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criminal organization can conduct any kind of profitable criminal activity and that
lower organizational forms may be subsystem parts of a more complex rational
structure.
McIntosh (1975) questions the evolutionary character of Cresseys theory and
suggests that the dynamics of organizational growth and change are more diffuse
and context-bound. While Cressey sees ignorance or short-sightedness on the
part of criminals, or ineffective law enforcement by the police and other
regulators, to be impediments to the evolution of rational criminal organization,
McIntosh insists that there is no progressive tendency towards rational
centralization. It is normal and routine for crime networks to be diverse and
specific because in different social contexts the problems confronted by criminal
groups, and therefore the appropriate organizational solutions will vary (17). She
identifies four varieties of criminal organization: picaresque, craft, project, and
business.
Each of these is a type of organization for groups of criminals engaged in a
specific range of criminal activities in a specific type of society. For her, the
business organization, typical of racketeers who supply illegal goods and services
and who have gained some degree of immunity from legal control, is the largest
in scale and the most permanent and advanced in her typology. A business
organization is composed of a hierarchy of agents who engage in relatively
specialized activities and who are either paid by their superiors or offered a share
of the profits in a particular market sector. Business criminal organizations,
however, are more difficult to delineate than other criminal types. The division of
labour is the most complex, and business organizations need both to neutralize
state control through systems of corruption and acquire legitimacy by engaging in
legal business ventures, such as transportation, currency exchange, real estate,
food and beverage, entertainment, and the like (McIntosh 1975: 5058). The
boundaries of the organization are, therefore, often in flux, and methods such as
loyalties to criminal norms, violence, control over law-enforcement regimes, and
efficacious and profitable racket management are central in controlling
competitors, subordinates, and customers. As McIntosh puts it, a criminal
business organization depends, in a way that no other organizational system
does, on relationships with non-criminal sections of the society that are built up
interactively over time (58).
Cresseys and McIntoshs approaches share the same logic as ours: treating the
rationality of an organizational form as an explanation for its existence. Many
criminologists see social control as a reaction to deviance. They are chiefly
concerned to explain why people become deviant or else to investigate the
effectiveness of social control institutions. From our perspective, deviance does
not exist without social control, nor crime without law. Because we are concerned
with the pattern of relationships among individuals and not with individual
conduct per se, we deploy organizational concepts that can be combined and
recombined to explore the internal organization of computer-fraud teams in terms
of their criminal technologies and their division of labour, as these relate to the
legitimate gambling market milieu.
In attempting to analyze cyber-attacks on electronic gambling machines we ask,
What types of technical problems had to be overcome and solved for a successful
criminal outcome? What criminal division of labour was needed to accomplish the
illegal activity and how did it handle problems of opportunity, access and work
safety, property protection, site surveillance and detection, and relations with site
owners, other customers, and victims? and What do our findings contribute to the
study of computer crime?
the ALC and members of the RCMP who were involved in the criminal
investigation.
The cyber-attacks on electronic gambling machines
Computer crime has been defined broadly as any purposeful act associated with
computers where someone suffers a loss and another makes a gain. More
formally, it has been defined as the destruction, theft, or unauthorized or illegal
use, modification, or copying of information, programs, services, equipment, or
communication networks (Perry, as cited in Rosoff, Pontell, and Tillman 2002:
417). The Canadian Criminal Code defines computer crime under section 342(1):
every one who, fraudulently and without colour of right (a) obtains directly
or indirectly, any computer service, (b) by means of an electro-magnetic,
acoustic, mechanical or other device, intercepts or causes to be
intercepted, directly or indirectly, any function of a computer system, or
(c) uses or causes to be used, directly or indirectly, a computer system
with intent to commit an offence under paragraph (a) or (b) or an offence
under section 430 (mischief in relation to data) in relation to data or a
computer system is guilty of an indictable offence ... or an offence
punishable on summary conviction. (pt. IX, s. 342.1)
Using these definitional guidelines, computer crime can be usefully classified as
follows: (1) financial theft, (2) computer hacking, (3) electronic embezzlement,
(4) malicious sabotage, (5) espionage, and (6) phone phreaking. These
categories, however, are not mutually exclusive. Many sophisticated
embezzlements and financial crimes, for example, rely heavily on skilled
computer-hacking techniques as well as on computer espionage (Rosoff, Pontell,
and Tillman 2002).
