Introduction And Overview Of White . - SAGE Publications
S E C T I O NIIntroduction and Overviewof White-Collar CrimeA Systems PerspectiveS e c tion Hi g h l i g h ts Researching White-Collar CrimeStudying White-Collar Crime From a Scientific PerspectiveThe Student Role in White-Collar CrimePlan for the BookNot long ago an employee of a Netherlands-based McDonald’s was fired after she gave a coworker anextra piece of cheese on a hamburger ordered by the coworker. The worker then filed a lawsuit arguing that the firing was unjust. The court eventually decided that the worker should not have beenfired for doling out an extra piece of cheese and ordered the restaurant to pay several months in back pay tothe worker. In the words of the court, “The dismissal was too severe a measure. It is just a slice of cheese”(“McDonald’s Wrong to Fire Worker,” 2010).This case raises several questions relevant to crime in the workplace. Did the worker commit a crimeby breaking the restaurant’s rules? Did the restaurant commit a crime by firing the worker for giving awayan extra piece of cheese? Why did the worker give out the extra piece of cheese? Would the case have beenhandled differently if it occurred in the United States or another country? Have we committed similar actsduring the course of our own jobs?1
2WHITE-COLLAR CRIME: A TEXT/READERRule breaking in the workplace is common. Consider the following examples as they were describedverbatim in press reports: A practicing attorney in Orange County, California, was arrested today on charges that include onecount of conspiracy to commit grand theft, and 97 felony counts of grand theft by false pretenses,with sentencing enhancements for white collar crime and excessive taking. (“OC Lawyer Arrestedfor Defrauding 400 Homeowners,” 2010) This conviction is based upon [the denturist’s] conduct involving five Washington State Medicaidclients across three counties for whom she was supposed to have provided dentures and related services to and then billed the program for services she did not render. (Medicaid Fraud Reports, 2009) ***** played a leadership role in the underlying conspiracy which involved at least 32 residentialproperties in the greater Phoenix area. The objective of the conspiracy was to recruit unqualifiedborrowers as straw buyers, submit fraudulent loan applications on their behalf, obtain mortgageloans in excess of the selling price of the property and then take the excess amount of the loans outthrough escrow in what is known as a “cash back” scheme. (Norman, 2009) Dr. ***** pleaded guilty . . . for submitting a false claim to the state’s Medicaid program. ***** specialized in treating drug addiction patients. . . . The charge was based on evidence that he doublebilled for initial consultations, by collecting the full fee from the patient and also billing Medicaid.***** was sentenced to pay a 2,000 fine, 1,600 in restitution to Medicaid, and serve 30 days in thecounty jail. (Medicaid Fraud Reports, 2009) The California Department of Insurance announced that ***** of Huntington Park, Calif., wasarrested Dec. 22 and faces one felony count of grand theft after allegedly taking a premium paymentand failing to purchase a policy for the victim. (“Huntington Park Insurance Agent Arrested,” 2009) Attorney General Abbott announced on August 13 that licensed vocational nurse ***** was indictedon two counts of injury to an elderly person by exploitation. ***** allegedly diverted hydrocodonein April 2008 from four elderly residents of the Good Samaritan Society, Denton Village, for herpersonal use. (Medicaid Fraud Reports, 2009) A teacher was arrested on suspicion of putting a hit on one of his students. *****, a 10th-gradeteacher at Mundy’s Mill High School in Clayton County, is accused of trying to persuade anotherstudent to kill a 16-year-old boy. (“Teacher Accused of Putting Hit on Student,” 2009)Three similarities exist across each of these examples: (1) in terms of time, they were committed during the course of work; (2) in terms of location, they occurred in a work setting; (3) in terms of offenderrole, the offender was serving as a worker. At the most general level, one might be tempted to refer to thesebehaviors as workplace offenses. On another level, one could argue that each of these examples helps us tounderstand what is meant by the concept of white-collar crime.Edwin Sutherland first introduced the concept of white-collar crime in 1939 during a presentation tothe American Sociological Association. A decade later in his now classic book, White-Collar Crime, hedefined the concept as “crime committed by a person of respectability and high social status in the courseof his occupation” (Sutherland, 1949). Sutherland was calling attention to the fact that criminal acts werecommitted by individuals from all social and economic classes. He used the phrase white-collar to emphasize the occupational status assigned to individuals.In Section II, more attention will be given to how white-collar crime is conceptualized. As a briefintroduction to the concept, three factors are typically used to distinguish white-collar crimes from other
