Trusted Criminals White Collar Crime In Contemporary Society

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ISBN: 9780534535629 | 0534535623
Cover: Paperback
Copyright: 8/5/2003

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This comprehensive text helps students understand the problems involved in studying white collar crime, explanations for crime, the principal focus of the crimes, and the character of the legal and criminal justice response to the crime.

Preface

xxiii

Acknowledgments

xxix

The Discovery of White Collar Crime

(31)

Edwin H. Sutherland and the Discovery of White Collar Crime

(2)

E. H. Sutherland: The ``Father`` of White Collar Crime Studies

(1)

Defining White Collar Crime

(8)

Some Issues of Debate on the Meaning of White Collar Crime

(1)

A Multistage Approach to Defining White Collar Crime

(3)

Trust and White Collar Crime

(1)

Respectability and White Collar Crime

(1)

Risk and White Collar Crime

(2)

Comparing White Collar Crime and Conventional Crime Offenders

(4)

Cross--Cultural and International Dimensions of White Collar Crime

(3)

The Social Movement against White Collar Crime

(1)

The National White Collar Crime Center

(1)

Images of White Collar Crime: The Role of the Media

(3)

The Media as Entertainment: White Collar Crime in Films and on TV

(1)

Exposing White Collar Crime

(10)

Informers and Whistle-Blowers

(3)

Muckrakers and Investigative Reporters

(3)

The Food Lion/ABC Primetime Live Case

(1)

The Consumer Movement, Public Interest Groups, and Labor Unions

(1)

The Internet and White Collar Crime

(1)

Ralph Nader and the Consumer Movement

(1)

The Role of Politicians and Political Institutions

(1)

Criminal Justice Professionals and Academics (Including Criminologists)

(1)

Discovering White Collar Crime, in Sum

(1)

Key Terms

(1)

Discussion Questions

(1)

Studying White Collar Crime and Assessing Its Costs

(25)

Underlying Assumptions and Different Perspectives

(1)

Specific Challenges in the Study of White Collar Crime

(2)

The Complex Nature of White Collar Crime

(1)

Gaining Access for Research

(1)

Obtaining Statistics

(1)

Obtaining Research Support

(1)

A Case Study: The Revco Medicaid Fraud Case

(1)

Research Methods for Studying White Collar Crime

(1)

Scholarly Research and White Collar Crime

(6)

Case Studies

(1)

Experiments

(1)

Surveys

(1)

Observational Research

(1)

Secondary Data Analysis and Event Historical Analysis

(1)

Archival Data Analysis and Historical Ethnography

(1)

Content Analysis

(1)

Comparative Studies of White Collar Crime

(1)

Students' Role as Researchers

(1)

Public Perception of White Collar Crime: How Serious Is It?

(1)

Measuring White Collar Crime: How Prevalent Is It?

(4)

Conventional Crime and White Collar Crime Rates

(1)

Victimization Surveys and Self-Report Studies

(1)

Measuring Specific Forms of White Collar Crime

(1)

The Need for Reliable Data

(1)

The Cost and Consequences of White Collar Crime

(3)

Direct Costs

(2)

Indirect Costs

(1)

Physical Costs

(1)

Other Costs

(1)

Victims of White Collar Crime

(6)

The Roles of Victims

(1)

Organizations as Victims of White Collar Crime

(1)

Specific Forms of Suffering of White Collar Crime Victims

(1)

Studying White Collar Crime and Assessing Its Costs, in Sum

(1)

Psychological Consequences of Fraud Victimization

(1)

Key Terms

(1)

Discussion Questions

(2)

Corporate Crime

(32)

The Historical Development of the Corporation and Corporate Crime

(1)

The Corporation in Society Today

(2)

A Typology of Corporate Crime

(1)

Corporate Violence

(12)

Corporate Violence against the Public: Unsafe Environmental Practices

(2)

The Exxon Valdez and Prince William Sound

(1)

Legal Challenges Continue

(1)

Corporate Destruction of a Community

(1)

Corporate Violence against Consumers: Unsafe Products

(3)

The Ford Pinto Case

(1)

Confronting a Far-Reaching Problem

(1)

Corporate Violence against Workers: Unsafe Working Conditions

(1)

The Production and Sale of Tobacco: Corporate Crime?

