WCC Ch. 4 Occupational Crime

Define Occupational Crime

A violation of the legal code within the context of a legitimate occupation

Types of occupational Crime

1. Crimes by Small Businesses

2. Crimes by Professionals

3. Employee Crime

What are the types of Crimes by Small businesses?

1. Retail Crime

2. Service Fraud by Service Business

What are the types of crimes by professionals?

1. Medical Crime

2. Legal Crime

3. Academic Crime

4. Religious Crime

What are some examples of Retail Crime?

1. Misrepresenting an inferior product

2. adulteration of products (spring water that actually is tap water)

3. Short-weighting (half empty chips bag instead of full one)

4. Bait and Switch tactic

5. concealing spoiled food (changing expiration date)

6. collecting taxes for nontaxable items

7. unhygienic food-handling practices

8. defrauding vulnerable people

What makes a crime, an occupational crime?

individual(s) within a legitimate occupation violate the law in order to benefit themselves / use their position to illegally benefit themselves (CEO steals from customers to enrich himself) (corporate crime is when individuals within a corporation violate the law to benefit the corporation as a whole or when a corporation itself does this)

What is an example of defrauding vulnerable people? (crimes by Small businesses)

poor people being overcharged by retail businesses (grocery stores in poor areas costing more than other areas)

funeral industry overcharging poor people

nursing home industry abusing and defrauding elderly people

What is an example of service fraud by service businesses?

1. Auto repair shops making unnecessary repairs or overcharging for a service (becoming the norm)

Professions refer to occupations characterized by…

1. Higher (graduate-level) education and training

2. specialized technical knowledge and skills

3. a high degree of autonomy

4. monopolistic or near monopolistic control over services

5. substantial authority over clients and subordinates

6. Legal responsibilities and codes of ethics (Hippocratic oath)

7. licensure and accreditation requirements (doctors, lawyers, etc.)

8. these professions claim to have a “calling”

9. professional subculture with value system / language

10. professional associations that promote its interests (Bar associations, medical associations)

Classical liberal professions originally included what?

Medicine, law, the ministry (church), college professors and scientists

Professionals all enjoy relatively high levels of what?

Prestige, Autonomy, Trust and Income

professionals have a “calling” to use their specialized, objective knowledge for what purpose?

on behalf of the long-term public interest and common good

What is public interest?

the provision (providing) of services to needy individuals and expertise to policy makers

What is the common good?

the promotion of values and priorities that benefit society as a whole

Professions have often placed ____ over either ____ or _____

placed SELF-INTEREST over public interest or common good considerations

What is Noblesse Oblige?

The duty of those who are privileged to use their privilege to the benefit of the less fortunate

What is an example of medical crime?

1. the performance of unnecessary operations (removal of tonsils, organs, etc.)

2. Medicaid and Medicare Fraud (over utilization or billing for unnecessary tests and services)

What are the consequences for Medicaid and Medicare fraud?

drains off medical resources, deprive patients of needed care, raises insurance rates and taxes for the general public

Other types of medical crime

1. other crimes such as S.A. of patients and narcotic addiction

Define Legal crime

lawyers cross the line between representation of those charged with illegal acts and participation in illegal activity (facilitate or help cover up illegal enterprises, or steal money from clients)

Legal crime as fraud

The power of attorney granted to lawyers gives lawyers vast opportunities to commit crimes such as theft

What is a power of attorney?

a letter of attorney in common law systems (called a mandate in civil law systems) is an authorization to act on someone else’s behalf in a legal or business matter

Legal crime as fraud…

1. promoting harmful litigation out of self interest or taking too large a share of settlements in class action suits (law brothers, larry H. parker)

2. misrepresentation (lying)

Legal crime as collusion / collaboration

ABA prohibits lawyers from advising or assisting a client in the commission of any illegal act (sometimes lawyers actually aid and abet the crimes of their clients)

The line between maintaining lawyer/client confidentiality and becoming party of illegal activity can be…

extremely thin

several leading law firms were implicated in some of ___

the massive savings and loan fraud cases

What are the types of academic crimes?

1. Plagiarism

2. Misuse of or embezzlement of university funds / research grants

3. Fraudulent claims about credentials (lying about having degree)

4. Gross negligence in the fulfillment of teaching responsibilities

5. Use of fraudulent data in research studies

6. Forgery

7. Sexual harassment in athletic programs

What are some forms of student WCC within academic crime?

1. Cheating on tests

2. Plagiarism

3. buying homework or obtaining copy of tests

What is the difference between corporate crime and occupational crime?

Occupational crime is different from corporate crime because it is committed in the workplace by individuals within an organization with the goal of achieving direct personal gain or gratification.