Our case study is an example of computer fraud that combines categories (1) and
(2). Typically, these types of fraud and theft are committed by people from
outside a victimized organization and are similar to financial crimes committed
against banks, credit card companies, telemarketers, software producers, and
government agencies that result in millions of dollars of losses (Rosoff, Pontell,
and Tillman 2002). These illegal acts usually involve an intelligent computer
programmer who has the ability to access source codes or accounts, falsify
records or transactions, copy confidential information, bypass security
safeguards, and enter fraudulent data or sleeper programs into computerized
systems to steal money from legitimate sources.
Thefts and frauds involving electronic gambling machines have also deployed
ghost programs, near miss programs, and source-code thefts to manipulate
gambling machines to pay out on an arranged, predictable basis (Aronovitz 1997;
Rychlak 1989). Players were often the victims, although operators were
sometimes scammed by serious thieves. Most of these practices required
advanced planning, extensive information gathering, routine surveillance, and copartners working in the gambling industry (for similar analysis of other types of
rackets see Chambliss 1978; Einstadter 1969; McIntosh 1975; Skolnick 1980;
Rosecrance 1985, 1988, 1990; Ross 1987). In our case study, stealing computer
source codes was not possible. Gambling machines software and hardware
instead had to be disassembled and this necessitated especially advanced criminal
technologies and a criminal organization capable of executing frequent fraudulent
acts.
When the machine was changed ... there was still a flaw in it; what he was
able to do was save his nickel a plate because he knew that the thing
[machine] would iterate so many times in a minute. So all he had to do
was let it go wild for 17 minutes and he knew it moved ahead 3,000
games. Then he stopped it, then he would up his bet to $2.50, and so we
made it faster for him by improving it [machine] and made it cheaper for
him by improving it [machine].
Boot tracing and ghost programming
The second type of criminal technology required an advanced knowledge of the
logic area of the machines, as well as an ability to access them. When the bonus
prize reached a maximum value, that value was displayed on the game screen
and then awarded to the player. Although the master meters of the machine were
stored in critical memory, regularly copied in different physical random access
memories (RAMs), and made available to the regulator (ALC), the bonus meter
feature of the terminal was not part of critical memory. Consequently, RAM
storage was isolated in a single location in the VL machine and not regularly
validated. One general strategy attacked this bonus prize feature. Members of the
criminal group accessed and removed the machines back-up memory boards
from the main logic boards. This allowed them to observe the contents of RAM by
using a commercially available reader program, not unlike a machine code
monitor, which is used by crackers to pirate copy-protection codes on the
Internet, an operation known as boot tracing (Rosoff, Pontell, and Tillman 2002).
The crime group then located the bonus meter in RAM, inserted new instructions
that modified a back-up RAM board, which then manipulated the contents of the
bonus-meter memory logic to a score just below the bonus-meter maximum. At a
critical point, the modified RAM was reinstalled and the bonus-meter feature was
immediately triggered. The credit meter was then cashed out and returned to an
updated position. This fraud was accomplished successfully because (1) the
manufacturers hardware could be altered without their knowledge and detection;
(2) there was no internal check on the validity of the bonus-meter value and the
corrupt substitution of RAM; (3) the logic-access detection mechanisms were
easily disassembled and compromised; and (4) the event log registering evidence
of tampering in the machine could be erased without trace and the log pointer
stored in RAM could be re-set to a previous proper logic access. As one security
officer observed:
One of the individuals had a grade-12 education, maybe one year of
university ... and he is generally what we would call a hacker who had a
great deal of mobility. His family has been involved in the business for
some time, from the grey market to the legitimate market. And this
individual had access to the game chips. He was also very familiar with the
inside of the machine because one time he set up a similar system to what
we operate, on the reserves.
