White Collar Chapter 10 - 12

are more likely to be attracted to the more dramatic forms of street crime than to white collar crime.

Because of the complex, interjurisdictional character of much white collar crime__________have played a much larger role in the investigation of these crimes than have local agencies.

If________ forces are the principal public policing agency responding to street crime, then__________ agencies make the most substantial response to white collar crime

The principal federal investigative agencies are (7)

• They have been granted authority to conduct audits and investigations of departments or agencies to which they are attached

grew from a small Justice Department into one of the world’s most highly regarded policing agencies during the reign of J. Edgar Hoover

• This agency is charged with maintaining the overall security and integrity of the mail system.

Investigates white collar crimes involving counterfeiting or forgery of any form of federal currency or warranted financial instrument

granted some autonomy and certain powers and are expected to report to the attorney general and Congress any internal wrongdoing that come to their attentions

They have jurisdiction over embezzlements, identity frauds, lotteries, mail frauds, money laundering, and worker’s compensation frauds involving a postal element and now has jurisdiction over electronic frauds as well.

Investigates money laundering, falsified import or export documents, illegal product dumping, and foreign corrupt payment

During the Regan administrations, this agency was focused on protecting the government and major financial institutions from fraud

3. Assigned both law enforcement and court-related duties
Pursue and capture fugitives, engage in pursuit of white collar crime fugitives and also have the responsibility of disposing of seized assets in white collar crime cases

• It is not clear that they can root out internal corruption effectively because they are part of the department they are investigating

claims to have the best white collar crime lab in the country
This forensic crime lab has the capability of reconstructing shredded documents, enhancing voices on tapes, and analyzing altered documents, fingerprints, ink, paper and polygraphs

• Regulatory agencies have three basic functions:

regulation was scaled back

favored regulatory agencies

hoped for more regulatory oversight

moving toward massive overhaul of the regulatory system

____________(who,year) found evidence of a strong structural bias in the regulatory process that favors larger, more powerful corporations

This bias exists because the larger corporations have the resources to afford _______ and_____ experts who can challenge and negotiate with agency experts

was created as an independent agency in 1914 as the federal government’s principle weapon against trusts

was established in 1934 as a government response to the massive stock manipulation and frauds that contributed to the 1929 stock market crash

The SEC was given broad responsibilities to:

This Agency:
• Issue trade regulation rules
• Require businesses to produce various forms of information
• Prevent unfair competition and anticompetitive mergers

• Was established in 1970 as an independent executive branch agency headed by an administrator appointed by the president. Their reach expanded significantly during this decade.

• Was established as a Labor Department agency in 1971

• Established in response to a growing public concern with harm to the environment that rose sharply after a dramatic oil spill in 1969 off the coast of California

authorized to develop and enforce procedures and standards for workplace health and safety and to compensate for limitations of alternative remedies such as worker’s compensation, civil tort suits and criminal prosecutions
• They are also empowered to conduct workplace inspections and issue citations for violations

____________ have traditionally directed most of their time and attention to the broad range of conventional crime cases

• The combination most likely to lead to criminal prosecution of white collar crime, according to a survey cited in the text, is

• A decision to prosecute a corporation requires a __________ of finite resources

• When prosecutors pursue white collar crime cases they generally are cases of: (7)

• Prosecutors tend to have some_____ in choosing cases to pursue

With regard to the local prosecution of white collar crime most local prosecutors handle_________ white collar crime cases per year.

primarily prosecute white collar crime cases involving fraudulent transactions.

__________have begun to pursue corporations for violations of state laws more often

• The combination most likely to lead to criminal prosecution of white collar crime, according to a survey cited in the text, is

• These attorneys identified several key factors in the decision to prosecute: (4)

• In the relatively few cases in which state prosecutors pursue corporations, they often do so in a cooperative venture with local and federal prosecutors in a process known as________

have assumed the primary responsibility for pursuing major white collar crime cases

• The prosecution of white collar crime cases became a much greater priority for the U.S. Department of Justice beginning in the________

• Since the_________ , federal prosecutors are finding it increasing appealing to pursue white collar crime

• Reagan’s and Bush’s first administration showed_____ _______to prosecuting white collar crime

• The application of the RICO to white collar crime and emerging federal sentencing guidelines are among the arsenal of

• Under the______________ , federal prosecutors are moving much more aggressively to take on financial fraud cases

• The ___________ administration of the 1990s was somewhat more ideologically attuned to pursuing white collar crime cases, and a dramatic increase in the pursuit of antitrust cases, in particular, occurred during the early years of this administration.

