NCJ Number
50060
Date Published
1978
Length
77 pages
Annotation
THIS REPORT WAS PREPARED FOR THE HOUSE COMMITTEE ON THE JUDICIARY'S SUBCOMMITTEE ON CRIME TO DEFINE THE NATURE AND SCOPE OF WHITE COLLAR CRIME AND THE FEDERAL EFFORTS TO CONTROL SUCH CRIME.
Abstract
SINCE WHITE COLLAR CRIME IS A SOCIAL RATHER THAN LEGAL CONCEPT, IT HAS NO LEGAL DEFINITION, AS PART OF THE TRADITIONAL CRIMINAL CODE. PROPOSED DEFINITIONS OF WHITE COLLAR CRIME FALL INTO THREE GROUPS: (1) CHARACTERISTICS OF THE OFFENDER; (2) CHARACTERISTICS OF THE CRIME ITSELF; OR (3) MEANS EMPLOYED TO COMMIT THE ILLEGAL ACT. DESPITE THEIR DIFFERENCES, ALL DEFINITIONS SUGGEST THAT A WHITE COLLAR CRIME IS AN ILLEGAL ACT COMMITTED IN THE CONTEXT OF A LAWFUL OCCUPATION; INVOLVES A BREACH OF TRUST AND DOES NOT RELY ON PHYSICAL FORCE; AND HAS THE ACQUISITION OF MONEY, PROPERTY, OR POWER AS THE PRIMARY GOAL. STUDIES HAVE DESCRIBED THE SERIOUSNESS OF THE WHITE COLLAR CRIME PROBLEM IN TERMS OF BOTH ECONOMIC AND SOCIAL COSTS. THE ESTIMATED ANNUAL MONETARY COST OF WHITE COLLAR CRIME TO SOCIETY EXCEEDS $40 BILLION. SOME ARGUE THAT WHITE COLLAR CRIME CAUSES EVEN MORE SEVERE DAMAGE BY DESTROYING THE PUBLIC'S FAITH IN LEGAL, SOCIAL, AND POLITICAL INSTITUTIONS. PUBLIC INTEREST HAS BEEN REFLECTED IN CONGRESSIONAL AND EXECUTIVE ACTIONS TAKEN TO CONTROL WHITE COLLAR CRIME BY IMPROVING AVAILABLE LAW ENFORCEMENT TOOLS AND INCREASING POTENTIAL SENTENCES FOR CONVICTED WHITE COLLAR CRIME DEFENDANTS. THE FEDERAL GOVERNMENT'S ROLE IN REDUCING SUCH CRIMES AS MURDER, RAPE, AND BURGLARY IS LIMITED BECAUSE THESE CRIMES ARE MOST COMMONLY VIOLATIONS OF STATE LAWS AND THUS ARE THE RESPONSIBILITY OF STATE AND LOCAL GOVERNMENT. WHITE COLLAR CRIMES, IN CONTRAST, OFTEN INVOLVE VIOLATIONS OF FEDERAL LAWS OR REGULATIONS OR INVOLVE CRIME SCHEMES THAT CUT ACROSS JURISDICTIONAL BOUNDARIES. PARTICULAR CONTROVERSY SURROUNDS WHAT TYPE OF SENTENCE IS APPROPRIATE FOR A WHITE COLLAR CRIMINAL. SOME ARGUE THAT PROSECUTION AND CONVICTION ARE PUNISHMENT ENOUGH IN THEMSELVES, WHILE OTHERS MAINTAIN THAT OFFENDERS SHOULD BE SENTENCED TO IMPRISONMENT BECAUSE OF THE SERIOUSNESS OF THEIR CRIME OR FOR THE PURPOSE OF DETERRING OTHERS. NUMEROUS RESEARCH GROUPS HAVE SUGGESTED REFORM MEASURES COVERING ALL ASPECTS OF WHITE COLLAR CRIME; FOR EXAMPLE, INCREASED COORDINATION BETWEEN JURISDICTIONS AND AMONG ENFORCEMENT AGENCIES TO IMPROVE INVESTIGATORY EFFORTS, INCREASED STAFF AND FUNDING RESOURCES, AND MORE ADEQUATE SENTENCING PROCEDURES FOR WHITE COLLAR CRIME OFFENDERS. DATA ON CASES UNDER THE JURISDICTION OF THE FEDERAL GOVERNMENT ARE TABULATED. THEORETICAL PERSPECTIVES ON CAUSES OF WHITE COLLAR CRIME ARE PRESENTED IN AN APPENDIX.