Running Head: EXPLAINING WHITE COLLAR CRIME

White Collar Crime Explanation
Kaplan University
Deborah Llamas

CJ501P-01N
Professor Tom DiPaola
August 14, 2013 Bernard Madoff, appeared to be a cordial man with an alluring personality, however, despite his friendly demeanor Madoff had another side to him that was not as friendly and compassionate, he was considered to be withdrawn, cold, and unfriendly (Cresswell, & Thomas, 2009). Accordance to the video Maddoff was very rarely seen intermingling with the victims of whom he swindled millions of dollars, by means of hiring, Michael Bienes, and Frank Avellino, whom were responsible for bringing in clients with the promise of returns of potentially, 15% to 20% (Bienes, 2009).

I. Maddoff’s Behavior Explained. Accordance to the video it is obvious that Bernie Maddoff considered a psychopath defined in the following manner; psychopaths do not learn from experience, have no inclination of responsibility, do not obtain the means of controlling their dispositions, emotionally immature, and unable to develop meaningful relationships. Similarly, Madoff clearly obtained anti-social personality social disorder, he had the ability to manipulate people without having any feelings of guilt or remorse for his actions, he never considered the fact that the people he cheated out of their hard earned money. He never considered that his victims had their rights, appeared to be amiable yet was aggressive and authoritarian, he was a pathological liar, and felt that it was his right to defraud innocent friends and family to benefit his own selfish life style. On the other hand, he was deemed to callous and obtained no empathy for his criminal demeanor; Maddoff obtained the ability to gain the trust of his victims, believing he had their overall interest at heart (Schwartz, 2009). It is evident that Maddoff did indeed obtain most of the characteristics of anti-social personality disorder. II. White Collar crime laws White-collar crimes first addressed by Edwin Sutherland, which established that crimes committed typically by individuals of all social classes (Lilly, Cullen, & Ball, 2011). Accordance to (Geis, 2011), white-collar crimes are committed by methods involving pen, and or computer, in comparison to street crimes which involve, a gun or a knife. Consequently, unlike street crimes, white-collar crimes do not involve violence. Consequently, a vast variety of views on how white-collar crimes handled, however, one perspective is anticipating both a judge and jury’s verdict. In addition, significant amount of controversies remain relative to the fact that many white-collar crimes were not recognized as corporate criminal intent until New York Central and Hudson River Railroad Co. vs. the U.S. 1909 (Ivancevich, Duening, Gilbert, & Konopaske, 2003). Furthermore, corporate criminal white-collar crimes, incorporate two specific factors, imputation and identification theories. Imputation theory implies that the corporation is, by attribution, responsible for the intent and actions of their employees, apart from any acts proposed to benefit the employee only, at all levels in their organization's hierarchy. On the other hand, identification theory implies that the organization’s liability is direct when the individuals recognized with the corporation are performing on its behalf (Ivancevich, Duening, Gilbert, & Konopaske). Accordance to (Bennett, LoCicero, & Hanner, 2013), the United States (U.S.) Supreme court upheld that a firm may be held criminally responsible for their employee's illegal compensation of rebates to another company. In accordance to the civil law perception of vicarious liability, which implied accountability for the acts of its agents responsible for committing within the range of their power, therefore, the courts articulated that corporations face criminal legal responsibility for actions of the employees responsible for committing criminal acts within the span of their employment. Similarly, corporations held liable for their employees' crimes, also, companies no longer remain impervious Also, to criminal prosecutions, announcing that the courts will no longer allow the vast majority of business transactions in today’s times conducted through corporations. Also, politicians developed a significant amount of authoritarian agencies for monitoring corporate performances closely (Bennett, LoCicero, & Hanner). III. 21st Century Cultural Norms Accordance to (Pleyte, 2003), areas of cultural norms changes occurring related to white collar crimes, involve the precise increase the corporate crimes resulting from computer crime, international control on the economy leading for higher rates of white collar crimes, the levels of positions within the corporations structure. Consequently, the implication of white-collar crimes, such as the World com, and Enron scandal has had a definite impact on millions of victims; these victims dramatically affected because of their retirement funds eliminated as a direct result of these scandals. Furthermore, white collar crime, in regards to the numerous amounts of people resulting in absolute devastation on the victims of these scandals (Pleyte).

REFERENCE PAGE
Bennett, R. S., LoCicero, H., & Hanner, B. M. (2013). From Regulation to Prosecution to Cooperation: Trends in Corporate White Collar Crime Enforcement and the Evolving Role of the White Collar Criminal Defense Attorney. Business Lawyer, 68(2), 411-438. Retrieved August 14, 2013, from: Kaplan Library.
Bienes, M, (2009), Interview with Michael Bienes,Frontline, Retrieved August 14, 2013, from: http://www.pbs.org/wgbh/pages/frontline/madoff/interviews/bienes.html
Cresswell, J, & Thomas, L, (2009), The talented Mr. Maddoff, The New York Times, Retrieved August 14, 2013, From: http://www.nytimes.com/2009/01/25/business/25bernie.html?pagewanted=all&_r=0
Geis, G. (2011). White-collar and Corporate Crime : A Documentary and Reference Guide. Santa Barbara, Calif: Greenwood. Retrieved August 14, 2013, from: Kaplan Library.
Ivancevich, J. M., Duening, T. N., Gilbert, J. A., & Konopaske, R. (2003). Deterring white-collar crime. Academy Of Management Executive, 17(2), 114-127. doi:10.5465/AME.2003.10025206, Retrieved August 14, 2013, from: Kaplan Library.
Lilly, J. R., Cullen, F. T., & Ball, R. A. (2011). Criminological theory: Context and consequences (5th ed.). Thousand Oaks, CA: Sage Publications. Retrieved August 14, 2013.
Pleyte, M. (2003). White collar crime in the twenty-first century an interview with professor john poulos of university of california, davis, school of law.Business Law Journal, Retrieved August 14, 2013, from: http://blj.ucdavis.edu/archives/vol-4-no-1/White-Collar-Crime-in-The-Twenty-First-Century.html
Schwartz, A, (2009), Anti Social Personality Disorder and Bernard Madoff, Mental Health.net, Retrieved August 14, 2013, from: http://www.mentalhelp.net/poc/view_doc.php?type=doc&id=29087