You are on page 1of 4

White-collar crimes are non-violent crimes, typically performed by members of the upper classes.

They are distinguished from "blue-collar crimes" by the lack of physical violence or even threat of
violence. White-collar crimes generally involve some form of violation of trust, and may result in
significant monetary gain for the perpetrators. Such crimes include fraud, bribery, insider
trading, embezzlement, and forgery among others. The punishment for white-collar crime is often
less severe than for crimes of violence. However, accusations of embezzlement, fraud, and so forth
are embarrassing, and can carry a lasting social stigma which renders the perpetrator unable to
continue their previous legitimate career as they have lost the trust of their clients.
While the advent of new technologies such as the internet have brought more opportunities for
crime, they are also used by law enforcement to better track illegal activities. However, elimination of
this crime depends not so much on legal provisions or the work of law enforcement, but more on
the attitude of human beings towards other human beings with whom there exists a trust
relationship.
The term white-collar crime was coined by the criminologist Edwin Sutherland who was convinced
of a connection between social class and crime. In his 1949 monograph White Collar Crime he
defined a white-collar crime as "a crime committed by a person of respectability and high social
status in the course of his occupation"one who traditionally wears a suit and white (collared) shirt
to work.
The Federal Bureau of Investigation narrowly defines white-collar crime as crimesusually involving
deceit, concealment, or violation of trustwhich are not dependent on the application or threat of
physical force. Alternatively is the popular definition in which white-collar crime is that which is
performed by members of the upper class. Most crime labeled white-collar is done so
because of the socioeconomic status of the perpetrator, depending on their profession or academic
qualification. Most, if not all white-collar offenders are distinguished by lives of privilege.
Types of White-Collar Crime
White-collar crime is usually performed by those with particular access to information or resources,
making their non-violent crime possible. White-collar crimes normally occur within the upper reaches
of government and business as privilege is necessary to gain access to even commit these crimes.
Those crimes most often considered white-collar include:
Fraud - Fraud can include the sale of fraudulent goods, false advertising, filing false insurance
claims, or false billing
Bribery - Though often seen as the price of doing business in some countries, the practice of
bribery gives unfair advantages to certain individuals and distorts the efficacy of markets
Insider trading - Like bribery, insider trading gives an unfair advantage to certain individuals who
are privy to private information that affects the value of stocks or bonds
Embezzlement - Embezzlement occurs when someone with access to company or government
funds siphons some for their personal use. This crime is a prime example of white collar crime as
usually it is only privileged members of society or a company who even have access to company
funds to begin with
Forgery - Forgery is most threatening when considering the sale of counterfeit goods, but is also
relevant to the production of false insurance claims
Tax evasion - Tax evasion occurs when people attempt to not pay taxes illegally, which usually
occurs when one is making large profits. This can be done by misrepresenting ones income or
overstating ones deductions. Tax evasion differs from tax avoidance, which is the legal use of
accounting to minimize one's tax burden.
Most of these crimes are committed with the goal of financial gain. The people who commit these
crimes do not necessarily have a history of crime, but are usually presented with some opportunity
for enrichment through some action that appears morally ambiguous at the outset, though quickly
transgresses into a crime. The initial gain of money presents an unavoidable attraction to those who
commit these crimes. Though normally carried out for money, white-collar crime can also be
committed as an act of sabotage.
Relationship to other types of crime
Blue-collar crime
The types of crime committed are a function of the opportunities available to the potential offender.
Thus, those employed in relatively unskilled environments and living in inner-city areas have fewer
"situations" to exploit (see Clarke 1997) than those who work in "situations" where large financial
transactions occur and live in areas where there is relative prosperity. However, "e-crime," where the
opportunities can be more evenly distributed between the classes, has somewhat changed this
dynamic (Newman 2003).
Blue-collar crime will more often use physical force whereas white-collar crime will tend to be more
technical in nature, such as in the manipulation of accountancy or inventory records. Blue-collar
crime tends to be more obvious and attract more active police attention (such as for crimes of
vandalism or shoplifting which involve property interests), whereas white-collar employees can
intermingle legitimate and criminal behavior and be less obvious when committing the crime. In
victimology, blue-collar crime attacks more obvious victims who report the crime, whereas in the
corporate world, the identification of a victim is less obvious and the issue of reporting is complicated
