Dissecting White-Collar Crime: Offense Type and Punitiveness

It is commonly asserted that the public is indifferent toward white-collar crime and hence is reluctant to “get tough” with more “respectable” criminals. However, such a contention fails to consider that there are many varieties of upperworld criminality and that the punitiveness of the public may differ markedly according to the type of offense involved. Based on a 1981 survey conducted in Galesburg, Illinois, we have attempted to investigate whether the criminal sanctions prescribed by citizens will vary when the broad category of white-collar crime is “dissected” into its component types. The data suggest that (1) there is considerable variation in punitiveness by type of offense; (2) while street crimes are generally given the harshest sentences, violent forms of white-collar illegality are accorded severe sanctions that exceed those meted out for some F.B.I, crimes; and (3) there is little support for the notion that the public responds leniently to upperworld crime.     

Public perceptions of white-collar crime and punishment

Although financial losses from white-collar crime continue to exceed those of street crime, the criminal justice system has traditionally focused on the latter. Past research suggested that citizens are more likely to support punitive sanctions for street offenders than white-collar offenders. Recent corporate scandals have increased public awareness of white-collar crime, but whether public attitudes have been altered remains to be determined. Using a 2005 national sample of 402 telephone survey participants, the current study examined citizen perceptions of white-collar and street crime, as well as attitudes regarding apprehension and punishment. This research extended prior studies by also considering the influence of sociodemographic characteristics as well as perceptions of white-collar crime and punishment on the public's support for increasing resource allocation. Implications for future research and development of more effective white-collar crime control policy are discussed.     

Gender and “Other People's Money”: An Analysis of White-Collar Offender Sentencing

Although the female share of white-collar crime arrests (e.g., fraud, forgery, and embezzlement) continues to increase, little is known about the nature of women's involvement in these offenses, or the extent to which the legal treatment of white-collar offenders differs by gender. Using national survey data on employee crime, the present research addresses these voids in the literature. Consistent with prior research, women's roles in fraud offending are restricted by their positions in the organizational hierarchy. In support of the focal concerns perspective, results show that the decision to incarcerate and length of sentence are primarily shaped by indicators of offender blameworthiness. Findings reported here contribute to the literature on gender and white-collar crime, and also extend the growing body of focal concerns research to a previously unexplored sentencing context.     

Perception of Seriousness and Concern about White-Collar Crime: Some Results of an Opinion Survey Among Swiss Banks

Scientifically, little is known about white-collar crime in Switzerland or concern about white-collar crime and even less about how concerned bank employees are about this criminality. This article is based on a small opinion survey of Swiss bank employees and tries to explore perceptions of seriousness and concern about white-collar crime among people who, in their position, might have to face this issue regularly. Past assumptions on the public’s indifference towards white-collar crime seem not to be confirmed in this study as the results obtained demonstrate a greater sensitivity with respect to white-collar crime and especially towards crimes perpetrated by corporations. Even though Swiss bank employees do qualify white-collar offences as very serious acts, they are still more punitive with regard to ordinary crimes.     

Deciding to prosecute white-collar crime: A national survey of state attorneys general

In the past decade, academic research on white-collar crime has reemerged. Most of this inquiry has focused on three general issues: (1) public attitudes toward the seriousness of white-collar crime; (2) the use of government sanctions to control white-collar crime; (3) the differential and often beneficial treatment afforded white-collar criminals in comparison to traditional offenders. Little of this research has examined the prosecutorial link between occurrences of white-collar crime and the imposition of sanctions on white-collar offenders. In this study, an attempt to focus on the link that exists at the level of state attorneys general, a survey of the 50 state attorneys general was conducted. The results suggest the following: (1) state attorneys general prefer to use criminal sanctions, but use them most in cases involving individuals; (2) when organizations are involved in white-collar criminality, civil intervention is preferred; (3) the most crucial factor in the decision to prosecute and investigate white-collar crime is the seriousness of the offense; (4) the least important factors in the decision to investigate and prosecute white-collar violations are publicity aspects and political considerations; (5) state attorneys general may play an important part in the prosecution of white-collar crime because of the limited resources available in most local prosecutors' offices.     

