Breaking the vicious cycle: Confiscation, Whistleblowing, and Technological Innovations in the battle against criminal networks

Abstract

It lurks in plain sight, spreading through every Member State, with enormous disruptive consequences not only for the economy but also for society. What is this? High-risk criminal networks specializing in various forms of organized crime. The landscape of organized crime is characterized by a networked environment where collabaration among criminals is seamless, systematic, and driven by a profit-oriented focus. The most effective approach to severely weaken these networks is by targeting their illicit gains. The most significant, and perhaps the only effective way to disrupt the criminal chain is through the confiscation of their profits. Additionally, whistleblowing and recent developments of similar practices are explored as effective method for dismantling criminal networks. The article advances the central claim that confiscation, whistleblowing, and technology are mutually reinforcing levers for disrupting high-risk criminal networks. Confiscation targets the economic lifeblood of organised crime; whistleblowing improves detection and evidentiary leads; and technology (e.g., blockchain analytics, interoperable EU systems) scales both detection and recovery. The development of new technological tools offers more opportunities than ever to detect illegal profits and, consequently, seize them. The emerging technologies, such as artificial intelligence, blockchain, or big data analytics can play an important role in combating organized crime and enhancing law enforcement efforts. This paper explores confiscation as a strategy to combat organized crime and dismantle criminal networks, utilizing new technologies to efficiency and effectively extract criminal profits. Furthermore, it delves into the efficiency of whistleblowing for disbanding and punishing criminal networks and ensuring justice. This paper examines these aspects not only by scrutinizing recent legal developments but also through case law analysis and examples of best practices from Member States. The analysis is structured accordingly: The second section defines the phenomenon; the third section examines confiscation and the fourth section analyses whistleblowing, while the fifth section discusses technology-enabled crime and enforcement responses; the last section concludes with policy priorities and future research.