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The Discovery of White Collar Crime |
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1 | (30) |
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Edwin H. Sutherland and the Discovery of White Collar Crime |
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2 | (2) |
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Box 1.1 E. H. Sutherland: The ``Father'' of White Collar Crime Studies |
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3 | (1) |
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Defining White Collar Crime |
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4 | (7) |
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Box 1.2 The Meaning of White Collar Crime: Some Issues under Debate |
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5 | (1) |
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A Multistage Approach to Defining White Collar Crime |
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5 | (3) |
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Trust and White Collar Crime |
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8 | (1) |
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Respectability and White Collar Crime |
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9 | (1) |
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Risk and White Collar Crime |
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10 | (1) |
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Comparing White Collar and Conventional Crime Offenders |
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11 | (4) |
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Box 1.3 Cross-Cultural and International Dimensions of White Collar Crime |
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12 | (1) |
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12 | (1) |
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13 | (1) |
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13 | (1) |
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14 | (1) |
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Other Demographic Variables and Differences |
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15 | (1) |
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15 | (1) |
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The Social Movement Against White Collar Crime |
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15 | (1) |
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Images of White Collar Crime: The Role of the Media |
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16 | (2) |
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Box 1.4 The National White Collar Crime Center |
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17 | (1) |
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Exposing White Collar Crime |
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18 | (11) |
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Informers and Whistleblowers |
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18 | (1) |
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Box 1.5 The Media as Entertainment: White Collar Crime in Films and on TV |
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19 | (1) |
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Box 1.6 ``Deep Throat'' and the Watergate Case |
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20 | (2) |
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Muckrakers and Investigative Reporters |
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22 | (4) |
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Box 1.7 The Internet and White Collar Crime |
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26 | (1) |
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The Consumer Movement, Public Interest Groups, and Labor Unions |
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26 | (1) |
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The Role of Politicians and Political Institutions |
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27 | (1) |
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Box 1.8 Ralph Nader and the Consumer Movement |
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28 | (1) |
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Criminal Justice Professionals and Academics (Including Criminologists) |
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29 | (1) |
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Discovering White Collar Crime, In Sum |
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29 | (1) |
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30 | (1) |
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30 | (1) |
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Studying White Collar Crime and Assessing Its Costs |
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31 | (24) |
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Underlying Assumptions and Different Perspectives |
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31 | (1) |
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Specific challenges in the Study of White Collar Crime |
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32 | (2) |
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The Complex Nature of White Collar Crime |
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32 | (1) |
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Gaining Access for Research |
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33 | (1) |
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33 | (1) |
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Obtaining Research Support |
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33 | (1) |
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Box 2.1 A Case Study: The Revco Medicaid Fraud Case |
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34 | (1) |
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Research Methods for Studying White Collar Crime |
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34 | (1) |
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Scholarly Research and White Collar Crime |
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35 | (5) |
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35 | (1) |
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36 | (1) |
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36 | (1) |
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Box 2.2 Designing a White Collar Crime Survey: Some Challenges |
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37 | (1) |
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37 | (1) |
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Secondary Data Analysis and Event History Analysis |
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38 | (1) |
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Archival Data Analysis and Historical Ethnography |
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38 | (1) |
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39 | (1) |
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Comparative Studies of White Collar Crime |
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39 | (1) |
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Students' Role as Researchers |
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40 | (1) |
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Box 2.3 Public Perception of White Collar Crime: How Serious Is It? |
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40 | (1) |
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Measuring White Collar Crime: How Prevalent Is It? |
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40 | (5) |
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Box 2.4 Conventional Crime and White Collar Crime Rates |
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42 | (1) |
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Victimization Surveys and Self-Report Studies |
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43 | (1) |
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Box 2.5 Measuring Specific Forms of White Collar Crime |
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44 | (1) |
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The Need for Reliable Data |
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44 | (1) |
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The Costs and Consequences of White Collar Crime |
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45 | (3) |
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45 | (1) |
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46 | (1) |
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47 | (1) |
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48 | (1) |
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Victims of White Collar Crime |
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48 | (5) |
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50 | (1) |
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Box 2.6 Organizations as Victims of White Collar Crime |
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51 | (1) |
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Specific Forms of Suffering of White Collar Crime Victims |
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52 | (1) |
