Trusted Criminals White Collar Crime In Contemporary Society

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ISBN: 9780495006046 | 0495006041
Cover: Paperback
Copyright: 6/6/2006

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TRUSTED CRIMINALS: WHITE COLLAR CRIME IN CONTEMPORARY SOCIETY is a comprehensive guide that covers topics ranging from the problems involved in studying white collar crimes to the principal focus of the crimes to the character of the legal and criminal justice response to the crime.

The Discovery of White Collar Crime

(30)

Edwin H. Sutherland and the Discovery of White Collar Crime

(2)

Box 1.1 E. H. Sutherland: The ``Father'' of White Collar Crime Studies

(1)

Defining White Collar Crime

(7)

Box 1.2 The Meaning of White Collar Crime: Some Issues under Debate

(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

(1)

Comparing White Collar and Conventional Crime Offenders

(4)

Box 1.3 Cross-Cultural and International Dimensions of White Collar Crime

(1)

Age

(1)

Class

(1)

Race

(1)

Gender

(1)

Other Demographic Variables and Differences

(1)

Criminal Careers

(1)

The Social Movement Against White Collar Crime

(1)

Images of White Collar Crime: The Role of the Media

(2)

Box 1.4 The National White Collar Crime Center

(1)

Exposing White Collar Crime

(11)

Informers and Whistleblowers

(1)

Box 1.5 The Media as Entertainment: White Collar Crime in Films and on TV

(1)

Box 1.6 ``Deep Throat'' and the Watergate Case

(2)

Muckrakers and Investigative Reporters

(4)

Box 1.7 The Internet and White Collar Crime

(1)

The Consumer Movement, Public Interest Groups, and Labor Unions

(1)

The Role of Politicians and Political Institutions

(1)

Box 1.8 Ralph Nader and the Consumer Movement

(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

(24)

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)

Box 2.1 A Case Study: The Revco Medicaid Fraud Case

(1)

Research Methods for Studying White Collar Crime

(1)

Scholarly Research and White Collar Crime

(5)

Case Studies

(1)

Experiments

(1)

Surveys

(1)

Box 2.2 Designing a White Collar Crime Survey: Some Challenges

(1)

Observational Research

(1)

Secondary Data Analysis and Event History Analysis

(1)

Archival Data Analysis and Historical Ethnography

(1)

Content Analysis

(1)

Comparative Studies of White Collar Crime

(1)

Students' Role as Researchers

(1)

Box 2.3 Public Perception of White Collar Crime: How Serious Is It?

(1)

Measuring White Collar Crime: How Prevalent Is It?

(5)

Box 2.4 Conventional Crime and White Collar Crime Rates

(1)

Victimization Surveys and Self-Report Studies

(1)

Box 2.5 Measuring Specific Forms of White Collar Crime

(1)

The Need for Reliable Data

(1)

The Costs and Consequences of White Collar Crime

(3)

Direct Costs

(1)

Indirect Costs

(1)

Physical Costs

(1)

Other Costs

(1)

Victims of White Collar Crime

(5)

The Role of the Victim

(1)

Box 2.6 Organizations as Victims of White Collar Crime

(1)

Specific Forms of Suffering of White Collar Crime Victims

(1)

Box 2.7 Psychological Consequences of Fraud Victimization

(1)

Studying White Collar Crime and Assessing its Costs, in Sum

(1)

Key Terms

(1)

Discussion Questions

(1)

Corporate Crime

(34)

The Historical Development of the Corporation and Corporate Crime

(1)

The Corporation in Modern Society

(3)

Box 3.1 ``It's Legal But It Ain't Right''

(1)

A Typology of Corporate Crime

(1)

Corporate Violence

(11)

Corporate Violence against the Public: Unsafe Environmental Practices

(2)

Box 3.2 The Exxon Valdez and Prince William Sound

(1)

Box 3.3 Corporate Destruction of a Community

(1)

Corporate Violence against Consumers: Unsafe Products

(4)

Box 3.4 The Ford Pinto Case

(1)

Corporate Violence against Workers: Unsafe Working Conditions

(1)

Box 3.5 The Production and Sale of Tobacco: Corporate Crime?

