White-collar Offenders Research Articles

From Crime Convenience to Punishment Inconvenience: The Case of Detected White-Collar Offenders

ABSTRACT The theory of convenience suggests that white-collar offenders find it convenient to use illegitimate gain to explore possibilities and avoid threats. Furthermore, there is convenient access to resources to commit and financial crime, and offenders can conveniently justify crime and neutralize guilt feelings. This article extends the concept of convenience into the concept of inconvenience when white-collar offenders face detection, investigation, conviction, and incarceration. The extent of inconvenience is dependent on a number of issues such as public opinion about seriousness of wrongdoing, fraud examinations versus police investigations, symbolic defense by attorneys, and the special sensitivity hypothesis versus the special resilience hypothesis. While facing the criminal justice system is never convenient for the offender, the extent of inconvenience might limit itself and partly find compensation by a number of circumstances on the way from crime detection to release from prison.

Punishing Pill Mill Doctors: Sentencing Disparities in the Opioid Epidemic

Consider two pill mill doctors who flooded the streets with oxycodone and other dangerous opioids. The evidence against both doctors was overwhelming. They each sold millions of opioid pills. Both doctors charged addicted patients hundreds of dollars in cash for office visits that involved no physical examinations and no diagnostic tests. Instead, the doctors simply handed the patients opioids in exchange for cash. To maximize their income, both doctors conspired with street dealers to import fake patients – many of them homeless – so that the doctors could write even more prescriptions. Both doctors made millions of dollars profiting off the misery of people addicted to opioids. Even though juries convicted both doctors of similar criminal charges, they received drastically different sentences. The first doctor was sentenced to 5 years, while the second doctor received a 35-year-sentence. This article reviews 25 of the worst opioid pill mill doctors to be sentenced in the last five years, and it details drastic sentencing disparities in the federal system. In more than half the cases, judges departed well below the Federal Sentencing Guidelines to impose sentences that were decades less than would be expected. The sentencing variations in pill mill cases are not driven by traditional explanations such as the trial penalty or the defendant’s criminal history. Instead, the sentencing variations are explained primarily by the age of the doctors. Many pill mill doctors are in their 60s and 70s, and judges appear to be tailoring their sentencing decisions to ensure that older doctors will not spend the rest of their lives in prison. Additionally, prosecutors face an uphill battle in proving the drug quantity against white-collar doctors (rather than street dealers) who can claim that some of their prescriptions were legitimate. This article documents the difficulty of equitably punishing pill mill doctors, as well as the significance of age in sentencing older, white-collar offenders.

Convenience Triangle in White-Collar Crime: An Empirical Study of Prison Sentences

ABSTRACT The theory of convenience suggests that the likelihood of white-collar offenses is dependent on financial motives, organizational opportunities, and personal willingness to commit and conceal financial crime in an occupational setting. The convenience triangle suggests that motives, opportunities, and willingness can reinforce each other to commit and conceal the crime. While developing research hypotheses both for the extent of criminogenity and for interactions in the triangle, this research has failed in identifying empirical sources to test suggested hypotheses. Instead, we derive and interpret data from 408 convicted white-collar offenders into intentions to commit financial crime. Given this transformation of data from court documents and media reports, we find support for all three hypotheses regarding motive, opportunity, and willingness as predictors of white-collar crime intentions.

Must the show go on? The (in)ability of counterevidence to change attitudes toward crime control theater policies.

Crime control theater refers to intuitively appealing laws that appear to address crime while lacking any evidence that they actually do so (e.g., sex offender registration and residence restriction laws, which do not reduce recidivism). Despite their ineffectiveness, public support for such laws tends to be high. We predicted that making people aware of these laws' failure to reduce crime would lower support for them. Participants (recruited from Amazon Mechanical Turk; Study 1: N = 298, mean age = 35.60, 47.7% self-identified as women and 75.8% as White; Study 2: N = 147, mean age = 35.03, 40.1% self-identified as women and 85.0% as White; Study 3: N = 552, mean age = 35.86, 42.9% self-identified as women and 76.4% as White) read about sex offender registration and residence restriction policies and rated their support for these laws, confidence in their opinions about them, and perceptions of their efficacy before and after reading counterevidence highlighting these laws' failure to reduce sex crimes. Although exposure to counterevidence somewhat lowered support (average within-subjects d = -0.69), general attitudes remained positive even at the postcounterevidence phase (average d = 0.46 against the scale midpoint). This pattern held when manipulating the criminal population being targeted (sex offenders vs. white-collar offenders; Study 1), when tailoring counterevidence to people's self-stated justifications for supporting these laws (Studies 2-3), and despite favorable ratings of the counterevidence's strength and credibility. Support for crime control theater policies persists despite explicit knowledge that they do not reduce crime, highlighting the need for alternative methods of dissuading people from their support for these ineffective laws. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand

