Vice, Corruption, Bureaucracy, and Power
At the turn of the century Lincoln Steffens made a career and helped elect a president by exposing corruption in American cities.1 In more recent years the task of exposure has fallen to the generally less daring hands of social scientists who, unlike their journalistic predecessors, have gathered their information from police departments, attorney generals offices, and grand jury records.2 Unfortunately, this difference in source of information has probably distorted the description of organized crime and may well have led to premature acceptance of the Justice Departments long-espoused view regarding the existence of a national criminal organization.3 It almost certainly has led to an over-emphasis on the criminal in organized crime and a corresponding de-emphasis on corruption as an institutionalized component of Americas legal-political system.4 Concomitantly, it has obscured perception of the degree to which the structure of Americas law and politics creates and perpetuates syndicates that supply the vices in our major cities.
Getting into the bowels of the city, rather than just the records and IBM cards of the bureaucracies, brings the role of corruption into sharp relief. Organized crime becomes not something that exists outside law and government but is instead a creation of them, or perhaps more accurately, a hidden but nonetheless integral part of the governmental structure. The people most likely to be exposed by public inquiries (whether conducted by the FBI, a grand jury, or the Internal Revenue Service) may officially be outside of government, but the cabal of which they are a part is organized around, run by, and created in the interests of economic, legal, and political elites.
Study of Rainfall West (a pseudonym), the focus of this analysis of the relationship between vice and the political and economic system, dramatically illustrates the interdependency. The cabal that manages the vices is composed of important businessmen, law enforcement officers, political leaders, and a member of a major trade union. Working for, and with, this cabal of respectable community members is a staff which coordinates the daily activities of prostitution, gambling, bookmaking, the sale and distribution of drugs, and other vices. Representatives from each of these groups, comprising the political and economic power centers of the community, meet regularly to distribute profits, discuss problems, and make the necessary organizational and policy decisions essential to the maintenance of a profitable, trouble-free business.
The data reported in this paper were gathered over a period of seven years, from 1962 to 1969. Most came from interviews with persons who were members of either the vice syndicate, law enforcement agencies, or both. The interviews ranged in intensity from casual conversations to extended interviewing, complete with tape recording, at frequent intervals over the full seven years of the study. In addition, I participated in many, though not all, of the vices that comprise the cornerstone upon which corruption of the law enforcement agencies is laid.
There is, of course, considerable latitude for discretion on my part as to what I believe ultimately characterizes the situation. Obviously not everyone told the same story, nor did I give equal credibility to all information acquired. The story that does emerge, however, most closely coincides with my own observations and with otherwise inexplicable facts. I am confident that the data are accurate, valid, and reliable; but this cannot be demonstrated by pointing to unbiased sampling, objective measures, and the like for, alas, in this type of research such procedures are impossible.
Rainfall West is practically indistinguishable from any other city of a million population. The conspicuous bulk of the population the middle class shares with its contemporaries everywhere a smug complacency and a firm belief in the intrinsic worth of the area and the city. Their particular smugness may be exaggerated due to relative freedom from the urban blight that is so often the fate of larger cities and to the fact that Rainfall Wests natural surroundings attract tourists, thereby providing the citizenry with the confirmation of their faith that this is, indeed a "chosen land!"5
However, an invisible, although fairly large minority of the population, do not believe they live in the promised land. These are the inhabitants of the slums and ghettos that make up the center of the city. Camouflaging the discontent of the center are urban renewal programs which ring the slums with brick buildings and skyscrapers. But satisfaction is illusory; it requires only a slight effort to get past this brick and mortar and into the not-so-enthusiastic city center a marked contrast to the wildly bubbling civic center located less than a mile away. Despite the ease of access, few of those living in the suburbs and working in the area surrounding the slums take the time to go where the action is. Those who do go for specific reasons: to bet on a football game, to find a prostitute, to see a dirty movie, or to obtain a personal loan that would be unavailable from conventional financial institutions.
II. Bureaucratic Corruption and Organized Crime: A Study in Symbiosis
Laws prohibiting gambling, prostitution, pornography, drug use, and high interest rates on personal loans are laws about which there is a conspicuous lack of consensus. Even persons who agree that such behavior is improper and should be controlled by law disagree on the proper legal response. Should persons found guilty of such acts be imprisoned, or counseled? Reflecting this dissension, large groups of people, some with considerable political power, insist on their right to enjoy the pleasures of vice without interference from the law.
In Rainfall West, those involved in providing gambling and other vices enjoy pointing out that their services are profitable because of the demand for them by respectable members of the community. Prostitutes work in apartments which are on the fringes of the lower class area of the city, rather than in the heart of the slums, precisely because they must maintain an appearance of ecological respectability so that their clients will not feel contaminated by poverty. While professional pride may stimulate exaggeration on the part of the prostitutes, their verbal reports are always to the effect that "all" their clients are "very important people." My own observations of the comings and goings in several apartment houses where prostitutes work generally verified the girls claims. Of some fifty persons seen going to prostitutes rooms in apartment houses, only one was dressed in anything less casual than a business suit.
Observations of panorama pornographic films shown in the back rooms of restaurants and game rooms also confirmed the impression that the principal users of vice are middle and upper class clientele. During several weeks of observations, over seventy percent of the consumers of these pornographic vignettes were well dressed, single-minded visitors to the slums, who came for fifteen or twenty minutes of viewing and left as inconspicuously as possible. The remaining thirty percent were poorly dressed, older men who lived in the area.
Information on gambling and bookmaking in the permanently established or floating games is less readily available. Bookmakers report that the bulk of their "real business" comes from "doctors, lawyers, and dentists" in the city:
Its the big boys your professionals who do the betting down here. Of course, they dont come down themselves; they either send someone or they call up. Most of them call up, cause I know them or they know Mr. ____________ [one of the key figures in the gambling operation.]
