Criminal law and white-collar crime
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Institution Affiliation The concept of white-collar crime was first explained in the field of criminology by a professor known as Edwin Sutherland in the year 1941 (Sutherland, Geis & Goff, 1983). He defined this type of crime as a one which is committed by persons of respectability and high social class in the course of their occupation. Examples of such a crime include infringement of patents, false advertisements, publication of falsified information such as balance sheet for a particular business, concealment of defects in goods that are meant for sale and passing of products (Braithwaite, 1985). White collar crimes are such that the damage caused can spread to the whole public and to some extent the effect is always trifling.
According to Hartung white collar crimes as those offenses which violate the laws regulating business operations (Hirschi & Gottredson, 1987). The crimes have always been committed by firms or their agents for their benefits and survival in the harsh competitive market. Examples of such crimes that occur in the business environment include hoardings, overcharging of goods, and illegal trading. Infringement of foreign exchange regulations and import and export laws for substantial profit gains is also part of the crime (Sutherland et al., 1983). In the public health sector, white collar crimes are also witnessed. They include adulteration of foodstuffs and importation of edibles
White collar crime, as a rule, is less visible than conventional crime. A white collar crime, by definition, is a non-violent act involving deception, typically committed by a business person or public official. lawyershop.com
White Collar crime is not a crime unto it self, but instead a criteria that has to be met in order for a crime to be considered as White- Collar Crime; (Blount, 2002) hence the reason why Corporate Crime is also considered as White- Collar Crime. At the same time, White Collar Crime and Corporate Crime can be seen as distinct criminological categories, however, in order to reveal this, this essay will firstly be exploring Sutherland's definition of white collar crime and the perplexity with this definition of white-collar crime. It will then be looking at the modification which had to take place with Sutherland's definition of white-collar crime in order to established a distinction between white-collar and corporate crime.
White collar crime is often associated with crimes committed within businesses. These include different forms of fraud such as tax fraud, welfare fraud, money laundering, and property crime (Simpson & Benson, 2009: 42). These forms of white collar crime often have a huge impact on the welfare of the society in profound ways. For instance, according to an article authored by McGrath, a company that suffers losses from fraud must make up for this loss by for example raising the prices of its products. Hikes in prices would mean that consumers would be required to dig dipper into their pockets thus affecting their finances. The loss from fraud could also make the affected company to take drastic measures such as layoffs or implementing salary cuts for the employees (McGrath, n.d).
There was a time when white collar was not actually considered because of laws being particularly targeted for violent crimes. Nevertheless, times have changed for a better outcome dealing with white-collar crime. Even recent years have shown results. As stated by the FBI (2010-2011) During FY 2011, cases pursued by the FBI resulted in 242 indictments/information and 241 convictions of corporate criminals. Numerous cases are pending plea agreements and trials. During FY 2011, the FBI secured $2.4 billion in restitution orders and $16.1 million in fines from corporate criminals. So it is a newly developed crime
A white-collar crime by definition is a crime that is committed by individuals of higher status. It is not necessarily a violent crime, but could be depending on the situation. An individual who works in a professional environment, such as the government or corporation tend to take advantage of employees and manipulate them into thinking their practices are legitimate. Some examples, of white-collar crimes include fraud, embezzlement, insider trading, and other various crimes. However, individuals who involve them selves in drugs or stealing someone’s personal possessions commit street crime. For example, it tends to be violent depending on the situation and it usually happens in a public place or
Most people, when they hear the word “crime,” think about street crime or violent crime such as murder, rape, theft, or drugs. However, there is another type of crime that has cost people their life savings, investors’ billions of dollars, and has had significant impacts of multiple lives; it is called white collar crime. The Federal Bureau of Investigation defines white collar crime as
White-collar crime is defined as the financial motivations of non-violent crimes that are committed by professionals of business and those of the government. In the field of criminology, Edwin Suthelan (1939), a socialist who was the first person to define white-collar crime as a crime that respectable and those people of higher social status commit. The crimes include those associated with fraud, bribery, embezzlement, cybercrime, money laundering, theft of the identity and many more crimes that are nonviolent. For the white collar crimes, the offenses committed should produce some gains financially. The crimes are thereby committed by those persons holding various positions in businesses or organizations, and it is because of this position they can gain access to amounts of huge money that they get from the people like customers with whom they serve. The criminals involved are not caught in activities that are violent, involved in drug issues or illegal activities.
In 1939, American sociologist Edwin Sutherland introduced the phrase “white-collar crime”. White-collar crime is a nonviolent crime committed by a business or large corporations. They are usually scams or frauds to gain wealth in society. The people who are guilty of this crime lie, cheat and steal from investors of their company or business. Even though these crimes are non-violent, they have major impacts on the society. Their companies become non existent and families get destroyed. All of their life savings and savings for their children get taken away, and they become bankrupt. Not only does it affect their families, the investors who believed in their business lose millions or even billions of dollars.
