Trusted Criminals White Collar Crime in Contemporary Society

ISBN-10: 0495006041
ISBN-13: 9780495006046
Edition: 3rd 2007 (Revised)
List price: $155.95
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Description: This comprehensive text helps students understand the problems involved in studying white collar crime, explanations for crime, the principal focus of the crimes, and the character of the legal and criminal justice response to the crime.

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Book details

List price: $155.95
Edition: 3rd
Copyright year: 2007
Publisher: Wadsworth
Publication date: 6/6/2006
Binding: Paperback
Pages: 464
Size: 7.50" wide x 9.25" long x 0.75" tall
Weight: 1.540
Language: English

This comprehensive text helps students understand the problems involved in studying white collar crime, explanations for crime, the principal focus of the crimes, and the character of the legal and criminal justice response to the crime.

The Discovery of White Collar Crime
Edwin H. Sutherland and the Discovery of White Collar Crime
E. H. Sutherland: The "Father" of White Collar Crime Studies
Defining White Collar Crime
The Meaning of White Collar Crime: Some Issues under Debate
A Multistage Approach to Defining White Collar Crime
Trust and White Collar Crime
Respectability and White Collar Crime
Risk and White Collar Crime
Comparing White Collar and Conventional Crime Offenders
Cross-Cultural and International Dimensions of White Collar Crime
Age
Class
Race
Gender
Other Demographic Variables and Differences
Criminal Careers
The Social Movement Against White Collar Crime
Images of White Collar Crime: The Role of the Media
The National White Collar Crime Center
Exposing White Collar Crime
Informers and Whistleblowers
The Media as Entertainment: White Collar Crime in Films and on TV
"Deep Throat" and the Watergate Case
Muckrakers and Investigative Reporters
The Internet and White Collar Crime
The Consumer Movement, Public Interest Groups, and Labor Unions
The Role of Politicians and Political Institutions
Ralph Nader and the Consumer Movement
Criminal Justice Professionals and Academics (Including Criminologists)
Discovering White Collar Crime, In Sum
Key Terms
Discussion Questions
Studying White Collar Crime and Assessing Its Costs
Underlying Assumptions and Different Perspectives
Specific challenges in the Study of White Collar Crime
The Complex Nature of White Collar Crime
Gaining Access for Research
Obtaining Statistics
Obtaining Research Support
A Case Study: The Revco Medicaid Fraud Case
Research Methods for Studying White Collar Crime
Scholarly Research and White Collar Crime
Case Studies
Experiments
Surveys
Designing a White Collar Crime Survey: Some Challenges
Observational Research
Secondary Data Analysis and Event History Analysis
Archival Data Analysis and Historical Ethnography
Content Analysis
Comparative Studies of White Collar Crime
Students' Role as Researchers
Public Perception of White Collar Crime: How Serious Is It?
Measuring White Collar Crime: How Prevalent Is It?
Conventional Crime and White Collar Crime Rates
Victimization Surveys and Self-Report Studies
Measuring Specific Forms of White Collar Crime
The Need for Reliable Data
The Costs and Consequences of White Collar Crime
Direct Costs
Indirect Costs
Physical Costs
Other Costs
Victims of White Collar Crime
The Role of the Victim
Organizations as Victims of White Collar Crime
Specific Forms of Suffering of White Collar Crime Victims
Psychological Consequences of Fraud Victimization
Studying White Collar Crime and Assessing its Costs, in Sum
Key Terms
Discussion Questions
Corporate Crime
The Historical Development of the Corporation and Corporate Crime
The Corporation in Modern Society
"It's Legal But It Ain't Right"
A Typology of Corporate Crime
Corporate Violence
Corporate Violence against the Public: Unsafe Environmental Practices
The Exxon Valdez and Prince William Sound
Corporate Destruction of a Community
Corporate Violence against Consumers: Unsafe Products
The Ford Pinto Case
Corporate Violence against Workers: Unsafe Working Conditions
The Production and Sale of Tobacco: Corporate Crime?
