White-collar Crime Research Articles

The Saudi Arabian legal system’s approach to white-collar crimes: challenges and potential reforms

The Saudi Arabian legal system’s approach to white-collar crimes: challenges and potential reforms

WHITE COLLAR CRIME AS ORGANIZED INSTITUTIONAL CRIME

The object of treatment in this paper is the problem of detection and treatment of corruption. There is no single definition for corruption and in this case it is limited to the corruption practices of white-collar crime, being a link to institutional organized crime, with confirmation of the suspicion of crime in the Prosecutor's Office - especially that of serious crimes which is the main pillar of the state in this right to enforce the law and fight the phenomenon, as well as the state courts. Its meaning is broad and cannot be defined only by accepting or giving a bribe to an official or buying it, as is often practiced. Corruption is often carried out by a highly organized group of people, which gives us elements of institutional organized crime. Since corruption, especially political corruption, is carried out by highly qualified and professional persons, this greatly complicates the operation of the law, detection, investigation, prosecution and judgment of authoritative persons, decision-makers, due to the great powers to hide the traces of corruption and especially the crime of money laundering, being a serious consequence and with great material and moral damage for the citizens of a state. Due to the problems leading to the discovery and proof of this crime and due to the way it is committed, the secret nature, corruption is part of the crimes where the rate of proof is extremely low or even definitely impossible. The work is mainly elaborated on the problems encountered not only by the agencies, the bodies that have a mandate to prevent and fight this negative phenomenon in our society, but also the media and especially the citizens who are involved in harm from authoritative persons and state institutions. A major problem where the citizen there is no address for orientation and when the organized Institutional group usurps the State Institutions and in some form is created as a Mafia group.

Controlling embezzlement in Kuwait through situational crime prevention

The literature on the causes of corruption has been preoccupied with the corrupt individual or the socio-political and economic contexts in which corruption occurs. This has resulted in macro-level counter-corruption approaches that focus on the root causes of corruption. In the last few decades, however, new Western criminological theories and approaches have been developing. Environmental criminology – and its family of theories – is one example of theories that provide a different perspective on crime prevention by focusing on the crime rather than the criminal. In this context, situational crime prevention (as part of environmental criminology) brings in micro-level preventive techniques, such as the immediate manipulation of the criminogenic situations, rather than focusing on the distant causes of crime. The Western literature on criminology abounds in successful experiences of the ability of situational crime prevention to prevent several types of crime, including white-collar crime. In the Arab world, nevertheless, there is a dearth of studies, if any, that apply situational crime prevention in terms of crime prevention. This paper furthers another area of research where it has been argued that criminology in the Arab world is still dominated by modern criminology theories where the individual criminal is the centre of attention. As a result, environmental criminology has notably been absent in the Arab criminological discourse. Taking Kuwait as an example of an Arab country, and embezzlement as a unit of analysis, this paper argues that situational crime prevention is also a promising crime prevention approach in the Arab world.

Causes of Increasing White-Collar Crime in Different Sectors of Bangladesh and its Impact on Society: A Feasible Reform

White-collar crime is a type of nonviolent crime that typically involves deception or concealment to acquire or protect assets or to achieve a personal or business benefit. It is on the rise in various sectors of Bangladesh due to its challenging identification, the prevalence of upper-class perpetrators, and their complex techniques. The previous laws and regulations were inadequate in addressing the increasing criminal activity and its negative impact on social and State life due to upper-class society's financial and professional dominance. This research paper examines the causes of the increase in white-collar crime in different sectors and its impact on Society in Bangladesh and finds a feasible reform for preventing it. The researcher also tries to provide a legal framework for preventing white-collar crime, especially in various sectors of Bangladesh.

Особенности избрания мер пресечения, действующих без судебного решения, по уголовным делам о преступлениях в сфере предпринимательской деятельности

The article studies provisions of applicable laws, theoretical views and the law enforcement practice and justifies the conclusion about the efficiency of broader application of pre-trial restrictions selected based on court rulings in criminal cases on business crimes. In particular, it is suggested to supplement the Criminal Procedure Code of the Russian Federation with a judicial opportunity to select any pre-trial restrictions allowed by the law in the event of satisfaction of the motion for detention of an accused businessman.

