Unit 4 - Ch. 6 Flashcards
Is Canada seen as tough on white-collar crimes? (Economically motivated crimes)
No – Canada is viewed as soft on white-collar crimes.
Define Economic Crime
Criminal offences in which the primary motivation is economic gain.
What two broad categories can economic crimes be placed in?
Individual and group crimes.
Many economic crimes (white-collar crime, theft, property crime, fraud, prostitution, drug dealing) can be perpetrated by a lone offender or by large organizations such as gangs, criminal organizations, or “legitimate” business corporations.
According to the 2014 Global Economic Crime Survey (PricewaterhouseCoopers 2015), 36 percent of Canadian organizations surveyed reported being the victim of one or more economic crimes. The top four reported forms of economic crimes were:
1) asset misappropriation (58 percent; e.g., employees stealing cash/assets),
2) procurement fraud (33 percent; e.g., unlawful bidding processes),
3) accounting fraud (22 percent), and
4) cybercrime (22 percent; e.g., spreading viruses, hacking, phishing).
The survey also revealed that a sizeable number of Canadian organizations were the victims of bribery/corruption, competition laws/anti-trust violations, illegal insider trading, money laundering, espionage, intellectual property theft, and mortgage/tax fraud.
It should be noted that for most economic crime (including white-collar crime), male offenders outnumber female offenders. Prostitution is one exception to this trend and is discussed later in this chapter.
What is the research methodologies for economic crimes?
Large-scale surveys of corporations - Get victim perspective
Surveying or interviewing the perpetrators of economically motivated crime
What are the different types of economic crimes?
- White-Collar Crime
- Theft
- Property Crime
- Fraud
- Identity Theft (Special case of fraud)
- Cybercrime/Cyberbullying
- Prostitution/Sex Trade
- Organized Crime (Fraud, sex trade, Drug trade)
How was the term “White-collar crime” coined?
What is the more modern definition?
1939 - Edwin Sutherland - “Crime committed by a person of respectability and high status in the course of his occupation”.
Modern - Green (1997):
Organizational crime—a corporation or agency profits from law-violating behaviour (e.g., bribing pubic officials, Chief Financial Officer falsifies tax record with Board of Director’s consent).
Professional crime—law-violating behaviours by professionals such as lawyers, physicians, psychologists, etc. (e.g., a doctor bills for seeing eight patients when he only saw four).
State-authority crime—law-violating behaviours by those with legal authority (e.g., bribes taken by public officials, police brutality, torture of individuals in custody).
Individual crime—law-violating behaviours by individuals (e.g., stealing supplies from an employer, not reporting full income to Revenue Canada).
Some researchers simply view white-collar crime along two dimensions:
Occupational Crimes: offences committed against businesses and government by perpetrators with a “higher” social status. These offences include expense account fraud and tax evasion
Corporate Crimes: are offences committed by organizations to advance their own interests. Corporate crime offences include price fixing (e.g., companies that all sell the same product decide on a price, preventing price variability for the consumer) and the payment of kickbacks to manufacturers or retailers (who use the organization’s product). The distinction between occupational and corporate crime can be thought of as crime focused on individuals versus crime focused on organizations.
Price Fixing
Occurs when companies group together to sell the same product for the same price; there is no price variability for the consumer.
Profiling a white-collar criminal - What are some common characteristics of white-collar offenders? (Holtfreter, 2005)
Age/Race/Gender:
-White Male
-Approx. 40 years old
-Male offenders outnumber female offenders
-Female white-collar offenders typically held lower level positions such as clerical jobs
-Male white-collar offenders typically held higher level positions
Education:
-White-collar criminals tend to have greater educational attainment compared to other types of offenders – Higher level positions in corporations typically need higher education
Position:
-White-Collar offenders will have knowledge and be involved in the financial aspects of the organization that would facilitate occupational crime such as embezzlement. An individual’s position in the organization facilitates the types of white-collar crimes possible to commit. Those in manager/executive positions have greater opportunities.
In a study by Holtfreter (2005), 1142 occupational fraud cases were examined to differentiate between individual offender characteristics and organizational victim characteristics. Three types of occupational fraud were assessed. What were they?
What were the results of the study?
-Asset Misappropriation: Typically middle-class - More often in smaller organizations
-Corruption: Typically middle-class - Corporations victimized by corruption typically large profit-generating corporations.