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Box 2.7 Psychological Consequences of Fraud Victimization |
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53 | (1) |
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Studying White Collar Crime and Assessing its Costs, in Sum |
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53 | (1) |
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54 | (1) |
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54 | (1) |
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55 | (34) |
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The Historical Development of the Corporation and Corporate Crime |
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55 | (1) |
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The Corporation in Modern Society |
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56 | (3) |
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Box 3.1 ``It's Legal But It Ain't Right'' |
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58 | (1) |
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A Typology of Corporate Crime |
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59 | (1) |
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59 | (11) |
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Corporate Violence against the Public: Unsafe Environmental Practices |
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60 | (2) |
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Box 3.2 The Exxon Valdez and Prince William Sound |
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62 | (1) |
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Box 3.3 Corporate Destruction of a Community |
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63 | (1) |
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Corporate Violence against Consumers: Unsafe Products |
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63 | (4) |
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Box 3.4 The Ford Pinto Case |
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67 | (1) |
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Corporate Violence against Workers: Unsafe Working Conditions |
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67 | (1) |
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Box 3.5 The Production and Sale of Tobacco: Corporate Crime? |
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68 | (2) |
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Box 3.6 Asbestos and the Manville Corporation |
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70 | (1) |
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Corporate Abuse of Power, Fraud, and Economic Exploitation |
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70 | (14) |
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Box 3.7 The Film Recovery Systems Case |
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71 | (1) |
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Crimes against Citizens and Taxpayers: Defrauding the Government and Corporate Tax Evasion |
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71 | (1) |
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Box 3.8 Halliburton, Vice President Cheney, and Iraq War Contracts |
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72 | (2) |
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Crimes against Consumers: Price Fixing, Price Gouging, False Advertising, and Misrepresentation of Products |
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74 | (3) |
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Crimes against Employees: Economic Exploitation, Corporate Theft, Unfair Labor Practices, and Surveillance of Employees |
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77 | (1) |
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Box 3.9 The Enron Case and the Devastation of Employee Retirement Accounts |
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78 | (1) |
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Crimes against Franchisees and Suppliers: Discount and Chargeback Frauds |
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79 | (1) |
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Crimes against Competitors: Monopolistic Practices and Theft of Trade Secrets |
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79 | (1) |
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Box 3.10 The Case against Microsoft |
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80 | (1) |
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Crimes against Owners and Creditors: Managerial Accounting Fraud, Self-Dealing, and Strategic Bankruptcy |
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81 | (2) |
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Box 3.11 Adelphia, HealthSouth, WorldCom, and Accounting Fraud |
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83 | (1) |
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Are Universities and Colleges Corporate Criminals? |
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84 | (2) |
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86 | (1) |
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87 | (1) |
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87 | (2) |
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Occupational Crime and Avocational Crime |
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89 | (27) |
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Crimes by Small Businesses: Retail Crime and Service Fraud |
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90 | (3) |
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90 | (1) |
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Box 4.1 Occupational Crime as Violence: Drug Dilution and Fake Asbestos Removal |
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91 | (1) |
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Defrauding Vulnerable People |
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91 | (1) |
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92 | (1) |
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Crimes by Professionals: Medical, Legal, Academic, and Religious Crime |
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93 | (12) |
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94 | (3) |
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97 | (1) |
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Box 4.2 Lawyers and the Abuse of Political Power |
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98 | (1) |
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Academic Crime: Professors, Scientists, and Students |
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99 | (1) |
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Box 4.3 Plagiarism and Trusted Criminals |
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100 | (1) |
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Box 4.4 Stealing from the School District |
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101 | (3) |
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104 | (1) |
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105 | (7) |
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Box 4.5 Extravagant Executive Compensation: Just Reward or Grand Theft? |
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106 | (2) |
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108 | (1) |
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Employers' Responses to Employee Theft |
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108 | (1) |
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Box 4.6 Union Leaders Who Steal from Their Union Members |
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109 | (1) |
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Alternative Forms of Employee Crime |
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109 | (1) |
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Some Factors in Employee Theft |
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110 | (1) |
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Conditions in the Workplace and Employee Crime |
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111 | (1) |
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Box 4.7 Donkeys, Wolfpacks, Vultures, and Hawks: A Typology of Employee Theft |
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111 | (1) |
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Avocational Crime and White Collar Crime |
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112 | (3) |
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112 | (2) |
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Box 4.8 A Record Case of Individual Tax Evasion |
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114 | (1) |
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Other Forms of Avocational Crime |
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114 | (1) |
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Occupational and Avocational Crime, In Sum |
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115 | (1) |
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116 | (1) |
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116 | (1) |
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Governmental Crime: State Crime and Political White Collar Crime |
