blancornelas Arrest Of Jesus Chuy Labra Aviles 12-Mar-00 Arrest of Ismael Higuerra-Guererro "El Mayel" 4-May-00 Arrest of Benajamin Félix-Arellano in the state of Pueblo Mexico 2-Mar Oldest brother and head of he organization Death of Ramon Arellano-Felix - Chief enforcer of the organization. With his death AFO members in custody like Kitty Páez become 2-Feb willing to testify. Francisco Javier Arellano-Felix takes control of the AFO 118 2002 Arrest of AFO assassin "EL Cris" (Brother of El Teo) 25-Jun-04 67 Specially trained Mexican federal agents arrest Jorge Aureliano7-Jun-04 Felix and Efrain Perez two major AFO Lieutenants DEA/Coast Guard Operation Arrests Francisco Javier Arellano Felix 14-Aug-06 "El Tigrillo" off the Coast of Baja in international waters Fernando Sanchez Arellano with the support of his uncle Eduardo 14-Aug-06 Arellano-Felix "El Doctor" takes control of the organization. El Teo Splits with Fernando and fragments the Network into a 8-Apr internecine conflict. El Teo establishes a brief Alliance with Chapo Guzman/"Mayo" 2008 Zambada of the Sinaloa cartel El Teo is arrested with a drug shipment in La Paz Baja California Sur 10-Jan (Teo faction effectively dissolved) 119 I. The First Phase: Pax Padrino The Arellano-Félix Family sired seven sons and four daughters in the Mexican city of Culiacan, Sinaloa; a state renowned for drug trafficking. According to George Grayson, “five of the sons (Francisco Rafael, Carlos, Benjamin, Ramon Eduardo, and Francisco Javier) dedicated themselves to smuggling clothing and electronics before entering the drug trade.”335 The Arellano-Félix brothers are rumored to be the nephews of Miguel Angel Felix Gallardo, the most important Mexican trafficker of the 1980’s, though this is not the case according to interviews of Gallardo himself and US law enforcement.336 Drug trafficking in Mexico in the 1980’s was a highly transactional “loosely coupled federation,” led by Miguel Angel Felix-Gallardo known as El Padrino (the Godfather) head of the Guadalajara Cartel. Gallardo was adept at managing volatile personalities like those of Caro Quintero who had developed a marijuana empire in Sinaloa and Sonora. With higher quality sinsemilla marijuana Caro Quintero had created vast productive and profitable fields in the deserts of Mexico.337 The relationship among Mexican traffickers was cooperative during the 1980’s and can be described as a Pax Padrino or “Peace of the Godfather.”338 Three primary factors contributed to this cooperative peaceful period among traffickers including: (1) a corrupt Dirección Federal de Seguridad (DFS), (2) an authoritarian Partido Revolucionario Institucional (PRI) party capable of making credible long-term promises to traffickers and (3) the managerial capabilities of Miguel Angel Felix Gallardo.339 335 Grayson 2009a. Jones 2009. 337 Shannon 1988. 338 Jones 2009. 339 Duran-Martinez and Snyder 2009. 336 120 First, high level Mexican government officials were corrupted making the Mexican state and security services highly complicit in the drug trafficking business. The DFS was notoriously corrupt, but also provided a pacifying effect on Mexican cartels because it could mediate conflict among traffickers. This high level state protection made the drug trade extremely lucrative and for the most part peaceful. In reality it was the DFS that controlled traffickers. Trafficking in Mexico was divided among territories because that was how the DFS divided it. The DFS appointed the traffickers that would control the various regions.340 Second, the PRI and the DFS as an institution of the one-party state, could make credible long term reciprocal promises to traffickers because they were not subject to losing power in democratic elections. This period represented a “pax mafiosi” between the state and profitseeking illicit networks in Mexico. 341 During this period the Arellanos did not possess a monopoly on the Tijuana plaza, but were considered major traffickers working with Jesus “Chuy” Labra Aviles who would become their chief advisor. The Arellanos arrived in the 1980’s in the Tijuana area and were immediately accepted by Tijuana high society. They created a mystique around trafficking that lured the children of Tijuana’s wealthy elite. They became known as “narco-juniors.” Young people in the 1980’s in Tijuana remember seeing the Arellano brothers, Ramon and Benjamin in the most upscale night clubs where they would buy young patrons drinks and recruit them into trafficking and enforcing for the organization. Many joined not out of economic desperation, but for the excitement and glamour of the criminal lifestyle.342 340 Ibid. Ibid. 342 Bergman 2000a. 341 121 Mexican trafficking in this phase was small in terms of the number of individuals involved and did not require heavy firepower or large “enforcement” apparatuses because it could rely on the state for protection and mediation of inter-cartel disputes. Traffickers like Gallardo of Guadalajara, Amado Carillo-Fuentes of Ciudad Juarez, Chapo Guzman of the Sinaloa Cartel, the Arellano-Félix’s of Tijuana and Caro Quintero of Sonora, were so cooperative in this period that they would pool money together to buy large loads of cocaine and share in the profits.343 Figure 10 graphically demonstrates the structure of Mexican profitseeking illicit networks in this period. 343 Jones 2009. 122 Figure 10. Organization Chart - Mexican Drug Trafficking 1980’s The Mexican State Miguel Angel Felix Gallardo “El Padrino” Drug Traffickers in Mexico The ability of Gallardo to manage personalities and maintain a pax mafiosi meant that while the Mexican trafficking superstructure aligned under him was hierarchical and centralized, the individual organizations were internally flat.344 The business strategy in this period was 344 The Arellanos, being from Sinaloa, also enjoyed extensive social networks that spanned trafficking groups, which though they would come into conflict, ultimately served to alleviate conflict and assist in the creation of alliances and non aggression pacts with members of the Sinaloa cartel. Ibid. 123 almost entirely “transactional,” given the cooperative nature of the business and the “collusion” and controls of state authorities.345 The Death of Enrique Camarena The brutal torture and killing of the US Drug Enforcement Agency (DEA) agent Enrique Camarena in 1985 put incredible pressure upon the Mexican government. The killing of a law enforcement agent was an exception to Gallardo’s transactional business strategy, which tried to minimize violence and attention from the state. The DEA pressured the US government to take a hard-line position with the Mexican government on Camarena’s death. It also pressured the Mexican government to actively and genuinely cooperate in the investigation. As it became apparent that Camarena was unlikely to be found alive, pressure was applied to the Mexican government to find his body.346 The US government began car by car searches along the US border from Mexico with the stated desire of finding DEA agent Enrique Camarena. In reality, the intent was not to find Camarena at the border, but to shut down the border by slowing traffic to a grinding halt. This put incredible pressure on US and Mexican businesses along the border. There was no way this policy could be maintained indefinitely on either side of the border, due to domestic political demands in the United States and pressure from the Mexican Government which viewed this as punitive. It did however send an important message to Mexican traffickers; targeting US law enforcement operating inside Mexico would be met with a strong reprisal on multiple fronts. The political and economic ramifications for traffickers and the Mexican government would be too great and too disruptive.347 345 Sabet 2011. Shannon 1988. 347 Ibid. 346 124 125 II. The Second Phase: The Territorializing of the AFO The territorializing phase of the AFO is marked by its independence from other Mexican profit-seeking illicit networks, and increasing its number of “enforcers” to meet the challenges posed by the state and other Mexican PSINs. It moved from a transactional and “loosely coupled” coalition with other Mexican PSINs to an independent, violent, mixed transactionalterritorial and internally hierarchical model.348 It ended when US-Mexican joint law enforcement efforts begin to effectively dismantle the top-level first generation of AFO leadership in 2000. The Fall of the Godfather (First Critical Juncture) In 1989, Miguel Angel Felix-Gallardo was arrested and placed in prison for his complicity in DEA agent Enrique Camarena’s death. By 1991 he was moved to La Palma prison and could no longer continue to run his operations via cellular phone from prison.349 This critical juncture marks the end of the Pax Padrino period and the beginning of the “territorializing” period for the AFO. Varying accounts suggest that he divided the territories among his lieutenants and told them not to fight amongst each other and continue cooperating; though recent interviews with Gallardo from prison deny this claim. Others suggest the lieutenants divided the territories into plazas themselves. The most likely explanation is that the DFS had already divided the territories and that the AFO’s increased territoriality was a natural result of the removal of Gallardo as leader and the dismantlement of the DFS following US demands.350 348 Weick 1976. Shannon 1988. 350 2011a. 349 126 Under the new arrangement, traffickers would pay each other a “cuota” (a toll), to traffic through each other’s plazas.351 This would serve as the beginning of the increase in hierarchy, territoriality and violence amongst the Mexican drug cartels.352 The Tijuana territory was supposedly given to Jesus “Chuy” Labra-Aviles.353 In reality, Benjamin Arellano-Félix was the strategic head of the organization with Jesus Labra-Aviles or El Chuy as his chief adviser. Ramon Arellano-Félix was known as the enforcer of the family.354 Chapo Guzman received the nearby Mexicali trafficking corridor in addition to Sinaloa, his traditional area of control.355 This would later become a source of tension between Guzman and the Arellanos.356 Conflict with Joaquin Guzman Loera “El Chapo” Almost immediately upon taking control of the territory there was conflict between the Arellano’s and Joaquin Loera Guzman “El Chapo” who controlled the nearby Mexicali plaza. There are varying accounts as to what precipitated the conflict. Regardless of the source of the conflict by 1991 there were tit-for-tat killings between Chapo and the AFO.357 The Arellanos and Chapo attempted to reconcile their differences at a meeting in Puerto Vallarta in November of 1992. Following the meeting, Ramon Arellano-Félix, Francisco-Javier Arellano-Félix, David-Barron-Corona and Ismael Higuera-Guerrero, went to Christine’s Disco where they came under attack from Chapo’s enforcers in the early morning hours. Benjamin Arellano-Félix was not present because he was at a hotel with his wife and family. Fortunately, for the AFO leadership present, they were in the bathroom when the attack began. Logan Street 351 Blancornelas 2002, 1:. Jones 2009. 353 Blancornelas 2002, 1:. 354 Bergman 2000b. 355 Blancornelas 2002, 1:. 356 Dillon 1997. 357 Interview US Law Enforcment. 352 127 Gang Member and AFO bodyguard, David Barron-Corona protected the brothers with suppression fire while they escaped out an air-conditioning duct. Francisco Javier ArellanoFélix went one direction while Ramon, David Barron Corona and Ismael Higuera Guerrero “El Mayel” went another. From the roof the three returned fire and jumped to the ground where they encountered a rival assassin armed with an AK-47. Little did the three know that they had one bullet left between them. David Barron-Corona killed the assassin with the remaining bullet and the three escaped.358 The critical juncture of the imprisonment of Felix Gallardo was the “precondition” for a new increasingly territorial AFO business strategy in the newly anarchic environment of Mexican drug trafficking. However Chapo’s attempted assassination of the Arellanos at Christine’s Disco was the “precipitant” for change.359 Following this precipitating event, Benjamin and Ramon decided to actively increase their enforcement squads realizing they would have to prepare for war against all other profit-seeking illicit networks in Mexico. They were now in conflict with the Sonora, Juarez and Sinaloa “cartels.” They needed more enforcement, more bodyguards and the ability to defend their “turf” against encroachment.360 They also needed an extremely good intelligence system to be able to find clandestine traffickers and force them to pay cuota. Failure to pay cuota or the tax for shipping illicit goods across the border through their plaza (territory) would result in death and/or torture. The Arellanos killed in ways designed to terrorize other organizations and signal a “reputation for 358 2008c; Dillon 1997; Jones 2009. Harry Eckstein argued that “preconditions” are the underlying causes of war but often require a “precipitant” to begin an internal war in his analysis of “The Etiology of Internal Wars.” In this case I have identified critical junctures as laying the preconditions for change and also identified precipitating events like the attack at Christine’s Disco. Eckstein 1965. 360 Jones 2009. 359 128 violence.”361 By doing this in select and brutal ways, they forced traffickers moving through their territory to pay them and increased profits. They continued to possess “transactional” business strategy elements. They trafficked large amounts of cocaine and marijuana into the United States and developed sophisticated money laundering fronts. In this period both transactional and territorial business strategies coexisted, with the transactional largely controlling the territorial. In David Barron-Corona aka “CH,” the Arellanos had an important link to two major US criminal networks which served as important “enforcer” recruitment sources. Barron grew up in the Logan Street Gang in San Diego and was also a member of the prison gang known as the Mexican Mafia or La EME. Barron served a 3-year prison term in the California penitentiary system following his 1987 arrest for burglary and possession of an M-16. He was also convicted of drunk-driving in 1990. Barron’s tattoos provide concrete evidence of his affiliation with the Mexican Mafia. He maintained positive relations with the prison gang by sending money-orders to his fellow gang members and was also a highly prized member of La Eme because of his links to the AFO which were viewed as a lucrative source of revenue for the prison gang.362 Once asked by Ramon and Benjamin Arellano-Félix to recruit, he recruited heavily from his street and prison gang affiliations using his brother-in-law as an intermediary. David BarronCorona could no longer pass back and forth across the border because of US law enforcement surveillance and his immigration status. He thus relied on filial connections to recruit for him by proxy.363 361 Skaperdas 2001; Skaperdas and Syropoulos 1993; Jones 2009; Chabot 2008. Dillon 1997. 363 Ibid.; Jones 2009. 362 129 The men Barron recruited were trained as enforcers for the AFO by foreign mercenaries including one from Iraq referred to as “El Iraqui” and corrupted members of the Mexican military and police in mountainous training camps outside of Tijuana. The new AFO enforcers were paid $500 a week and told to be ready to kill on a moment’s notice. They were paid significantly more for successful missions.364 These enforcers became the territorial wing of the AFO in Tijuana in the 1990’s.365 Many have attributed the arms-build-up in Mexican drug trafficking to the Gulf Cartel’s recruitment of Los Zetas a former Special Forces military unit in the late 1990’s. In reality this was a trend which occurred in every major Mexican PSIN by the mid-90’s due to the conflicts amongst the cartels and their competition for lucrative trafficking corridors known as plazas. The trend was especially pronounced within the Arellano-Félix Organization because of their extensive conflict with El Chapo of the Sinaloa cartel and other PSINs. Also, the PAN opposition party won Baja California and municipal elections much earlier than in other Mexican regions. This meant that the PRI’s grip on power and therefore ability to control organized crime was weaker in Tijuana than in other regions.366 The increase in enforcer squads by the AFO required the training of these enforcers by corrupted military, police and foreign mercenaries. The Arellano-Félix Organization is a powerful case of “institutional isomorphism.” Mexican PSINs learned their territoriality from the state. The DFS organized them along territorial lines in the 1980’s and when it could no longer mediate them they purchased their training in how to patrol territory from corrupted state 364 Jones 2009. The term “enforcer” refers to members of a DTO who specialize in providing violence on behalf of the organization. A common term for enforcer in Latin America is Sicario (hit-man). Marks 2008; United States. Dept. of the Army and United States. Marine Corps 2007, University of Chicago Press:; Felbab-Brown 2009b; Downie 1998. 366 Grayson; Brands 2009a; Wilkinson 2010b. 365 130 military and law enforcement officers.367 In this fashion the AFO adopted policies, standard operating procedures (SOP’s) and tactics from the Mexican state, and even other states, through its use of foreign mercenaries. Nowhere is this more powerfully demonstrated than in the use of police codes over their radio communication frequencies. They used standard police radio codes for their communications including orders to kill.368 For diagrams depicting in detail the network connections and structures of the AFO in this period see appendices B-I. Figure 11. AFO Structure Post 1991 (Simplified) Political Connections Strategic Head Chief Enforcer Regional Operational Commander Dispatcher Lieutenants Money Launder Cells Front Businesses Enforcer Squads 368 Arellanos Financial Advisors/Investors Sergeants 367 Colombian Cocaine Suppliers Retail Drug Sales in TJ Peters 1999. Jones 2009; Peters 1999. 