The document discusses the origins and definitions of white-collar crime. It notes that the concept was first conceived by Edward Alsworth Ross in 1907, but the term was coined by Edwin Sutherland in 1939-1940, who defined it as non-violent crimes committed by high-status individuals for business or professional advantage. Later, the U.S. Congress expanded the definition to include illegal acts using concealment or guile to obtain money, property or advantage. Examples of white-collar crimes discussed include fraud, environmental violations, and corporate crimes like the Enron and Madoff scandals. Sentencing can involve fines, restitution, or imprisonment depending on the crime and losses incurred.
2. The concept of white-collar crime
was first conceived by Edward
Alsworth Ross (1907), and
approximately 30 years later white-
collar crime was born in the ideas of
Edwin H. Sutherland (1939–40).
Sutherland, in coining the term,
defined white-collar crime as “... a
crime committed by a person of
respectability and high social status in
the course of his occupation.” For
Sutherland, the white-collar category
included “business managers and
executives,” although, in research, he
included corporations as offenders as
well.
He believed that a white-collar
offense was a crime if it proved to be
socially injurious and punishable.
Edward Alsworth Ross (1866–1951)
was a progressive American
sociologist, eugenicist, and major
figure of early criminology.
Edwin Hardin Sutherland (1883-
1950) was an American sociologist.
He is considered as one of the most
influential criminologists of the
twentieth century.
3.
4. The U.S. Congress
defined white-collar crime
as an illegal act or series of
illegal acts committed by
non-physical means and by
concealment or guile, to
obtain money or property, or
to obtain business or personal
advantage.
5. Laws against those actions that have come to be defined as
white-collar crimes have existed since ancient times. Usually,
such laws were developed in reaction to events in which there
was a perception that something had occurred that challenged
the moral sensibilities of the society.
The Credit Mobilier scandal of the 1860s
The Interstate Commerce Commission (ICC) Act of 1887
was enacted in the United States in response to the behaviors of
the robber barons in the railroad industry.
6.
7.
8.
9.
10. Identity theft happens when someone
accesses essential elements of a person’s
identifying information in order to commit
theft.
This information includes name, social
security number, date of birth and mother’s
maiden name.
11.
12.
13.
14.
15. The criminal law characterizes an environmental law violation as a
form of white-collar crime. If convicted, violators face fines,
probation, jail time, or some combination thereof. Typically, a
sentence of jail time is used when dealing with individuals, while
corporations face stiff fines. The fines endeavor to offset the financial
gain of conducting the illegal activity.
Environmental law violation are as by dumping hazardous waste
into rivers, streams, oceans, or otherwise secluded areas rather than
paying to have it taken to a chemical treatment plant. Other common
types of environmental law violations include littering; improper
waste disposal; the use of illegal pesticides in agriculture; releasing
particulates, sulfur dioxide, nitrogen dioxide, carbon monoxide, and
ozone in amounts surpassing the regulatory caps; oil spills; the
destruction of wetlands; burning garbage; improperly removing and
disposing of asbestos; falsifying lab data pertaining to environmental
regulations; smuggling illegal chemicals into the country; and
committing fraud relating to environmental regulations.
16. Environmental
Crimes: The
March 24, 2014
marks the 25th
anniversary of
one of the worst
environmental
disasters in U.S.
history. The
Exxon Valdez oil
spill. Exxon
ended up having
to pay more than
$3 billion for the
Valdez spill,
including
approximately $2
billion to clean up
the oil and about
$1 billion to settle
civil and criminal
charges stemming
from the incident.
17.
18. Corporate crime: Criminal
activity on behalf of a business
organization.
Crimes of fraud, concealment,
and misrepresentation continue to
victimize all sorts of groups and
individuals in society.
19. The Enron scandal did
tremendous damage to the
economy, and created a crisis
of investor confidence the likes
of which hasn’t been seen
since the Great Depression.
20. The Madoff investment scandal broke in
December 2008, when former NASDAQ Chairman
Bernard Madoff admitted that the wealth
management arm of his business was an elaborate
Ponzi scheme.
