Free Essay

Whit Collar Crime

In: Other Topics

Submitted By debbie49
Words 1042
Pages 5
Running Head: EXPLAINING WHITE COLLAR CRIME

White Collar Crime Explanation
Kaplan University
Deborah Llamas

CJ501P-01N
Professor Tom DiPaola
August 14, 2013 Bernard Madoff, appeared to be a cordial man with an alluring personality, however, despite his friendly demeanor Madoff had another side to him that was not as friendly and compassionate, he was considered to be withdrawn, cold, and unfriendly (Cresswell, & Thomas, 2009). Accordance to the video Maddoff was very rarely seen intermingling with the victims of whom he swindled millions of dollars, by means of hiring, Michael Bienes, and Frank Avellino, whom were responsible for bringing in clients with the promise of returns of potentially, 15% to 20% (Bienes, 2009).

I. Maddoff’s Behavior Explained. Accordance to the video it is obvious that Bernie Maddoff considered a psychopath defined in the following manner; psychopaths do not learn from experience, have no inclination of responsibility, do not obtain the means of controlling their dispositions, emotionally immature, and unable to develop meaningful relationships. Similarly, Madoff clearly obtained anti-social personality social disorder, he had the ability to manipulate people without having any feelings of guilt or remorse for his actions, he never considered the fact that the people he cheated out of their hard earned money. He never considered that his victims had their rights, appeared to be amiable yet was aggressive and authoritarian, he was a pathological liar, and felt that it was his right to defraud innocent friends and family to benefit his own selfish life style. On the other hand, he was deemed to callous and obtained no empathy for his criminal demeanor; Maddoff obtained the ability to gain the trust of his victims, believing he had their overall interest at heart (Schwartz, 2009). It is evident that Maddoff did indeed obtain most of the characteristics of anti-social personality disorder. II. White Collar crime laws White-collar crimes first addressed by Edwin Sutherland, which established that crimes committed typically by individuals of all social classes (Lilly, Cullen, & Ball, 2011). Accordance to (Geis, 2011), white-collar crimes are committed by methods involving pen, and or computer, in comparison to street crimes which involve, a gun or a knife. Consequently, unlike street crimes, white-collar crimes do not involve violence. Consequently, a vast variety of views on how white-collar crimes handled, however, one perspective is anticipating both a judge and jury’s verdict. In addition, significant amount of controversies remain relative to the fact that many white-collar crimes were not recognized as corporate criminal intent until New York Central and Hudson River Railroad Co. vs. the U.S. 1909 (Ivancevich, Duening, Gilbert, & Konopaske, 2003). Furthermore, corporate criminal white-collar crimes, incorporate two specific factors, imputation and identification theories. Imputation theory implies that the corporation is, by attribution, responsible for the intent and actions of their employees, apart from any acts proposed to benefit the employee only, at all levels in their organization's hierarchy. On the other hand, identification theory implies that the organization’s liability is direct when the individuals recognized with the corporation are performing on its behalf (Ivancevich, Duening, Gilbert, & Konopaske). Accordance to (Bennett, LoCicero, & Hanner, 2013), the United States (U.S.) Supreme court upheld that a firm may be held criminally responsible for their employee's illegal compensation of rebates to another company. In accordance to the civil law perception of vicarious liability, which implied accountability for the acts of its agents responsible for committing within the range of their power, therefore, the courts articulated that corporations face criminal legal responsibility for actions of the employees responsible for committing criminal acts within the span of their employment. Similarly, corporations held liable for their employees' crimes, also, companies no longer remain impervious Also, to criminal prosecutions, announcing that the courts will no longer allow the vast majority of business transactions in today’s times conducted through corporations. Also, politicians developed a significant amount of authoritarian agencies for monitoring corporate performances closely (Bennett, LoCicero, & Hanner). III. 21st Century Cultural Norms Accordance to (Pleyte, 2003), areas of cultural norms changes occurring related to white collar crimes, involve the precise increase the corporate crimes resulting from computer crime, international control on the economy leading for higher rates of white collar crimes, the levels of positions within the corporations structure. Consequently, the implication of white-collar crimes, such as the World com, and Enron scandal has had a definite impact on millions of victims; these victims dramatically affected because of their retirement funds eliminated as a direct result of these scandals. Furthermore, white collar crime, in regards to the numerous amounts of people resulting in absolute devastation on the victims of these scandals (Pleyte).

