Corporate Tax Evasion Essay example

White collar crime, as a rule, is less visible than conventional crime. A white collar crime, by definition, is a non-violent act involving deception, typically committed by a business person or public official. lawyershop.com

In R v. Potisk (1973) The Police charged Potisk with larceny after he was given $2895.17 instead of $1233.23 by a bank teller when exchanging the USD currency and was found not guilty by the supreme court after the judge ruled that it is was not larceny and he was given the money although he was being dishonest. The law is effective in determining justice in this case because he didn't take the money without consent, he was being dishonest and was found not guilty because the judge and evidence proved he committed no econmoic offence. When it comes to white-collar crimes tax evasion is the most common of the three offences (Insider trading, tax evasion and computer crimes). These three offences have different sentences depending on the severeity of the crime but have a minimum of 8 years

Another way in which Gesualdi exemplifies the definition of white collar crimes lies in the way he describes the scope of white collar deviance. He notes that the global economy is owned by a few people who give rise to various crimes. This is because of the power that they control over governments. For instance, the existence of few multinationals that control the economy lead to the rise of white collar crimes in the United States. This is due to the unfair and illegal economic practices adopted by the institutions (Gesualdi 42). In essence, Gesualdi is suggesting that white collar crimes include illegal and unfair trade practices. Since the organizations enjoy market monopoly they engage in activities such as price control, fraud and illegal advertising. Further, these firms have the practice of relocating their production plants to other cheap economy countries so as to avoid expenses and evade tax. All these actions, as Gesualdi suggests, amount to white collar crimes.

What is a White Collar crime? It’s a crime that is committed in high business positions, but it can be

When I say white collar crime a few ideas usually will fill the average persons head. Many will immediately think of Bernie Madoff. This scumbag ran a ponzie scheme spanning multiple decades and made over 60 billion dollars in the process. He was eventually caught and thankfully is spending the rest of his natural born life in prison. Someone might also think of Martha Stewart. Martha, to the surprise of her fans, was much more than that loveable women on the home shopping network or the cooking channel. Martha was caught committing an act called insider trading. According to (The U.S. Securities and Exchange Commission), insider trading is when an individual has knowledge not known to the public about what is going to occur within a company

Charley Long, a truck driver, works for a seafood company in Mobile, Alabama. Charley helps to deliver fresh seafood to customers from Mobile with the company’s truck. Charley leaves Mobile every weekday at 4:00pm and arrives his last stop at 12:00 midnight. It’s up to Charley whether to drive straight back or spend a night along the road as Charley’s company doesn’t reimburse any his lodging and food expense. Charley sometimes sleeps in his cab in which is equipped with sleeping facilities, having one meal on his way. Occasionally, Charley stays in motels during which he will eat two meals. The IRS disallowed all his expenses generated in his trips, as IRS believes that his expenses are personal expenses.

White-collar crime is defined as the financial motivations of non-violent crimes that are committed by professionals of business and those of the government. In the field of criminology, Edwin Suthelan (1939), a socialist who was the first person to define white-collar crime as a crime that respectable and those people of higher social status commit. The crimes include those associated with fraud, bribery, embezzlement, cybercrime, money laundering, theft of the identity and many more crimes that are nonviolent. For the white collar crimes, the offenses committed should produce some gains financially. The crimes are thereby committed by those persons holding various positions in businesses or organizations, and it is because of this position they can gain access to amounts of huge money that they get from the people like customers with whom they serve. The criminals involved are not caught in activities that are violent, involved in drug issues or illegal activities.

In 1939, American sociologist Edwin Sutherland introduced the phrase “white-collar crime”. White-collar crime is a nonviolent crime committed by a business or large corporations. They are usually scams or frauds to gain wealth in society. The people who are guilty of this crime lie, cheat and steal from investors of their company or business. Even though these crimes are non-violent, they have major impacts on the society. Their companies become non existent and families get destroyed. All of their life savings and savings for their children get taken away, and they become bankrupt. Not only does it affect their families, the investors who believed in their business lose millions or even billions of dollars.