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116 | (29) |
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Governmental Crime: Some Basic Terms |
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118 | (1) |
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Governmental Criminality on an Epic Scale |
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119 | (2) |
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Box 5.1 The Threat of Nuclear War as Crime---and Other Weapons of Mass Destruction |
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120 | (1) |
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120 | (1) |
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U.S. Military Activity in the ``New World Order'' |
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121 | (1) |
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Forms of State Criminality |
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121 | (8) |
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Box 5.2 Post-9/11 Initiatives: Protecting Us against Terrorism or Perpetrating State Crimes? |
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122 | (1) |
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122 | (2) |
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Box 5.3 Adolf Hitler: The Greatest White Collar Criminal of the 20th Century? |
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124 | (1) |
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125 | (1) |
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126 | (1) |
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Box 5.4 Suharto and the Looting of Indonesia |
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127 | (1) |
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128 | (1) |
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129 | (5) |
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The White House and State-Organized Crime |
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130 | (1) |
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State-Organized Crime and Federal Investigative Agencies |
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131 | (2) |
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133 | (1) |
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Political White Collar Crime |
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134 | (9) |
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Political System Corruption |
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134 | (1) |
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Corruption in the Electoral Financing Process |
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134 | (1) |
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Box 5.5 The Watergate Affair |
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135 | (1) |
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Political White Collar Crime in the Executive Branch |
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136 | (4) |
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Political White Collar Crime in the Legislative Branch |
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140 | (1) |
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Political White Collar Crime in the Judicial Branch |
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141 | (1) |
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Box 5.6 Police Corruption as a Form of ``Political'' White Collar Crime |
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142 | (1) |
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Governmental Crime, In Sum |
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143 | (1) |
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144 | (1) |
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144 | (1) |
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State-Corporate Crime, Crimes of Globalization, and Finance Crime |
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145 | (28) |
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145 | (3) |
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Box 6.1 State-Corporate Crime, Nazi Germany, and the Holocaust |
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146 | (2) |
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Box 6.2 Military Contractors in Iraq: Corporate Warriors and the Halliburton Corporation |
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148 | (1) |
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148 | (5) |
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Box 6.3 Corruption in the Oil-for-Food Program |
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149 | (1) |
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Box 6.4 Sweatshops in Developing Countries: Criminal Enterprises or Economic Opportunities? |
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150 | (1) |
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The Role of the World Bank in a Global Economy |
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150 | (1) |
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The World Bank and Crimes of Globalization |
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151 | (1) |
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Box 6.5 The Dam at Pak Moon: A Case of Global Crime by Jessica Friedrichs |
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152 | (1) |
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153 | (17) |
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Banking/Thrifts Crime: The Savings and Loan Mess |
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153 | (3) |
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Box 6.6 Investment Banks: Wealth Producers or Large-Scale Fraudsters? |
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156 | (3) |
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Box 6.7 The Charles Keating Case |
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159 | (1) |
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159 | (1) |
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160 | (2) |
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Box 6.9 The Corporate Takeover Controversy |
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162 | (4) |
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Box 6.10 Insider Trading and the Martha Stewart Case |
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166 | (1) |
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Finance Crime and Financial Markets |
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166 | (1) |
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Box 6.11 Fraudulent Conduct in the Mutual Funds and Hedge Funds Industries |
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167 | (3) |
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Box 6.12 The Martin Frankel Case |
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170 | (1) |
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Hybrid White Collar Crime, In Sum |
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170 | (1) |
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171 | (1) |
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171 | (2) |
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Enterprise Crime, Contrepreneurial Crime, and Technocrime |
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173 | (25) |
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Enterprise Crime: Organized Crime and White Collar Crime |
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173 | (7) |
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The Relation between Governmental Crime and Syndicated Crime |
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175 | (1) |
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Historical Roots of Organized Crime |
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175 | (2) |
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The Relation between Syndicated Crime and White Collar Crime |
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177 | (1) |
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Box 7.1 Joe Valachi of La Cosa Nostra and Carl Kotchian of Lockheed |
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177 | (1) |
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178 | (1) |
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Box 7.2 Arson as a Form of Enterprise Crime |
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179 | (1) |
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The Relation between Syndicated Crime and Finance Crime |
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179 | (1) |
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Box 7.3 The Looting of the Thrifts and Syndicated Crime |
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180 | (1) |
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Contrepreneurial Crime: Professional Criminals and White Collar Crime |
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180 | (10) |
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Historical Origins of Professional Crime |
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181 | (1) |
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Box 7.4 Joseph ``Yellow Kid'' Weil and the Big Con |
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181 | (1) |