The second general strategy manipulated the payout schedule stored in the
EPROM5 of the machine to increase the payouts for a winning combination,
thereby raising the totals won and cashed out. This involved two distinct tactics.
First, the criminal team removed the EPROM from the terminal and scanned its
contents, using an EPROM programming device, to look for possible table
locations by searching for the sequence in the EPROM image. Then they copied
the contents of the EPROM and the contents of the relevant locations in the pay
table to a binary image, a process known as soft-lifting. Next, they increased the
monetary payout values found in these locations, modified the EPROM
accordingly, and experimented in their illegal computer software to reveal the
correct placement of the pay tables. Second, they undermined the EPROM
verification process. In many computer devices, internal checks on sums awarded
are computed over the entire contents of EPROM in order to prevent fraud.
However, in the case of these VL machines, check sums were reinitialized and
overwritten each time the terminals were powered on,6 thus allowing for
clandestine additional payouts. Changes to the ROM were undetected because the
check sum verification software did not register them. So the fraud team simply
determined the relevant memory locations for the pay tables, altered a copy of
the EPROM image, programmed a new image to a blank EPROM, and reinstalled
it. This meant that counterfeit values, when added to the EPROM pay tables, were
not easily discovered by either the manufacturer or the regulator.
Trap doors and down-lining
The third criminal technology involved placing a terminal in stand-alone mode,
without the knowledge of the regulator and its monitoring system. In effect, by
deploying micro-controller code and assembler programming language, the
criminal group made illegal terminals out of legal ones. First, they created a
custom-built board that manipulated the VL-computer back-up RAM. This custombuilt board consisted of a micro-controller with ROM storage, a serial port that
could be interfaced with a personal computer, and a connector for the VLcomputer back-up RAM board. Next, they either uploaded or downloaded the
contents of the VL-computer RAM to a personal computer, using this back-up
board. The micro-controller ROM on the back-up board was programmed to clear
RAM and modified to copy an image of an online, enrolled terminal to the RAM
before it was reinstalled in the VL terminal.7 This was not especially complicated,
as the gang had already outwitted the RAM protection system. In this instance,
however, the modified image was not a manipulation of the bonus meter; rather it
was a trap door technique, which deceived the enrolment system of the regulator
into believing that the VL machine was operating in playable, online mode, when
in fact it was in stand-alone mode.8 This was possible because upgraded copies of
EPROM images were easily obtained in the black market to overcome the latest
chip technology innovations. These images were installed in the regulators
terminals with relative ease, because the logic area locks supplied by
manufacturers were easy to access and because the monitoring system was
incapable of detecting network disconnections in real time.9
Criminal technologies, criminal organization, and computer crime
These criminal techniques suggest that this VL computer fraud was organized as a
series of crimes that were projects in themselves. Each involved separate
advanced planning and organization. Indeed, the illegal techniques were geared
to reducing the risk and uncertainty surrounding the criminal acts (McIntosh
1975). To start with, the criminal organization identified many of the strengths
and weaknesses of the computers electronic technology and calculated the risk
costs, before they even planned their deficit manipulations. As one investigator
put it, he had illegal and legal machines and equipment, this allowed him to
know or have expertise where the gambling industry was going in developing its
machines and games ... he had EPROMs which had new changes to them. These
hadnt even been introduced into Nova Scotia. The simulation methods used to
decode the RNG also reduced the dangers of recognition at the various fraud
sites. The speed of the crime increased progressively as the organization became
more experienced and effective in manipulating, copying, and altering software
and communicating with each other. One law enforcement officer observed,
They may play three or four games to get a sample to video back to the
mastermind sitting in the van. In the van his computer had more gigs to
get more (capacity to identify the pattern) ... this is how quick it was for
the scam to be conducted ... a matter of minutes. Once they picked the VL
machine they would stay there. If it took too much time to get where the
payouts would occur, they would change machines.
