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Trusted Criminals : White Collar Crime in Contemporary Society

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Edition:
3rd
ISBN13:

9780495006046

ISBN10:
0495006041
Format:
Paperback
Pub. Date:
6/6/2006
Publisher(s):
Wadsworth Publishing
List Price: $134.00

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Summary

TRUSTED CRIMINALS: WHITE COLLAR CRIME IN CONTEMPORARY SOCIETY is a comprehensive guide that covers topics ranging from the problems involved in studying white collar crimes to the principal focus of the crimes to the character of the legal and criminal justice response to the crime.

Author Biography

David O. Friedrichs is Professor of Sociology/Criminal Justice at the University of Scranton.

Table of Contents

The Discovery of White Collar Crime
1(30)
Edwin H. Sutherland and the Discovery of White Collar Crime
2(2)
Box 1.1 E. H. Sutherland: The ``Father'' of White Collar Crime Studies
3(1)
Defining White Collar Crime
4(7)
Box 1.2 The Meaning of White Collar Crime: Some Issues under Debate
5(1)
A Multistage Approach to Defining White Collar Crime
5(3)
Trust and White Collar Crime
8(1)
Respectability and White Collar Crime
9(1)
Risk and White Collar Crime
10(1)
Comparing White Collar and Conventional Crime Offenders
11(4)
Box 1.3 Cross-Cultural and International Dimensions of White Collar Crime
12(1)
Age
12(1)
Class
13(1)
Race
13(1)
Gender
14(1)
Other Demographic Variables and Differences
15(1)
Criminal Careers
15(1)
The Social Movement Against White Collar Crime
15(1)
Images of White Collar Crime: The Role of the Media
16(2)
Box 1.4 The National White Collar Crime Center
17(1)
Exposing White Collar Crime
18(11)
Informers and Whistleblowers
18(1)
Box 1.5 The Media as Entertainment: White Collar Crime in Films and on TV
19(1)
Box 1.6 ``Deep Throat'' and the Watergate Case
20(2)
Muckrakers and Investigative Reporters
22(4)
Box 1.7 The Internet and White Collar Crime
26(1)
The Consumer Movement, Public Interest Groups, and Labor Unions
26(1)
The Role of Politicians and Political Institutions
27(1)
Box 1.8 Ralph Nader and the Consumer Movement
28(1)
Criminal Justice Professionals and Academics (Including Criminologists)
29(1)
Discovering White Collar Crime, In Sum
29(1)
Key Terms
30(1)
Discussion Questions
30(1)
Studying White Collar Crime and Assessing Its Costs
31(24)
Underlying Assumptions and Different Perspectives
31(1)
Specific challenges in the Study of White Collar Crime
32(2)
The Complex Nature of White Collar Crime
32(1)
Gaining Access for Research
33(1)
Obtaining Statistics
33(1)
Obtaining Research Support
33(1)
Box 2.1 A Case Study: The Revco Medicaid Fraud Case
34(1)
Research Methods for Studying White Collar Crime
34(1)
Scholarly Research and White Collar Crime
35(5)
Case Studies
35(1)
Experiments
36(1)
Surveys
36(1)
Box 2.2 Designing a White Collar Crime Survey: Some Challenges
37(1)
Observational Research
37(1)
Secondary Data Analysis and Event History Analysis
38(1)
Archival Data Analysis and Historical Ethnography
38(1)
Content Analysis
39(1)
Comparative Studies of White Collar Crime
39(1)
Students' Role as Researchers
40(1)
Box 2.3 Public Perception of White Collar Crime: How Serious Is It?
40(1)
Measuring White Collar Crime: How Prevalent Is It?
