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The USA PATRIOT Act of 2001, formally known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 from the 107th Congress, HR 3162, was established to deter and punish terrorist acts in the U.S. and around the world, and to enhance law enforcement investigatory tools. The USA PATRIOT Act of 2001 was unprecedented. National and world events surrounding September 11, 2001, were the driving force behind the evolution and passage of what has become known simply as the Patriot Act. These events were the stimuli for the possibly record-breaking pace in which this act was passed and subsequently signed by President George W. Bush on October 26, 2001. This was just one month after being initiated and being passed in the Senate by a 98-to-l vote. This massive sweeping legislation positively impacted law enforcement agencies and their roles in combating terrorism, and it covered a broad range of topics.Some of the topics covered by the USA PATRIOT Act include the following:
- Enhancing domestic security against terrorism
- Enhancing surveillance procedures
- International Money Laundering Abatement and Antiterrorist Financing Act of 2001
- Protecting the border
- Removing obstacles to investigating terrorism
- Providing for victims of terrorism, public safety officers, and their families
- Increasing information sharing for critical infrastructure protection
- Strengthening criminal laws against terrorism
- Improving intelligence
- Protecting critical infrastructures
Interestingly, although the content of the act appears all-encompassing, domestic terrorism is not defined until about three-quarters of the way through the document. While this is not necessarily viewed as a negative trait, it is important that all law enforcement personnel remain cognizant of the numerous domestic-based organizations as well as the foreign-based international ones that have bases, outreaches, and supporters within the U.S. The act was a product born out of international terrorist actions. However, it is also worth noting that this act is not meant just for investigating and analyzing exotic foreign terrorist-based groups. It applies to all groups, domestic and international, and all forms of terrorism.
Passage of this act greatly improved the tools available for law enforcement. Beyond the immediate benefit of the act, which is enhanced surveillance procedures, law enforcement at all levels will reap the greatest investigative rewards from the money-laundering and financial tracking capabilities as well as the increased information sharing among agencies. The act is geared toward the one thing that no terrorist organization can do without, finances.
Tracking, monitoring, and cutting off of finances are tremendously important tools in the war on terrorism. As of October 2002, an aggressive international law enforcement effort resulted in the freezing of $113 million in terrorists' assets in 500 bank accounts around the world, with much activity in Western countries, including $35 million in the U.S. (Congressional Research Service, 2002)
The use of sleeper cells and activity associated with their efforts for financial gain has already been discussed. However, other forms of funding are used, such as nongovernment organizations (NGOs) and charitable organizations. Many of these are passed off as legitimate business ventures, but things are not always as they appear. International fundamentalist terrorists increased their use of NGOs and charitable organizations as a way to gain finances for use in their terrorist activities. NGOs are used much in the same manner as active supporters. They may offer logistical support in the forms of employment, documents, travel, and training. Uses of "fronts" by terrorist organizations (such as Hamas) in the U.S. uncovered charities, humanitarian foundations, and relief organizations that were used to raise funding in support of terrorist activities. Speaking in 1995 on the topic of protecting America, Oliver Revell stated that "Numerous front groups supporting Hamas have been established in the U.S. and several collect funds as tax exempt 501(C)(3) organizations." (Revell, 2003) Tremendous challenges exist for law enforcement personnel investigating terrorist fund-raising through the use of NGOs and alleged charitable humanitarian organizations. The line between legitimate and what may appear to be legitimate is often blurred.
Financing efforts by terrorist organizations have ranged from basic to sophisticated. There is probably not a financing method known that has not been tried at least once. Use of correspondent bank accounts, private bank accounts, offshore shell banks, Hawalas, cash smuggling, identity theft, credit card fraud, drug trafficking, money laundering (which will be explained in further detail under enhanced analysis), and flimflams are prevalent. The terrorist's goal is to seek financial gain while remaining undetected. That is why the USA PATRIOT Act plays an important role with its emphasis on financial topics. Regardless of the form of terrorism being investigated, the PATRIOT Act opens new avenues for law enforcement. As law enforcement targets traditional financial methods, terrorists are more apt to use ancient and informal methods to move money, such as the Hawala system. . .
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