The Experts below are selected from a list of 11484 Experts worldwide ranked by ideXlab platform
Petter Gottschalk - One of the best experts on this subject based on the ideXlab platform.
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Corporate White-Collar Crime Scandals
2020Co-Authors: Petter GottschalkAbstract:By examining White-Collar Crime scandals using the theory of convenience, Petter Gottschalk offers ways to improve the detection of Crime signals and investigative skills in fraud examinations, as well as improve change management measures.
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Convenience Triangle in White-Collar Crime
2019Co-Authors: Petter GottschalkAbstract:The ‘convenience triangle’ is the dynamic relationship between motive, opportunity, and willingness to commit a Crime, which culminates in the illegal acts which constitute White-Collar Crime. This book aims to discuss the role of the ‘convenience triangle’ in White-Collar Crime, how it affects the perpetration of these Crimes, the impact of this on detection and prevention and the effects of the punitive measures taken against White-Collar criminals.
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White-Collar Crime Research
White-Collar Crime in the Shadow Economy, 2018Co-Authors: Petter Gottschalk, Lars GunnesdalAbstract:One of the theoretical challenges facing scholars is to develop an accepted definition of White-Collar Crime. The main characteristic is that it is economic Crime committed by a person of respectability and high social status in the course of an occupation. While Edwin Sutherland’s concept of White-Collar Crime has enlightened sociologists, criminologists, and management researchers, the concept may have confused attorneys, judges and lawmakers. One reason for this confusion is that White-Collar Crime in Sutherland’s research is both a Crime committed by a specific type of person, and it is a specific type of Crime. Later research has indicated, as applied in this book, that White-Collar Crime is no specific type of Crime, it is only a Crime committed by a specific type of person.
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Negative organizational dynamics as enabler of White-Collar Crime
International Journal of Police Science & Management, 2018Co-Authors: Petter GottschalkAbstract:Policing White-Collar Crime continues to be a critical issue for law enforcement all over the world. Organizational dynamics is an interesting perspective on White-Collar Crime. Organizational dyna...
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Characteristics of White-Collar Crime
Investigating White-Collar Crime, 2017Co-Authors: Petter GottschalkAbstract:Both an offense-based perspective and an offender-based perspective on White-Collar Crime are presented, where the typical offender has legitimate access to organizational resources to commit and conceal Crime based on trust and privileges in an occupational setting.
Trung Nguyen - One of the best experts on this subject based on the ideXlab platform.
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The Effectiveness of White‐Collar Crime Enforcement: Evidence from the War on Terror
Journal of Accounting Research, 2021Co-Authors: Trung NguyenAbstract:This paper analyzes the impact of changes in regulatory priorities and resource allocation on criminal enforcement of white‐collar criminal activities. Using the 9/11 terrorist attacks as a shock to the FBI's priorities and allocation of investigative resources, as well as variation in the Muslim population in the United States, I examine whether prioritization of counterterrorism investigations after 9/11 is associated with weaker enforcement of laws targeting white‐collar Crime. I then use a difference‐in‐differences estimation to study the magnitude of any increase in white‐collar Crime resulting from reduced oversight. I find a significantly greater reduction in white‐collar criminal cases referred by FBI field offices that shifted more of their investigative focus away from white‐collar Crime to counterterrorism. Further, geographic areas in the jurisdictions of FBI field offices with greater shifts in attention from white‐collar Crime to counterterrorism experienced greater increases in wire fraud, illegal insider‐trading activities, and fraud within financial institutions.
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The Effectiveness of White-Collar Crime Enforcement: Evidence from the War on Terror
SSRN Electronic Journal, 2017Co-Authors: Trung NguyenAbstract:This paper studies the deterrent effect of criminal enforcement on White-Collar criminal activities. Using the 9/11 terrorist attacks as a shock to the FBI's allocation of investigative resources and priorities, and variations in the Muslim population in the United States as a measure of geographic variations in the shock, I examine two questions: (1) Does the bureau's shift to counter-terrorism investigations after 9/11 lead to a reduction in the enforcement of laws targeting White-Collar Crime? (2) Does White-Collar Crime increase as a result of less oversight? Using a difference-in-differences estimation approach, I find that there is a significantly greater reduction in White-Collar criminal cases referred by FBI field offices that shift their investigative focus away from White-Collar Crime to counter-terrorism. I also find that areas overseen by FBI field offices that shift their attention from White-Collar Crime to counter-terrorism experience a significantly greater increase in wire fraud, illegal insider trading activities, and fraud within financial institutions.