Bagaric and Alexander ( 2014 ) argue for fundamental reform of the sentencing process for white-collar offenders in Australia and other jurisdictions. This study has two objectives. First, it challenges Bagaric and Alexander’s proposals. Second, using data from cases prosecuted by the New Zealand Serious Fraud Office, it instead proposes that white-collar offenders should not receive more lenient treatment in the justice system due to the privileged position from which the offending commences. This article suggests that an absence of restitution should be considered an aggravating factor, rather than the presence of restitution viewed as a mitigating factor; as an offender’s good character is often an enabler of the offending, this should not be considered as a mitigating factor and as extra-curial punishments, such as reputation damage or loss of future employment opportunities, are short-term for white-collar offenders, there is little justification for reduced sentences and extra-curial punishments can be viewed as a natural corollary of the offending.

The media, personal digital criminal legacies and the experience of offenders convicted of occupational fraud and corruption

PurposeThe purpose of this paper is to explore the impact of media coverage on offenders convicted of occupational fraud and corruption in the UK. It examines the extent of media coverage and provides insights into the experiences of offenders.Design/methodology/approachThe study is based upon interviews with 17 convicted offenders, and on a content analysis of one national and two regional newspapers in the UK.FindingsThe findings suggest that offenders convicted of occupational crime and corruption are more likely to experience media coverage than previously assumed and that personal digital criminal legacies create long-term labels which lead to economic strains and social fractures that hinder productive reintegration into society.Research limitations/implicationsThe research is limited by a small sample frame in the UK. Nevertheless, the findings suggest further research is required as they have important implications for privacy and rehabilitation.Practical implicationsIn particular, offenders and their families need support in dealing with their personal digital criminal legacies, accessing their privacy rights and coping with the strains created by online stigmatisation. From a policy perspective, the existing regulatory framework that supports rehabilitation in the UK, especially the increasingly archaic Rehabilitation of Offenders Act 1974, requires close examination and debate to ensure it is fit for the digital era. The findings also suggest that policies, practices and responsibilities of the public sector in employing offenders need to be examined.Originality/valueIt is a rare study of white-collar offenders after their release from prison. The findings are of relevance to criminal justice policy makers, rehabilitation services and academics.

Chairman of the Board Incarcerated for White-Collar Crime after Bankruptcy: What Does His Autobiography Tell Us about Convenience?

ABSTRACT Some members of the upper echelon in society violate laws whenever they feel necessary. They have access to resources to commit and conceal financial crime while they deny the guilty mind. Autobiographies by convicted white-collar offenders are an interesting source of information to understand motives, opportunities, and willingness for deviant behaviors. This research applies the theory of convenience to study the autobiography of a convicted chairman of the board in Norway. While claiming corporate crime for the benefit of the business, he actually carried out occupational crime to benefit himself. As an entrepreneur, he felt entitled to do whatever he considered necessary. He suffered from narcissistic identification, where there is little difference between personal money and company money.

Stage model for female criminals: business school students’ perceptions of white-collar offenders

ABSTRACTWe know that half of the population in Norway is female, and we know that females represent 6% of the white-collar crime prison population. In the stage model overview, we derive percentages from the literature into the gender model to explain stepwise reduction from 50% to 6%. In our empirical research, we asked two groups of business school students to come up with their own estimates for the stages in the model for female criminals. While estimates from executive students resulted in 3% women in prison, bachelor students’ estimates resulted in 10% women in prison. The most obvious discrepancy between the research literature and our two survey groups is related to relative convictions. Based on the literature, we suggested that female defendants receive more serious convictions because they may perceive and feel more guilt for a crime, for example in terms of regret, shame and depression. Thus women may have a tendency to confess more easily. Both executive students and bachelor students disagree with this estimate of 140%, as they suggest 62% and 69% respectively. One reason for their suggestion of less serious convictions for female white-collar criminals – sometimes labelled pink-collar criminals – might be that family situation and other elements are taken into account before a verdict is passed on a woman. Another substantial discrepancy is related to detection risk. The literature suggests a low detection risk for women, but may be not as low as we estimated at 30%. Both executive and bachelor students believe that the gender difference in detection likelihood is not that formidable, as they suggest 75% and 65% respectively.

