Bribes: Clean vs. Dirty Graft & Reporting Dirty Cops

[GrimLykReaper]

I’m a gringo who lives in So-Cal. I speak Spanish. I maintain an apartment in Tijuana because I enjoy mongering and find Baja to be a fun place to pass my time. (I typically send 1 to 3 days a week in TJ.)

Over the years, I’ve learned that my fellow Americans do not understand the difference between “clean graft” and “dirty graft.” Nor do they understand why bribes are culturally acceptable in Mexico. Perhaps I can explain.

Let’s start with dirty graft. Suppose a cop in TJ stops you, plants drugs on you, and threatens to take you to jail if you don’t pay a bribe. That’s “dirty graft.” Suppose you are driving down the street obeying the speed limit and a cop stops you for speeding. He tells you that unless you pay a bribe that you’ll have to follow him to the police station. That’s “dirty graft.” By now I hope you get the idea of what I mean by “dirty graft.”

“Dirty graft” is not culturally acceptable. If caught, a dirty cop can lose his job. The ability to make “easy money” is hard to resist and sadly greed has indeed bread some very corrupt cops in TJ. As long as dirty cops can make money without running the risk of getting caught "dirty graft" will continue. Since most tourists don’t know how the system works, they are easily intimidated and "pay up." Dirty cops know this. They also that few of their victims will file a compliant so they feel safe in shaking down tourists. (I hope the day comes that every victim of "drity graft" fights back.)

However, dirty cops are afraid of getting caught because they can lose their jobs. If they take you to jail—or before a judge—they know that something bad could happen to them. So almost always if you stand your ground once a dirty cop realizes you’re serious he’ll let you go. (By the way, in Tijuana judges are on duty 24 hours a day. You don’t wait until the next day for what in the US is called arraignment. You actually go before a judge before you are taken to jail. I wish it worked that way in the US.)

If a cop is going to take you to jail then he’ll cuff you and haul you off. If he’s willing to argue with you that is your sign that he isn’t serious about arresting you.

When arguing with a cop in TJ be firm but remain calm and polite. Don't shout, cuss, etc. Respect is a big thing in Mexico. Almost always when gringos have serious problems with a cop it isn't becuase of what happened before they were stopped, rather it is because they "disrespected" the cop after being stoped.

As I say, the culture condemns “dirty graft.” “Clean graft,” however, is culturaly acceptable. It is seen as being akin to giving a waiter or waitress a tip for good service. Let me try to explain.

Suppose you run a stop sign. You broke the law, but you didn’t hurt anybody. (The part about not hurting somebody is of the essence.)

What happens in the US when you break something like a traffic law? You get a ticket. You either pay it or have to go to court. That takes time and is a “hassle.” This is what happens in TJ: you get your choice of spending your time going to court or you can simply pay the cop. Remember, you are guilty so the court will make you pay a fine. The cop feels he did you a service by saving you the time and hassle of going to court. (See why a bribe is viewed as being akin to a tip for good service?)

If you complain about a cop taking “clean graft” (as opposed to “dirty graft”) it is likely that nobody will care. (Me too!) Let me explain.

In the US people pay a lot of tax money to cover the salaries of the cops. In Mexico they don’t pay the cops much. It isn’t necessary because the cops are being paid by those who break the law. This saves those who obey the law from having to pay taxes for law enforcement.

Of course, the culture expects cops to only take bribes when (1) somebody actually broke the law and (2) nobody got hurt in the process. That’s “clean graft” and it’s culturally acceptable.

Naturally this results in selective enforcement. Cops know gringos have more money than locals. So they watch gringos very carefully looking for the slightest violation of the law.

Let me give you an example. The law in Mexico for most medications (category IV onward) requires a person to have an Rx from a Mexican physician to buy the medication. Because the pharmacy doesn’t have to see the Rx or keep records many people (including even some pharmacies) believe an Rx isn’t leagally required.

(There is a purpose behind what to those in the US seems strange. Many Mexicans are too poor to see a doctor. So they go to a pharmacy and ask the pharmacist what to take. Obviously, this isn’t as good as seeing a doctor, but it is much better than letting grocery stores sell medications or having sick people go untreated. Poor people are taking medication under some sort of medical supervision.)

If a local goes into a pharmacy and buys medication without an Rx the cops almost never do anything about it. However, if they see a gringo buy medication they look on it as having won the lottery. A gringo just broke the law—and he has money to pay a bribe!

In Mexican culture the example above is not a shakedown. The person did indeed break the law. (Selective enforcement is not a valid defense in Mexico.) In Mexico a shakedown is when somebody who didn’t break the law is made to pay a bribe; that's "dirty graft." “Clean graft” is when somebody who broke the law is made to pay a bribe. That's culturally OK, because maybe next time he won't break the law.

Shakedowns are actually fairly rare. However, gringos being stopped after breaking the most minor of laws is not rare.

Additionally, Mexican law give the cops a lot of rights to stop and search a person than is the case in the US. The cops will often stop and search a gringo hoping they will be able to catch him breaking the law. (Drugs, weapons, etc.) Usually if they don’t find anything wrong they send him on his way, with the contents of his wallet intact.

Since gringos don’t understand either the cultural or the search and seizure laws they think the cops did something wrong. However, accroding to both the law and the culture the cops didn't do anything wrong.

If you have been the victim of “clean graft” then my advice is next time to obey the law. However, if you are the victim of “dirty graft” then I urge you to stand your ground and above all to report the incident. Many cops are actually fired for taking “dirty graft.”

Here's some useful information for reporting corrupt cops.

Police Extortion Complaints:
http://www.sindicatura.gob.mx

The Baja California Secretary of Tourism also publishes a safety guide at
www.discover bajacalifornia.com.

For U.S. State Department advisories, go to
http://travel .state.gov/mexico

Tijuana Phone Numbers
Emergencies: 066
Tourist Assistance Hotline: 078 in Tijanua
U.S. Consulate: 622-7400
Baja California State District Attorney's Office: 638-5206, 638-9184
Baja California State Visitor Assistance Office: 973-0424
Tijuana Office of Internal Affairs, Complaint Department: 688-2810
To call the these from the US, dial 011-52-664 and the seven-digit Tijuana number.