White Collar Chapter 10 - 12

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Flashcards on White Collar Chapter 10 - 12, created by alejousmc1985 on 07/29/2013.

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Question Answer
are more likely to be attracted to the more dramatic forms of street crime than to white collar crime. police officers
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. federal agencies.
If________ forces are the principal public policing agency responding to street crime, then__________ agencies make the most substantial response to white collar crime urban police. federal policing
The principal federal investigative agencies are (7) 1. The FBI 2. Inspectors General 3. U.S. Postal Inspection Service 4. U.S. Secret Service 5. U.S. Customs Service 6. Internal Revenue Service\CID 7. USEPA\OCEFT\CID
• They have been granted authority to conduct audits and investigations of departments or agencies to which they are attached The inspectors general
grew from a small Justice Department into one of the world’s most highly regarded policing agencies during the reign of J. Edgar Hoover FBI
• This agency is charged with maintaining the overall security and integrity of the mail system. The U.S postal inspection service
Investigates white collar crimes involving counterfeiting or forgery of any form of federal currency or warranted financial instrument U.S Secret Service
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 The Inspectors General
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. The U.S Postal Inspection Service
Investigates money laundering, falsified import or export documents, illegal product dumping, and foreign corrupt payment U.S Customs
During the Regan administrations, this agency was focused on protecting the government and major financial institutions from fraud FBI
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 U.S Marshals
• It is not clear that they can root out internal corruption effectively because they are part of the department they are investigating The U.S Inspectors General
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 I.R.S Criminal Investigation Division
• Regulatory agencies have three basic functions: Rule Making Administration Adjudication
regulation was scaled back Reagon
favored regulatory agencies George W. Bush
hoped for more regulatory oversight Clinton
moving toward massive overhaul of the regulatory system Obama
____________(who,year) found evidence of a strong structural bias in the regulatory process that favors larger, more powerful corporations Yeager 1987
This bias exists because the larger corporations have the resources to afford _______ and_____ experts who can challenge and negotiate with agency experts technical and legal
was created as an independent agency in 1914 as the federal government’s principle weapon against trusts Federal Trade Commission FTC
was established in 1934 as a government response to the massive stock manipulation and frauds that contributed to the 1929 stock market crash The Securities and Exchange Commission (SEC)
The SEC was given broad responsibilities to: 1. Regulate and police the securities market 2. Serve as a repository and examiner for registration statements 3. Provide information on securities to investors 4. Advise bankruptcy reorganizations sometimes 5 Investigate and initiate actions when federal securities laws are violated and frauds are committed
This Agency: • Issue trade regulation rules • Require businesses to produce various forms of information • Prevent unfair competition and anticompetitive mergers Federal Trade Commission (FTC)
• 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. Environmental Protection Agency (EPA
• Was established as a Labor Department agency in 1971 Occupational Safety and Health Administration (OSHA)
• 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 Environmental Protection Agency (EPA)
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 Occupational Safety and Health Administration (OSHA)
____________ have traditionally directed most of their time and attention to the broad range of conventional crime cases Local Prosecutors
• The combination most likely to lead to criminal prosecution of white collar crime, according to a survey cited in the text, is 1. Individual defendants 2. ornizational victims 3. multiple offenses or a large number of victims
• A decision to prosecute a corporation requires a __________ of finite resources major commitment
• When prosecutors pursue white collar crime cases they generally are cases of: (7) Consumer fraud, insurance fraud, false claims, environmental offenses, securities fraud and tax fraud, and illegal payments cases
• Prosecutors tend to have some_____ in choosing cases to pursue autonomy
With regard to the local prosecution of white collar crime most local prosecutors handle_________ white collar crime cases per year. only a few
primarily prosecute white collar crime cases involving fraudulent transactions. • State attorney generals
__________have begun to pursue corporations for violations of state laws more often State prosecutors
• The combination most likely to lead to criminal prosecution of white collar crime, according to a survey cited in the text, is Individual defendants, organizational victims, and multiple offenses or a large number of victims.
• These attorneys identified several key factors in the decision to prosecute: (4) 1. Amount of money involved 2. Number of victims 3. Their belief in the guilt of the accused 4. Prosecutorial success rate
• 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________ cross designation
have assumed the primary responsibility for pursuing major white collar crime cases • Federal prosecutors
• The prosecution of white collar crime cases became a much greater priority for the U.S. Department of Justice beginning in the________ 1970s
• Since the_________ , federal prosecutors are finding it increasing appealing to pursue white collar crime Watergate affair
• Reagan’s and Bush’s first administration showed_____ _______to prosecuting white collar crime little commitment
• The application of the RICO to white collar crime and emerging federal sentencing guidelines are among the arsenal of potent prosecutorial weapons
• Under the______________ , federal prosecutors are moving much more aggressively to take on financial fraud cases new Obama administration
• 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. Clinton presidential
• Corporate______________ tend to be large and complicated, stretching across various jurisdictions and lasting for an extended period of time antitrust cases
• The _______________considered the first congressional expression of intent to criminalize polluting activity The Rivers and Harbors Act of 1899
• 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________ 1980s.