White-collar offenders vs. common offenders: a comparative study on personality traits and self-control

Several studies have produced evidence of the existence of differences between common offenders and white-collar offenders. In Portugal, however, there is little or no empirical work on this topic. To fill this gap, a survey was administered to a sample of 137 incarcerated subjects in several Portuguese prisons, separated into white-collar offenders (n = 74) and common offenders (n = 63). For this evaluation, sociodemographic, personality and self-control variables were measured. The results showed significant differences between the two groups of offenders. White-collar offenders are older, have more qualifications and are mostly married or divorced, contrasting with common offenders, who are younger, less qualified and mostly single. Moreover, findings indicate personality differences regarding “openness to experience” in both groups. With regard to self-control, the General Theory of Crime is supported as no differences were found between both types of offenders. The results are discussed and the implications of the findings are outlined.

The psychology of the corrupt: some preliminary findings

Purpose This paper aims to present findings based on the psychological profile of 17 offenders who have been convicted of occupational fraud, bribery or related offences. It provides findings on their specific psychological profiles using well-established psychological techniques to gauge personality. The study is also aimed to provide the foundations for further research on such profiles, which could eventually provide a screening tool to identify individuals who might be a higher risk of engaging in corrupt behaviours for organisations. Design/methodology/approach The research is based upon 17 interviews with white-collar offenders who were also asked to complete an Eysenck Personality Questionnaire to identify their profile. Findings This study postulates that sensation seeking, risk appetite, impulsivity and lower non-aggressive self-regulation dominate the E scale traits of white-collar offenders. Originality/value This paper is very much original in its design with few studies having been performed in this area.

An offender’s perspective of what motivates and deters white-collar criminals in the South African workplace

The aim of this study was to investigate the motives of white-collar criminals so as to gain a better understanding of white-collar crime and develop measures that can help to reduce it. The study involved face-to-face interviews with white-collar offenders imprisoned at a correctional centre in South Africa. The data collected provided evidence to support the existing theory relating to the motives for white-collar crime; however, a previously unreported theme of race emerged as a key motivator among the respondents. Race was further identified as a key justification for committing the crime. Suggestions from the respondents to employment relations practitioners on how best to mitigate the risks were also collected and reported. The deterrents that were identified as most effective by the respondents revolved around four themes, namely reports and signing authority, working environment, education and matching roles and responsibilities.

An offender’s perspective of what motivates and deters white-collar criminals in the South African workplace

The aim of this study was to investigate the motives of white-collar criminals so as to gain a better understanding of white-collar crime and develop measures that can help to reduce it. The study involved face-to-face interviews with white-collar offenders imprisoned at a correctional centre in South Africa. The data collected provided evidence to support the existing theory relating to the motives for white-collar crime; however, a previously unreported theme of race emerged as a key motivator among the respondents. Race was further identified as a key justification for committing the crime. Suggestions from the respondents to employment relations practitioners on how best to mitigate the risks were also collected and reported. The deterrents that were identified as most effective by the respondents revolved around four themes, namely reports and signing authority, working environment, education and matching roles and responsibilities.

How modern psychology can help us understand white-collar criminals

PurposeThis paper aims to add to the theoretical discussion of white-collar crime by introducing modern psychological decision-making literature and the potential effect on white-collar offending.Design/methodology/approachUsing a theoretical approach, literature on heuristics, innovation and stress, insight into why white-collar offenders decide to commit crime is posited.FindingsThe heuristics and strategies that people use to assist in decision-making process may inadvertently promote white-collar crime. For example, stress may inhibit white-collar offenders’ thinking, causing them to discount the risk of committing said offense; individuals may not challenge the success of carrying out a white-collar offense once it is considered; and generally, people will be more optimistic in considering their success of not getting caught.Originality/valueCurrently, the study of white-collar crime is discussed largely in the context of sociological factors. Current psychological theories have considerable explanatory power in understanding why white-collar offenders commit their crimes.

Examining Sentencing Patterns and Outcomes for White-Collar and Property Crime Offenders

ABSTRACTGuided by the focal concerns perspective, the authors examine effects associated with sentencing predictors on incarceration and sentence length decisions for offenders convicted of white-collar and different forms of property crime. Using seven years of data (2004–2010) obtained from the Pennsylvania Commission on Sentencing, the authors compare direct and interaction effects of legal and extralegal covariates for white-collar, property economic, and property noneconomic offenders to assess similarities and differences in sentencing outcomes across these crime types. Results indicate more variation exists between white-collar and property noneconomic offenders, particularly in terms of age, race, and gender interaction effects on sentence length decisions. Substantive and theoretical implications are discussed.

