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Essay on white collar criminals
The problem of white collar crime
The problem of white collar crime
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of a lower social standing, white collar criminals are typically from a high social standing and commit crime related to their occupations. Edwin Sutherland was the first to propose this idea opposing traditional beliefs that criminals were from the lower class and mentally inferior, Sutherland rather suggested that criminals could be intelligent and respectable people (Puri and Kupi, 2015).
In the United States the law defines embezzlement as a specific offence, this is unlike Canadian law which categorizes embezzlement as being a form of fraud or theft. This may be one of the reasons why Canada is referred to as a haven for white collar criminals, due to the lack of enforcement and the overall more relaxed attitude, compared to that of
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The results show that when comparing annual arrests regarding white collar crimes there is a general decrease in arrests in casino jurisdictions if arrests regarding casinos are not included. This study also assessed the reasons given by white collar criminals for having committed embezzlement or fraud, gambling is seen to be a common factor in many of the cases “a bookkeeper in Buffalo pleaded guilty to stealing $350,000 from her employer by writing checks to herself. She told the police she was trying to cover credit cards debt and gambling losses” (Albanese, Jay S …show more content…
This report defined fraud as directly affecting individual retail investors this includes Ponzi scheme, real estate investment scams and internet fraud.
Police agencies aren't the only regulators that exists to prevent and deter fraud, many organizations exist for this sole purpose (FAIR Canada, 2014, p.2). Despite both agencies working to protect Canadian investors against fraud they don't have framework to allow them to coexist and have an efficient system. The framework to collect, track and report investment fraud complaints is also lacking, with only limited information relating to fraud being published in Canada. Since many investors are not educated on or aware of the existence of such securities regulators that specifically deal with fraud they are more likely to report investment fraud to the police. The problem with this is that in recent year’s securities regulators have published more information dealing with fraud, unlike the police who have not published anything in recent years dealing with investment fraud (FAIR Canada,
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
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).
For years, casino gambling was portrayed in the media and Hollywood as being associated with criminal activities and the mafia. Now with proper scrutiny and government regulations, casino gambling has become a lucrative business, with casinos stock even trading on Wall Street. Casino gambling is an increasingly popular and legal activity in many states throughout the United States. “The term gambling or ‘gaming’ as the industry calls it, means any legalized form of wagering or betting conducted in a casino, on a riverboat, on an Indian reservation, or at any other location under the jurisdiction of the United States” (National Gambling Impact Study Commission Act). States that allow casino gambling benefit vastly by re-incorporating the taxation of commerce gained from casinos and tourism associated with the casinos back into the state and local communities.
Organized crime in Canada has many faces. The people who engage in organized crime are as varied as the types of organized crimes they engage in. There are essentially four categories of organized crime in Canada. These four categories are: (A) Aboriginal organized crime groups, (B) Outlaw motorcycle gangs, (C) Traditional Italian Mafia crime groups, ethnic groups such as Asian Triads and Vietnamese gangs, (D) Colombian cartels and emerging crime groups from Russia and Nigeria (Beare 1996: 75). Any of these groups could potentially be linked to such illegal activity as: the trafficking of narcotics, extortion, loan-sharking, various types of frauds, smuggling of cigarettes, alcohol, weapons and people (illegal aliens), pornography, prostitution, murder, and gambling. It is true that any of the groups mentioned in the above categories could be involved in any of the crimes just mentioned. However each category tends to have certain crimes that it commits with regularity, crimes that, that particular group may specialize in.As well these groups tend to have certain crimes that they do not touch. Perhaps they stay away from a particular crime because it is the speciality of a stronger group. A look into which groups do which crimes will be helpful.