Section I Introduction and Overview of White-Collar Crimecrimes. First, white-collar crimes are committed during the courseof one’s job. Second, the offender’s occupational role plays a centralfeature in the perpetration of the crime. Third, the offender’s occupation is viewed as a legitimate occupation by society (e.g., a drugdealer’s occupation is illegitimate, but a pharmacist’s occupation islegitimate).Perhaps an example can help to clarify what is meant by crimecommitted as a part of one’s employment. Believe it or not—someprofessors have committed crimes. Consider a case in which a psychology professor was charged for hiring actors to pretend that theyhad participated in his research study as part of an investigationthat alleged that the professor had committed scientific fraud. Theactors were interviewed by investigators, but they did not realizethat the interviews were actual official interviews because the professor had told them the interviews were part of a mock trial he wasconducting for his research study (Office of New York State AttorneyGeneral, 2010). This would be a white-collar crime—the offender’s Photo 1.1 White-collar crimes typically occuremployment role was central to the act. Alternatively, consider a case where offenders work. Wall Street has beenwhere a criminal justice professor was charged with sexually heralded as the location of many white-collarassaulting students (Elofson, 2010). This would not typically be crimes. In reality, white-collar misconduct occursconsidered a white-collar crime unless the offender’s employment in all types of workplace settings.role was central to the commission of the act.Distinguishing between white-collar crime and traditional crimes is not meant to suggest that oneform of crime is worse than the other. Instead, the intent is to note that different forms of crime exist and afull understanding of crime, explanations of crime, and responses to crime will not occur unless the differences between these forms of crime are understood.yy Why Study White-Collar Crime?Six reasons support the need to study white-collar crime. First, and perhaps foremost, white-collar crime isa serious problem in our society. Estimates provided by the Federal Bureau of Investigation (FBI) routinelysuggest that far more is lost to white-collar crimes than to traditional property crimes such as larceny, robbery, and burglary. Beyond these economic costs, and as will be shown later in this text, white-collar offenseshave the potential to cause serious physical and emotional damage to victims.Second, unlike some offense types, it is important to recognize that white-collar offenses affect everyone. While a specific street offense might have just one or two victims, white-collar offenses tend to have alarge number of victims, and on a certain level, some white-collar offenses are so traumatic that they actually may influence all members of society. For instance, Bernie Madoff ’s transgressions duped thousands ofindividuals and organizations out of billions of dollars. It was not just these individuals, however, who werevictims. Members of society who then felt distrust for financial institutions and their employees were alsoaffected by Madoff ’s behaviors. Members of society may also experience what one social scientist callsdemoralization costs (Coffee, 1980). In this context, demoralization means that individuals have less faithin societal values, and this reduction in faith may actually create a situation where individuals justify theirown future misdeeds based on the illicit behaviors of those white-collar and corporate organizations we3
4WHITE-COLLAR CRIME: A TEXT/READERhave been socialized to trust. As one author team wrote, “Because most white-collar offenses violate trust,they breed distrust” (Moore & Mills, 1990, p. 413).A third reason it is important to study white-collar offending is that by studying white-collar offendingwe can learn more about all types of crime. Just as medical researchers might learn more about all forms ofdiseases by studying one form of disease, the study of white-collar crime allows criminologists, students,members of the public, and policy makers greater insight into all variations of criminal behavior and typesof criminal offenders.Fourth, it is important to study white-collar crime so that effective prevention and intervention systemsand policies can be developed. It cannot be assumed that prevention and intervention policies and strategiesdeveloped for, and used for, traditional forms of crimeare appropriate for responding to offenses committedduring the course of one’s occupation. The underlyingdynamics of different forms of white-collar crime needto be understood so that response strategies and policies based on those dynamics can be developed.Fifth, and as will be discussed in more detail below,studying white-collar crime provides important information about potential careers related to white-collarcrime. This