Most corporate financing decisions in practice reduce to a choice between debt and equity. The finance manager wishing to fund a new project, but reluctant to cut dividends or to make a rights issue, which leads to the decision of borrowing options. The issue with regards to shareholder objectives being met by the management in making financing decisions has come to become a major issue of recent times. This relates to understanding the concept of the agency problem. It deals with the separation of ownership and control of an organisation within a financial context. The financial manager can raise long-term funds internally, from the company’s cash flow, or externally, via the capital market, the market for funds

In the Encyclopaedia of White-Collar Crime, co-authors Jurg Gerber and Eric. L Jensen define corporate crime as “violations of federal or state laws that are committed by employees on behalf of the company rather than simply for their own gain.” The definition and classification of what falls under a corporate crime is highly problematic in that corporations can afford defence lawyers that can find loopholes in the legislation in order to avoid charges. Even more perplexing, is that “corporations define the laws under which they live” according to Russell Mokhiber report’s Top 100 Corporate Criminals of the Decade (1996) published in the Corporate Crime Reporter. Mokhiber introduces the example that “the automobile industry... has worked its will on Congress to block legislation that would impose criminal sanctions on knowing and wilful

White-Collar Crime consists of occupational crime and corporate crime. Occupational crime refers to offences committed against legitimate institutions businesses or government by those with "respectable" social status. It includes the embezzlement of corporate funds, tax evasion, computer crime and expense-account fraud. It is not every day that we hear about white-collar crimes but these non-violent crimes are on the rise to the top. Federal Bureau of Investigation states that USA, for example recorded white collar crimes amounting $300 billion every year (Cornell University, 2010). White-collar crime is relatively a new idea. It has many aspects that are practical for study and further interpretation to clear some of its dark areas. White-Collar Crime was once introduced by Edwin Sutherland in 1939 during his speech in American Sociological Society. The following crimes actually performed are Bribery, Extortion, Insurance, Fraud, Embezzlement, Cybercrime etc. People who participate in these criminal activities are highly powerful and respectful among the society. The following activities include description about White-collar Crime, Investigation of White Collar Crime and The Consequences of committing a White-collar Crime.

From the standpoint of the criminal, the ideal white- collar crime is one that will never be recognized or detected as a criminal act. (Radzinowicz 325-335) Corporate Crime Corporate crime is the type of crime that is engaged in by individuals and groups of individuals who become involved in criminal conspiracies designed to improve the market share or profitability of their corporations. ( Siegel 338) Corporations are legal entities, which can be and are subjected to criminal processes. There is today little restriction on the range of crimes for which corporations may be held responsible, though a corporation cannot be imprisoned. The most controversial issue in regard to the study of corporate crime revolves around the question of whether corporate crime is "really crime." Corporate officials, politicians, and many criminologists object to the criminological study of corporate criminality on the strictest sense of the word. The conventional and strictly legal definition of crime is that it is an act, which violates the criminal law and is thereby punishable by a criminal court. From this perspective a criminal is one who has been convicted in a criminal court. Given these widely accepted notions of crime and criminals, it is argued that what is called corporate crime is not really

Brenda Franklin had been serving Allied Tech for the past 8 years. As any other organisations, Brenda used to be a part of the lunch hour conversations with her colleagues. One day when her colleagues were discussing about corruption and politics, something occurred to her. As a result she prepared a list called “Ethically Dubious Conduct” and pasted it on the common notice board. Her colleagues were taken by surprise. Brenda was now anticipating the next lunch where she was expecting her list to be analysed among her colleagues.

In this paper the exciting criminal phenomenon known as white-collar crime will be discussed. Corporate Crime and Computer Crime will be discussed in detail. Crime preventative agencies such as the NCPC (National Crime Prevention Council) will also be researched. White Collar Crime The late Professor Edwin Sutherland coined the term white-collar crime about 1941. Sutherland defined white-collar crime as "a crime committed by a person of respectability and high social status in the course of his occupation" (Siegel 337) White-collar crime includes, by way of example, such acts as promulgating false or misleading advertising, illegal exploitation of employees, mislabeling of goods, violation of weights and measures statutes, conspiring to

and the sale of noncore assets were common. Moreover, in anticipation of sluggish sales in the