40(5)
Box 2.4 Conventional Crime and White Collar Crime Rates
42(1)
Victimization Surveys and Self-Report Studies
43(1)
Box 2.5 Measuring Specific Forms of White Collar Crime
44(1)
The Need for Reliable Data
44(1)
The Costs and Consequences of White Collar Crime
45(3)
Direct Costs
45(1)
Indirect Costs
46(1)
Physical Costs
47(1)
Other Costs
48(1)
Victims of White Collar Crime
48(5)
The Role of the Victim
50(1)
Box 2.6 Organizations as Victims of White Collar Crime
51(1)
Specific Forms of Suffering of White Collar Crime Victims
52(1)
Box 2.7 Psychological Consequences of Fraud Victimization
53(1)
Studying White Collar Crime and Assessing its Costs, in Sum
53(1)
Key Terms
54(1)
Discussion Questions
54(1)
Corporate Crime
55(34)
The Historical Development of the Corporation and Corporate Crime
55(1)
The Corporation in Modern Society
56(3)
Box 3.1 ``It's Legal But It Ain't Right''
58(1)
A Typology of Corporate Crime
59(1)
Corporate Violence
59(11)
Corporate Violence against the Public: Unsafe Environmental Practices
60(2)
Box 3.2 The Exxon Valdez and Prince William Sound
62(1)
Box 3.3 Corporate Destruction of a Community
63(1)
Corporate Violence against Consumers: Unsafe Products
63(4)
Box 3.4 The Ford Pinto Case
67(1)
Corporate Violence against Workers: Unsafe Working Conditions
67(1)
Box 3.5 The Production and Sale of Tobacco: Corporate Crime?
68(2)
Box 3.6 Asbestos and the Manville Corporation
70(1)
Corporate Abuse of Power, Fraud, and Economic Exploitation
70(14)
Box 3.7 The Film Recovery Systems Case
71(1)
Crimes against Citizens and Taxpayers: Defrauding the Government and Corporate Tax Evasion
71(1)
Box 3.8 Halliburton, Vice President Cheney, and Iraq War Contracts
72(2)
Crimes against Consumers: Price Fixing, Price Gouging, False Advertising, and Misrepresentation of Products
74(3)
Crimes against Employees: Economic Exploitation, Corporate Theft, Unfair Labor Practices, and Surveillance of Employees
77(1)
Box 3.9 The Enron Case and the Devastation of Employee Retirement Accounts
78(1)
Crimes against Franchisees and Suppliers: Discount and Chargeback Frauds
79(1)
Crimes against Competitors: Monopolistic Practices and Theft of Trade Secrets
79(1)
Box 3.10 The Case against Microsoft
80(1)
Crimes against Owners and Creditors: Managerial Accounting Fraud, Self-Dealing, and Strategic Bankruptcy
81(2)
Box 3.11 Adelphia, HealthSouth, WorldCom, and Accounting Fraud
83(1)
Are Universities and Colleges Corporate Criminals?
84(2)
Corporate Crime, In Sum
86(1)
Key Terms
87(1)
Discussion Questions
87(2)
Occupational Crime and Avocational Crime
89(27)
Crimes by Small Businesses: Retail Crime and Service Fraud
90(3)
Retail Crime
90(1)
Box 4.1 Occupational Crime as Violence: Drug Dilution and Fake Asbestos Removal
91(1)
Defrauding Vulnerable People
91(1)
Service Business Fraud
92(1)
Crimes by Professionals: Medical, Legal, Academic, and Religious Crime
93(12)
Medical Crime
94(3)
Legal Crime
97(1)
Box 4.2 Lawyers and the Abuse of Political Power
98(1)
Academic Crime: Professors, Scientists, and Students
99(1)
Box 4.3 Plagiarism and Trusted Criminals
100(1)
Box 4.4 Stealing from the School District
101(3)
Religious Crime
104(1)
Employee Crime
105(7)
Box 4.5 Extravagant Executive Compensation: Just Reward or Grand Theft?