Q. How bout the guys who walk off the street and bet?
A. Yeh; well, theyre important. They do place bets and they sit around here and wait for the results. But thats mostly small stuff. Id be out of business if I had to depend on them guys.
The poker and card games held throughout the city are of two types: 1) the small, daily game that caters almost exclusively to local residents of the area or working-class men who drop in for a hand or two while they are driving their delivery route or are on lunch hour; 2) and the action game which takes place twenty-four hours a day, and is located in more obscure places such as a suite in a downtown hotel. Like the prostitutes, these games are located on the edges of the lower-class areas. The action games are the play-ground of well-dressed men who were by manner, finances, and dress clearly well-to-do businessmen.
Then, of course, there are the games, movies, and gambling nights at private clubs country clubs, Elks, Lions, and Masons clubs where gambling is a mainstay. Gambling nights at the different clubs vary in frequency. The largest and most exclusive country club in Rainfall West has a funtime once a month at which one can find every conceivable variety of gambling and a limited, but fairly sophisticated, selection of pornography. Although admission is presumably limited to members of the club, it is relatively easy to gain entrance simply by joining with a temporary membership, paying a two dollar fee at the door. Other clubs, such as the local fraternal organizations, have pinball machines present at all times; some also provide slot machines. Many of these clubs have ongoing poker and other gambling card games, run by people who work for the crime cabal. In all of these cases, the vices cater exclusively to middle and upper class clients.
Not all the business and professional men in Rainfall West partake of the vices. Indeed, some of the leading citizens sincerely oppose the presence of vice in their city. Even larger members of the middle and working classes are adamant in their opposition to vice of all kinds. On occasion, they make their views forcefully known to the politicians and law enforcement officers, thus requiring these public officials to express their own opposition and appear to be snuffing out vice by enforcing the law.
The law enforcement system is thus placed squarely in the middle of two essentially conflicting demands. On the one hand, their job obligates them to enforce the law, albeit with discretion; at the same time, considerable disagreement rages over whether or not some acts should be subject to legal sanction. This conflict is heightened by the fact that some influential persons in the community insist that all laws be rigorously enforced while others demand that some laws not be enforced, at least not against themselves.
Faced with such a dilemma and such an ambivalent situation, the law enforcers do what any well managed bureaucracy would do under similar circumstances they follow the line of least resistance. Using the discretion inherent in their positions, they resolve the problem by establishing procedures which minimize organizational strains and which provide the greatest promise of rewards for the organization and the individuals involved. Typically, this means that law enforcers adopt a tolerance policy towards the vices, selectively enforcing these laws only when it us to their advantage to do so. Since the persons demanding enforcement are generally middle class persons who rarely venture into the less prosperous sections of the city, the enforcers can control visibility and minimize complaints by merely regulating the ecological location of the vices. Limiting the visibility of such activity as sexual deviance, gambling, and prostitution appeases those persons who demand enforcement the enforcement of applicable laws. At the same time, since controlling visibility does not eliminate access for those persons sufficiently interested to ferret out the tolerated vice areas, those demanding such services are also satisfied.
This policy is also advantageous because it renders the legal system capable of exercising considerable control over potential sources of real trouble. For example, since gambling and prostitution are profitable, competition among persons desiring to provide these services is likely. Understandably, this competition is prone to become violent. If the legal system cannot control those running these vices, competing groups may well go to war to obtain dominance over the rackets. If, however, the legal system cooperates with one group, there will be a sufficient concentration of power to avoid these uprisings. Similarly, prostitution can be kept clean if the law enforcers cooperate with the prostitutes; the law can thus minimize the chance, for instance, that a prostitute will steal money from a customer. In this and many other ways, the law enforcement system maximizes its visible effectiveness by creating and supporting a shadow government that manages the vices.
Initially this may require bringing in people from other cities to help set up the necessary organizational structure. Or it may mean recruiting and training local talent or simply co-opting, coercing, or purchasing the knowledge and skills of entrepreneurs who are at the moment engaged in vice operations. When made, this move often involves considerable strain, since some of those brought in may be uncooperative. Whatever the particulars, the ultimate result is the same: a syndicate emerges composed of politicians, law enforcers, and citizens capable of supplying and controlling the vices in the city. The most efficient cabal is invariably one that contains representatives of all the leading centers of power. Businessmen must be involved because of their political influence and their ability to control the mass media. This prerequisite is illustrated by the case of a fledgling magazine which published an article intimating that several leading politicians were corrupt. Immediately major advertisers canceled their advertisements in the magazine. One large chain store refused to sell that issue of the magazine in any of its stores. And when one of the leading cabal members was accused of accepting bribes, a number of the communitys most prominent businessmen sponsored a large advertisement declaring their unfailing support for and confidence in the integrity of this "outstanding public servant."
The cabal must also have the cooperation of businessmen in procuring the loans which enable them individually and collectively to purchase legitimate businesses, as well as to expand the vice enterprises. A member of the banking community is therefore a considerable asset. In Rainfall West the vice president of on eof the local banks (who was an investigator for a federal law enforcement agency before he entered banking) is a willing and knowledgeable participant in business relations with cabal members. He not only serves on the board of directors of a loan agency controlled by the cabal, but also advises cabal members on how to keep their earnings a secret. Further he sometimes serves as a go-between, passing investment tips from the cabal on to other businessmen in the community. In this way the cabal serves the economic interests of businessmen indirectly as well as directly.
The political influence of the cabal is more directly obtained. Huge, tax free profits make it possible for the cabal to generously support political candidates of its choice. Often the cabal assists both candidates in an election, thus assuring itself of influence regardless of who wins. While usually there is a favorite, ultra-cooperative candidate who receives the greater proportion of the contributions, everyone is likely to receive something.
III. The Bureaucracy
Contrary to the popular myth that universal rules govern bureaucracies, the fact is that in day-to-day operations rules can and must be selectively applied. As a consequence, some degree of corruption is not merely a possibility, but rather is a virtual certainty which is built into the very structure of bureaucratic organizations.