REFERENCE PAGE
Bennett, R. S., LoCicero, H., & Hanner, B. M. (2013). From Regulation to Prosecution to Cooperation: Trends in Corporate White Collar Crime Enforcement and the Evolving Role of the White Collar Criminal Defense Attorney. Business Lawyer, 68(2), 411-438. Retrieved August 14, 2013, from: Kaplan Library.
Bienes, M, (2009), Interview with Michael Bienes,Frontline, Retrieved August 14, 2013, from: http://www.pbs.org/wgbh/pages/frontline/madoff/interviews/bienes.html
Cresswell, J, & Thomas, L, (2009), The talented Mr. Maddoff, The New York Times, Retrieved August 14, 2013, From: http://www.nytimes.com/2009/01/25/business/25bernie.html?pagewanted=all&_r=0
Geis, G. (2011). White-collar and Corporate Crime : A Documentary and Reference Guide. Santa Barbara, Calif: Greenwood. Retrieved August 14, 2013, from: Kaplan Library.
Ivancevich, J. M., Duening, T. N., Gilbert, J. A., & Konopaske, R. (2003). Deterring white-collar crime. Academy Of Management Executive, 17(2), 114-127. doi:10.5465/AME.2003.10025206, Retrieved August 14, 2013, from: Kaplan Library.
Lilly, J. R., Cullen, F. T., & Ball, R. A. (2011). Criminological theory: Context and consequences (5th ed.). Thousand Oaks, CA: Sage Publications. Retrieved August 14, 2013.
Pleyte, M. (2003). White collar crime in the twenty-first century an interview with professor john poulos of university of california, davis, school of law.Business Law Journal, Retrieved August 14, 2013, from: http://blj.ucdavis.edu/archives/vol-4-no-1/White-Collar-Crime-in-The-Twenty-First-Century.html
Schwartz, A, (2009), Anti Social Personality Disorder and Bernard Madoff, Mental Health.net, Retrieved August 14, 2013, from: http://www.mentalhelp.net/poc/view_doc.php?type=doc&id=29087

Similar Documents

Free Essay

White Collar Crime

...White Collar Crime Angela L. Langley LEG 200 – White Collar Crime in Government, Business, and Labor Professor Thomas Demko Strayer University May 28, 2012 Assignment 1: Types of White Collar Crime A white collar crime is illegal and unethical, which violates the public trust. It deals with lying, cheating, and stealing by high profile individuals.  A single con can destroy a business, hurt families by cleaning out their life savings, or cost investors billions of dollars. “Devastating losses in relation to homes, businesses, jobs, retirement funds, and college savings were widespread. “It was clear that fraudulent misrepresentations on many levels were at the center of this crisis” (Friedrichs, 2010, p. 1). We will compare and contrast the nature of white collar crime with other types of illegal acts, compare and contrast the typical participants of white collar crime against the participants of other types of illegal acts, discuss the role of technology in white collar crime and how its role may create differences from other forms of crime, and analyze the role of opportunity and how it contributes to white collar crime. Compare and contrast the nature of white collar crime with other types of illegal acts. The key elements of white collar crimes are trust and its violation. “White collar crimes take on the form of misrepresentation, stealing, misappropriation, self-dealing, corruption, and role conflict” (Friedrichs, 2010, p. 10). White-collar crimes...

Words: 1251 - Pages: 6

Free Essay

Jhih

...Social class and crime Most studies in sociology suggest that the most serious and frequent offenders are young working class males. However, there may be a bias in the statistics that results in the idea that ‘white collar crime’ is underestimated... * WHITE COLLAR CRIME - middle class members of the business world - invisible and complex. * BLUE COLLAR CRIME - working class members in society - often visible and more likely to be punished. Sutherland (1949) first used the term ‘white collar crime’. He challenged the assumption that crime is mostly a working class phenomenon. However, his own definition is not helpful. The problem with it is that he does not distinguish crimes committed for an organisation. Writers have therefore distinguished between crimes: * CORPORATE CRIME - carried out on behalf of the organisation (e.g. tax evasion). * OCCUPATIONAL CRIME - benefits the individual at the expense of the organisation (e.g. embezzling money). White collar crimes are more technical, complex and discrete and often receive more lenient punishments than blue collar crimes. For white collar crimes, there is a fine line between what is acceptable and what is not. It is often about what is morally wrong rather than legally wrong. Occupational/Corporate crime: The study of these crimes developed from the work of Sutherland in the 1940s. He used the term white collar crime to refer to crime committed by people who worked in offices. His work overlaps with the interests...

