Albanese-The Nature of White-Collar Crime
Sutherland's Definition for White Collar Crime
- Crimes committed by a person of respectability and high social status in the course of his occupation.
The general definition of White Collar Crime
- Planned or organized illegal acts of deception or fraud, usually accomplished during the course of legitimate occupational activity, committed by an individual or corporate entity.
What 2 key factors distinguish White Collar Crime from other forms of criminal behavior?
- It requires 1. Planning & 2. Organization
What is a conspiracy?
- an agreement between two or more persons to commit a criminal act or to achieve a noncriminal act by unlawful means
According to E.A. Ross, behind all early 20th Century corruption was a social type called Criminaloid. What is a Criminaloid?
- A person who enjoys a public image as a pillar of the community & a paragon of virtue; but beneath this veneer of respectability could be found a very different persona, one that is committed to personal gain through any means.
Charles Ponzi, who pioneered pyramid schemes, was an early White Collar Criminal. What was his secret?
- His secret was that he paid off early investors with new investors' money; thereby attracting more & more investors. the math of pyramid scams, however, give them a short lifespan.
What helped Sutherland develop his idea for White Collar Crime?
- The Depression. An environment where the battered masses were openly hostile to the economic elite.
The 1980's were a period that spawned white-collar criimes of unprecedented magnitude. What caused this to happened?
- The excesses of this era were often attributed to a cultural shift in which Americans became dominated by unbridled material ambition. "Greed is Good"
What event allowed White Collar Crime to become prevelant again in our society?
- The 9/11 Terrorists Attacks. Federal agencies shifted focus on counterterrorism instead of white collar crime.
In measuring White Collar Crime, reseachers have had to develop their own statistical data, usually in 3 different forms: (3)
1. Cross-Sectional Studies of large corporations 2. Industry-Specific studies 3. Victimization surveys
What are the main costs that result from White Collar Crime?
1. Monetary costs 2. Physical Costs 3. Social Costs 4. Political Costs
The public perception of White Collar Crime is that of indifference & apathy. Why is this so?
- this can be explained by the fact that many business crimes are complex & confusing; they often manifest no clear-cut "villians" or "victims" the way that street crimes & political scandals do
What is the 3-part Typology of White Collar Crime?
1. Crimes of Theft 2. Crimes against public administration 3. Regulatory offenses
What are White Collar Crime's of Theft? (4)
1. Embezzlement 2. Extortion 3. Forgery 4. Fraud
- the purposeful misappropriation of property entrusted to one's care, custody, or control, to which you are not entitled.
- purposely obtaining property from antoher, with his or her concent, induced by a wrongful use of force or fear or under color of official right.
- A person who falsely makes or alters an official document with intent to defraud.
- A person who purposely obtains the property of another by deception.
What are the White Collar Crime offenses against public administration? (4)
1. Bribery 2. Obstruction of justice 3. Official misconduct 4. Perjury
- this involves the voluntary giving or receiving of anthing of value in corrupt payment for an official act, with the intent to influence the action of a public official.
Obstruction of Justice
- intentionally preventing a public servant from lawfully performing an official function by means of intimidation.
- the unauthorized exercise of an offical function by a public official with intent to benefit or injure another.
- When someone makes a false statement under oath in an official proceeding.
What are the White Collar Crime Regulatory Offenses? (5 Types)