Crime no longer lifts people out of poverty

(written by lawrence krubner, however indented passages are often quotes). You can contact lawrence at: lawrence@krubner.com, or follow me on Twitter.

After 2 centuries where crime lifted people out of poverty, the USA faces a situation where crime no longer helps people:

Chuck and Mike were criminals: they were complicit in the barbarism of the drug trade. But, in the Mertonian sense, they were also innovators. Goffman describes how they craved success in mainstream society. They tried to get an education and legitimate jobs, only to find themselves thwarted. Selling crack was a business they entered into only because they believed that all other doors were closed to them. In Chuck’s case, his mother had a serious crack habit. He began dealing at thirteen in order to buy food for the family and to “regulate” his mother’s addiction; if he was her supplier, he figured, she wouldn’t have to turn tricks or sell household possessions to pay for drugs. Chuck’s criminal activities were an attempt to bring some degree of normalcy to his family.

The problem was that on 6th Street crime didn’t pay. Often, Chuck and Mike had no drugs to sell: “their supplier had gotten arrested or was simply unavailable, or the money they owed this ‘connect’ had been seized from their pockets by the police during a stop and search.” And, if they did have drugs, the odds of evading arrest were small. The police saturated 6th Street. Each day, Goffman saw the officers stop young men on the streets, search cars, and make arrests. In her first eighteen months of following Mike and Chuck, she writes:

BUY OR LICENSE »
I watched the police break down doors, search houses and question, arrest, or chase people through houses fifty-two times. Nine times, police helicopters circled overhead and beamed searchlights onto local streets. I noted blocks taped off and traffic redirected as police searched for evidence . . . seventeen times. Fourteen times during my first eighteen months of near daily observation, I watched the police punch, choke, kick, stomp on, or beat young men with their nightsticks.
Years later, when Chuck went through his high-school yearbook with Goffman, he identified almost half the boys in his freshman class as currently in jail or prison. Between the ages of twenty-two and twenty-seven, Mike had spent three and a half years behind bars. He was on probation or parole for eighty-seven weeks of the hundred and thirty-nine weeks that he was out of prison, and made fifty-one court appearances.

The police buried the local male population under a blizzard of arrest warrants: some were “body” warrants for suspected crimes, but most were bench and technical warrants for failure to appear in court or to pay court fees, or for violations of probation or parole. Getting out from under the weight of warrants was so difficult that many young men in the neighborhood lived their lives as fugitives. Mike spent a total of thirty-five weeks on the run, steering clear of friends and loved ones, moving around by night. The young men of the neighborhood avoided hospitals, because police officers congregate there, running checks on those seeking treatment for injuries. Instead, they turned to a haphazard black market for their medical care. The police would set up a tripod camera outside funerals, to record the associates of young men murdered on the streets. The local police, the A.T.F., the F.B.I., and the U.S. Marshals Service all had special warrant units, using computer-mapping software, cell-phone tracking, and intelligence from every conceivable database: Social Security records, court records, hospital-admission records, electricity and gas bills, and employment records. “You hear them coming, that’s it, you gone,” Chuck tells his little brother. “Period. ’Cause whoever they looking for, even if it’s not you, nine times out of ten they’ll probably book you.” Goffman sometimes saw young children playing the age-old game of cops and robbers in the street, only the child acting the part of the robber wouldn’t even bother to run away:

I saw children give up running and simply stick their hands behind their back, as if in handcuffs; push their body up against a car without being asked; or lie flat on the ground and put their hands over their head. The children yelled, “I’m going to lock you up! I’m going to lock you up, and you ain’t never coming home!” I once saw a six-year-old pull another child’s pants down to do a “cavity search.”

When read alongside Ianni, what is striking about Goffman’s book is not the cultural difference between being an Italian thug in the early part of the twentieth century and being an African-American thug today. It’s the role of law enforcement in each era. Chuck’s high-school education ended prematurely after he was convicted of aggravated assault in a schoolyard fight. Another boy called Chuck’s mother a crack whore, and he pushed his antagonist’s face into the snow. In a previous generation, this dispute would not have ended up in the legal system. Until the nineteen-seventies, outstanding warrants in the city of Philadelphia were handled by a two-man team, who would sit in an office during the evening hours and make telephone calls to the homes of people on their list. Anyone stopped by the police could show a fake I.D. Today, there are computers and sometimes even fingerprint machines in squad cars. Between 1960 and 2000, the ratio of police officers to Philadelphia residents rose by almost seventy per cent.

