Test bank For Trusted Criminals White Collar Crime In Contemporary Society 4th Edition by David O. Friedrichs
Test bank For Trusted Criminals White Collar Crime In Contemporary Society 4th Edition by David O. Friedrichs
TRUSTED CRIMINALS: WHITE COLLAR CRIME IN CONTEMPORARY SOCIETY is a comprehensive guide that covers topics ranging from the problems involved in studying white collar crimes to the principal focus of the crimes to the character of the legal and criminal justice response to the crime.
Originally attainable in 2009 by Wadsworth Publishing, this volume of Trusted Criminals by David O.(David O. Friedrichs) Friedrichs provides 496 pages of high-level instruction, which is 32 pages added to its older edition: Trusted Criminals 3rd Edition from 2006. Encompassing in-depth criminology issues, the writer of Trusted Criminals: White Collar Crime In Contemporary Society 4th Edition (978-0495600824) is determined to create a definitive publication on the course of Social Science / Criminology and connected matters.
FOREWORD
xix
PREFACE
xxi
1 The Discovery of White Collar Crime
1
Edwin H. Sutherland and the Discovery of White Collar Crime
2
Box 1.1 E. H. Sutherland: The “Father” of White Collar Crime Studies
3
Box 1.2 The Meaning of White Collar Crime: Some Issues under Debate
5
Defining White Collar Crime
5
A Multistage Approach to Defining White Collar Crime
6
Social Harm and White Collar Crime
8
Trust and White Collar Crime
9
Respectability and White Collar Crime
10
Risk and White Collar Crime
11
Comparing White Collar and Conventional Crime Offenders
13
Age
13
Class
13
Box 1.3 Cross-Cultural and International Dimensions of White Collar Crime
14
Race
15
Gender
16
Other Demographic Variables and Differences
16
Criminal Careers
16
The Social Movement against White Collar Crime
17
Images of White Collar Crime: The Role of the Media
18
Box 1.4 The National White Collar Crime Center
19
Exposing White Collar Crime
20
Informers and Whistleblowers
20
Box 1.5 The Media as Entertainment: White Collar Crime in Films and on TV
21
Box 1.6 Whistleblower or White Collar Criminal?
23
Muckrakers and Investigative Reporters
25
The Consumer Movement, Public Interest Groups, and Labor Unions
28
Box 1.7 The Internet, Blogs, and White Collar Crime
29
Box 1.8 Ralph Nader and the Consumer Movement
30
The Role of Politicians and Political Institutions
30
Criminal Justice Professionals and Academics (Including Criminologists)
32
Discovering White Collar Crime, in Sum
32
Key Terms
32
Discussion Questions
33
2 Studying White Collar Crime and Assessing Its Costs
34
Underlying Assumptions and Different Perspectives
35
Specific Challenges in the Study of White Collar Crime
35
The Complex Nature of White Collar Crime
36
Gaining Access for Research
36
Obtaining Statistics
36
Obtaining Research Support
37
Research Methods for Studying White Collar Crime
37
Box 2.1 A Case Study: The Revco Medicaid Fraud Case
38
Scholarly Research and White Collar Crime
38
Case Studies
38
Experiments
39
Surveys
40
Box 2.2 Designing a White Collar Crime Survey: Some Challenges
41
Observational Research
41
Secondary Data Analysis and Event History Analysis
41
Archival Data Analysis and Historical Ethnography
42
Content Analysis
43
Comparative Studies of White Collar Crime
43
Students’ Role as Researchers
43
Box 2.3 Public Perception of White Collar Crime: How Serious Is It?
44
Measuring White Collar Crime: How Prevalent Is It?
44
Box 2.4 Conventional Crime and White Collar Crime Rates
46
Victimization Surveys and Self-Report Studies
47
Box 2.5 Measuring Specific Forms of White Collar Crime
48
The Need for Reliable Data
48
The Costs and Consequences of White Collar Crime
49
Direct Costs
49
Indirect Costs
51
Physical Costs
52
Other Costs
52
Victims of White Collar Crime
53
Box 2.6 Women as a Special Class of Victims of White Collar Crime
54
The Role of the Victim
55
Box 2.7 Organizations as Victims of White Collar Crime
56
Specific Forms of Suffering of White Collar Crime Victims
56
Box 2.8 Psychological Consequences of Fraud Victimization
58
Studying White Collar Crime and Assessing Its Costs, in Sum
58
Key Terms
59
Discussion Questions
59
3 Corporate Crime
60
The Historical Development of the Corporation and Corporate Crime
60
The Corporation in Modern Society
61
Box 3.1 “It’s Legal but It Ain’t Right”
63
A Typology of Corporate Crime
64
Corporate Violence
65
Corporate Violence against the Public: Unsafe Environmental Practices
65
Box 3.2 The Exxon Valdez and Prince William Sound
67
Corporate Violence against Consumers: Unsafe Products
68
Box 3.3 Corporate Destruction of a Community
69
Box 3.4 The Ford Pinto Case
72
Corporate Violence against Workers: Unsafe Working Conditions
73
Box 3.5 The Production and Sale of Tobacco: Corporate Crime?