131 All of their communications were coded, in that all persons and locations had nicknames or cartel codes. These codes were not particularly sophisticated in that they did not necessarily rotate frequently and were understood over time by law enforcement. However, the limited coding of proper-nouns would at least slow and confuse Mexican and American law enforcement surveillance over the short term, without making communication amongst network members so cumbersome that business could not be done.369 The mimicry of police structures by the AFO is logical given the peculiar nature of drug trafficking in Mexico and in particular the northern border states of Mexico. Mexico’s comparative advantage in drug trafficking is intrinsically linked to the control of territory or plazas. The AFO controls the most lucrative plaza on the Southern US border, the San Ysidro crossing into San Diego.370 Mexican cartels are thus intrinsically tied to territory in a way that Colombian cartels and Mexican cartels in Sinaloa and central Mexico are not.371 For the AFO, following the Pax Padrino phase, the most important functions of the cartel became the ability to defend and police their lucrative plazas. The plazas had to be defended from the external threats of rival traffickers; especially Chapo Guzman. They also had to be policed to control low-level smugglers who might traffic on behalf of other MDTO’s, or free-lance independently. The inability to prevent small smugglers from operating without paying a tax to the AFO would encourage others to do the same and erode the profits and legitimacy of the AFO’s control over the illicit market in this territory.372 369 Jones 2009. Ibid. 371 Colombian trafficking groups’ desire to control territory, stems from involvement in cultivation and the ability to provide protection to cocaleros in exchange for extortion payments. Thus, the territoriality of Mexican and Colombian cartels serves different purposes. 372 Jones 2009; Skaperdas 1992; Skaperdas 2001; Skaperdas and Syropoulos 1993. 370 132 To prevent free-lance smuggling, the AFO needed enforcer squads with access to rapid communications and exceptional intelligence. A reputation for violence and brutality would bring a certain number of smugglers to the organization willing to pay taxes without effort. Thus, brutal, violent symbolic killings are a highly effective and rational short term strategy to cow the population and low-level smugglers into cooperation. A reputation for violence is irrelevant if the cartel cannot also establish a reputation for being able to find free-lance smugglers and make rapid decisions on how they should be treated.373 Appendices A, B and C demonstrate the AFO’s increase in hierarchy to five to six layers of management with the addition of the territorial business practice of patrolling “territory.” It also illustrates the central role enforcer squads and “the dispatcher” played in the PSIN. The level of compartmentation found in terror networks like Al Qaeda would be problematic in a drug trafficking organization like the AFO that must patrol a plaza with independent enforcer squad cells.374 If a smuggler is captured free-lancing, he might truthfully claim that he is trafficking on behalf of another cell of the AFO. The AFO enforcer squad which has “discovered him” has no way of knowing whether or not the other enforcer squad actually exists, unless they happen to know the squad sergeant personally. They further don’t know if an 373 Skaperdas 1992; Skaperdas and Syropoulos 1993; Skaperdas 2001. In a compartmented organization, in which not every node in the organization is aware of each other’s operations, there must be some centralization of information. Drug trafficking is distinct from terrorism in that terrorist networks like Al Qaeda do not need to coordinate their operations to the same degree. After 9/11, most experts agree that Al Qaeda flattened its organizational structure and relied on local social movements and insurgent groups to launch their own small attacks against the United States and western allies. This is evidenced by the amateurish attempted attacks of the “shoe” and “underwear” bombers, and even successful train attacks in Spain. These attacks are launched by cells with plausibly no connection or communication with central Al Qaeda leadership. Rather, Al Qaeda has provided the strategic vision and inspiration for these attacks and encouraged these groups to act independently. In the “underwear bomber” attempted attack, Bin Laden has claimed credit ex post facto, but is unlikely to have had advanced knowledge of the attack. This reduces the likelihood of being discovered and having the attack thwarted by law enforcement or US intelligence. Kenney 2007b; Keane. 374 133 agreement has been made between the smuggler and the enforcer cell, or if the smuggler is lying to them.375 Thus, they used radio communications on rotating frequencies, to a central dispatcher who could call to the rest of the organization. If the smuggler was “vouched for” by someone in the organization, and they were determined to already be paying taxes to the organization, it would have been a bad business decision to execute them. If they are not claimed, a decision must be made; whether to execute them for trafficking through AFO territory and dissolve them in acid, or to annex them into a taxable smuggling cell of the organization. These decisions can be made in 20 minutes or less. In this fashion the AFO has blended compartmentation with centralized command and control through advanced technology. This structure remained stable in the 2000’s when, US Law enforcement through Operation United Eagles radio surveillance (2004-August 14, 2006), counted 1500 names called over AFO frequencies, most of whom disappeared.376 The success of this strategy is incumbent upon the centralization of radio dispatch nodes which are “structural holes.” They are structural holes in the network because they are “nonredundant” and their removal would cause the severe disruption of the network.377 The above description of the AFO was based largely on US law enforcement that specialized in prosecuting the AFO. Anonymous interviews of Mexican law enforcement officials provided very different results. They described a “flat” AFO with only three layers of management, which was based on the “capitalismo” of “transactional” trafficking. When showed the figures in the appendices B-I, they were only aware of the top level traffickers. My 375 Jones 2009; Kenney 2007b. 2008c. 377 Gordon Walker 1997; Wasserman and Faust 1994; Scott 2000, 2:. 376 134 interpretation of the varying results is that both United States and Mexican law enforcement are correct in their assessments of the AFO in this period. They were simply focused on different portions of the same profit-seeking illicit network. The Mexican prosecutors were targeting high level Mexican traffickers; the Arellano Family and close associates. US law enforcement, having more contact with US street gangs with AFO connections, built many of their cases against the territorial cells of the AFO. Because transactional cells dominated the territorial cells of the AFO in this period, violence was minimized and the Mexican state was not threatened by the AFO with one notable exception. The Assassination of Archbishop Posadas The most significant event in the history of the AFO occurred on May 24, 1993 when AFO hit-men allegedly assassinated Archbishop Posadas at the Guadalajara Airport. AFO assassination squads constantly hunted for Chapo Guzman in the 1990’s. They received word that he would be in Guadalajara, Jalisco. Logan-Heights enforcer squads were sent to meet Los Mochis (an enforcement squad from Los Mochis Sinaloa) and kill Chapo Guzman. When Guzman did not arrive at the airport, the Logan Heights enforcers left for their flight. At this point a white Grand Marquis arrived, presumably with Chapo Guzman inside. The Los Mochis gunmen and what was left of the Logan Heights AFO enforcers joined in the gunfight riddling the car with bullets.378 The assassins left believing they had killed Guzman. Only later would they learn from news reports that Guzman had not been the victim, but rather Archbishop Jesus Posadas Ocampo. The killing of a Cardinal and Archbishop of the Catholic Church, the most respected institution in Mexico, forced the government to crack down on the AFO. The AFO 378 According to a Mexican Military recording of its interview with Hodoyan a former AFO member, the Logan Heights assassins were incompetent and possibly high when this occurred. Bergman 2000b. 135 leadership immediately understood the significance of the error and knew it could destroy the AFO if not handled properly.379 The AFO Response The AFO response to the crisis was largely “transactional” focusing on bribes and avoiding state attention. According to Everardo Arturo “Kitty” Páez-Martinez, a high-ranking AFO lieutenant, the AFO leadership immediately began bribing high-level Mexican government officials to minimize the government response including a 10 million dollar bribe to the head of the Federal Judicial Police, Rodolfo Leon Aragón. Benjamin Arellano-Félix arranged for AFO safe houses to be sacrificed, once incriminating documents were removed. He also arranged for AFO enforcers involved in the killing of the Cardinal to be arrested. All of this was designed to provide a public appearance of a strong crackdown on the AFO for the Mexican government.380 The AFO leadership went into hiding following the assassination. Ramon travelled throughout Mexico hunting “El Chapo,” “El Mayo” and enforcing for the AFO. Benjamin the strategic head of the organization went into hiding in the United States.381 The AFO was profit-starved in the immediate aftermath of the killing of Cardinal ArchBishop Posadas Ocampo in 1993 and could not pay its enforcers. The PSIN made calculated top-down decisions (or core to periphery) to engage in kidnapping, typically “on an as needed basis” and for high-profile targets.382 Kidnapping is generally associated with territorial PSINs. This is an example of how the territorial PSIN cells of largely transactional PSINs may engage in kidnapping when profit-starved, with the consent or tolerance of the transactional leadership. 379 Jones 2009; Caldwell 2007. Caldwell 2007. 381 Jones 2009. 382 Ibid. 380 136 Prior to 1993 the AFO rarely engaged in kidnapping deriving nearly all of its profits from drug trafficking and smuggling activities.383 These high-profile kidnappings required intelligence on the target’s habits, surveillance of the target, safe-houses and the capability to hold the victim for long periods of time. Typically the AFO had “inside-information” about the target and a corrupted official within the Mexican anti-kidnap unit. Usually, someone on the target’s security detail would make a commission from the ransom for providing information. Thus, the intelligence often came to the AFO based upon their “reputation for violence” and their reputation for paying commissions to those who provided intelligence.384 The AFO had “offices” where enforcers were expected to be ready to work each morning. No advance warning would be given to those participating in a kidnapping. A lieutenant of the PSIN would arrive at the “office” on the morning of a kidnap operation and give minimal instructions to enforcers participating in the kidnapping. Typically these were instructions on what to wear, what arms to carry and what type of vehicle to drive. This is an example of information compartmentation through procedures within the PSIN. It is also an example of “the need for security” coming into conflict with “the need for information” flows within an illicit network. The AFO failed in some of their attempts to kidnap high profile targets during this period, likely due to the compartmentation of information. It also likely survived this period intact without large numbers of major arrests because of its compartmentation of information.385 383 Ibid. Ibid. 385 Ibid.; Kenney 2003; Kenney 2007a. 384 137 Rule By Proxy: Ismael Higuera-Guerrero “El Mayel” (1993-1995) The period from 1993 to roughly 1995, when Benjamin and Ramon were outside of Tijuana “laying-low,” can structurally be characterized as “rule by proxy” for the Arellano-Félix brothers. The operation of the organization was left to Ismael Higuera-Guerrero “El Mayel” a top-level lieutenant personally responsible for brutal tortures and killings on behalf of the AFO. Higuera-Guerrero became the node through which all information from the top-level leadership passed.386 In social network analysis terms he was “a structural hole;” a non-redundant node, the removal of which would cause significant damage to the PSIN’s functioning, and in 2000 did. Benjamin Arellano-Félix was still the symbolic and strategic head of the organization, but operations were controlled by Higuera-Guerrero who had significant independent decisionmaking capabilities in this period.387 His brother Gilberto also controlled Mexicali on behalf of the PSIN, increasing both their relative importance to the AFO.388 The role of Higuera-Guerrero during this period demonstrates the limits of the AFO’s emphasis on co-sanguinity. Being a member of the Arellano Family is extremely important symbolically to head the organization, but is not a prerequisite for holding an important operational position. Trust through social network ties is not simply attained through bloodrelations, but can be earned over an extended period of time through personal loyalty and performance within the AFO.389 386 Jones 2009. Burt 2001; Burt 1995. 388 2006a; Caldwell 2007; Caldwell 2004; 2004; 2010r. 389 The role of blood relations will be discussed later in greater detail in the discussion of the ascendance of Fernando Sanchez-Arellano to leadership within the organization. 387 138 The Arrest of “Kitty” Páez (1997) The first major arrest of an AFO lieutenant occurred in 1997. The arrest of EverardoArturo “Kitty” Páez-Martinez, at his favorite Tijuana Japanese restaurant, was not in and of itself significant, but in 2001 he became the first major “cartel” figure in Mexico to be extradited to the United States. Exactly one year later, he would become “a wealth of information” for US law enforcement on the internal structures of the organization. “Kitty” was arrested three weeks prior to the death of Barron-Corona and played a key role in the events leading up to his death.390 The Death of David Barron-Corona In 1997 David Barron-Corona was killed in his attempt to kill famous Zeta editor Jesus Blancornelas. The attempt was in response to stories Blancornelas had written about Barron in Zeta magazine.391 In his ambush assassination attempt on the reporter, Barron was killed by friendly-fire. A ricochet AK-47 round struck him in the eye and resulted in the iconic photo of Barron slumped over dead propped on the shotgun he used in the attack. Miraculously, Blancornelas survived the attack, but his bodyguard was killed defending him as he took bullets with his body to defend his principle.392 For the AFO, the death of Barron represented the loss of an important, skilled and well-connected enforcer. He was so important that the AFO enforcer who accidentally killed him was executed. By this point, however the AFO ties to La Eme and street gangs in San Diego were well established and his death did not, in and of itself, represent a loss of connections to these recruitment sources.393 390 Caldwell 2007. Dillon 1997. 392 Jones 2009. 393 Ibid.; 2010b. 391 139 III. The Third Phase: The AFO Dismantlement Phase (2000-2008) The year 2000 represented the beginning of the success of US-Mexican law enforcement “kingpin” or “decapitation” strategies and the beginning of a severe weakening of the strength of the AFO.394 Operation United Eagles represented unprecedented cooperation between US and Mexican law enforcement and included the electronic surveillance of the AFO and the training of elite Mexican police forces.395 AFO leadership figures were “decapitated” through cooperation between US and Mexican law enforcement. This period began in earnest with the arrest of Jesus “Chuy” LabraAviles and Ismael Higuera-Guerrero “Mayel,” two of the cartel’s most important leadership figures in 2000. These events are the critical juncture marking the end of the territorialization phase and the beginning of the dismantlement phase of the AFO. The two lieutenants were important to the functioning of the “transactional” side of the business as first-generation leadership figures. Unlike previous extradition subjects, they were full Mexican nationals that would eventually be extradited to US prisons. US prisons effectively eliminated their ability to run their operations from behind bars.396 The arrest of both of these major advisors and operational commanders represented a significant weakening of the AFO. However, 2002 would prove a far worse year for the AFO. In 2001 Mexico’s Supreme Court made an important decision which allowed for the extradition of solely Mexican citizens to the United States. Shortly thereafter “Kitty” Páez was extradited to the US. With the death of Ramon and the arrest of Benjamin (2002), he began to 394 The embodiment of “Kingpin” or “Decapitation” strategies is the designation of “Consolidated Priority Organization Targets” (CPOTs) by the DEA. 395 Operation United Eagles will be discussed in more detail in the following chapter. 2004; 2010r; Bergman 2000b. 396 2009d; Caldwell 2007; 2010c; 2002b; 2010r; 2004. 140 cooperate with authorities, as his fear of retribution from the AFO leadership dissipated. Two weeks after this Supreme Court decision, Chapo Guzman escaped from La Puente maximum security prison and remains the most wanted man in Mexico.397 Ramon Arellano-Félix was killed in a shoot out with a police officer in Mazatlan Sinaloa February 11, 2002, presumably while hunting for Mayo Zambada. Ramon’s remains were cremated and released to a family member before law enforcement could access them, which gave rise to potential conspiracy theories about the veracity of his death.398 The death of Ramon and the arrest of Benjamin represented a nadir for the most important and experienced firstgeneration of AFO leadership.399 Appendices G and I, graphically illustrate the structure of the AFO in the dismantlement phase. Ramon Arellano’s death represented a weakening of operational control over enforcers within the PSIN. The arrest of Benjamin the strategic head was a blow to the upper echelons of the PSIN which allowed the territorial and transactional business strategies to be centrally controlled within the same PSIN. 397 Caldwell 2007; Walser; Grayson 2008b. Kraul 2004; 2006b; 2005. 399 Sullivan 2004; Kraul 2004; 2002b; 2010o. 398 141 The AFO Under “El Tigrillo” (2002-2006) Following the arrest of Benjamin March 2002, and the death of Ramon earlier in February, the natural successor to head the AFO was Francisco Javier Arellano-Félix “El Tigrillo” their youngest brother. He had been in charge of daily AFO operations since the 2000 presumably following the arrest of “El Mayel.”400 During this period of decapitation and loss of key leadership figures, AFO organizational structure did not change despite the loss of major Colombian cocaine connections which dramatically reduced profits.401 The AFO continued to employ large enforcer squads which entailed large overhead costs for the organization. To compensate for this loss of cocaine profits, the organization was forced to diversify its criminal activities. This included the expansion of marijuana cultivation and trafficking. Kidnapping also became a major source of revenue for the AFO and the cells associated with Eduardo Teodoro Garcia Simental leader of the “El Teo” faction that splintered from the AFO in April of 2008.402 Enforcer squads of the AFO have long been effective kidnappers. Kidnapping is a classic tool of PSINs to enforce the payment of debts by rival traffickers and buyers. They thus had a comparative advantage in this criminal activity.403 Francisco Javier Arellano-Félix was arrested as part of a joint DEA/Coast Guard Operation Shadow Game, aboard his fishing boat the Dock Holiday in a joint US Coast Guard/DEA on August 14, 2006 when his boat ventured into international waters. 