Effectuating international law against corruption: Behavioral insights

Abstract International law against corruption is mainly based on individualized criminalization and deterrence, including legal persons. Implicitly, since corruption is a white-collar crime, the conventions assume self-interested rational actors. That was the state-of-the-art thinking when the international conventions against corruption were developed around the turn of the millennium. This is the correct starting point but has failed to deliver the expected results. The United Nations (UN) has turned to behavioral science but the UN Office for Drugs and Crime (UNODC) is lagging behind and behavioral approaches have played a minor role. I submit that they can enrich the set of instruments by using (social)psychological insights. This article discusses additional tools based on behavioral insights and new social science methods used to gain a more holistic understanding of corruption. It makes concrete substantive and institutional suggestions for fighting corruption which could be taken up by UNODC and in international (soft) law. It also discusses the limitations.

Will I Have to Be Reborn? Collective Sensemaking of Stigma among White-Collar Inmates

We have a limited understanding of how individuals anticipate the experience of stigma, make sense of it as a group, and how such sensemaking trickles down to the individual level, especially for white-collar inmates who have experienced a drastic fall from grace. To address these issues, we draw on three waves of semi-structured interviews and focus group data with 70 inmates in a federal prison in the United States over a period of 16 months. Our findings reveal that following collective sensemaking, inmates use varying tactics to either select, borrow, contribute, reinforce, disguise or maintain the status quo, which variably impact on their perceptions of their ability to both reassure others of their soundness of character and adapt their professional identity. Our work contributes to the sociology of stigma and white-collar crime by showing how high-status professionals collectively prepare for stigmatization and implications for their individual responses to stigma.

Book Review: Myths and misunderstandings in white-collar crime by Baer, Miriam H.

Book Review: <i>Myths and misunderstandings in white-collar crime</i> by Baer, Miriam H.

Treat me fairly now or I will commit misconduct later: integrating general strain and procedural (in)justice in graduate education

Purpose The purpose of this paper is to integrate general strain theory and procedural justice in the context of research misconduct in university settings. Design/methodology/approach Drawing on media accounts and past research, the authors present data on the financial costs of research misconduct to universities and identify graduate school processes as a possible source of strain may lead to misconduct. Relevant research on procedural justice in organizational settings is also examined. Findings The available literature suggests that the use of procedurally just practices will help reduce strain, and in doing so, potentially prevent research misconduct in university settings. The authors present an integrated theoretical model that can be tested in future empirical studies of research misconduct and other forms of white-collar crime in universities. Directions for future theoretically informed research are discussed, along with recommendations for graduate program administrators. Originality/value Research misconduct causes significant financial and reputational costs to universities. While past research focuses on mentoring and training for preventing misconduct by graduate students, this study argues that the use of fair evaluations and other procedurally just processes is also important.

Shining a Light on Racial Privilege: An Empirical Examination of the Role of Whiteness in Willingness to Commit Elite White-Collar Crime

A significant amount of criminological research has focused on explaining the overrepresentation of Black individuals in crime, attributing them with disproportionate criminal involvement. However, evidence suggests that the most severe crimes, particularly elite white-collar crime, can be disproportionately attributed to White individuals. This study tests the Theory of Racial Privilege and Offending, which argues that racial dynamics in the United States shape cultural adaptations contributing to white-collar and corporate crime. These adaptations involve cognitive frameworks related to empathy, entitlement, and competition. The findings support the influence of race on financial conditions and racial isolation, mixed support for isolation’s impact on cognitive frameworks linked to criminality, and strong support for the direct impact of cognitive frameworks and crime-specific justifications on offending likelihood. The study concludes with implications for research and policy.

Myths and Misunderstandings in White Collar Crime

Myths and Misunderstandings in White Collar Crime

Convenience propositions for white-collar offenders: Perceptions of seriousness in Romania

Perception of white-collar crime seriousness varies from unfortunate incidents that can be excused to a major crime that needs harsh punishment. Students at a university in Romania were asked about their perceptions of seriousness. On a scale from 1 (not serious) to 7 (extremely serious) most students responded by very serious (6) on most questionnaire items. Responses indicate that individual greed to benefit the person is the most serious, while a rational choice of crime is the least serious. This study concludes that students consider white-collar crime to be less serious when people involved use financial wrongdoings as a last resort to avoid personal/organizational bankruptcy. they seem more indulgent when financial crime is a result of omission/concealment of criminal activity.

White collar crime identification in India: A Critical study

White-collar crime poses a significant challenge to the economic and social fabric of India, as it involves non-violent financial offenses committed by individuals or organizations in positions of trust and authority. This research paper critically examines the landscape of white-collar crime identification in India, shedding light on the types of offenses prevalent, the mechanisms employed for detection, and the complex challenges faced by law enforcement and regulatory bodies. The study begins with an exploration of the various types of white-collar crimes observed in the Indian context, including fraud, corruption, embezzlement, money laundering, insider trading, and cybercrimes. Real-life case studies are presented to illustrate these offenses and the methods employed by perpetrators. Detection mechanisms are a central focus of this paper, with an in-depth analysis of financial audits, forensic accounting techniques, and digital monitoring tools used to identify and investigate white-collar crimes. The role of technology, particularly artificial intelligence and data analytics, is examined in enhancing detection capabilities.

