criminology ch 12

white collar crime

non violent, financially motivated crimes committed by business or government professionals. These crimes are often characterized by deceit, breach of trust, or concealment.

examples of white collar crime

public corruption, health care fraud, mortgage fraud, securities fraud, money laundering, embezzlement, tax evasion, insider trading, bribery, and cybercrime

foreign corrupt practices act (FCPA)

is a US law that prohibits the payment of anything of value to foreign officials in order to gain a business advantage. The FCPA was passed in 1977 to prevent corruption, create a level playing field for honest businesses, and restore public confidence in the marketplace

Edwin H Sutherland’s definition of white collar crime

violations of the criminal law committed by a person of respectability and high social status in the course of ones occupation

effects of white collar crime

financial consequences

erosion of trust

job losses

social consequences

pollution problems

reputation damage

green’s typology of occupational crime

state authority occupational crime

•State authority occupational crime is a type of occupational crime that involves the illegal use of state power by someone in an official position. It can include a wide range of activities, from bribery by a notary public to genocide.

professional occupational crime

which involves offenses committed in the context of professional trusts related to occupations

individual occupational crime

type of crime that is committed by individuals in the course of their employment or profession. It involves breaking the law for personal gain or to benefit the company they work for. This can include embezzlement, fraud, insider trading, and bribery.

corporate crime

is a type of white-collar crime that occurs when an individual or corporation commits illegal acts on behalf of a business:

financial crime

crime is a broad term that describes any criminal activity that involves money or other financial resources. It can include a wide range of offenses, such as:

fraud

money laundering

cybercrime

trade violations

bribery and corruption

fraud

include check fraud, credit card fraud, mortgage fraud, and more

money laundering

This is when criminals hide the origin of illegally obtained money, often by transferring it between banks and legitimate businesses

cybercrime

This includes identity theft and online scams

trade violations

This includes evading customs laws and reporting requirements.

bribery and corruption

Financial crime can be committed by individuals, corporations, or organized crime groups. It can cause significant harm to the economy, society, and individuals.

corporate fraud

is a type of white-collar crime that involves illegal or unethical actions by a company or its employees that are intended to gain an unfair advantage

falsifying financial information

This can include false accounting or misrepresenting financial conditions.

fraudulent trades

These can be designed to inflate profits or hide losses

insider trading

the illegal practice of trading on the stock exchange to one's own advantage through having access to confidential information.

Misuse of corporate property

This can include using company property for personal gain.

health care fraud

a crime that involves intentionally deceiving the health care system to receive illegal benefits or payments. It can be committed by medical providers, patients, or others.

mortgage fraud

is the intentional or knowing misrepresentation of information to obtain a mortgage loan. It can be committed by borrowers or by mortgage industry professionals.

fraud for property

Home buyers commit this type of fraud to purchase a home for personal use. Examples include:

Misrepresenting a borrower's income, employment, or identity

Concealing a second mortgage

Using a straw buyer

fraud for property

•This type of fraud is motivated by money and is often committed by industry insiders. Examples include:

Appraisal fraud

Fraudulent flipping

Inflating property values

Paying straw borrowers

insurance fruad

•fraud is the act of deceiving an insurance company or agent to obtain money or benefits that you are not entitled to. It can include:

Lying on an insurance application

Exaggerating the value of a claim

Staging an accident

Working while collecting workers' compensation benefits

Billing for services that were not provided

Billing for more expensive treatments than were actually provided

mass marketing fraud

•a scheme that uses mass-communication media – including telephones, the Internet, mass mailings, television, radio, and personal contact – to contact, solicit, and obtain money, funds, or other items of value from multiple victims in one or more jurisdictions.

foreign lotteries and sweepstakes

Foreign lottery fraud is currently one of the most prevalent consumer frauds. Victims are told that they have won a lottery or sweepstakes in a foreign drawing. To collect the winnings, victims are told they must first pay various taxes and fees.