400 He was Jones 2009; Moore 2009; 2006a. Jones 2009. 402 Kidnapping has long been a problem of in Latin America. However, the victims of kidnappings were typically wealthy and returned. As MDTO’s like El Teo’s faction of the AFO began targeting middle class professionals like doctors, and engineers, the practice began to terrorize the mass population and impact every facet of Mexican life. Tijuana professionals began living on the US side of the border and minimizing their time in Mexico. A backlash against the DTO’s was triggered from society at large. This may have led to the split between El Ingeniero and El Teo. El Ingeniero viewed the kidnappings as bad for business while Teo wanted to continue. 403 Kraul 2004; Moore 2009; Dibble; Marosi 2009; O’Connor. 401 142 immediately arrested and brought to the United States where he was charged, with drug trafficking and racketeering. Eduardo Arellano-Félix took control of the AFO following the arrest of Francisco Javier Arellano-Félix in 2006. He was known as a recluse. Somewhere between August 2006 and his arrest October 27, 2008, El Doctor became a symbolic figure and mentor to Fernando Sanchez-Arellano who took operational control.404 Appendices F and G graphically demonstrates the network structure of “the AFO in Decline.” 404 Marosi 2008b. 143 IV. The Fourth Phase: The Restructuring of the AFO The death or arrests of key AFO leadership throughout the first decade of the 21st century forced “a fragmentation” of the PSIN; reducing its resilience according to the resilience typology established in the theoretical section. The primary structural change came in the form of a internecine conflict and the dividing of the plaza which once included Tijuana, Tecate and Mexicali into smaller plazas or “turf” areas.405 The rise of “El Ingeniero” Fernando Sánchez-Arellano between 2006 and 2008, the son of Alicia Arellano represents a new generation of leadership for the AFO and a fundamental restructuring of the PSIN. There has been confusion about his nickname. He has been referred to as El Ingeniero (the Engineer), El Alineador (Aligner), and Fernandito (little Fernando). He also reportedly has a cousin named Zamora who is also referred to as El Ingeniero.406 El Ingeniero’s rise demonstrates that top-level leadership would remain in the Arellano family and is based on co-sanguinity. It would have been impossible for a non-Arellano to become the symbolic head of the AFO. This may have been equally as important to nonArellanos in the AFO as it was to Arellano family members. Keeping leadership within the family may provide a sense of stability and identity to the PSIN because it prevents the usurpation of power by hungry and aggressive younger lieutenants. It did not however prevent the split with “El Teo,” which fragmented the PSIN into internecine conflict.407 Appendices H and I graphically demonstrate the AFO structure during “the rise of El Ingeniero.” 405 Blancornelas 2002, 1:. Conflicting media reports have led to serious debate among academics that specialize in Mexican drug trafficking organizations on the accuracy of nicknames for narco-bosses. Some have even suggested that the confusion may be an intended consequence and part of an AFO strategy. Grayson 2009a. 407 Dibble. 406 144 Internecine Conflict 2008-January 2010 The onset of an internecine conflict between El Teo and El Ingeniero within the AFO represents another critical juncture, which fragmented the PSIN. The PSIN structural changes are graphically demonstrated in appendices H-J. In the early 2000’s the AFO suffered major arrests and the attacks of September 11th resulted in increased US border enforcement. This made drugs more difficult to traffic across the border and forced some elements of the PSIN to diversify their activities into retail drug sales and kidnappings. In the early to mid 2000’s an AFO lieutenant “El Cris” began kidnapping more individuals for smaller and smaller ransoms. In 2004 he was arrested but his brother “El Teo” continued the practice with his enforcer cells. This would lead to one of the most important splits within the AFO. 408 Eduardo Teodoro Garcia Simental, “El Teo” relied heavily on kidnapping as a revenue source, a fact that is universally recognized based on interviews of Tijuana citizens, businessmen, civic leaders, and law enforcement.409 As it was implemented in Tijuana by 2007, kidnapping was a highly territorial activity and was the means of enforcing extortion payments for the El Teo PSIN. The kidnapping operations were not sophisticated, though they did include a large number of people, cell phones and safe-houses. Most of the people operating these kidnap cells were mugrosos young teenagers doing “the dirty work” of the “El Teo” PSIN. There was very little previously collected intelligence on the people being kidnapped and they were typically not held for very long periods; usually 4-5 days. The victims were often killed. The advantage to the strategy of using mugrosos is that an illicit network relying on them is highly resilient because 408 409 2011e; 2010j; Ojeda; Reza Gonzalez 2011. 2011a; 2009b; 2011b; 2011c; 2010m; 2011g; Ramos 2011; Jones 2011c; 2010n. 145 they can be constantly recruited and replaced, due to a large number of highly impoverished young people in Mexico.410 Holding the victims for short periods allowed an increase in the number of kidnappings that could be undertaken. Once the Teo faction began kidnapping petit bourgeoisie, e.g. taco stand owners, they were kidnapping for much smaller amounts, usually $5-10,000 US dollars. This dramatically increased the number of people who could be kidnapped and the number of people in Tijuana who had been touched by the phenomena. The psychological impact upon the victims was devastating. Female victims were raped repeatedly and “would never be the same.” The sense of security of all of the victims, and their family and friends, was shattered.411 According to multiple Tijuana citizens and confirmed by anonymous government officials, kidnap victims, usually business-owners, would be abducted and held for ransom. They often negotiated their own ransom and were asked for exorbitant amounts. The victim would offer a lower amount which they could produce. The kidnapping cell would accept the lower amount but on the provision that the victim provide ten names of people who could pay the same amount. In this fashion the kidnappings occurred along the lines of social networks, e.g. an auto-mechanic knows other auto-mechanics and those of similar socio-economic status. Eventually, kidnappings got to the professionally educated like doctors, engineers and lawyers and triggered a societal backlash.412 To avoid being kidnapped, an illicit or licit business owner was usually given an opportunity to pay “cuota” (tax) regularly (the tax is also sometimes referred to as piso or plaza). Again, anecdotally, the pattern appeared to be that the business-owner had a “protector” to whom 410 Jones 2011c. Jones 2009; Ramos 2011; Contact 2009. 412 Jones 2011c; 2010n. 411 146 he could contact to arrange payments. Sometimes payments would become dramatically larger when for example “the boss has a birthday coming.”413 If a business-owner wanted to shut down his business, he had to arrange a final payment; usually larger than his regular payments. This was not uncommon in the period in which the Sanchez Arellano Faction and the Teo PSIN of the AFO were at war from 2008-2010. One business owner lamented being told by police that it was “not a good time to be in business,” fatalistically acknowledging that they could not keep the business safe.”414 Business people paying piso, or extortion tax, were also given an opportunity to provide 10 names of people that would not be kidnapped based on this arrangement. This usually included immediate family and employees.415 After the experience of narco-juniors in the 1990’s Tijuana society wanted a separation between “polite society” and the criminal under-world; although there were those who may have blurred the line. The Rhon family and other Tijuana elites are reported to have functioned as the money-laundering side of the illicit criminal world in Tijuana, though he has never been convicted.416 The criminal world was allowed to function and largely ignored provided that “polite society,” the elites of the licit world, went unmolested.417 Kidnappings of those who were uninvolved in illicit businesses were shocking to Tijuana society. Doctors installed panic-rooms in their offices and even threatened to go on strike, threatening to refuse to treat police officers and the public, until the kidnappings of doctors ended.418 The abduction of Dr. Guzman “the general surgeon of a leading Tijuana hospital,” was a turning point. 413 2011b. Ibid. 415 Ibid. 416 Bergman 2000c; Jones 2011a; Cearley. 417 2011b; 2010n. 418 2009b; Marosi 2008a. 414 147 Guzman's abduction came amid a plague of crime targeting the city's medical community. About 20 doctors have been kidnapped and dozens have received calls demanding as much as $50,000, according to the city's medical 419 associations. In response to the kidnappings, civil society groups representing doctors mobilized and threatened a strike. Shortly, thereafter Dr. Guzman was released.420 Kidnapping was at the center of the split between the El Teo and the Fernando Sanchez Arellano “El Ingeniero” faction in April of 2008. The El Ingeniero faction believed the Teo cells were “calentando la plaza” heating up the turf with too many kidnappings and drawing negative attention which could hurt the trafficking business. El Teo believed El Ingeniero was a weak leader, a spoiled child not from the Tijuana streets and unworthy of leadership in the organization. He also needed the profits kidnapping brought his faction, while El Ingeniero needed a calm plaza to traffic drugs and operated money laundering front-businesses. Neither El Teo nor El Ingeniero was present for the violent April 2008 gun-battle on the streets of Tijuana that marked their split.421 Most Tijuana citizens attributed these kidnappings to the El Teo faction of the Arellano Felix Organization. This is consistent with media reports which suggested that El Teo had a network of kidnapping houses and kidnap cells throughout Tijuana.422 He also had a higher propensity for violence and the symbolic use of violence. He employed “El Pozolero” who used acid to dissolve the bodies of cartel victims. El Teo is rumored to have had a drug-use problem; cristal (methamphetamine). This could have contributed to higher levels of violence in addition to his youthful and inexperienced leadership.423 419 Marosi 2008a. Ibid. 421 Marosi; 2009e. 422 This was also verified by law enforcement interviews in the US and Mexico and interviews with Tijuana business leaders. 423 Marosi 2008b. 420 148 El Teo had many advantages in the internecine conflict with El Ingeniero. First, he and his brothers were Tijuana natives. They had grown up within the city and had operated as enforcers there for most of their lives. It is reported that El Teo and his brother began in the criminal world as teenagers taking undocumented aliens across the border on foot. Second, El Teo was able to establish a short-lived six-month alliance with the Sinaloa cartel led by “Chapo” Guzman and Mayo Zambada. Widely considered the most powerful cartel in, this alliance provided Teo with the drug connections he lacked. The Sinaloa cartel had already taken control of Mexicali which since 2004 facilitating this alliance. Third, El Teo had extensive contacts within the local police force.424 Fourth, as a territorial PSIN, El Teo’s use of symbolic violence was high; a key prediction of my state reaction argument.425 He was known for leaving the decapitated heads of victims on top of vats of acid where their bodies were dissolved. This in effect, defeated the purpose of having a Pozolero to hide the carnage, but had a strong psychological impact upon rival cartels and the local population.426 He was known for having many local police on his payroll but also for killing police that did not cooperate with him.427 This violence was a “double-edged sword” for this faction. It terrorized, and cowed the population into submission, but also led to a societal backlash.428 Officials say the differences were long-simmering, though the final split took place with a confrontation April 26 in eastern Tijuana that left at least 14 dead. Law enforcement officials say that Sánchez had called a meeting to rein in 424 Anonymous interviews in Mexico. Ellingwood 2009a; Marosi; Jones 2011b; Carroll 2010. 426 de Mauleon 2009; Dudley 2010; Marosi 2008b. 427 Before El Teo’s arrest in January 2010, I visited Tijuana in 2009 and noticed that municipal police travelled in groups of two trucks, with at least two men each sitting in the truck bed with automatic weapons. Motorcycle police, that typically enforce traffic violations individually, rode in groups of three. Seven months after Teo’s January 2010 arrest, Police appeared to be calmer and rode in their trucks with one partner in the cab with them and no one in the truck bed. This is an example of the impact that Teo’s arrest had on the Tijuana psyche. It has calmed municipal police by reducing the daily threat of police assassination. 428 For a description of the state’s response to the Teo faction in Tijuana see chapter six. 425 149 García and his crew members, who were conducting abductions outside their 429 designated zone. But the meeting disintegrated into a gunbattle. El Teo, who controlled a network of safe houses where kidnap victims were held, did not agree with the move and broke with the AFO in a violent gun battle on the streets of Tijuana which left fourteen dead. El Teo retreated to Sinaloa only to return in September 2008 to restart his conflict with El Ingeniero.430 El Teo’s arrest on January 12, 2010 in La Paz Baja California Sur, while loading drugs for shipment to the United States marked a major public relations victory for the Calderon Administration.431 One of Teo’s top lieutenants Lopez-Uriarte also known as El Muletas and Teo’s younger brother Manuel Garcia-Simental were arrested in February of 2010 dealing another blow to this territorial PSIN.432 Many have speculated that the information that led to Teo’s arrest was provided by elements of the Sinaloa cartel which had switched to an alliance with the El Ingeniero transactional PSIN. This is a plausible if unconfirmed scenario that would suggest that transactional PSINs prefer alliances with each other because they both employ “low profile” business strategies that do not trigger harsh state responses. Through a powerful state and rival PSIN reaction, the territorial PSIN led by El Teo was dissolved and subsequent iterations of the AFO have utilized “low-profile” strategies that minimize violence. This case study elucidated the evolutionary process that eliminated one PSIN for its emphasis on territorial extortion and the resilience stemming from its transactional character and its ability to form alliances with the state and other powerful transactional PSINs. This chapter described this process at the internal level of analysis by looking inside the illicit network. The next chapter will elucidate my state reaction argument for understanding 429 Dibble 2009. 2008e; Marosi 2009; Dibble; Spagat 2010. 431 Spagat 2010. 432 Marosi 2010b. 430 150 PSIN resilience from the perspective of the state and the policies the Mexican and US governments used to fight these PSINs. 151 Chapter 6 The US-Mexico Reaction to the Arellano Felix Organization The territorial business strategy of the (AFO) splinter cells led by El Teo triggered a strong societal backlash that pressured the Mexican state at all levels to react strongly against it. The widespread use of kidnapping, extortion of the local population and the killing of Tijuana police officers galvanized the civil society and state reaction. The El Ingeniero transactional PSIN supported the state response through the provision of intelligence on the Teo PSIN to the state.433 The AFO was forced into internecine conflict by continual US decapitation strikes that led to a fragmentation of the PSIN. Why was the US response to the AFO stronger, earlier? I believe the answer lies in stronger democratic institutions and the rule of law. The killing of DEA agent Enrique Camarena in Mexico triggered a stronger response than the killing of a US agent in the United States might have because it involved elements of foreign policy nationalist concerns about the safety of US agents abroad. Further the event occurred in the midst of an already declared war on drugs in the United States that stretched back to the Nixon Administration.434 US democratic institutions are well established. Democratic institutions lower the tolerance of states to territorial and transactional PSINs; though territorial PSINs are always higher priority targets for states due to territorial PSIN violence. To understand the Mexican state reaction to the Arellano Felix Organization and its success we must also understand Mexico’s democratization and US-Mexico relations. US law 433 434 2011a; 2011b; 2011c; 2010m. Shannon 1988. 152 enforcement played a major role in assisting the Mexican state against this profit-seeking illicit network. State “successes,” in the form of arrests of AFO leadership figures, occurred when US law enforcement found Mexican counterparts they felt they could trust and when Tijuana civil society forced the Mexican to state to react to territorial profit-seeking illicit networks.435 US policy has been largely confrontational with traffickers in the 20th century while Mexico has undergone a policy shift toward narcotics trafficking. Official Mexican state policy had long been confrontational with traffickers, but a deeply corrupted internal security service (DFS) colluded with traffickers through much of the 1980’s. The democratic consolidation process explains much of Mexico’s change in policy to complete “confrontation” with profitseeking illicit networks.436 By 2006 the Calderon administration sent more than 60,000 federal soldiers and more than 5,000 federal police to cartel hotspots throughout the country.437 It also negotiated unprecedented levels of cooperation between the US and Mexico in the fight against Mexican PSINs.438 435 2004; 2010d; Jones 2011b; 2011h; Jones 2011d; Cook, Rush, and Seelke; Neher 2009; 2009a; Booth and Miroff 2010a. 436 Duran-Martinez and Snyder 2009. 437 Wilkinson 2009; 2010s. 438 2010d; Jones 2011a; Danelo. 