The Role of White-Collar Crime Jurisprudence in Combating Corrupt Practices within Pakistan: A Contemplative Analysis

This research investigates the application of white-collar crime jurisprudence in eradicating corruption in Pakistan. The objectives include analyzing the background and development of white-collar crime jurisprudence, exploring the applicability of existing anti-white-collar crime measures, reviewing the performance of the legal body responsible for combating white-collar crimes, examining the impact of military and fundamentalist interference, and suggesting measures to reinforce Pakistan's legal frameworks. The qualitative research method uses literature review, case analysis, and comparison, examining major legal transformations and case decisions. Field studies on major corruption scandals, such as the Panama Papers Scandal and Different Cases of NAB, assess the efficiency of the legal mechanism and enforcement bodies. The influence of the military and fundamentalists is considered based on evaluation cases where legal processes were interfered with. Recommendations are prepared based on the experience of other countries, international norms, and views of professional experts. The study concludes that political civil and military exigencies, fundamentalist perceptions, and political pressure have profoundly influenced the evolution of white-collar crime jurisprudence in Pakistan. Proposals for strengthening the legal base and state authority include stimulating the judicial branch's independence, carrying out deep legal and institutional changes, advocating for the openness and accountability of power, and developing cooperation with other nations.

‘Everything seems to be pushed onto the businesses’: stakeholder perceptions of the policing of business crime in Staffordshire, United Kingdom

ABSTRACT This article concerns the perceptions and policing of business crime in the Staffordshire Police area in England in 2019–2020. Based on collaborative mixed methods’ work analysis of business crime in Staffordshire, it considers the framing of official discourse, and how it is applied and understood in police practice. Using 74 qualitative interviews with small business owners and access to police data, the research team considered how business crime was framed by officials and stakeholders. Noting there is something of a disconnect between officials and stakeholders the paper suggests that this reveals the conceptual and practical limitations of policing business crime as a form of commercial victimisation. This is due, the paper argues, to the conceptual ambiguity of the contemporary official police discourse of business crime which, in praxis is ill-defined and largely restricted to a more obvious form of retail crime. It suggests that greater consideration and conceptual refinement of the varied nature of business and enterprise is necessary if authorities truly wish to recognise the varied ways in which commercial activity and victimisation intersect. Recognising these intersections should enable police and the CJS to provide more effective responses to stakeholders and the wide range of businesses that face varied and multifaceted victimisation.

Criminal Law Policy Regarding Criminal Responsibility for Corporate Crime (WCC) in Indonesia

White collar crime generally refers to crimes that are financially motivated and are usually committed by business professionals and government officials. White collar crime cases are difficult to track because they are usually committed by officials who have power, have the power to produce laws and play a role in making various vital decisions. White collar crime is also very difficult to be touched by the law because it occurs in a closed environment. In connection with the issues raised and researched, the method that the author will use in the context of this research is Normative Juridical which examines the issue of norms including their contradictions. In research, a distinction is generally made between data obtained directly from the public and from library materials. The regulation of corporations as subjects of criminal law is motivated by different histories and experiences in each country, including Indonesia. However, in the end there is a common view, namely that the development of industrialization and progress in the fields of economics and trade have encouraged the idea that the subject of criminal law is no longer limited to natural humans (natuurlijke person) but also includes corporations . That, as explained above, corporate crimes or also categorized as white collar crimes should be able to be held responsible for the crimes they have committed. Either use the rules of the articles in the Criminal Code or laws outside the Criminal Code as mentioned above.