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The Relation between Professional Crime and White Collar Crime |
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181 | (1) |
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Fraudulent Businesses: Swindles, Scams, and Rackets |
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182 | (1) |
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183 | (1) |
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183 | (1) |
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Box 7.6 A Contrepreneur's Advice to Potential Victims |
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184 | (1) |
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Box 7.7 Advance Fee Frauds |
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185 | (1) |
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186 | (1) |
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Box 7.9 Pump and Dump: The Jonathan Lebed Case |
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187 | (3) |
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Box 7.10 When Fraud Leads to Violence |
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190 | (1) |
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Technocrime, Including Computer Crime |
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190 | (6) |
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191 | (1) |
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191 | (2) |
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Box 7.11 Identity Theft as White Collar Crime |
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193 | (1) |
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The Law and Computer Crime |
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194 | (1) |
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The Pursuit of Computer Crime Cases |
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195 | (1) |
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Other Types of Technocrime |
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195 | (1) |
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Enterprise Crime, Contrepreneurial Crime, and Technocrime, In Sum |
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196 | (1) |
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196 | (1) |
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196 | (2) |
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Explaining White Collar Crime: Theories and Accounts |
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198 | (27) |
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Underlying Assumptions and Points of Departure |
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199 | (1) |
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What Do We Want to Explain? |
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199 | (1) |
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Explaining White Collar Criminality |
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200 | (4) |
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Box 8.1 The Demonic Explanation |
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200 | (1) |
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The Biogenetic Explanation |
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201 | (1) |
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Psychological Explanations |
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201 | (2) |
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Box 8.2 Mental Illness, Drug Addiction, and Intellectual Aptitude: Factors in White Collar Crime? |
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203 | (1) |
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203 | (1) |
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Box 8.3 White Collar Delinquency |
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204 | (1) |
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Organizational Criminality and the Crimes of Organizations |
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204 | (5) |
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Organizational Responsibility |
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204 | (2) |
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The Various Dimensions of Organizational Criminality |
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206 | (2) |
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Box 8.4 Diffusion Theory and Intermediate Fraud |
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208 | (1) |
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Explaining White Collar Crime: Theories and Perspectives |
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209 | (6) |
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General Theories of Crime and White Collar Crime Theory |
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209 | (1) |
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Box 8.5 Low Self-Control and White Collar Crime |
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210 | (1) |
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Classical Criminology and Rational Choice |
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210 | (1) |
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Alternative Dimensions of Crime and Choice |
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211 | (1) |
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Box 8.6 The Moral and Sensual Attractions of White Collar Crime |
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212 | (1) |
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212 | (1) |
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Social Process and Learning |
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212 | (1) |
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Interactionism and Labeling |
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213 | (1) |
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Neutralizations, Rationalizations, and Accounts |
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213 | (1) |
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Box 8.7 The ``Presentation of Self'' and White Collar Crime |
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214 | (1) |
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Structural Strain and the Structure of Opportunity |
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215 | (1) |
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Conflict Theory and Criminogenic Societies |
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216 | (3) |
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The Structure of Contemporary Capitalist Society and White Collar Crime |
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216 | (1) |
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Radical and Critical Perspectives on White Collar Crime |
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217 | (1) |
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Box 8.8 Economic Wilding, Capitalism, and White Collar Crime |
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218 | (1) |
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Box 8.9 White Collar Crime in a Postmodern World |
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219 | (1) |
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Explaining Criminalization and White Collar Crime |
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219 | (1) |
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Box 8.10 Women as a Special Class of Victims of White Collar Crime |
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220 | (1) |
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Integrated Theories of White Collar Crime |
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220 | (1) |
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An Integrated, Multilevel Approach to Understanding the Enron et al. Cases |
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221 | (1) |
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Explaining White Collar Crime, In Sum |
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222 | (1) |
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223 | (1) |
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223 | (2) |
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Law and the Social Control of White Collar Crime |
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225 | (24) |
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Social Control and White Collar Crime |
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225 | (1) |
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Formal Law and White Collar Crime |
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226 | (1) |
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The Historical Origins of White Collar Crime Laws |
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227 | (1) |
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Box 9.1 The Carrier's Case and the Law of Employee Theft |
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228 | (1) |
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Contemporary Legislative Lawmaking and White Collar Crime |
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228 | (3) |
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The Influence of Business on the Lawmaking Process |