153 US-Mexico Historical Relations The US-Mexico relationship on drug trafficking can be characterized as cooperative tempered by Mexican sovereignty concerns. For Mexican elites, the fear of US invasion is real and stems from the loss of territory in the Mexican-American War resulting in the Treaty of Guadalupe Hidalgo in 1848 and the punitive raid of General Pershing against the forces of Pancho Villa during the Revolution. The power differential between the United States and Mexico is tremendous. A small but illustrative example is the size of the two countries’ economies as measured by GDP, the US at 14 and Mexico at 1 trillion dollars shows the clear differential. Despite the differences in economic size and development, the two countries are natural trading partners and have codified the relationship with the 1994 North American Free Trade Agreement; a key example of state led increased economic interdependence and globalization.439 NAFTA itself increased the free flow of goods between the US and Mexico which PSINs have taken advantage of. As Mexico’s struggle with organized crime has become more violent, US assistance in the form of equipment, training, and now even embedding US agents in Mexico has been offered and quietly accepted by the Mexican government. “Drug wars” have thus become a source of mutual interest cooperation between the states and the pattern is noticeable internationally. 440 Democratization in Mexico Higher levels of democratic consolidation lower the state’s tolerance for organized crime, particularly if that crime results in violence. Democratic transition, defined as the movement from authoritarian to liberal democratic rule, results in a short term weakening of institutions which can hinder the state’s response to organized crime. Over the long run however, the state is 439 440 2008a; Diaz 2009; Camp 2005a; Diez and Nicholls 2006. Thompson 2011b; Thompson and Mazetti 2011. 154 better served against organized crime under democracy.441 Democracy is not a panacea for organized crime, but its characteristics including: rule of law, transparency and accountability, are the most effective means by which to combat organized crime. Democratic consolidation must be careful to include legal reforms to prevent the funding of political campaigns by organized crime, as has been the case in Mexico.442 Criminal activity threatens the foundations of liberal democracies and engenders resentment from the population coupled with political demands to reduce crime and violence. Populations in democracies are rarely willing to allow the state to engage in “dirty deals” with organized crime in exchange for peace. “Political survival” explains democratic consolidation’s movement toward “confrontational” relationships with traffickers.443 Political elites become subject to electoral losses as the public makes demands to root out corruption. Traffickers threaten the state by threatening the position of traditional political elites; thus political survival models encapsulate the ways in which democratization moves states toward confrontational relationships with traffickers. Traffickers also threaten “rule of law” norms and institutions through their “impunity;” further triggering a societal backlash.444 Democratic consolidation can be a long and winding road. Democracy may include demands for peace and accommodation with illicit networks in the short term. 445 Nowhere is this clearer than in Mexico. Under the 70 years of one-party PRI rule, Mexico developed an ever441 Zakaria 2007. Buscaglia and Van Dijk 2003; Buscaglia 2001. 443 Solingen 1998; Solingen 1994a; Solingen 1994b. 444 2010d; Jones 2010c; Marosi; Edmonds-Poli and Shirk 2009; Solingen 2007; Solingen 1998; Solingen 1994a; Sabet 2011. 445 This occurred under the Colombian Pastrana administration in the late 1990’s. The Colombian government provided a demilitarized zone to the FARC to facilitate negotiations. The demilitarized zone resulted in a de facto state for the FARC which engaged in extensive drug trafficking and criminal activities like car theft in the region which they dubbed “FARC-landia.” The FARC used the demilitarized zone to rearm and prepare for a continued struggle against the Colombian state. Negotiation was widely considered a failure. Pardo 2000. 442 155 increasing drug trafficking problem. However, under the PRI this trafficking was tolerated and even encouraged so long as it occurred non-violently and significant payments to corrupt state officials in the DFS were made. It was only in situations where the interests of the United States were harmed that the Mexican government arrested major cartel figures.446 When American DEA agent Enrique Camarena was killed by the Guadalajara Cartel, severe pressure was brought to bear on the Mexican government. Thus, democracy did force a change in Mexico’s drug policy, it was however a foreign democracy.447 Democratization has weakened Mexico’s ability to negotiate with drug traffickers.448 The movement away from the single party Partido Revolucionario Institucional (PRI) rule and the Direccion Federal de Seguridad (DFS) security agency has made long term credible promises to traffickers on behalf of the Mexican government to traffickers impossible. Baja California was the first state to break the PRI’s unified grip on power in Mexico and thus it was the first place where the local trafficking network, the Arellano Felix Organization militarized because it could no longer purchase the security services of the state.449 The more progressively democratic Mexico has become the stronger the state response has been to drug cartels. Carlos Salinas de Gortari, president from 1988-1994, was considered corrupt and in collusion with the Gulf Cartel.450 In 1989 the Partido Acion Nacional (PAN) also won Baja California elections for governor and Mayor of Tijuana. For the first time in Mexican 446 Shannon 1988. Ibid. 448 Duran-Martinez and Snyder 2009. 449 This was not the sole factor at play. With the removal of the DFS other cartels were threatening to infringe upon the lucrative territory, further forcing the AFO to purchase weaponry and increase their enforcer squads recruited from San Diego gangs. See chapter five. 450 Arteaga 2006. 447 156 politics the PRI’s unified grip on Mexico weakened. This also meant that the political class was less able to control the AFO because it was less unified than under the PRI.451 President Ernesto Zedillo 1994-2000 (PRI) began a slow fight against the drug cartels which resulted in the arrest of numerous major traffickers including Juan Abrego head of the Gulf Cartel. His Drug Czar General Rebollo was discovered to be in collusion with the Juarez Cartel. By the time Vicente Fox was elected in 2000, he had begun the process of utilizing the military against the cartels; though at a much lower level than current President Calderon. Some of the most important arrests of cartel leaders occurred in this period under the Fox Administration including the arrest of Benjamin Arellano-Félix head of the AFO, Osiel Cardenas Guillen head of the Gulf Cartel and El Tigrillo successor to Benjamin Arellano Felix. The Fox administration was the first non-PRI election victory in more than 70 years and was considered a major step toward democratization in Mexico.452 US-Mexico Counternarcotics Strategies The Mexican and US government strategy to fight the AFO has focused on “decapitation” strikes, or the targeting of AFO leadership figures for arrest. This strategy is embodied by DEA’s Consolidated Priority Organization Target (CPOT) lists which focus on prominent DTO’s and their leadership figures. The goal of these strikes is the dismantlement of the organization resulting “flatter” organizations which do not threaten the state. This is the dominant narrative of what occurred in Colombia following the dismantlement of the Medellín and Cali Cartels.453 451 2010g. Shirk and Latin American Studies Association. International Congress 1998; Velasco 2005; Shirk 2005; Bailey and Godson 2000. 453 Garzón 2008; 2008b. 452 157 The US-Mexico Cross-Border taskforce is an example of an interagency US law enforcement program that increased cooperation amongst US agencies responsible for prosecuting the AFO. These agencies included the California Department of Justice, the FBI, the DEA, the US Attorney’s office among other agencies. At various times they have had the cooperation of the US Coast Guard. The United States largest hindrance in the interdiction strategies of the 1990’s was the perceived corruption of Mexican officials. This perception prevented the sharing of accurate intelligence.454 Operation United Eagles represented a model for the successful cooperation between US and Mexican law enforcement and military agencies. Under Operation United Eagles US law enforcement brought 65 vetted Mexican law enforcement agents into the United States for counternarcotics training. They were then returned to Mexico and given intelligence from US wiretaps on the whereabouts of AFO leaders. The Operation led to the arrest of major AFO leaders including “El Tigrillo” in 2006.455 The US government response to drug cartels in Mexico has been much more aggressive much earlier than in Mexico. Indeed this aggressive approach stems from stronger law enforcement institutions that wanted to punish the heirs of the Guadalajara cartel for the death of Enrique Camarena and the support of a democratic populace with a low tolerance for drug related violence and ironically a high consumption rate. This aggressive response was felt in the late 90’s and early 2000’s in the Tijuana cartel which was decapitated to such a degree that the split along transactional versus territorial lines occurred. The Mexican government was later coming to the fight against organized crime and democratization appears to have been the key factor increasing the response against organized crime. In Tijuana the coordinated federal and 454 455 2010l; 2008b. 2008b. 158 local state responses were triggered only when the territorial Teo faction fragmented from the rest of the AFO and triggered a civil society response.456 The Merida Initiative Upon taking office the Calderon Administration realized it would need to fight organized crime and would need the support of the United States. The Merida Initiative began with the Bush Administration and the subject was broached in 2007 in Merida Mexico by President Calderon. The ongoing Initiative is a US-Mexico “partnership” in which Mexico receives 1.4 billion dollars in US military equipment over three years for its fight against profit-seeking illicit networks. The program was very carefully crafted to alleviate Mexican sovereignty concerns. The equipment has been slow to arrive in the time since the agreement was reached and Mexican officials have told American diplomats that the Merida Initiative should have included more training and personnel capacity-building. Capacity-building and training in the Merida Initiative were minimized and subcontracted to private security firms due to Mexican sovereignty sensitivities.457 According to leaked state department cables available from Wikileaks, Mexican Calderon Administration officials have acknowledged that the lack of emphasis on capacity building was problematic for the success of the Merida Initiative. The equipment provided will be useful, but training and capacity-building would have been more useful and will be emphasized in future iterations provided the next Administration does not make radical changes in anti-organized crime policy.458 456 Ibid.; Shannon 1988; Grayson 2008b; Bjerke 2010. 2010d; Cook, Rush, and Seelke; Neher 2009; Lacey 2010; Johnson 2008. 458 Booth and Miroff 2010a; Carroll 2010; Danelo. 457 159 ATF Project Gunrunner Both the Bush and Obama Administrations have acknowledged the US responsibility to stop the flow of guns into Mexico from the United States. 90% of guns in Mexico recovered in crimes that are traced are traced back to the United States. Guns are purchased through strawbuyers and modified by illegal gunsmiths in the US or Mexico before or after being trafficked into Mexico. The US response has been to send more Alcohol, Tobacco, Firearms and Explosives (ATF) agents to border areas where guns are most likely to be trafficked to Mexico or the US.459 The ATF has recently received criticism for Operation Fast and Furious. This operation allowed guns to “walk” into Mexico, in an attempt to track the weapons to high ranking cartel figures. The guns were lost and one may be linked to the death of an American ICE Agent Jaime Zapata killed by Los Zetas gunmen in Mexico.460 The Tijuana Federal and Local Response While Mexico’s current national counternarcotics strategy has overemphasized equipment in its battles with drug traffickers, it has its own “successful” model Tijuana.461 Tijuana has not made public the details of Operativo Tijuana, but it has created a model for success, which through interviews, media reporting, official statements, and statistics can be understood and applied to other regions.462 459 Jones 2010a. Serrano 2011; Thompson 2011a. 461 2010t. 462 Public statements on the plan were limited and came primarily at the federal level from the military in January 2007. Details on the actual strategy were limited and the public address announcing it primarily provided the numbers on forces and equipment to be sent to Baja California. It should be noted that Municipal police chief Leyzaola took office in September of 2008 and could not have been present for a planning session in or before January 2007. The plan underwent a major revision in December 2007 when Leyzaola arrived. There is no clear strategic statement of the operation or publicly available statistics from the government assessing it. This demonstrates a lack of communication with society and Operativo Tijuana may have succeeded despite this lack of communication, not because of it. Merlos and De La Luz Gonzalez 2007; Ortiz Aguilera. 460 160 The ongoing Tijuana strategy includes both social and security programs with an emphasis on the security. The social prong of the strategy included Educacion para Rechaz Uso y Abuso de Drogas a program designed to educate young people to reject drug use. Operativo Tijuana, or Operacion Tijuana, was announced in January of 2007 by the federal government, but was completely revised with local and state participation in September of 2007 following the kidnapping of the President of the Confederation of Employers of Tijuana (COPARMEX) on September 2, 2007.463 The strategy was completed in December 2007 following a series of meetings between the military, federal government, state and local authorities, US law enforcement and civil society groups. Leaders of business associations representing businesses and professionals were especially important according to interviews conducted for this project.464 The strategy was premised on Los Angeles counter-gang strategies of the 1990’s according to anonymous interviews of those present. The army also worked extensively with local human rights groups, business leaders and citizen civil society groups in the planning and implementation of the strategy. This increased “local buy-in” and “intelligence.”465 Overall it was characterized by “a single charismatic leader” in military commander General Alfonso Duarte Mujica, who worked closely with his municipal police counterpart Julian Leyzaola.466 The Tijuana Alliance Civil society groups had created the demand necessitating the strong state reaction. As the victims of kidnappings and extortion, businessmen became ready allies in the fight against territorial PSINs in Tijuana. Human rights groups also participated, but continued to accuse the military and police of human rights violations. The governor of Baja California Osuna (PAN) 463 2010h. Alvarado 2010. 465 2011b; 2011c; Contact 2009. 466 Marosi 2009; Marosi. 464 161 and President Calderon (PAN) were committed to improving security and provided many of the resources necessary, including the best trained and most competent components of the Mexican military. 467 There was one final ally of note.468 The “El Ingeniero” or Fernando Sanchez Arellano faction of the AFO provided the police and military with valuable intelligence about the Teo faction and its key leaders after their split in 2008. We can surmise that this information may have been taken unwittingly by the state through a hotline the military had established to garner intelligence and tips on narco traffickers operating in the area. The FSO is a transactional cartel with extensive money laundering and trafficking operations that did not want to “heat up the plaza.” El Ingeniero was at war with the Teo territorial PSIN from April 2008 to early 2010.469 When the Teo territorial PSIN broke from the AFO it increased kidnappings, homicides in the city and issued cuotas on the number of police its sicarios had to kill for refusing to cooperate. Also, it threatened the police chief Leyzaola with bombings of police buildings. The Teo faction had many corrupted police but could not corrupt all and thus the AFO internecine conflict had a mirror within the municipal police. The Teo faction was territorial, hierarchical and unable to establish a Pax Mafiosi with the police and military that US officials suspect the Fernando Sanchez organization was able to establish.470 Police Reform Through the creation of a stronger, vetted, better equipped police force and military coordination, Tijuana scored impressive successes against organized crime in the city. The 467 James Ackerman President of the Tijuana Employers Confederation (COPARMEX) was kidnapped on September 2, 2007 and released shortly thereafter. Ackerman’s kidnapping by the Teo faction added to a strong societal backlash against the Teo faction within the AFO at this time. 2010a. 468 Ramos 2011. 469 Marosi 2008a; Marosi; Marosi 2008b; Marosi; Marosi. 470 Betanzos 2011. 162 municipal police force has improved and is in the midst of an ongoing reformation process. The emphasis on municipal police assisted the gathering of intelligence which, when given to the military on incidents related to federal crimes, was effectively acted upon. For example, cases involving assault weapons and large quantities of drugs, which were not under municipal jurisdiction were referred to the army (SEDENA). Interviews within Tijuana indicated a high level of distrust of Federal Police due to potential corruption. Thus, while the military was less embedded in the society and had less law enforcement experience but it was more trusted then the federal police. One interviewee stated, “Mejor un novato que un corrompido.” Or better a Rookie than a dirty cop.471 Chemotherapy for the Municipal Police The focus of the Tijuana strategy was on the municipal police and capacity-building in the agency. A major element of the strategy was the elimination of corrupt police elements, which like chemotherapy would be a long, painful but necessary process. These corrupt officers provided much of the logistical support for illicit criminal networks throughout the city, but especially for the Teo Faction. The police were deeply corrupted by the AFO over the previous thirty years, from which the Teo faction split in 2008. These deeply embedded officers had to be removed to successfully combat organized crime.472 The tactics for eliminating internal police corruption were regular polygraphs, background checks, drug tests, training sessions, target practice, etc. Police pay had been increased under the former Mayor Jorge Hank Rhon (PRI) to the highest levels in Mexico; a necessary precondition for the success of the program. Despite the increases, the average police officer makes about $1100 US dollars a month Tijuana, which is still a small sum for one of the 471 472 Author’s translation. Multiple interviews of anonymous scholars, law enforcement and reporters in Mexico. 