Asbestos and the Manville Corporation
Corporate Abuse of Power, Fraud, and Economic Exploitation
The Film Recovery Systems Case
Crimes against Citizens and Taxpayers: Defrauding the Government and Corporate Tax Evasion
Halliburton, Vice President Cheney, and Iraq War Contracts
Crimes against Consumers: Price Fixing, Price Gouging, False Advertising, and Misrepresentation of Products
Crimes against Employees: Economic Exploitation, Corporate Theft, Unfair Labor Practices, and Surveillance of Employees
The Enron Case and the Devastation of Employee Retirement Accounts
Crimes against Franchisees and Suppliers: Discount and Chargeback Frauds
Crimes against Competitors: Monopolistic Practices and Theft of Trade Secrets
The Case against Microsoft
Crimes against Owners and Creditors: Managerial Accounting Fraud, Self-Dealing, and Strategic Bankruptcy
Adelphia, HealthSouth, WorldCom, and Accounting Fraud
Are Universities and Colleges Corporate Criminals?
Corporate Crime, In Sum
Key Terms
Discussion Questions
Occupational Crime and Avocational Crime
Crimes by Small Businesses: Retail Crime and Service Fraud
Retail Crime
Occupational Crime as Violence: Drug Dilution and Fake Asbestos Removal
Defrauding Vulnerable People
Service Business Fraud
Crimes by Professionals: Medical, Legal, Academic, and Religious Crime
Medical Crime
Legal Crime
Lawyers and the Abuse of Political Power
Academic Crime: Professors, Scientists, and Students
Plagiarism and Trusted Criminals
Stealing from the School District
Religious Crime
Employee Crime
Extravagant Executive Compensation: Just Reward or Grand Theft?
Forms of Employee Theft
Employers' Responses to Employee Theft
Union Leaders Who Steal from Their Union Members
Alternative Forms of Employee Crime
Some Factors in Employee Theft
Conditions in the Workplace and Employee Crime
Donkeys, Wolfpacks, Vultures, and Hawks: A Typology of Employee Theft
Avocational Crime and White Collar Crime
Income Tax Evasion
A Record Case of Individual Tax Evasion
Other Forms of Avocational Crime
Occupational and Avocational Crime, In Sum
Key Terms
Discussion Questions
Governmental Crime: State Crime and Political White Collar Crime
Governmental Crime: Some Basic Terms
Governmental Criminality on an Epic Scale
The Threat of Nuclear War as Crime-and Other Weapons of Mass Destruction
The Vietnam War
U.S. Military Activity in the "New World Order"
Forms of State Criminality
Post-9/11 Initiatives: Protecting Us against Terrorism or Perpetrating State Crimes?
The Criminal State
Adolf Hitler: The Greatest White Collar Criminal of the 20th Century?
The Repressive State
The Corrupt State
Suharto and the Looting of Indonesia
State Negligence
State-Organized Crime
The White House and State-Organized Crime
State-Organized Crime and Federal Investigative Agencies
Police Crime
Political White Collar Crime
Political System Corruption
Corruption in the Electoral Financing Process
The Watergate Affair
Political White Collar Crime in the Executive Branch
Political White Collar Crime in the Legislative Branch
Political White Collar Crime in the Judicial Branch
Police Corruption as a Form of "Political" White Collar Crime
Governmental Crime, In Sum
Key Terms
Discussion Questions
State-Corporate Crime, Crimes of Globalization, and Finance Crime
State-Corporate Crime
State-Corporate Crime, Nazi Germany, and the Holocaust
Military Contractors in Iraq: Corporate Warriors and the Halliburton Corporation
Crimes of Globalization
Corruption in the Oil-for-Food Program
Sweatshops in Developing Countries: Criminal Enterprises or Economic Opportunities?
The Role of the World Bank in a Global Economy
The World Bank and Crimes of Globalization
The Dam at Pak Moon: A Case of Global Crime by Jessica Friedrichs
Finance Crime
Banking/Thrifts Crime: The Savings and Loan Mess
Investment Banks: Wealth Producers or Large-Scale Fraudsters?