(2)

Asbestos and the Manville Corporation

(1)

The Complexity of Determining Culpability

(1)

The Film Recovery Systems Case

(1)

Corporate Abuse of Power, Fraud, and Economic Exploitation

(10)

Crimes against Citizens and Taxpayers: Defrauding the Government and Corporate Tax Evasion

(2)

Crimes against Consumers: Price Fixing, Price Gouging, False Advertising, and Misrepresentation of Products

(2)

Crimes against Employees: Economic Exploitation, Corporate Theft, Unfair Labor Practices, and Surveillance of Employees

(2)

The Enron Case and the Devastation of Employee Retirement Accounts

(1)

Crimes against Competitors: Monopolistic Practices and Theft of Trade Secrets

(2)

The Case against Microsoft

(1)

Crimes against Owners and Creditors: Managerial Fraud, Self-Dealing, and Strategic Bankruptcy

(3)

Are Universities and Colleges Corporate Criminals?

(1)

Corporate Crime, in Sum

(1)

Key Terms

(1)

Discussion Questions

(1)

Occupational Crime and Advocational Crime

(27)

Crimes by Small Businesses: Retail Crime and Service Fraud

(3)

Retail Crime

(1)

The Pharmacist and Drug Dilution: Occupational Crime as Violence

(1)

Defrauding Vulnerable People

(1)

Service Business Fraud

(1)

Crimes by Professionals: Medical, Legal, Academic, and Religious Crime

(11)

Medical Crime

(2)

Legal Crime

(2)

The Case of Roy Cohn: Corrupt Lawyer

(1)

Academic Crime: Professors, Scientists, and Students

(1)

Lawyers and the Abuse of Political Power

(4)

Religious Crime

103

(1)

Crimes by Professionals, in Sum

104

(1)

Employee Crime

104

(6)

The Case of Televangelist Jim Bakker

105

(1)

Forms of Employee Theft

106

(1)

Employers' Responses to Employee Theft

107

(1)

Alternative Forms of Employee Crime

107

(1)

Union Leaders Who Steal from Their Union Members

108

(1)

Some Factors in Employee Theft

108

(1)

Conditions in the Workplace and Employee Crime

109

(1)

Donkeys, Wolfpacks, Vultures, and Hawks: A Typology of Employee Theft

110

(1)

Employee Crime, in Sum

110

(1)

Occupational Crime, in Sum

110

(1)

Advocational Crime and White Collar Crime

111

(3)

Income Tax Evasion

111

(2)

A Case of Sales Tax Evasion

113

(1)

Other Forms of Advocational Crime

114

(1)

Key Terms

114

(1)

Discussion Questions

115

(1)

Governmental Crime: State Crime and Political White Collar Crime

116

(28)

Governmental Crime: Some Basic Terms

118

(1)

Governmental Criminality on an Epic Scale

119

(2)

The Threat of Nuclear War as Crime and Other Weapons of Mass Destruction

120

(1)

The Vietnam War

120

(1)

U.S. Military Activity in the ``New World Order''

121

(1)

Forms of State Criminality

121

(8)

The 9/11 Attack on America and Rogue States

122

(1)

The Criminal State

122

(2)

Adolf Hitler: The Greatest White Collar Criminal of the 20th Century?

124

(1)

The Repressive State

124

(2)

Suharto and the Looting of Indonesia

126

(1)

The Corrupt State

126

(1)

State Negligence

127

(1)

State Criminality, in Sum

128

(1)

State-Organized Crime

129

(1)

The White House and State-Organized Crime

130

(4)

State-Organized Crime and Federal Investigative Agencies

131

(2)

Police Crime

133

(1)

Political White Collar Crime

134

(9)

Political System Corruption

134

(1)

Corruption in the Electoral Financing Process

134

(1)

The Watergate Affair

135

(1)

Political White Collar Crime in the Executive Branch

136

(3)

Political White Collar Crime in the Legislative Branch

139

(2)

Political White Collar Crime in the Judicial Branch

141

(1)

Governmental Crime, in Sum

141

(1)

Police Corruption as a Form of ``Political`` White Collar Crime

142

(1)

Key Terms

143

(1)

Discussion Questions

143

(1)

State-Corporate Crime, Crimes of Globalization, and Finance Crime

144

(24)

State--Corporate Crime

144

(2)

State-Corporate Crime, Nazi Germany, and the Holocaust

145

(1)

Crimes of Globalization

146

(5)

Sweatshops in Developing Countries: Criminal Enterprises or Economic Opportunities?