On June 29, 2009, he was sentenced to 150 years
in prison with restitution of $17 billion. According to
the original federal charges, Madoff said that his firm
had "liabilities of approximately US$50 billion".
Prosecutors estimated the size of the fraud to be
$64.8 billion, based on the amounts in the accounts
of Madoff's 4,800 clients as of November 30, 2008.
Ignoring opportunity costs and taxes paid on
fictitious profits, half of Madoff's direct investors lost
no money. It is also the largest accounting fraud in
American history.
21.
22. As white collar crimes are typically nonviolent and involve individuals
of a higher class, convicts receive shorter sentences and nicer prison
accommodations than their blue collar counterparts.
But in few big fraud cases, some convicts have received sentences for
life in prison, along with huge court-ordered fines and restitution
payments.
Charge depends on the size of the illegal operation and the degree of
involvement for each individual.
These types of crimes can cause considerable financial damage to
hundreds or even thousands of people.
Some cases may even impact the regional or national economy to an
extent.
CONVICTIONS AND PENALTIES…
23. In the United States, sentences for white-collar crimes may include a
combination of imprisonment, fines, restitution, community service,
disgorgement, probation, or other alternative punishment.
In other countries, such as China, white-collar criminals can be given the
death penalty.
Defendants without a significant criminal record may be sentenced to
probation, a suspended jail sentence or a jail sentence far shorter than the
maximum.
They may have fines levied against them, and may be required to forfeit
any profits or pay restitution to their victims.
CONVICTIONS AND PENALTIES…
32. Suspected VAT "missing trader" fraud
activity rose 50% in the first quarter of
the year, the Office for National Statistics
reported on Wednesday. The quantity of
fraud is now more than five times higher
than a year ago, and the ONS said it was
distorting UK trade figures. The fraud,
known as missing trader intra-
community (MTIC), grew so fast that
10% of UK exports are now being put
down to criminal activity which may
involve no goods actually being exported
at all, the figures indicate.
33. The Hague – The Netherlands.
One year on from a Europol warning about an estimated 5 billion Euros in damage for European taxpayers, caused by VAT-fraud
within the EU Emission Trading System (ETS), law enforcement authorities around Europe continue to fight the criminal
networks involved. In operations during 2010, several hundred offices all over Europe have been raided and more than 100
people arrested. The Emissions Trading Scheme (EU ETS) was created as a cap-and-trade system for transactions of European
Unit Allowances. Each transfer of EUAs is recorded in a national registry before it is centrally stored in the Community
Independent Transaction Log (CITL) at the European Commission. Carbon credit fraud is a variation on VAT carousel fraud. The
graphic below shows how carbon credit carousel fraud works.
34.
35.
36.
37. In conclusion we already know that white-collar crime
was defined by Edwin Sutherland as a “crime
committed by a person of respectability and high social
status in the course of his occupation and the
sentencing guidelines are particularly applied by
computing the effects or loss caused by the fraudulent
acts. Some of the famous white-collar offenders that
were prosecuted were Bernard Ebbers of WorldCom,
Jeffrey Skilling of Enron, and John Rigas and son
Timothy Rigas of Adelphia
38. Book “Fur Collar Crime: The Pattern of Crime Among the Fourteenth-Century English Nobility” by Barbara
A. Hanawalt
Book: “White-Collar and Corporate Crime: A Documentary and Reference Guide” by Gilbert Geis
http://prezi.com/yglmt56rpqr6/timeline-of-white-collar-crime1973-2008/
http://lawprofessors.typepad.com/whitecollarcrime_blog/
http://www.skadden.com/practice/litigation/government-enforcement-and-white-collar-crime
http://www.fbi.gov/about-us/investigate/white_collar/whitecollarcrime
http://www.diogenesllc.com/2002RttN.pdf
http://www.nw3c.org/
http://www.alternet.org/story/54093/twenty_things_you_should_know_about_corporate_crime
http://www.encyclopedia.com/topic/white-collar_crime.aspx
http://www.britannica.com/EBchecked/topic/642189/white-collar-crime
http://personal.uncc.edu/mfmckenz/LBST1102.White-collar%20Deviance.htm
http://www.sagepub.com/upm-data/43839_2.pdf