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229 | (1) |
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Box 9.2 The Dialectical Perspective on Lawmaking |
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230 | (1) |
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Alternative Sources and Forms of Law and Lawmaking |
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231 | (4) |
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The Constitution and Constitutional Law |
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231 | (1) |
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Box 9.3 The Sarbanes-Oxley Act |
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232 | (1) |
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233 | (1) |
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233 | (1) |
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234 | (1) |
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A Selective Review of Substantive White Collar Crime Lawmaking |
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235 | (6) |
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236 | (1) |
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Occupational Safety and Health Laws |
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237 | (1) |
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Environmental Protection Laws |
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238 | (2) |
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240 | (1) |
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Box 9.4 White Collar Crime Law and the Legal Curriculum |
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241 | (1) |
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Civil and Criminal Law and White Collar Crime |
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241 | (1) |
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Law, Corporations, and the Concept of Criminal Liability |
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242 | (5) |
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Box 9.5 Law Professor Stuart Green and the Moral Theory of White Collar Crime |
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243 | (1) |
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Corporate Criminal Liability |
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243 | (2) |
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Box 9.6 A Comparative Perspective on Corporate Criminal Responsibility |
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245 | (1) |
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Corporate Personhood and Corporate Decision Making |
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246 | (1) |
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Box 9.7 The Corporate Criminal Liability Controversy |
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247 | (1) |
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Law and the Social Control of White Collar Crime, In Sum |
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247 | (1) |
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248 | (1) |
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248 | (1) |
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Policing and Regulating White Collar Crime |
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249 | (28) |
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Criminal Justice System Policing: Law Enforcement |
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249 | (5) |
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State and Federal Enforcement Agencies |
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250 | (1) |
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251 | (1) |
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252 | (1) |
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The U.S. Postal Inspection Service |
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252 | (1) |
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The U.S. Secret Service, U.S. Customs Service, and U.S. Marshals Service |
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253 | (1) |
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The Internal Revenue Service's Criminal Investigative Division |
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253 | (1) |
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The Regulatory System Response |
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254 | (12) |
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The Origins and Evolution of Regulation |
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255 | (1) |
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The Creation and Operation of Federal Regulatory Agencies |
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256 | (1) |
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Box 10.1 The Contemporary Debate on Regulation |
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257 | (1) |
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The Regulatory Agency's Philosophy: Compliance versus Deterrence |
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258 | (1) |
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Criticisms of Regulatory Agencies |
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259 | (1) |
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Other Factors in Regulatory Response |
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260 | (1) |
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261 | (1) |
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Prominent Regulatory Agencies and Their Functions |
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261 | (3) |
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Box 10.3 The SEC in Recent Years |
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264 | (1) |
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Box 10.4 Protecting the Environment: Alternatives to Relying upon the EPA |
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265 | (1) |
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266 | (2) |
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Box 10.5 Forensic Accountants as Fraud Detectives |
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268 | (1) |
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The Role of Lawyers and Accountants in Policing White Collar Crime |
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268 | (4) |
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Lawyers and Professional Ethics |
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269 | (1) |
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Accountants and Auditing Responsibilities |
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270 | (2) |
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Self-Regulation: Internal Controls and Professional Associations |
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272 | (3) |
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Box 10.6 The Role of Corporate Boards in Self-Regulation |
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273 | (1) |
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Self-Regulation in Financial Firms |
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273 | (1) |
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Self-Regulation and the Professions |
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274 | (1) |
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Policing and Regulating White Collar Crime, In Sum |
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275 | (1) |
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275 | (1) |
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276 | (1) |
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Prosecuting, Defending, and Adjudicating White Collar Crime |
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277 | (30) |
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Prosecution at the Local, State, and Federal Levels |
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277 | (7) |
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277 | (2) |
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279 | (1) |
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Box 11.1 The Pinto Case: Prosecuting the Ford Motor Company |
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280 | (1) |
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280 | (1) |
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Box 11.2 New York Attorney General Eliot Spitzer and Wall Street |
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281 | (1) |
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The Prosecution of Antitrust Cases |
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282 | (1) |
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The Prosecution of Environmental Crime |
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282 | (1) |
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Special Prosecutors (Independent Counsel) |
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283 | (1) |
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The Role of the Grand Jury in White Collar Crime Cases |
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284 | (1) |
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Box 11.3 ``Perp Walks'' for White Collar Crime Defendants |
