Intellectual property and white-collar crime: report of issues, trends, and problems for future research

2005 ◽  
Vol 8 (4) ◽  
pp. 62-78 ◽  
Author(s):  
Annette D. Beresford ◽  
Christian Desilets ◽  
Sandra Haantz ◽  
John Kane ◽  
April Wall
Author(s):  
Andrea Schoepfer

Studies of white-collar crime have largely focused on the crimes and immoral and unethical actions of adults during the course of their legitimate occupations, yet adults are not the only offenders, and white-collar crimes don’t always require employment. By narrowing the focus to who can offend, we may miss out on a fuller understanding of the phenomenon. The specific category of “white-collar delinquency” has been proposed to address this gap in the research. The original conceptualization of white-collar delinquency focused on crimes of juveniles that are of major financial and social consequence. The concept largely focuses on computer crimes, fraud, and crimes of skill, including piracy, securities fraud, espionage, denial of service attacks, hacking, identity fraud, dissemination of worms and viruses, and other crimes that can result in serious economic harm. Just as juveniles engage in conventional street crime offenses as do adult offenders, they also possess the ability to engage in white-collar offenses as do adult offenders, and there is a need to study the two age groups separately, as motivations, influences, and opportunities may differ. The literature thus far has largely ignored juvenile involvement in white-collar crimes due to the nature of the phenomenon, the reliance on offender-based definitions, and the presumption of opportunities to engage in the actions. Some white-collar offenses that were historically committed exclusively by adults have a place in the juvenile community as well. This “migration” has taken place for a number of reasons, with the majority of them closely tied to the nearly limitless access juveniles currently have to technology. Due to the overwhelming popularity of personal computers in homes and marked advancements in technology, opportunities for hybrid white-collar crimes (e.g., credit card fraud, identity theft, hacking, phishing, general fraud, intellectual property theft, financial/bank fraud) have dramatically increased, yet criminological studies focusing on technology related crimes have, until recently, been relatively sparse, and studies of fraud have predominately focused on characteristics of the victims as opposed to the offenders. As access to computers and the internet grow, so too do opportunities to engage in these types of crimes. Juveniles are able to interact with others from the privacy of their own homes with the benefit of complete anonymity. This anonymity may contribute to the appeal of computer-related delinquency, as such acts involve almost no confrontation and no violence, and are individualistic in nature. These individualistic crimes may attract those who would normally avoid more conventional crimes that involve confrontation. Technology has opened the door for a new type of offender and new types of offending. Although it is difficult to identify an exact dollar amount, financial losses from serious computer crimes such as audio, video, and software piracy; security breaches; and intellectual property theft are likely to exceed the financial losses from conventional crimes, and it is therefore imperative that more attention be given to these types of crimes and perpetrators. Theoretical explanations for this new category of crime have not yet been fully explored for many reasons. First, technology advances much faster than the laws regulating behavior. Second, apprehension and prosecution for crimes of technology are relatively low, and thus little data exists for theory testing with these crimes and offenders. Finally, computer and technology crimes fall into a gray area; they are not necessarily either property crimes or traditional white-collar crimes. In criminology, computer crimes tend to fall into a “hybrid” or “other” category of white-collar crime and as such are often ignored in studies on white-collar crime. Furthermore, juveniles are often overlooked in white-collar crime research due to their status and limited access to opportunity. By proposing the term “white-collar delinquency,” researchers hope to bring more focus to the understudied topic of juveniles engaging in crimes of serious economic consequence.


2016 ◽  
Vol 57 (3) ◽  
pp. 385-415 ◽  
Author(s):  
Arjan Reurink

AbstractDespite the ubiquity of illegality in today’s financial markets and the questions this raises with regard to the social legitimacy of today’s financial industry, systematic scrutiny of the phenomenon of financial crime is lacking in the field of sociology. One field of research in which the illegal dimensions of capitalist dynamics have long taken center stage is the field of white-collar crime research. This article makes available to economic sociologists an overview of the most important conceptual insights generated in the white-collar crime literature. In doing so, its aim is to provide economic sociologists with some orientation for future research on financial crime. Building on the insights generated inwccliterature, the article concludes by suggesting a number of promising avenues for future sociological research on the phenomenon of illegality in financial markets.