106(2)
Forms of Employee Theft
108(1)
Employers' Responses to Employee Theft
108(1)
Box 4.6 Union Leaders Who Steal from Their Union Members
109(1)
Alternative Forms of Employee Crime
109(1)
Some Factors in Employee Theft
110(1)
Conditions in the Workplace and Employee Crime
111(1)
Box 4.7 Donkeys, Wolfpacks, Vultures, and Hawks: A Typology of Employee Theft
111(1)
Avocational Crime and White Collar Crime
112(3)
Income Tax Evasion
112(2)
Box 4.8 A Record Case of Individual Tax Evasion
114(1)
Other Forms of Avocational Crime
114(1)
Occupational and Avocational Crime, In Sum
115(1)
Key Terms
116(1)
Discussion Questions
116(1)
Governmental Crime: State Crime and Political White Collar Crime
116(29)
Governmental Crime: Some Basic Terms
118(1)
Governmental Criminality on an Epic Scale
119(2)
Box 5.1 The Threat of Nuclear War as Crime---and Other Weapons of Mass Destruction
120(1)
The Vietnam War
120(1)
U.S. Military Activity in the ``New World Order''
121(1)
Forms of State Criminality
121(8)
Box 5.2 Post-9/11 Initiatives: Protecting Us against Terrorism or Perpetrating State Crimes?
122(1)
The Criminal State
122(2)
Box 5.3 Adolf Hitler: The Greatest White Collar Criminal of the 20th Century?
124(1)
The Repressive State
125(1)
The Corrupt State
126(1)
Box 5.4 Suharto and the Looting of Indonesia
127(1)
State Negligence
128(1)
State-Organized Crime
129(5)
The White House and State-Organized Crime
130(1)
State-Organized Crime and Federal Investigative Agencies
131(2)
Police Crime
133(1)
Political White Collar Crime
134(9)
Political System Corruption
134(1)
Corruption in the Electoral Financing Process
134(1)
Box 5.5 The Watergate Affair
135(1)
Political White Collar Crime in the Executive Branch
136(4)
Political White Collar Crime in the Legislative Branch
140(1)
Political White Collar Crime in the Judicial Branch
141(1)
Box 5.6 Police Corruption as a Form of ``Political'' White Collar Crime
142(1)
Governmental Crime, In Sum
143(1)
Key Terms
144(1)
Discussion Questions
144(1)
State-Corporate Crime, Crimes of Globalization, and Finance Crime
145(28)
State-Corporate Crime
145(3)
Box 6.1 State-Corporate Crime, Nazi Germany, and the Holocaust
146(2)
Box 6.2 Military Contractors in Iraq: Corporate Warriors and the Halliburton Corporation
148(1)
Crimes of Globalization
148(5)
Box 6.3 Corruption in the Oil-for-Food Program
149(1)
Box 6.4 Sweatshops in Developing Countries: Criminal Enterprises or Economic Opportunities?
150(1)
The Role of the World Bank in a Global Economy
150(1)
The World Bank and Crimes of Globalization
151(1)
Box 6.5 The Dam at Pak Moon: A Case of Global Crime by Jessica Friedrichs
152(1)
Finance Crime
153(17)
Banking/Thrifts Crime: The Savings and Loan Mess
153(3)
Box 6.6 Investment Banks: Wealth Producers or Large-Scale Fraudsters?
