WHITE COLLAR CRIME - Essay Example

Assignment This paper would demonstrate the various definitions and forms of white collar crimes, the laws that regulate them and their impact on society as a whole. It should be pointed out that White Collar Crime could be defined as a crime committed by a noble person in a society or a member of elite group who enjoys exalted position among people from various social classes. In addition, it could also be defined as a crime committed by a business executive or an employee at higher managerial level for any personal reasons.

For instance, it is also a crime that involves deception, misleading, fraud, larceny, treachery etc. within a corporate setting. Next, the crime is free of violence and aggression usually committed for personal benefits such as one’s economic and financial welfare and prosperity. In other words, a white collar crime could be a ‘combination’ of above mentioned factors in various instances. (Hasnas, p. 585, 2005)It should be highlighted that this crime differs from ‘state criminal law’ in a way that it does not involve physical violence or aggression that may directly damage someone else.

Also, it does not about “murders, rape cases, prostitution, abduction, illicit drugs and narcotics” etc. neither it is about violation of another person’s core rights and interests or any other immoral activities. (Hasnas, p. 586, 2005) Some of the commonly observed examples of White Collar Crimes include cyber crimes (hacking, computer viruses and malwares, credit card fraud, misuse of financial information and bio data), fake bankruptcies, tax evasion through fake financial statements followed by monetary frauds with stakeholders, fake or misleading insurance covers, “antitrust law violations, healthcare issues, phone and telemarketing scams”, business and “environmental law violations, federal mail fraud, public corruption and embezzlements”, forwarding business secrets of an entity, common stock and security frauds with stockholders, “insider trading, bribery, counterfeiting, money laundering and economic spying”.

(Conklin, 2007) and (Internet: Hg.com)The white collar criminal law primarily considers ‘federal mail fraud statute’ that emphasizes the fact that a person is involved in dishonest and immoral behavior when one intentionally or deliberately involved in violating code of conduct and organizational rules and regulations. In more simple words, it takes into account the fact that a person is dishonest or deceptive if does not provide services he or she has promised for in exchange of salary and fringe benefits.

Similarly, if a person also pretends one’s actual skills, knowledge, achievements, expertise and abilities to obtain a specified job, it has been considered unethical and white crime. (Conklin, 2007)White collar crimes are also regulated from various laws as presented by number of articles. For example, “article 180” is about bribery in general such as for cases in private business entities and organizations. “Article 195 of Penal Law” is directly related with public corruption, embezzlements and civil workplace misconduct.

In addition, the “article 200” deals with cases of bribery in civil services and government offices to prevent the monster of rising corruption at state-owned institutions. (Sage Publications – Chapter 14, p. 152)References:Conklin, John E. (2007). Criminology (10th ed.). Boston: Pearson, Allyn and Bacon. ISBN: 0205608965 Levitt, Steven (2006) “White-Collar Crime Writ Small: A Case Study of Bagels, Donuts, and the Honor System” Exposing Cheating and Corruption Vol. 96 No. 2 pp. 290-294Hasnas, John (2005) “Ethics and the Problem of White-Collar Crime” American University Law Review Vol. 54, pp. 579-661 No author “Chapter Fourteen: White-Collar Crime” Sage Publications, pp.

152-163 No author “White Collar Crime - Guide to White Collar Crimes Law” Hg.com