In other words, white-collar crime is when an employee commits an illegal act to further themselves or the organization that employs them. According to Sutherland (1940), white-collar crime is commonly seen as "misrepresentation in financial statements of corporations, manipulation in the stock exchange, commercial bribery, bribery of public officials directly or indirectly in order to secure favorable contracts and legislation, misrepresentation in advertising and salesmanship, embezzlement and misapplication of funds, short weights and measures and misgrading of commodities, tax frauds, misapplication of funds in receiverships and bankruptcies" however, is not limited to these
White-collar crime occurs by the government agencies and different professional such as doctor, lawyer, pharmacist, contractor, and politician. People must have employed, non-violent and economical stable to committee’s white-collar crime. Nowadays, there are many types of the frauds are associated with the white-collar crime. Edwin Sutherland was described detailed information about white-collar crime in 1939. In technical terms the fraud is committed through a specific person in society and sometime the issues creates difficult to find actual result. Depending on the situations, there are many variation associated with the white-collar crime. The initial part consider with the personal and during this situation objective work with the individual
In this day and age, a corporation, family, or individual always has a potential risk of encountering fraud within their money supply. On average, fraud and abuse costs U.S. organizations more than $400 billion annually (Federal Bureau Investigation, 2010). Many may think that white collared crime is only money laundering or stealing, but that is only two out of the sum that countless culprits get away with. The term “white-collar crime,” originally coined in 1939 is synonymous with the full range of frauds committed by business and government professionals (Federal Bureau Investigation, 2010). These frauds include anything from bankruptcy fraud, money laundering, identity theft, corporate fraud to a wide number of threats all circling
White-Collar Crime consists of occupational crime and corporate crime. Occupational crime refers to offences committed against legitimate institutions businesses or government by those with "respectable" social status. It includes the embezzlement of corporate funds, tax evasion, computer crime and expense-account fraud. It is not every day that we hear about white-collar crimes but these non-violent crimes are on the rise to the top. Federal Bureau of Investigation states that USA, for example recorded white collar crimes amounting $300 billion every year (Cornell University, 2010). White-collar crime is relatively a new idea. It has many aspects that are practical for study and further interpretation to clear some of its dark areas. White-Collar Crime was once introduced by Edwin Sutherland in 1939 during his speech in American Sociological Society. The following crimes actually performed are Bribery, Extortion, Insurance, Fraud, Embezzlement, Cybercrime etc. People who participate in these criminal activities are highly powerful and respectful among the society. The following activities include description about White-collar Crime, Investigation of White Collar Crime and The Consequences of committing a White-collar Crime.
In this paper the exciting criminal phenomenon known as white-collar crime will be discussed. Corporate Crime and Computer Crime will be discussed in detail. Crime preventative agencies such as the NCPC (National Crime Prevention Council) will also be researched. White Collar Crime The late Professor Edwin Sutherland coined the term white-collar crime about 1941. Sutherland defined white-collar crime as "a crime committed by a person of respectability and high social status in the course of his occupation" (Siegel 337) White-collar crime includes, by way of example, such acts as promulgating false or misleading advertising, illegal exploitation of employees, mislabeling of goods, violation of weights and measures statutes, conspiring to
White collar crime is a serious issue in the United States. White-collar crime is “a crime committed by a person of respectability and high social status in the course of his occupation” (cornell.edu). Examples of such offenses include bribery, credit card fraud, insurance fraud, bank fraud, blackmail, extortion, forgery, securities fraud, tax evasion, embezzlement, repair scams, Ponzi and pyramid schemes. These non-violent crimes are responsible for an estimated $250 billion to $1 trillion in economic damages each year (Martinez). Individuals who commit white collar crimes have an increased likelihood to experience injustice compared to those who commit a street crime as noted in multiple studies detailed in various scholarly articles. Also, street criminals have a greater chance of getting caught in their wrongdoings versus white-collar criminals. Those who commit white collar crime make their decisions based on the philosophy or idea that their actions have low risk and a high reward. We face a dilemma in the United States because white-collar criminals are treated with minimal, inequitable punishment due to their social status, whereas the street criminals are treated with the correct, impartial punishment.
When we hear the word ‘crime,’ we automatically assume that it involves criminal or civil crimes. These crimes usually involve people in robberies, murders, or even injuries. However, there are also crimes that are committed by a company or a business. Business crimes or white collar crimes are crimes committed by a businesses or government professional. These crimes are often committed using confidential information attained by an individual to commit fraud. There are diverse types of white collar crimes, including tax fraud, telemarketing fraud, and insider trading.