Words: 2339 - Pages: 10

Premium Essay

White Collar Crimes and Price Fixing

...White Collar Crime: Embezzlement and Price Fixing Dr. Stokes White Collar Crime Fall 2012 November 19th 2012 This paper will discuss White Collar crime and the crime of price fixing, antitrust, and embezzlement. There are many different types of white collar crime. White Collar crime is a crime that is not too often viewed as harmful. A White Collar crime is an illegal act committed for monetary gain. The Federal Bureau of Investigation has opted to approach white-collar crime in terms of the offense. The Bureau has defined white-collar crime as “. . . those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property, or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.” (USDOJ, 1989, p. 3.) According to the F.B.I. White Collar crime is not a victimless crime. A single scam can destroy a company, devastate families by wiping out their life savings, or cost investors billions of dollars (or even all three, as in the Enron case). Today’s fraud schemes are more sophisticated than ever. Edwin Sutherland coined the term White Collar crime. In 1939 Sutherland coined White Collar as "a crime committed by a person of respectability and high social status in the course of his occupation". People that commit White Collar crime are ordinary...

Words: 1618 - Pages: 7

Premium Essay

Lying, Cheating, Stealing: White Collar Crime

...Cheating, Stealing: White-Collar Crime “Lying, Cheating, Stealing. That’s white-collar crime in a nutshell.” That is how the Federal Bureau of Investigation describes crime committed by corporations (FBI—White-Collar Crime). These crimes include fraud, identity theft, internet swindles, money laundering, price-fixing, embezzlement, political corruption, police brutality, and much more. Conklin (2010) defines white-collar crime as “any illegal act, punishable by a criminal sanction, that is committed in the course of a legitimate occupation or pursuit by a corporation or by an otherwise respectable individual of high social standing.” Who are white-collar criminals? Who are blue-collar criminals? What are the differences between white-collar crime and blue-collar crime? Is there disparate treatment in sentencing between white-collar and blue-collar criminals? If yes, should there be? For example, if someone breaks into my home, it is a blue-collar crime and I lose some property. If a banking or real estate corporation defrauds me, it is a white-collar crime, and I lose my home, savings, and/or pension. Who is the worse criminal, and what are we doing about it? I will research these questions and examine how these two types of criminals are treated within our society. In 1939, Edwin Sutherland coined the term white-collar crime in his presidential address to the American Sociological Society. In 1949, he authored a book, White- Collar Crime, that revealed a study...

Words: 1060 - Pages: 5

Free Essay

White Collar Crime vs Blue Collar Crime

...White Collar crime VS. Blue collar crime A big problem in today society is white collar crime and blue collar crime. The big question we ask in society is which one is a bigger problem. In my paper I will go into detail with each one and distinguish them between Micro sociology and Macro sociology. The big question being asked is what is white collar crime identified as and blue collar crime? White collar crime is defined as “illegal or unethical acts that violate fiduciary responsibility of public trust committed by an individual or organization, usually during the course of legitimate occupational activity, by persons of high or respectable social status for personal or organizational gain” (Helmkamp, Ball, & Townsend,1996, p. 351). (Cullen, Clark, Mather’s, & Cullen, 1983; Grabosky et al., 1987; Hauber, Toonvliet, & Willemse, 1988; Holland, 1995) felt back then that white collar crimes get neglected. There are only 24 out of 140 crimes that are categorized to be white collar crimes. Some examples that are white collar crimes are (i.e., price fixing, defrauding customers, and income tax fraud). Benson and Cullen (1998) examined the perceptions of white-collar crime seriousness from local prosecutors. The prosecutors did not typically perceive such crimes as serious; it was stated that, less than 4% of urban prosecutors considered corporate crime a “very serious” problem and about 50% did not regard it as serious at all. When crimes like this are committed I feel that the...