The starting point for understanding this structural invitation to corruption is the observation that application of all the rules and procedures comprising the foundation of an organization inevitably admits of a high degree of discretion. Rules can only specify what should be done when the actions being considered fall clearly into unambiguously specifiable categories, about which there can be no reasonable grounds for disagreement or conflicting interpretation. But such categories are a virtual impossibility, given the inherently ambiguous nature of language. Instead, most events fall within the penumbra of the bureaucratic rules where the discretion of office-holders must hold sway.
Since discretionary decision-making is recognized as inevitable in effect, all bureaucratic decisions become subject to the discretionary will of the office-holder. Moreover, if one has a reason to look, vagueness and ambiguity can be found in any rule, no matter how carefully stipulated. And if ambiguity and vagueness are not sufficient to justify particularistic criteria being applied, contradictory rules or implications of rules can be readily located which have the same effect of justifying decisions which, for whatever reason the office-holder wishes, can be used to enforce his position. Finally, since organizations characteristically develop their own set of common practices which take on the status of rules (whether written or unwritten), the entire process of applying rules becomes totally dependent on the discretion of the office-holder. The bureaucracy thus has its own set of precedents which can be invoked in cases where the articulated rules do not provide precisely the decision desired by the office-holder.
Ultimately, the office-holder has license to apply rules derived from a practically bottomless set of choices. Individual self-interest then depends on ones ability to ingratiate himself to office-holders at all levels in order to ensure that the rules most useful to him are applied. The bureaucracy then is not a rational institution with universal standards, but is instead, irrational and pluralistic. It is a type of organization in which the organizations reason for being is displaced by a set of goals that often conflict with the organizations presumed purposes. This is precisely the consequence of the organizational response to the dilemma created by laws prohibiting the vices. Hence, the bureaucratic nature of law enforcement and political organization makes possible the corruption of the legal-political bureaucracy.
In the case of Rainfall West the goal of maintaining a smooth functioning organization takes precedence over all other institutional goals. Where conflict arises between the long-range goals of the law and the short-range goal of sustaining the organization, the former lose out, even at the expense of undermining the socially agreed-upon purposes for which the organization presumably exists.
Yet, the law-enforcement agencys tendency to follow the line of least resistance of maintaining organizational goals in the face of conflicting demands necessarily embodies a choice as to whose demands will be followed. For bureaucracies are not equally susceptible to all interests in the society. They do not fear the castigation, interference, and disruptive potential of the alcoholics on skid row or the café-owners in the slums. In fact, some residents of the black ghetto in Rainfall West and of other lower-class areas of the city have been campaigning for years to rid their communities of the gambling casinos, whore houses, pornography stalls, and bookmaking operations. But these pleas fall on deaf ears. The letters they write and the committees they from receive no publicity and create no stir in the smoothly functioning organizations that occupy the political and legal offices of the city. On the other hand, when the president of a large corporation in the city objected to the "slanderous lies" being spread about one of the leading members of the crime cabal in Rainfall West, the magazine carrying the "lies" was removed from newsstand sale, and the editors lost many of their most profitable advertisers. Similarly, when any question of the honesty or integrity of policemen, prosecuting attorneys, or judges involved in the cabal is raised publicly, it is either squelched before aired (the editor of the leading daily newspaper in Rainfall West is a long-time friend of one of the cabals leading members) or it arouses the denial of influential members of the banking community (especially those bankers whose institutions loan money to cabal members), as well as leading politicians, law enforcement officers, and the like.
In short, bureaucracies are susceptible to differential influence, according to the economic and political power of the groups attempting to exert influence. Since every facet of politics and the mass media is subject to reprisals by cabal members and friends, exposition of the ongoing relationship between the cabal and the most powerful economic groups in the city is practically impossible.
The fact that the bureaucrats must listen to the economic elites of the city and not the have-nots is then one important element that stimulates the growth and maintenance of a crime cabal. But the links between the elites and the cabal are more than merely spiritual. The economic elite of the city does not simply play golf with the political and legal elite. There are in fact significant economic ties between the two groups.
The most obvious nexus is manifested by the campaign contributions from the economic elite to the political and legal elites. We need not dwell on this observation here; it has been well documented in innumerable other studies.6 However, what is not well recognized is that the crime cabal is itself an important source of economic revenue for the economic elite. In at least one instance, the leading bankers and industrialists of the city were part of a multi-million dollar stock swindle engineered and manipulated by the crime cabal with the assistance of confidence-men from another state. This entire case was shrouded in such secrecy that eastern newspapers were calling people at the University of Rainfall West to find out why news about the scandal was not forthcoming from local wire services. When the scandal was finally exposed the fact that industrialists and cabal members heavily financed the operation (and correspondingly reaped the profits) was conveniently ignored by the newspapers and the courts; the evil-doers were limited to the outsiders who were in reality the front men for the entire confidence operation.
In a broader sense, key members of the economic elite in the community are also members of the cabal. While the day-to-day, week-to-week operations of the cabal are determined by the criminal-political-legal elite, the economic elite benefits mightily from the cabal. Not surprisingly, any threat to the cabal is quickly squelched by the economic elite under the name of "concerned citizens," which indeed they are.
The crime cabal is thus an invariable outgrowth of the political economy of American cities. The ruling elites from every sphere benefit economically and socially form the presence of a smoothly running cabal. Law enforcement and government bureaucracies function best when a cabal is part of the governmental structure. And the general public is satisfied when control of the vice gives an appearance of respectability, but a reality of availability.
IV. Vice in Rainfall West
The vices available in Rainfall West are varied and tantalizing. Gambling ranges from bookmaking (at practically every street corner in the center of the city) to open poker games, bingo parlors, off-track betting, casinos, roulette and dice games (concentrated in a few locations and also floating out into the suburban country clubs and fraternal organizations), and innumerable two and five dollar stud-poker games scattered liberally throughout the city.
