How Does the Criminal Justice System Respond to White Collar and Corporate Crime?

Criminals walk amongst us everyday. When people hear the word criminal, “murderer”, “robber”, and “arsonist”, are what most people think of. No one thinks about the CEO of a billion dollar company, the everyday pharmacist, or even a trusted personal financial advisor. This is due to the “respectability” and “high social status” these occupations hold (Temchenko, 2016). Of the many crimes committed every year, white collar crimes are one of the most highest crimes committed because they are overlooked. On July 28, 2016 , 14-year-old Bresha Meadows, who had no prior record of violence, was arrested and potentially up for a life sentence in prison for saving her family from more domestic abuse by shooting her father (Jeltsen, 2016) . In 2003 the former chairman and chief executive of MCSi Michael E. Peppel, who pleaded guilty to conspiracy, money laundering and filing false documents with the Securities and Exchange Commission was only sentenced to spend seven days in prison because Peppel was a “remarkably good man”. The charges against Peppel carry a minimum 8 year sentence (Henning, 2013). Sentencing disparities between white collar crime versus street crime is a crime within itself and some form of justice needs to be served.

Most people, when they hear the word “crime,” think about street crime or violent crime such as murder, rape, theft, or drugs. However, there is another type of crime that has cost people their life savings, investors’ billions of dollars, and has had significant impacts of multiple lives; it is called white collar crime. The Federal Bureau of Investigation defines white collar crime as

#5. Identify the principal agents who expose white collar crime in contemporary society. What factors motivate people to expose such crime, and what factors inhibit them from doing so? What specific policy measures can be adopted to encourage exposure of white collar crime?

Edwin H. Sutherland is given credit for introducing the term white collar crime during the late 1930’s. However, in today’s times there is still confusion on the specific definition of what qualifies as a white collar crime and how it should be defined. In addition, there are key differences between conventional crimes and white collar crime in age, race, class, and other various factors. The media has added to these differences by portraying these two crimes quite differently. In regards to Sutherland, I found his study on 70 of the largest U.S. manufacturing, mining, and mercantile corporations and their wrongdoings. Sutherlands study confirmed that 97 percent of these corporations were criminal recidivists. Yet, in these corporations view

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.

Regulating and controlling white-collar crimes continues to be one of the many challenges facing the criminal justice system. Corporate corruption can make investigating criminal activity very challenging for law enforcement due to governmental involvement. The failure of enforcement efforts to protect society against criminal activity has led to the success of corporate crimes. Companies are successfully harming the environment and gaining profit through corporate-state crimes with governmental help.

So, we can look at the different people who commit these crimes and why, crime data supports clear tendencies regarding criminal race, gender, education level and class, when one thinks of the word crime we think of crimes committed by the average criminal such has a crime against a person involving bodily harm and threat of bodily harm, or other actions committed against the will of the victim, assaults battery, sexual assault, domestic violence and robbery, other crimes are arson, shoplifting, and drug crimes, when one looks at white collar crime which is associated with crimes committed by someone of a higher level social class, crimes like fraud, embezzlement, tax evasion and money laundering. White collar crime is distinguished from the everyday crime in two important ways, the cases are very difficult to prosecute, white collar crimes are often far more complex than normal crimes. The current criminal justice system is shaped by bias crimes unique to the wealthy are either ignored or treated lightly while the so called common crimes of the poor lead to arrest, charges, convictions and imprisonment. When one looks at the criminal justice system they have created the image that crime is almost exclusively the work off the poor, has they say the rich get richer

The main goal of this proposal is to explain how corporate crimes affect not only those directly related to the company, but also how it affects families, friends, other companies, schools, and many others. In short, this research will lead into thinking about how corporate crimes affect people on a personal level, but also how to stop the crimes from happening in the first place. This study is important to note because many people who have never been directly affected by these crimes may not see how it ties into their own lives. It is a practical research study that will aid in educating the general public on these white collar crimes, which will in turn, lower the rate at which these crimes occur.

There was a time when white collar was not actually considered because of laws being particularly targeted for violent crimes. Nevertheless, times have changed for a better outcome dealing with white-collar crime. Even recent years have shown results. As stated by the FBI (2010-2011) During FY 2011, cases pursued by the FBI resulted in 242 indictments/information and 241 convictions of corporate criminals. Numerous cases are pending plea agreements and trials. During FY 2011, the FBI secured $2.4 billion in restitution orders and $16.1 million in fines from corporate criminals. So it is a newly developed crime

White Collar crime is not a crime unto it self, but instead a criteria that has to be met in order for a crime to be considered as White- Collar Crime; (Blount, 2002) hence the reason why Corporate Crime is also considered as White- Collar Crime. At the same time, White Collar Crime and Corporate Crime can be seen as distinct criminological categories, however, in order to reveal this, this essay will firstly be exploring Sutherland's definition of white collar crime and the perplexity with this definition of white-collar crime. It will then be looking at the modification which had to take place with Sutherland's definition of white-collar crime in order to established a distinction between white-collar and corporate crime.

Most everyone goes home after a long day of work and watches the news. Think, what is usually reported? The weather, local activities, headline news, or daily criminal activity. Shootings, stabbings, homicides, etc. are all discussed by media anchors these days. This causes most everyone in our society to become familiar with crimes that are considered street crimes. What most people don’t hear about on the news is what is considered white-collar crime, sometimes known as corporate crime. White-collar crime not only is less reported in the media but also receives weaker punishments than street crime. This paper will first discuss the similarities between the two types of crime and then explain why their punishments are strongly

White collar crime is often associated with crimes committed within businesses. These include different forms of fraud such as tax fraud, welfare fraud, money laundering, and property crime (Simpson & Benson, 2009: 42). These forms of white collar crime often have a huge impact on the welfare of the society in profound ways. For instance, according to an article authored by McGrath, a company that suffers losses from fraud must make up for this loss by for example raising the prices of its products. Hikes in prices would mean that consumers would be required to dig dipper into their pockets thus affecting their finances. The loss from fraud could also make the affected company to take drastic measures such as layoffs or implementing salary cuts for the employees (McGrath, n.d).

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

White collar crime is a serious issue in the United States. White-collar crime is “a crime committed by a person of respectability and high social status in the course of his occupation” (cornell.edu). Examples of such offenses include bribery, credit card fraud, insurance fraud, bank fraud, blackmail, extortion, forgery, securities fraud, tax evasion, embezzlement, repair scams, Ponzi and pyramid schemes. These non-violent crimes are responsible for an estimated $250 billion to $1 trillion in economic damages each year (Martinez). Individuals who commit white collar crimes have an increased likelihood to experience injustice compared to those who commit a street crime as noted in multiple studies detailed in various scholarly articles. Also, street criminals have a greater chance of getting caught in their wrongdoings versus white-collar criminals. Those who commit white collar crime make their decisions based on the philosophy or idea that their actions have low risk and a high reward. We face a dilemma in the United States because white-collar criminals are treated with minimal, inequitable punishment due to their social status, whereas the street criminals are treated with the correct, impartial punishment.

Quinney (1964), “Because the validity of white collar crime as a form of crime has been a subject of severe controversy, the question of conceptual clarity has largely been ignored. Today, as a result, the meaning of the concept is not always clear” (p208).