White-Collar Crime, Legal Sanctions, and Social Control

1977 ◽  
Vol 23 (3) ◽  
pp. 290-303 ◽  
Author(s):  
John C. Watkins
Keyword(s):  
White Collar Crime ◽  
White Collar ◽  
The Public ◽  
Criminal Sanctions ◽  
Theory Of Crime ◽  
Legal Sanctions ◽  
Unidimensional Theory ◽  
White Collar Offenders ◽  
State Of Affairs ◽  
Crime Causation

Recent literature on the control of white-collar crime has often glossed over the sociolegal effect of the attitudes held by persons charged with the responsibility of determining criminal guilt. In many cases, the factually guilty white-collar offender is not regarded by trial jurors as an offender. Contemporary legal sanctions are utilized only in those cases in which the public senses a real threat to its collective security. The crime problem is seen essentially as consisting of violent interpersonal offenses; the criminal law, predictably, has reacted to this form of deviance with its commonplace sanctions. On the other hand, crimes subsumed under the white-collar heading are often only lightly sanctioned even when brought to the attention of prosecuting authorities. The reason for this state of affairs is largely a unidimensional theory of crime causation- that crimequa crime is a problem peculiar to the lower socio-economic strata of society. White-collar offenders, coming as they generally do from the more affluent sector, are not perceived as "criminals" in the classic sense by the triers of fact. The "received opinion" of most lay jurors militates against their using criminal sanctions for the white-collar offender. They perceive crime as directly associated with a societal stratum that does not include those individuals who commit the majority of white-collar offenses. Hence juries are reluctant to convict white-collar criminals even when the law has been clearly violated.

Filling the Gap in White-Collar Crime Detection Between Government and Governance: The Role of Investigative Journalists and Fraud Examiners

2020 ◽  
Vol 2 (1) ◽  
pp. 36-46
Author(s):  
Petter Gottschalk
Keyword(s):  
Empirical Evidence ◽  
White Collar Crime ◽  
White Collar ◽  
Economic Crime ◽  
Private Policing ◽  
Theory Of Crime ◽  
The Media ◽  
Crime Detection ◽  
White Collar Offenders

This article suggests that investigative journalists in the media and fraud examiners in private investigations have the potential of filling some of the detection gap. Based on the theory of crime signal detection, this article suggests that investigative journalists are in the position of detecting white-collar crime scandals as they rely on tips and whistleblowing. Empirical evidence from Norway documents that the media disclose a significant fraction of crime stories that later result in prosecution and conviction of white-collar offenders. Empirical evidence from Norway does not document any contribution from fraud examiners in private policing of economic crime, as they typically conclude with misconduct, but no crime, often to the satisfaction of their clients.

Women and White-Collar Crime

2019 ◽  
Author(s):  
Mary Dodge
Keyword(s):  
Public Sphere ◽  
Insider Trading ◽  
White Collar Crime ◽  
White Collar ◽  
The Public ◽  
Female Crime ◽  
Corporate Executives ◽  
The Public Sphere ◽  
White Collar Offenders

Women and white-collar crime is a topic that has, overall, received little attention in the literature. Initially, women were omitted from discussion and research because of their lack of participation, though some early commentary focused on victimization. When Edwin Sutherland first drew public and academic attention to white-collar crimes, few women were employed in positions that were conducive to commit elite crimes related to occupations or professions. According to Sutherland, white-collar crime involved professional men in positions of trust. From 1939 until the 1970s, work on white-collar offenders and offenses was male-centric, which included both scholarly researchers who were exploring the topic and males committing the majority of crimes. Corporations and respected professionals, not women, were presented with a multitude of opportunities to engage in white-collar crimes with little or no serious consequences. Primarily male corporate executives, politicians, and medical professionals committed white-collar crimes that included, for example, activities such as price fixing, insider trading, bribery, insurance fraud, and Ponzi schemes. Women, who lacked opportunity outside the private sphere of the home, were less involved in crime overall and certainly were in no position to commit white-collar offenses. In the 1940s and 1950s, female crime was typically viewed as promiscuous, aberrant, and male-like behavior. Eventually, in the mid-1970s as more women moved into the public sphere seeking employment, early predictions by female scholars suggested that an increased involvement in white-collar crime was inevitable. The types of crimes committed by women, as noted by pioneering female scholars, were likely to expand beyond prostitution, check kiting, and shoplifting to white-collar offenses as opportunities became increasingly available in the public sphere. Gender inequality in most criminal endeavors continues to exist and more recent debates continue about the role of women in white-collar crime.

