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White Collar Theories, Laws and Processes

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White Collar Crime Theories, Laws, and Processes
Christie Perez
Professor Joyce Weddle
LEG 200
August 19, 2011

WHITE COLLAR CRIME THEORIES RELATED TO CRIMINOLOGY AND CRIME Theories have been used by humanity as a way of making sense or understand the concepts for all of the activities in a world we seem to be aware of, but that we do not seem to comprehend. In the evaluating case of our behavior we can review our minds, body and emotions as the simplistic force behind our actions; however at the same time the hidden complexity involved in those actions does not allow us to pinpoint the reasoning behind some of our behaviors in certain situations. In the case for individuals involved in white collar crimes, their behavior has been difficult to identify and understand. The mentality or concept of society in regards to a person violating the law usually is categorized differently. A person involved in a conventional crime typically is stereo-typed with a certain minority race, low society status and certain lifestyle usually associated with the crime. Also conventional crimes create a different type of fear in society in comparison to white collar crimes. It is the severity and direct impact of conventional crimes in a community which allow these crimes to be easily recognized and quickly punishable under the law. On the other hand, white collar crimes deals with opposite factors and has been associated with many theories in an attempt to establish awareness and a dependable system to prevent it. The individuals involved have made white collar crime difficult to detect due to their immense wealth, and elevated level of respect within society. A rational mind would naturally filter these combined factors and qualify an individual with these qualities as normal, non-threatening and trustworthy at the very least. However, this perception has begun to change in our society and has led to various theories for the reasoning as explained by Friedrichs (2010), “what makes these types of individuals or organizations commit white collar crimes “(p.220). In order to explain white collar crime it is important to first find what requires explanation. A theory used to find an explanation to white collar crime tries to understand the differences between criminals and non- criminals. Consequently, this theory has led to studies in biogenetic, psychological and sociogenic as possible causes of criminality. (Friedrichs, 2010, p. 221) Biogenetic as a theory has been used by some criminologists (Wilson and Herrnstein 1985) to explain how mental health could affect white collar crime offenders. This theory however has not provided enough facts to be acknowledged. The other theories such as psychological and sociogenic have identifies personality traits and social status as key factors differentiating white collar crimes and conventional crimes.
SOURCES OF LAWS RELATED TO WHITE COLLAR CRIME AND BASIC PROVISIONS OF MAJOR LAWS Due to the complexity of white collar crimes involving inappropriate auditing, misrepresentation of securities by corporations, and loop holes in the U.S. constitution four sources of laws were founded to deal specifically with white collar crimes not appropriately managed under statutory laws. Therefore, case law allows for decisions to be made easier and faster. In the case of white collar crimes it identifies illegal business practices typically unnoticed by statutory laws due to the ambiguity of its elements. Another important source of law is executive lawmaking as it designates federal judges and state level judges. It also creates tougher laws against white collar crimes offenders and it could also create parity in the treatment between conventional crimes and white collar crime at correctional facilities and parole process for white collar crime offenders. (Friedrich, 2010, p.260) Other sources directly involved with white collar crimes are administrative law and antitrust law. Administrative law addresses fairness, and delivery of an unbiased judge for a competent administrative adjudication at federal courts which are supposed to be sheltered from any government influence. (Strader, 2002, p. 6) The antitrust law primarily protects consumers and businesses from any unfair economical disadvantage enforced on them. (Friedrichs, 2010) Additionally to these laws other specialized laws in occupational safety, health and environmental protection have established the OSHA and EPA agencies to regulate specific policies established in those industries.
PRINCIPLE PROCESSES AND GOVERNMENT AGENCIES INVOLVED IN REGULATING WHITE COLLAR AND THE VARIOUS SELF REGULATION APPROACHES USED BY ORGANIZATIONS Fraud has affected businesses for many years and it has been the focal point for illegal financial activity in many corporations. For many years corporations were not regulated by any government agencies, therefore the shareholders and the public could only rely on the information provided by the financial reports provided by the companies. This type of scenario created many opportunities for unethical behavior and the reason for government intervention through the origination of laws, compliance requirements and federal agencies to enforce or promote transparency in the business world. (Biegelman & Bartow, 2006) Some of the established federal government agencies involved with regulating the corporate world are the Federal Bureau of Investigation (FBI), the Inspectors General, the U.S. Postal Inspection Service, the U.S. Secret Service, the U.S. Customs Service and the Internal Revenue Service Criminal Investigative Division. (Friedrichs, 2010) Each of these agencies investigates different aspects of white collar crime involving accounting inadequacy and fraud. Individuals working for these agencies are trained in different aspects of fraud dealing with finance, mail forensic, and in the case of the Inspectors General agency their inspectors investigates its own department for corruption. Other agencies such as the Food Drug Administration (FDA), the Federal Trade Commission (FTC), The Securities and Exchange Commission (SEC) and the Environmental Protection Agency (EPA) are all involved in regulating specific industries and carrying out the responsibilities to report any illegal findings to the federal courts. Many companies have established their own in-house policy units to self-regulate their firms or corporations. Private accounting firms and attorneys are usually hired by corporations to audit their financial statements. Using this approach corporations create financial transparency and reinforces the reputation of the company with the potential to attract investors. Also in the case any type of fraud is found it can provide the corporation an opportunity to avoid criminal charges. (Friedrichs, 2010)
NATURE OF FRAUD AND RECENT IMPACT ON BUSINESS ORGANIZATIONS WITH TRENDS IN FRAUD PREVENTION The nature of fraud has been mainly related to the greed from senior executives with total disregard for their shareholders, employees and their company’s best interest. The executives feeling of invincibility is a factor tied to their actions of fraud. In many instances the people responsible for committing fraud have been able to hide their illegal activities for years; therefore getting away with huge amounts of money and obscuring the reality of the situation. In recent years companies such as Enron and WorldCom, were involved in the misrepresentation of accurate financial statements and misuse of company respectively. Many other financial firms and corporations have been caught in the mist of their greed and a real issue concerning white collar crime has made the general public aware of the severity this crime has had on our economy.

REFERENCES
Strader, Kelly J. (2002). Understanding White Collar Crime. Lexis Nexis. http://owl.english.purdue.edu/owl/resource/560/10/
Friedrichs, David O. (2010) Trusted Criminals. Mason, Ohio: Cernage Learning.
Bartow, Joel T. & Biegelman, Martin T. (2006) Executive Roadmap to Fraud and Internal Control. Hoboken, NJ: John Wiley and Sons.

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