And justice for all? Investigators’ perceptions of punishment for fraud perpetrators

Despite extensive financial losses and other indicators of harm, the American public and legal professionals have historically been ambivalent toward white-collar crime. Recent research demonstrates that public perceptions of white-collar crime and attitudes toward the punishment of white-collar offenders have become more punitive. Along these lines, a neglected area of research concerns those individuals who routinely face white-collar crimes: fraud investigators. Using data collected during the height of recent corporate scandals (2001–02), this study examines the perceptions of 663 fraud investigators and extends prior research by considering the influence of investigator characteristics, organizational context (i.e., size, setting, internal controls, and resource capacity), case characteristics (i.e., offense type, financial loss, and sanction), and offender characteristics on legal professionals’ general and specific punishment perceptions. Results indicate that organizational resources increase the likelihood of both outcomes. Additionally, the correlates of general and specific punishment perceptions are found to differ: government agency context influences general but not specific perceptions. Comparatively, the perception that fraud is increasing and a sanction that includes incarceration each have a significant, positive influence on specific punishment perceptions. Implications of these findings for future research and policy are discussed.

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Do perceptions of punishment vary between white-collar and street crimes?

Much has been learned about the relationship between sanction threat perceptions and criminal activity, yet little remains known about the factors that are associated with sanction threat perceptions. Moreover, because most researchers had studied deterrence within the context of street crime, even less is known about the factors that relate to sanction threat perceptions for white-collar crime. This study used data from a national probability sample to examine whether the determinants of perceived sanction certainty and severity for street crime were different from white-collar crime. Using robbery and fraud as two exemplars, the findings indicated that while public perceptions of sanction certainty and severity suggested that street criminals were more likely to be caught and be sentenced to more severe sanctions than white-collar criminals, respondent's perceptions of which type of crime should be more severely punished indicated that both robbery and fraud were equally likely to be perceived ‘on par.’ Additional results indicated that the correlates of certainty and severity were more similar than different, but that the results differed according to whether respondents were asked about the punishment that white-collar offenders were likely to receive as opposed to what they should receive.     

White-collar offenders and the jail experience: a comparative analysis

The incarceration experiences of white-collar offenders have received relatively little attention among criminological researchers, and the research that has been conducted has focused on offenders’ experiences in prisons rather than jails. The purpose of this study was to fill this gap by examining approximately 6500 inmates incarcerated in local jails, comparing those classified as white-collar offenders to violent and other non-violent offenders. The differences between offender types based on demographics, psychological adjustment (i.e., mental health issues since arrival to jail), and behavioral adjustment (i.e., institutional misconduct) are examined to see whether white-collar inmates have more difficulty than others adjusting to the jail environment (consistent with the special sensitivity hypothesis). Findings suggest that white-collar jail inmates do not appear to experience symptoms indicative of poor psychological or behavioral adjustment to the jail environment. Implications for policy and future research are discussed.     

Violent Street Crime Versus Harmful White-Collar Crime: A Comparison of Perceived Seriousness and Punitiveness

Recent studies have challenged traditional wisdom regarding public apathy about white-collar crime by revealing equal or greater perceived seriousness of these offenses among respondents relative to traditional crime. Nevertheless, subjects in those studies were generally asked to contrast white-collar crime scenarios with a non-violent street crime baseline vignette. Perhaps a violent street crime would have invited lower perceived seriousness for the white-collar offenses. Participants in the present study were asked to (1) read vignettes describing violent street crimes and physically harmful white-collar crimes, (2) compare their seriousness, and (3) determine appropriate sanctions. Subjects perceived the violent crime scenarios presented to them to be more serious than the harmful white-collar crime vignettes. Further, they were less punitive toward white-collar offenders compared with street criminals. Implications of these findings are discussed.     

White-collar crime and the justice department: The institutionalization of a concept

The sudden and unexpected incorporation of white-collar crime as a top investigative priority of the U.S. Justice Department of the 1970s is the focus of this inquiry. This pursuit of white-collar crime is especially problematic for instrumentalist and structuralist variants of conflict theory, which generally view the origins of law in terms of the interests of a ruling or capitalist class. This apparent contradiction between official concern for white-collar crime and instrumentalist and structuralist theories of law creation is examined in the context of the discovery of white-collar crime by the Justice Department. It is noted that in the process of operationalizing white-collar crime, the Justice Department transformed the traditional (Sutherland) definition of white-collar crime so that targeted offenders are not limited to the economic and political elite, but instead are drawn from all social classes. This modification of the definition has far-reaching implications for assessing the nature of the Justice Department's response to the problem of elite crime and provides insight into the ongoing theoretical debate on the origins of law.     

