White Collar
Situation 1: A telephone marketer promises a solar-powered clothes dryer for $500 and then sends the buyer only a clothesline and clothes pins.
The degree of responsibility depends on the exact transcript of the telephone marketing conversation. Assuming the marketer promised only a "solar-powered clothes dryer," and the buyer asked for no details, then the responsibility rests firmly with the buyer. The buyer should likely realize their stupidity and perhaps commit suicide as a result.
To deceive someone in this way would not be a crime in any state, because the product does deliver as promised. A clothesline and pins are technically solar-powered drying apparati. One should hope that the line and clips are of the best possible quality on the market and will never degrade.
Caveat emptor always applies. No one forces a consumer to purchase anything. Taking personal responsibility is an art that many Americans have forgotten. Marketing is an…...
mlaReferences
Benston, L. (n.d.). Caesars responsible gaming. Retrieved online: http://www.aswexler.com/las-vegas-sun
"What is dram shop action?" Rottenstein. Retrieved online: http://www.rotlaw.com/legal-library/what-is-a-dram-shop-action/
hite Collar
Entrepreneurial Crime
Allen Stanford
Briefly describe the entrepreneurial crime you researched.
In 2009, the Antigua/Texas-based global financial group (which was made up several subsidiaries that were owned by the same investment firm) owned by R. Allen Stanford was charged with scamming their customers by the Securities and Exchange Commission. Stanford Financial Group was charged with fraud on the basis that they deceptively sold consumers over seven billion dollars in deposit certificates. The company advertised the CDs as safe investments to their clients yet they paid them a rate of return that was inconsistently higher than the market rate. The rate brought in many clients however the investments were not as safe as they were advertised. Instead of backing the investments with safe assets, the company used the funds to invest in high-risk mortgage funds and other risky investments. The sentencing memorandum after Stanford was convicted reads as follows:
Robert Allen Stanford is a…...
mlaWorks Cited
Drawbaugh, K., & Aubin, D. (2012, July 30). Analysis: A decade on, is Sarbanes-Oxley working? Retrieved from Reuters: http://www.reuters.com/article/2012/07/30/us-financial-sarbox-idUSBRE86Q1BY20120730
Henning, P. (2012, June 11). Viewing Financial Crimes as Economic Homicide. Retrieved from DealB%k: http://dealbook.nytimes.com/2012/06/11/viewing-financial-crimes-as-economic-homicide/?ref=stanfordfinancialgroup
Reuters. (2012, July 3). Judge's Ruling Is Blow to Victims of Stanford Scheme. Retrieved from The New York Times: http://www.nytimes.com/2012/07/04/business/sec-loses-ruling-in-stanford-ponzi-scheme-case.html?ref=stanfordfinancialgroup
The Economist. (2005, May 19). A price worth paying? Retrieved from The Economist: http://www.economist.com/node/3984019
For this reason, I remain convinced that the blame was in this case wrongly apportioned.
It is important to note that as Chrisafis points out, the trader was at some point "gambling with up to €50bn…" This in the opinion of the author was at the time larger than his (Kerviel's) employer's worth. If this is indeed the case, where were the bank's safeguards? How could a junior trader bypass such a major institution's safeguards without the knowledge of and perhaps the encouragement from senior managers? According to Reynolds, Societe Generale had on several occasions been warned of irregular dealings originating from Kerviel (70). The bank however chose to ignore the said alerts.
It should also be noted that Kerviel did not reap any personal benefit from the said trades (Chrisafis). Indeed, according to the trader's defense, at no time did Kerviel attempt to embezzle successful bets (Lichfield). This is an…...
mlaWorks Cited
Chrisafis, Angelique. "French Rogue Trader Loses Appeal Against Conviction and €4.9bn Fine." The Guardian. N.p., 24 October 2012. Web. 6 December 2012.