2011c. 163 most expensive cities to live in Mexico. Those pay increases were accompanied by other infrastructural improvements like new police office buildings and cameras to prevent crime throughout the city. 473 Torture appears to have been used to gain intelligence and remove corrupt officers. When officers proved to be corrupted, torture in the form of beatings and electrocutions were used to garner intelligence on officers suspected of corruption. Former Police Commander Leyzaola denies these charges but there are media reports and witnesses to support the accusation that torture was used particularly on suspected police officers.474 Without judging torture’s moral implications, it appears to have been effective to the extent that there is more public confidence in the municipal police and many corrupt officers were arrested in this period, though many innocent police officers were no doubt implicated as well.475 Incompetent Enemies The success of the government effort can in part be attributed to the incompetence of the enemy. The Teo faction was not particularly sophisticated in its methods of kidnapping or intelligence. The victims of kidnapping moved in this period from high level wealthy individuals in Tijuana society to small business owners, owners of taco stands, restaurants, mechanics, etc. This created a strong societal backlash which put tremendous pressure on the state apparatus and made Teo’s soldiers visible to the local population.476 Intelligence fed to the government by the FSO no doubt also played a role.477 The FSO’s ability to create an alliance with local authorities and the Sinaloa cartel through its Sinaloa and business connections made it 473 Shirk; Shirk. 2010b; Walker 2010; Finnegan 2010. 475 2005. 476 2011b; 2011a; 2010n. 477 2011c. 474 164 more able to survive the onslaught and redirect the state’s energies toward the Teo faction culminating in his arrest and the arrest of all of his top lieutenants in early 2010.478 The Mexican government response had many advantages. US law enforcement had specialized taskforces eavesdropping on cartel radios and telephone systems. They may have fed the Mexican state intelligence on the Teo faction, as the Wikilieaks cables demonstrate the DEA had done in the case of the Mexican Marine’s capture of Arturo Beltran-Leyva in Cuernavaca, Mexico. Mexican law enforcement have also benefitted from the training of US law enforcement.479 “Oil-Spots” Operativo Tijuana focused resources on small-targeted regions to clear those areas of members of organized crime.480 It focused police capacity-building in geographic sectors. This is much like an “oil spot” or “ink-stain” counterinsurgency strategy as articulated by Sir Robert Thompson.481 The Tijuana plan had a key difference from the typical “ink spot” strategy in that it did not begin in the center of the City, but rather in its farthest western region a Delegacion known as Las Playas de Tijuana. Playas de Tijuana is a logical starting point for the strategy; it is abutted by the ocean which means that infiltration from the West is unlikely. It is fairly geographically isolated with one main road connecting it to Central Tijuana. There are other roads which travel to Rosarito and Ensenada, but there is only one main road to the center of the city due to hills. It is also known as an affluent region where American ex-patriots reside because of the lower cost of living. The goal of the strategy was to recover Tijuana delegacion 478 Spagat 2010. 2009a; Booth and Miroff 2010a. 480 Felbab-Brown 2009c. 481 Thompson 1966. 479 165 by delegacion starting west to east. The process is ongoing with east Tijuana delegaciones still not fully recovered.482 One notable example of the geographic character of the recovery was the recent military decommissioning of 134 tons of Sinaloa Cartel marijuana. Following the decommissioning police and military were threatened via police radio frequencies with 134 murders in the city in response. How was this possible if police radio frequencies were now encrypted? The encryption system was effective in Playas and Centro delegaciones, but not in the east where the resources have not yet been applied. It is projected by the strategy proposal that the large more rural east Tijuana delegaciones are projected to be “recovered” in 2011.483 The “Successful” Reaction of the State to a Territorial Illicit Network The reaction of the state can be characterized as successful in the Tijuana case because the citizens of Tijuana feel more secure, kidnappings and extortion of legitimate businesses are down, and one cartel faction was dissolved and another is reorganizing. Figure 14 below demonstrate in both annual and monthly data the reduction of kidnappings in Tijuana following the highs of 2008. 482 483 2011a; 2011c. 2011e; Ibarra Gonzalez 2010. 166 Figure 12. Kidnappings in Tijuana 2006-September 2011 Average Monthly Kidnappings in Tijuana 9 8 7.67 7.92 7 6 5.67 5 4.33 4 3 2 1 2.50 Average Monthly Kidnappings in Tijuana * 2011 based on data through September 1.17 0 200620072008200920102011 484 Figure 14 shows a reduction in violence from the highs of the cartel internecine conflict of 2008 but the new “lows” are higher than years prior to Calderon’s drug war. There are multiple explanations for what could cause this new level of violence. Some Mexican scholars argue that this has more to do with how the numbers are compiled. Now that local governments get federal government attention and money based on violence, they are more likely to count homicides and kidnappings. Another possible explanation is that the new levels of violence represent a decentralization of violence and the rise of retail drug use and sales in Mexico.485 484 485 These figures are monthly and annual raw numbers (not rates). Jones 2011d. 167 The Resilience of the Transactional PSIN The AFO has proven resilient, though US prosecutors call it by a new name, the Fernando Sanchez Organization (FSO), after having forced its reorganization. It is severely weakened and is being supplanted by the Sinaloa cartel, which continues to pay the FSO cuota in an agreement the nature of which no one outside the illicit networks clearly understands. Tijuana was considered such a success that President Felipe Calderon took Baja California leader Blake Mora has his new Government Secretary a position equivalent in importance to the US VicePresidency.486 Tijuana has not eliminated organized crime in the city, but the municipal police have strengthened themselves sufficiently that illicit networks have taken a “lower profile.” Organized crime, at least the Teo Faction, could not rely on corrupted police officers to provide logistical support and was quickly dissolved by early 2010. Tijuana itself has become too secure for most high level traffickers to reside in. Most have moved to Baja California Sur; e.g. the arrest of El Teo was in La Paz. Murders and the “settling of scores” between criminal groups, narcomenudistas and buyers, continue to occur, but not in broad day light. Extortions and kidnappings, referred to as “high impact” crimes are also down in the city as the figure below demonstrates.487 486 In December 2007 there were 6,076 delitos or crimes and in December 2010 there were 4,304 representing a 33% decline in general crime during the implementation of Tijuana’s COIN strategy. 2011a. 487 Ibid. 168 Figure 13. Kidnappings, Homicides and Extortions in Tijuana 2006-September 2011 Source: Secretary of Security Baja California Homicides 140 Arrest of El Tigrill o 120 Kidnappings Interneci ne war between El Ingeniero and El Ceasefire between Teo and El Arrest of El Doctor Arrest of El Teo Extortion Cases 100 80 60 40 20 2011-7-July 2011-4-April 2011-1-January 2010-10-october 2010-7-july 2010-4-april 2010-1-January 2009-7-july 2009-10-october 2009-4-april 2009-1-January 2008-7-july 2008-10-october 2008-4-april 2008-1-January 2007-10-october 2007-7-july 2007-4-april 2007-1-January 2006-10-october 2006-7-july 2006-4-april 2006-1-January 0 Source: Baja California State Police What is interesting about this chart is not that it demonstrates that spikes in violence are directly related to conflict within the AFO but the new “normal” levels of violence after the spikes.488 Annual homicides in 2010 are higher than in 2008, as the figure below demonstrates. Mexican 488 Jones 2011d. 169 scholars like Dra. Virginia Ilescas argue this is the result of improved data collection following periods of intense violence.489 Figure 15. Tijuana Homicides 2006-2011 Data From Secretaria de Seguridad Publica Baja California Average annual Tijuana Homicides 70 60 57.33 50 48.08 46.33 40 30 37.78 26.17 Average annual Tijuana Homicides 25.83 20 2011 Data through September 10 0 2006 2007 2008 2009 2010 2011 The trend in Mexico and as evidenced here in Tijuana has been that the new “lows” in violence are higher than in previous years though lower than the spikes due to internecine PSIN conflict. This suggests that the new norm will be worse than the old and is no longer in the control the AFO or other large PSINs. We can logically hypothesize that the new violence may be due to increased retail drug traffickers “settling scores.” The new violence is now decentralized and uncontrolled. The “success” has been in controlling the spikes in violence due to internecine conflict within and between “cartels.”490 Tijuana has not improved in all security metrics, but the sense of cartel “impunity” has been eliminated and the police have largely been purged of corrupted officers that provided the 489 490 Public presentation on violence in Mexico at COLEF University in Tijuana. Jones 2011d. 170 logistical support to territorial PSINs like the Teo faction. The Teo faction had many police contacts which it attempted to leverage in a territorial fashion. This directly challenged state authority. They engaged in broad daylight shootings threatened to bomb municipal police stations and taxed their territory through extortion and kidnappings.491 Fearing a Return There is a fear of a return of violence in Tijuana. It centers on the scenario that as the remnants of the AFO led by “El Ingeniero” are displaced by the Sinaloa cartel, there will be a final territorial struggle between them. Municipal police appear confident in their ability to address that scenario today because the police forces have been largely purged of corrupt officers which could prevent their ability to address security threats. Further, they appear emboldened by the presence and the cooperation of the military which has taken the mantle of leadership in the area.492 More and more reports arise suggesting that the success in Tijuana was due to the alliance between the local police and the AFO against the Teo faction. Once the Teo faction has been eliminated the new equilibrium appears to be to allow the AFO to function. Also the Sinaloa cartel has made inroads into Tijuana and appears to have “purchased” the territory for the long term, suggesting the presence of the cartel will be permanent. The Sinaloa Cartel is largely transactional much like the Cartel Arellano Felix. This suggests that the transactional PSINS are better at corrupting the government and creating alliances with each other, which are both capabilities, suggesting transactional PSINs are more resilient than their territorial counterparts.493 491 Marosi 2009. 2011a; 2011b; 2011c. 493 2010v. 492 171 The Role of Technology in US-Mexico Battle against Organized Crime The role of technology can both benefit and hinder flat illicit networks in their competition with hierarchical states. Expert opinion has generally argued that technology would weaken the state vis-à-vis illicit networks. Generally, globalization has diminished the technological advantage the state has enjoyed over profit-seeking illicit networks, though a narrow gap advantaging states remains. The causal mechanism for this trend has been the widespread availability of technology in the private sector. 494 Technology can strengthen the grip of the state over its citizenry. It was once argued that the Internet and the free flow of information would dismantle autocratic regimes. This has not been the case as the state has found impressive mechanisms for controlling the flows of information and suppressing dissent with technology.495 One implication of globalization is that technology is privately available to individuals and illicit networks. Global Position Systems (GPS) can be bought and used to track drug loads, “pay as you go,” “clone” cellular and satellite phones can be used to coordinate drug deals or terror attacks, sea-submersibles can be constructed using materials and components available on the open market, email accounts can be used to engage in untraceable communications, and free encryption systems can be used to prevent or stifle state surveillance, e.g. blackberry encryption (Research in Motion Canada-based) can prevent government surveillance.496 494 Naím 2005; Friedman 2007, 1:; Friedman 2010. Certainly the Communist leadership in China and its recent cyber attacks on dissidents using Google is a case in point. China has opened economically but not politically, despite rapid technological development in the private and public sectors. Iran’s ability to suppress the Facebook utilizing Green Movement and North Korea’s ability to control everything its population has access to, are also illustrative of how technology can be used to maintain the dominance of the state over non-state actors and social movements. Cole 2010. 496 The Mexican government’s recent attempts to identify cell phone users by forcing them to “text” their identities was derisively received by the Mexican public, with Telefonica refusing to cut users off and Proceso Magazine issuing cartoons poking fun at how many Mexicans claimed to be the president of Mexico. All of this was an 495 172 Technology has traditionally been an advantage for the state in its struggles with nonstate actors like insurgencies and organized crime. This has been due to the state’s development and control of these technologies; especially in the realm of surveillance. During the Cold War, the US government developed extensive surveillance technology. The sophisticated surveillance equipment which took so much money to develop in the Cold War is now passé by the standards of what is available at a Radio-Shack or an Internet “spy” website.497 In an increasingly globalized world, where much of the technology is developed by private companies for the open market, the technological advantage of states over organized criminal groups has narrowed. Governments aren’t the only ones who can wiretap phones. Illicit networks like the Gulf Cartel are notorious for tapping phone lines and killing the citizenry who provide tips to the government about the cartel operations.498 Advanced drone technology is an example of an area where states, in particular the United States, maintain an advantage. Surveillance drones require billions of dollars of research and development. While PSINs have the ability to accumulate capital, that level of capital accumulation and investment, is typically beyond their reach. Advanced drones have played an important role in US support for Mexico in the fight against organized crime. Sophisticated surveillance drones flying at over 60,000 feet now provide Mexican security forces with attempt by the Mexican state to prevent drug traffickers from using “pay as you go” cell phones to engage in criminal activities. Naím 2005. 497 Marshall. 498 States still wield power over private companies with encryption technologies that states cannot break. The US government for example can and does offer private entities lucrative government and law enforcement contracts on the use of the technology, on the condition that it not be sold on the open market. Private entities comply for profit and possibly fearing state retribution in other sectors like the regulation of airwaves and the ability of regulatory agencies like the FCC to punish. Grayson. 173 intelligence on PSINs.499 Data-mining is also an area where states maintain a surveillance technology advantage over illicit networks. The capability to develop the algorithms and maintain this surveillance requires large scale investments in supercomputers, qualified and vetted personnel, and even the cooperation of private telecommunications actors.500 States maintain a narrow technological advantage over PSINs, but democratic ones are limited in how they use it. The US Central Intelligence Agency (CIA) likely engages in sophisticated social network analysis of insurgencies and criminal groups in foreign countries. The National Security Administration (NSA) engages in the “warrantless-wiretapping” of American citizens’ communications with suspected terrorists, raising constitutional issues. Democracies prefer to avoid spying on their own citizens, which limits how they can take advantage of their narrowing technological advantage.501 For better or worse, democracies have been able to overcome the privacy issues of surveillance technology through their cooperation with each other. The US-Mexico relationship is an example. Mexico cannot spy on its own citizens, but has had no qualms accepting intelligence from US intelligence agencies about internal corruption and illicit PSINs. This has led to major prosecutions in Mexico. Vice-versa Mexican espionage could also engage in some of the same activities and pass information on to US law enforcement. These arrangements likely occur and are not publicized.502 Further, today states must compete for talent, which it pays to educate, with its own private sector. The state advantage comes in the size and quality of 499 Thompson and Mazetti 2011. Smith 2007; Thompson and Mazetti 2011; Thompson 2011b. 501 Smith 2007. 502 Ravelo 2005. 500 174 the bureaucracies they can create for the sophisticated analysis, surveillance software, and equipment capable of giving them an advantage over technologically sophisticated networks.503 This technological advantage exists only for the wealthiest states willing to invest large sums in defense and intelligence gathering. It requires hierarchies to collect and analyze the data in addition to laws to control the spread of software like encryption programs government agencies cannot decrypt. Developing economies do not possess this advantage, unless they operate in conjunction with developed states and take advantage of their economies of scale.504 Mexico and the United States represent an example where the battle against illicit networks has provided a point of cooperation on the issue of the diffusion of surveillance technology from strong to weak states. The importance of that diffusion has been highlighted by leaked state department cables released by Wikileaks, which describe the desire of Mexican government officials to develop an indigenous surveillance capability.505 503 Friedman 2007, 1:. Colombia in the 1990’s and present-day Mexico are excellent examples of developed states taking advantage of their alliances with the United States and its economy of scale in defense spending. Bowden 2001. 