GENDER AND VARIETIES OF WHITE-COLLAR CRIME*

The Wheeler et al. (1982) data set of white-collar defendants is used to compare men's and women's socioeconomic profiles and occupations and the nature of their illegalities. The results show that a minority of men but only a handful of women fit the image of a highly placed white-collar offender. Most employed women were clerical workers, and most employed men were managers or administrators. Women were more likely to be nonwhite, less likely to have completed college, and owned less in economic assets. Men were more likely to work in crime groups and to use organizational resources in carrying out crimes, and their attempted economic gains were higher. Occupational marginality, not mobility, better explains the form of women's white-collar crime. The results raise questions about white-collar arrest data and the nature of crime and offenders in white-collar sentencing samples. They compel an investigation of the multiple injuences of gender, class, and race relations in generating varieties of white-collar crime and in being caught and prosecuted for white-collar crime.     

Public support for punishing white-collar crime: Blaming the victim revisited?

It is commonly asserted that white-collar crime flourishes because the public is unaware of its costs and indifferent to its control. Survey data collected in Illinois indicate, however, that the public perceives white-collar offenses to have greater economic and moral costs than conventional street crimes, though not to be as violent. More notably, our sample displayed strong support for the criminal sanctioning of white-collar offenders. Public attitudes thus do not appear to be either a major obstacle to attacking upper-world criminality, or its source. It is suggested that attempts to blame the public for its immense victimization serve only to divert attention from the real structural conditions that underlie both high rates of white-collar crime and the reluctance of the state to bring the lawlessness of the advantaged within the reach of the criminal law.     

The Seriousness of Crime Revisited: Have Attitudes Toward White-Collar Crime Changed?

Social commentators have often observed that the public is indifferent to white-collar criminality. However, the growing attention that white-collar crime has received in recent years raises the possibility of changes in the public's perceptions of such violations. By replicating Rossi et al.'s survey in 1972 of the seriousness of 140 offenses, the present research presents data indicating that white-collar crime has increased in seriousness more than any other offense category, but that it is still viewed as less serious than most other forms of illegality. When different types of white-collar crime were analyzed, we found considerable variation in ratings, with high a degree of seriousness attributed to offenses involving physical harm. Further, while all categories of white-collar criminality increased in seriousness, attitudinal changes have been particularly apparent toward two types, Violent and Corporate Price-Fixing.     

Sympathy for the Devil: An Exploration of Federal Judicial Discretion in the Processing of White-Collar Offenders

Since the late 1990s, the United States has experienced a series of major corporate malfeasance events leading to the collapse of corporations such as Worldcom and Enron, predatory lending practices which devastated the nation’s real estate market and the Bernie Madoff scandal serving as prime examples. While the leading culprits in such well-publicized cases have met stiff sanctions, the common notion is that white-collar offenders are treated more leniently than street offenders by the criminal justice system. Given the scope and severity of victimization attributable to the contemporary white collar crime epidemic, the matter of sanctioning fairness and severity is of timely importance. This paper examines judicial discretion in the form of the decision to incarcerate and the length of sentences imposed for federal white collar and street level offenders. Findings inform discussion oriented around the related issues of deterrence and public safety.     

Class, Status, and the Punishment of White-Collar Criminals

The treatment of white-collar offenders by the criminal justice system has been a central concern since the concept of white-collar crime was first introduced In general, it has been assumed that those higher up the social hierarchy have an advantage in every part of the legal process, including the punishment they receive as white-collar criminals. In a controversial study of white-collar crime sentencing in the federal district courts, Wheeler, Weisburd, and Bode contradicted this assumption when they found that those of higher status were more likely to be imprisoned and, when sentenced to prison, were likely to receive longer prison terms than comparable offenders of lower status. While they argued that results were consistent with "what those who do the sentencing often say about it," their analyses failed to control for the role of social class in the sentencing process. In this article we reanalyze the Wheeler et al sentencing data, including both measures of socioeconomic status and class position. Our findings show that class position does have an independent influence on judicial sentencing behavior. But this effect does not demand revision in the major findings reported in the earlier study.     