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
White-collar crime is the financially motivated illegal acts that are committed by the middle and upper class through their legitimate business or government activities. This form of crime was first coined by Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” (Linden, 2016). Crime has often been associated with the lower class due to economic reasons. However, Sutherland stressed that the Criminal Justice System needed to acknowledge illegal business activity as crime due to the repercussions they caused and the damage they can cause to society (Linden, 2016). Crime was prevalently thought to only be
Canada is viewed as being a very safe and stable place to live because people are lucky enough to have healthcare, benefits for unemployment and family needs, as well as maternity leave. Crime is something that Canadians don’t often think about because people feel as though they are out of harm's way. As Canadians, we’ve watched the world experience different threats and crime, and we’ve seen the world fight back. For example, our neighbors in North America, the United States, have gone through terrorist attacks and issues with guns and violence. Just because we are witnessing these things in other places doesn’t mean that we aren’t at risk as well, and Canada does have certain approaches and regards in place if we are ever in danger. What I wish to address in this paper is how Canada is set up for reacting to crime and jeopardy, as well as an example of where we went wrong in our past. Methods in response to crime, Canada’s legal regime and the issue of Residential schooling for Aboriginals a hundred years ago will be presented.
white-collar crime” (Shapiro, S. P.). It is no surprise to anyone that positions of trust regularly decentralize to corporations, occupations, and “white-collar” individuals. Nevertheless, the concept of “white-collar crime” involves a false relationship between role-specific norms and the characteristics of those who typically occupy these roles. Most of the time, it is the offender that is looked at more than the crime itself and assumptions about the individuals automatically come into play. It has be to acknowledged that “ class or organizational position are consequential and play a more complex role in creating opportunities for wrongdoing and in shaping and frustrating the social control process than traditional stereotypes have allowed” (Shapiro, S. P.). The opportunities to partake in white-collar crime and violate the trust in which ones position carries are more dependent upon the individuals place in society, not just the work place. The ways in which white-collar criminals establish and exploit trust are an important factor in truly exploring and defining the concept of white-collar crime.
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 crimes do not garner as much media attention as that of violent crimes (Trahan, Marquart, & Mullings 2005). This is an odd fact because white collar crimes cost society much more than violent crimes do (Messner & Rosenfeld 2007). While there are many different definitions for white collar crime, Schoepfer and Piquero describe it as a nonphysical crime that is used to either obtain goods or to prevent goods from being taken (2006). People who commit these crimes are looking for personal or some sort of organizational gain and are being pressured to be economically successful from the idea of the American dream. The authors suggest that there are two types of people who commit crimes, those who have an immense desire for control and those who fear losing all they have worked hard for (Schopfer & Piquero 2006). Both groups have different reasons for turning to crime, but both groups commit the crime to benefit themselves. It was found that higher levels of high school drop outs were directly correlated to levels of embezzlement in white collar crime (2006). Because they are drop outs, they are less likely to be successful legitimately and turn to crime more often than their graduate
150 Ponzi schemes collapsed in 2009 alone, resulting in more than $16 billion in losses to tens of thousands of investors. These victims confront the challenge of calculating their losses for recovery claims as well as tax purposes. Ponzi scheme investigations currently account for approximately 21% of the Securities and Exchange Commission’s (SEC’s) enforcement workload — up from 17% in 2008 and 9% in 2005
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.
According to this view, the securities law derived has departed from the tradition common law deceit principles. The Fraud-on-the-market claims are claims for a public or a regulatory wrong, and not a private wrong. It is alleged that the defendant has harmed a public resource-the market by distorting prices.(Fisch, supra note 9.) Securities class actions are mechanism for the protection of the market rather than
He argues that most of the people who have committed the crime are usually gamblers, proving that due to their gambling addiction they turn to crime. Grinols and Mustard (2008) agree and elaborate that the casinos influence crime in a significant way, which leads to crime increasing over time which seems to be a pattern. At first, there is no increase in crime, but after 4-5 years’ crime increases. Albanese (1985) argues that even though crime increases due to the casinos over time, the risk of victimization is decreasing. He disputes that crime increases, but he is not sure that the crime committed is due to the casino as there as is no established link between them (Albanese, 2003). These experts show an agreement that crime increases as time goes on near casinos. The literature debates as to whether crime actually decrease or increases over time in communities with