Dave Knight - One of the best experts on this subject based on the ideXlab platform.
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Policing white collar Crime: characteristics of white collar criminals
Police Practice and Research, 2017Co-Authors: Dave KnightAbstract:Policing White Collar Crime: Characteristics of White Collar Criminals presents a comprehensive view of white collar Crime and criminals. The book begins by examining different typologies and categ...
Mary Dodge - One of the best experts on this subject based on the ideXlab platform.
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Women and White-Collar Crime
Criminology, 2020Co-Authors: Mary DodgeAbstract:The inclusion of gender in the field of White-Collar Crime represents a relatively new and challenging area of study and research. The existing information on this topic is scarce, though research is emerging at a steady pace on women who commit offenses and on victimology. Several reasons explain the lack of attention on women who commit White-Collar Crime and patterns of victimization. First, historical research on people who commit offenses focused on men because they committed the highest number of Crimes. Illegal activities committed by women were viewed as aberrations that rarely occurred. Initial empirical studies and theories in criminology were developed based on young male delinquents who were engaged in the majority of offenses and White-Collar Crimes remained anonymous deeds that, historically, received little recognition. The trend to study males holds true, despite the rising number of females who have become involved in the criminal justice system. Young boys and men continue to outpace women on almost all criminal offenses. Second, women were engaged in domestic duties that hindered their participation in the workforce. As a consequence of their status as wives, mothers, and homemakers the Crimes women committed were related to prostitution, shoplifting, welfare fraud, and embezzlement. Women had few opportunities to commit corporate or occupational White-Collar Crime. Though women fought to gain equal rights, particularly in the workplace, high-level positions in corporations were rare and the glass ceiling prevented advancement in many companies. Third, until the mid-1970s few feminist scholars were active in the fields of criminology and criminal justice, which stunted growth in the area. Finally, the debates over definitional issues and lack of access to large data sources on White-Collar Crime stymied research efforts. The problematic nature of deciding what actions constitute White-Collar Crime emerged almost immediately after Edwin Sutherland’s 1939 presidential address at the American Society of Sociology (later renamed the American Sociological Association). Sutherland argued that a huge portion of Crime committed by respectable businessmen in positions of power was being ignored, despite the serious harm caused by their actions. The myopic attention on street-level Crime resulted in societal, scholarly, and journalistic failures to acknowledge suite-level offenses and victims. While scholarly efforts to explore White-Collar Crime grew, the idea that women might be involved failed to emerge until 1975. Incidents of women committing White-Collar Crime were so rare that fraudulent schemes were the exception to the rule. Scholars noted that low-level White-Collar offenses by women, such as embezzlement, may be worth investigating, though many people believed these actions represented pink-collar Crimes. The lack of opportunity in male dominated corporate and professional realms resulted in few women who participated in, for example, insider trading, Ponzi schemes, or price-fixing. A few female scholars, however, recognized that the issue was not about gender and the ability to commit White-Collar Crime, but instead depended on opportunity.
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Women and White-Collar Crime
Oxford Research Encyclopedia of Criminology and Criminal Justice, 2019Co-Authors: Mary DodgeAbstract:Women and White-Collar Crime is a topic that has, overall, received little attention in the literature. Initially, women were omitted from discussion and research because of their lack of participation, though some early commentary focused on victimization. When Edwin Sutherland first drew public and academic attention to White-Collar Crimes, few women were employed in positions that were conducive to commit elite Crimes related to occupations or professions. According to Sutherland, White-Collar Crime involved professional men in positions of trust. From 1939 until the 1970s, work on White-Collar offenders and offenses was male-centric, which included both scholarly researchers who were exploring the topic and males committing the majority of Crimes. Corporations and respected professionals, not women, were presented with a multitude of opportunities to engage in White-Collar Crimes with little or no serious consequences. Primarily male corporate executives, politicians, and medical professionals committed White-Collar Crimes that included, for example, activities such as price fixing, insider trading, bribery, insurance fraud, and Ponzi schemes. Women, who lacked opportunity outside the private sphere of the home, were less involved in Crime overall and certainly were in no position to commit White-Collar offenses. In the 1940s and 1950s, female Crime was typically viewed as promiscuous, aberrant, and male-like behavior. Eventually, in the mid-1970s as more women moved into the public sphere seeking employment, early predictions by female scholars suggested that an increased involvement in White-Collar Crime was inevitable. The types of Crimes committed by women, as noted by pioneering female scholars, were likely to expand beyond prostitution, check kiting, and shoplifting to White-Collar offenses as opportunities became increasingly available in the public sphere. Gender inequality in most criminal endeavors continues to exist and more recent debates continue about the role of women in White-Collar Crime.
