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