is not meant to suggest that you can learnhow to be a white-collar criminal by studying whitecollar crime; rather, a number of occupations exist thatare designed to help the criminal and civil justice systems respond to white-collar crimes. These occupations Photo 1.2 Many careers exist that target white-collartypicallyrequire college degrees and many are moreoffending. In this photo, EPA workers are responding to a specificlucrativethantraditional criminal justice occupations. Toform of white-collar crime, environmental white-collar crime.actually enter one of those careers, one would need a keenunderstanding of white-collar crime. Thus, we study white-collar crime in order to develop the criticalthinking skills and base of awareness needed to understand white-collar crime.Finally, studying white-collar crime allows additional insight into a particular culture and varioussubcultures. On the one hand, the study of white-collar crime provides an insider’s view into the Americanworkforce and the cultural underpinnings that are the foundation of values driving the activities of theworkforce. On the other hand, the study of white-collar crime provides all of us additional insight into specific occupational subcultures, with all of which we have some degree of familiarity—whether accurate orinaccurate. Many individuals assume that a trip to the auto mechanic has the potential to result in unnecessary repairs and outrageous bills. Few, however, assume that trips to the doctor or pharmacist might resultin similar outcomes. As will be shown later in this text, however, white-collar crime research shows thatmisconduct occurs in all occupations. By understanding misconduct in these occupations, we better understand the occupational subcultures where the misconduct occurs.yy Researching White-Collar CrimeSeveral different research strategies are used to study white-collar crime and white-collar criminals. For themost part, these research strategies are similar to those used to study other social problems. The way thatthese strategies apply to white-collar crime, however, is somewhat different from how they might be applied
Section I Introduction and Overview of White-Collar Crimeto research studies of other topics. Strategies that can be used to research white-collar crime include but arenot limited to: SurveysArchival researchField researchExperimentsCase studiesSurvey Research and White-Collar CrimeSurveys are perhaps among the more common research strategies used to study white-collar crime. Surveymethods include on-site administration surveys, face-to-face interviews, telephone interviews, and mailsurveys. Strengths and weaknesses exist for each of these strategies (see Table 1.1). The aim of surveys is togather information from a group of individuals and use that information to paint a picture of the topicunder consideration.Table 1.1 Strengths and Weaknesses of Different Survey MethodsSurvey MethodStrengthsWeaknessesOn-siteadministration Difficult to give surveys on site to both offendersand victims No database of white-collar offenders Educational differences make it hard to use thesame surveys for everyone Hard for some to recall incidents Gaining entrance and trust of victims hardFace-to-faceinterviews Can watch respondent’s reactions Probing is an option Rapport is easier to develop More time consuming More expensive Difficulty in finding participants and place toconduct interviews Trust and rapport is important Must gain access and permission of businessesTelephoneinterviews Most comprehensive studies havebeen conducted using telephoneinterviews Respondents seem more openanswering questions over the phone People without home phones are excluded fromthe study Some do not answer their phones due to increasein telemarketingMail surveys Less costly Able to survey a large number ofrespondents. May not fully understand the questions No opportunity to develop rapport Takes time to develop a comprehensive listof residents Certain subjects are excluded from mailing listSurveys occur in one settingLarge sample is possibleDoes not take long to gatherConvenient5
6WHITE-COLLAR CRIME: A TEXT/READERGroups who are surveyed in white-collar crime research studies include criminal justice officials, members of the public, victims of white-collar crime, and white-collar offenders. Each of these groups has thepotential to provide important information about various issues related to white-collar crime.Surveys of criminal justice officials in the white-collar crime literature tend to focus on the strategiesused to identify and respond to white-collar offenses, the kinds of offenses encountered by the officials, andthe barriers that must be overcome to successfully respond to the cases. One author interviewed probationofficers to determine how white-collar offenders were supervised by community corrections officials(Mason, 2007). Another author described a survey of 1,142 fraud examiners conducted by the Associationof Certified Fraud Examiners (Holtfreter, 2005). As will be demonstrated