156(3)
Box 6.7 The Charles Keating Case
159(1)
Insider Trading
159(1)
Box 6.8 The BCCI Case
160(2)
Box 6.9 The Corporate Takeover Controversy
162(4)
Box 6.10 Insider Trading and the Martha Stewart Case
166(1)
Finance Crime and Financial Markets
166(1)
Box 6.11 Fraudulent Conduct in the Mutual Funds and Hedge Funds Industries
167(3)
Box 6.12 The Martin Frankel Case
170(1)
Hybrid White Collar Crime, In Sum
170(1)
Key Terms
171(1)
Discussion Questions
171(2)
Enterprise Crime, Contrepreneurial Crime, and Technocrime
173(25)
Enterprise Crime: Organized Crime and White Collar Crime
173(7)
The Relation between Governmental Crime and Syndicated Crime
175(1)
Historical Roots of Organized Crime
175(2)
The Relation between Syndicated Crime and White Collar Crime
177(1)
Box 7.1 Joe Valachi of La Cosa Nostra and Carl Kotchian of Lockheed
177(1)
Hazardous Waste Disposal
178(1)
Box 7.2 Arson as a Form of Enterprise Crime
179(1)
The Relation between Syndicated Crime and Finance Crime
179(1)
Box 7.3 The Looting of the Thrifts and Syndicated Crime
180(1)
Contrepreneurial Crime: Professional Criminals and White Collar Crime
180(10)
Historical Origins of Professional Crime
181(1)
Box 7.4 Joseph ``Yellow Kid'' Weil and the Big Con
181(1)
The Relation between Professional Crime and White Collar Crime
181(1)
Fraudulent Businesses: Swindles, Scams, and Rackets
182(1)
Box 7.5 The Fence
183(1)
Fraud
183(1)
Box 7.6 A Contrepreneur's Advice to Potential Victims
184(1)
Box 7.7 Advance Fee Frauds
185(1)
Box 7.8 Charity as Fraud
186(1)
Box 7.9 Pump and Dump: The Jonathan Lebed Case
187(3)
Box 7.10 When Fraud Leads to Violence
190(1)
Technocrime, Including Computer Crime
190(6)
Technocrime Defined
191(1)
Computer Crime
191(2)
Box 7.11 Identity Theft as White Collar Crime
193(1)
The Law and Computer Crime
194(1)
The Pursuit of Computer Crime Cases
195(1)
Other Types of Technocrime
195(1)
Enterprise Crime, Contrepreneurial Crime, and Technocrime, In Sum
196(1)
Key Terms
196(1)
Discussion Questions
196(2)
Explaining White Collar Crime: Theories and Accounts
198(27)
Underlying Assumptions and Points of Departure
199(1)
What Do We Want to Explain?
199(1)
Explaining White Collar Criminality
200(4)
Box 8.1 The Demonic Explanation
200(1)
The Biogenetic Explanation
201(1)
Psychological Explanations
201(2)
Box 8.2 Mental Illness, Drug Addiction, and Intellectual Aptitude: Factors in White Collar Crime?
203(1)
Sociogenic Explanations
203(1)
Box 8.3 White Collar Delinquency
204(1)
Organizational Criminality and the Crimes of Organizations
204(5)
Organizational Responsibility
204(2)
The Various Dimensions of Organizational Criminality
206(2)
Box 8.4 Diffusion Theory and Intermediate Fraud
208(1)
Explaining White Collar Crime: Theories and Perspectives
209(6)
General Theories of Crime and White Collar Crime Theory
209(1)
Box 8.5 Low Self-Control and White Collar Crime
210(1)
Classical Criminology and Rational Choice
210(1)
Alternative Dimensions of Crime and Choice
211(1)
Box 8.6 The Moral and Sensual Attractions of White Collar Crime
212(1)
Social Control and Bonds
212(1)
Social Process and Learning
212(1)
Interactionism and Labeling
213(1)
Neutralizations, Rationalizations, and Accounts
213(1)
Box 8.7 The ``Presentation of Self'' and White Collar Crime
214(1)
Structural Strain and the Structure of Opportunity
215(1)
Conflict Theory and Criminogenic Societies
216(3)
The Structure of Contemporary Capitalist Society and White Collar Crime
216(1)
Radical and Critical Perspectives on White Collar Crime
217(1)
Box 8.8 Economic Wilding, Capitalism, and White Collar Crime
218(1)