Clark, Nicola. "Bank Outlines How Trader Hid His Activities." The New York Times. N.p., 28 January 2008. Web. 5 December 2012.
Lichfield, John. "French Rogue Trader Jerome Kerviel Jailed for Three Years and Ordered to Repay €4.9 Billion (Which He'll Earn in 300,000 Years)." The Independent. N.p., 24 October 2012. Web. 6 December 2012.
Reuters. "Kerviel's Fine the Size of 20 Airbus A380s." Reuters. N.p., 5 October 2010. Web. 5 December 2012.
Growth of Industrialism and hite-Collar orkers
Rise of professional or "knowledge" class (Peter Drucker)
Definition of professional -- denotation only
Demographic statistics on rise of white collar and professionals
Trend toward professionals as a specific labor union and class
Professionals as separate class above blue-collar and other white-collar workers. Connotation of word in today's society.
Fincham -- occupational strategy of professionals
MacDonald -- rise of professionalism built on lack of self-esteem, anxiety, internal conflict
Parry and Parry -- professional strategy as a form of upward collective mobility
Ehrenreich -- Need for professionals to be inclusive rather than exclusive
Questioning of why some skills required for advancement over others
Professionals as hedonists and self-centered needs
Need for societal changes with equality between different professions
Illich -- Rise of Disabling Professions
Pescosolido -- Changing attitudes of public toward medical professionals
Conclusion -- Need for public to increase skepticism and not put professionals on different plane.
From the end of the 1800s to orld ar I, the United…...
mlaWorks Cited
AFL-CIO Department for Professional Employees. The Professional and Technical WorkForce: A New Frontier for Unions. Report issued February 2001. Washington, DC: DPE Publications.
Border Talk." Interview with Barbara Ehrenreich. PBS website. Retrieved 9 April 2004. http://www.pbs.org/pov/pov2002/borders/talk/dialogue008_be_6q.html
Drucker, Peter. "The Next Society." Economist. November, 2001. (23-29)
Ehrenreich, Barbara. Fear of Falling: The Inner Life of the Middle Class. New York: Perennial, 1990.
Blue Collar vs. hite Collar Crime
There are many distinctions that can be made regarding different types of crime, but people seem to like to make simple distinctions so that they do not have to think about it too much. So, crime can easily be broken into two broad categories which give a broad description of what they are. The first division is called "blue collar crimes" and they make up the largest part of what people regard as crime. All violent crimes and direct crimes against individuals are in this group. The second designation is white collar crime. These are generally crimes that are done for some type of financial gain and are usually perpetrated against a large group of people at the same time. This essay looks at these two different types of crime as they relate to type, victims and punishment.
Types of Crimes Committed
The nomenclature of the…...
mlaWorks Cited
Bly, William. "Blue Collar vs. White Collar Crimes." Ezine. SparkNet, 2010. Web. 16 Nov. 2012.
D'Alleva, Nicolas. "White Collar crimes: An Overview." Ezine. SparkNet, 2012. Web. 16 Nov. 2012.
Doring, Michael. "Law: Blue Collar Crimes." Ezine. SparkNet, 2010. Web. 16 Nov. 2012.
FBI. "White-Collar Crime." Federal Bureau of Investigation, 2012. Web, 16b Nov. 2012.
White Collar Crime on the Economy and Society
The objective of this study is to examine the impact of white collar crime on the economy and society.
