TYPES OF WHITE COLLAR CRIME:-
According to Herbert Edelhertz white collar are of four types on the basis of motivation of the perpetrator. They are:-
1. Individual basis crime like as income tax evasion, bankruptcy fraud, credit purchase or taking loans with no intention to pay and insurance fraud.
2. In the course of employment. Such employment violates their duty of loyalty towards their customer and employee. Such crime are bribery, kickbacks, embezzlement and pilfering. These type of criminal are work for government, as business employee and other established firm.
3. Crime related to business operation such as food and drugs violation, misrepresentation in advertising and prescription fraud.
4. Crime as a business or as the central
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They are individual to individual like fraudulent lawyes and doctor etc, crime of employee against their company like embezzlers, crime commit by policy makers and violets trust, crime commit by public employee or servant , crime against consumer commit by merchant and business man and crime commit by agent of any organization. In sort Block and Geis classify white collar crime on the basis of nature of individual and involvement of individual.
General categorization of white collar crime developed by Croall. According to her white collar crime are of seven types and later added two
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Counterfeit intellectual property and product
5. Fraud on both companies and individual called as data compromise fraud.
6. Fraud which involves the conversion to his own use of funds or property by servant, an employment, an agent or any person who is entrusted al these by other person or company.
7. Sometime employee leak commercially sensitive information to other company who engage in that same trade or business. This is called as insider trading. It not effect public directly but sometime it effect market which directly affect public.
8. Most common fraud crime is tax fraud. Failure to pay direct taxes, indirect taxes and excises.
4.2. Consumer offences:- This type crime involve violation of law and regulation which related to production, distribution and sale of goods and services. Many advertisements which are fail in meets the general standard of advertisement like as advertisement related to health product, building safety compliance etc. television program which mainly mislead people like as that’s life, watchdog, sach ka amna samna, moneybox, kon banega crorepati etc. it also involve saleing of counterfeit
A white collar crime is committed to make profits, they are not the acts of madmen or irrational people. They are rational acts that often require planning and careful
In week sevens exam the regulatory oversight components is looked at and how it affects white-collar crime as well its effectiveness in preventing these crimes as its basic intent. This essay will attempt to investigate and explore the possible solutions as well as the scenarios that are best employed in the use of regulatory oversight, as well as its meaning and function. It is also hoped that by virtue of this examination that possible improvements can be suggested as to advancing the understanding and history of past and current polices. By definition the regulatory agencies function is primarily deal with the administrative aspect of laws where regulation as well as rule making are codified by a legislative body.
White-collar crimes like what happened to Shirley Lee are prevalent today. Many view white-collar crime as less threatening than typical blue-collar crime (i.e. robberies). Both crimes however, affect society in a negative way. White-collar crimes cause more direct financial harm than blue-collar crimes. Blue-collar criminals cause more physical harm and for that reason are often perused and punished more rigorously.
That is past cases with similar white collar crime's (business crime). For instance, the United States case that brought charges against the President Parks of Acme Markets Inc. the food chain that failed to comply with inspections who discovered rodents in the food warehouses (Zipperman, 1991). Under
Legal Studies How well does the Australian Legal System deal with the contemporary issue (drug use and the law) The Australian legal system was developed from the legal system of Britain originally, between 1855 and 1890 the British parliament granted a limited right to set up a local system of governments to each of the British colonies within Australia. This allowed each of the colonies the right to develop their own laws and legal systems to deal with its particular situation. There was a move towards creating a central legal system during the late 19th century, a referendum was held in each colony to approve the draft constitution. The Australian Constitution Act was passed as an Act of the British Government and took effect on January
(Salamat 2016). The word fraudulent itself is a representation of criminal activity, which ties in with the topic of this paper – white collar crime. Furthermore, this paper will answer the question how scholars explain white collar crime and its criminals. The first offender is a 31-year-old female, and identified as Melissa Diaz. The second offender is a 22-year-old male, identified as Edgar Fuentes.