Words: 342 - Pages: 2

Free Essay

White Collar Crime Ca2

...Module 2, Writing Assignment 2 Essay Questions 1. Why is it helpful to have a topology of corporate crime, what are the main criteria used, and which criteria do you think are the most significant? A topology of corporate crime can be extremely helpful in recording data for evaluation. The separate concepts and dimensions of each topology can narrow an inquiry to a very particular subset of activities, victims and practices. A database search on more information of topologies within this subset of White Collar Crime yielded very few results. The author examines this from two broad categories. accounting for several factors within criminology or social science to allow a better study of the topic, in a more narrow scope. From these typologies, we can also draw numerous scientific values. The author uses the type of activity to study an area. The other typologies include, victims, such as the general public, consumers and employees. Another typology is the size of entity, such as the crime of a major domestic corporation. Thirdly, the product or service involved is another topology. Finally, the nature of the harmful activity. I believe the victim and type of activity are the most significant, because you will most likely have the most data to draw from. Victims will almost definitely report their loss if they suspect foul play; all the while the type of activity will be reported or derived from the victims report. These areas, in my mind, hold for quantitative data...

Words: 836 - Pages: 4

Premium Essay

White Collar Crime

...White collar crime The phrase white collar crime was first used by Edwin Sutherland in 1939 during a speech to the American Sociological Society. He defined white collar crime as a "crime committed by a person of respectability and high social status in the course of his occupation."(Sutherland, “White-Collar Criminality."). Today, white collar crime refers to illegal offenses that are generally committed in the business or professional setting (white collar versus blue collar jobs) to achieve financial gain. Crimes that do not involve physical violence, and that relate largely to financial matters, are often called white collar crimes. Corporate corruption is out of control for two main reasons. First, big companies are now multinational, while governments remain national. Big companies are so financially powerful that governments are afraid to take them on. It is very important to study the cause and the possible solution for the increase in numbers of white collar crime; our focus needs to shift from Blue Collar Crimes to White Collar Crimes. U.S.A spends nearly $50 billion on fighting Blue Collar Crimes, not even quarter of that amount is spent on fighting White Collar Crimes. Hardly a day passes without a new story of malfeasance. Every Wall Street firm has paid significant fines during the past decade for phony accounting, insider trading, securities fraud, Ponzi schemes, or outright embezzlement by CEOs. A massive insider-trading ring is currently on trial in New York...

Words: 2916 - Pages: 12

Free Essay

Forensic Accounting

...accounting scrutinizes the financial documents that are internal which aren’t readily available to the public; these documents are usually considered in litigation affairs. Generally, the field of accounting was undergoing a major overhaul; before the recent economic crisis that has devastated some parts of the western world, the accounting scandals regarding WorldCom and Enron pushed the field towards change. Accounting in general was put under scrutiny as a result of increasing white collar crime and the economic crisis pushed that process even faster and further. Ergo, there was an increasing need to have forensic accountants and the field in general needs proper development in its education system and practice for it to be effective. Overall, the laws of the developed world favor the ones who commit white collar crimes rather than a person robbing a convenience store with a gun. The problem with policymaking in the current democratic regimes is that it’s a paradox that allows white collar crimes like WorldCom and Enron to get away or only end up with a milder outcome than the robbers who may physically go out and do it with a gun. Of course, debating the overall of the current democratic systems is beyond the scope of this paper, but the evolution of democracy has led to this paradox in policymaking. The paradox is that there are two different ideologies that are responsible for creating policies; on one side there is the ideology to form policies based on the interests of...

Words: 1055 - Pages: 5

Free Essay

Prisoners Rights

...Society Tiffany Horvath SOC 305: Crime and Society Instructor: Efua Akoma October 28, 2013 If you asked 100 random people to describe a criminal, they would describe someone uneducated, in and out of the justice system, a minority or just a basic street criminal. “National surveys suggest that when Americans think about crime, they see the face of a black jobless high-school dropout from a broken home” (Society, 2013). “Federal researchers found, for example, that many prisoners are reasonably well-educated. More than six out of 10 prisoners are high school graduates, and many attended college. A majority of federal prison inmates and nearly half of all state prisoners are white or white Hispanic, not African American. More than four out of 10 prisoners were raised in two-parent families, and more than half had fulltime jobs before their arrest” (Society, 2013). Most people lose focus of the different kinds of criminals including white collar crime. “It’s important to understand that as white collar crimes evolved over the years, so too has the white collar criminal. It is this phenomenon that criminologists, sociologists, law enforcement, fraud examiners, and forensic accountants must take into consideration as they investigate white collar crimes. Credit card fraud, forgery, identity theft, internet schemes, larceny, mail fraud, and telemarketing fraud, do not require the perpetrator to be an executive within an organization. In fact, those who would...

