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Case study and white collar crime
Black collar crime
Black collar crime
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With the evolution of our economy and technology we have experienced a new wave of crime and it’s not by the low level street criminals you would expect, but high end, tie wearing business men and women. Merriam-Webster defines crime as “an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law” (Merriam-Webster). There are many types of crime but the two this paper will focus on are white collar crime and its comparison to street crime. You won’t find an official definition of street crime, but it’s normally thought of as theft, robbery, car theft, arson, drug dealing, and vandalism. The phrase “white-collar crime” was first …show more content…
The criminal acts of big banks and mortgage lenders have cost thousands of people to lose their homes over the last several years and it isn’t just the price of the material possessions that should be taken into consideration because the emotional impact is immeasurable. Fraudulent charges increase the cost of Medicare and all taxpayers bear the burden. Polluters who illegally release toxic substances into the air, rivers, lakes, and oceans put millions of lives at risk and increase the instances of diseases that cost lives, not to mention killing wildlife and destroying ecosystems. Businesses put employees at risk by ignoring or skirting safety standards to save a buck. In the last decade, there have been several instances of companies using unethical and illegal practices that in the end cost shareholders and employees their life savings and livelihood. Con men like Barnard Madoff cost investors not only their life savings, but peace of mind as well. White-collar crimes have long-term impacts because it can take years to recoup losses, if ever, and they harm the psyche and cause mistrust and skepticism, which when all is said and done aren’t bad to have in small
John Jacob Jingleheimer Schmidt was a Harvard graduate, Founder of a hedge fund, CEO and portfolio manager of International Management Associates LLC. John Jacob Jingleheimer Schmidt swindles millions of dollars from his clients. IMA collapsed in 2006, when Jingleheimer Schmidt wrote bad checks to his client and investor NFL football players. John Jacob Jingleheimer Schmidt was charged with security fraud and money laundering. John Jacob Jingleheimer Schmidt was looking to served jail sentence of approximately 710 years when he grew a flower in his jail cell. (AJC News)
Summary: White-collar crime and those that commit it have very little attention. In Choosing White-Collar Crime, Neal Shover and Andy Hochstetler (2006) discuss the participation in white-collar crime is chosen. Shover and Hochstetler use rational-choice theory to explain the decisions made by white-collar criminals. The authors look at a few areas of white-collar crime: the lure, the predisposed and tempted, self-restraint, oversight, and the threat and choice.
White collar crime is a term created by Edwin Sutherland in 1939 that refers to crimes committed by people of higher social status, companies, and the government according to the book “White-Collar Crime in a Nutshell” by Ellen Podgor and Jerold Israel. White collar crimes are usually non-violent crimes committed in order to have a financial-gain (Podgor and Israel 3). A very well known white collar crime that has even been taught in many history classes is the Watergate scandal. This is a white collar crime that was committed by government authorities. Watergate was a crime that shocked the nation.
The nature and damage of white-collar crime can result in a variety of punishments for the offender. Some sanctions being time in prison, some being fines, and others being a combination of both. For example, Chalana McFarland who was a real estate attorney and was accused of fraud, money laundering and other crimes costing investors $20 million. She was charged with $12 million in restitution and thirty years in prison (Haury, 2012). Another example would be Bernie Madoff, who owned Madoff Securities, was involved in a Ponzi scheme. It is believed that investors lost $50 billion dollars. Curently Madoff is serving a 150-year sentence in a prison in Butner, N.C (Haury, 2012). As these white-collar crime cases show, the costs of these crimes can be quite serve and earn life sentences as well as very hefty fines. Moreover, white-collar crimes have huge economic effects on victims, often causing life altering losses. Under consideration white-collar crimes are quite high-cost actions that hold large possible punishments and large ethical issues. In a research experiment done by Christian Seipel and Stefanie Eifler, a theory branching from rational choice theory was tested in relation to crime. The theory they explored was referred to as high- and low- cost theory. This theory discusses the factors that influence low cost crime and high cost crime. Low cost being defined as crimes that have low
E.). There are various costs of white-collar crime, although an accurate measurement is not easy, they are hard to asses as well as very complex. There are enormous financial losses, sometimes physical damage as a result of negligence, as well as social costs: weakened trust in a free economy, confidence loss in political organizations, and destruction of public morality. “White collar crime could also set an example of disobedience for the general public, with citizens who rarely see white-collar offenders prosecuted and sent to prison becoming cynical about the criminal justice system” (Conklin, J. E.). White-collar crime is undeniably a crime and often encompasses elaborate
Today, worldwide, there are several thousands of crimes being committed. Some don’t necessarily require a lethal weapon but are associated with various types of sophisticated fraud, this also known as a white-collar crime. These crimes involve a few different methods that take place within a business setting. While ethical business practices add money to the bottom line, unethical practices are ultimately leading to business failure and impacting the U.S. financially.