White Collar Crime is reported to be a term that Edwin Southerland, Sociologist of Criminology defined and one that identifies "those illegal non-violent activities that involve traditional notions of deceit, deception, concealment, manipulation, breach of trust or illegal circumvention." (Soto, 2008, p. 1) These types of crimes are such that are generally committed by government agents and business professionals. (Soto, 2008, paraphrased) The Legal Institute at Cornell Law School defines white collar crime as "crime committed by a person of respectability and high social status in the course of his occupation." (Wayne State University, 2011, p. 1)
Expert Panel eports on White Collar Crime
It is reported that in 2011 an expert panel reported on white collar crime and stated that the Federal Bureau of Investigation…...
mlaReferences
Bank of Credit and Commerce International (nd) American Patriots Freedom Network. Retrieved from: http://www.apfn.org/apfn/BCCI.htm
Soto, Melanie (2008) White Collar Crime and Its Effects on Consumers (2008) Articlesbase. 22 July 2008. Retrieved from: http://www.articlesbase.com/economics-articles/white-collar-crime-and-its-effects-on-consumers-493020.html
Prestigious Panel Examines Impact of White Collar Crime (2011) Wayne State University. 4 Apr, 2011. Retrieved from: http://media.wayne.edu/2011/04/04/prestigious-panel-examines-impact-of-white-collar
Kouri, J. (2005) White Collar Crime is Not Victimless. Renew America. 6 Dec 2005. Retrieved from: http://www.renewamerica.com/columns/kouri/051206
Pension fraud is a type of white-collar crime, but it can assume many different forms. In "Guilty Plea in Fraud Case Tied to New York Pension," the underlying crime was bribery, which happened to be related to a pension fraud scheme. The State of New York runs and manages a pension for its residents. It invests money workers pay into the pension. In this case, state officials accepted about $1 million in gifts in exchange for investing $250 million in pension money into the briber's company. "Looking Out for Number One" describes a slightly different type of pension fraud. In this case, the manager of the pension was defrauded by the investment company, AA Capital Partners. AA Capital Partners seem to have diverted millions of dollars from the pension money to its own dealings, amounting to a type of embezzlement. Thus, pension fraud is not actually a specific type of…...
mlaReferences
"Guilty Plea in Fraud Case Tied to New York Pension." International New York Times. 4 Dec, 2009. Retrieved online: http://www.nytimes.com/2009/12/04/nyregion/04pension.html?_r=2& ;
"Identity Theft, Debt Collection, and Payday Loans Top List of Consumer Fraud Complaints," (2014). The Christian Science Monitor. Retrieved online: http://www.csmonitor.com/USA/Latest-News-Wires/2014/0304/Identity-theft-debt-collection-and-payday-loans-top-list-of-consumer-fraud-complaints
"Looking Out for Number One." Bloomberg Business Week. Retrieved online: http://www.businessweek.com/stories/2006-10-29/looking-out-for-number-one
corporate or white-collar crime. Specifically, it will discuss the Firestone Tire executives that allowed faulty tires to remain on U.S. vehicles. In mid-2000, Bridgestone/Firestone Tires began a recall of some of their tires that would turn into a massive recall and a public relations nightmare. The underlying problem with the recall, besides public opinion and the cost, was the issue that popped to the surface as the recall began to take on momentum. There was surprising evidence that Firestone and Ford had known about the defect since at least 1994, and had even recalled tires in other countries, but allowed them to remain on Ford Explorers in the United States, leading to hundreds of deaths and injuries in their failure to recall the tires.
In August 2000, Bridgestone/Firestone CEO Masatoshi Ono and the Ford Motor Company initiated a recall of millions of Firestone tires produced in a Decatur, Illinois plant.…...
mlaReferences
Garten, J.E. (2000). The mind of the CEO. New York: Basic Books.
Guest, J. (2002). Colston E. Warne lecture: Consumers and consumerism in America today. Journal of Consumer Affairs, 36(2), 139+.
Healey, J.R. (2000). Firestone may have known of trouble in '94. Retrieved 16 April 2009 from the U.S.A. Today Web site: http://www.usatoday.com/money/consumer/autos/mauto870.htm .
Mashaw, J.L. (2003). Law and engineering: In search of the law-science problem. Law and Contemporary Problems, 66(4), 135+.
crime 21st century white collar. If true, major type cybercrime? How safeguard ? 2.MIT, prestigious universities world, began sharing online content free class ten years ago (2000).