505 2009a; 2010f; Booth and Miroff 2010a; 2010y. 504 175 Deepening Ties and Capacity-Building The United States and Mexico appear to be deepening ties with each other in the battle against organized crime. Mexican sovereignty concerns have slowly given way to an acceptance of US assistance and US intelligence. These have included the presence of US intelligence officials in Mexico, US drone flights and US telecommunication intelligence.506 Some have criticized the over reliance on US intelligence and questioned its validity in Mexico, yet the trend appears to be deepening.507 This seems to confirm the neo-liberal-institutionalist notion that states will find areas of common ground in which to cooperate. Ultimately however domestic political concerns have driven the policies of both states and thus political survival models best encapsulate the continued cooperation between these states in this issue area. Key to my state reaction argument for illicit network resilience is the notion that territorial PSINs trigger strong reactions from civil society which demands that the state react rapidly. Government officials and politicians hoping to survive politically must act or be removed. Going forward, it appears that more US agents will be placed in Mexico and capacity-building between US and Mexican agencies will be emphasized over equipment.508 506 Cave 2011; Martinez-Amador 2011; Mendoza and Castillo 2011; Thompson 2011b. Martinez-Amador 2011. 508 Barclay 2009; Booth and Miroff 2010a; Danelo; Malkin 2010. 507 176 Chapter 7: Conclusion: A Generalizable Argument on Illicit Network Resilience Over the course of the preceding five chapters, my state reaction argument has been developed and tested. It has shown through the examination of the historical case study of the Arellano Felix Organization, popularly known as the Tijuana Cartel, that the business strategy of the profit-seeking illicit network triggers state reactions of varying intensity, which depending upon the strength of those state reactions affect the resilience of the illicit network. Profitseeking illicit networks with the most territorial and extortion-oriented business strategies, trigger the strongest state reaction and is thus least resilient. Typically, these territorial PSINs are more hierarchical due to the large numbers of enforcers required to “tax” the local population. This analysis thus concludes that, given the preponderance of state power vis-à-vis profit-seeking illicit networks, hierarchical territorial illicit networks are less resilient than flatter transactional illicit networks because of the state reaction they trigger.509 introduction: States and territorial profit-seeking illicit networks (PSINs) are enemies, because they are so much alike. They are both: territorial, hierarchical, resilient, prone to violence and funded by taxation. Territorial PSINs threaten the state’s underlying raison d’être, the ability to govern through the taxation of territory. The “predatory” “alternative governance structure” these territorial profitseeking illicit networks establish through extortion and kidnap activities, directly challenge states by illicitly taxing the local population and exercising violence within state territory. Territorial profit-seeking illicit networks thus become the primary targets for “territorially sovereign states.”510 509 510 2010u. Introduction to dissertation. Ibid.; Povoledo 2006. 177 To quote the The Case Study: The AFO The Tijuana cartel’s recent internecine conflict and dissolution through state arrest of the territorial faction’s leadership and enforcers, illustrates the model’s predictions. The kidnap and extortion wave of the independent El Teo faction in the 2008-2010 epoch, demonstrates a strong state and societal backlash that converged to dissolve the Teo faction.511 The surviving El Ingeniero faction is now a much smaller transactional PSIN. It focuses now on money laundering, drug trafficking and charging cuota to other large illicit networks like the Sinaloa Cartel, which have begun to supplant the AFO in Baja California.512 My state reaction argument demonstrates which business strategies will cause states to attack profitseeking illicit networks and in what priority. This answers important questions about Mexico’s practical behavior in targeting some cartels ahead of others. This has both practical and theoretical implications. Theoretically it suggests that states will react quickly to maintain themselves as the dominant unit of the international system when challenged by “alternative governance structures;” implying that states have long term staying power despite reduced technological advantages resulting from increased globalization. Weak state areas and the resulting conceptualizations cannot be geographically predicted other than in the probabilistic context of looking toward important trafficking corridors. Practically, this dissertation has described some of the unintended consequences of “decapitation strikes” by the state against illicit networks, like increased kidnapping, homicides and “cartel” internecine war. It has also most importantly 511 Marosi 2008b. It is impossible to confirm the exact illicit arrangements between the AFO and the Sinaloa Cartel, but it does appear that the Sinaloa cartel is deferring to the AFO as its power increases in Tijuana. The Sinaloa Cartel may be avoiding conflict in Tijuana due to the ongoing conflict in Ciudad Juaraez with the Carillo-Fuentes Organization. 2011a; 2009b; 2011b; 2011c. 512 178 illustrated why transactional traffickers tend to be more resilient vis-à-vis the state than territorial traffickers.513 Mexican PSINs were split along these lines of transactional and territorial due to the arrest of top-level leadership by state. The AFO was heavily targeted by US law enforcement in the early 1990’s, though the Mexican state response was not triggered until the widespread kidnappings in Tijuana in the mid to late 2000’s. After suffering the arrest or killings of its first generation of leadership it split along territorial and transactional lines in 2008. The state and society reacted viscerally and immediately against the territorial Teo faction in collusion with the transactional El Ingeniero faction. The Teo faction has since dissolved while the El Ingeniero faction has reorganized and formed alliances with the Sinaloa cartel. Prior to US-Mexico decapitations of the PSIN both business strategies coexisted within the same PSIN. The transactional portions of the PSIN controlled the territorial portions in a clear hierarchy. Wealth was redistributed within the network by the transactional and strategic leadership.514 A precondition for the “success” in Tijuana was the willingness to spend more on capacity-building in the police forces. The application of counterinsurgency strategies like “oilspot” strategies, a focus on intelligence, the removal of corrupt police officers, and cooperation from local civil society groups, businessmen, rival (PSIN’s) and the population at large, were all critical elements in reducing violence in Tijuana from their highs in 2008. The state response was galvanized by the response to widespread kidnappings and extortion of the El Teo territorial PSIN.515 513 2010u. Benitez 2009. 515 Thompson 1966. 514 179 Broader Applicability of the Argument in Mexico The pattern of the state inadvertently splintering these PSINs along business strategy lines is apparent throughout Mexico and beyond. After the arrest of Osiel Cardenas Guillen, head of the Gulf Cartel, the cartel splintered between its traffickers and its former armed wing Los Zetas. The Gulf Cartel continued its transactional business strategy with the violent exceptions of its conflicts with the Zetas which took on territorial character.516 The Zetas, with fewer drug trafficking contacts, focused on extortion of legitimate businesses and kidnappings. They attempted to gain drug trafficking contacts through alliances with Mara Salvatruche and appear to have made inroads into Central America. However, Los Zetas continue their largely territorial strategy. Recent reports indicate that immigrants deported to Mexico from the US are requesting deportation to states that are not controlled by the Zetas to avoid being kidnapped for ransom. The Zetas brought with them sophisticated tactics, techniques and procedures from the Mexican Special Forces (GAFES) when they defected. This may make them more resilient in their fight with Mexican authorities than the Teo faction of the AFO and allow them to supplant the state as an “alternative governance structure;” though this is highly improbable. The Mexican government has targeted the Zetas in much the same way it did the Teo faction because of the civil society backlash to the high-levels of violence in areas it controls.517 The Sinaloa cartel’s split with its former enforcers the Beltran-Leyva Organization followed a similar pattern to the AFO split. The exception to the Sinaloa-BLO split is that the Sinaloa Cartel put the Beltran-Leyva brothers in charge of corrupting the government as well as enforcer operations. Despite that largely transactional activity the BLO continued to have a 516 517 Brands 2009a; Grayson 2008a; Rodriguez; SGF 2010; Logan and Sullivan 2010. Burnett and Montagne; Burnett and Penalosa; Burnett, Penalosa, and Bennincasa 2010; 2010v. 180 territorial focus and engage in violent conflict throughout Mexico including Cuernavaca less than one hour’s drive from Mexico City. In all of these cases, arrest and corruption data strongly suggest that the state is targeting territorial PSINs first and being corrupted by transactional PSINs at higher levels of government.518 International Applicability of the Argument The argument that business model triggers a strong state reaction and thereby reduces the resilience of an illicit network can be applied far beyond Mexico. Nor can it be argued that the this phenomena is unique to the North American cocaine market because we see illicit networks in other regions, trafficking different commodities survive or dissolve in similar patterns. The Irish Republican Army’s splinter factions, which did not accept the Good Friday Accords, like the Continuing Irish Republican Army, are examples of insurgent illicit networks that have taken on an increasingly transactional character. They focus their efforts on the profitability of arms and drug trafficking and instrumentally use political violence as a façade for criminality. In the preceding chapters I have explained why these illicit networks have survived; they are less visible to the state and do not trigger a strong reaction through insurgent or extortionist activities.519 Examples of illicit networks, like the Taliban in Afghanistan, which trigger a strong state reaction due to their insurgent character and desire to overthrow the existing state, abound. Their resilience comes in the relative strength of their institutions versus those of the US and Afghan governments; the latter of which is particularly corrupt. “Defeating” the Taliban which aspires 518 Burnett, Penalosa, and Bennincasa 2010; Burnett and Penalosa; Burnett 2009; Burnett and Montagne; Burnett 2010; 2010v. 519 Curtis and Karacan 2002; Sullivan 2008; 2010x. 181 to political power thus has more to do with eliminating the corruption within the Karzai government, providing stability and basic social services to the population.520 Al Qaeda can and must be described as distinct from the Taliban in Afghanistan though they share extensive social connections given their shared history fighting the Soviet Union in the 1980’s. The Al Qaeda that launched the 911 attacks was much more tightly connected and centralized/hierarchical than the Al Qaeda that has functioned since.521 Experts like Thomas Hammes have described Al Qaeda’s new strategy as decentralized and entrepreneurial. It is one in which Al Qaeda leadership relies on autonomous insurgencies functioning with little central direction save the vision established by Osama Bin Laden and Ayman al Zawahiri.522 Al Qaeda as a politically motivated insurgent illicit network will always trigger strong state reactions, greater even than territorial and transactional PSINs. Indeed, in Iraq where Al Qaeda in Iraq’s “morality” conflicted with smuggling operations and brothels in Al Anbar province it contributed to the Sunni Awakening where Sunni paramilitaries contributed by tribal leaders were trained by US Marines to fight Al Qaeda in Iraq. This is an example of how the political insurgent motivations of AQI reduced its resilience by putting it in conflict with transactionally-oriented illicit networks that were deeply embedded among local elites. Also, Al Qaeda has extensive fundraising and we would not be surprised to observe some of those transactional cells utilizing insurgent bonds and trust instrumentally for profit. Indeed, as Al Qaeda engenders greater reactions from states due to its terror activities, we can expect these cells to survive through state collaboration and the betrayal of their more politically/religiously motivated co-conspirators. 520 Felbab-Brown 2009b; Felbab-Brown 2009a; Felbab-Brown 2009c; Felbab-Brown 2010. Kahler 2009. 522 Hammes 2004. 521 182 It is possible for insurgent illicit networks to survive and thrive because of their political motivations, though this is often the exception rather than the rule. One example is the Kosovo Liberation Army (KLA) and the illicit heroin and arms trafficking networks that funded it. The success of these hybridized transactional-insurgent illicit networks is due largely to the military intervention of NATO in the former Yugoslavia, which prevented Serb forces from decimating the KLA and eventually resulted in the fall of Milosevic. Colombian cartels like the Medellín and Cali “cartels” of the 1980’s and 1990’s are interesting tests of my state reaction argument. The Medellín cartel led by Pablo Escobar was largely transactional in its business strategy and tolerated by the Colombian government throughout the 1990’s. That changed when Pablo Escobar moved the Medellín cartel toward “insurgency” on the illicit network typology established in chapter three, by engaging in the kidnappings of politicians and the random assassination of police officers in an effort to change government policy on extradition. After Escobar’s death in 1993 the Cali Cartel was also dismantled; despite the Colombian state’s reticence because it had not directly threatened the state through political violence. This was prompted by the United States, which as a consolidated democracy with a prohibitionist drug regime, has a low tolerance for even transactional PSINs. As Kenney has also argued the “wheel network” models these PSINs utilized made their core nodes particularly choice targets for the states battling them.523 The decentralized cartelito trafficking model described by Garzón in Colombia and improved security conditions following Uribe’s administration could be fairly described as more transactional and more focused specific aspects of drug trafficking. Indeed territorial PSIN activities like kidnapping and extortion are all down in Colombia suggesting that in the face of a 523 Kenney 2007b. 183 strong reaction from the state and strengthened state institutions in social and security terms, has destroyed or weakened territorial PSINs leaving low profile transactional PSINs in their place. Political Economic Structures The tax base of the licit markets of states provides the ability to marshal incredible resources. Some states like Mexico have chosen to be rentier-states; forever dependent upon oil resources and the state oil company PEMEX for 40% of government resources. This has allowed a concentrated upper-class to avoid paying taxes. Mexico raises less than 9% of GDP in taxes. That is the lowest rate in Latin America behind only Haiti.524 Mexico must improve its ability to fund the judicial system to end impunity, the military which suffers from funding less than .5% of GDP and reform and professionalize the thousands of independent police agencies throughout the country.525 Free market norms like privatization, low taxation and “smaller government” are not always consistent with the goals of states. The ability to tax is the lifeblood of the state and provides the resources to hold profit-seeking illicit networks at tolerable levels.526 The goals of states are not to eliminate illicit flows but to reify themselves and state capacity by eliminating “alternate governance structures” as potential threats.527 Security is the goal, not the elimination of the illicit flow. The Colombia case of the last decade best embodies the security priority in the face of illicit networks. Mexico appears to be following the same path; emphasizing security over the elimination of illicit narcotics flows.528 524 Jones 2010c. Camp 2005b. 526 Tolerable levels include reductions in violence and the elimination of territorial PSINS which threaten the state. 527 Andreas 2001. 528 Ford 2008. 525 184 The success of transactional PSINs results in the establishment of a plural-authority between transactional PSINs and the various levels of the state. Through the consolidation of democracy-including reforms like government funding of political campaigns-this relationship can be broken. Also imperative, is an improved judicial system that can solve more than 1.5% of crimes and increase the Mexican public’s willingness to report crime to authorities. Large transactional PSINs can then be dismantled and PSINs will assume decentralized network forms. This decentralization of PSINs was achieved in Colombia when state security institutions were improved over the last decade.529 The battle against territorial PSINs can in many ways reify the state and state borders because it can serve to justify the increased emphasis on law enforcement and “the hardening of borders.” But transactional PSINs pose a long term threat through increased resilience and their ability to corrupt and deflect the reaction of the state. They can even, in democratic states, make the state dependent and beholden to them through the funding of elections and the ability to embed themselves within the society in a parasitic and symbiotic fashion; e.g. Russian organized crime’s role in reinforcing the state. Weaknesses of the Argument As with any typological theory, real world cases do not always perfectly fit the ideal type descriptions. Transactional PSINs like the El Ingeniero faction did engage in some extortion and kidnap activities as evidenced by court documents. Overall however these extortion activities were much more limited and kidnappings tended to target wealthy individuals as opposed to a large number of middle class and small business owners. Also, some transactional PSINs can 529 Bowden 2001; 2010w; 2011i; Oppenheimer; Guerrero Gutierrez 2010; Garzón 2008. 