148

(1)

The Role of the World Bank in a Global Economy

148

(1)

The International Monetary Fund, the World Bank, and the Case of Zaire

149

(1)

The Dam at Pak Moon: A Case of Global Crime Jessica Friedrichs

149

(1)

The World Bank and Crimes of Globalization

150

(1)

Finance Crime

151

(16)

Banking/Thrifts Crime: The Savings and Loan Mess

151

(2)

Banks and Investment Fraud

153

(3)

The Charles Keating Case

156

(1)

The BCCI Case

157

(1)

Insider Trading

157

(3)

The Corporate Takeover Controversy

160

(3)

Finance Crime and Financial Markets

163

(1)

Derivatives and Bankruptcy of Orange County

164

(2)

The Martin Frankel Case

166

(1)

Hybrid White Collar Crimes, in Sum

166

(1)

Key Terms

167

(1)

Discussion Questions

167

(1)

Enterprise Crime, Contrepreneurial Crime, and Technocrime

168

(23)

Enterprise Crime: Organized Crime and White Collar Crime

168

(7)

The Relation between Governmental Crime and Syndicated Crime

170

(1)

Historical Roots of Organized Crime

171

(1)

The Relation between Syndicated Crime and White Collar Crime

172

(1)

Joe Valachi of Cosa Nostra and Carl Kotchian of Lockheed

173

(1)

Hazardous Waste Disposal

173

(1)

Arson as a Form of Enterprise Crime

174

(1)

The Relation between Syndicated Crime and Finance Crime

174

(1)

The Looting of the Thrifts and Syndicated Crime

175

(1)

Contrepreneurial Crime: Professional Criminals and White Collar Crime

175

(9)

Joseph ``Yellow Kid'' Weil and the Big Con

176

(1)

Historical Origins of Professional Crime

176

(1)

The Relation between Professional Crime and White Collar Crime

176

(1)

Fraudulent Businesses: Swindles, Scams, and Rackets

177

(1)

The Fence

178

(1)

Fraud

178

(1)

A Contrepreneur's Advice to Potential Victims

179

(1)

Charity as Fraud

180

(2)

Pump and Dump: The Jonathan Lebed Case

182

(2)

When Fraud Leads to Violence

184

(1)

Technocrime

184

(5)

Technocrime Defined

185

(1)

Computer Crime

185

(2)

Identity Theft as White Collar Crime

187

(1)

The Law and Computer Crime

188

(1)

The Pursuit of Computer Crime Cases

188

(1)

Other Types of Technocrime

189

(1)

Key Terms

189

(1)

Discussion Questions

190

(1)

Explaining White Collar Crime: Theories and Accounts

191

(27)

Underlying Assumptions and Points of Departure

192

(1)

What Do We Want to Explain?

192

(1)

Explaining White Collar Criminality

193

(4)

The Biogenetic Explanation

193

(1)

The Demonic Explanation

194

(1)

Psychological Explanations

194

(3)

Mental Illness, Drug Addiction, and Intellectual Aptitude: Factors in White Collar Crime?

197

(1)

White Collar Delinquency

197

(1)

Sociogenic Explanations

197

(1)

Organizational Criminality and the Crimes of Organizations

197

(5)

Organizational Responsibility

198

(2)

The Various Dimensions of Organizational Criminality

200

(2)

Explaining Organizational Crime, in Sum

202

(1)

Explaining White Collar Crime: Theories and Perspectives

202

(6)

General Theories of Crime and White Collar Crime Theories

202

(1)

Classical Criminology and Rational Choice

203

(1)

A General Theory of Crime and Rational Choice

204

(1)

Alternative Dimensions of Crime and Choice

204

(1)

Social Control and Bonds

205

(1)

Social Process and Learning

205

(1)