Similarly, the threat of being stopped or questioned by other players, customers,
and employees was neutralized by the skill of the criminal group in disguising
their communication devices (i.e., hidden cameras, video equipment, and twoway radios), in calibrating payouts and bonuses quickly, and in using multiple
lookouts, button pushers, and collectors to avoid suspicion. Detecting and
monitoring systems, which were designed to discover faults, corruptions,
substitutions, enrolments breakdowns, and unauthorized access to the machines,
were combatted by techniques that duped the manufacturers hardware and
software and tricked the regulators system into believing that its technology was
functional, when in fact it was being sabotaged. The risks of surveillance,
identification, apprehension, and prosecution were technically managed, so that
these project crimes could be committed repeatedly and relatively successfully for
a four-year period, without too much fear of corporate, regulatory, or police
discovery.
The core technologies, moreover, were embedded in a wider social organization,
which consisted of a network of 12 to 15 members, drawn from one small rural
community in northern Nova Scotia. They structured the financing costs,
monitored the flow of information, and conducted the crimes. The organization
included a technical expert, who planned the cyber-attacks; accomplices, who
cased machines, relayed information back and forth from the crime scenes to the
intelligence sites (usually located in strategically placed vans or in local hotel
rooms), executed the frauds, and collected the winnings; and lookouts, who
spotted for trouble. The boundaries of the criminal organization were not
especially rigid. Work relationships were routine but relatively informal and fluid.
Not all members were used in each and every fraud and the crime group did not
establish or monitor enduring employee relationships (Reuter 1985; Smith 1980).
Personal kinship relationships involving uncles, aunts, and cousins, however,
ensured trust, secrecy, and group integration that, in turn, protected the core
criminal technologies in the task environment from external scrutiny. No members
of the criminal family had previous criminal records and most of them were
unknown to the authorities in the gaming industry. No other computer frauds of
this nature were committed in the province at that time, so they were not in
competition with other crime groups.
The overall operation required little expenditure. Items such as laptop computers,
computer hardware and software, video equipment, and communication devices
were the major expenses. Betting capital, travel, and accommodation were
regular but minor costs. So the illegal enterprise did not tap economies of scale,
obtain external financing for their ventures, or advertise their services widely
(Reuter and Rubenstein 1982). The geographical scope of the crimes was
therefore local and was confined to rural communities in the central corridor of
Nova Scotia (an area of approximately 500 kms) and to the metropolitan Halifax
area. From October 1997 to June 1998 there were two to three known attacks a
week, which resulted in approximately ninety machines being defrauded. The
estimated take per machine was about $1,000, for a total take of $90,000. This
suggests that the grand total for four years of operation was approximately half a
million dollars.10 The distribution of illegal profits was egalitarian and the take was
divided evenly among all members who participated in specific cyber-attacks.
This criminal enterprise seems not to have been a group making money, in the
usual sense of accumulating, investing, and circulating capital. They restricted
their criminal practices to VL machines that typically had small progressive
payouts in the amount of $1,500. Nor did they deploy their criminal technologies
to defraud casino slot machines, where payouts were in the tens of thousands of
dollars. They preferred to take small winnings from easily available and widely
dispersed gambling sites, where they could fit in and return again. Members of
the fraud organization were not involved in either professional or other criminal
careers. One law enforcement officer observed, this was a group who got
together occasionally to commit these frauds just so they could say they did and
to get extra cash from the government. Most of their scams were for the purpose
of improving their lifestyles purchasing new clothes, expensive restaurant
meals, transportation, computer and communication equipment, and gifts for
family members and for the thrill of breaking into gambling computer systems.
As one law official quipped,
In his re-enactments he knew he could do some of the things he said he
could. The engineers believed he could do some of the things he said he
could. ... I think he was glad to be caught since he could demonstrate his
skills to the gaming personnel ... he was in his element and ... wanted to
demonstrate his proficiency to those attending the demonstration.
Not all the criminal technologies were practised equally. While the criminal group
displayed the capacity to attack the inner workings of gambling machines, they
restricted much of their known criminal conduct to external predictive techniques.
