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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.

Table of Contents

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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