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The country that we live in today has a variety different bylaws and regulations that protect citizens from potential harmful actions, in aspects that effect a person physically, mentally, and financially. When it comes to determining which crimes are the most damaging to people there are a variety of crimes that people may point to that fit the description of most harmful. Some may point to crimes such as theft, assault, and a variety of other crimes that they believe to have the most repercussions. Arguably the most harmful crime, when it pertains to financial matters of a person, concerns fraudulent acts by those who desire to make a quick buck at the expense of an unsuspecting individual. The crime of securities fraud is a crime that entails …show more content…
deceitful actions of individuals in the business arena, with some cases gaining worldwide recognition and one cases being so famous that it made its way in popular film culture. Securities Fraud is a part of white collar crime, which relates to the unethical actions of both business and government professionals when it comes to matters concerning finances. White-Collar crime carries not only hefty fines from government entities such as the Securities and Exchange commission, which is tasked with investigating deviant behavior in the world of business, but also brings forth prison time. The definition of securities fraud crime according to uslegal.com “is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws”. What the definition in essence details, is how it’s illegal for anyone to deceive potential investors by making inaccurate claims about said product or stock in order to make a sale. Deception could come in many forms, but mainly consist of three forms of deceitful factions. The first being not detailing the all the information about a certain security. The second being detailing inaccurate information to potential buyers of the security. The third being the use of “inside” information about a certain product in order to gain a competitive advantage, which is known as insider trading. The crime itself could potentially lead to a five-year stint in federal prison, There is one case that comes to mind when it comes to matters cornering securities fraud.
The case being that of Jordan Belfort during the latter part of the 1980’s and early part of the 1990’s. The crime concerned Belfort and the company he had established that of Stratton Oakmont. The company had made a living of selling low quality stocks to a variety of individuals. Stratton Oakmont employees would misrepresent the stocks of companies and make fraudulent claims in order to get the people to purchase the stocks. To go along with the action of making false claims, Stratton Oakmont would buy stocks into the companies at a very low rate. Once the price of the stock had become inflated to the point where the price would be good for the selling, the company would resell their stocks at a higher price. This practice would be termed as “pump and dump”. Stratton Oakmont would go on to dup more than 1,000 clients which totaled to around 200 million dollars. Jordan Belfort would go on to be fined an excess of 100 million dollars and would serve a term of four years in prison. The company in which Belfort created had received a hefty fine of 2.5 Million Dollars and prevent Belfort from being involved with Stratton Oakmont. The case was so unique and interesting that a movie would eventually be made called the wolf of wall street in 2013 and would garner countless
awards. The practice of committing securities fraud isn’t an uncommon practice among those in the business world. Securities Fraud comes in a variety of forms ranging from insider trading, money, laundering and a variety of other deviant actions. The case of Jordan Belfort is very a different from many cases, as a gained the attention of an entire country. Even though actions such as these don’t make the national news, actions similar to Belfort continue to this day, as countless innocent individuals are defrauded and are left with less than they had before.
While the widely exposed and discussed trials of WorldCom's and Tyco's top executives were all over the media, one of the most interesting cases of securities fraud was happening without any public acknowledgement.
The case that was provided in the Stanwick textbook provided information on the Madoff Ponzi scheme which is said to be the largest of Ponzi schemes in the world. This case was a very interesting case. It showed how Bernard Madoffs massive falsehood created disaster for around 13,600 clients. The impact from Madoff did not end with his clients being impacted but also people far and in between. Madoffs Ponzi scheme was controlled through his company that consisted of his family being the head of the company, friends, and employees. This scheme was a result for the recession that hit in 2008. The two sons of Madoff that were top employees claimed to have no connections with the Ponzi scheme.
In the Frontline documentary “The Madoff Affair”, it is revealed and painfully evident that the ability to predict, prevent, and prosecute white collar crime is flawed and highly complicated even for the government. Frontline takes a look at the first global Ponzi scheme in history and helps create a better understanding of the illegal conduct that led to the rise and fall of Bernie Madoff and those associated with his empire (Frontline, 2017). When the leadership at the top of any organization is founded on lies, secrecy, and empowered by the leaders within the industry, the corruption is deep and difficult to prosecute. The largest stock market fraud in history reinforces the need for better government regulations, enforcement of the regulations, and oversight, especially in it’s own backyard (Yang, 2014).
In 2008 the worst financial crisis since the great depression hit and left many people wondering who should be responsible. Many Americans supported the prosecution of Wall Street. To this day there have still not been any arrests of any executive on Wall Street for the financial collapse. Many analysts point out that greed of executives was one of the many factors in the crisis. I will talk about subprime loans, ill-intent, punishments, and white collar crime.