White collar crimes focus on the concept of deception as a primary tool to harm the social order. Even though it does not involve violence, it typically concentrates on identity theft, online fraud, and bank account theft. In order for people to be able to counterattack such crimes, it is essential for the authorities to provide extensive education meant to assist people to differentiate between actions that are likely to turn them into a victim of cybercrimes and actions that are not.
Cyber ethics is not a common concept among cybercriminals and this means that the masses need to be able to protect themselves by adopting attitudes that decrease the chances of them falling victim to online scams. People need to understand that "the…...
mlaBibliography:
Burns, Jan, "Build Your Online Community: Blogging, Message Boards, Newsgroups, and More," (Enslow Publishers, Inc., 01.02.2011)
Edmunson, Mark, "The Trouble With Online Education," Retrieved March 17, 2013, from the NY Times Website: http://www.nytimes.com/2012/07/20/opinion/the-trouble-with-online-education.html?_r=0
"White Collar Crime in 2011: The Martin Act, Cybercrime, and Beyond," Retrieved March 17, 2013, from the New York County District Attorney's Office Website: http://manhattanda.org/white-collar-crime-2011-martin-act-cybercrime-and-beyond
FBI website section that addresses white-collar crime and research a noted white-Collar scam. hat are the basic elements of the scam along with some tips to avoid becoming a victim?
One common white collar crime scam is that of the 'utilities person' scam. To gain entry to a house, the criminal "impersonates utilities employees by wearing jumpsuits with name tags. Actor approaches victim with story about a gas leak or electrical surge to gain entry to the home. Valuables are taken by actor" ("Types and schemes of white collar crime," National Check Fraud Center.). People may be caught off guard by the entry and since sometimes actual utilities personnel will need to obtain entry to the home homeowners may be overly credulous and not demand appropriate identification. However, when utilities companies do need entry to the home, the homeowner is alerted to this fact by the company well in advance.…...
mlaWorks Cited
"Akron police say scam artists posing as utility workers." WKYC. 18 Apr 2014. 29 Apr 2014.
Cohn, M. "Accounting fraud on the rise at U.S. companies." Accounting Today. 19 Feb 2014.
29 Apr 2014. http://www.accountingtoday.com/news/Accounting-Fraud-Rise-U.S.-Companies-69646-1.html
Discussion and Responses1aI think the most relevant area in a Code of Ethics today is that regarding respect for persons and not engaging in harassment. Since the #MeToo Movement began, a lot of focus has been on making sure people are not abusing their positions to harass others. People should be able to go to work without having to worry about that sort of thing, and yet it still happens. So I would say that is where the most important principle is to be found today.1bSafety in the workplace is crucial. Long ago workplaces were very unsafe because there were no regulations in place. Today, workplaces are overseen by OSHA and must keep up with industry standards. And yet as you point out workplaces are unsafe in other wayssuch as in social ways, where harassment gets a free pass it seems. This is largely a cultural area that needs to…...
Prepare a written summary drawing on Edwin Sutherlands definition of white-collar crimes two distinct elements. Identify and describe the two distinct elements. Apply the definition to the following categories of white-collar crime: consumer fraud, environmental crime, religious fraud, and corporate fraud, including one specific case example for each of the four categories. Include a discussion of the costs associated with your examplesWhite Collar crime has a significant and often adverse impacts on society. Although it occurs throughout the world, it is particularly prevalent in developed economies with sophisticated economic systems dealing with financial and asset allocations. White collar crime is particularly damaging as it first infiltrates areas in which the general public is expected to have confidence in the overall operations of the industry. For example, the financial services industry is predicated on integrity and consumer confidence within the system to function properly. When the consumers or users of the…...