The most conspicuous card games take place from about ten in the morning varying slightly from one fun house to the next until midnight. A number of other twenty-four hour games run constantly. In the more public games, the limit ranges from one to five dollars for each bet; in the more select twenty-four hours a day games, there is a pot limit or no limit rule. These games are reported to have betting as high as twenty and thirty thousand dollars. I saw a bet made and called for a thousand dollars in one of these games. During this game, the highest stakes game I witnessed in the six years of the study, the police lieutenant in charge of the vice squad was called in to supervise the game not, need I add, to break up the game or make any arrests, but only to insure against violence.
Prostitution covers the usual range of ethnic group, age, shape, and size of female. It is found in houses with madams a la the New Orleans stereotype, on the street through pimps, or in suburban apartment buildings and hotels. Prices range from five dollars for a short time with a street walker to two hundred dollars for a night with a lady who has her own apartment (which she usually shares with her boyfriend who is discreetly gone during business operations).
High interest loans are easy to arrange through stores that advertise, "your signature is worth $5,000." It is really worth considerably more; it may in fact be worth your life. The interest rates vary from a low of 20 percent for three months too as high as 100 percent for varying periods. Repayment is demanded not through courts, but through the help of "The Gaspipe Gang," who call on recalcitrant debtors and use physical force to bring about payment. "Interest only" repayment is the most popular alternative practiced by borrowers and is preferred by the loan sharks as well. The longer repayment can be prolonged, the more advantageous the loan is to the agent.
Pinball machines are readily available throughout the city, most of them paying off in cash.
The gambling, prostitution, drug distribution, pornography, and usury which flourish in the lower class center of the city do so with the compliance, encouragement, and cooperation of the major political and law enforcement officials in the city. There is in fact a symbiotic relationship between the law enforcement-political organizations of the city and a group of local, as distinct form national, men who control the distribution of vices.
V. Corruption in Rainfall West
In the spring of 19 a businessman whom I shall call Mr. Van Meter sold his restaurant and began looking for a new investment when he noticed an advertisement in the paper which read:
Excellent investment opportunity for someone with $30,000 cash to purchase the good will and equipment of a long established restaurant in the down town area . . .
After making the necessary inquiries, inspecting the business, and evaluating its potential, Mr. Van Meter purchased it. In addition to the restaurant, the business consisted of a card-room which was legally licensed by the city, operating under a publicly acknowledged tolerance policy which allowed card games, including poker, to be played. These games were limited by the tolerance policy to a maximum $1.00 limit for each bet.
Thus, Mr. Van Meter had purchased a restaurant with a built-in criminal enterprise. It was never clear whether he was, at the time of purchasing the business, fully aware of the criminal nature of the card room. Certainly the official tolerance policy was bound to create confusion over the illegality of gambling in the licensed card rooms. The full extent to which this purchase involved Mr. Van Meter in illegal activities crystallized immediately upon purchase of the property.7
[W]e had just completed taking the inventory of [the restaurant]. I was then handed the $60,000 keys of the premises by Mr. Bataglia, and he approached me and said, "Up until now, I have never discussed with you the fact that we run a book-making operation here, and that we did not sell this to you; however if you wish to have this operation continue here, you must place another $5,000 to us, and we will count you in. Now, if you do not buy it, we will put out this book-making operation, and you will go broke." "In other words," Mr. Bataglia continued, "we will use you, and you need us." I told Mr. Bataglia that I did not come to this town to bookmake or to operate any form of rackets, and I assumed that I had purchased a legitimate business. Mr. Bataglia said, "You have purchased a legitimate business; however, you must have the book-making operation in order to survive." I promptly kicked him out of the place.
The question of how "legitimate" the business Mr. Van Meter had purchased was is not so simple as he thought. It was, to be sure, a licensed operation; there was a license to operate the restaurant, a license to operate the card room attached to the restaurant, and a license to operate the cigar stand (where much of the bookmaking operation had taken place before Mr. Van Meter purchased the place). These licenses, although providing a "legitimate business," also had the effect of making the owner of the business constantly in violation of the law, for the laws were so constructed that no one could possibly operate a "legitimate" business "legally." Thus, anyone operating the business was vulnerable to constant harassment and even closure by the authorities if he failed to cooperate with law enforcement personnel.
The card room attached to the business was the most flagrant example of a legitimate enterprise that was necessarily run illegally. The city of Rainfall West had adopted by ordinance a tolerance policy towards gambling. This tolerance policy consisted of permitting card rooms, which were then licensed by the city, pinball machines that paid off money to winners, and panorama shows. The city ordinance permitted a maximum one dollar bet at the card table in rooms such as those in Mr. Van Meters restaurant.
This ordinance was in clear and open violation of state law. The State Attorney General has publicly stated that the tolerance policy of the city was illegal and that the only policy for the state was that all gambling was illegal. Despite these rulings from higher state officials, the tolerance policy continued and flourished in the city although it did so illegally.
This general illegality of the card room was not, however, easily enforceable against any one person operating a card room without enforcement against all persons running card rooms.. There were, however, wrinkles in the tolerance policy ordinance which made it possible discriminately to close down one card room without being forced to take action against all of them. This was accomplished in part by the limit of one dollar on a bet. The card room was allowed to take a certain percentage of the pot from each game, but the number of people playing and the amount of percentage admitted did not allow one to make a profit if the table limit remained at one dollar. Mr. Van Meter, like all other card room operators, allowed a two to five dollar limit. The ordinance was written in such a way that, in reality, everyone would be in violation of it. It was therefore possible for the police to harass or close down whatever card rooms they chose at their own discretion.
The health and fire regulations of the city were also written in such a way that no one could comply with all the ordinances. It was impossible to serve meals and still avoid violation of the health standards required. Thus, when the health or fire department chose to enforce the rules, they could do so selectively against whatever business they chose.