In the previous era, according to Goffman, the police “turned a fairly blind eye” to prostitution, drug dealing, and gambling in poor black neighborhoods. But in the late nineteen-eighties, she writes, “corruption seems to have been largely eliminated as a general practice, at least in the sense of people working at the lower levels of the drug trade paying the police to leave them in peace.”

The Lupollos, of course, routinely paid the police to leave them in peace, as did the other crime families of their day. They got the benefit of law enforcement’s “blind eye.” Ianni observed that, in Giuseppe’s lifetime, “no immediate member of the Lupollo clan had ever been arrested.” Uncle Phil hung out in Washington, in a blue suit. “I have met judges, commissioners, members of federal regulatory bodies, and congressmen socially when I have been with Phil Alcamo,” Ianni wrote. At such meetings, “Phil openly discusses the needs of the family where government is concerned and often asks for advice or favors. He also suggests favorable business investments or land-purchase opportunities and will ‘put someone in touch with someone who can do something for them.’ ” Apparently, no one in Washington during that period found anything unusual about a Mafia capo openly discussing “the needs of the family where government is concerned” and suggesting “favorable business investments” for the politicians and regulators whom he was lobbying.

The Federal Witness Protection Program did not yet exist; federal wiretaps weren’t admissible in court. Only the F.B.I. was properly equipped to tackle organized crime, and under J. Edgar Hoover the bureau saw targeting Communism and political subversion as its primary mandate. “As late as 1959, the FBI’s New York field office had only 10 agents assigned to organized crime compared to over one hundred and forty agents pursuing a dwindling population of Communists,” the attorney C. Alexander Hortis writes, in “The Mob and the City.” In the unlikely event that a mobster was arrested, Hortis points out, he could expect to walk. Between 1960 and 1970, forty-four per cent of indictments of organized-crime figures in courts around New York City were dismissed before trial. In that same ten-year period, five hundred and thirty-six mobsters were arrested on felony charges, but only thirty-seven ended up in prison.

Hortis retells the story of the famous Apalachin incident, in 1957, when several dozen mobsters from around the country gathered at the upstate New York property of Joseph Barbara, Sr., for a weekend retreat. The get-together was broken up by the police. Some of the mobsters ran into the surrounding woods—and the resulting arrests led to congressional hearings and headlines. How did this happen? By chance, a detective ran into Barbara’s son at a local motel and eavesdropped on his conversation. He drove by the Barbara estate, saw lots of fancy cars, ran their plates, and called in reinforcements. The subsequent grand-jury investigation, Hortis says, was a “farce.” One mobster claimed that he had dropped in while on an olive-oil sales trip. Another said that he had had car trouble. A third said that he had heard there was free food. Twenty mobsters were convicted on conspiracy charges, and all twenty convictions were reversed on appeal.

That’s why the crooked ladder worked as well as it did. The granddaughter could end up riding horses because the law—whether from indifference, incompetence, or corruption—left her gangster grandfather alone.

The idea that, in the course of a few generations, the gangster can give way to an equestrian is perhaps the hardest part of the innovation argument to accept. We have become convinced of the opposite trajectory: the benign low-level drug dealer becomes the malignant distributor and then the brutal drug lord. The blanket policing imposed on 6th Street is justified by the idea that, left unchecked, Mike and Chuck will get worse. Their delinquency will metastasize. The crooked-ladder theorists looked at the Mafia’s evolution during the course of the twentieth century, however, and reached the opposite conclusion: that, over time, the criminal vocation was inevitably domesticated.

One of the dominant organized-crime figures on Long Island during the nineteen-seventies and eighties was a former garment manufacturer named Salvatore Avellino, and Avellino’s story is an example of the crooked ladder in action. It is a good bet that Ianni’s Lupollos dealt with Avellino, because they were in the garbage business and Avellino was the king of “carting” (as it was known). He was the de-facto head of a trade association called the Private Sanitation Industry Association; it represented a cluster of small, family-owned carting companies that picked up commercial and residential garbage in Nassau and Suffolk Counties. Each carter paid membership dues to the P.S.I., a portion of which Avellino dutifully passed on to the Lucchese and Gambino crime families.

Avellino was a gangster. He would burn the trucks of those who crossed him. He eventually went to prison for his role in assassinating two carters who refused to play along with the P.S.I. But, in other ways, Avellino didn’t behave like a thug at all. He worked largely by persuasion and charisma. As the economist Peter Reuter observes in his history of the Long Island carting wars, Avellino’s mission was to rationalize the industry, to enforce what was called a “property rights” system among the carters. Individual firms were allowed to compete for new customers. But, once a carter won a customer, he “owned” that business; the function of Avellino’s P.S.I. was to make sure that no one else poached that customer. Avellino was, essentially, acting as an agent for the garbage collectors of Long Island, inserting himself between his membership and the marketplace the way a Hollywood agent inserts himself between the pool of actors and the studios.