-Fraudulent statements: Tended to be “high status”. - Typically in smaller organizations
Blickle, Schlegel, Fassbender, and Klein (2006) surveyed 76 prisoners convicted of white-collar crime in Germany and 150 managers working in various companies. Some significant differences were found between the two groups:
-White-collar criminals were more hedonistic (more supportive of the pursuit of pleasure and life enjoyment) which lead to a greater likelihood of giving into temptation when opportunity presented itself to make money illegally.
-The criminals also had stronger narcissistic tendencies and less behavioural self-control than the managers.
-Speculated that white-collar criminals were more conscientious (responsible, careful, or diligent). The researchers speculated that the criminals were high-level executives who would require conscientiousness to obtain the education and training necessary to achieve their level of employment.
However,
Another study found that white-collar criminals have lower integrity than non-criminals. Other differentiating traits of white-collar criminals included irresponsibility, lack of dependability, and disregard for rules/social norms.
Common characteristics of victims of white-collar crime are also outlined by Holtfreter (2005):
ORGANIZATIONAL TYPE: A study by Smigel (1956) found that there was a positive association between the size and level of bureaucracy of the organization and the willingness to approve of stealing from that organization. Corporations with large bureaucracies can receive little sympathy from the public, often perceived as making large profits.
ORGANIZATIONAL SIZE: Very generally, larger organizations are associated with greater crime than smaller organizations (Gricar 1983). A number of factors have been found to interact with organizational size however, including decentralization and level of control.
INTERNAL CONTROLS: Organizations that have greater internal controls, such as audits and anonymous reporting systems, are less likely to be victimized. Furthermore, if these controls then result in the dismissal of guilty employees, less victimization will occur.
What is the public perception of white-collar crimes according to a telephone survey examined by Holtfreter, Van Slyke, Bratton, and Gertz (2008)?
402 U.S. Citizens
-Large number of respondents want white-collar criminals punished as harsh/more harsh than violent criminals
-Respondents wanted greater government resources allocated to fight white-collar crimes
-U.S. Citizens perceived street criminals as more likely to be arrested and sentenced more severely than white-collar criminals.
-Public felt that robbery should be punished similarly to fraud
The criminal code of Canada (section 322) states…
…that “every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent.”
Criminal Code of Canada (Section 322) – There is a demarcation of ______ when deciding on the punishment for crime. Theft over ______ is an indictable offence with a maximum punishment of ____________. Theft under _________ is considered a hybrid offence, meaning it can be treated either as an indictable offence or a less serious summary conviction. This decision is made by the Crown prosecutor. If theft under ______ is prosecuted as an indictable offence, the maximum penalty is ____________. As a summary conviction, the maximum penalty is ________, ________, or __________.
- $5000
- $5000
- 10 years imprisonment
- $5000
- $5000
- Imprisonment for no more than 2 years
- Six months imprisonment, a fine of $2000, or both
What is a common type of theft?
Shoplifting. It is not a specific criminal offence but simply a theft categorized by the value of the merchandise stolen under the Canadian Criminal Code. It incorporates both low-value and high-value items.
According to Employment and Social Development Canada (2015), property crime can be categorized in one of two ways:
-Theft of personal property such as wallets, credit cards, or money
-Household crime that includes breaking and entering, vandalism, theft of cars or car parts, and theft of household property.
Employment and Social Development Canada (2015) also indicates that victimization rates of personal property crimes increased from_____ incidents per 1000 people in 1999 to_____ incidents per 1000 people in 2009. Household property crime victimization also increased from _____ incidents per 1000 households to _______ incidents from 1999 to 2009.
- 75
- 108
- 218
- 237
Under section 380 of the Criminal Code of Canada, fraud is divided into two categories:
- Fraud over $5000
- Fraud over $5000
When does fraud occur?
Fraud occurs when deceit or fraudulent means are used to deprive someone of property, money, valuable security, or services. Many thefts can also be fraud, and it is sometimes up to the police to decide whether to lay a fraud charge or a theft charge against an offender.
In January 2010, Senate Bill _____ became law, which created a number of new offences under the Canadian Criminal Code and identified aspects of identity theft that were not already covered by existing provisions. What are the definitions of some of these offences with a focus on the “preparatory stages of identity theft by making it an offence to obtain, possess, transfer or sell the identity documents of another person”?