(2)

Box 3.6 Asbestos and the Manville Corporation

(1)

Corporate Abuse of Power, Fraud, and Economic Exploitation

(14)

Box 3.7 The Film Recovery Systems Case

(1)

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

(1)

Box 3.8 Halliburton, Vice President Cheney, and Iraq War Contracts

(2)

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

(3)

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

(1)

Box 3.9 The Enron Case and the Devastation of Employee Retirement Accounts

(1)

Crimes against Franchisees and Suppliers: Discount and Chargeback Frauds

(1)

Crimes against Competitors: Monopolistic Practices and Theft of Trade Secrets

(1)

Box 3.10 The Case against Microsoft

(1)

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

(2)

Box 3.11 Adelphia, HealthSouth, WorldCom, and Accounting Fraud

(1)

Are Universities and Colleges Corporate Criminals?

(2)

Corporate Crime, In Sum

(1)

Key Terms

(1)

Discussion Questions

(2)

Occupational Crime and Avocational Crime

(27)

Crimes by Small Businesses: Retail Crime and Service Fraud

(3)

Retail Crime

(1)

Box 4.1 Occupational Crime as Violence: Drug Dilution and Fake Asbestos Removal

(1)

Defrauding Vulnerable People

(1)

Service Business Fraud

(1)

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

(12)

Medical Crime

(3)

Legal Crime

(1)

Box 4.2 Lawyers and the Abuse of Political Power

(1)

Academic Crime: Professors, Scientists, and Students

(1)

Box 4.3 Plagiarism and Trusted Criminals

100

(1)

Box 4.4 Stealing from the School District

101

(3)

Religious Crime

104

(1)

Employee Crime

105

(7)

Box 4.5 Extravagant Executive Compensation: Just Reward or Grand Theft?

106

(2)

Forms of Employee Theft

108

(1)

Employers' Responses to Employee Theft

108

(1)

Box 4.6 Union Leaders Who Steal from Their Union Members

109

(1)

Alternative Forms of Employee Crime

109

(1)

Some Factors in Employee Theft

110

(1)

Conditions in the Workplace and Employee Crime

111

(1)

Box 4.7 Donkeys, Wolfpacks, Vultures, and Hawks: A Typology of Employee Theft

111

(1)

Avocational Crime and White Collar Crime

112

(3)

Income Tax Evasion

112

(2)

Box 4.8 A Record Case of Individual Tax Evasion

114

(1)

Other Forms of Avocational Crime

114

(1)

Occupational and Avocational Crime, In Sum

115

(1)

Key Terms

116

(1)

Discussion Questions

116

(1)

Governmental Crime: State Crime and Political White Collar Crime

116

(29)

Governmental Crime: Some Basic Terms

118

(1)

Governmental Criminality on an Epic Scale

119

(2)

Box 5.1 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)

Box 5.2 Post-9/11 Initiatives: Protecting Us against Terrorism or Perpetrating State Crimes?

122

(1)

The Criminal State

122

(2)

Box 5.3 Adolf Hitler: The Greatest White Collar Criminal of the 20th Century?

124

(1)

The Repressive State

125

(1)

The Corrupt State

126

(1)

Box 5.4 Suharto and the Looting of Indonesia

127

(1)

State Negligence

128

(1)

State-Organized Crime

129

(5)

The White House and State-Organized Crime

130

(1)

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)

Box 5.5 The Watergate Affair

135

(1)

Political White Collar Crime in the Executive Branch

136

(4)

Political White Collar Crime in the Legislative Branch

140

(1)

Political White Collar Crime in the Judicial Branch

141

(1)

Box 5.6 Police Corruption as a Form of ``Political'' White Collar Crime

142

(1)

Governmental Crime, In Sum

143

(1)

Key Terms

144

(1)

Discussion Questions

144

(1)

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

145

(28)

State-Corporate Crime

145

(3)

Box 6.1 State-Corporate Crime, Nazi Germany, and the Holocaust

146

(2)

Box 6.2 Military Contractors in Iraq: Corporate Warriors and the Halliburton Corporation

148

(1)

Crimes of Globalization

148

(5)

Box 6.3 Corruption in the Oil-for-Food Program

149

(1)

Box 6.4 Sweatshops in Developing Countries: Criminal Enterprises or Economic Opportunities?

150

(1)

The Role of the World Bank in a Global Economy

150

(1)

The World Bank and Crimes of Globalization

151

(1)

Box 6.5 The Dam at Pak Moon: A Case of Global Crime by Jessica Friedrichs

152

(1)

Finance Crime

153

(17)

Banking/Thrifts Crime: The Savings and Loan Mess

153

(3)

Box 6.6 Investment Banks: Wealth Producers or Large-Scale Fraudsters?