The same set of circumstances governed the cabaret licenses in the city. The city ordinances required that every cabaret have a restaurant attached; the restaurant, the ordinance stated, had to comprise at least seventy five percent of the total floor space of the cabaret and restaurant combined. Since there was a much higher demand for cabarets than restaurants in the central section of the city, this meant that cabaret owners were bound by law to have restaurants attached some of which would necessarily lose money. Moreover, those restaurants had to be extremely large in order to constitute seventy-five percent of the total floor space. For a one-hundred square foot cabaret, an attached three-hundred square foot restaurant was required. The cabaret owners burden was further increased by an ordinance governing the use of entertainers in the cabaret, requiring that any entertainer be at least twenty five feet from the nearest customer during her act. Plainly, the cabaret had to be absolutely gigantic to accommodate any customers after a twenty five foot buffer zone encircled the entertainer. Combined with the fact that this now very large cabaret had to have attached to it a restaurant three times as large, the regulatory scheme simply made it impossible to run a cabaret legally.
The effect of such ordinances was to give the police and the prosecuting attorney complete discretion in choosing who should operate gambling rooms, cabarets, and restaurants. This discretion was used to force pay-offs to the police and cooperation with the criminal syndicate.
Mr. Van Meter discovered the pay-off system fairly early in his venture:
I found shortages that were occurring in the bar, and asked an employee to explain them, which he did, in this manner: "The money is used to pay the juice of the place." I asked him what was the "juice." He said in this city you must "pay to stay." Mr. Davis said, "You pay for the beat-man [from the police department] $250.00 per month. That takes care of the various shifts, and you must pay the upper brass, also $200.00 each month. A beat-man collects around the first of each month, and another man collects for the upper brass. You get the privilege to stay in business." That is true; however, you must remember that it is not what they will do for you, but what they will do to you, if you dont make these payoffs as are ordered. "If I refuse, what then?" I asked. "The least that could happen to you is you will lose your business."
During the next three months, Mr. Van Meter made the payoffs required. He refused, however, to allow the bookmaking operation back in the building or to hire persons to run the card room and bar whom members of the organized crime syndicate and the police recommended to him for the job. He also fired one employee whom he found was taking bets while tending bar.
In August of the same year, a man whom Mr. Van Meter had known prior to buying the restaurant met him in his office:
Mr. Danielski met with me in my office and he came prepared to offer me $500 per month in cash deductions of my remaining balance of the contract owing against [the restaurant] if I would give him the bookmaking operation, and he would guarantee me another $800 a month more business. He warned that if he wanted to give my establishment trouble, he would go to a certain faction of the police department; if he wanted me open, he would go to another faction. "So do some thinking on the subject, and I will be in on Monday for your answer." Monday, I gave Mr. Danielski his answer. The answer was no.
In June of 19 , a man by the name of Joe Link, who I found later was a second-string gang member of Mr. Bataglias, made application to me to operate my card room. I did give him the opportunity to operate the card room because I had known him some 20 years ago when he was attending the same high school that I was. After I had refused the offer of Mr. Danielski, Mr. Joe Link had received orders from Mr. Danielski to and Mr. Bataglia to run my customers out and in any way he could, cripple my operation to bring me to terms. I terminated Mr. Link on November 6, 19 , and shortly after, after I had removed Mr. Link, Police Officer Herb C. said that I had better re-appoint Mr. Link in my card room; that his superiors were not happy with me. If I did not return Mr. Link to his former position, then it would be necessary to clear anyone that I wanted to replace Mr. Link with. Officer C. felt that no one else would be acceptable. He further stated I had better make a decision soon, because he would not allow the card room to run without an approved boss. I informed Officer C. that I would employ anyone I chose in my card room or in any other department. Officer C. said "Mr. Van Meter, you, I think, do not realize how powerful a force you will be fighting or how deep in City Hall this reaches. Even I am not let known all the bosses or where the money goes." I did not return Mr. Link, as I was ordered by Officer C., and I did select my own card room bosses.
On November 7, 19 , I received a phone call stating that I would soon have a visitor who was going to shoot me between the eyes if I did not comply with the demands to return Mr. Link to his former position.
The crime cabal in Rainfall West (including police officers, politicians and members of the organized crime syndicate), like the criminal law which underpins it, relies on the threat of coercion to maintain order. That threat, however, is not an empty one. Although Mr. Van Meter was not "shot between the eyes" as threatened, others who defied the cabal were less fortunate. Although it has never been established that any of the suspicious deaths that have taken place involving members of the crime cabal were murder, the evidence, nonetheless, points rather strongly in that direction. Eric Tandlin, former county auditor for Rainfall West, is but one of thirteen similar cases which occurred from 1955-1969.
Tandlin had been county auditor for seventeen years, He kept his nose clean, did the bidding of the right politicians, and received a special gift every Christmas for his cooperation. In the course of doing business with the politicians and criminals, he also developed extensive knowledge of the operations. Suddenly, without warning or expectation on his part, Eric was not supported by his party, for re-election as auditor, losing the nomination to the brother-in-law of the chief of police. It was a shock from which Eric did not soon recover. He began drinking heavily and frequenting the gambling houses; he also began talking a great deal. One Friday evening, he made friends with a reporter who promised to out him in touch with someone from the attorney generals office. Saturday night at 6:30, just as the card rooms were being prepared for the evening, word spread through the grapevine along First Street that Eric had been done in: "Danielski took Eric for a walk down by the bay."
The Sunday morning paper carried a small front page story:
Eric Tandlin aged forty seven was found drowned in back bay yesterday at around 5:00 p.m. The Coroners office listed the cause of death as possible suicide. Friends said Mr. Tandlin who had been county auditor for many years until his defeat in the primaries last fall had been despondent over his failure to be re-elected.