185 engage in highly territorial behaviors as in the case of the Sinaloa Cartel’s behavior in its battle for Ciudad Juarez against the Carillo Fuentes Organization (Juarez Cartel). The Sinaloa cartel is largely a transactional PSIN but in its battle for the strategically important trafficking border city of Juarez it has subcontracted many of its operations to highly territorial street gangs in an attempt to maintain control. How do we categorize a largely transactional PSIN that annexes highly territorial street gangs in key strategic areas? This model has settled for making overall judgments about where larger PSINs lie on the territorial versus transactional portion of the continuum, but the effects of the war in Juarez between territorial street gangs controlled by larger transactional PSINs cannot be ignored. Most critically, the unique nature of the border between Mexico and the United States threatens the generalizabilty of any argument based on Mexican case studies. The criticism is mitigated however because other cases like those in Colombia and Ireland demonstrate that these patterns exist in other illicit networks. 186 The Future of States and Illicit Networks The question of the future of the territorial sovereign state in the international system hangs heavy in the political science discipline and debates on states versus markets and states versus illicit networks. The analysis of the AFO suggests that the challenge PSINs pose to the state is not in their direct violent confrontation with the state--a short term problem--but in the long term capability of transactional PSINs to establish “plural authority” with the state; to graft themselves to the state, eroding democracy and the rule of law and stunting and perverting economic development. Wherever the state can utilize market solutions effectively to address the powerful supply and demand forces that fuel PSINs, they can strengthen themselves by reducing the cost of combating illicit networks. In so far as the state is unwilling to lift prohibition regimes or is unable due to negative externalities, the state will continue to face both territorial and transactional PSINs. The technological advantage states hold over illicit networks has narrowed in the “era of globalization,” but states have proven adept at leveraging their advantages to stay ahead of profit-seeking illicit networks. States dangle lucrative government contracts in front of purveyors of encryption technology to prevent their use on the open market, and may also threaten the wrath of regulatory agencies behind closed doors.530 The future of the state as the dominant unit of the international system is bright if it prudently applies the resources it at its disposal. A list of reforms that strengthen states vis-à-vis PSINs is less important than the ability of the state to fund “capacity-building” through taxation. Without resources, no reforms or increases in state capacity are possible. In so far as norms of “privatization,” “smaller government” and low taxation prevail, the state is weakened in its 530 Friedman 2007, 1:. 187 capacity to marshal these resources. These norms, when taken to extremes, are incompatible with the concept of the state itself.531 Democratic consolidation and its concomitant features including transparency, rule of law and effective judicial institutions, appear to reduce corruption. Thus we can surmise that the elimination of corruption through democratic consolidation is a likely mechanism that many developing states will utilize in their struggles with transactional PSINs following the defeat of territorial PSINs which may resemble armed struggles with insurgencies.532 The victory of states over territorial PSINs is not inevitable. If state institutions are weak, corrupted and suffer from a lack of legitimacy and territorial PSINs are strong, well organized, violent and profitable, they can potentially supplant the state. Most developing states are not in this position. Strong states will be able to manage both these PSIN business strategies through decapitation strategies. Weak states can piggy-back on the “economies of scale” and technological advantages of strong states to combat PSINs. The motivation of states to engage in these battles is the reification of the concept of the state itself and the achievement of security from political threat not the elimination of “illicit flows.” 533 Territorial PSIN’ will be targeted first by “territorially sovereign states” because they most resemble the state and trigger a visceral societal backlash necessitating even stronger responses from democratic states. “States and profit-seeking illicit networks are enemies because they are so much alike.”534 The state is the dominant unit of the international system and appears poised to remain that way. This analysis of PSIN capabilities painted a very different the threat PSINs pose to states. They at once strengthen states and weaken them. In direct confrontation with the state 531 Rawls 1999; Polanyi 2001, 2:. Arias 2006a; Sandholtz and Koetzle 2000; Buscaglia, Ratliff, and Gonzalez-Ruiz 2005. 533 Andreas 2001. 534 Quote from introduction. 532 188 they appear to strengthen states as states gather the resources and galvanize public support to defeat them and in so doing strengthen their institutions. The hierarchies of states provide important advantages in terms of marshalling resources and properly applying those resources against illicit networks. “Territorially sovereign states” like Mexico and the United States have been shown to cooperate to prevent challenging alternate governance structures from entering the system.535 Rethinking Illicit Markets At the heart of the resilience of transactional PSINs are the profits stemming from the consumption of drugs in the developed and increasingly the developing world. Developing states like Mexico are also becoming consumer nations. Because major policy shifts toward legalization, medicalization or decriminalization appear politically unfeasible, states must understand the character of profit-seeking illicit networks to better understand their supply-side counternarcotics strategies against them.536 I have demonstrated in the preceding chapters that there are different illicit network types and states react to them with varying levels of intensity. Territorial PSINs are intolerable to states because they are so much like states and engage in forms of taxation and violence over territory the state is supposed to monopolize. Territorial PSINs will be eliminated first and are thus less resilient than their transactional counterparts. However, transactional illicit networks are the long-term threat. They are able to weaken state responses to them through corruption and in democratic societies the funding of elections leaving the state beholden to them. 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WW Norton & Co Inc. 234 Appendix A Organization Chart - Mexican Drug Trafficking 1980’s (Cooperative and Centralized Under El Padrino) Direccion Federal de Seguridad (DFS) Mexican Law Enforcement Mexican Political Elites Mexican Military Miguel Angel Felix Gallardo “El Padrino” Jesus Labra Aviles “El Chuy” Caro Quintero Amado Carillo Fuentes Arellanos Chapo Guzman Mayo Zambada NarcoJuniors NarcoJuniors El Azul “Guero” Palma Salazar Data From: San Diego Union Tribune reports, Insightcrime.org, Zeta Magazine, DEA Wanted Poster of AFO, Press releases PGJ, Interviews with US and Mexican Law Enforcement, Elaine Shannon’s Desperado’s. Key Arrows indicate a power relationship over the recipient of arrow Plain lines represent some contact of neutral power relationship Broken arrows indicate someone who attempted to kill recipient 235 Appendix B AFO Structure Post 1991 (Simplified) Political Connections Colombian Cocaine Suppliers Strategic Head Chief Enforcer Arellanos Regional Operational Commander Dispatcher Financial Advisors/Investors Money Launder Cells Lieutenants Sergeants Front Businesses Enforcer Squads Retail Drug Sales in TJ 236 Appendix C Organizational Chart AFO 1991-1995 Rodolfo Leon Aragon (PGR) Benjamin Arellano Felix Francisco Arellano Felix (Arrested 1993) El Tigrillo 1 Ramon Arellano Felix (Chief Enforcer) La Eme El Doctor Jesus Chuy Labra Aviles Financial Head 2 “El Tarzan” Manuel Herrera Barraza Trafficker Logan Street Gang “El Caballo” Aguirre (money laundering El Mayel Kitty Paez US Distribution Network David Barron Corona “CH” Los Mochis 3 Lieutenants 4 Sergeants 5 Enforcer Squads 4 Two Middle Eastern Enforcer Trainers Narco-Junior Cells Alfredo Hodoyan Dispatcher 5 Gustavo Miranda Santacruz “El Tortas” Sergeants Leon Brothers Enforcer Squads Enforcer Squads Data From: US Luz Verde Indictment, wanted posters, San Diego Union Tribune reports, Insightcrime.org, Zeta Magazine, DEA Wanted Poster of AFO, Press releases PGJ, Interviews with US and Mexican Law Enforcement. Key Arrows indicate a power relationship over the recipient of arrow Plain lines represent some contact of neutral power relationship Broken arrows indicate someone who attempted to kill recipient 237 Alex Hodoyan El Tiburon (Enforcer) Narco-Junior Fabian Gonzalez Martinez Appendix D Organizational Chart AFO 1995-1997 Benjamin Arellano-Felix Enedina Ramon Arellano Felix Jesus Chuy Labra Aviles El Tigrillo Ismael Higuerra Guerrero (El Mayel) (Tijuana) Alicia Colombian Cocaine Connections/FARC El Doctor El Caballo (Manuel Aguirre Galindo Money laundering Gilberto Higuera Guerrero (Mexicali) Lieutenants David Barron Corona “CH” Killed 1997 Oscar Gomez Angarita Kitty Paez (Arrested 1997) Sergeants Enforcers Lieutenants Dispatcher Sergeants Lieutenants Narco Juniors/Enforcers Sergeants US Distribution Network Enforcers Enforcers El Eme Maritime Shipments from Colombia Data From: US Luz Verde Indictment, wanted posters, San Diego Union Tribune reports, Insightcrime.org, Zeta Magazine, DEA Wanted Poster of AFO, Press releases PGJ, Interviews with US and Mexican Law Enforcement. Key Arrows indicate a power relationship over the recipient of arrow Plain lines represent some contact of neutral power relationship Broken arrows indicate someone who attempted to kill recipient 238 Appendix E FARC (19992000) Cocaine Organizational Chart AFO 1997-2002 Ramon Arellano Felix (Killed 2002) Benjamin Arellano Felix (Arrested 2002) El Doctor Enedina Arellano Felix Money Laundering Edgardo Leyva Escandalon Jesus Chuy Labra Aviles Arrested 2000 Gilberto Higuera Guererro Security trafficking Mexicali Arrested 2004 Efrain Perez Pasuengo Counter-intelligence Arrested 2004 Ismael Higuerra Guererro (El Mayel ) Arrested 2000 Oscar Gomez Angarita Fernando Sanchez Arellano (Dispatcher) Jorge “El Cholo” Enforcers Counter-intelligence Cells Rigoberto Yanez Guerrero (Arrested 2002) Trafficking cells El Teo El Pozolero Body Disposal Jorge Aureliano Felix Security Operations “Acquired weapons and armored cars” Gustavo Rivera Martinez Armando Duarte Martinez (Trafficker) Arrested 2002 El Cris El Caballo Manuel Aguirre Galindo El Tigrillo (Daily Operationsal Control 2000 Security Cells Enforcers Enforcer Cells Kidnap cells Data From: US Luz Verde Indictment, wanted posters, San Diego Union Tribune reports, Insightcrime.org, Zeta Magazine, DEA Wanted Poster of AFO, Press releases PGJ, Interviews with Law Enforcement in the US and Mexico. Key Arrows indicate a power relationship over the recipient of arrow Plain lines represent some contact of neutral power relationship Broken arrows indicate someone who attempted to kill recipient 239 Enforcer cells Appendix F Organizational Chart AFO 2002-2006 Enedina El Tigrillo Arrested 2006 Norma Ruth BAF’s Wife Gilberto Higuera Guerrero Allies Sinaloa (2004) Arrested 2004 Alicia El Caballo Manuel Arturo Villarreal-Heredia Arrested 2006 Fernando Sanchez Arellano (Dispatcher) El Cris Arrested (2004) Jorge Aureliano Felix Arrested 2004 “El Pozolero” Santiago Meza López Body Disposal Sergeant Enforcer Cells Sergeant Counter-intelligence Cells El 24 Escandon Security Specialist El Teo Efrain Perez Pasuengo Counter-intelligence Arrested 2004 Sergeants Sergeants Couriers Kidnap Cells Enforcer cells Trafficking cells Mayo Zambada/Chapo Guzman (Sinaloa) Enforcer cells Trafficking cells Enforcer Cells Enforcers and traffickers in Mexicali Ismael Higuera Guererro Almoyoya /Altiplano Benjamin Arellano Felix Almoyoya /Altiplano Data From: US Luz Verde Indictment, wanted posters, San Diego Union Tribune reports, Insightcrime.org, Zeta Magazine, DEA Wanted Poster of AFO, Press releases PGJ, Key Arrows indicate a power relationship over the recipient of arrow Plain lines represent some contact of neutral power relationship Broken arrows indicate someone who attempted to kill recipient 240 Enforcer Cells Appendix G Organization Chart AFO 2006-2008 Alicia (money Enedina (money El Gus – Chief of Money Laundering (Finances) (Arrested) El Jimmy El Doctor Fernando Sanchez Arellano Aguirre Galindo El Caballo Armando Villareal-Heredia (El Gordo) Juan Francisco Sillas Rocha “El Rueda El Guero El 24 Escandon El Teo El Cholo- Jorge Briseno El Efra --Efrain Perez Pasuenga El Muletas El Pollo Ricardo Estrada Perez El Cabezon El Chiricua El Mickey Juan Querendon Paúl Rodríguez Palacio “El Mateo” José Rafael Méndez Gutiérrez “El Güero Jícama” Fernando Avila Valenzuela El Piwi El Apache Kidnap cell Kidnap cell El Licenciado Kidnap Cell Corrupt TJ Police Trafficking Cells Kidnap Cell Data From: US Luz Verde Indictment, wanted posters, San Diego Union Tribune reports, Insightcrime.org, Zeta Magazine, DEA Wanted Poster of AFO, Press releases PGJ, Key Arrows indicate a power relationship over the recipient of arrow Plain lines represent some contact of neutral power relationship Broken arrows indicate someone who attempted to kill recipient 241 Appendix H Organization Chart Teo Faction 2008-January 2010 El Ingeniero - Fernando Sanchez Arellano Internecine conflict Mayo Zambada (Sinaloa Cartel) El Teo Teodoro Garcia Simental (arrested Jan 2010) “El Perra”Jose Filiberto Parra Ramos (arrested 2009) Extortion Cell “El Chiquilin” Jose Manuel Garcia La Familia Michoacana “Las Muletas” Reydel Lopez Uriarte Trafficking Cell Paúl Salomón Sauceda “El Paúl” Enforcer Cells Diego Raymundo Guerrero Gómez Arested with Teo’s brother El Guicho Héctor Eduardo Guajardo José Antonio Rangel Casas Arested with Teo 2010 Jesús Israel de la Cruz López “El Tomate” Arrested 2011 Trafficking Cell El Kaibil Jacome Gamboa Arrested 2009 Kidnap Cell Enforcer Cells Kidnap Cell Enforcer Cells Kidnap Cell “El Bebé”, “El Max”, “El Pepo”, “El Cochi”, “El Charly”, “El Chaparrito”, “El Bombón” y “El Sairus” Narco Menudeo Cells 4,000 Estimated Tijuana Narcotienditas Data From: US Luz Verde Indictment, wanted posters, San Diego Union Tribune reports, Insightcrime.org, Zeta Magazine, DEA Wanted Poster of AFO, Press releases PGJ, Key Arrows indicate a power relationship over the recipient of arrow Plain lines represent some contact of neutral power relationship Broken arrows indicate someone who attempted to kill recipient 242 Appendix I 243 Appendix J 538 538 (2003). "REWARDS OFFERED FOR MEMBERS OF ARELLANO-FELIX ORGANIZATION: Information sought on dangerous Mexican trafficking ring." Retrieved January 31, 2010, from http://www.justice.gov/dea/fugitives/sandiego/arellano-felix_hotline.htm. 244 Appendix K 245 Appendix L University of California, Irvine Study Information Sheet Splintering and Survival: The Arellano-Felix Organization Lead Researcher Nathan Jones Department: Political Science Telephone number and e-mail address: [email protected] (949) 378-4667 Faculty Sponsor, Associate Dean Caesar Sereseres Department: Political Science Telephone number and e-mail address: [email protected] (949) 824-6334, 1426 246 • You are being asked to participate in a research study about what makes Mexican drug trafficking organizations resilient. The project specifically looks at the organizational structures of the ArellanoFelix Organization and other cartels to determine what makes them able to survive the current US and Mexican government pressures. This project may help to develop strategies and policy recommendations to help the government of Mexico combat drug trafficking organizations. • You are eligible to participate in this study if you are over the age of 18 and are a Mexican or US citizen or business owner living in an area impacted by the Mexican drug trafficking organizations under study or you are an expert academic, journalist or government official in the US or Mexico specializing in . • The research procedures involve one in-depth audio-taped interview lasting approximately one hour at a location convenient for you. If you choose not to be audio recorded you will not be. • Possible discomfort(s) associated with the study are: invasion of privacy and or psychological distress. • There are no direct benefits from participation in the study. However, this study may explain the resilience of Mexican drug trafficking organizations and offer insights into how they might be better dismantled. • Participation in this study is voluntary. There is no cost to you for participating. You may refuse to participate or discontinue your involvement at any time without penalty. You may choose to skip a question or a study procedure. 247 You will not be paid for your participation in this research. • All research data collected will be stored securely and confidentially. Audio recordings will be transcribed and deleted within 2 weeks of interviews. Your name will not be kept with any transcripts, only a title like “journalist” or “academic” or “law enforcement official” would be kept with transcripts with your permission. Transcripts will be destroyed upon the completion of the project. • The research team, authorized UCI personnel, may have access to your study records to protect your safety and welfare. Any information derived from this research project that personally identifies you will not be voluntarily released or disclosed by these entities without your separate consent, except as specifically required by law. • If you have any comments, concerns, or questions regarding the conduct of this research please contact the researchers listed at the top of this form. • If you are unable to reach the researchers listed at the top of the form and have general questions, or you have concerns or complaints about the research, or questions about your rights as a research subject, please contact UCI’s Office of Research Administration by phone, (949) 824-6662, by e-mail at [email protected] or at University Tower - 4199 Campus Drive, Suite 300, Irvine, CA 92697-7600. 