156

(3)

Box 6.7 The Charles Keating Case

159

(1)

Insider Trading

159

(1)

Box 6.8 The BCCI Case

160

(2)

Box 6.9 The Corporate Takeover Controversy

162

(4)

Box 6.10 Insider Trading and the Martha Stewart Case

166

(1)

Finance Crime and Financial Markets

166

(1)

Box 6.11 Fraudulent Conduct in the Mutual Funds and Hedge Funds Industries

167

(3)

Box 6.12 The Martin Frankel Case

170

(1)

Hybrid White Collar Crime, In Sum

170

(1)

Key Terms

171

(1)

Discussion Questions

171

(2)

Enterprise Crime, Contrepreneurial Crime, and Technocrime

173

(25)

Enterprise Crime: Organized Crime and White Collar Crime

173

(7)

The Relation between Governmental Crime and Syndicated Crime

175

(1)

Historical Roots of Organized Crime

175

(2)

The Relation between Syndicated Crime and White Collar Crime

177

(1)

Box 7.1 Joe Valachi of La Cosa Nostra and Carl Kotchian of Lockheed

177

(1)

Hazardous Waste Disposal

178

(1)

Box 7.2 Arson as a Form of Enterprise Crime

179

(1)

The Relation between Syndicated Crime and Finance Crime

179

(1)

Box 7.3 The Looting of the Thrifts and Syndicated Crime

180

(1)

Contrepreneurial Crime: Professional Criminals and White Collar Crime

180

(10)

Historical Origins of Professional Crime

181

(1)

Box 7.4 Joseph ``Yellow Kid'' Weil and the Big Con

181

(1)

The Relation between Professional Crime and White Collar Crime

181

(1)

Fraudulent Businesses: Swindles, Scams, and Rackets

182

(1)

Box 7.5 The Fence

183

(1)

Fraud

183

(1)

Box 7.6 A Contrepreneur's Advice to Potential Victims

184

(1)

Box 7.7 Advance Fee Frauds

185

(1)

Box 7.8 Charity as Fraud

186

(1)

Box 7.9 Pump and Dump: The Jonathan Lebed Case

187

(3)

Box 7.10 When Fraud Leads to Violence

190

(1)

Technocrime, Including Computer Crime

190

(6)

Technocrime Defined

191

(1)

Computer Crime

191

(2)

Box 7.11 Identity Theft as White Collar Crime

193

(1)

The Law and Computer Crime

194

(1)

The Pursuit of Computer Crime Cases

195

(1)

Other Types of Technocrime

195

(1)

Enterprise Crime, Contrepreneurial Crime, and Technocrime, In Sum

196

(1)

Key Terms

196

(1)

Discussion Questions

196

(2)

Explaining White Collar Crime: Theories and Accounts

198

(27)

Underlying Assumptions and Points of Departure

199

(1)

What Do We Want to Explain?

199

(1)

Explaining White Collar Criminality

200

(4)

Box 8.1 The Demonic Explanation

200

(1)

The Biogenetic Explanation

201

(1)

Psychological Explanations

201

(2)

Box 8.2 Mental Illness, Drug Addiction, and Intellectual Aptitude: Factors in White Collar Crime?

203

(1)

Sociogenic Explanations

203

(1)

Box 8.3 White Collar Delinquency

204

(1)

Organizational Criminality and the Crimes of Organizations

204

(5)

Organizational Responsibility

204

(2)

The Various Dimensions of Organizational Criminality

206

(2)

Box 8.4 Diffusion Theory and Intermediate Fraud

208

(1)

Explaining White Collar Crime: Theories and Perspectives

209

(6)

General Theories of Crime and White Collar Crime Theory

209

(1)

Box 8.5 Low Self-Control and White Collar Crime

210

(1)

Classical Criminology and Rational Choice

210

(1)

Alternative Dimensions of Crime and Choice

211

(1)

Box 8.6 The Moral and Sensual Attractions of White Collar Crime

212

(1)

Social Control and Bonds

212

(1)

Social Process and Learning

212

(1)

Interactionism and Labeling

213

(1)

Neutralizations, Rationalizations, and Accounts

213

(1)

Box 8.7 The ``Presentation of Self'' and White Collar Crime

214

(1)

Structural Strain and the Structure of Opportunity

215

(1)

Conflict Theory and Criminogenic Societies

216

(3)

The Structure of Contemporary Capitalist Society and White Collar Crime

216

(1)