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285 | (1) |
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Defending White Collar Criminals |
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285 | (4) |
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Box 11.4 David Bodies and White Collar Crime Cases |
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286 | (2) |
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Box 11.5 To Testify or Not to Testify |
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288 | (1) |
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Adjudicating White Collar Crime: Plea Bargaining and Trial |
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289 | (1) |
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The Role of the Trial Jury |
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290 | (2) |
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Box 11.6 Jurors and Punitive Damages |
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291 | (1) |
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Judges and the Sentencing of White Collar Criminals |
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292 | (1) |
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Box 11.7 Reversal of Arthur Andersen Conviction Due to Jury Charge by Judge |
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292 | (1) |
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292 | (6) |
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Explaining Disparities in Sentences for White Collar Offenders |
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294 | (2) |
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Sentencing Organizational Offenders |
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296 | (1) |
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Sentencing Guidelines and White Collar Offenders |
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297 | (1) |
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White Collar Criminals in the Correctional System |
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298 | (3) |
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Box 11.8 House Arrest as Punishment |
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300 | (1) |
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301 | (4) |
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Box 11.9 SLAPPs: Strategic Lawsuits against Public Participation |
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302 | (1) |
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Box 11.10 William Lerach: Shareholder Hero or Economic Terrorist? |
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303 | (1) |
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Citizen Suits and Class Action Suits |
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303 | (1) |
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304 | (1) |
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Box 11.11 The Role of Mediators and Arbitrators in the Settlement of Complaints |
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305 | (1) |
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Prosecuting and Adjudicating White Collar Crime, In Sum |
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305 | (1) |
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306 | (1) |
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306 | (1) |
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Responding to the Challenge of White Collar Crime |
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307 | (25) |
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Raising Consciousness about White Collar Crime |
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307 | (1) |
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Policy Options for Responding to White Collar Crime |
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308 | (1) |
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Responding to White Collar Crime as a Moral Issue |
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308 | (3) |
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Box 12.1 Do Moral Appeals Work? |
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309 | (1) |
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Business Ethics Courses in the Curriculum |
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309 | (1) |
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Business Ethics within the Business World |
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310 | (1) |
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Box 12.2 Can a Corporation Be Ethically Transformed? The Case of Tyco |
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311 | (1) |
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Securing Compliance and Sanctioning White Collar Crime |
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311 | (2) |
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Box 12.3 Shaming as a Response to White Collar Crime |
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312 | (1) |
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Law and the Coercive Response to White Collar Crime |
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313 | (2) |
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Civil Suits and Penalties |
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314 | (1) |
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Compliance versus Punitive Approaches to Corporate Crime |
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314 | (1) |
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Deterrence and White Collar Crime |
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315 | (3) |
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Box 12.4 ``Just Deserts'' and Corporate Crime |
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316 | (2) |
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Box 12.5 A ``Chief Criminologist'' for the SEC? |
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318 | (1) |
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Rehabilitation, Probation, and Enforced Self-Regulation |
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318 | (2) |
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318 | (1) |
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Box 12.6 The ``Devil's Advocate'' and Corporate Probation |
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319 | (1) |
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319 | (1) |
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Fines, Restitution, and Community Service |
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320 | (2) |
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Sentencing Guidelines for Fines |
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321 | (1) |
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322 | (1) |
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322 | (1) |
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Occupational Disqualification |
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322 | (1) |
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Box 12.7 Contractual Disqualification for Corporations |
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323 | (1) |
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323 | (1) |
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Organizational Reform and Corporate Dissolution |
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324 | (2) |
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Box 12.8 Citizen Works Proposals for Cracking Down on Corporate Crime |
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325 | (1) |
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Box 12.9 A Stakeholder Model for Corporations: Costco and Whole Foods |
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326 | (1) |
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Responding to Residual Forms of White Collar Crime |
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326 | (1) |
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Controlling Governmental Crime |
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326 | (2) |
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Box 12.10 Responding to White Collar Crime Internationally |
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327 | (1) |
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Structural Transformation as a Response to White Collar Crime |
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328 | (1) |
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Responding to the Challenge of White Collar Crime, in Sum |
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329 | (1) |
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A Concluding Note: Trusted Criminals and White Collar Crime in the 21st Century |
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329 | (1) |
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330 | (1) |
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330 | (2) |
| Appendix: White Collar Crime in Films |
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332 | (3) |
| References |
|
335 | (77) |
| Name Index |
|
412 | (13) |
| Subject Index |
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425 | |
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