Box 8.9 White Collar Crime in a Postmodern World
219(1)
Explaining Criminalization and White Collar Crime
219(1)
Box 8.10 Women as a Special Class of Victims of White Collar Crime
220(1)
Integrated Theories of White Collar Crime
220(1)
An Integrated, Multilevel Approach to Understanding the Enron et al. Cases
221(1)
Explaining White Collar Crime, In Sum
222(1)
Key Terms
223(1)
Discussion Questions
223(2)
Law and the Social Control of White Collar Crime
225(24)
Social Control and White Collar Crime
225(1)
Formal Law and White Collar Crime
226(1)
The Historical Origins of White Collar Crime Laws
227(1)
Box 9.1 The Carrier's Case and the Law of Employee Theft
228(1)
Contemporary Legislative Lawmaking and White Collar Crime
228(3)
The Influence of Business on the Lawmaking Process
229(1)
Box 9.2 The Dialectical Perspective on Lawmaking
230(1)
Alternative Sources and Forms of Law and Lawmaking
231(4)
The Constitution and Constitutional Law
231(1)
Box 9.3 The Sarbanes-Oxley Act
232(1)
Case Law
233(1)
Executive Lawmaking
233(1)
Administrative Law
234(1)
A Selective Review of Substantive White Collar Crime Lawmaking
235(6)
Antitrust Law
236(1)
Occupational Safety and Health Laws
237(1)
Environmental Protection Laws
238(2)
The RICO Law
240(1)
Box 9.4 White Collar Crime Law and the Legal Curriculum
241(1)
Civil and Criminal Law and White Collar Crime
241(1)
Law, Corporations, and the Concept of Criminal Liability
242(5)
Box 9.5 Law Professor Stuart Green and the Moral Theory of White Collar Crime
243(1)
Corporate Criminal Liability
243(2)
Box 9.6 A Comparative Perspective on Corporate Criminal Responsibility
245(1)
Corporate Personhood and Corporate Decision Making
246(1)
Box 9.7 The Corporate Criminal Liability Controversy
247(1)
Law and the Social Control of White Collar Crime, In Sum
247(1)
Key Terms
248(1)
Discussion Questions
248(1)
Policing and Regulating White Collar Crime
249(28)
Criminal Justice System Policing: Law Enforcement
249(5)
State and Federal Enforcement Agencies
250(1)
The FBI
251(1)
The Inspectors General
252(1)
The U.S. Postal Inspection Service
252(1)
The U.S. Secret Service, U.S. Customs Service, and U.S. Marshals Service
253(1)
The Internal Revenue Service's Criminal Investigative Division
253(1)
The Regulatory System Response
254(12)
The Origins and Evolution of Regulation
255(1)
The Creation and Operation of Federal Regulatory Agencies
256(1)
Box 10.1 The Contemporary Debate on Regulation
257(1)
The Regulatory Agency's Philosophy: Compliance versus Deterrence
258(1)
Criticisms of Regulatory Agencies
259(1)
Other Factors in Regulatory Response
260(1)
Box 10.2 Agency Capture
261(1)
Prominent Regulatory Agencies and Their Functions
261(3)
Box 10.3 The SEC in Recent Years
264(1)
Box 10.4 Protecting the Environment: Alternatives to Relying upon the EPA
265(1)
Private Policing
266(2)
Box 10.5 Forensic Accountants as Fraud Detectives
268(1)
The Role of Lawyers and Accountants in Policing White Collar Crime
268(4)
Lawyers and Professional Ethics
269(1)
Accountants and Auditing Responsibilities
270(2)
Self-Regulation: Internal Controls and Professional Associations
272(3)
Box 10.6 The Role of Corporate Boards in Self-Regulation
273(1)
Self-Regulation in Financial Firms
273(1)
Self-Regulation and the Professions
274(1)
Policing and Regulating White Collar Crime, In Sum
275(1)
Key Terms
275(1)
Discussion Questions
276(1)
Prosecuting, Defending, and Adjudicating White Collar Crime
277(30)
Prosecution at the Local, State, and Federal Levels
277(7)
Local Prosecutors
277(2)
State Attorney Generals
279(1)
Box 11.1 The Pinto Case: Prosecuting the Ford Motor Company