The coroner, who was the brother-in-law of the chief of police, described the probable cause of death as "suicide." The people of Miriam Street knew better. They also knew that this was a warning not to talk to reporters, sociologists, or anyone else "nosing around." In the last few years the cabal has been responsible for the deaths of several of its members. Drowning is a favorite method of eliminating troublemakers, because it is difficult to ascertain whether or not the person fell from a boat by accident, was held under water by someone else, or committed suicide.8 L.S., who was in charge of a portion of the pinball operations, but who came into disfavor with the cabal, was found drowned at the edge of a lake near his home. J.B., an assistant police chief who had been a minor member of the cabal for years, drowned while on a fishing trip aboard one of the yachts owned by a leading member of the cabal. In both instances the coroner, who was the brother-in-law of one of the leading cabal members, diagnosed the deaths as "accidental drownings." Over the years, he has often made that diagnosis when cabal members or workers in the organization have met with misfortune.
Other deaths have been arranged in more traditional ways. At least one man, for example, was shot in an argument in a bar. The offender was tried before a judge who has consistently shown great compassion for any crimes committed by members of the cabal (although he has compensated for this leniency with cabal members by being unusually harsh in cases against blacks who appear before him), and the case was dismissed for lack of evidence.
However, murder is not the preferred method of handling uncooperative people. For better, in the strategy of the crime cabal, in the time honored technique of blackmail and co-optation. The easiest and safest tactic is to purchase the individual for a reasonable amount, as was attempted with Mr. Van Meter. If this fails, then some form of blackmail or relatively minor coercion may be in order.
For instance, Sheriff McCallister was strongly supported by the cabal in his bid for office. Campaign contributions were generously provided since McCallister was running against a local lawyer who was familiar with the goings-on of the cabal and had vowed to attack its operations. McCallister won the election cabal candidates almost never lose local elections but underwent a dramatic change-of-heart shortly thereafter. He announced in no uncertain terms that he would not permit the operation of gambling houses in the county, although he did not intend to do anything about the operations within the city limits since that was not his jurisdiction. Nevertheless the county, he insisted, would be kept clean.
The cabal was as annoyed as it was surprised. The county operations were only a small portion of the total enterprise, but they were nonetheless important, and no one wanted to give up the territory. Further, the prospect of closing down the lay-off center operating in the county was no small matter. The center is crucial to the entire enterprise, because it is here that the results of horse races and other sports events come directly to the book-makers. The center also enables the cabal to protect itself against potential bankruptcy. When the betting is particularly heavy in one direction, bets are laid off by wiring Las Vegas where the national betting pattern always takes care of local variations. Clearly, something had to be done about McCallister.
No man is entirely pure, and McCallister was less pure than many. He had two major weaknesses: gambling and young girls. One weekend shortly after he took office a good friend of his asked if he would like to go to Las Vegas for the weekend. He jumped at the opportunity. While the weekend went well in some respects, McCallister was unlucky at cards. When he flew back to Rainfall West Sunday night, he left $14,000 worth of I.O.U.s in Las Vegas.
Monday morning one of the cabal chiefs visited McCallister in his office. The conversation went like this:
Say, Mac, I understand you was down in Vegas over the weekend.
Hear you lost a little bit at the tables, Mac.
Well the boys wanted me to tell you not to worry about those pieces of paper you left. We got them back for you.
I dont . . .
Also, Mac, we thought you might like to have a memento of your trip; so we brought you these pictures . . . .
The "mementos" were pictures of McCallister in a hotel room with several young girls. Thereafter things in the county returned to normal.
Lest one should think the cabal exploitative, it should be noted that McCallister was not kept in line by the threat of exposure alone. He was, in fact, subsequently placed on the payroll in the amount of one thousand dollars a month. When his term as Sheriff was over, an appointment was arranged for him to the state parole board. He was thus able to continue serving the cabal in a variety of ways for the rest of his life. Cooperation paid off much better than would have exposure.
Threats from outside the organization are more rare than are threats from within. Nevertheless, they occur and must be dealt with in the best possible way. Since no set strategy exists, each incident is handled in its own way. During Robert Kennedys days as attorney general, the federal attorney for the state began a campaign to rid the state of the members of the cabal. People who held political office were generally immune, but some of the higher-ups in the operational section of the cabal were indicted. Ultimately five members of the cabal, including a high ranking member of the local Teamsters Union, were sentenced to prison. The entire affair was scandalous; politicians whose lives depended on the cabal fought the nasty business with all their power. They were able to protect the major leaders of the cabal and to avert exposure of the cabal politicians. However, some blood ran, and it was a sad day for the five sentenced to prison terms. Yet the organization remained intact and, indeed, the five men who went to prison continued to receive their full share of profits from the cabal enterprises. Corruption continued unabated, and the net effect on organized crime in the state was nil.
One reason that Mr. Van Meter was not :shot between the eyes" was that, although not fully cooperative, he was nonetheless paying into the cabal four hundred and fifty dollars a month in "juice." Eventually he cut down on these payments. When this happened Mr. Van Meter became a serious problem for the cabal, and something more than threats was necessary:
No extortion was pain by me directly to them, but it involved a third party. Some time shortly after the first of each month, the sum of $250.00 was paid to [the above-mentioned] Officer C., which he presumably divided up with other patrolmen on the beat. Two hundred dollars each month was given to [another bagman] for what the boys termed as "It was going to the upper brass." The $200.00 per month was paid each month from June 19 with payment of $200.00 being made in January 19 . After that I refused to make further payments . . . After some wrangling back and forth, I just told them that I would not pay any more. They said, "Well, we will take $100.00 per month on a temporary basis. I paid $100.00 per month for the next twelve months. Early the next year I had planned to cut off all payments to the patrolmen . . . About the 8th of July the explosion occurred. Police officers Merrill and Lynch conducted a scare program; jerked patrons off stools, ran others out of my establishment; Patrolman Lynch ordered my card room floorman into the rest room; and ordered my card room closed. When my floorman came out of the rest room, he left white and shaking never to be seen in the city again.
