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Privileged Crime

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					Privileged Deviance

    White Collar Crime
     Corporate Crime
   Government Deviance
   Overview
 The term "white-collar crime" was coined in 1939
  during a speech given by Edwin Sutherland to the
  American Sociological Society.
 Sutherland defined the term as "crime committed
  by a person of respectability and high social status
  in the course of his occupation.”
 Many white-collar crimes are especially difficult
  to prosecute because the perpetrators are
  sophisticated criminals who have attempted to
  conceal their activities through a series of
  complex transactions.
  “White-collar crime”
 Edwin Sutherland also stated that white collar
 criminals were:
   "the upper, white-collar class, which is composed
   of respectable, or at least respected, business and
   professional men.“ (Sutherland, 1945)
 Sutherland also used the term to refer to illegal
 activities committed to benefit businesses and
 corporations, now known as corporate crime
   Corporate Crime
 Corporate crime = A crime committed by
 corporate employees or owners to financially
 advantage a corporation.
  It may involve acts like committing fraud,
   polluting the environment, making unsafe
   products, and permitting dangerous work
   environments. (Gomme)
    Corporate Crime vs. “White-collar
    crime”
 Today, white collar crime usually called “occupational
 deviance” and the term now generally used for crimes
 committed on behalf of a corporation or business
 organization is “corporate crime or organizational
 crime”.

 Most corporate acts, like false advertising, anti-trust
 violations, environmental pollution, or dumping
 products on the market below cost, are not regulated
 by criminal law but by various regulatory laws.
    Corporate or Organizational Crime
 Can be divided into major types according to who
  the victim is:
 1. Deviance against employees
   Includes workplace hazards
 2. Deviance against customers
   Unsafe products and foods
   Fraud and deceptive advertising
   Anti-trust violations (i.e. the chocolate industry)
 3. Deviance against the government (tax evasion)
 4. Deviance against the environment
       Infamous Corporate Criminals
   Enron's Jeffrey Skilling(24 year prison term)-
    fraud and other crimes in the collapse of the
    former energy giant
   Adelphia Communications' John Rigas (30
    year prison term) - convicted of conspiracy,
    bank fraud and securities fraud
   Tyco's Dennis Kozlowski (25 year prison
    term) - grand larceny, falsifying business
    records
   the Portus hedge fund - multiple counts of
    fraud, money laundering and possession of
    property
   Norbourg Asset Management Ltd - About
    9,200 investors in mutual funds managed by
    Quebec based Norbourg Asset Management
    Ltd lost their money due to management
    malfeasance Allegedly, $130 million was
    misappropriated.
Corporate Crimes Sites
 http://www.cbc.ca/money/story/2005/06/17/tyco-
    050617.html
   http://www.msnbc.msn.com/id/5396406
   http://www.cbc.ca/money/story/2006/12/13/skillingpris
    on.html
   http://www.msnbc.msn.com/Default.aspx?id=3032230&p
    1=0
   http://www.primetimecrime.com/Recent/Greed%20Corr
    uption/Corporate%20scandals.htm
White Collar Crime
 Criminologists now use the term white-
  collar crime in reference to illegal acts
  committed for personal gain by people in
  positions of trust.
 For example, making personal long-
  distance calls on an employer’s account or
  billing for fictitious travel expenses.
   White Collar or Occupational Deviance
Includes:
 1. Employee theft
 2. Embezzlement
 3. Financial fraud
   Cheating on income tax
 4. Computer crime
   online theft and fraud such as identity theft, or
    stealing credit card and social security #
 5. Professional deviance such as medical
  misconduct, sexual exploitation of patients, over-
  or double-billing by doctors and lawyers and
  “legal lawlessness”
     White Collar vs. Blue Collar or Street
     Crime
 White collar is occupationally related, and the criminal is
  a relatively respectable, upper-class person, especially
  business managers and executives.
 What distinguishes the commission of white-collar crime
  from that of street crime and blue-collar crime is how the
  act is executed
   i.e. the skill, sophistication, and the resources of power,
    influence or respectability for avoiding detection,
    prosecution, and conviction.
 Blue-collar criminals lack power, influence or
  respectability and therefore are more frequently caught.
   Penalties
 The common penalties* for white-collar offenses :
     fines,
      home detention,
     community confinement,
     costs of prosecution,
     forfeitures,
     restitution,
     supervised release, and
     imprisonment.

  *sanctions can be lessened if the defendant takes
    responsibility for the crime and assists the authorities in
    their investigation
What Makes White Collar Deviance Unique?
 Use of power, influence, respectability to minimize
  detection
 Rational execution of the deviance to maximize profits
 Also, three less obvious differences:
   The white-collar deviant's noncriminal self-image, often with
    victim's cooperation
     i.e. Seeing their embezzlement as borrowing rather than stealing money
     Seeing themselves as victims.
     Denial of criminal intent: claim behavior is a mistake, not crime.
   The victim's unwitting cooperation
     Victim does not bother to check the work history or reputation of
      company
   Society generally relatively indifferent to white-collar deviants,
    making little effort to catch or punish them
      Causes of White-Collar Deviance
 White-collar deviants have stronger criminal motivation:
  fear of loss/greed (Bonger’s theory?)
 Criminal opportunity sometimes comes from white-
  collar deviant's higher position in a company, because of
  easier access to the company's resources.
 The combination of high position, status, and prestige
  can provide opportunity for illegal activities for both
  individuals and corporations.
 Weaker social control encourages white collar deviance
  i.e. regulations controls vs. criminal controls
 Law enforcers tend to focus efforts on street criminals
Governmental Deviance
 Abuse of power by public officials
 Corruption, accepting bribes and kickbacks
  (Brian Mulroney, for example?)
 Election irregularities
   Right now, liberals in Alberta are claiming that
    many voters were unable to get into polls
 Use of official or government-condoned
  violence (for example Rodney King beating in
  Los Angeles)
    Government Deviance (cont.)
 Governments have the power and resources to cover
  up or ignore deviant acts
 “the wriggle of the wiggle” (Thio)
   Strategies like “no comment”, or refusal to make
    public certain facts or documents
   Accuse the accusers – Harper is planning to sue
    Dion for saying the conservatives tried to “buy”
    Cadman (the MP who died)
   Insisting deviant action was necessary (end justifies
    means) i.e. Trudeau and the FLQ

				
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