74
Box 3.6 Asbestos and the Manville Corporation
75
Box 3.7 The Film Recovery Systems Case
76
Corporate Abuse of Power, Fraud, and Economic Exploitation
77
Crimes against Citizens and Taxpayers: Defrauding the Government and Corporate Tax Evasion
77
Box 3.8 Halliburton, Vice President Cheney, and Iraq War Contracts
78
Crimes against Consumers: Price Fixing, Price Gouging, False Advertising, and Misrepresentation of Products
81
Crimes against Employees: Economic Exploitation, Corporate Theft, Unfair Labor Practices, and Surveillance of Employees
83
Box 3.9 The Enron Case and the Devastation of Employee Retirement Accounts
85
Crimes against Franchisees and Suppliers: Discount and Chargeback Frauds
85
Crimes against Competitors: Monopolistic Practices and Theft of Trade Secrets
86
Crimes against Owners and Creditors: Managerial Accounting Fraud, Self-Dealing, and Strategic Bankruptcy
87
Box 3.10 The Case against Microsoft
88
Box 3.11 Adelphia, HealthSouth, WorldCom, and Accounting Fraud
90
Are Universities and Colleges Corporate Criminals?
91
Box 3.12 Student Loan Industry and Fraudulent Conduct
93
Corporate Crime, in Sum
94
Key Terms
94
Discussion Questions
94
4 Occupational Crime and Avocational Crime
96
Crimes by Small Businesses: Retail Crime and Service Fraud
97
Retail Crime
98
Box 4.1 Occupational Crime as Violence: Drug Dilution, Fake Asbestos Removal and Crane Collapses
99
Defrauding Vulnerable People
99
Service Business Fraud
100
Crimes by Professionals: Medical, Legal, Academic, and Religious Crime
101
Medical Crime
102
Legal Crime
105
Box 4.2 Lawyers and the Abuse of Political Power
107
Academic Crime: Professors, Scientists, and Students
107
Box 4.3 Plagiarist or Hate Crime Victim?
108
Box 4.4 Student Loan Officials and Conflicts of Interest
109
Religious Crime
113
Employee Crime
114
Box 4.5 Exorbitant Executive Compensation: Just Reward or Grand Theft?
115
Forms of Employee Theft
116
Box 4.6 Embezzling from Charities and Non-Profit Institutions
117
Employers’ Responses to Employee Theft
117
Box 4.7 Union Leaders Who Steal from Their Union Members
118
Alternative Forms of Employee Crime
118
Some Factors in Employee Theft
119
Box 4.8 Donkeys, Wolfpacks, Vultures, and Hawks: A Typology of Employee Theft
120
Conditions in the Workplace and Employee Crime
120
Avocational Crime and White Collar Crime
121
Income Tax Evasion
121
Box 4.9 Actor Wesley Snipes and a Tax Evasion Case
123
Other Forms of Avocational Crime
124
Occupational and Avocational Crime, in Sum
124
Key Terms
125
Discussion Questions
125
5 Governmental Crime: State Crime and Political White Collar Crime
127
Governmental Crime: Some Basic Terms
129
Governmental Criminality on an Epic Scale
130
The Vietnam War
131
Box 5.1 The Threat of Nuclear War as Crime—and Other Weapons of Mass Destruction
132
U.S. Military Activity in the “New World Order”
132
Forms of State Criminality
133
The Criminal State
133
Box 5.2 The Perception of the United States as a Criminal State, and President George W. Bush as a State Criminal
134
The Repressive State
136
Box 5.3 Suharto and the Looting of Indonesia
138
The Corrupt State
138
State Negligence
139
State-Organized Crime
141
The White House and State-Organized Crime
142
Box 5.4 The Watergate Affair
143
State-Organized Crime and Federal Investigative Agencies
144
Police Crime
146
Political White Collar Crime
147
Political System Corruption
147
Corruption in the Electoral Financing Process
147
Political White Collar Crime in the Executive Branch
148
Box 5.5 The Corrupt Firing of U.S. Prosecutors
151
Political White Collar Crime in the Legislative Branch
153
Political White Collar Crime in the Judicial Brandi
154
Governmental Crime, in Sum
155
Box 5.6 Police Corruption as a Form of “Political” White Collar Crime
156
Key Terms
157
Discussion Questions
158
6 State-Corporate Crime, Crimes of Globalization, and Finance Crime
159
State-Corporate Crime
159
Box 6.1 State-Corporate Crime, Nazi Germany, and the Holocaust
160
Crimes of Globalization
162
Box 6.2 Private Mercenaries and Military Contractors in Iraq; Operation Iraqi Freedom as Theft on a Grand Scale
163
Box 6.3 Economic Hit Men and Crimes of Globalization
164
Box 6.4 Sweatshops in Developing Countries: Criminal Enterprises or Economic Opportunities?
