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Problems with white collar crime
Problems with white collar crime
Problems with white collar crime
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White collar crime has become as interwoven in the criminal fabric as the murders perpetrated by mobsters of the 1950’s. According to our text, white collar crime has increased in cost and volume from 2006 to 2009. The cost of white collar crime in 2006 was estimated at just under $200 million and in 2009 it topped $559 million (p. 170). A so called ‘victimless’ crime represents the devastation left by a Madoff Ponzi scheme that bilks the final savings of trusting investors losing not only their nest eggs but the innocence of trusting someone you have had a relationship, in some cases from the early 90’s. What can be done to ensure a scheme like this doesn’t occur in the future is answered with the pie in the sky resolve that if every
John Jacob Jingleheimer Schmidt was a Harvard graduate, Founder of a hedge fund, CEO and portfolio manager of International Management Associates LLC. John Jacob Jingleheimer Schmidt swindles millions of dollars from his clients. IMA collapsed in 2006, when Jingleheimer Schmidt wrote bad checks to his client and investor NFL football players. John Jacob Jingleheimer Schmidt was charged with security fraud and money laundering. John Jacob Jingleheimer Schmidt was looking to served jail sentence of approximately 710 years when he grew a flower in his jail cell. (AJC News)
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).
With the evolution of our economy and technology we have experienced a new wave of crime and it’s not by the low level street criminals you would expect, but high end, tie wearing business men and women. Merriam-Webster defines crime as “an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law” (Merriam-Webster). There are many types of crime but the two this paper will focus on are white collar crime and its comparison to street crime. You won’t find an official definition of street crime, but it’s normally thought of as theft, robbery, car theft, arson, drug dealing, and vandalism. The phrase “white-collar crime” was first
In modern times, society is still burdened by individuals seeking to get rich quick. Names such as Marty Frankel and Robert Rooney, with their modern form of the Ponzi scheme, have appeared in the news. Although modern con-artists may enjoy the short success Ponzi did, none may ever possess the charm, the demeanor, or the ability to touch the hearts of individuals intended to be swindled.
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
E.). There are various costs of white-collar crime, although an accurate measurement is not easy, they are hard to asses as well as very complex. There are enormous financial losses, sometimes physical damage as a result of negligence, as well as social costs: weakened trust in a free economy, confidence loss in political organizations, and destruction of public morality. “White collar crime could also set an example of disobedience for the general public, with citizens who rarely see white-collar offenders prosecuted and sent to prison becoming cynical about the criminal justice system” (Conklin, J. E.). White-collar crime is undeniably a crime and often encompasses elaborate
Today, worldwide, there are several thousands of crimes being committed. Some don’t necessarily require a lethal weapon but are associated with various types of sophisticated fraud, this also known as a white-collar crime. These crimes involve a few different methods that take place within a business setting. While ethical business practices add money to the bottom line, unethical practices are ultimately leading to business failure and impacting the U.S. financially.
Why does white collar and corporate crime tend to go undetected, or if detected not prosecuted? White collar and corporate crimes are crimes that many people do not associate with criminal activity. Yet the cost to the country due to corporate and white collar crime far exceeds that of “street” crime and benefit fraud. White collar and corporate crimes refer to crimes that take place within a business or institution and include everything from tax fraud to health and safety breaches. Corporate crime is extremely difficult to detect for many reasons.
White collar crime has been discussed more frequently in the last few years. The news has made society aware that white collar crime occurs almost as often as other criminal activity. In fact, white collar crime is one of the most costly crimes. It is a billion dollar criminal industry. White collar criminals seem to continue to engage in the criminal practices because there is no set standard in the penalties given to those that are caught. A look into the public’s perception on whether the penalties given is harsh enough for white collar criminals since most types of crimes have a set of standard penalties for those convicted. A standard set of penalties needs to be looked at for white collar crimes to help in eliminating the criminal behavior and saving society billions of dollars a year.
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.
The foundation of our country, the keystone to our democratic system, is the integrity of social institutions that we not only assume we can trust but have come to rely on for most aspects in our daily lives. The integrity of these social institutions can only be achieved through building blocks such as internal controls and independent, verifiable information. White collar criminals build a sense of false integrity around them in order to gain the trust of their victims, ranging from the young to the very old. Friedrich’s (2010) Trusted Criminals defines the foundation to white collar crime, the level of trust we have for those in power. We trust those in charge, those with power, and those who represent the integrity of our social institutions.
In the twentieth century, White Collar and Organized Crimes have attracted the attention of the U.S. Criminal Justice System due to the greater cost to society than most normal street crime. Even with the new attention by the Criminal Justice System, both are still pretty unknown to the general public. Although we know it occurs, due to the lack of coverage and information, society does not realize the extent of these crimes or the impact. White Collar and Organized is generally crime committed by someone that is considered respectable and has a high social status. The crimes committed usually consist of fraud, insider trading, bribery, embezzlement, money laundering, identity theft or forgery. One person would not normally commit all of these but likely one or the other.
In this paper I will be discussing some of the social and demographic characteristics of white-collar criminals and also how these offenders differ from individuals that commit street crimes. I will also discuss some distinctive characteristics of white-collar offenders. Finally, I will delve into what is known about the psychology of white-collar offenders.
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 ...
It would be nearly impossible to find a South African who has not been affected by crime in one way or another. “White-collar crime,” a term first used by Edwin Sutherland in 1939, describes crime that is non-violent, but for the purpose of personal financial gain. This type of crime, including fraud and corruption, is becoming a greater problem in South Africa every year, and it is negatively affecting the country as a whole. Although they are not violent, fraud and corruption cause as much harm as any other types of crime, and a great effort must be made soon to stop them.