– Occupational Crime- Illegal activity committed within the context of the occupations. – Governmental Crime- Variety of crimes committed by government employees or within a government context. State Corporate Crime, Crime of Globalization and Finance Crime: Combination of agencies involved in the illegal act. Crimes by international financial institutions, banking/thrift crime, money laundering, insider trading, and fraud. Enterprise Crime, Contrepreneurial Crime, Technocrime, and Avocational Crime: Other types of white-collar crime, often considered marginal or tangentially related to core white-collar crimes.
However, not much information is shared outside of the FBI’s, SEC’s, Finra’s, FERA’s, etc, respective agencies. This puts “white-collar criminals at a great advantage” as the “[j]ealousies and rivalries among investigators and among investigative and prosecutorial agencies need to be reduced and if possible eliminated”. Most of the agencies share little to no information because of competition and rivalries between them, this allows important information to slip past an agency focused on a single case. With the dilution of the FBI’s white-collar crime division, more information will be lended to other white-collar crime agencies in order to solve more cases. The FBI’s information would be critical as they have “43 pending investigations on large companies”, and “2,346 probes of potential mortgage-related fraud”, this information will help with the investigations at the SEC and FERA.
CHOICES “White collar crime” refers to those offenses that are anticipated to generate fiscal gain using some form of dishonesty. This type of crime is usually committed by people in the commercial world who, as a result of their employment position, are able to get a hold of large amounts of other people’s money. “White collar crime” does not involve forceful, drug-related, or blatantly illicit activities. In fact, perpetrators are typically involved in otherwise lawful industries and may hold respectable positions in the community prior to the discovery of their fraudulent schemes. The slogan “white collar crime” was made up in 1939 by Edwin Sutherland during a dialog which he gave to the American Sociological Society.
To contribute to the financial advantage the rich have, the wealthy generally commit more white collar crimes than street crimes, which are treated as lesser in the overall criminal justice system. Street crimes are far more visible than white collar crimes and those charged with street crimes are more likely to face justice than those charged with white collar crimes (Martinez, 2014).
Predicting Crime With the Uniform Crime Reporting System The Uniform Crime Reporting System States that there are four types of crime in the United States such as United States Crime, National Incident-based Reporting System, Law Enforcement Personnel Killed and Assaulted, and Hate Crime Statistics. (FBI, May 09, 2012) Crime in the United States is classified in three parts such as; Felonies, Misdemeanors, and Infractions. Each classification is determined by how high or low the crime is that was committed and what punishment is for the person who convicted the crime.(Montaldo, August 28th, 2016) National Incident-Based Reporting System this is crimes known to the police personnel the data includes types of offenses in an incident such as;
Identity theft is a form of theft when someone assumes another individual’s identity. It is often done so as a modus operandi to gain access to personal information or other benefits from the victim’s name. There are five types of identity theft according to wikipedia which include criminal identity theft, financial identity theft, identity cloning, medical identity theft and child identity theft. The most common type of identity theft is financial identity theft, where someone gains financial access to someone else’s by assuming his/her identity .
economy and investor confidence” (FBI,2016). In short, Corporate fraud are crimes that a corporation does. This usually results in large sums of money being repaid back investors or people who had brought the case against them and will result in millions of dollars in settlements. Examples are corporations that are involved in “Deceptive financial practices, Cheating depositors, Overcharging customers, Failure to report safety defects, Ocean dumping and more” Phi Manttera, 2015).
Violent Crimes: Street Versus White-Collar Crimes in the United States such as burglary and robbery roughly cost four billion a year. According to safeguard the world only seventeen percent of the homes in U.S. have a security system. “The New York Times” Street crime is a loose term for any criminal offense in a public place. White-Collar crime is non-violent crimes committed by business or government professionals for financial gain. Street crime vs. White-collar crime is controversial because street crime is more out in the open and it is most common.
White collar crime is an organized crime committed by person of higher socioeconomic status in the course of their business, occupation, or profession (Sutherland, 2002). It was introduced to the Criminal Justice system in 1939, but was overlooked by many people because they never noticed it was happening. White collar crime has been taking place in America for a long time and is summed up as lying, cheating and stealing. There are numerous types of white collar crimes such as bribery, bank fraud, embezzlement, and insurance fraud to name a few (National Check Fraud Center, 2011). One case that we all know of, Enron, not only wiped out lifesavings, but cost investors billions of dollars.