Chapter 12 - White-Collar Crime and Organized Crime Flashcards

1
Q

Overview

White-Collar Crime

Edwin Sutherland

A

A crime committed by a person of respectability and high social status in the course of his or her occupation

  1. Ruthless Competitiveness (Sports)
  2. Arrogance
  3. Sense of Entitlement
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2
Q

Organizational / Corporate Crime

A
  • 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

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3
Q

Occupational Crime

A
  • 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

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4
Q

Organizational Crime

Organizational Crime

A
  • 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
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5
Q

Organizational Crime

Executive Disengagement

A
  • Barings Bank
  • Approx. $1 Billion loss on Tokyo Stock Market
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6
Q

Organizational Crime

Criminogenic Market Structure

A

An economic market structure that is structured in such a way that it tends to produce criminal behaviour

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7
Q

Organizational Crime

The Enron Scandal

Accounting Scandals

A
  • Natural gas pipeline company
  • CEO Kenneth Lay
  • Risky and illegal Financial Transactions
  • High Executive Bonuses
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8
Q

Organizational Crime

2008 Financial Collapse

A
  • Risky Lending Practices (ex. Ninja Mortgages)
  • Goldman Sachs
  • Mortage-bundling - Collateralized Debt Obligations
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9
Q

Organizational Crime

Corporate Actors and Limited Civil Liability

A
  • Separation of Shareholder and Management interests
  • Civil remedies largely ineffective
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10
Q

Organizational Crime

Monopolistic Enterprise

A

Any corporation that controls all, or the majority, of the market for a particular product or service

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11
Q

Organizational Crime

Anticombines Legislation

A

Law designed to prevent and punish corporations that work together to reduce competition

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12
Q

Organizational Crime

Sentencing White-Collar Offenders

A
  • 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
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13
Q

Organizational Crime

Corporate Crime and Legal Sanctions

A
  • Higher public concern with violent and street crime
  • Investigations are lengthy and expensive
  • Complexity of information
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14
Q

Occupational Crime

Profesional Misconduct and Malpractice

A
  1. Misconduct and failure of organizations to deal with misconduct
  2. Often hidden because dealt with by professional associations
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15
Q

Occupational Crime

Unprofessional Conduct and Malpractice

A

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.

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16
Q

Occupational Crime

Investment and Securities Fraud
(Type)

A
  • A variety of illicit activities and strategies designed to deceive potential investors or misrepresent capital market participants

Example: PONZI Scheme (a form of investment fraud)

17
Q

Occupational Crime

Insider Trading

A
  • When an employee or owner of a company uses information about the company that is unavailable to the public to buy or sell stocks

Example: Martha Steward (uses information that’s not accessible)

18
Q

Occupational Crime

Pump and Dump

A
  • Stock promoters take a worthless company, invent false stores about the company’s value, and solicit potential investors

Example: Bre-X

19
Q

Organized Crime

Criminal Code of Canada

A

A criminal organization is a group that:

  • Compromised of 3 or more persons in or outside canada
  • One of it’s main purposes or activities is the facilitation or commission of one or more serious offenses

A criminal organization DOES NOT include:
* A group that forms randomly for immediate commission of a single offense

20
Q

Charcateristics of Organized Crime

Structural

A
  • Systemic pattern of Relationships
  • Insulation
  • Transnational
21
Q

Charcateristics of Organized Crime

Institutional

A
  • Continuity
  • Exclusive membership
  • Transnational
22
Q

Charcateristics of Organized Crime

Commercial

A
  • Legal Commercial Activities
  • Consensual and Predatory Crimes
23
Q

Charcateristics of Organized Crime

Behavioural

A
  • Rationality
  • Rules, Codes
24
Q

Organized Crime

Predatory Crimes

A
  • A type of crime in which a victim suffers a direct physical, emotional, or financial loss

Example: Extortion

25
Q

Organized Crime

Consensual Crimes

A
  • A type of crime where no traditional “victim” exists
  • Two or more individuals voluntarily engage in an illicit activity

Example: Money Laundering, Loansharking

26
Q

Organized Crime: Etiological Theories

Alien Conspiracy Theory

A political idea

A
  • This theory argues that organized crime in America is the result of the importation of secret criminal societies that are rooted in foreign culture
  • Not a scholarly theory
  • 1950s U.S Senate Committee
  • No nation-wide criminal conspiracy with centralized control

Organized Crime is a North America Creation

Example: La Cosa Nostra, Donald Trump Wall

27
Q

Theories of Organized Crime

A

Economic Theory of Organized Crime
* The underground economy is an extension of the legitimate economy wherein criminal organizations come into existence to supply good and services that are demanded by the public but declared illegal by the state
* Parallels between the legal and illegal commerce
*Demand for prohibited goods drvies illegal supply
* A relationship between a buyer and a seller
* Criminal entrepreneurs seek the max. profit
* Laws of supply and demand dictate price

28
Q

Organized Crime: Theories of Structure

Bureaucratic - Hierarchical Model

A
  • Criminal groups as highly structured, tightly organized
  • Deliberate & rational arrangement of position
29
Q

Organized Crime: Theories of Structure

Kinship Model

A
  • A social grouping shaped by culture, tradition, and structured around kinship relationships

Example: Oldest person in a family sitting at the head of the dinner table

30
Q

Organized Crime: Theories of Structure

Patron-Client Model

A
  • A loose, fluid system of power and “business” relationships that stem from a centralized leadership to provide services

Example: trafficking drugs across the boarder