165
The Role of the World Bank in a Global Economy
165
The World Bank and Crimes of Globalization
166
Box 6.5 The Dam at Pak Moon: A Case of Global Crime by Jessica Friedrichs
167
Finance Crime
168
Banking/Thrifts Crime: The Savings and Loan Mess
169
Box 6.6 Frauds and the Collapse of the Subprime Mortgage Loan Market
172
Box 6.7 Investment Banks: Wealth Producers or Large-Scale Fraudsters?
174
Box 6.8 The Charles Keating Case
177
Box 6.9 The BCCI Case
178
Insider Trading
178
Finance Crime and Financial Markets
183
Box 6.10 Short Sellers Who Spread False Rumors: Worse than Inside Traders?
184
Box 6.11 Fraudulent Conduct in the Mutual Funds and Hedge Funds Industries
185
Box 6.12 The Title Insurance Industry and a Rigged Market
189
Hybrid White Collar Crime, in Sum
189
Key Terms
190
Discussion Questions
190
7 Enterprise Crime, Contrepreneurial Crime, and Technocrime
192
Enterprise crime: Organized crime and White Collar Crime
192
The Relation betivcen Covern mental Crime and Syndicated Crime
194
Historical Roots of Organized Crime
195
Box 7.1 Joe Valachi of La Cosa Nostra and Carl Kotchian of Lockheed
196
The Relation between Syndicated Crime and White Collar Crime
196
Box 7.2 Arson as a Form of Enterprise Crime
198
Hazardous Waste Disposal
198
The Relation between Syndicated Crime and Finance Crime
198
Box 7.3 From Street Thug to Equity Markets Fraudster
199
Contrepreneurial Crime: Professional Criminals and White Collar Crime
200
Historical Origins of Professional Crime
200
The Relation between Professional Crime and White Collar Crime
200
Box 7.4 Joseph “Yellow Kid” Weil and the Big Con
201
Box 7.5 The Fence
202
Fraudulent Businesses: Swindles, Scams, and Rackets
202
Fraud
202
Box 7.6 Fraud in the World of Art and Antiquities
203
Box 7.7 Advance Fee Frauds
205
Box 7.8 Charity as Fraud
206
Box 7.9 Jordan Belfort and the Stratton Oakmont Penny Stock Fraud
207
Box 7.10 When Fraud Leads to Violence
211
Technocrime, Including Computer Crime
211
Technocrime Defined
212
Computer Crime
212
Box 7.11 Identity Theft as White Collar Crime
214
The Law and Computer Crime
215
The Pursuit of Computer Crime Cases
216
Other Types of Technocrime
216
Enterprise Crime, Contrepreneurial Crime, and Technocrime, in Sum
217
Key Terms
218
Discussion Questions
218
8 Explaining White Collar Crime Theories and Accounts
219
Underlying Assumptions and Points of Departure
220
What Do We Want to Explain?
220
Explaining White Collar Criminality
221
The Biogenetic Explanation
221
Box 8.1 The Demonic Explanation
222
Psychological Explanations
222
Box 8.2 Mental Illness, Drug Addiction, and Intellectual Aptitude: Factors in White Collar Crime?
225
Sociogen ic Explanations
225
Box 8.3 White Collar Delinquency
226
Organizational Criminality and the Crimes of Organizations
226
Organizational Responsibility
226
The Various Dimensions of Organizational Criminality
228
Box 8.4 Is Money the Cause of White Collar Crime?