The Charles Keating Case
Insider Trading
The BCCI Case
The Corporate Takeover Controversy
Insider Trading and the Martha Stewart Case
Finance Crime and Financial Markets
Fraudulent Conduct in the Mutual Funds and Hedge Funds Industries
The Martin Frankel Case
Hybrid White Collar Crime, In Sum
Key Terms
Discussion Questions
Enterprise Crime, Contrepreneurial Crime, and Technocrime
Enterprise Crime: Organized Crime and White Collar Crime
The Relation between Governmental Crime and Syndicated Crime
Historical Roots of Organized Crime
The Relation between Syndicated Crime and White Collar Crime
Joe Valachi of La Cosa Nostra and Carl Kotchian of Lockheed
Hazardous Waste Disposal
Arson as a Form of Enterprise Crime
The Relation between Syndicated Crime and Finance Crime
The Looting of the Thrifts and Syndicated Crime
Contrepreneurial Crime: Professional Criminals and White Collar Crime
Historical Origins of Professional Crime
Joseph "Yellow Kid" Weil and the Big Con
The Relation between Professional Crime and White Collar Crime
Fraudulent Businesses: Swindles, Scams, and Rackets
The Fence
Fraud
A Contrepreneur's Advice to Potential Victims
Advance Fee Frauds
Charity as Fraud
Pump and Dump: The Jonathan Lebed Case
When Fraud Leads to Violence
Technocrime, Including Computer Crime
Technocrime Defined
Computer Crime
Identity Theft as White Collar Crime
The Law and Computer Crime
The Pursuit of Computer Crime Cases
Other Types of Technocrime
Enterprise Crime, Contrepreneurial Crime, and Technocrime, In Sum
Key Terms
Discussion Questions
Explaining White Collar Crime: Theories and Accounts
Underlying Assumptions and Points of Departure
What Do We Want to Explain?
Explaining White Collar Criminality
The Demonic Explanation
The Biogenetic Explanation
Psychological Explanations
Mental Illness, Drug Addiction, and Intellectual Aptitude: Factors in White Collar Crime?
Sociogenic Explanations
White Collar Delinquency
Organizational Criminality and the Crimes of Organizations
Organizational Responsibility
The Various Dimensions of Organizational Criminality
Diffusion Theory and Intermediate Fraud
Explaining White Collar Crime: Theories and Perspectives
General Theories of Crime and White Collar Crime Theory
Low Self-Control and White Collar Crime
Classical Criminology and Rational Choice
Alternative Dimensions of Crime and Choice
The Moral and Sensual Attractions of White Collar Crime
Social Control and Bonds
Social Process and Learning
Interactionism and Labeling
Neutralizations, Rationalizations, and Accounts
The "Presentation of Self" and White Collar Crime
Structural Strain and the Structure of Opportunity
Conflict Theory and Criminogenic Societies
The Structure of Contemporary Capitalist Society and White Collar Crime
Radical and Critical Perspectives on White Collar Crime
Economic Wilding, Capitalism, and White Collar Crime
White Collar Crime in a Postmodern World
Explaining Criminalization and White Collar Crime
Women as a Special Class of Victims of White Collar Crime
Integrated Theories of White Collar Crime
An Integrated, Multilevel Approach to Understanding the Enron et al. Cases
Explaining White Collar Crime, In Sum
Key Terms
Discussion Questions
Law and the Social Control of White Collar Crime
Social Control and White Collar Crime
Formal Law and White Collar Crime
The Historical Origins of White Collar Crime Laws
The Carrier's Case and the Law of Employee Theft
Contemporary Legislative Lawmaking and White Collar Crime
The Influence of Business on the Lawmaking Process
The Dialectical Perspective on Lawmaking
Alternative Sources and Forms of Law and Lawmaking
The Constitution and Constitutional Law
The Sarbanes-Oxley Act
Case Law
Executive Lawmaking
Administrative Law
A Selective Review of Substantive White Collar Crime Lawmaking
Antitrust Law
Occupational Safety and Health Laws
Environmental Protection Laws
The RICO Law
White Collar Crime Law and the Legal Curriculum
Civil and Criminal Law and White Collar Crime
Law, Corporations, and the Concept of Criminal Liability
Law Professor Stuart Green and the Moral Theory of White Collar Crime
Corporate Criminal Liability
A Comparative Perspective on Corporate Criminal Responsibility
Corporate Personhood and Corporate Decision Making
The Corporate Criminal Liability Controversy
Law and the Social Control of White Collar Crime, In Sum
Key Terms