Ellen S. Podgor - One of the best experts on this subject based on the ideXlab platform.
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Introduction: Examining White Collar Crime With Trifocals
Fordham Urban Law Journal, 2016Co-Authors: Ellen S. PodgorAbstract:I. Legislative Drafting II. The Ubiquitous Nature of White Collar Crime III. Public Perception IV. Trifocals "White collar Crime," a term coined by sociologist Edwin Sutherland in 1939, (1) is one of the hottest legal topics in the news. (2) One finds discussion in the media of cases of corporate criminal liability, (3) financial fraud, (4) ponzi schemes, (5) environmental Crimes, (6) public corruption, (7) and a host of other non-violent economic criminal acts. (8) Large law firms that once shied away from representing criminal matters, or buried them within the firm under titles like "special matters," now advertise their skill and expertise in handling corporate and individual clients facing possible indictment. (9) Whether it is the Savings and Loan fiasco, (10) the Enron debacle, (11) or more recently the financial fraud crisis, (12) legislation and prosecution of white collar Crime is a subject of growing concern. (13) Yet, despite the growing use of the term "white collar Crime," statistical monitoring of this form of criminality proves challenging. Bureau of Justice statistical reporting does not have a designated category called white collar Crime. Many offenses, such as embezzlement, fraud, and forgery, come under property Crimes. (14) But one also finds public-order offenses and a category called "other" that houses some Crimes that appear to be what a lay person would perceive as white collar offenses. (15) For example, newer offenses such as cyberCrime and identity theft are often found as distinct categories for statistical reporting. (16) The difficulties encompassed in reporting and categorizing Crimes as pertaining to white collar ones can be seen by examining Crimes prosecuted under the Racketeer Influenced and Corrupt Organization Act ("RICO"). (17) The RICO Act presents unique issues for categorization as the statutes allow for conduct that clearly falls within street Crimes, while also providing a basis for many white collar prosecutions. (18) When a RICO case involves organized Crime killings, it is easy to say that this is not white collar Crime. Yet, when the RICO predicate is mail fraud, (19) or involves public corruption activities, the white collar category may seem well suited. Who should prosecute this form of criminality is also uncertain. What was once limited to the federal arena, has now moved beyond United States Attorneys' Offices and the Manhattan District Attorney's Office, with local entities and states now prosecuting white collar Crimes. (20) Prosecutions are also not limited to conduct within the United States. For example, on the federal level, one finds the prosecution of international activities with statutes such as the Foreign Corrupt Practices Act, (21) a Crime of bribery that fits neatly within the white collar rubric. Also noteworthy in demonstrating the huge terrain covered by white collar criminality is the fact that it is common to see celebrities as the subject of a white collar Crime prosecution. Parading celebrity cases before the media offers a front-page advertisement for general and specific deterrence. (22) It is obvious from this preview that the study of white collar Crime covers a vast breadth of conduct, people, places, and forms of criminality. The wealth of available material related to white collar Crime, therefore, makes this symposium particularly important. Clearly, many different and important topics could and should be considered in reflecting on white collar Crime. The Articles by the six authors in this Book highlight three important and consistent themes relevant to white collar Crime. First is that there are many challenges faced in the legislative drafting of white collar Crime statutes. (23) Second is that when one studies white collar Crime, it is important to think beyond the courtroom and even beyond the United States. (24) Finally, public perception plays a crucial role in white collar Crime discussions. …
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'White Collar Crime': Still Hazy After All These Years
2015Co-Authors: Ellen S. Podgor, Lucian E. DervanAbstract:With a seventy-five year history of sociological and later legal roots, the term “white collar Crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar Crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under hybrid white collar statutes of perjury, false statements, obstruction of justice, and RICO. The empirical analysis suggests the need for an individualized multivariate approach to categorizing white collar Crime to guard against broad federal statutes providing either under-inclusive or over-inclusive examination of this form of criminality.
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100 Years of White Collar Crime in 'Twitter'
2011Co-Authors: Ellen S. PodgorAbstract:Despite the fact that Twitter did not exist when the term “white collar Crime” was coined in 1939, it is an interesting exercise to highlight the last 100 years of white collar criminal activity using “tweets.” In so doing, this Essay tries to capture some of the key events that have been prominent in the white collar world. This Essay first examines corporate criminal liability, looks next at individual liability, and then discusses key statutes and Crimes that have been used in the prosecution of white collar criminal activity. In this regard, mail fraud, RICO, and perjury are examined. Sentencing issues and how they have influenced the treatment of white collar Crime are tweeted. The ultimate goal of this fictional presentation is to demonstrate a historical overview of white collar Crime happenings and is so doing evaluate its progression over time.
