Chapter 12 - White-Collar Crime and Organized Crime Flashcards
Overview
White-Collar Crime
Edwin Sutherland
A crime committed by a person of respectability and high social status in the course of his or her occupation
- Ruthless Competitiveness (Sports)
- Arrogance
- Sense of Entitlement
Organizational / Corporate Crime
- Organizational crime refers to white-collar crime committed with the support and encouragement of a formal organization and intended to advance the goals of that organization
Example: A car company using cheap brakes on cars
Occupational Crime
- Occupational crime refers to violations of the law in the course of practicing a legitimate occupation for personal gain
Example: Robert R. Courtney was a pharmacist who sold watered down drugs for cancer patients and listing it as the dose it was supposed to be and selling it on the street
Organizational Crime
Organizational Crime
- Social Organization of Corporations
- Corporation as a Juristic Person - The legal concept that corporations are liable to the same laws as natural persons - Lack of Restraint, Corporate Conscience
- Executive Disengagement - Pyramid Structure of Corporations - The custom by which lower-level employees assume that executives are best left uniformed of certain decisions and actions of employees
Organizational Crime
Executive Disengagement
- Barings Bank
- Approx. $1 Billion loss on Tokyo Stock Market
Organizational Crime
Criminogenic Market Structure
An economic market structure that is structured in such a way that it tends to produce criminal behaviour
Organizational Crime
The Enron Scandal
Accounting Scandals
- Natural gas pipeline company
- CEO Kenneth Lay
- Risky and illegal Financial Transactions
- High Executive Bonuses
Organizational Crime
2008 Financial Collapse
- Risky Lending Practices (ex. Ninja Mortgages)
- Goldman Sachs
- Mortage-bundling - Collateralized Debt Obligations
Organizational Crime
Corporate Actors and Limited Civil Liability
- Separation of Shareholder and Management interests
- Civil remedies largely ineffective
Organizational Crime
Monopolistic Enterprise
Any corporation that controls all, or the majority, of the market for a particular product or service
Organizational Crime
Anticombines Legislation
Law designed to prevent and punish corporations that work together to reduce competition
Organizational Crime
Sentencing White-Collar Offenders
- Judicial Attitudes
Belief that white-collar offenders experiences punishment differently
Compromise with combinations of short prison sentences and fines - Tougher penalties evident in USA
- No apparent increase in punitiveness in Canada
Organizational Crime
Corporate Crime and Legal Sanctions
- Higher public concern with violent and street crime
- Investigations are lengthy and expensive
- Complexity of information
Occupational Crime
Profesional Misconduct and Malpractice
- Misconduct and failure of organizations to deal with misconduct
- Often hidden because dealt with by professional associations
Occupational Crime
Unprofessional Conduct and Malpractice
Example: Charles Smith was a doctor and head of forensic pathologist, during his time he conducted approximately 1,000 autopsies’, he was removed as the head because he was involved in 3 suspicious deaths. It was determined that he made a number of errors.