Protection Threat Risk of Job Loss Justice Collaborator

Corruption is a criminal act classified as White-Collar Crime, which can only be committed by people who have inherent authority because of their position or power in an organization and/or in a government system. The research method was carried out using an analytical approach, namely knowing the meaning contained in the terms used in the laws and regulations related to Justice Collaborator, as well as knowing their application in practice, which is also closely related to the systematic review aspect of the relevant laws and regulations, by conducting technical studies. The second approach taken is the statutory regulations approach considering that this research will examine various statutory regulations related to Justice Collaborator. The respondents in this research are law lecturers, law faculty deans, criminal law lecturers, prosecutors, judges, lawyers, and students and related institutions. The results of research on justice collaborators related to Law No. 13 of 2006 which has been changed to Law No. 31 of 2014 concerning Witness and Victim Protection (W&amp;V Protection), apparently do not protect against the risk of losing their job for Justice Collaborators. The results of the research are very useful for the regulation and implementation of justice collaborators in disclosing criminal acts of corruption, namely that justice collaborators are very important and needed in disclosing criminal acts of corruption. The Corruption Court can uncover criminal acts of corruption quickly and precisely which will have an impact on saving costs, time, energy, and thought. Still, the existence of a justice collaborator cannot be sovereign because it will result in dependence on law enforcement officials. in uncovering criminal acts of corruption with the information provided. The knowledge of law enforcers must also be increased, especially in the cybercrime field, so it is hoped that there will be ideal regulation and implementation in Indonesia.

السياسة الجنائية والاقتصاد: مظاهر وحدود التأثير والتأثر، قانون الأعمال في التشريع المغربي نموذجًا

Economic development in the modern era has led to the emergence of crimes different from traditional crimes that affect the national economy and develop alongside the development of the economic and social life of individuals and societies. This has prompted legislators to enact legal rules regulating these matters. The Moroccan legal system related to trade and business has witnessed a radical transformation over the past decade, represented by the amendment of a set of commercial legal texts and the enactment of new ones, as classical criminal law does not accommodate this number of transformations, especially in the field of business. This study discusses the extent to which the Moroccan legislator has succeeded in controlling business crimes at the level of concept and specificity, and at the level of criminalization and punishment, and the effectiveness of the legal texts included in the criminal law for business in framing and combating business crimes. It aims to approach this topic and suggest possible solutions to address it. It deals with business crimes looking at criminal legitimacy, privacy, and procedures for research and proof in business crimes. The study concluded that the technical characteristics of the business field negatively affected the formulation of criminal rules and texts for business, especially with regard to the use of broad terms that carry many legal meanings. There is duplication in the texts regulating the field of business, as well as duplication in the bodies that carry out legislation, and confusion among Moroccan legislators in formulating legal texts related to the field of business due to combining the Latin and Anglo-Saxon schools. The study recommends the need for the independence of criminal law for business, by creating special provisions within codification independent of the codification of criminal law, the need to limit the arbitrary use of authorization, and the need to reduce the intensity of criminalization in the field of business, by adopting a clear and deliberate policy to limit criminalization, limit punishment, and expand the scope of penalties while being inclusive of all the guarantees prescribed for criminal penalties.

Examining the Impact of Corporate Crimes on Society: an Indian Perspective Study

Corporate crime is a non-violence crime, where the main motive can be identified to be associated with financial gain. Corporate crime can also be recognised as organisational crime, is a type of white-collar crime that is specifically committed by individuals within their respective legitimate occupations, with regard to the benefit of their employing corporations. These individuals however do not consider themselves as criminals and their activities to be criminal activities. It is also to be taken into consideration that corporate crimes are not new to this society. Corporate crimes could be categorised in a variety of forms given their nature and scope. In India, the laws governing corporate crime have long been in discussion. However, given the continuous development in technology, it is suspected that the legislative bodies are required to further research on the topic in order to develop the rules and regulations governing the given offence in order to align the governing regulations with the changing forms of corporate crimes. The primary focus of this article is to critically analyse the factors associated with corporate crime in the society by taking into consideration the Indian perspective on the same.

Criminal Behavior Politician During Reform in Indonesia

Criminal behavior politician during reform in Indonesia perspective white-collar crime is a crime committed by respectable men in corporation and government environments. This study aims to assess and analyze the behavior of white-collar criminals involving an individual of state officials, parliament or political parties politicians and the ruling government in Indonesia during the reform period. This study is qualitative research based on the literature, journals and reporting publications of Indonesian white-collar crime. The result of study concluded that white-collar crime in Indonesia has reached a very alarming level. This crime could even can be called state organized crime in a corrupt government. This crime is based on the achievement of individual interests, group or political party and retains the power. The lack of success of Indonesian government in resolving the case of state officials or politicians involved in corruption, collusion and nepotism rapidly, lightly court decisions, many cases delayed in its prosecution process, even termination of the case of important officials state to be indication the weakness of law enforcement against white-collar criminals in Indonesia. This happens due to the severity of conflict of interest so the solution is often based on the interests or political bargaining and abuse of power. This situation reinforces Hobbes’ theory that a crime act, and fault can be assessed otherwise when the ruling government decided that the action was not malicious and wrong. This means that a value either good or evil depending on the assessments decision committed by the authorities.