2021 ◽  
Vol 5 (5) ◽  
pp. 26-36
Author(s):  
Hugh Grove ◽  
Maclyn Clouse ◽  
Tracy Xu

The major research question of this study is how boards of directors can monitor human resource reporting, especially with emerging reporting requirements from the U.S. Securities and Exchange Commission (SEC) for all domestic and foreign public companies listed on U.S. stock exchanges. Boards can develop advising and monitoring practices to help their companies meet the SEC’s human capital reporting requirements, as shown by the following topics discussed and analyzed in this paper: criticisms of the modernization of Regulation S-K by using principle-based versus rules-based disclosures; a way forward on the modernization of Regulation S-K; sustainability accounting standards; human resource accounting; board responsibility for white-collar crime risk; and collegiality conundrums. We find that a possible way forward in modernizing human capital reporting would be to combine a rules-based approach with a principles-based approach. We recommend boards to closely follow the United Nation’s Sustainable Development Goals and create opportunities to steer their companies towards a sustainable future. We also research the newly developed accounting standards to address human resource risks and promote sustainable human capital reporting. In addition, we identify the strategies for boards to monitor the risk of white-collar crime and highlight the balance between collegiality and effectiveness in the boardroom. Future research could use case studies and interviews of company boards to investigate how they have developed strategies and procedures to facilitate human resource management and reporting


2020 ◽  
Vol 74 (4) ◽  
pp. 405-431
Author(s):  
Joost H. R. van Onna

Abstract In order to understand the mechanisms that underlie involvement in white-collar crime on a personal level, 26 offenders convicted of a white-collar offence were interviewed. Building on theory and research from white-collar criminology, life-course criminology and moral psychology, findings show that a combination of criminogenic circumstances, weakened social bonds and adjusted moral ideas lead offenders down different pathways into white-collar offending. Although the process of crime involvement seems highly context-dependent in some instances, the interviews indicate that crime involvement is more commonly part of a long-running process, in which social bonds have weakened or moral ideas have been adjusted, which in turn influenced the decision to engage in the white-collar offence. Along with the limitations of the study and the directions for future research, the paper discusses the implications of the findings for white-collar crime research, in particular the complex role of morality in white-collar crime involvement.


2019 ◽  
Vol 26 (3) ◽  
pp. 881-896
Author(s):  
Dallas Hill ◽  
Hannah Scott

Purpose Many of the characteristics embodied by successful psychopaths, such as superficial charm, cool decisiveness and a grandiose self-worth, are often treated synonymously with corporate leadership qualities. Consequently, it is possible that successful psychopaths are actively being selected for corporate positions as they exemplify the perfect candidate. The purpose of the current study was to determine whether or not the recruitment for positions of higher social status are inadvertently seeking out individuals with psychopathic tendencies to run their companies using similar characteristics in their job advertisements. Design/methodology/approach The current study will provide a deeper understanding of successful psychopaths whilst exploring the role of the “Westernized” corporation in recruiting successful psychopaths into their businesses through character descriptions in 25 executive career advertisements using Wexler’s (2008) psychopathic Personality Dimensions And Positively Reinforced Corporate Labels. Findings The results demonstrated that corporations are seeking out characteristics that are synonymous to Factor 1 psychopathic personality traits, which could increase the propensity of successful psychopaths in the workplace. Research limitations/implications Although the sample was representative for the current study, the sample size is minimal. Further, most companies in the sample were taken from the public sector. Given the implicit sample bias, the results and conclusions must be interpreted with caution. Future research should expand the relationship between psychopathic personality traits and corporate labels in a broader context. Practical implications The results also allude to potential protective factors that could be put in place by corporations during their hiring process. These factors include measures for empathy and emotional IQ. Beyond the hiring process, it is suggested that incentive-based promotions should be lessened and replaced with incentives that promote care and respect for one another. Social implications Whilst the inability for the public to conceptualize white-collar crime as a true form of crime conducted by powerful individuals is apparent, it is suggested that change should begin with public awareness and academia. With additional research on psychopathy in the field of criminology and organizational psychology, public awareness can be amplified. Originality/value The current study allows for an interdisciplinary perspective towards the concept of successful psychopathy by highlighting the increased potential for corporate scams and white-collar criminality. Specifically, the current study introduces a psycho-social criminological perspective.


Author(s):  
David Weisburd ◽  
Elin Waring ◽  
Ellen F. Chayet

Think India ◽  
2014 ◽  
Vol 17 (3) ◽  
pp. 22-24
Author(s):  
Sreekumar Ray

Since inception, the growth of the Indian stock market has been constrained through unethical, illegal and self-actualized activities of swanky persons involved in different capacities in the market. The stock market was trying to retrieve itself from the devastating effect of Harshad Mehta share market scam, when within a gap of ten years it was once again pushed into the darkness of the dungeon by another demon-child of the country- Ketan Parekh. Corporations have been looted by the insider traders, diversifying internal information to an external in lieu of cash. Investigations in the majority cases have proved the involvement of the high ranking officers of the companies in the crime, sophistically referred to as white-collar crime. It has an adverse impact on the growth and sustainability of the share market. Under the light of the above issue, this paper endeavors to study the impact of such crime on the share market. It focuses on the mechanism behind the insider-trading, its impact on the share market and the regulators supervision on the issue. Finally, suggestions have been provided which will contribute towards the dream of every Indian-a fraud-free share market focusing towards the overall development of the country.


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