Kriminalpräventive Maßnahmen zur Bekämpfung von Fehlverhalten im Gesundheitswesen

2021 ◽  
Author(s):  
Angelika Reinelt-Broll
Keyword(s):  
Statistical Analysis ◽  
Crime Prevention ◽  
Public Discourse ◽  
White Collar Crime ◽  
Health Sector ◽  
White Collar ◽  
Evidence Based ◽  
The Public ◽  
Control Units ◽  
First Time

This study deals for the first time with evaluation questions in connection with the activities of the control units in accordance with § 197a SGB V, because the phenomenon of Healthcare-fraud as well as the demand for evidence-based crime prevention is increasingly becoming part of the public discourse. On the basis of a statistical analysis of activity reports from three reporting periods and a written questionnaire, the study shows the necessity of the activities of the control units regarding the fight against white-collar crime in the health sector and at the same time describes various factors increasing their effectiveness on an organisational and procedural level.

scholarly journals PERAN PEMERINTAH DALAM MENGANTISIPASI TERJADINYAPERSAINGAN USAHA TIDAK JUJUR BERDASARKANUNDANG-UNDANGNOMOR20TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

to-ra ◽  
2018 ◽  
Vol 3 (3) ◽  
pp. 628
Author(s):  
Muhammad Ferdian
Keyword(s):  
Intellectual Property ◽  
Geographical Indications ◽  
The Public ◽  
Criminal Sanctions ◽  
Legal Sanctions ◽  
Directorate General ◽  
Education Campaigns ◽  
The Government

Abstract Business competition is often found whose business competition is dishonest, especially towards trademarks. In terms of minimizing the occurrence of violations of unfair business competition, the government has a very im- portant role. The government needs to conduct socialization related to fair business competition on trademarks, by: conducting education, campaigns, providing understanding, providing training for of cers in the Directorate General of Intellectual Property, inviting the public in the ght against counterfeiting and imitation, and the exis- tence of monitoring, evaluation , and fostering by the Directorate General of Intellectual Property or the Business Competition Supervisory Commission (KPPU) and conducting strict reprimands and legal sanctions for business actors who continue to violate their business activities and are proven, then Law Number 20 Year 2016 concern- ing Trademarks and Geographical Indications , speci cally regulates the provision of criminal sanctions that are included in the provisions of Articles 100 and 102.   Keywords: business competition; dishonest; KPPU; legal sanctions.

White-Collar Crime

Criminology ◽  
2009 ◽  
Author(s):  
Sally S. Simpson
Keyword(s):  
Criminal Law ◽  
Chief Executive Officers ◽  
White Collar Crime ◽  
Chief Executive ◽  
White Collar ◽  
Street Crime ◽  
White Collar Offenders ◽  
Definition Of ◽  
Executive Officers

The meaning and definition of white-collar crime is deeply contested. Most criminologists recognize that white-collar crime is different from traditional “street” crime. Disagreements center on the scope of the behavior and who, ultimately, is classified as a white-collar offender. Generally, white-collar crimes are offenses conducted by guile or concealment that involve “upper world” offenders. Broad definitions of white-collar crime can include harmful acts which are not illegal (deviance) to more narrow definitions that are tied exclusively to violations of criminal law. Depending on which definition is used, white-collar offenders may include governments, businesses, chief executive officers, professionals, welfare cheats, and individuals who illegally download software or purposefully underreport income on their taxes.

Between Hackers and White-Collar Offenders

2011 ◽  
pp. 18-37 ◽  
Author(s):  
Orly Turgeman-Goldschmidt
Keyword(s):  
Empirical Data ◽  
White Collar Crime ◽  
White Collar ◽  
Demographic Characteristics ◽  
Computer Crime ◽  
Economic Gain ◽  
Face To Face ◽  
White Collar Offenders

Scholars often view hacking as one category of computer crime, and computer crime as white-collar crime. However, no study to date has examined the extent to which hackers exhibit the same characteristics as white-collar offenders. This chapter looks at empirical data drawn from 54 face-to-face interviews with Israeli hackers, in light of the literature in the field of white-collar offenders, concentrating on their accounts and socio-demographic characteristics. Hackers and white-collar offenders differ significantly in age and in their accounts. White-collar offenders usually act for economic gain; hackers act for fun, curiosity, and opportunities to demonstrate their computer virtuosity. Hackers, in contrast to white-collar offenders, do not deny their responsibility, nor do they tell a “sad tale.”