- S-4
-Identity Crime: term used to describe all forms of illicit conduct (unlawful activity) involving identity including but not limited to identity theft and identity fraud.
-Identity Theft: defined as obtaining and possessing identity information with the intent to use the information deceptively, dishonestly or fraudulently in the commission of a crime. Under Criminal Code Section 402.2 (1) Everyone commits an offence who knowingly obtains or possesses another person’s identity information for criminal reasons
-Identity Fraud: is the actual deceptive use of the identity information of another person (living or dead) in connection with various frauds (e.g., personating another person and the misuse of debit card or credit card data).
-Trafficking in identity information: Criminal Code Section 402.2 (2) Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence.
-Identity Document: an identity document can be any document that identifies a person or that contains identity information. Parliament has created a specific criminal offence in relation to a list of the most common types of official identity documents (section 56.1 (3)).
-Breeder Document: a genuine document used to confirm one’s identity when applying for other genuine documents. A birth certificate is a good example of a breeder document. Once altered, counterfeited or illegally obtained, a breeder document can be used to apply for other genuine ID documents or cards.
-Identity Information: Criminal Code Section 402.1 “identity information” means any information — including biological or physiological information — of a type that is commonly used alone or in combination with other information to identify or purport to identify an individual, including a fingerprint, voice print, retina image, iris image, DNA profile, name, address, date of birth, written signature, electronic signature, digital signature, user name, credit card number, debit card number, financial institution account number, passport number, Social Insurance Number, health insurance number, driver’s license number or password.
In addition to identity fraud, a number of other types of fraud are possible. These include:
Canadian Anti-Fraud Centre
- Advance Fee Fraud: Fraud that required payment before delivery of service
- Online auction fraud: Fraud that occurs through online purchasing (non-delivery of goods/services, non-payment for goods/services delivered)
- Investment Fraud: Fraud that occurs with investments impacting a person of company (insider training)
- Counterfeit: Fraud associated with counterfeit currency or payment cards
- Home renovation fraud: Fraud associated with home renovation services or sale (real estate fraud)
- Health fraud: Fraud associated with healthcare or services, including insurance
- Fraudulent Bankruptcy: Fraud associated with personal or corporate bankruptcy claims (concealment of assets)
- Corruption/Bribery: Any misuse of power and position by a public or non-government official (bribery of a public official)
Foreign Affairs, Trade and Development Canada (2015) defines cybercrime as a….
…“criminal offence involving a computer as the object of the crime (hacking, phishing, spamming), or as the tool used to commit a material component of the offence (child pornography, hate crimes, computer fraud). Criminals can also use computers for communication and document or data storage.”
The RCMP breaks cybercrime into two categories:
- Technology as target: criminal offences targeting computers and other information technologies, such as those involving the unauthorized use of computers, or mischief in relation to data.
- Technology as an instrument: criminal offences where the Internet and information technologies are instrumental in the commission of a crime, such as those involving fraud, identity theft, intellectual property infringements, money laundering, drug trafficking, human trafficking, organized crime activities, child sexual exploitation, or cyber bullying.
According to the RCMP, cyberbullying involves…
…the use of communication technologies such as the Internet, social networking sites, websites, email, text messaging, and instant messaging to repeatedly intimidate or harass others”.
What acts are considered cyberbullying?
Sending mean or threatening emails or text/instant messages
Posting embarrassing photos of someone online
Creating a website to make fun of others
Pretending to be someone by using their name
Tricking someone into revealing personal or embarrassing information and sending it to others
Xantidis and McCabe (2000) examined the characteristics and motivations of men seeking the services of female sex workers. In this study, 66 clients and 60 non-clients completed a questionnaire assessing sex roles, social–sexual effectiveness, and sensation-seeking behaviour. What were the findings?
Demographics: Clients and non-clients were similar in age, education, marital status, and occupation
Clients were less likely to subscribe to feminine sex-role orientation, had lower social-sexual effectiveness, and had high sensation-seeking behaviours.
Motivation to seek prostitutes: Client group partitioned into two groups.
- Low social-sexual effectiveness and seemed motivated to visit sex workers because they desired intimate contact
- High level of sensation-seeking and seemed motivated to visit sex workers because they wanted novelty and variety in sexual encounters.