280(1)
Federal Prosecutors
280(1)
Box 11.2 New York Attorney General Eliot Spitzer and Wall Street
281(1)
The Prosecution of Antitrust Cases
282(1)
The Prosecution of Environmental Crime
282(1)
Special Prosecutors (Independent Counsel)
283(1)
The Role of the Grand Jury in White Collar Crime Cases
284(1)
Box 11.3 ``Perp Walks'' for White Collar Crime Defendants
285(1)
Defending White Collar Criminals
285(4)
Box 11.4 David Bodies and White Collar Crime Cases
286(2)
Box 11.5 To Testify or Not to Testify
288(1)
Adjudicating White Collar Crime: Plea Bargaining and Trial
289(1)
The Role of the Trial Jury
290(2)
Box 11.6 Jurors and Punitive Damages
291(1)
Judges and the Sentencing of White Collar Criminals
292(1)
Box 11.7 Reversal of Arthur Andersen Conviction Due to Jury Charge by Judge
292(1)
Sentencing
292(6)
Explaining Disparities in Sentences for White Collar Offenders
294(2)
Sentencing Organizational Offenders
296(1)
Sentencing Guidelines and White Collar Offenders
297(1)
White Collar Criminals in the Correctional System
298(3)
Box 11.8 House Arrest as Punishment
300(1)
Civil Suits
301(4)
Box 11.9 SLAPPs: Strategic Lawsuits against Public Participation
302(1)
Box 11.10 William Lerach: Shareholder Hero or Economic Terrorist?
303(1)
Citizen Suits and Class Action Suits
303(1)
Collateral Civil Suits
304(1)
Box 11.11 The Role of Mediators and Arbitrators in the Settlement of Complaints
305(1)
Prosecuting and Adjudicating White Collar Crime, In Sum
305(1)
Key Terms
306(1)
Discussion Questions
306(1)
Responding to the Challenge of White Collar Crime
307(25)
Raising Consciousness about White Collar Crime
307(1)
Policy Options for Responding to White Collar Crime
308(1)
Responding to White Collar Crime as a Moral Issue
308(3)
Box 12.1 Do Moral Appeals Work?
309(1)
Business Ethics Courses in the Curriculum
309(1)
Business Ethics within the Business World
310(1)
Box 12.2 Can a Corporation Be Ethically Transformed? The Case of Tyco
311(1)
Securing Compliance and Sanctioning White Collar Crime
311(2)
Box 12.3 Shaming as a Response to White Collar Crime
312(1)
Law and the Coercive Response to White Collar Crime
313(2)
Civil Suits and Penalties
314(1)
Compliance versus Punitive Approaches to Corporate Crime
314(1)
Deterrence and White Collar Crime
315(3)
Box 12.4 ``Just Deserts'' and Corporate Crime
316(2)
Box 12.5 A ``Chief Criminologist'' for the SEC?
318(1)
Rehabilitation, Probation, and Enforced Self-Regulation
318(2)
Probation
318(1)
Box 12.6 The ``Devil's Advocate'' and Corporate Probation
319(1)
Enforced Self-Regulation
319(1)
Fines, Restitution, and Community Service
320(2)
Sentencing Guidelines for Fines
321(1)
Restitution
322(1)
Community Service
322(1)
Occupational Disqualification
322(1)
Box 12.7 Contractual Disqualification for Corporations
323(1)
Incarceration
323(1)
Organizational Reform and Corporate Dissolution
324(2)
Box 12.8 Citizen Works Proposals for Cracking Down on Corporate Crime
325(1)
Box 12.9 A Stakeholder Model for Corporations: Costco and Whole Foods
326(1)
Responding to Residual Forms of White Collar Crime
326(1)
Controlling Governmental Crime
326(2)
Box 12.10 Responding to White Collar Crime Internationally
327(1)
Structural Transformation as a Response to White Collar Crime
328(1)
Responding to the Challenge of White Collar Crime, in Sum
329(1)
A Concluding Note: Trusted Criminals and White Collar Crime in the 21st Century
329(1)
Key Terms
330(1)
Discussion Questions
330(2)
Appendix: White Collar Crime in Films 332(3)
References 335(77)
Name Index 412(13)
Subject Index 425


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