231
Explaining White Collar Crime: Theories and Perspectives
231
General Theories of Crime and White Collar Crime Theory
231
Box 8.5 Low Self-Control and White Collar Crime
232
Classical Criminology and Rational Choice
233
Alternative Dimensions of Crime and Choice
234
Social Control and Bonds
234
Control Balance and Control Fraud Theories
234
Box 8.6 The Generative Worlds, the Lure, and the Sensual Attractions of White Collar Crime
235
Social Process and Learning
235
Interactionism and Labeling
236
Box 8.7 The “Presentation of Self ” and White Collar Crime
237
Neutralizations, Rationalizations, and Accounts
237
Structural Strain and the Structure of Opportunity
238
Conflict Theory and Criminogenic Societies
239
The Structure of Contemporary Capitalist Society and White Collar Crime
240
Box 8.8 Economic Wilding, Capitalism, and White Collar Crime
241
Radical and Critical Perspectives on White Collar Crime
241
Box 8.9 White Collar Crime in a Postmodern World
242
Explaining Criminalization and White Collar Crime
243
Integrated Theories of White Collar Crime
244
Box 8.10 An Integrated Theoretical Approach to State-Corporate Crime, and Crimes of States
245
An Integrated, Multilevel Approach to Understanding the Subprime Mortgage Loan Frauds
245
The Subprime Mortgage Market Frauds: Applying an Integrated Theoretical Approach
245
Explaining White Collar Crime, in Sum
247
Key Terms
248
Discussion Questions
248
9 Law and the Social Control of White Collar Crime
250
Social Control and White Collar Crime
250
Formal Law and White Collar Crime
251
The Historical Origins of White Collar Crime Laws
252
Box 9.1 The Carrier’s Case and the Law of Employee Theft
253
Contemporary Legislative Lawmaking and White Collar Crime
254
The Influence of Business on the Lawmaking Process
254
Box 9.2 The Dialectical Perspective on Lawmaking
255
Box 9.3 Bailout Legislation as Save-the-Economy Measures or Save—Wall Street Crooks Measures
256
Box 9.4 The Sarbanes-Oxley Act, and the Backlash Against It
258
Alternative Sources and Forms of Law and Lawmaking
258
The Constitution and Constitutional Law
258
Case Law
259
Executive Lawmaking
260
Administrative Law
261
A Selective Review of Substantive White Collar Crime Lawmaking
262
Antitrust Law
262
Occupational Safety and Health Laws
264
Box 9.5 The Foreign Corrupt Practices Act: Effective Law to Combat Global White Collar Crime—or Economically Harmful and Ineffective Law?
265
Environmental Protection Laws
265
The RICO Law
267
Box 9.6 White Collar Crime Law and the Legal Curriculum
268
Civil and Criminal Law and White Collar Crime
268
Law, Corporations, and the Concept of Criminal Liability
269
Box 9.7 Law Professor Stuart Green and the Moral Theory of White Collar Crime
270
Corporate Criminal Liability
270
Box 9.8 A Comparative Perspective on Corporate Criminal Responsibility
271
Corporate Personhood and Corporate Decision Making
273
Box 9.9 Proposed Colorado Ballot Measure on Corporate Fraud
274
Law and the Social Control of White Collar Crime, in Sum
275
Key Terms
275
Discussion Questions
275
10 Policing and Regulating White Collar Crime
277
Criminal Justice System Policing: Law Enforcement
277
State and Federal Enforcement Agencies
278
The FBI
279
The Inspectors General
280
The U.S. Postal Inspection Service
281
The U.S. Secret Service, U.S. Customs Service, and U.S. Marshals Service
281
The Internal Revenue Service’s Criminal Investigative Division
282
The Regulatory System Response
283
The Origins and Evolution of Regulation
284
The Creation and Operation of Federal Regulatory Agencies
285
Box 10.1 The Contemporary Debate on Regulation
286
The Regulatory Agency’s Philosophy: Compliance versus Deterrence
287
Criticisms of Regulatory Agencies
289
Other Factors in Regulatory Response
290
Prominent Regulatory Agencies and Their Functions
290
Box 10.2 The Role of Regulation in Relation to the Global Economic Crisis
291
Box 10.3 Agency Capture
292
Box 10.4 The SEC in Recent Years, and the Financial Crisis of 2008
294
Box 10.5 Protecting the Environment: Alternatives to Relying Upon the EPA
296
Private Policing
297
Box 10.6 Forensic Accountants as Fraud Detectives
299
The Role of Lawyers and Accountants in Policing White Collar Crime
299
Lawyers and Professional Ethics
300