mlaReferences 1. Sutherland, Edwin H. 1940. The White-collar criminal. American Sociological Review 5:1–12.DOI: 10.2307/20839372. Sutherland, Edwin H. 1949. White collar crime. New York: Dryden.3. Tappan, Paul W. 1947. Who is the criminal? American Sociological Review 12.10: 96–1022
Simple procedures can help, but not eliminate drift issues, and are quite low tech. First, depending on the wind and time of day, close the windows that face the field or prevailing wind. Add a fan to create a backdraft by pulling air through the home in the opposite direction of the drift. Once the spraying is done and the drift settled a bit, hose down nearby bushes, windows, the roof and outside of the house. At any signs of exposure, wash eyes with clear water and try to shower several times to remove as much of the potential chemical contamination as possible
Publicize -- Certainly public strikes, marches, and visible actions bring public scruitiny into the issue. Because a great deal of the problem lies in the California agricultural region, an organization was formed as a type of State and national clearinghouse for action, information, and change. This organization,…...
mlaWorks Cited
Verification of Pesticide Drift Reduction Technologies. (2007, August). Retrieved June 23, 2010,
from Epa.gov: http://www.epa.gov/etv/pubs/600etv07024.pdf
Farm Workers and Allies Ask Government to Protect Kids. (2009, October 14). Retrieved June
25, 2010, from United Farm Workers: http://ufw.org/_board.php?mode=view&b_code=news_press&b_no=5763&page=2&field=&key=&n=615
Future of the Outsourcing of British White-Collar Jobs
Outsourcing is the term given to the work that is done by anyone other than the full time employees of an organization. Outsourcing is the activity whereby certain elements of the processes in an organization are divested by an organization that bring in reasonable or little profit with respect to the capital invested. These activities that bring lesser profits than required or peripheral activities can be done supposedly in a more efficient manner by other and normally smaller organizations. These smaller organizations gain efficiency by focusing on the activity itself and sharpening the productive process in such a way that it can generate new efficiencies and make profits which the bigger organization would not be able to do in such in a focused manner. An example for this would be in the case of an automobile manufacturer purchasing headlights or speedometers instead of…...
mlaReferences
A world of work. 2004. The Economist. November 11. Retrieved from Accessed on February 24, 2005http://www.economist.com/displayStory.cfm?Story_id=3351416
Faster, cheaper, better. 2004. The Economist. November 11. Retrieved from Accessed on February 24, 2005http://www.economist.com/displayStory.cfm?story_id=3351491
Gutman, Huck. 2004. Outsourcing in the Developing and Developed World. Part One: From Outsourcing to Offshoring. The Statesman. March 23-25. Retrieved from Accessed on February 23, 2005http://www.commondreams.org/views04/0325-08.htm
Into the unknown. 2004. The Economist. November 11. Retrieved from Accessed on February 24, 2005http://www.economist.com/displayStory.cfm?story_id=3351468
This is one of the reasons that the United tates upreme Court has noted the difficulty in distinguishing common crime from the "gray zone of socially acceptable and economically justifiable business conduct.
Prosecutors are not eager to 'overcriminalize' and the practice of too readily extending criminal law to areas of which it is not suited is known as "overcriminalization."
For these reasons, the statues of white-collar crimes are broad and fuzzy. And the task, therefore, of defining crime and penalties falls firstly to the prosecutors and then to the court. In the 1980s, the prosecutors read the white collar statutes broadly and the courts were expected to set the perimeters of criminal labiality. There is wide scope however of criminal liability under these white collar statutes.
Is this fair?
For decades, academicians have been calling for change in this, what they see, as unjust and partisan system. To them, the system contains at…...
mlaSources
Bureau of Justice Statistics, United States Department of Justice, Dictionary of Criminal Justice Data Terminology 215, 1981
Justia. U.S. Supreme Court "Braswell v. United States, 487 U.S. 99, 115," 1988
http://supreme.justia.com/cases/federal/us/487/99/case.html
Fallone, B (2012) "Prosecutorial Discretion in the John Doe Investigation" Marq. Univ. Law School blog. Web.
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