Discussion Questions
Policing and Regulating White Collar Crime
Criminal Justice System Policing: Law Enforcement
State and Federal Enforcement Agencies
The FBI
The Inspectors General
The U.S. Postal Inspection Service
The U.S. Secret Service, U.S. Customs Service, and U.S. Marshals Service
The Internal Revenue Service's Criminal Investigative Division
The Regulatory System Response
The Origins and Evolution of Regulation
The Creation and Operation of Federal Regulatory Agencies
The Contemporary Debate on Regulation
The Regulatory Agency's Philosophy: Compliance versus Deterrence
Criticisms of Regulatory Agencies
Other Factors in Regulatory Response
Agency Capture
Prominent Regulatory Agencies and Their Functions
The SEC in Recent Years
Protecting the Environment: Alternatives to Relying upon the EPA
Private Policing
Forensic Accountants as Fraud Detectives
The Role of Lawyers and Accountants in Policing White Collar Crime
Lawyers and Professional Ethics
Accountants and Auditing Responsibilities
Self-Regulation: Internal Controls and Professional Associations
The Role of Corporate Boards in Self-Regulation
Self-Regulation in Financial Firms
Self-Regulation and the Professions
Policing and Regulating White Collar Crime, In Sum
Key Terms
Discussion Questions
Prosecuting, Defending, and Adjudicating White Collar Crime
Prosecution at the Local, State, and Federal Levels
Local Prosecutors
State Attorney Generals
The Pinto Case: Prosecuting the Ford Motor Company
Federal Prosecutors
New York Attorney General Eliot Spitzer and Wall Street
The Prosecution of Antitrust Cases
The Prosecution of Environmental Crime
Special Prosecutors (Independent Counsel)
The Role of the Grand Jury in White Collar Crime Cases
"Perp Walks" for White Collar Crime Defendants
Defending White Collar Criminals
David Boies and White Collar Crime Cases
To Testify or Not to Testify
Adjudicating White Collar Crime: Plea Bargaining and Trial
The Role of the Trial Jury
Jurors and Punitive Damages
Judges and the Sentencing of White Collar Criminals
Reversal of Arthur Andersen Conviction Due to Jury Charge by Judge
Sentencing
Explaining Disparities in Sentences for White Collar Offenders
Sentencing Organizational Offenders
Sentencing Guidelines and White Collar Offenders
White Collar Criminals in the Correctional System
House Arrest as Punishment
Civil Suits
SLAPPs: Strategic Lawsuits against Public Participation
William Lerach: Shareholder Hero or Economic Terrorist?
Citizen Suits and Class Action Suits
Collateral Civil Suits
The Role of Mediators and Arbitrators in the Settlement of Complaints
Prosecuting and Adjudicating White Collar Crime, In Sum
Key Terms
Discussion Questions
Responding to the Challenge of White Collar Crime
Raising Consciousness about White Collar Crime
Policy Options for Responding to White Collar Crime
Responding to White Collar Crime as a Moral Issue
Do Moral Appeals Work?
Business Ethics Courses in the Curriculum
Business Ethics within the Business World
Can a Corporation Be Ethically Transformed? The Case of Tyco
Securing Compliance and Sanctioning White Collar Crime
Shaming as a Response to White Collar Crime
Law and the Coercive Response to White Collar Crime
Civil Suits and Penalties
Compliance versus Punitive Approaches to Corporate Crime
Deterrence and White Collar Crime
"Just Deserts" and Corporate Crime
A "Chief Criminologist" for the SEC?
Rehabilitation, Probation, and Enforced Self-Regulation
Probation
The "Devil's Advocate" and Corporate Probation
Enforced Self-Regulation
Fines, Restitution, and Community Service
Sentencing Guidelines for Fines
Restitution
Community Service
Occupational Disqualification
Contractual Disqualification for Corporations
Incarceration
Organizational Reform and Corporate Dissolution
Citizen Works Proposals for Cracking Down on Corporate Crime
A Stakeholder Model for Corporations: Costco and Whole Foods
Responding to Residual Forms of White Collar Crime
Controlling Governmental Crime
Responding to White Collar Crime Internationally
Structural Transformation as a Response to White Collar Crime
Responding to the Challenge of White Collar Crime, in Sum
A Concluding Note: Trusted Criminals and White Collar Crime in the 21st Century
Key Terms
Discussion Questions
White Collar Crime in Films
References
Name Index
Subject Index

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