• Corporate______________ tend to be large and complicated, stretching across various jurisdictions and lasting for an extended period of time

• The _______________considered the first congressional expression of intent to criminalize polluting activity

• The Rivers and Harbors Act of 1899 did not lead to any serious, measurable prosecutorial activity against environmental criminals for the first seven decades of the 20th century. The prosecution of environmental crime increased somewhat during the________

• Despite some modest increases in prosecutions, fines and prison sentences for individual corporate executives, there has been a systematic reluctance to imprison environmental offenders or to fine corporate environmental offenders more than a fraction of the statutory maximum for these offenses. (fact)

Also called independent counsels, have sometimes been appointed in politically

• The ___________ was a major inspiration for the formal creation of the special prosecutor’s (independent counsel’s) office

• The grand jury is more important in white collar crime cases than in conventional cases because

• The grand jury is more likely to be involved in________ crime cases than __________crime cases.

• Two beliefs about the judicial sentencing of white collar offenders have been adopted over the years

• Traditionally, judges have been reluctant to impose tough sentences on business people (fact)

• Judges may believe that the______ of criminal prosecution is punishment enough for many such offenders

• White collar crime offenders are ______ likely to be fined or put on __________ than are conventional offenders

• Individual white collar crime offenders are not typically sent to

• Since these offenders are not a direct physical threat to members of the community, they are seen as especially suitable candidates for

• When these offenders are incarcerated they are almost always sent to

• Most recent responses to white collar crimes have taken the form of

• Federal prosecutors may opt for_______ proceedings as opposed to _______ proceedings when pursuing white collar offenders

• Civil lawsuits seeking millions of dollars have become more common
• These suits may occur in conjunction with criminal prosecution
(fact)

- lawsuits in which a group of directly injured parties seek compensation and, in some cases, punitive damages from an organization

• Criminologists can play a role in fostering broader attention to white collar crime in the media by engaging in

newsmaking criminology which calls for criminologists to:

• Responses to white collar crime may be directed toward:

• Unfortunately, it is not clear that integrating business ethics into the curriculum will measurably elevate the ethical behavior of business people
(fact)

• There are 3 ways in which businesses get themselves into trouble:

• Sanctions can be:__________ and ________

examples of positive sanctions

Examples of negative sanctions

• Sanction is most commonly equated with

• Collecting a substantial civil judgment is far more economical than imposing __________

• Historically, corporations have often found it less costly to contend with civil lawsuits than to limit profits by fully complying with the law or correcting the hazards they created
(fact)

• The _________ favors cooperative strategies and is rooted in the assumption that a cooperative strategy is both a practical necessity and a more effective way of limiting the harm of corporate activities

the deliberate decision to refrain from engaging in illegal activity out of fear of legal sanctions

• White collar crime is typically viewed as an instrumental or rational crime, and accordingly more deterrent-prone than conventional crime.
(fact)

• ___________ is the most recent rationale for penal response to crime

__________ has typically been regarded as more appropriate for individual white collar offenders than for conventional offenders. Probation has traditionally been applied to individuals, but has more recently been applied to organizations

• ___________ is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders

• It provides convicted offenders with the education and job training they need to be able to support themselves by legitimate activities

• The white collar offender is unlikely to be viewed as a direct physical threat to the community
• He or she is also more likely to be viewed as capable of remaining in the community as a constructive, gainfully employed citizen

• According to the text, any rehabilitation of white collar offenders is likely to take place_________________________________

• So we can say there are several arguments that have been made against incarcerating white collar offenders.

• One argument we can’t make however is the harm committed by white collar offenders is much less than that of conventional offenders.
(fact)

• Practices and programs reflecting restorative purposes will respond to crime by:

• Some of the programs and outcomes typically identified with restorative justice include: (7)

• The U.S. Sentencing Commission’s attempts to establish guidelines for fines took onto account various factors

• Various alternatives to traditional fines have been proposed: (5)

_______________ call for convicted corporations to issue special shares which are placed with a state victim compensation board, which in turn can liquidate them when they can realize a maximum

• ___________, or loss of license, can be a fairly drastic penalty for an individual.

• It is punitive and intended as a deterrent. ______________ is likely to have especially devastating consequences for Professionals.

has been treated here as a cognate (of the same or similar nature) form of white collar crime

• If occupational disqualification is to be effective, it must be administered from outside the corporation because corporations may be reluctant to disqualify their own executives
(fact)

• Even though campaign-financing reforms have been undertaken, they hardly eliminate the problem of corrupt public officials-