Following this incident, Mr. Van Meter met with his attorney, the chief of police, and a former mayor. Although the meeting was cordial, he was told they could do nothing unless he could produce affidavits substantiating his claims. He did so, but quickly became enmeshed in requests and demands for more affidavits, while the prosecuting attorneys office resisted cooperating.
The refusal of cooperation from the prosecuting attorney was not surprising. What Mr. Van Meter did not realize was that the prosecuting attorney was the key political figure behind the corruption of the legal and political machinery. He was also the political boss of the county and had great influence on state politics, coming as he did from the most populous area of the state. Over the years his influence had been used to place men in key positions throughout the various government bureaucracies, including the police department, the judiciary, the city council, and relevant governmental agencies such as the tax office and the licensing bureau.
There was, however, a shift in emphasis for a short time in the cabals dealings with Mr. Van Meter. They offered to buy his business at the price he paid for it. But when he refused, the pace of harassment increased. Longshoremen came into his restaurant and started fights. Police stood around the card room day and night observing. City health officials would come to inspect the cooking area during mealtimes, thereby delaying the food being served to customers; the fire department made frequent visits to inspect fire precautions. On several occasions, Mr. Van Meter was cited for violating health and safety standards.
Finally, he was called to the city council to answer an adverse police report stating that he allowed drunks and brawling in his establishment. At the hearing, he was warned that he would lose all of his licenses if a drunk were ever again found in his restaurant.
During the next six months, the pressure on Mr. Van Meter continued at an ever increasing rate. Longshoremen cam into the restaurant and card room and picked fights with customers, employees, and Mr. Van Meter himself. The health department chose five oclock in the evening several days running to inspect the health facilities of the establishment. The fire inspector came at the lunch hour to inspect the fire equipment, writing up every minor defect detectable. Toward the end of Mr. Van Meters attempt to fight the combine of the government, the police force, and the criminal syndicate, he received innumerable threats to his life. Bricks and stones were thrown through the windows of his building. Ultimately, he sold his business back to the man from whom he had purchased it at a loss of thirty thousand dollars and left the city.
The affair caused considerable consternation among the legal-political-criminal cabal which controlled and profited form the rackets in Rainfall West. In the "good old days" the problem would have been quickly solved, one informant remarked, "by a bullet through the fat slobs head." But ready resort to murder as a solution to problems was clearly frowned upon by the powers that operated organized crime in Rainfall West. Although the syndicate had been responsible for many murders over the past ten years, these murders were limited to troublesome persons within the syndicate. As nearly as could be determined, no outsider had been murdered for a number of years.
Overall the gambling, book-making, pinball, and usury operations grossed at least twenty five million dollars a year in the city alone. It was literally the case that drunks were arrested on the street for public intoxication while gamblers made thousands of dollars and policemen accepted bribes five feet away.
Payoffs, bribes, and associated corruption were not limited only to illegal activities. To obtain a license for two-truck operations one had to pay ten thousand dollars to the licensing bureau; a license for a taxi franchise cost fifteen thousand dollars. In addition, taxi drivers who sold bootleg liquor (standard brand liquors sold after hours or on Sunday) or who would steer customers to prostitutes or gambling places, paid the beat policeman and the sergeant of the vice squad. Tow-truck operators also paid the policeman who called the company when an accident occurred.
As one informant commented:
When I would go out on a call from a policeman I would always carry matchbooks with three dollars tucked behind the covers. I would hand this to the cops when I came to the scene of an accident.
Q. Did every policeman accept these bribes?
A. No. Once in a while you would run into a cop who would say he wasnt interested. But that was rare. Almost all of them would take it.
Most of the cabarets, topless bars, and taverns were owned either directly or indirectly by members of the organized crime syndicate. Thus the syndicate not only controlled the gambling enterprises, but also "legitimate" businesses associated with the night life as well. In addition, several of the hotels and restaurants were also owned by the syndicate. Ownership of these establishments was disguised in several ways, such as placing them formally in the name of a corporation with a board of directors who were really front-men for the syndicate or placing them in the names of relatives of syndicate members. It should further be underlined that the official ownership by the syndicate must be interpreted to mean by all of the members who were in the political and legal bureaucracies and simultaneously members of the syndicate, as well as those who were solely involved in the day-to-day operations of the vice syndicate.
The governing board of the syndicate consisted of seven men, four of whom held high positions in the government and three of whom were responsible for the operation of the various enterprises. The profits were split among these seven men. We are not then talking about a syndicate that paid off officials. But about a syndicate that is part and parcel of the government, although not subject to election.
There is abundant data indicating that what is true in Rainfall West is true in virtually every city in the United States and has been true since at least the early 1900s. Writing at the turn of the century, Lincoln Steffens observed that "the spirit of graft and of lawlessness is the American spirit." He went on to describe the results of his inquiries:
In the very first study St. Louis the startling truth lay bare that corruption was not merely political; it was financial, commercial, social; the ramifications of boodle were so complex, various and far-reaching, that our mind could hardly grasp them . . . . St. Louis exemplified boodle; Minneapolis Police graft; Pittsburg a political and industrial machine; Philadelphia general civil corruption . . . .9
In 1931, after completing an inquiry into the police, the National Commission on Law Observance and Enforcement concluded:
Nearly all of the large cities suffer from an alliance between politicians and criminals. For example, Los Angeles was controlled by a few gamblers for a number of years. San Francisco suffered similarly some years ago and at one period in its history was so completely dominated by the gamblers that three prominent gamblers who were in control of the politics of the city and who quarreled about the appointment of the police chief settled their quarrel by shaking dice to determine who would name the chief for the first two years, who for the second two years, and who for the third.