Nigerian letter scams

Victims are asked to help illegally transfer funds out of Nigeria in return for a share of the money. Perpetrators ask victims for their bank account information under the pretext that it is needed to complete the transaction. Victims may also be asked to pay money up-front to help defray the cost of taxes, legal fees, or bribes.

credit and loan scams

Victims with poor or non-existent credit are offered credit cards/loans—for an advance fee. “Credit repair services” may offer to help those with poor credit improve their credit ratings—for an advance fee.

overpayment scams

The victim is advertising an item for sale. A “buyer” sends the seller a counterfeit check or money order for more than the cost of the item. The victim is asked to return the difference between the payment and the cost of the item. When the payment turns out to be counterfeit, the victim is held responsible by his or her financial institution.

charity scams

Con artists solicit donations in the name of non-existent or fraudulent charities. Most charity scams occur during the holidays or in the aftermath of disasters, when philanthropy is most common

money laundering

criminal activity that involves disguising the origins of funds delivered from illegal activity to make them appear legitimate

wild life and conservation crimes

illegal activities that involve exploiting wild animals and plants

the Endangered species act (ESA)

protects endangered and threatened species and their critical habitats. the ESA has been credited with saving 99%nof listed species from extinction

wildlife and conservation crimes include:

poaching

trafficking

illegal processing

habitat destruction

selling

money laundering

corruption

poaching

the illegal hunting or capture of animals

animal trafficking

the illegal commercialization of wildlife or wildife products

illegal processing of animals

the manufacturing of products from illegally obtained wildlife or plants

habitat destruction

the unauthorized alteration or destruction of habitats

green criminology

is a criminological perspective that studies crimes and harms that affect the environment, including non-human life and ecosystems. It examines the causes, consequences, and prevalence of environmental crimes, as well as how the legal system and other entities respond to and prevent them.

Sarbanes-Oxley Act

•is a law that was passed by Congress in 2002 to protect the public from financial fraud and accounting errors by businesses. The law was a response to the financial scandals of the late 1990s and early 2000s, which cost investors billions of dollars.

Sherman Act (1890)

regulate interstate commerce and prevent the formation of monopolies, cartels, and trusts. It was the first major attempt by Congress to address the use of trusts to control key industries.

clayton act 1914

•is a part of United States antitrust law with the goal of adding further substance to the U.S. antitrust law regime; the Clayton Act seeks to prevent anticompetitive practices in their incipiency (outset/initial).

securities act 1933

was passed to ensure that investors have financial and other important information about securities that are being sold publicly. It also bans the use of fraud, deceit, and misrepresentation in the sales of securities.

securities exchange act 1934

To protect investors, Congress crafted a mandatory disclosure process designed to force companies to disclose information that investors would find pertinent to making investment decisions. In addition, the Exchange Act regulates the exchanges on which securities are sold.

organized crime

is a criminal enterprise that involves a group of people who work together to commit illegal activities for profit. The group's motivation and structure are more important than the specific crimes they commit.

the organized crime control act of 1970

helped define organized crime and protect witnesses who came forward against organized crime groups

drug trafficking

the most profitable and dynamic activity or organized crime

human trafficking

the illegal trade of people, which can include pimping, organized prostitution, and illegal adoptions

gambling

casinos and gaming houses are often used as money laundering facilities for criminal groups

loan sharking

the practice of lending money at extremely high interest rates, often using threats of violence to collect debts

smuggling

international human smuggling networks can move criminals, fugitives, terrorists, and tracking victims

Hobbs act

federal law that prohibits robbery, extortion, or conspiracy to commit either of those crimes if they affect interstate or foreign commerce

robbery

the taking of property from another person by force, violence, intimidation, or fear

extortion

the obtaining of property from another person by threatening bodily harm, accusing them of a crime, or exposing them to disgrace

interstate or foreign commerce

The crime can be committed anywhere in the United States as long as it has some connection to interstate commerce