There are many crimes in America that people would consider to be major crimes. Some may say murder rape or child abuse but I think Ponzi schemes are the greatest crimes that people commit. A Ponzi scheme uses "investor money to find a productive business venture the con orders channels the proceeds from new investors to pay interest to only earlier ones"( Basu, 2014 pg.1). Ponzi schemes can come in many different shapes and sizes. Those types of disguises makes scheme hard to detect and make it hard for people to take legal actions against a company.
Corporate executives like Kenneth Lay and Martha Stewart were taken before the court for poor ethical practices. Leaders of pharmaceutical companies have been found knowing about distribution of unsafe products. Leaders at Coke Cola were found guilty of racial discrimination and leaders of cruise ships fined for dumping waste in the ocean. News reports exposed Wall Street analysts who created phony reports, made profits, and pushing worthless stocks, left citizens questioning if they should invest their money. Leaders of the world’s largest retailer, Wal-Mart, were cited for practices of employee abuses and gender discrimination.
The stock market is an enigma to the average individual, as they cannot fathom or predict what the stock market will do. Due to this lack of knowledge, investors typically rely on a knowledgeable individual who inspires the confidence that they can turn their investments into a profit. This trust allowed Jordan Belfort to convince individuals to buy inferior stocks with the belief that they were going to make a fortune, all while he became wealthy instead. Jordan Belfort, the self-titled “Wolf of Wall Street”, at the helm of Stratton Oakmont was investigated and subsequently indicted with twenty-two counts of securities fraud, stock manipulation, money laundering and obstruction of justice. He went to prison at the age of 36 for defrauding an estimated 100 million dollars from investors through his company (Belfort, 2009). Analyzing his history of offences, how individual and environmental factors influenced his decision-making, and why he desisted from crime following his prison sentence can be explained through rational choice theory.
Our world has been influence and affected by millions of events and people everyday. Some people influence the world in small ways, such as the inventor of a toothpick. Other people, such as the person who designed the first space shuttle to land on the moon, have had an extremely large impact on today's world. The person we will be talking about today is Jordan Belfort. Most people know him as the "Wolf of Wall Street". He is a famous stockbroker from the 1990's who made million by operating a penny stock room from his Stratton Oakmont, Inc. brokerage firm. He is also famous for his role in swindling millions of dollars from his investors. He was well known for his usage of the "pump and dump" scheme, which is a form of stock fraud that involves
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.
From a young age, Jordan always had a natural talent as a salesman. At an early age, he operated a door-to-door seafood and meat business in the 1980s. Upon the failure of those businesses, Belfort began selling stocks in 1987 at the age of 25. After two years of selling stocks, Jordan started his own investment operation, Stratton Oakmont, by 1989. With his partner, Danny Porush, Jordan gathered tremendous amounts of cash using a “pump and dump” scheme. Using this system, his brokers pushed stocks onto their unsuspecting clients, which helped inflate the stocks’ prices, and then the company would sell off its own holdings in these stocks at a great profit. The firm made millions illegally, defrauding its investors. The Securities Exchange Commission began efforts to stop the company's delinquent ways in 1992. In 1999, Belfort pleaded guilty to securities fraud and money laundering. He was sentenced in 2003 to four years in prison, but only served 22 months. (Source 6)
Perri, J.D., CFE, CPA, F. (2011, January/February). White-collar crime punishment too much or not enough?. FRAUDMAGAZINE, Retrieved from http://www.all-about-forensic-science.com/support-files/white-collar-crime-punishment.pdf
One of the most infamous characters that captured the public’s attention this past year is Jordan Belfort, a stockbroker better known as the “Wolf of Wall Street.” Jordan Belfort, played by Leonardo DiCaprio in the reenactment of Belfort’s first book titled, “The Wolf of Wall Street,” became a public spectacle when he aired his crime-ridden past and the momentous downfall of his life in his autobiographies turned blockbuster hit (McFarland et al., 2013). Belfort, who started his career by no unusual circumstances, became a multi-millionaire in the late 90’s selling a “pump and dump” scheme to unsuspecting investors (“Jordan Belfort Biography,” 2014). According to his autobiography, which admittedly could very well be an exaggeration of himself, claims that Belfort was a natural stockbroker, landing his first job because of an impressive sales pitch of a pen in his initial interview. Once he developed a reputation on Wall Street, Belfort opened his own firm called Stratton Oakland. He details the extraordinary company culture that he was part of and explains how it led to his eventual arrest for fraud and money laundering. His pompous personality is emphasized by his anecdotes of sex, drugs and money that were the three most important aspects in his life, whether it was at work, or in his personal life. It is clear that Belfort sported a type of superiority complex, as well as some kind of inherent drive for this type of lifestyle. Once he reached the top, no expense was too much, and he actively sought the attention from his peers for his style of living. Belfort’s personality was excessively grandiose and eccentric, revealing a sort of maladaptive manner in dealing ...
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.