Every two seconds, across the world, an area of forest the size of a football field is clear-cut by illegal loggers.1 In some countries, up to 90 percent of all the logging taking place is illegal.2 Estimates suggest that this criminal activity generates approximatel US$10–15 billion annually worldwide—funds that are unregulated, untaxed, and often remain in the hands of organized criminal gangs. Thus far, domestic and international efforts to curb forest crimes have focused on preventative actions, but they have hadlittle or no significant impact. While prevention is an essential part of enforcement efforts to tackle illegal logging, it has not halted the rapid disappearance of the world’s old-growth trees. New ideas and strategies are needed to preserve what is left of forests.
This paper suggests that current practice be combined with a more targeted, punitive approach, through more effective use of the criminal justice system. It argues that the criminal justice system should form an integral part of any balanced and organized nstrategy for fighting forest crime. This strategy should include initiatives to enhance the efficiency of criminal justice in combating illegal logging—that is, the investigation, prosecution, and conviction of cases, as well as the confiscation of the proceeds of criminal activity. These initiatives should be deployed in parallel with preventive programs, and the two approaches should complement and reinforce each other.
The criminal justice system has been used in the fight against illegal logging, but only in very sporadic instances and in limited and ineffective ways. Moreover, in those few cases, it has tended to target low-level criminals whose involvement in illegal logging is due to poverty. As such, it has created no real deterrent and has encouraged skeptics to further discount the relevance of criminal justice methods. Large-scale illegal operations are carried out by sophisticated criminal networks, and law enforcement actions need to be focused on the “masterminds” behind these networks—and the high level corrupt officials who enable and protect them. Pursuing these important targets through the criminal justice system will require creativity and a clear focus on those criminal justice rules and procedures that prove most effective…..
Because the role of the criminal system in fighting illegal logging has thus far been minimal, there are few documented successes, and little data to explain why the criminal justice system has not been more widely used in this context. To find new ideas as to how the criminal justice system can be used against illegal loggers, this paper therefore draws on experience gained from dealing with other types of crime (money laundering, corruption, and so forth).
The policy and operational recommendations made in this paper are based on legal and operational frameworks that are already in place in almost every country in the world. By making good use of these existing frameworks, we can take an important step towards ensuring the preservation and the sustainable management of the world’s forests.
■ Develop an integrated criminal justice strategy for illegal logging that adopts and implements clear and comprehensive policies. To be effective, the strategy must target high-level corruption and the companies that pay bribes. It must aim for successful investigations, prosecutions, and the confiscation of the proceeds of crime. The strategy should include clear objectives and an assessment process for tracking progress….
■ Improve domestic cooperation. Domestic cooperation between agencies involved at different stages of the fight against illegal logging should be strengthened….
■ Enlist the private sector. When looking into the financial dimension of forest crimes, financial institutions and other entities obligated to report suspicious transactions to financial intelligence units need to be fully mobilized. This can be done through implementing due diligence measures and by monitoring transactions made by politically exposed persons (PEPs) and actors in the forestry sector… Enhanced due diligence applies to PEPs in recognition that by virtue of their position, there is an increased risk of money laundering.
■ Engage civil society actors. . .
■ Include criminal justice as part of development assistance programs to combat illegal logging. …The implementation of anti-money laundering measures, as well as other steps suggested in this paper, should be included as part of country assistance strategies.
■ Follow the money. Illegal loggers can be convicted of money laundering related to many different predicate crimes. This can result in additional jail time and/or fines above those imposed for the underlying forest crime. Furthermore, asset confiscation deprives criminals of the fruits of their crimes and makes it more costly for them to continue their operation.
■ Enforce anti-money laundering and due diligence requirements. Regulators should strictly enforce know your customer and due diligence requirements— particularly those for enhanced due diligence in the case of transactions of PEPs and suspicious transactions within the forestry sector. Regulators should also enforce compliance with the Financial Action Task Force (FATF)
Excerpts from Executive Summary, “Justice for Forests Improving Criminal Justice Efforts to Combat Illegal Logging” by Marilyne Pereira Goncalves et al., (Wolrd Bank, 2012)