Ordinary thieves act covertly. They hide their identity from the person whose money they are taking. Avellino did the opposite. He ran a public organization. The ordinary thief is outside the legitimate economy. Avellino was integrated into the legitimate economy. When it came to his P.S.I. members, Avellino acted not as a predator but as a benefactor. By Reuter’s estimates, Avellino’s cartel enabled P.S.I. members to charge their commercial customers fifty per cent more than would otherwise have been possible.

On one federal wiretap, Avellino was recorded speaking about a P.S.I. carter named Freddy, who, Avellino says, drove up to his house in a brand-new Mercedes, “the fifty-thousand-dollar one.” Avellino goes on, “So I walked out. It was a Sunday morning and I said, ‘Congratulations, beautiful, beautiful.’ He says, ‘I just wanted you to see it, ’cause this is thanks to you and to P.S.I. that I bought this car.’ ”

In his economic analysis, Reuter marvels at how scrupulously Avellino defended the interests of his carters. Avellino allowed the bulk of that fifty-per-cent margin to go to the carters and the unions—not to the Luccheses and the Gambinos. Reuter reports, with similar incredulity, about Avellino’s personal business dealings. He ran a carting company of his own, but as he expanded his business—buying up routes from other companies—he never demanded discounts. Here was the representative of a major crime family, and he paid retail. “Ya see, out here, Frank, in Nassau, Suffolk County . . . we don’t shake anybody down, we don’t steal anybody’s work, we don’t steal it to sell it back to them,” Avellino says, in another of the wiretaps. “Whenever I got a spot back for a guy because somebody took it, never was a price put on it, because if it was his to begin with and he was part of the club and he was payin’ every three months, then he got it back for nothin’, because that was supposed to be the idea.”

This restraint was, in fact, characteristic of the late-stage mobster. James Jacobs, a New York University law professor who was involved in anti-Mafia efforts in New York during the nineteen-eighties, points out that the Mafia had every opportunity to take over the entire carting industry in the New York region—just as they could easily have monopolized any of the other industries in which they played a role. Instead, they stayed in the background, content to be the middlemen. At New York’s Fulton Fish Market, one of the largest such markets in the country, the Mob policed the cartel and controlled parking—a crucial amenity in a business where time is of the essence and prompt delivery of fresh fish translates to higher profits. What did they charge for a full day’s parking? Twelve dollars. And when the Mob-controlled cartel was finally rooted out, how much did fish prices decline at the Fulton Fish Market? Two per cent.

In the mid-eighties, when Jacobs worked for the Organized Crime Task Force in New York, trying to rid the construction industry of racketeering, he said that the task force’s efforts “had no interest from the builders and the employers.” Those immediately involved in the business rather liked having the Mafia around as a referee, because it proved to be such a reasonable business partner. “This was a system that worked for everybody, except maybe the New York Times,” Jacobs said dryly.

“This is one of the most interesting things about the Mafia,” Jacobs went on. “They did business and cooperated. They weren’t trying to smash everybody. They created these alliances and maintained these equilibriums. . . . You’d think that they would keep expanding their reach.”

They didn’t, though, because they didn’t think of themselves as ordinary criminals. That was for their fathers and grandfathers, who murderously roamed the streets of New York. Avellino wanted to be in the open, not in the shadows. He wanted to be integrated into the real world, not isolated from it. The P.S.I. was a sloppy, occasionally lethal but nonetheless purposeful dress rehearsal for legitimacy. That was Merton’s and Ianni’s point. The gangster, left to his own devices, grows up and goes away. A generation ago, we permitted that evolution. We don’t anymore. Old Giuseppe Lupollo was given that opportunity; Mike and Chuck were not.

“The pioneers of American capitalism were not graduated from Harvard’s School of Business Administration,” the sociologist Daniel Bell wrote, fifty years ago, in a passage that could easily serve as Goffman’s epilogue:

The early settlers and founding fathers, as well as those who “won the West” and built up cattle, mining and other fortunes, often did so by shady speculations and a not inconsiderable amount of violence. They ignored, circumvented, or stretched the law when it stood in the way of America’s destiny and their own—or were themselves the law when it served their purposes. This has not prevented them and their descendants from feeling proper moral outrage when, under the changed circumstances of the crowded urban environments, latecomers pursued equally ruthless tactics.

Post external references

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    http://www.newyorker.com/magazine/2014/08/11/crooked-ladder
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