Radical and Critical Perspectives on White Collar Crime

217

(1)

Box 8.8 Economic Wilding, Capitalism, and White Collar Crime

218

(1)

Box 8.9 White Collar Crime in a Postmodern World

219

(1)

Explaining Criminalization and White Collar Crime

219

(1)

Box 8.10 Women as a Special Class of Victims of White Collar Crime

220

(1)

Integrated Theories of White Collar Crime

220

(1)

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

221

(1)

Explaining White Collar Crime, In Sum

222

(1)

Key Terms

223

(1)

Discussion Questions

223

(2)

Law and the Social Control of White Collar Crime

225

(24)

Social Control and White Collar Crime

225

(1)

Formal Law and White Collar Crime

226

(1)

The Historical Origins of White Collar Crime Laws

227

(1)

Box 9.1 The Carrier's Case and the Law of Employee Theft

228

(1)

Contemporary Legislative Lawmaking and White Collar Crime

228

(3)

The Influence of Business on the Lawmaking Process

229

(1)

Box 9.2 The Dialectical Perspective on Lawmaking

230

(1)

Alternative Sources and Forms of Law and Lawmaking

231

(4)

The Constitution and Constitutional Law

231

(1)

Box 9.3 The Sarbanes-Oxley Act

232

(1)

Case Law

233

(1)

Executive Lawmaking

233

(1)

Administrative Law

234

(1)

A Selective Review of Substantive White Collar Crime Lawmaking

235

(6)

Antitrust Law

236

(1)

Occupational Safety and Health Laws

237

(1)

Environmental Protection Laws

238

(2)

The RICO Law

240

(1)

Box 9.4 White Collar Crime Law and the Legal Curriculum

241

(1)

Civil and Criminal Law and White Collar Crime

241

(1)

Law, Corporations, and the Concept of Criminal Liability

242

(5)

Box 9.5 Law Professor Stuart Green and the Moral Theory of White Collar Crime

243

(1)

Corporate Criminal Liability

243

(2)

Box 9.6 A Comparative Perspective on Corporate Criminal Responsibility

245

(1)

Corporate Personhood and Corporate Decision Making

246

(1)

Box 9.7 The Corporate Criminal Liability Controversy

247

(1)

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

247

(1)

Key Terms

248

(1)

Discussion Questions

248

(1)

Policing and Regulating White Collar Crime

249

(28)

Criminal Justice System Policing: Law Enforcement

249

(5)

State and Federal Enforcement Agencies

250

(1)

The FBI

251

(1)

The Inspectors General

252

(1)

The U.S. Postal Inspection Service

252

(1)

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

253

(1)

The Internal Revenue Service's Criminal Investigative Division

253

(1)

The Regulatory System Response

254

(12)

The Origins and Evolution of Regulation

255

(1)

The Creation and Operation of Federal Regulatory Agencies

256

(1)

Box 10.1 The Contemporary Debate on Regulation

257

(1)

The Regulatory Agency's Philosophy: Compliance versus Deterrence

258

(1)

Criticisms of Regulatory Agencies

259

(1)

Other Factors in Regulatory Response

260

(1)

Box 10.2 Agency Capture

261

(1)

Prominent Regulatory Agencies and Their Functions

261

(3)

Box 10.3 The SEC in Recent Years

264

(1)

Box 10.4 Protecting the Environment: Alternatives to Relying upon the EPA

265

(1)

Private Policing

266

(2)

Box 10.5 Forensic Accountants as Fraud Detectives

268

(1)

The Role of Lawyers and Accountants in Policing White Collar Crime

268

(4)

Lawyers and Professional Ethics

269

(1)

Accountants and Auditing Responsibilities

270

(2)

Self-Regulation: Internal Controls and Professional Associations

272

(3)

Box 10.6 The Role of Corporate Boards in Self-Regulation

273

(1)

Self-Regulation in Financial Firms

273

(1)

Self-Regulation and the Professions

274

(1)

Policing and Regulating White Collar Crime, In Sum

275

(1)

Key Terms

275

(1)

Discussion Questions

276

(1)

Prosecuting, Defending, and Adjudicating White Collar Crime

277

(30)

Prosecution at the Local, State, and Federal Levels

277

(7)

Local Prosecutors

277

(2)

State Attorney Generals

279

(1)

Box 11.1 The Pinto Case: Prosecuting the Ford Motor Company

280

(1)

