White Collar Crime high social status in the course of their occupation Violations of the criminal law committed by persons of respectability and The chief criterion for a crime to be crime is that it occurs as part of or a deviation from the violator s occupational role Far less likely to be investigated arrested or prosecuted than other types of offenders Occupational Crime Any act punishable by law that is committed through opportunity created in the course of an occupation which is legal Includes job related violations of both white and blue collar workers Types of White Collar Crime Antitrust Violation Bank Fraud Bankruptcy Fraud Economic Espionage Embezzlement Environmental Law Violations Government Fraud Health Care Fraud Kickbacks Mail Fraud Money laundering Tax Evasion Wire Fraud Insider Trading Insurance Fraud Securities Fraud Corporate Crime A violation of a criminal statue either by a corporate entity or by its executives employees or agents acting on behalf of and for the benefit of the corporation partnership or other form of business entity Come in many forms i e prior knowledge about car defects price fixing and insider trading secrets Civil Criminal penalties New York Central and Hudson River Railroad Co v United States 1909 The Supreme Court ruled that criminal acts and intentions of a company s employees can extend to the company itself Because corporations can be held liable for civil wrongs involving their employees bad conduct it would be appropriate to hold them criminally liable as well Corporate Fraud Misuse of corporate property for personal gain Securities and commodities Fraud crimes such as stock market manipulation and Ponzi schemes Health Care Fraud Fraudulent billings to health care programs Mortgage Fraud Fraud involving subprime mortgage lending companies Mass Marketing Fraud Any Fraud connected with communications media Insurance Fraud Fraudulent insurance claims Environmental Crimes Violations of the criminal law that although typically committed by business or business officials may also be committed by other individuals or organizational entities and that damage some protected or otherwise significant aspect of natural environment Example BP oil Spill Terrorism and white collar crime Terrorist activities frequently involve some form of white collar crime because terrorists need money for daily living expenses Terrorist groups also frequently send a portion of their money acquired from illegal activities back to their home country or pass it along to those who are higher up in the chain of command Culture Conflict Theory A sociological perspective on crime that suggests that the root cause of criminality can be found in clash of values between variously socialized groups over what is acceptable or proper behavior Integrated Theory of Organizational Crime 1 Strain Theories 2 Labeling Theory 3 Subcultural Theories 4 Control Theory Corporate Fraud Task Force A U S Department of Justice organization created by George W Bush to investigate corporate fraud It has since been superseded by the Obama s administration s Financial Fraud Enforcement Task Force Financial Fraud Enforcement Task Force An organization created by Obama administration to combat financial fraud Sarbanes Oxley Act 2002 A federal law that set stiff penalties for corporate wrongdoings Has been called the most far reaching reform of U S business Ex Punishes criminally Increases time behind the bars to a practices max of 20yrs Return profits to investors Organized Crime Unlawful activities of the members of highly organized disciplined association engaged in supplying illegal goods and services including prostitution gambling loan sharking narcotics and labor racketeering Example Mafia Ethnic Succession The continuing process whereby one immigrant or ethnic group succeeds another by assuming its position in society Prohibition and Official Corruption In many ways the advent of Prohibition was a godsend for Mafia leaders The existing infrastructure of organized crime permitted easy and efficient entry into the running and sale of contraband liquor Italy Sicily Developed skills to manufacture low cost high proof un taxed alcohol Corruption Activities of Organized Crime 1 Racketeering 2 Vice operations 3 Theft fence rings 4 Gangs 5 Terrorism Criminal Enterprise A group of individuals with an identifiable hierarchy and extensive supporting networks engaged in significant criminal activity State laws defining criminal enterprise are generally more inclusive than federal statues Used interchangeably with organized crime Transnational Organized Crime Unlawful activity undertaken and supported by organized criminal groups operating across national boundaries collapse of the Soviet Union Russian organized crime has grown quickly following the Russian organized crime seems to be a natural outgrowth of the corrupt practices of officials who operated in the days of Soviet control Asset Forfeiture A type of punishment provided under RICO The authorized seizure of money negotiable instruments securities or other things of value Example With the money from a bank robbery you purchase a corvette The Police then seize the car you bought with the stolen money Violent Crimes 1 Murder 2 Rape 3 Robbery 4 Aggravated Assault Homicide The willful killing of one human being by another Can be justifiable Murder An unlawful homicide Jail time Criminal Homicide The causing of the death of another person without legal justification or excuse The term used by most courts Same thing as Murder but legal term Types of Murder premeditated 1 First Degree murder 2 Second degree murder passion NO PREMEDITATION Negligence Bad breaks and drive knowing hit someone crossing street Driving Drunk and kill somebody no thought about it before hand crimes with 3 Negligent Homicide 3 rd degree manslaughter Felony Murder A special category of murder whereby an offender who commits a crime during which someone dies can be found guilty of first degree murder even though the person committing the crime had no intention to kill anyone if not for your actions Example You are committing a bank robbery and the clerk has a heart attack at the site of your gun and dies Sibling Offense Blocks The incident that begins the homicide The offense or incident may be a crime such as robbery or an incident that meets a less stringent criminal definition such as a lovers quarrel involving assault or battery Why is it important to study sibling
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