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What crime was jordan belfort guilty of
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Penalties Imposed Upon Guilty
In 1998 Jordan Belfort was indicted with 27 counts of International Securities Fraud and Money laundering. After cooperating with the FBI, in 2003 Belfort was sentenced to four years in prison and fined and ordered to back approximately $110 million that he had defrauded from investors. He served 22 months in federal prison and was ordered to pay investors 50% of his income until $110.4 million was collected (Kolhatkar, 2013). According to federal prosecutors, Belfort has not kept up his part to fulfill the terms of his agreement. After his release in April 2006 Belfort’s income has consisted of $1,767,203 from his publication of his books, the sale of his movie rights, and the $30,000 he gets per motivational speech. And since 2007 he has only paid $243,000 of the $110 million he is required to pay as restitution. His actions have resulted in federal prosecutors filing a complaint against him in October of last year. The government has not held Belfort in default, only for keep negotiations open. But, it is still uncertain of when the full restitution amount will be paid off (Con Artists Hall of Infamy).
Policy
Securities Fraud:
Securities fraud, also known as investor fraud or investment fraud, is a deceiving way of manipulation in the stock markets, which persuades potential investors to purchase or sale due to false information, usually resulting in loss of investments. Securities fraud may also involve direct theft from those investing through embezzlement, the theft or misuse of funds placed in one’s trust (Google), or stock manipulation, which is a premeditated attempt to meddle with the free and fair operation of the stock market and create false perception in respect to the price of such...
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... sell it a higher price (Google). It was alleged that his actions resulted in investor losses of approximately $200 Million (Kolhatkar, 2013).
Punishment Analysis
In the case of Jordan Belfort, the penalties and the sentence he was sentenced to serve does not seem justifiable for the result of his actions. But, unfortunately for such white collar crimes, it is very difficult to create a set standard for such punishment. I have come to the conclusion that lamentably a prison sentence will not make up for the financial downfall that Belfort’s action created in the lives of those mislead investors. And although he is required to pay back restitution to his alleged victims, when it comes to the victims more than likely they will never regain the amount of money they lost, and much less their stress and hardship they might have endured due to their unfortunate loss.
A previous leader of The Sommet Group, Brian Whitfield, was accused and found guilty after a plea of not guilty to stealing money from clients and the government in the amount of $20 million. The IRS believed the estimated money stolen was upwards of $22 million. The federal prosecutor claimed and proved Whitfield had stolen and then used money for his own personal expenses. Although, the case originally indicted Whitfield’s
The PBS Frontline Documentary The Untouchables shined light on the claim that wealthier people in today’s society get off easier when they break the law. During the financial crisis of 2008, it was said that fraud was committed when many mortgage bankers and high-end executives on Wall Street knowingly bought loan portfolios that didn’t meet their policy credit standards. Even with the evidence in place, no one was arrested and held responsible for a stock crash that nearly destroyed the entire financial system of the United States. With a powerful justice system and justifiable evidence in place, no was prosecuted. Did the justice system not take the necessary steps to ensure that justice was served
Professor and Director of the Distance Learning Masters Program at The University of Cincinnati, Michael L. Benson has his Ph. D. in Sociology and is the author of "Denying the Guilty Mind: Accounting for Involvement in White-Collar Crime." In a classic study based on interviews with 30 convicted white-collar offenders all men, Benson examines the excuses and justifications used by White-Collar criminals to not only explain their involvement in the crime but also claim their innocence. It focuses mainly on the techniques that are used to deny they did anything wrong in categories separated by antitrust violators, tax violators, violations of financial trust and those committing fraud. Antitrust Violators focused on the everyday character and historical continuity of their offenses. They claimed to be following es...
Jordan Belfort is famous for his crooked way of earning his millions as a stockbroker on Wall Street. Even Belfort started at the bottom, on his first day in Wall Street he was told he was “lower than pond scum”(Belfort 1). After writing a book about his happenings on Wall Street, we’ve seen the
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
Jordan Belfort throughout his entire life subverted the law for his own financial gain, always seeing money as worth the risk in the decisions he made. His decisions were made by a rational mind of his own volition, considering the long-term possibilities and how to stay ahead of his pursuers. He constructed an environment with Stratton Oakmont to enable this behaviour, as well as corrupt those around him to follow in his footsteps. This lead to his repeated violations of laws to generate wealth when his fear of punishment was lower than that of the rewards he could potentially gain. It was only when he was confronted with the reality of his punishment and experienced it directly that he was finally deterred from his criminal behaviour.