later in this text, this researchprovided important insight about the types of offenders, offenses, and organizations involved in occupational fraud cases.White-collar crime researchers have also surveyed members of the public to assess attitudes about, andexperiences with, white-collar crime. Such research is useful for at least five reasons. First, determining whatmembers of the public think about white-collar crime provides a baseline that helps to paint a picture abouta culture at a given moment of time. For example, if surveys of the public show that the public is tolerant ofwhite-collar offending, this would tell us something about the culture at that moment in time. Second,focusing on citizens’ attitudes about white-collar crime provides an indication of the likelihood that individuals might engage in white-collar criminal activity. Third, surveying members of the public potentiallyallows researchers access to a larger group of white-collar offenders than they might otherwise get, particularly in self-report studies. Fourth, and in a similar way, surveys of members of the public could provideresearchers access to a large group of white-collar crime victims. A survey of 400 residents of Tennessee, forexample, found that 227 (58%) reported being victimized by fraud in the prior 5 years (Mason & Benson,1996). Fifth, surveys of the public could provide policy makers with information they can use to developpolicies and laws designed to prevent white-collar crime.Researchers have also surveyed white-collar crime victims to increase our understanding about thevictimization experiences of this group. In this context, victims could be (1) individuals, (2) businesses andnongovernmental institutions, or (3) “government as a buyer, giver, and protector-gatekeeper” (Edelhertz,1983, p. 117). One of the issues that arises in such studies is the ability to identify a sample of white-collarcrime victims. An early study on appliance “repairman” fraud used a sample of 88 victims of one offender,“Frank Hanks” (not his real name) (Vaughan & Carlo, 1975). Victims were identified through press reports,prosecutors’ files, and public files. Incidentally, the researchers identified 133 victims who had complainedabout the repairman to various consumer agencies. Through this survey, the researchers were able to identify complaint patterns, provide insight into the victims’ interactions with Hanks, and delineate the experience of victimization. The authors also drew attention to the plight of victims trying to formally resolve thecases. They noted that “pursuing justice became more expensive than being a victim and they [often]dropped the matter” (p. 158).Another issue that arises when surveying white-collar crime victims is that victims may be reluctant to discuss their experiences. Survey respondents may not trust researchers who ask about fraudvictimization, perhaps partly because they are on guard about having been scammed in the first place(Mason & Benson, 1996). Despite these issues, the need to study white-collar crime victims continuesbecause they have been ignored historically in victimization studies and the victims movement (Moore& Mills, 1990).Surveys of white-collar offenders are equally difficult to conduct. Sutherland (1941) recognized this asa barrier in white-collar crime research shortly after introducing the concept. White-collar offenders simply
Section I Introduction and Overview of White-Collar Crimedo not want to participate in research studies. As noted above, general self-report surveys of members of thepublic might help to develop samples of white-collar offenders. Other times, researchers have surveyedmembers of a specific occupational group with the aim of identifying attitudes about white-collar offendingamong members of that occupational group. Criminologist Dean Dabney, for example, interviewed nurses(1995) and pharmacists (2001) to shed light on the types of crimes occurring in those fields. After he builtup rapport over time, participants in his study were willing to open up about crimes in their occupations,particularly those crimes committed by their coworkers.Other researchers have confronted barriers in their efforts to interview convicted white-collaroffenders. This group of offenders experiences a significant amount of stigma and that stigma may keepthem from wanting to talk about their experiences with researchers. One journalist tried contacting 30different convicted white-collar offenders who had been released from prison in an effort to try to getthem to contribute to a story she was writing. She described their resistance to talking with her the following way: “Understandably, most of them told me to get lost. They h
Plan for the Book. Section Highlights. N. ot long ago an employee of a Netherlands-based McDonald’s was fired after she gave a coworker an extra piece of cheese on a hamburger ordered by the coworker. The worker then filed a lawsuit argu - ing that the firing was unjust. The cour
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