Nevertheless, their social organization required collusive arrangements with
legitimate business people who operated or owned legal gambling machines and
gambling sites (Haller 1990). Following Liddicks (1999) research on the numbers
gambling industry, which found that illegal gambling products were supplied by
both a criminal organization of numbers workers and a loose network of societal
players, like lawyers, police, and politicians, we found that the criminal group had
access to state-of-the-art legal gambling machines, illegal gaming devices, disc
identifiers and programs capable of compromising source codes, EPROMs, and
other computer components that could only be provided by legitimate
manufacturers or by licensed operators. As one law enforcement officer stated,
He had to be in collusion with the computer industry somewhere. ... He
was in the legal business for a time and he worked on machines before the
machines were legalized ... but no one could trace the EPROMs back to the
gaming industry but all who supplied him with legal equipment came
from outside the province. We could track back some equipment but it was
cumbersome. We know it came from outside the country.
These partnership arrangements were relatively easy to form, since some site
holders in the legitimate market were once operators in the illegal grey market.
When legalization occurred, they modified their machines to operate them around
a centralized, online, dial-up system.11 Swinging Bells was one machine that was
easily adjusted to meet the governments new registration and protection
standards. The motherboard on this machine was changed to include a refitted
dotted board over the original and a new Geneva processor chip. This allowed the
modified machine to be connected to a centralized, government enrolment
system. But as one technical consultant noted, this game was also ideally suited
for attack because it was less secure, and known by those working in the black
market. Technical knowledge, social friendship, and kinship ties forged over time
in the illegal market were the working nexus around which these cyber-attacks in
the legal market were practised routinely and successfully. One enforcement
officer noted,
Remember this person ... had inside information. ... I dont think a normal
person on the street, without the background, computer skills and desire
to defeat these devices could obtain the same result as this individual. ...
There is no individual I am aware of nationally or internationally that could
do what this individual did. ... Had this individual clammed up, no one
would know what he did or was capable of doing.
The criminal group also experimented with and perfected core technologies that
removed and re-engineered computer parts, reinstalled Trojan horses, and downlined gambling machines. These criminal techniques involved social arrangements
that required overt complicity or covert approval by venue operators or
employees. In some instances, machines were chosen in out-of-the-way places
that were difficult to observe by site holders and employees (i.e., in separate
rooms or corridors attached to bars or lounges). In other instances, a joint
venture between the criminal organization and a legitimate operator or an
employee was required to defraud both players and government of revenues. As
one technical investigator put it, the terminal [would] not be part of the daily
pull ... all profits [would] be directed to the on-site personnel. Arrangements to
accomplish this type of fraud included accessing the door detection system,
altering access records, creating connector arrangements between a VL machine
and a PC on site, overcoming terminal security measures, and exiting the site
without causing suspicion. As one security officer observed, If someone wants to
tamper with the machine, then it usually has to be collusion between an
employee and a site holder. ... If there is going to be financial gain, then it is the
site holder who has to reimburse to make everything look legitimate. While the
criminal group demonstrated these intrusive techniques on videotape for industry
and law enforcement officials, they were not practising them when they were
apprehended. Nor were their networks with legitimate site holders and their
employees uncovered, but such partnership arrangements likely existed. As one
criminal investigator put it, As far as we know, we do not think that they got into
any machines, but they were in the training phase. ... Remember one subject had
a family background in the gaming industry ... and spent time working in the
legal industry ... so who knows for sure ... ?
While there were collusive relationships between the criminal group and some
people working in the supply and software side of the gaming industry and some
site operators and their personnel, these relationships never formed into stable
dyadic alliances, with the primary purpose of furthering coordinated, collective
goals through illegal means (Albini 1971). Public and private officials were not
passively corrupted or recruited as agents peripheral to the criminal organization.
Nor did they assume the more dynamic role of managers or partners of the crime
group. The social organization of this VL fraud, then, was primarily a working
method for the pursuit of individual self-interest rather than for the development
of common goals. One law enforcement officer put it as follows: This wasnt an
organized group in the true criminal sense. ... I dont think they realized what
damage they could perpetrate, or if they did, they still only committed the frauds
when they wanted extra cash or to travel. Their crimes were conducted with
modest cash flows that, in turn, limited the growth potential of the organization.