Women

2016 ◽  
Author(s):  
Mary Dodge
Keyword(s):  
Unethical Behavior ◽  
Reproductive Medicine ◽  
Corporate Crime ◽  
White Collar Crime ◽  
White Collar ◽  
Female Crime ◽  
Female Offending ◽  
White Collar Offenders ◽  
Elite Deviance ◽  
High Level

Women appear as white-collar offenders with far less frequency than do men, despite a contemporary workplace that offers more opportunities for female crime. High-level corporate positions for women that are conducive to elite deviance, however, remain relatively rare. Research on whether women are committing more white-collar crimes is inconclusive. On the victimization side of the equation, evidence is less equivocal. Both women and men are victimized by white-collar crime, but the nature of victimization is gendered. For some types of fraud, particularly reproductive medicine, women are more likely to be targets for illegal or unethical behavior. Occupational segregation increases the relative victimization risks for men and women in unique ways. This essay provides an in-depth exploration of female offending and victimization in occupational and corporate crime.

Breaking the Carnival Mirror

2017 ◽  
Vol 42 (3) ◽  
pp. 367-379
Author(s):  
Kenneth R. Culton ◽  
José A. Muñoz
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
White Collar Crime ◽  
White Collar ◽  
Street Crime ◽  
The Public ◽  
Policies And Procedures ◽  
Personal Experiences ◽  
The Rich

We present a reflexive paper assignment calling for students to report on their own family and/or personal experiences in order to answer the question, “From where does the greatest harm arise?” We find that, through the process of answering this question and sharing findings in class, students’ conception of criminality is broadened. Institutional forms of deviance and white-collar crime come to be understood as the real commonplace sources of harm while street crime is seen to be less common than typically imagined. The book The Rich Get Richer and the Poor Get Prison: Ideology, Class and Criminal Justice by Reiman and Leighton informs this assignment. The authors make the case that the criminal justice system presents to us a carnival mirror-like image of what causes the greatest harm to the society. The criminal justice system, through its policies and procedures, leads the public to conceive of only a narrow and distorted depiction of criminality. The typical crime is thought to be person to person, violent, and carried out by the typical criminal, who is assumed to be black, young, and urban. In opposition to this carnival mirror view, Reiman and Leighton explain that certain institutions cause immensely more harm than that caused by street criminality.

scholarly journals Red Collar Crime

2015 ◽  
Vol 8 (1) ◽  
pp. 61 ◽  
Author(s):  
Frank S. Perri
Keyword(s):  
Law Enforcement ◽  
Workplace Violence ◽  
White Collar Crime ◽  
Case Analysis ◽  
White Collar ◽  
Behavioral Risk Factors ◽  
Behavioral Risk ◽  
Professional Groups ◽  
White Collar Offenders ◽  
Offender Profile

<p>Traditional viewpoints held by academic and non-academic professional groups of the white-collar crime offender profile(s) are that they are non-violent. Yet research has begun to unveil a sub-group of white-collar offenders who are violent, referred to as red-collar criminals, in that their motive is to prevent the detection and or disclosure of their fraud schemes through violence. This article is the first to discuss the origin of the red-collar crime concept developed by this author coupled with debunking white-collar offender profile misperceptions that have persisted for decades by offering current research on the anti-social qualities displayed by this offender group that predates their violence. Secondly, the article applies behavioral risk factors, such as narcissism and psychopathy, which contributes to our understanding of why some white-collar offenders may resort to violence while other white-collar offenders do not. Case analysis also draws upon gender distinctions, workplace violence and homicide methods used to illustrate that red-collar criminals are not an anomaly to ignore simply because they may not reflect the street-level homicides typically observed by society, investigated by law enforcement and studied by academia.</p>

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