White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from Tax fraud to health and safety breaches.
It is customary to divide the categories of crimes, according to their violence ratio. For example, there are violent crimes, typically thought of as street crime, such as first degree, second degree, manslaughter and non-violent crimes such as blackmail, bribery, embezzlement, and forgery. However, the term “violent” can be applied to both street crimes and white collar crimes. Although street crimes are usually thought of as taking something by force, white collar crimes are typically perpetrated by a “respectable person”. The Department of Justice defines white collar crimes as “those classes of non-violent illegal activities which principally involve traditional ideas of deceit, deception, concealment, manipulation, breach of trust,
In order to coherently understand the meaning of white collar crime, Friedrichs (2010) states that it must be approached in stages. The first stage is polemical, and is related to the definition. The second and third stages are typological and operational. As previously mentioned, white collar crime has been quite heavily debated, and currently there is no definition that is generally accepted by criminologists. Some argue that the term white collar crime should be abandoned altogether, and another issue is where it is appropriate to draw the line between legal practices and illegal practices (Hayes & Prenzler, 2012; Dobovšek & Slak, 2015). Throughout time, the scope of white collar crime has broadened to include many other typologies of white collar crime, due to the fact that technology has and continues to advance. The most common types of white collar crime include occupational crime, corporate crime, state crime, financial
White collar crimes do not garner as much media attention as that of violent crimes (Trahan, Marquart, & Mullings 2005). This is an odd fact because white collar crimes cost society much more than violent crimes do (Messner & Rosenfeld 2007). While there are many different definitions for white collar crime, Schoepfer and Piquero describe it as a nonphysical crime that is used to either obtain goods or to prevent goods from being taken (2006). People who commit these crimes are looking for personal or some sort of organizational gain and are being pressured to be economically successful from the idea of the American dream. The authors suggest that there are two types of people who commit crimes, those who have an immense desire for control and those who fear losing all they have worked hard for (Schopfer & Piquero 2006). Both groups have different reasons for turning to crime, but both groups commit the crime to benefit themselves. It was found that higher levels of high school drop outs were directly correlated to levels of embezzlement in white collar crime (2006). Because they are drop outs, they are less likely to be successful legitimately and turn to crime more often than their graduate
1. Reiman explains that the idea that white collar crime is taken less seriously is because it protects the elite classes. For example, if the public believes they should fear the poor more than the rich, the rich can commit more crimes and go unnoticed because the population is focused on the poor Reiman explains that that the way crime is explained does not exactly fit what we think crime is. He explains that the notion that white-collar crime being harmless is based on the idea that white collar crimes do not end in injury or death is false because more people’s lives are put at risk than “lower class” crimes. Reinman thinks it is necessary to re- educate the public on white-collar crimes for economic
Marilyn Price and Donna Norris” (Perri, J.D., CFE, CPA, 2011, p. 23). Even though white collar crimes do not seem as violent as someone that commits murder there is still major damage done. For example, a fraud victim goes through a lot of hardship. They can be harassed, have their identity stolen, and lose everything. This, in many cases, can be looked at as a serious crime.
White-collar crime occurs by a certain group of society, the upper social class. These people are appointed in highly respected jobs or fields. These people commit crimes such as corruption, fraud marketing, selling outdated ineffective products and unfaithful advertising. These people do this in order to enhance their personal wealth by income tax evasion or the agreement of bribes. This category of criminal activity is classed as very serious but the convicts tend to not go under a great deal of punishment because of who they are i.e. highly respected politicians and company directors.
...crimes rather than on street crimes. Rarely will you hear of these crimes on the news until after sentencing has taken place. Unfortunately, corporations can easily afford to pay thousands or even millions of dollars in penalties and fines therefore penalties need to be increased greatly. Due to corporate power, white collar crime is hard to prove even once it is suspected. Determining who began the crime and trying to persuade a jury whom already has a hard time understanding the complexity of these types of crimes can be difficult.
White-collar crimes and organizational structure are related because white collar-crimes thrive in organizations that have weak structures. According to Price and Norris (2009), the elites who commit white collar-crimes usually exploit weaknesses in organizational structure and formulate rules and regulations that favor their crimes. Makansi (2010) examines case studies to prove that white-collar crime is dependent on organizational structure. For example, the financial crisis that Merchant Energy Business faced in 2001-2002 occurred due to the liberal Financial Accounting Board, which failed to provide a standard model of valuing natural gas and fuel. Moreover, a financial crisis that rocked the securitization market in 2008 was due to fraudulence in the pricing of securitization products. These examples ...