Words: 954 - Pages: 4

Free Essay

Journal Research Paper

...ABSTRACT This paper clarifies around three white collar crimes, which had happened and exposed in news recently. These offenders are genuine experts, businessmen, acting like one of the respectable natives in the general public. This clarifies how person commit crime in agreed to profit, regardless of how respectable or rich you are, out of greed they commit crime and in no time gets caught and received what they supposed to receive. These sorts of unlawful acts influence them as well as demonstrate a huge impact on the economy, basic individuals lives may be exasperates, in this way prompting disturbances. Before finishing up, the paper discloses few stages to keep these law violations, or if nothing else not to turn into a casualty to these criminal acts. 1. White Collar Crime Case 1: May 29, 2015. Ex-legislator's Delco job stirs questions Who is involved? Joe Hackett ,who was with the Delaware County District Attorney's Office. How is the matter being addressed? When he unexpectedly surrendered from the state House a month ago, Joe Hackett said he was coming back to a $85,290-a-year work with the Delaware County District Attorney's Office following a five-year time away. In any case, because of an Inquirer ask for, the province's open-record office said Tuesday that it had no record that Hackett connected for an amplified leave past the one allowed for his initial two years in office under the work contract between the Brotherly Request of Police and the district. ...

Words: 1823 - Pages: 8

Free Essay

White Collar Crime Theories, Laws, and Process.

...Assignment 2--- White Collar Crime Theories, Law, and Processes Lucas McPherson Professor Dr. Matthew Miko LEG 200 – White Collar Crime in Government, Business, and Labor December 21, 2011. 1. Explain white collar crime in terms of various theories related to criminology and crime. There are several basic theories in which white collar crime can be explained relating to criminology and crime. We must look at several concepts and behaviors and take certain metaphysical, ontological, and epistemological assumption about the ultimate nature of reality and being into consideration. Example, is reality subjective or objective? Is causation simply a human construct, or is it something that can be definitively and objectively established? The latter were two questions to approach some explanation of the theories of white collar crime and the criminological concept of the offenders in this sector. There are the sociological, biogenetic, psychological, and sociogenic explanation to white collar criminology and crime. The most basic theory of criminality states that criminals are different in some fundamental way from non-criminals. Then the nature of the difference must be identified. On a Sociological level the propensity to commit crimes, is shown to vary among various segments of the population or among different organization. The biogenetic explanation of criminality became especially influential in the nineteenth century. This states that criminals...

Words: 1628 - Pages: 7

Premium Essay

The Strain Theory

...does an excellent job of explaining white collar crime, along with the contextual anomie/ strain theory. While examining this theory, it was discovered as the most compelling in our constant battle with white collar and corporate crimes. Ever since the beginning of recorded history man/woman has tried to achieve a better life, but not much has changed in today’s standards, since it can be said it is more now than ever. From television, and radio we see the American dream of home ownership, the ability to fit into the society with the latest gadgets. At the same time trying to further their education has its roots in the American dream of more pay, a better job, and the ability to retire all these things is associated with the American dream of more money. While reading this theory I took a closer look into what fuels the human mind in our society. White collar crime in most cases, according to the Strain Theory and my own beliefs is what fuel the human desire to be successful. Greed has always and always will be a driving force in our society, I see no relief in sight unless we as a society find some way that money is no longer the means to an end, but how would we survive without money. According to Merton (1957), he stated that not all individuals have the opportunity to success, including a lack of education, which may play a role in their race. Although, I find this theory to also be very unique in its opinion of white collar crime. Because, there was a time in America when...