Accountants and Auditing Responsibilities
302
Self-Regulation: Internal Controls and Professional Associations
303
Box 10.7 Credit Rating Agencies as a Failed Policing Entity
304
Box 10.8 The Role of Corporate Boards in Self-Regulation
305
Self-Regulation in Financial Firms
305
Self-Regulation and the Professions
306
Policing and Regulating White Collar Crime, in Sum
307
Key Terms
308
Discussion Questions
308
11 Prosecuting, Defending, and Adjudicating White Collar Crime
309
Prosecution at the Local, State, and Federal Levels
310
Local Prosecutors
310
Box 11.1 The Pinto Case: Prosecuting the Ford Motor Company
312
State Attorney Generals
312
Box 11.2 New York Attorney Generals and Wall Street Crime
313
Federal Prosecutors
313
Box 11.3 Deferred Prosecution Agreements and Lawyer—Client Privilege Waivers
315
The Prosecution of Antitrust Cases
316
The Prosecution of Environmental Crime
316
Box 11.4 Prosecutorial Initiatives in Response to the Financial Crisis of 2008
317
Special Prosecutors (Independent Counsel)
318
The Role of the Grand Jury in White Collar Crime Cases
319
Defending White Collar Criminals
319
Box 11.5 “Perp Walks” for White Collar Crime Defendants
320
Box 11.6 To Testify or Not to Testify
322
Adjudicating White Collar Crime: Plea Bargaining and Trial
324
Box 11.7 The Enron Trial of Kenneth Lay and Jeffrey Skilling
325
The Role of the Trial Jury
326
Box 11.8 Punitive Damages, the U.S. Supreme Court, and the Role of Juries
327
Box 11.9 Reversal of Arthur Andersen Conviction Due to Jury Charge by Judge
328
Judges and the Sentencing of White Collar Criminals
328
Sentencing
329
Explaining Disparities in Sentences for White Collar Offenders
330
Sentencing Organizational Offenders
332
Sentencing Guidelines and White Collar Offenders
333
White Collar Criminals in the Correctional System
335
Box 11.10 House Arrest as Punishment
337
Civil Suits
337
Box 11.11 Plaintiffs’ Lawyers as Heroes—and as Villains
339
Box 11.12 The Role of Mediators and Arbitrators in the Settlement of Complaints
340
Citizen Suits and Class Action Suits
341
Collateral Civil Suits
342
Prosecuting and Adjudicating White Collar Crime, in Sum
343
Key Terms
343
Discussion Questions
343
12 Responding to the Challenge of White Collar Crime
345
Raising Consciousness about White Collar Crime
346
Policy Options for Responding to White Collar Crime
346
Responding to White Collar Crime as a Moral Issue
347
Box 12.1 Do Moral Appeals Work?
348
Business Ethics Courses in the Curriculum
348
Business Ethics within the Business World
349
Securing Compliance and Sanctioning White Collar Crime
350
Box 12.2 Corporate Human Rights Obligations and Corporate Social Responsibility: Promotion of Ethical Corporations—or Simply Good Public Relations?
351
Law and the Coercive Response to White Collar Crime
352
Box 12.3 Shaming as a Response to White Collar Crime
353
Civil Suits and Penalties
353
Compliance versus Punitive Approaches to Corporate Crime
354
Deterrence and White Collar Crime
355
Box 12.4 Retribution and “Just Deserts” for Corporate Crime
356
Box 12.5 “Scared Straight” for Potential White Collar Criminals?
358
Rehabilitation, Probation, and Enforced Self-Regulation
358
Probation
359
Enforced Self-Regulation
359
Fines, Restitution, and Community Service
360
Sentencing Guidelines for Fines
361
Restitution
362
Community Service
362
Occupational Disqualification
362
Box 12.6 Contractual Disqualification for Corporations
363
Incarceration
363
Organizational Reform and Corporate Dissolution
364
Box 12.7 Citizen Works Proposals for Cracking Down on Corporate Crime
365
Box 12.8 Scandinavian Countries’ Initiatives Against Mate Collar Crime
366
Responding to Residual Forms of White Collar Crime
367
Controlling Governmental Crime
367
Box 12.9 Responding to White Collar Crime Internationally
368
Structural Transformation as a Response to White Collar Crime
368
Responding to the Challenge of White Collar Crime, in Sum
369
A Concluding Note: Trusted Criminals and White Collar Crime in the 21st Century
370
Key Terms
371
Discussion Questions
371
REFERENCES
372
NAME INDEX
430
SUBJECT INDEX
446
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Test bank For Trusted Criminals White Collar Crime In Contemporary Society 4th Edition by David O. Friedrichs