Is occupational fraud “typical” white-collar crime? A comparison of individual and organizational characteristics

Controversy over the appropriate unit of analysis plagued the white-collar crime literature. This state of affairs was a product, at least in part, of the continued development of two distinct research traditions. Researchers interested in “occupational crime” focused on individuals, whereas “corporate crime” researchers studied organizations. As a result, assumptions persisted about the “typical” offender and organizational setting for white-collar crime. Using a sample of 1,142 occupational fraud cases, the present study addressed voids in the literature by comparing differences in individual offender characteristics (i.e., age, gender, education, and position in the organization) and organizational victim characteristics (i.e., size, type, existing control mechanisms, and revenue) for three types of occupational fraud: asset misappropriation, corruption, and fraudulent statements. The analysis revealed that individuals who committed fraudulent statements conformed to the literature's “high status” image, while those involved in asset misappropriation or corruption more closely resembled D. Weisburd, S. Wheeler, E. Waring, and N. Bode's (1991) “middle-class” offenders. Moreover, organizations victimized by corruption were similar to the literature's depiction of the large, profit-making company setting for white-collar crime, while the other two types of occupational fraud occurred in distinctly different settings. Implications for future research and fraud prevention are provided.     

To execute or not to execute? Examining public support for capital punishment of sex offenders

In the 1990s, states enacted a plethora of new “get tough” laws targeting sex crime. These included extending the death penalty—a punishment typically reserved for murderers—to convicted sex offenders. Little attention, however, has been given to explaining why these tougher responses emerged and, in particular, whether the public supported extending the use of the death penalty to sex offenders. The goal of this paper was to examine whether public perceptions about executing sex offenders accorded with the punitive shift in policy and, more broadly, to contribute to scholarship on the death penalty. To this end, this paper examined data from a 1991 national public opinion poll, conducted just prior to the punitive shift in sex crime policies. The study found that views about executing sex offenders depended heavily on whether the victim was a child, that support for executing sex offenders was substantially lower than for executing murderers, and that few social and demographic divides differentially predicted support for executing sex offenders versus murderers. Implications of the study are discussed.     

Youth justice — crisis or opportunity?

Conclusion Throughout the 1980s, major developments took place in the way in which agencies, which constituted the juvenile justice system, worked together. The 1990s have seen an increase in public and political attention on law and order. As yet, neither this concern, nor the introduction of the Criminal Justice Act 1991, has reversed the general trend of diverting young offenders from court and custody. Moreover, in the first three years of the decade, there have been no indications that concern about crime has generated an upturn in prosecution of youthful offenders.New proposals to expand secure accommodation within both the local authority and the independent sector, put forward by the Department of Health, and the proposed introduction of secure training centres in the new Criminal Justice Bill, indicate political responses to perceived public concern, rather than planned responses to identified need. In the light of these developments, it is important that local youth justice agencies operate a process of inter-agency strategic management based on sound, valid and agreed data. It is important that in the rush to assuage public concern, sound management of the youth justice system, as well as sound management of individual youth offenders, is not jettisoned.This is the message and legacy of the career of Josine Junger-Tas who has taught many of us that youth crime is open to rational analysis and policy making. Her intellectual analysis, tempered with her effervescent personality, is an example to us all.     

Diamonds,gold and crime displacement: Hatton Garden,and the evolution of organised crime in the UK

The 2015 Hatton Garden Heist was described as the ‘largest burglary in English legal history’. However, the global attention that this spectacular crime attracted to ‘The Garden’ tended to concentrate upon the value of the stolen goods and the vintage of the burglars. What has been ignored is how the burglary shone a spotlight into Hatton Garden itself, as an area with a unique ‘upperworld’ commercial profile and skills cluster that we identify as an incubator and facilitator for organised crime. The Garden is the UK’s foremost jewellery production and retail centre and this paper seeks to explore how Hatton Garden’s businesses integrated with a fluid criminal population to transition, through hosting lucrative (and bureaucratically complex) VAT gold frauds from 1980 to the early 1990s, to become a major base for sophisticated acquisitive criminal activities. Based on extensive interviews over a thirty year period, evidence from a personal research archive and public records, this paper details a cultural community with a unique criminal profile due to the particularities of its geographical location, ethnic composition, trading culture, skills base and international connections. The processes and structures that facilitate criminal markets are largely under-researched (Antonopoulos et al. 2015: 11), and this paper considers how elements of Hatton Garden’s ‘upperworld’ businesses integrated with project criminals, displaced by policing strategies, to effect this transition.