Words: 911 - Pages: 4

Free Essay

Deeepwater

...8-1-2012 Deepwater, Deep Ties, Deep Trouble: A StateCorporate Environmental Crime Analysis of the 2010 Gulf of Mexico Oil Spill Elizabeth A. Bradshaw Western Michigan University, brads2ea@cmich.edu Follow this and additional works at: http://scholarworks.wmich.edu/dissertations Recommended Citation Bradshaw, Elizabeth A., "Deepwater, Deep Ties, Deep Trouble: A State-Corporate Environmental Crime Analysis of the 2010 Gulf of Mexico Oil Spill" (2012). Dissertations. Paper 53. This Dissertation-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Dissertations by an authorized administrator of ScholarWorks at WMU. For more information, please contact maira.bundza@wmich.edu. DEEPWATER, DEEP TIES, DEEP TROUBLE: A STATE-CORPORATE ENVIRONMENTAL CRIME ANALYSIS OF THE 2010 GULF OF MEXICO OIL SPILL by Elizabeth A. Bradshaw A Dissertation Submitted to the Faculty of The Graduate College in partial fulfillment of the requirements for the Degree of Doctor of Philosophy Department of Sociology Advisor: Ronald C. Kramer, Ph.D. Western Michigan University Kalamazoo, Michigan August 2012 THE GRADUATE COLLEGE WESTERN MICHIGAN UNIVERSITY KALAMAZOO, MICHIGAN June 29, 2012 Date WE HEREBY APPROVE THE DISSERTATION SUBMITTED BY Elizabeth A. Bradshaw ENTITLED Deepwater, Deep Ties, Deep Trouble: A State-Corporate Environmental Crime Analysis of the 2010 Gulf of Mexico Oil Spill AS PARTIAL FULFILLMENT OF...

Words: 81631 - Pages: 327

Free Essay

Fraud Schemes-Chicago

...fraud scheme | CrimesInChicago 5/4/13 11:59 AM CrimesInChicago CA T EGORY ARCHIVE S : FR AU D SC HE ME White Collar Crime and Prosecution Posted on February 1, 2013 by webmaster White-collar crime is skyrocketing! Tough economic times and the advent of hi-tech computer technology coupled with Wall Street fraud is proving tough times for all Americans. Who are the white-collar criminals? What is White-collar crime? How do these individuals arrive at a position of trust? What is law enforcement doing? Who will be affected next? Will you be next? A white collar crime is many times defined as a non-violent crime involving deception and/or trickery, typically committed by a business person, public official, or someone of high stature, trust, or authority. Evidence in a white collar crime usually involves a paper trail of evidence that investigators use to prosecute the case. Although this definition may be true, it is hotly contested within the community of experts that try to define “White-Collar Crime”. Many experts feel there are three main characteristics that categorize a white-collar criminal. Some experts believe that white-collar crime should be defined by the high socioeconomic status and/or occupation of trust that the offender has. Others believe that white-collar crime should be defined by the type of offense committed i.e., fraud, counterfeiting, forgery, embezzlement, bribery, larceny, price fixing, racketeering, computer fraud, obstruction of justice, and perjury...

Words: 1194 - Pages: 5

Free Essay

Sensory Perception

...Compare and contrast the nature of white collar crime with other type types of illegal acts. 2. Compare and contrast the typical participants of white collar crime against the participants of other types of illegal acts 3. Discuss the role of technology in white collar crime and how its role may create differences from other forms of crime. 4. Analyze the role of “opportunity” and how it contributes to white collar crime. Provide specific examples to support your response. When Edwin Sutherland first began his study/analysis under the Traditional Summary Reporting System, there was a limited amount of information available on White Color Crime. The white-collar offenses that are measured are fraud, forgery/counterfeiting, embezzlement, and all other offenses. Because white-collar crimes are not Index crimes, the only information available on these offenses is arrest information, which includes age, sex, and race of the arrestee. Additionally, all other offenses arrest category is very limited in its ability to measure the white-collar offenses included in its counts. This is due to the inability to differentiate the white-collar offenses from the others that also fall in this category. Based upon the most recently published data from the FBI, the arrest rates for the offenses of embezzlement, fraud, and forgery/counterfeiting are much lower than the arrest rates for property, crime, or for total crimes in general. In order to assess the utility...

Words: 1583 - Pages: 7