Recently the gamblers were driven out of Detroit by the commissioner. These gamblers were strong enough politically to oust this commissioner from office despite the fact that he was recognized by police chiefs as one of the strongest and ablest police executives in America. For a number of years Kansas City, Mo., was controlled by a vice ring and no interference with their enterprises was tolerated. Chicago, despite its unenviable reputation, is but one of numerous cities where the people have frequently been betrayed by their elected officials.10
Frank Tannenbaum once noted:
It is clear from the evidence at hand that a considerable measure of the crime in the community is made possible and perhaps inevitable by the peculiar connection that exists between the political organizations of our large cities and the criminal activities of various gangs that are permitted and even encouraged to operate.11
Similarly, the Kefauver Commission summarized the results of its extensive investigation into organized crime in 1951:
1) There is a nationwide crime syndicate known as the Mafia, whose tentacles are found in many large cities. It has international ramifications, which appear most clearly in connection with the narcotics traffic.
2) Its leaders are usually found in control of the most lucrative rackets in their cities.
3) There are indications of centralized direction and control of these rackets, but leadership appears to be in a group rather than in a single individual.12
And in 1969, Donald R. Cressey, using data gathered from the attorney general of the United States and local Crime Commission, capsulized the state of organized crime in the U.S.:
In the United States, criminals have managed to put together an organization which is at once a nationwide illicit cartel and a nationwide confederation. This organization is dedicated to amassing millions of dollars by means of extortion, and from usury, the illicit sale of lottery tickets, chances on the outcome of horse races and athletic events, narcotics, and untaxed liquor.13
The frequency of major scandals linking organized criminals with leading political and legal figures suggests the same general conclusion. Detroit, Chicago, Denver, Reading, Pennsylvania, Columbus and Cleveland, Ohio. Miami, New York, and Boston, and a hoard of other cities have been scandalized and cleansed innumerable times.14 Yet organized crime persists and, in fact, thrives. Despite periodic forays, exposures, and reform movements prompted by journalists, sociologists and politicians, organized crime has become an institution in the United States and in many other parts of the world as well.15
Once established, the effect of a syndicate on the entire legal and political system is profound. Maintenance of order in such an organization requires the use of extra-legal procedures since, obviously, the law cannot always be relied on to serve the interests of the crime cabal. The law can harass uncooperative people; it can even be used to send persons to prison on real or faked charges. But to make discipline and obedience certain, it is often necessary to enforce the rules of the syndicate in extra-legal ways. To avoid detection of these procedures, the police, prosecuting attorneys office, and judiciary must be organized in ways that make them incapable of discovering events that the cabal does not want disclosed. In actual practice, policemen, prosecutors and judges who are not members of the cabal must not be in a position to investigate those things that the syndicate does not want investigated. The military chain of command of the police is, of course, well-suited to such a purpose. So, in fact, is the availability of such subtle but nonetheless important sanctions as relegating uncooperative policemen to undesirable positions in the department. Conversely, cooperative policemen are rewarded with promotions, prestigious positions on the force, and of course a piece of the action.
Another consequence is widespread acceptance of petty graft. The matchbox fee for accident officers is but one illustration. Free meals and cigarettes, bottles of whiskey at Christmas, and the like are practically universal in the police department. Television sets, cases of expensive whiskey, and on occasion new automobiles or inside information on investments are commonplace in the prosecuting attorneys office.
Significantly, the symbiotic relationship between organized crime and the legal system not only negates the law enforcement function of the law vis-à-vis these types of crimes but actually increases crime in a number of ways. Perhaps most important, gradual commitment to maintaining the secrecy of the relationship in turn necessitates the commission of crimes other than those involved in the vices per se. At times, it becomes necessary to intimidate through physical punishment and even to murder recalcitrant members of the syndicate. Calculating the extent of such activities is risky business. From 1955 to 1969 in Rainfall West, a conservative estimate of the number of persons killed by the syndicate is fifteen. However, estimates range as high as "hundreds." Although such information is impossible to verify in a manner that creates confidence, it is virtually certain that some murders have been perpetrated by the syndicate in order to protect the secrecy of their operations. It is also certain that the local law enforcement officials, politicians and businessmen involved with the syndicate have cooperated in these murders.
The location of the vices in the ghettos and slums of the city may well contribute to host of other types of criminality as well. The disdain which ghetto residents have for the law and law enforcers is likely derived from more than simply their own experiences with injustice and police harassment. Their day-to-day observations that criminal syndicates operate openly and freely in their areas with complete immunity from punishment, while persons standing on a corner or playing cards in an apartment are subject to arrest, can not help but affect their perception of the legal system. We do not know that such observations undermine respect for and willingness to comply with the law, but that conclusion would not seem unreasonable.
It is no accident that whenever the presence of vice and organizations that provide the vices is exposed to public view by politicians, exposure is always couched in terms of organized crime. The question of corruption is conveniently left in the shadows. Similarly, it is no accident that organized crime is inevitably seen as consisting of an organization of criminals with names like Valachi, Genovese, and Joe Bonanno. Yet the data from the study of Rainfall West, as well as that of earlier studies of vice, makes it abundantly clear that this analysis is fundamentally misleading.
I have argued, and I think the data demonstrate quite convincingly, that the people who run the organizations which supply the vices in American cities are members of the business, political and law enforcement communities not simply members of a criminal society. Furthermore, it is also clear from this study that corruption of political-legal organizations is a critical part of the life-blood of the crime cabal. The study of organized crime is thus a misnomer; the study should consider corruption, bureaucracy and power. By relying on governmental agencies for their information on vice and the rackets, social scientists and lawyers have inadvertently contributed to the miscasting of the issue in terms that are descriptively biased and theoretically sterile. Further, they have been diverted from sociologically interesting and important issues raised by the persistence of crime cabals. As a consequence, the real significance of the existence of syndicates has been overlooked; for instead of seeing these social entities as intimately ties to, and in symbiosis with, the legal and political bureaucracies of the state, they have emphasized the criminality of only a portion of those involved. Such a view contributes little to our knowledge of crime and even less to attempts at crime control.