• 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) fact
Also called independent counsels, have sometimes been appointed in politically Special Prosecutors
• The ___________ was a major inspiration for the formal creation of the special prosecutor’s (independent counsel’s) office Watergate affair
• The grand jury is more important in white collar crime cases than in conventional cases because a grand jury indictment is constitutionally required in the federal system
• The grand jury is more likely to be involved in________ crime cases than __________crime cases. white collar, conventional
• Two beliefs about the judicial sentencing of white collar offenders have been adopted over the years 1. White collar offenders are treated more leniently at sentencing than are conventional offenders 2. Sentencing is idiosyncratic (peculiar to an individual or group) and haphazard
• Traditionally, judges have been reluctant to impose tough sentences on business people (fact) fact
• Judges may believe that the______ of criminal prosecution is punishment enough for many such offenders shame
• White collar crime offenders are ______ likely to be fined or put on __________ than are conventional offenders more probation
• Individual white collar crime offenders are not typically sent to prison
• Since these offenders are not a direct physical threat to members of the community, they are seen as especially suitable candidates for probation
• When these offenders are incarcerated they are almost always sent to a minimum security prison or prison camps
• Most recent responses to white collar crimes have taken the form of a civil lawsuit
• Federal prosecutors may opt for_______ proceedings as opposed to _______ proceedings when pursuing white collar offenders civil,criminal
• Civil lawsuits seeking millions of dollars have become more common • These suits may occur in conjunction with criminal prosecution (fact) Fact
- lawsuits in which a group of directly injured parties seek compensation and, in some cases, punitive damages from an organization • Class action lawsuits -
• Criminologists can play a role in fostering broader attention to white collar crime in the media by engaging in newsmaking criminology
newsmaking criminology which calls for criminologists to: 1. Appear on television and radio shows, write for and make themselves available for interviews with the press to reach a boarder public audience
• Responses to white collar crime may be directed toward: 1. Structural, organizational or individualistic levels 2. Social control, opportunity structures or cognitive states 3. Persuading, appealing to reason or offering practical inducements, or relying on threats of intervention and punishment
• Unfortunately, it is not clear that integrating business ethics into the curriculum will measurably elevate the ethical behavior of business people (fact) fact
• There are 3 ways in which businesses get themselves into trouble: 1. Ethical problems 2. Market failures 3. Liquidity problems
• Sanctions can be:__________ and ________ positive and negative
examples of positive sanctions Grants, bounties, fees, loan guarantees, prizes and awards
Examples of negative sanctions Imprisonment, fines and occupational disqualification
• Sanction is most commonly equated with punishment
• Collecting a substantial civil judgment is far more economical than imposing __________ prison sentences
• 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) 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 compliance approach
the deliberate decision to refrain from engaging in illegal activity out of fear of legal sanctions deterrence
• White collar crime is typically viewed as an instrumental or rational crime, and accordingly more deterrent-prone than conventional crime. (fact) fact
• ___________ is the most recent rationale for penal response to crime Rehabilitation
__________ 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 • Probation
• ___________ 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 Restorative justice
• It provides convicted offenders with the education and job training they need to be able to support themselves by legitimate activities Rehabilitation
• 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 probation
• According to the text, any rehabilitation of white collar offenders is likely to take place_________________________________ outside of correctional institutions.
• So we can say there are several arguments that have been made against incarcerating white collar offenders. i) White collar offenders suffer a greater humiliation through loss of status than conventional offenders, so prison is not necessary. ii) It is wasteful to put highly educated and skilled white collar workers in prison iii) White collar offenders are not dangerous in a direct or predatory sense
• One argument we can’t make however is the harm committed by white collar offenders is much less than that of conventional offenders. (fact) fact
• Practices and programs reflecting restorative purposes will respond to crime by: i) identifying and taking steps to repair harm ii) involving all stakeholders, and iii) transforming the traditional relationship between communities and their governments in responding to crime
• Some of the programs and outcomes typically identified with restorative justice include: (7) 1. Victim offender mediation 2. Conferencing 3. Circles 4. Victim assistance 5. Ex-offender assistance 6. Restitution 7. Community services
• The U.S. Sentencing Commission’s attempts to establish guidelines for fines took onto account various factors 1. Amount of loss, the offense “multiple” (difficulty of detecting and prosecuting, to ensure that the fine is both a deterrent and a just punishment), and the enforcement costs involved
• Various alternatives to traditional fines have been proposed: (5) i) Equity fines, days fines, installment fines, pass-through fines and superadded liability
_______________ 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 Equity fines
• ___________, or loss of license, can be a fairly drastic penalty for an individual. Occupational disqualification
• It is punitive and intended as a deterrent. ______________ is likely to have especially devastating consequences for Professionals. Occupational disqualification
has been treated here as a cognate (of the same or similar nature) form of white collar crime government 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) fact
• Even though campaign-financing reforms have been undertaken, they hardly eliminate the problem of corrupt public officials- The revolving-door syndrome