The Wolf of Wall Street is based on the life and also the author, Jordan Belfort. Jordan becomes discontent with his everyday life and realizes his talent for selling. As he continuously gains more money, he begins using more drugs. Way more drugs. Jordan starts his own brokerage firm named Stratton-Oakmont. Jordan hires a staff of, well, criminals to help him sell cheap stocks. They would sell all of these cheap stocks to their customers, then Belfort would buy large amounts of these stocks, running up the price, and then dump it. Finally, Jordan begins running into a lot of legal trouble as the FBI is on to the ways his brokerage firm works. Although Belfort has the FBI watching him very closely, he continues to spend huge sums of money on things such as boats, cars, houses, strippers/hookers, and last, but certainly not least, drugs. As Jordan’s already massive drug problem continues to escalate, he has to keep a very large portion of his money in a European account to hide it from the Feds. Belfort ends up going to prison for 22 months for fraud of his
Jordan Belfort starts off his first day on Wall Street eager to make it to the top, only to be told he is nothing more than lowly scum by Thomas Middleditch’s character. Mark Hanna takes Jordan out to lunch later that afternoon to show him the “real” way of making money. Mark explains that there is only two ways of being a stockbroker without losing your mind, and that is with cocaine and prostitutes. Mark incepts that making money is the only goal one should have. He tells Jordan that his only objective is to move money from the client’s pocket to your pocket. Jordan is first hesitant about cheating his client’s money away from them, but puts his skepticism aside and joins in on Hanna’s power chant. Jordan faces an internal conflict similar to what many have felt; should I choose to make money even if I know my actions to obtain that money is morally wrong? Like Jordan most people selfishly continue to make money, and push away their morals aside.
The nature and damage of white-collar crime can result in a variety of punishments for the offender. Some sanctions being time in prison, some being fines, and others being a combination of both. For example, Chalana McFarland who was a real estate attorney and was accused of fraud, money laundering and other crimes costing investors $20 million. She was charged with $12 million in restitution and thirty years in prison (Haury, 2012). Another example would be Bernie Madoff, who owned Madoff Securities, was involved in a Ponzi scheme. It is believed that investors lost $50 billion dollars. Curently Madoff is serving a 150-year sentence in a prison in Butner, N.C (Haury, 2012). As these white-collar crime cases show, the costs of these crimes can be quite serve and earn life sentences as well as very hefty fines. Moreover, white-collar crimes have huge economic effects on victims, often causing life altering losses. Under consideration white-collar crimes are quite high-cost actions that hold large possible punishments and large ethical issues. In a research experiment done by Christian Seipel and Stefanie Eifler, a theory branching from rational choice theory was tested in relation to crime. The theory they explored was referred to as high- and low- cost theory. This theory discusses the factors that influence low cost crime and high cost crime. Low cost being defined as crimes that have low
Most people consider this crime to consist of CEO’s manipulating their way to making a large fortune. This of course, is true most of the time in high-profile cases. For example, in late 2001 Enron Corporation executives confessed to overstating the company’s earnings. This lead to artificially inflating what the company was worth and deceived the investors. It took some time to unravel all the fraud put behind this devious act but shows how sophisticated white-collar crime can be. Although it’s usually associated with upper management of corporations, people from all different levels and occupations can perform this crime ("How White-collar Crime Works").
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in restitution to any swindled stock buyers of his brokerage firm (A&E Networks Television). Though his lavish spending and berserk party lifestyle was consumed by excessive greed, he displayed both positive and negative aspects of business communications.
Some nonviolent felons are given lengthy jail sentences for crimes that do not cause harm to the victim or the victim's’ possessions. “On February 16, 2006, Richard P. Adelson was convicted of securities fraud, deceit, and conspiracy in connection with the overstatement of corporate earnings at Impath… Prosecutors told the court that federal sentencing guidelines called for a prison sentence of 85 years: life without
This case illustrated that there were real consequences to white collar crime. In addition to paying the fifty million dollar fine, he relinquished another fifty million dollars of his illegal trading profits. (He still had millions remaining, however, from his illegal gains.) His actual prison sentence was three years, yet he served only twenty-two months in the federal prison at Lompoc, California, which was known to have a “country-club” atmosphere.
Jordan Belfort is the notorious 1990’s stockbroker who saw himself earning fifty million dollars a year operating a penny stock boiler room from his Stratton Oakmont, Inc. brokerage firm. Corrupted by drugs, money, and sex, he went from being an innocent twenty – two year old on the fringe of a new life to manipulating the system in his infamous “pump and dump” scheme. As a stock swindler, he would motivate his young brokers through insane presentations to rile them up as they defrauded investors with duplicitous stock sales. Toward the end of this debauchery tale he was convicted for securities fraud and money laundering for which he was sentenced to twenty – two months in prison as well as recompensing two – hundred million in restitution to any swindled stock buyers of his brokerage firm. Though his lavish spending and berserk party lifestyle was consumed by excessive greed, he displayed both positive and negative aspects of business communications.
White-collar crimes and organizational structure are related because white collar-crimes thrive in organizations that have weak structures. According to Price and Norris (2009), the elites who commit white collar-crimes usually exploit weaknesses in organizational structure and formulate rules and regulations that favor their crimes. Makansi (2010) examines case studies to prove that white-collar crime is dependent on organizational structure. For example, the financial crisis that Merchant Energy Business faced in 2001-2002 occurred due to the liberal Financial Accounting Board, which failed to provide a standard model of valuing natural gas and fuel. Moreover, a financial crisis that rocked the securitization market in 2008 was due to fraudulence in the pricing of securitization products. These examples ...