by a culture of commercial confidentiality to protect shareholder value. It is estimated that a great
deal of white-collar crime is undetected or, if detected, it is not reported.
Interestingly, white-collar crime has been used to convict criminals, particularly members
of organized crime, when they have evaded justice for other, more violent crimes. The most famous
example would be Al Capone, whose criminal career ended in 1931 when he was indicted and
convicted by the U.S. government for income tax evasion.
Corporate crime
White-collar crime is normally a crime against a corporation or organization. This is distinguished
from corporate crime, which is crime committed 'by' a corporation or organization. The distinction
blurs when the given crime promotes the interest of the corporation and its senior employees as
a business entity can only act through the agency of the people whom it employs.
State crime
In terms of social class and status, those employed by the state, whether directly or indirectly, are
more likely to be white-collar and so more state crime will be committed through the agency of white-
collar employees.
State-corporate crime
Because the negotiation of agreements between a state and a corporation will be at a relatively
senior level on both sides, this is almost exclusive a white-collar "situation" which offers the
opportunity for crime.
Differential treatment
Those convicted of white-collar crimes often receive lighter sentences or have their sentences
commuted, if they are sentenced at all. There are a number of reasons to explain why white-collar
criminals are not more rigorously pursued. By virtue of their relative affluence, those accused as
white-collar offenders are able to afford the fees of the best lawyers, and may have friends among
senior ranks of the political elite, the judiciary, and the law enforcement agencies. These
connections often not only ensure favorable treatment on an individual basis, but also enable laws to
be drafted or resource allocations to be shifted to ensure that such crimes are not defined or
enforced too strictly.
Another reason for differential treatment is the fact that criminal penalties tend to be more related to
the degree of physical force or violence involved than to the amount of monetary loss, all other
things being equal. Because white-collar crimes are committed by those with opportunities that do
not require violence, they are thus less likely to garner severe criminal penalties. For example,
someone who mugs a victim on the street by threatening to stab them might be punished with a
more severe sentence than an inside trader who cheats shareholders out of a larger sum without
their being aware of the loss, due to the violent nature of the former crime. Nevertheless, the stigma
attached to being charged with a crime may have socially damaging effects on the perpetrator of
white-collar crime, even if the court-determined punishment is less than that for violent crime.
However, in the early years of the twenty-first century more severe penalties for white-collar crime
began to be imposed. For example, Bernard Madoff was sentenced to 150 years in prison when
convicted of operating a Ponzi scheme that defrauded thousands of investors of billions of dollars.
The judge in passing sentence described his crimes as extraordinarily evil.
Prevention
Due to the urgency of violent street crime, comparatively little effort goes into fighting white-collar
crime. The enforcement of many corporate crimes is put into the hands of government agencies
which can act only as watchdogs and point the finger when an abuse is discovered. This more
benign treatment is possible because the true cost of white-collar crime, while high in nationally
consolidated accounts, is diffused through the bank balances of millions either by way of share value
reductions, or nominal increases in taxation, or increases in the cost of insurance. Also there are
differences in the level of public interest, case complexity, and a lack of white-collar related literature,
all of which has a significant effect on the way white-collar offenders have been
sentenced, punished, and perceived by the public.
A rash of famous cases of white-collar crime in the early twenty-first century, along with
copious press coverage, has aroused public attention. Courts and prosecutors responded to public
opinion and increased their efforts to bring perpetrators of white-collar crime to justice. Some recent
examples of those indicted, convicted, and sentenced for white-collar crime include Martha Stewart,
convicted of insider trading; Bernard Madoff, convicted of fraud for operating a Ponzi
scheme; Enron executives Kenneth Lay and Jeffrey Skilling, convicted of fraud for misrepresenting
Enron's financial health; also stemming from the Enron scandal was the dissolution of the accounting
firm Arthur Andersen, which was responsible for auditing Enron's records; and WorldCom under the
leadership of Bernard Ebbers, inflated its value by up to $11 billion and was forced to
declare bankruptcy.
Developing stricter computer security is one possible method of preventing more white-collar crime.
As employees actions are tracked, it becomes more difficult to commit crimes under the
protection of anonymity once offered by massive computer systems. Tracking employee e-mail, web
browsing, and keeping rigorous accounting records are some methods employed to fight white-collar
crime.

You might also like