The Moral and Sensual Attractions of White Collar Crime

206

(1)

Interactionism and Labeling

206

(1)

The ``Presentation of Self'' and White Collar Crime

207

(1)

Neutralization, Rationalization, and Accounts

207

(1)

Structural Strain and the Structure of Opportunity

208

(1)

Conflict Theory and Criminogenic Societies

209

(3)

The Structure of Contemporary Capitalist Society and White Collar Crime

210

(1)

Economic Wilding, Capitalism, and White Collar Crime

211

(1)

Radical and Critical Perspectives on White Collar Crime

211

(1)

White Collar Crime in a Postmodern World

212

(1)

Explaining Criminalization and White Collar Crime

212

(2)

Women as a Special Class of Victims of White Collar Crime

213

(1)

Integrated Theories of White Collar Crime

214

(1)

An Integrated, Multilevel Approach to Understanding the Enron et al. Cases

214

(2)

Explaining White Collar Crime, in Sum

215

(1)

Key Terms

216

(1)

Discussion Questions

217

(1)

Law and the Social Control of White Collar Crime

218

(24)

Social Control and White Collar Crime

218

(1)

Formal Law and White Collar Crime

219

(1)

The Historical Origins of White Collar Crime Laws

220

(1)

The Carrier's Case and the Law of Employee Theft

221

(1)

Contemporary Legislative Lawmaking and White Collar Crime

221

(4)

The Dialectical Perspective of Lawmaking

222

(1)

The Influence of Business on the Lawmaking Process

223

(1)

The Sarbanes--Oxley Act

224

(1)

Alternative Sources and Forms of Law and Lawmaking

225

(4)

The Constitution and Constitutional Law

225

(1)

Case Law

226

(1)

Executive Lawmaking

226

(1)

Administrative Law

227

(2)

A Selective Review of Substantive White Collar Crime Lawmaking

229

(6)

Antitrust Law

229

(2)

Occupational Safety and Health Laws

231

(1)

Environmental Protection Laws

231

(2)

The RICO Law

233

(1)

White Collar Crime Law and the Legal Curriculum

234

(1)

Civil and Criminal Law and White Collar Crime

235

(1)

Law, Corporations, and the Concept of Criminal Liability

236

(4)

Corporate Criminal Liability

236

(2)

A Comparative Perspective on Corporate Criminal Responsibility

238

(1)

Corporate Personhood and Corporate Decision Making

239

(1)

The Corporate Criminal Liability Controversy

240

(1)

Law and the Social Control of White Collar Crime, in Sum

240

(1)

Key Terms

240

(1)

Discussion Questions

241

(1)

Policing and Regulating White Collar Crime

242

(27)

Criminal Justice System Policing: Law Enforcement

242

(5)

State and Federal Enforcement Agencies

243

(1)

The FBI

244

(1)

The Inspectors General

245

(1)

The U.S. Postal Inspection Service

245

(1)

The U.S. Secret Service, U.S. Customs Service, and U.S. Marshals Service

246

(1)

The Internal Revenue Service's Criminal Investigative Division

246

(1)

The Regulatory System Response

247

(12)

The Origins and Evolution of Regulation

248

(1)

The Creation and Operation of Federal Regulatory Agencies

249

(1)

The Contemporary Debate on Regulation

250

(2)

The Regulatory Agency's Philosophy: Compliance versus Deterrence

252

(1)

Criticisms of Regulatory Agencies

253

(1)

Other Factors in Regulatory Response

254

(1)

Prominent Regulatory Agencies and Their Functions

254

(1)

Agency Capture

255

(2)

The SEC in Recent Years

257

(2)

Private Policing

259

(2)

Forensic Accountants as Fraud Detectives

261

(1)

The Role of Lawyers and Accountants Policing White Collar Crime

261

(4)

Lawyers and Professional Ethics

261

(2)

Accountants and Auditing Responsibilities

263

(2)

Self-Regulation: Internal Controls and Professional Associations

265

(3)

The Role of Corporate Boards in Self-Regulation

266

(1)

Self-Regulation in Financial Firms

266

(1)

Self-Regulation and the Professions

267

(1)