248 249 Appendix M University of California, Irvine Interview Questionnaire Structure and Resilience in Mexican Drug Trafficking Organizations: The Case of the Arellano-Felix Organization Lead Researcher Nathan Jones PhD Candidate Department of Political Science Phone: (949) 378-4667 [email protected] Faculty Sponsor Caesar Sereseres, PhD Associate Dean of the Social Sciences/Professor Department of Political Science Phone: (949) 824-1426 [email protected] 250 Questionnaire: Questions for Experts including: journalists, scholars, government officials and law enforcement in the US and Mexico. 1) Identify critical events in the history of the Arellano-Felix Organization (AFO) like inception, arrests or killings of leadership, internal conflict, etc. 2) How did the AFO structure change after each of these events? Did the AFO become more flat, hierarchical or stay the same? 3) How many layers of management did the AFO have before and after each event? 4) After disruptive events, did the AFO maintain the same level of strength, did it fragment, was it forced to restructure or did it dissolve? 5) What procedures changed for the AFO after the arrest or killings of key leaders? Did members change the way they contacted each other? What technologies did they use and how has that changed over time? 6) What has been the impact of alliances of factions of the AFO with other drug trafficking organizations? 7) What major conflicts has the AFO had with other drug trafficking organizations? 8) What is the relationship of the Arellano-Felix Organization with street gangs and prison gangs in the United States and abroad? 9) What is the relationship of the Arellano-Felix Organization with the production of illicit narcotics especially cocaine in Colombia? 10) How is the AFO similar or different from other DTO’s in Mexico? 11) What has been the AFO’s relationship with the Mexican government at the local, state and federal levels? 251 12) How does the AFO compartmentalize operations? Are there lieutenants who serve as protective nodes for the organization’s leadership? 13) What AFO actions triggered aggressive government responses from Mexico and the United States? When did the AFO avoid government detection or strong government responses? 14) How has the AFO threatened or weakened the Mexican state? 15) What is the business strategy of the AFO? 16) How would you characterize the Mexican government’s strategy to combat the cartels? 17) How would you improve that strategy? 252 Questions For Mexican Citizens – To be encountered via research contacts like professors in Mexico and journalists. Interviews could be conducted in public places like cafes or in people’s homes. 1) Have you ever paid “piso” or tax/extortion payments to a drug cartel operating in this territory? 2) Did you know to which cartel you were paying? 3) Without names, did you have a handler who received or demanded payments for the organization? 4) How did payment work? How often? How much? If you closed your business what was the cost of final payment? 5) Do you know anyone who has been kidnapped by the cartels? What were the cartel’s demands? How much was demanded? Did they know the victims approximate networth? Does the victim know how or why they were targeted? 6) What is your opinion of the Gulf Cartel vs Los Zetas? 7) What is your opinion of Sanchez Arellano faction of the AFO vs. the El Teo Faction? 8) How has life changed in this city since President Calderon began his war on drugs using the military in 2006? Has life gotten better or worse in terms of job and income? What is your opinion of President Calderon? 9) What is your opinion of the various cartels? 10) Which cartel or cartels hold sway in this city? Specifically which neighborhoods are controlled by each? 253 11) Has your business had any interactions with Mexican drug trafficking organizations? What was the nature of this contact? 254 Appendix N Interview Subject Chart Interview Length Interview Subjects Number of Interviews (hours) Official 1 1 High Ranking US Official 1 2 Mid Level US Government Official 1 2 Tijuana Business Leader 1 2 US reporter covering Tijuana – 2 4 1 2 High ranking Tijuana law enforcement US Reporter Covering Mexico in the US Multiple Interviews over Tijuana Businessman – 9 months 7 1 2 Multiple interviews 6 1 1 arranged by US law Enforcement 1 1.5 Conference Attendance in Mexico City 1 6 1 2 Multiple interviews (3 6 US Law Enforcement in Tijuana US Law Enforcement Specializing in AFO in US – Tijuana Human Rights Leader – Confidential Informant interview Mexican Scholar specializing in Mexican Trafficking groups– Mexican Scholar Specializing in 255 Security Issues – months ) Mexican Scholar Specializing in Public policy – 1 3 extortion payments – 1 2 Former Mexican Prosecutor— 2 3 Current Mexican Prosecutor – 1 1 1 8 1 2 Multiple 0.5 Mexico 1 2 Former Mexican Law Enforcement 1 1 Interview Mexican Police Officer 1 0.5 Interview Mexican Businessman 1 2 Interview Former Mexican Politician 1 2 1 1 1 1 Mexican Citizen and victim of required US Law Enforcement Conference Attendance Interview Washington DC focused on US policy toward Mexico – Multiple Interviews with Mexican Citizens on their experiences related to Narco-violence. American Scholar Specializing in Interview Current Mexican Government Official 3 Interview Former Mexican Government official 1 256 Interview Former Mexican government official 2 1 1 covering Organized Crime 1 2 Interview Current Mexican Reporter. 1 1 1 3 32 or More 80.5 Interview current Mexican Reporter US Officials in Washington DC sit down interview with 3 officials – Totals 257 Appendix O List of Acronyms and Glossary of Important Terms COLEF – Colegio De La Frontera Norte. A prestigious Mexican Federal Government Research University System. POE -- point of entry New Federation -- An alliance of Mexican cartels comprised of the Sinaloa Cartel and Gulf Cartel unified in their fight against Los Zetas. Los Zetas – Former armed wing of the Gulf Cartel now functioning as its own DTO. MDTO—Mexican Drug Trafficking Organization DTO—Drug Trafficking Organization UNDP—United Nations Development Program ONDCP—Office of National Drug Control Policy CPOT- Consolidated Priority Organization Target DEA – Drug Enforcement Agency FBI -- Federal Bureau of Investigation Decapitation strikes – Intentionally targeting the heads or upper echelons of drug trafficking organizations or profit-seeking illicit networks in an attempt to disrupt them. Sometimes referred to as “kingpin” strategies. Piso – Literally means floor. In Mexico refers to price paid to operate a licit or illicit business in cartel controlled territory. Also called cuota. Cuota—See piso. Plaza – Territory controlled by drug traffickers. NDIC -- National Drug Intelligence Center or National Defense Intelligence College. 258 AFO – Arellano-Felix Organization CAF – Cartel Arellano Felix (Spanish) FSO – Fernando Sanchez Organization. See AFO. Tijuana Cartel – See AFO La Eme – Also known as Mexican Mafia. A prison gang that is predominant in southern California with links to Mexican DTO’s. Mexican Mafia -- See La Eme Nuestra Familia—Prison Gang originally comprised of Hispanics from northern California who wanted to protect themselves from La Eme. Logan Street – Street Gang in San Diego which the AFO recruited from heavily in the 1990’s. 259 Appendix P Timeline of Major events in AFO History AFO Event Timeline Date Source Death of DEA Agent Enrique "Kiki" Camarena 1985 Shannon, E. (1988). Desperados : Latin drug lords, U.S. lawmen, and the war America can't win. New York, Viking. Arrest of Miguel Angel Felix-Gallardo 1989 Shannon, E. (1988). Desperados : Latin drug lords, U.S. lawmen, and the war America can't win. New York, Viking. Transfer of Miguel Angel Felix-Gallardo to La Palma 1991 Maximum Security Prison Shannon, E. (1988). Desperados : Latin drug lords, U.S. lawmen, and the war America can't win. New York, Viking. Division of Territories amongst major traffickers in 1991 Mexico Blancornelas, J. (2002). El cártel : los Arellano Félix, la mafia más poderosa en la historia de América Latina. México, D.F., Plaza y Janés. Christine's Discoteque AFO battle with Chapo's Nov-92 Dillon, S. (1997). Mexican Traffickers assassins -- Barron saves the Arellano's lives and Recruiting Killers in the U.S. New earns their trust York Times. Tijuana. David Barron Corona recruits La Eme and his Logan 1992-1997 street Gang Members Dillon, S. (1997). Mexican Traffickers Recruiting Killers in the U.S. New York Times. Tijuana. 260 Archbishop and Cardinal Posadas-Ocampo is 1993 assassinated by AFO in a case of mistaken identity Caldwell, R. (2007). Cartel Secrets. San Diego Union Tribune. San Diego. http://ww.uniontrib.com/uniontrib/200 70701/news_lz1e1cartel.html Rule by Proxy -- Ismael Higuerra Guerrero -- Ramon 1993-1995 Steven Duncan, November 11 2009. 1997 Sam Dillon, "Mexican Traffickers and Benjamin leave Mexico to lay low in the United States David Barron Corona is killed by friendly fire in an assassination attempt on Zeta Reporter Jesus Recruiting Killers in the U.S.," New Blancornelas York Times, December 2 1997. http://www.nytimes.com/1997/12/04/ world/mexican-traffickers-recruitingkillers-in-theus.html?pagewanted=2&pagewanted= print Mexican Supreme Court Rules in favor of allowing 2001 solely Mexican citizens to be extradited to the US (2008). DRUG ENFORCEMENT ADMINISTRATION LECTURE SERIES: HARROD, SCHARF AND ZIEGLAR. D. o. Justice. Washington, D.C., DEA. http://www.deamuseum.org/transcripts /Harrod_Scharf.pdf Extradition of Kitty Paez to the United States 2001 Caldwell, R. (2007). Cartel Secrets. San Diego Union Tribune. San Diego. http://ww.uniontrib.com/uniontrib/200 70701/news_lz1e1cartel.html 261 Arrest Of Jesus Chuy Labra Aviles 12-Mar-00 (2000). "Members of Arellano-Felix Organization." Drug Wars Retrieved January 30, 2010, from http://www.pbs.org/wgbh/pages/frontli ne/shows/drugs/business/afo/afomemb ers.html. Arrest of Ismael Higuerra-Guererro "El Mayel" 4-May-00 (2000). "Members of Arellano-Felix Organization." Drug Wars Retrieved January 30, 2010, from http://www.pbs.org/wgbh/pages/frontli ne/shows/drugs/business/afo/afomemb ers.html. Arrest of Benajamin Félix-Arellano in the state of Mar-02 (2002). "DEA CONFIRMS Pueblo Mexico - Oldest brother and head of he CAPTURE OF BENJAMIN organization ARELLANO-FELIX." Retrieved January 30, 2010, from http://www.justice.gov/dea/pubs/press rel/pr030902.html. Death of Ramon Arellano-Felix - Chief enforcer of Feb-02 (2002). "DEA CONFIRMS the organization. With his death AFO members in CAPTURE OF BENJAMIN custody like Kitty Páez become willing to testify. ARELLANO-FELIX." Retrieved January 30, 2010, from http://www.justice.gov/dea/pubs/press rel/pr030902.html. Kitty Paez starts cooperating with US law 2002 enforcement in the case against top AFO leadership Caldwell, R. (2007). Cartel Secrets. San Diego Union Tribune. San Diego. http://ww.uniontrib.com/uniontrib/200 262 70701/news_lz1e1cartel.html Francisco Javier Arellano-Felix takes control of the 2002 http://www.nytimes.com/1997/12/04/ world/mexican-traffickers-recruiting- AFO killers-in-theus.html?pagewanted=2&pagewanted= print Arrest of AFO assassin "EL Cris" (Brother of El Teo) 25-Jun-04 Sullivan, K. (2004). Tijuana Gang Figure Held After Slaying of Journalist Washington Post. Washington D.C. http://www.washingtonpost.com/ac2/ wp-dyn/A69892004Jun25?language=printer 67 Specially trained Mexican federal agents arrest 7-Jun-04 (2004). Major Cartel Lieutenants Jorge Aureliano-Felix and Efrain Perez two major Arrested in Mexico. D. o. J. D. E. AFO Lieutenants Administration. Washington, D.C., DEA Press Release. http://www.justice.gov/dea/pubs/histor y/2003-2008.pdf http://www.justice.gov/dea/major/unit ed_eagles/index.html DEA/Coast Guard Operation Arrests Francisco Javier 14-Aug-06 (2008). DEA History 2003-2008. D. o. Arellano Felix "El Tigrillo" off the Coast of Baja in Justice. Washington, D.C. , DEA: 44. international waters http://www.justice.gov/dea/pubs/histor y/2003-2008.pdf 263 Fernando Sanchez Arellano with the support of his 14-Aug-06 (2008). DEA History 2003-2008. D. o. uncle Eduardo Arellano-Felix "El Doctor" takes Justice. Washington, D.C. , DEA: 44. control of the organization. http://www.justice.gov/dea/pubs/histor y/2003-2008.pdf Fernando Sanchez Arellano takes maintains control of 2008 the network after El Doctor’s arrest. El Teo Splits with Fernando and fragments the Apr-08 Organization into internecine conflict. Richard Marosi, "Mystery Man Blamed for Gruesome Tijuana Deaths," La Times, December 18, 2008 2008. http://www.latimes.com/la-fgtijuanadruglord182008dec18,0,5864824.story El Teo establishes a brief Alliance with Chapo 2008 Guzman/"Mayo" Zambada of the Sinaloa cartel Mexican Drug Cartels: Government Progress and Increasing Violence, STRATFOR2008). http://web.stratfor.com/images/MEXI CAN%20Cartels%202008.pdf "Jesus “Chuy” Labra-Aviles, Efrain Perez, Jorge Oct-09 (2009). "Leaders of Arellano-Felix Aureliano Felix, and Armando Martinez-Duarte pled Criminal Organization Plead Guilty." guilty in United States District Court to charges Retrieved November 30, 2009, 2009, arising from their leadership of the Arellano-Felix from drug trafficking organization (AFO)" http://sandiego.fbi.gov/dojpressrel/pre ssrel09/sd102109a.htm. 264 El Teo is arrested with a drug shipment in La Paz Baja Jan-10 California Sur Lacey, M. (2010). Mexico Holds Drug Suspect Accused of Grisly Tactics. New York Times. New York, New York Times. http://www.nytimes.com/2010/01/13/ world/americas/13mexico.html?scp=1 &sq=el%20teo&st=cse Raydal Rosario Lopez-Uriarte - El Muletas of the El Feb-10 Teo faction is arrested Marosi, R. (2010). "Reputed drug cartel leader "Muletas" and another suspected gangster are arrested in Baja California." Retrieved April 14, 2010, from http://latimesblogs.latimes.com/laplaz a/2010/02/mexico-cartel-leadersarrested-baja-california-la-pazmuletas-raydel-lopez-uriarte-manuelsimentel.html. Operation Luz Verde Indicts 43 FSO Members July 2010 Luz Verde Indictment US. V. Armando Villareal Heredia et including a government liaison officer al. 2010 265 Appendix Q Large MDTO’s by Business strategy And Author’s Present Perceived Strength Based on Media and Expert Accounts February 2011 Transactional Territorial Sinaloa Cartel (Strong) Los Zetas (Inception as independent 2008) Strong Gulf Cartel (post 2008) Medium Strength La Familia Michoacana (Present weak) Sanchez-Arellano Faction AFO (post 2008) Juarez Cartel (present weak) Weakened but resilient treaty with Sinaloa Beltran-Leyva Organization (2008-Present) El Teo Faction AFO 2008-2010 (Dissolved) Weakened Guadalajara Cartel (1980’s) Fragmented into La Barbie faction (BLO) Dissolved. contemporary Mexican Cartels 266 Appendix R Cartel Arrest Data From December 2006-May 2010 -- Analysis by NPR - Robert Benincasa and Stephanie d'Otreppe Juarez Cartel, 5% Beltran-Leyva, 13% Gulf-Zeta, 44% Sinaloa Cartel, 12% Tijuana Cartel, 12% La Familia, 15% 267 Appendix S Reported Cartel Bribes of Mexican Officials Data From NPR analysis of 400 corruption reports 250 200 Municipal 150 State Federal Military 100 50 0 268 Appendix T The Extended State Reaction Model of Profit-Seeking Illicit Network Resilience 539 539 All aspects of this model will be explained in detail. Box A refers to how many layers of management within the node or organization. Mexican profit-seeking illicit networks typically have 5 layers of management or more and are typically more hierarchical than their Colombian counterparts due to their need to police plazas (territory). 269 These layers of management estimates were gleaned from interviews with Mexican profit-seeking illicit networks experts, law enforcement, scholars and government officials. Box B refers to small trafficking nodes typical in nascent trafficking areas with minimal border enforcement. They are small and flat at 1-2 layers of management. Typically they specialize in some aspect of trafficking, protection, processing, extortion, money laundering, and front-businesses. 3-4 layers of management can be core nodes in trafficking networks like the Medellín and Cali Cartels of Colombia. Box C refers to the two ideal types of trafficking nodes/organizations that typically exist within profitseeking illicit networks of five or more layers of management. The first is a “transactional” or trafficking oriented model that focuses the organization on the trafficking of drugs instead of the very wide diversification of criminal activities (BOX E) like kidnapping and extortion which draws negative state attention and demands from society especially democratic ones, to attack cartels. Territorial traffickers will focus exclusively on taxing the territory. This will include not just taxing drug smugglers moving through the territory but also moving into criminal activities like extortion and kidnapping. These territorial traffickers have a high visibility (BOX E) to the state because they increase the societal backlash by kidnapping professionals and the petit bourgeoisie. Box F represents factors which contribute to or detract from the strength of the state reaction. States typically have varying degrees of responses to profit-seeking illicit networks. Factors in box G are noted with a “+” if the factor contributes to a strong state reaction against the illicit network, a “-“ if it contributes to a weak reaction and a “+/-“ if it can contribute to both a strong or weak reaction. As the level of democratic consolidation increases in the host-state the reaction to the illicit network will be more aggressive, because consolidated democracies have well-developed legal and security institutions, and leaders will not be able to survive politically if they negotiate with traffickers. Also important to strength of the state response to territorial illicit networks is the support of neighboring states, the societal response to the illicit network which is more negative for territorial illicit networks, the character of the international system (free market or statist oriented) and the demand and profitability for the commodity or commodities trafficked. Free market systems tend to benefit the profits and ability to corrupt of illicit networks thus tending to weaken the state response to them. The strength of the state reaction will over time determine the level of resilience for the network in an iterative fashion. By iterative, I mean that when an illicit network survives, restructures or fragments, the process begins anew. The resultant factions face the state again testing their new structures against the state and its coercive apparatus. Organized crime may be impossible to completely eliminate anytime there are prohibitions on commodities with high demands. Organized crime may be a condition that is managed not cured.539 However, with stronger state reactions and democratic consolidation, it can be held to lower levels. A thorough description of the levels of resilience depicted in BOX G is described in detail in chapter three under “the resilience typology.” To summarize, hierarchy leads to territorial business strategies which leads to a stronger state reaction to the illicit network, which reduces resilience. 270