The illegal enterprise did not accumulate capital or invest it in a manner that
increased criminal role specialization. So the criminal organization of this VL fraud
did not resemble an evolving, differentiated, integrated hierarchical pyramid but
rather a roadmap, with the lines that connected the various people and positions
Third, like many known computer fraudsters and hackers, these cyber-criminals
were eventually detected, arrested, and convicted, because they made mistakes
in orchestrating their attacks. The size of their network, the deployment of
personnel, the use of communication devices and vehicles, and their maximum
betting strategies meant that the criminal organization was able to conduct
routine attacks on valuable and well-protected property but only for a limited
period of time (McIntosh 1975). They became a subject of suspicion when they
used one collector too frequently to cash in huge payouts, one type of vehicle too
often to run their intelligence operations from, and one type of communication
device (cell phones) too carelessly to interact with gang members inside VL
locations.
Fourth, computer frauds are sometimes associated with acts that steal millions
and even billions of dollars from private financial institutions and government
agencies: US$21 million from the Wells Fargo Bank in San Francisco, $70 million
from the First National Bank in Chicago, and $10.2 million from the Security
National Bank in California (Rosoff, Pontell, and Tillman 2002: 426). But many
computer frauds do not operate on this scale. Mativat and Tremblay (1997), for
example, suggest that counterfeit credit card frauds in Canada in the 1990s were
not world-class frauds; rather most were small takes, conducted repeatedly over
time. In our study, the fraud organization also was not motivated by the pursuit
of the big score. Rather than generating grand profits, their cyber-attacks
supported subsistence incomes and lifestyles for group and family members.
Nevertheless, the technical expert wore his mastery of skills like a badge of
honour, as is common with many cookbook hackers, who break into computer
systems for the challenge of it as much as for the economic gain (Rosoff, Pontell,
and Tillman).
Finally, crime, gambling, and computers have grown together and will continue to
do so. The spread of computer technologies and gambling profits has resulted in
numerous, costly money-laundering operations, lottery frauds, cheats-at-play
schemes, and embezzlements and thefts from gambling sites (Beare and
Schneider 1990; Beare 1996; Campbell 1996; Ross 1987; Smith 1990; Smith and
Wynne 1999). A typical illegal gambling machine in Canada now nets
approximately CAN$83,000 a year, and an illegal bookmaking operation yields a
profit of over $1 million in wagers a week, when betting volume is high. Some
cheats-at-play schemes are international and involve dozens of players,
scamming many casinos, for millions of dollars (Smith and Wynne, 1999: 5556).
These developments have contributed to new crime control measures, such as
high-resolution video surveillance, miniaturized listening devices, increased
private security, and advanced anti-fraud systems, with firewall software that
shields private information from hackers and thieves. But developments in new
surveillance technologies and new hardware and software protection do not
necessarily mean the end of electronic gambling fraud. Rather, as McIntosh
(1995) notes, treating criminal organizations as rationally geared to handling the
technical problems of crime (73) which are the problems of negotiating social
control generally means that in all likelihood computer criminals will respond to
improved security technologies with more sophisticated criminal technologies.
This, in turn, adds to the dialectic of crime and crime control and continues a
never-ending cycle, where one computer group tries to outsmart another with the
latest keys, codes, tags, and seals. One law enforcement official speculated about
the control of future cyber-attacks in the gambling industry: I have been in law
enforcement for 20 years ... counterfeits, scams, thefts, and frauds get more
sophisticated as technical security features get more advanced.
Notes
11. There are a number of controlling, accounting, and collection systems: the
hard meter, the dial-up, and the online. The dial-up system revolves around one
central computer, which calls up each device at a specified time and records all
relevant information. The devices in gambling establishments are connected by
modem to a main computer and the main computer polls every VL machine once
every 24 hours. It is estimated by the ALC that approximately 12,000 grey
machines could not be connected to the dial-up system and these machines were
moved west to other Canadian provinces and to the northeastern United States.
12. Site holders determined the identity of fraud members by paying out winnings
by cheque. This resulted in the discovery of their addresses and the development
of extensive surveillance of their activities.
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