Policing and Regulating White Collar Crime, in Sum

268

(1)

Key Terms

268

(1)

Discussion Questions

268

(1)

Prosecuting, Defending, and Adjudicating White Collar Crime

269

(27)

Prosecution at the Local, State, and Federal Levels

269

(7)

Local Prosecutors

269

(2)

The Pinto Case: Prosecuting the Ford Motor Company

271

(1)

New York Attorney General Eliot Spitzer and Wall Street

272

(1)

State Attorney Generals

272

(1)

Federal Prosecutors

272

(2)

The Prosecution of Antitrust Cases

274

(1)

The Prosecution of Environmental Crime

274

(1)

Special Prosecutors (Independent Counsel)

275

(1)

The Role of the Grand Jury in White Collar Crime Cases

276

(1)

``Perp Walks'' for White Collar Crime Defendants

277

(1)

Defending White Collar Criminals

277

(3)

David Boies and White Collar Crime Cases

278

(2)

Adjudicating White Collar Crime: Plea Bargaining and Trial

280

(1)

The Role of the Trial Jury

281

(1)

Jurors and Punitive Damages

282

(1)

Judges and the Sentencing of White Collar Criminals

282

(6)

Sentencing

283

(1)

Explaining Disparity in Sentences for White Collar Offenders

284

(2)

Sentencing Organizational Offenders

286

(1)

Sentencing Guidelines and White Collar Offenders

287

(1)

White Collar Criminals in the Correctional System

288

(2)

House Arrest as Punishment

290

(1)

Civil Suits

290

(5)

SLAPPS: Strategic Lawsuits Against Political Participation

292

(1)

Citizen Suits and Class Action Suits

292

(1)

William Lerach: Shareholder Hero or Economic Terrorist?

293

(1)

The Role of Mediators and Arbitrators in the Settlement of Complaints

294

(1)

Collateral Civil Suits

294

(1)

Prosecuting and Adjudicating White Collar Crime, in Sum

295

(1)

Key Terms

295

(1)

Discussion Questions

295

(1)

Responding to the Challenge of White Collar Crime

296

(23)

Raising Consciousness of White Collar Crime

296

(1)

Policy Options for Responding to White Collar Crime

297

(1)

Responding to White Collar Crime as a Moral Issue

297

(4)

Do Moral Appeals Work?

298

(1)

Business Ethics Courses in the Curriculum

298

(1)

Business Ethics within the Business World

299

(1)

Shaming as a Response to White Collar Crime

300

(1)

Securing Compliance and Sanctioning White Collar Crime

301

(1)

Law and the Coercive Response to White Collar Crime

302

(3)

Civil Suits and Penalties

302

(1)

Cooperative versus Punitive Approaches to Corporate Crime

303

(1)

``Just Deserts'' and Corporate Crime

304

(1)

Deterrence and White Collar Crime

305

(1)

Rehabilitation, Probation, and Enforced Self-Regulation

306

(3)

Probation

307

(1)

Enforced Self-Regulation

307

(2)

The ``Devil's Advocate'' and Corporate Probation

309

(1)

Fines, Restitution, and Community Service

309

(2)

Sentencing Guidelines for Fines

309

(1)

Restitution

310

(1)

Community Service

311

(1)

Occupational Disqualification

311

(1)

Incarceration

311

(2)

Contractual Disqualification for Corporations

312

(1)

Organizational Reform and Corporate Dissolution

313

(1)

Responding to Residual Forms of White Collar Crime

314

(1)

Controlling Governmental Crime

314

(2)

Responding to White Collar Crime Internationally

315

(1)

Structural Transformation as a Response to White Collar Crime

316

(2)

Responding to the Challenge of White Collar Crime, in Sum

317

(1)

A Concluding Note: Trusted Criminals and White Collar Crime in the 21st Century

317

(1)

Key Terms

318

(1)

Discussion Questions

318

(1)

Appendix A: White Collar Crime Films

319

(3)

Appendix B: White Collar Crime and the World Wide Web

322

(3)

References

325

(70)

Subject Index

395

(12)

Name Index

407

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Trusted Criminals White Collar Crime In Contemporary Society

Summary

Author Biography

Table of Contents

Supplemental Materials