Federal Prosecutors

280

(1)

Box 11.2 New York Attorney General Eliot Spitzer and Wall Street

281

(1)

The Prosecution of Antitrust Cases

282

(1)

The Prosecution of Environmental Crime

282

(1)

Special Prosecutors (Independent Counsel)

283

(1)

The Role of the Grand Jury in White Collar Crime Cases

284

(1)

Box 11.3 ``Perp Walks'' for White Collar Crime Defendants

285

(1)

Defending White Collar Criminals

285

(4)

Box 11.4 David Bodies and White Collar Crime Cases

286

(2)

Box 11.5 To Testify or Not to Testify

288

(1)

Adjudicating White Collar Crime: Plea Bargaining and Trial

289

(1)

The Role of the Trial Jury

290

(2)

Box 11.6 Jurors and Punitive Damages

291

(1)

Judges and the Sentencing of White Collar Criminals

292

(1)

Box 11.7 Reversal of Arthur Andersen Conviction Due to Jury Charge by Judge

292

(1)

Sentencing

292

(6)

Explaining Disparities in Sentences for White Collar Offenders

294

(2)

Sentencing Organizational Offenders

296

(1)

Sentencing Guidelines and White Collar Offenders

297

(1)

White Collar Criminals in the Correctional System

298

(3)

Box 11.8 House Arrest as Punishment

300

(1)

Civil Suits

301

(4)

Box 11.9 SLAPPs: Strategic Lawsuits against Public Participation

302

(1)

Box 11.10 William Lerach: Shareholder Hero or Economic Terrorist?

303

(1)

Citizen Suits and Class Action Suits

303

(1)

Collateral Civil Suits

304

(1)

Box 11.11 The Role of Mediators and Arbitrators in the Settlement of Complaints

305

(1)

Prosecuting and Adjudicating White Collar Crime, In Sum

305

(1)

Key Terms

306

(1)

Discussion Questions

306

(1)

Responding to the Challenge of White Collar Crime

307

(25)

Raising Consciousness about White Collar Crime

307

(1)

Policy Options for Responding to White Collar Crime

308

(1)

Responding to White Collar Crime as a Moral Issue

308

(3)

Box 12.1 Do Moral Appeals Work?

309

(1)

Business Ethics Courses in the Curriculum

309

(1)

Business Ethics within the Business World

310

(1)

Box 12.2 Can a Corporation Be Ethically Transformed? The Case of Tyco

311

(1)

Securing Compliance and Sanctioning White Collar Crime

311

(2)

Box 12.3 Shaming as a Response to White Collar Crime

312

(1)

Law and the Coercive Response to White Collar Crime

313

(2)

Civil Suits and Penalties

314

(1)

Compliance versus Punitive Approaches to Corporate Crime

314

(1)

Deterrence and White Collar Crime

315

(3)

Box 12.4 ``Just Deserts'' and Corporate Crime

316

(2)

Box 12.5 A ``Chief Criminologist'' for the SEC?

318

(1)

Rehabilitation, Probation, and Enforced Self-Regulation

318

(2)

Probation

318

(1)

Box 12.6 The ``Devil's Advocate'' and Corporate Probation

319

(1)

Enforced Self-Regulation

319

(1)

Fines, Restitution, and Community Service

320

(2)

Sentencing Guidelines for Fines

321

(1)

Restitution

322

(1)

Community Service

322

(1)

Occupational Disqualification

322

(1)

Box 12.7 Contractual Disqualification for Corporations

323

(1)

Incarceration

323

(1)

Organizational Reform and Corporate Dissolution

324

(2)

Box 12.8 Citizen Works Proposals for Cracking Down on Corporate Crime

325

(1)

Box 12.9 A Stakeholder Model for Corporations: Costco and Whole Foods

326

(1)

Responding to Residual Forms of White Collar Crime

326

(1)

Controlling Governmental Crime

326

(2)

Box 12.10 Responding to White Collar Crime Internationally

327

(1)

Structural Transformation as a Response to White Collar Crime

328

(1)

Responding to the Challenge of White Collar Crime, in Sum

329

(1)

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

329

(1)

Key Terms

330

(1)

Discussion Questions

330

(2)

Appendix: White Collar Crime in Films

332

(3)

References

335

(77)

Name Index

412

(13)

Subject Index

425

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Trusted Criminals White Collar Crime In Contemporary Society

Summary

Author Biography

Table of Contents

Supplemental Materials