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100 Years of White Collar Crime in "Twitter"
The Review of Litigation, 2011Co-Authors: Ellen S. PodgorAbstract:I. INTRODUCTION One could hardly use Twitter to track 100 years of white collar Crime, since this social networking forum was first created in 2006. ' But neither could one go back 100 years to track white collar Crime since the term "white collar Crime" was first coined by Edwin Sutherland in 1939.2 So this Essay commences with two false conceptions: both Twitter and the term white collar Crime have not existed for 100 years. As a social networking website that allows individuals to post messages called "tweets" of up to 140 characters, Twitter advertises itself as "a real-time information network powered by people all around the world that lets you share and discover what is happening now."3 Had it existed for the last 100 years it is likely that many recent white collar Crime events would have been permanently displayed on Twitter sites throughout the world. After all, white collar criminals and their activities are not new themes with the media. What this Essay attempts to do is capture some of the key events in the last 100 years that would likely have been prominently displayed on Twitter, had it existed at the time. It looks first at corporate criminal liability, then individual liability, and then discusses key statutes and Crimes that have been used in the prosecution of white collar criminal activity. In this regard, mail fraud, RICO, and perjury are examined. Finally, this Essay notes some of the sentencing issues that have influenced the treatment of white collar Crime. The ultimate goal of this fictional presentation is to demonstrate a historical overview of white collar Crime happenings. But in doing so, it is important to note that the events mentioned are merely representative of many white collar Crime investigations and prosecutions. This is not an exhaustive study of white collar Crime over the past 100 years. II. WHICH PRISON WILL CORPS GO TO? Well before the term "white collar Crime" was coined, corporations had been found criminally liable. The Supreme Court's decision in New York Central and Hudson River Rail Road Company v. United States* is often cited as the first to impose corporate criminal liability for a Crime that required a mens rea.5 Decided in 1909, the decision upheld criminal liability for violations of the Elkins Act.6 Fearful that criminal offenses would go unpunished, the Court decided that there was no rationale for excluding corporations from criminal liability.7 The criminal acts in the New York Central case were performed by a general freight traffic manager and assistant traffic manager, individuals who were clearly agents of the company and acting within the scope of their employment.8 Despite the fact that prior decisions had limited corporate criminal liability to acts of omission or strict liability Crimes, this Court extended criminal liability to corporations that violated a rebating statute with a required mens rea element.9 In so doing, the Court rejected the common law approach that corporations could not be criminally culpable because they had neither "mind," nor "body," and were incapable of being "imprisoned."10 It seems likely that corporate criminality has been influential in the rise of white collar criminal sections in major law firms. Fifty years ago, it was common for large law firms to send white collar Crime cases to criminal attorneys who were not a part of their law firm.11 Eventually larger firms formed "special matters" departments within the firm to handle the white collar criminal cases.12 Today one finds significant acceptance of white collar representation in major law firms.13 Perhaps if New York Central was handed down in more recent times, the tweet of white collar defense attorneys might be "At last (sigh) paying clients." And federal prosecutors might be tweeting, "Alas, corporations pay." Proving corporate criminal liability has been easier in recent years as a result of a doctrine that allows for a collection of evidence to serve as the basis for showing entity liability. …
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White Collar Crime: A Letter from the Future
2007Co-Authors: Ellen S. PodgorAbstract:Congratulations on winning the election. It was a tough race you fought against Jenna Bush. And I am sure that in the upcoming months people will have issues with the new satellite TV voting system that was just used. But, it is important that you move ahead with your agenda. You asked that I write you concerning the term “white collar Crime”—what it is, and how best your administration should handle things. I thought I would cover three things in this letter: First, what is white collar Crime and what are the problems the government had in reporting its white collar Crime statistics. Second, some of the key mistakes made in the past in handling white collar and corporate criminal liability matters. Finally, my suggestions for what your administration could do to better deter economic Crimes. White collar Crime was a term created by a sociologist 100 years ago, in the year 1939. A man named Edwin Sutherland gave a speech to the American Sociological Society, and he said that we needed to start punishing Crime committed by “men of affairs, of experience, of refinement and culture, of excellent reputation and standing in the business and social world.” The next year he wrote a book, and oddly enough all the examples in that book were from corporations. Most people prosecuting or defending white collar Crime, however, never really bothered to read what he wrote. If they had, they would have realized
