NCJ Number
45789
Journal
Security Management Volume: 22 Issue: 3 Dated: (MARCH 1978) Pages: 38-40,42
Date Published
1978
Length
4 pages
Annotation
THREE BASIC PROBLEMS IN THE INVESTIGATION OF WHITE COLLAR CRIME ARE IDENTIFIED: WHAT CONSTITUTES SUCH A CRIME, LEVEL OF SKILL OF INVESTIGATIVE PERSONNEL, AND PROSECUTION AND PUNISHMENT.
Abstract
WHITE COLLAR CRIME IS DESCRIBED AS ECONOMIC CRIME WITH FIVE BASIC ELEMENTS. THESE ARE: INTENT TO COMMIT A WRONGFUL ACT OR TO ACHIEVE AN OBJECTIVE IN VIOLATION OF THE LAW, MISREPRESENTATION OR ATTEMPT TO DISGUISE INTENT, RELIANCE BY THE PERPETRATOR ON THE VICTIM'S CARELESSNESS OR IGNORANCE, VOLUNTARY ACTION BY THE VICTIM TO ASSIST THE PERPETRATOR, AND CONCEALMENT OF THE VIOLATION. THESE ELEMENTS CONTRIBUTE TO MAKING THE PREPARATION OF A CASE ON ECONOMIC CRIME DIFFICULT FOR IT IS OFTEN NECESSARY TO PROVE THAT A CRIME HAS IN FACT BEEN COMMITTED AND THAT A REMEDY EXISTS UNDER LAW. THE SIX BASIC TECHNIQUES AVAILABLE FOR INVESTIGATING WHITE COLLAR CRIME ARE DEVELOPMENT OF PERFORMANCE, USE OF UNDERCOVER AGENTS, LABORATORY ANALYSIS OF PHYSICAL EVIDENCE, ELECTRONIC SURVEILLANCE, INTERROGATION, AND INTERVIEW. IN ADDITION, FINANCIAL INVESTIGATION IS OFTEN REQUIRED, AND FEW TRADITIONALLY TRAINED INVESTIGATORS HAVE THIS KIND OF TRAINING. THE DEPARTMENT OF AGRICULTURE, THE FEDERAL BUREAU OF INVESTIGATION, AND THE INTERNAL REVENUE SERVICE ARE MAKING EFFORTS TO HIRE QUALIFIED PERSONNEL WITH A BACKGROUND IN ACCOUNTING AS THIS IS OFTEN THE ONLY WAY TO ATTACK WHITE COLLAR CRIME. ANOTHER MAJOR PROBLEM IN INVESTIGATION IS THE LACK OF COOPERATION FROM BUSINESS; IT IS DIFFICULT TO GET ADMISSIONS THAT A CRIME WAS EVEN COMMITTED MUCH LESS TO GET INVESTIGATIVE COOPERATION. IN ADDITION, THE CALIBER OF THE WHITE COLLAR CRIMINAL IS USUALLY MUCH HIGHER THAN THAT OF THE COMMON STREET CRIMINAL. WHILE THE INSTITUTION OF CIVIL LITIGATION PROCEDURES AND ADMINISTRATIVE SANCTIONS HAVE MADE INVESTIGATION OF THIS TYPE OF CRIME MORE EFFECTIVE, PENALTIES ARE OFTEN INSUFFICIENT TO ACT AS DETERRENTS. AMONG EFFORTS NOW BEING UNDERTAKEN TO COMBAT ECONOMIC CRIMES ARE 'PROJECT MATCH' WHICH UTILIZES A COMPUTER TO IDENTIFY THOSE INELIGIBLE FOR HEALTH, EDUCATION, AND WELFARE BENEFITS, A DEPARTMENT OF AGRICULTURE PROGRAM WHICH RELIES ON INTERAGENCY COOPERATION IN DETECTING AGRICULTURE-RELATED CRIMES, AND SUBSTANTIAL TRAINING OF LOCAL INVESTIGATORS IN DETECTION AND PROSECUTION OF WHITE COLLAR CRIME. THE HOBB'S ACT HAS PROVEN VALUABLE IN INITIATING INVESTIGATIONS OF SUCH THINGS AS LICENSING AUTHORITY EXTORTION WHERE THE VICTIM IS FACED WITH AN IMPLIED THREAT OF ECONOMIC LOSS. (JAP)