Assessing Risk Among White-Collar Offenders Under Federal Supervision in the Community

While many risk assessment tools have been subjected to validation studies, less research has examined their utility with white-collar offenders. Given that white-collar offenders tend to have different social and economic backgrounds than other types of offenders, it is important to understand how risk assessment applies to this population and how risk assessment might help judges and other court and correctional decision makers understand risk of future harm among this understudied group. We examine the ability of the Post Conviction Risk Assessment to predict revocation on a sample of 31,306 white-collar offenders by reviewing the predictive validity of the risk levels and risk score. The analyses support the use of risk assessment with white-collar offenders and provide further support for applying the risk and needs principles to what is considered a unique population. Other implications for risk assessment and judicial decision making are discussed.

Organizational convenience for white-collar crime: opportunity expansion by offender behavior

ABSTRACTThe theory of convenience suggests that the extent of white-collar crime is dependent on financial motive, organizational opportunity, and willingness for deviant behavior. Organizational opportunity is at the core of convenience theory, where privileged and powerful offenders have legitimate access to resources in their professions to commit and conceal financial crime. This article introduces a dynamic perspective of organizational opportunity where a white-collar offender can cause opportunity expansion over time. Based on agency theory, social disorganization theory, and blame game theory, a case study is presented. The case study is concerned with a chief financial officer (CFO) who applied several opportunity expansion techniques before he conveniently was able to commit and conceal embezzlement in the business where he was employed.

Convenience triangle in white-collar crime: Case studies of relationships between motive, opportunity, and willingness

The purpose of this article is to illustrate the potential relationships between motives, opportunities, and willingness to commit financial crime by white-collar offenders. We apply the theory of convenience to study six cases that link three constructs concerned with white-collar crime. For example, a strong motive for illegal profit or a strong willingness to commit financial crime can lead to opportunity expansion in an organizational context. The theory of convenience suggests that financial crime is a convenient option for white-collar offenders when there is an economical motive, an organizational opportunity, and a personal willingness. Convenience is defined as taking the handiest or easiest way to achieve a goal. Convenience orientation is conceptualized as the value that individuals place on actions with inherent characteristics of saving time and effort as well as avoiding pain, suffering, and uncertainty. The theory of convenience has three dimensions: (1) a desire for financial gain based on threats and possibilities, (2) an organizational opportunity to commit and conceal financial crime, and (3) a personal willingness for deviant behavior.

Rule-violating behaviour in white-collar offenders: A control group comparison

This study aims at enhancing our understanding of criminogenic individual-level factors in white-collar crime, that is, fraudulent acts carried out in an occupational capacity or setting. We do so by examining consistency of rule-violating behaviour across different settings outside the occupational context in a sample of white-collar offenders ( n = 637) and comparing it with a matched control group ( n = 1809), controlling for socio-demographic, crime and organizational characteristics. Results show that white-collar offenders, including those holding high-trust organizational positions, engaged in regulatory income tax violations and regulatory traffic violations at significantly higher levels than did controls. This study concludes that individual characteristics are likely to underlie the identified cross-contextual consistency in rule-violating behaviour and debates the relevance of the findings for white-collar crime in organizations.

The Social Ecology of White-Collar Crime: Applying Situational Action Theory to White-Collar Offending

ABSTRACTThis article applies the integrated framework of situational action theory (SAT) to white-collar crime causation – previously unexamined in this perspective, drawing also on data from a small-scale study based on semi-structured interviews with white-collar offenders. The key arguments and findings are discussed around SAT’s categories, modified in accordance with white-collar crime particularities: criminogenic propensity, workplace environmental factors, and the individual-environment situational mechanisms. This initial SAT application shows that its constructs can be fruitfully deployed in explaining white-collar crime only to a moderate extent. The findings are not fully supportive of SAT’s “weak law-relevant morality” and deterrence arguments, while SAT’s moral correspondence situational mechanism provides a novel way to explain crimes within criminogenic workplace cultures.

Social Bonds and White-Collar Crime: A Two-Study Assessment of Informal Social Controls in White-Collar Offenders

ABSTRACTIn two studies, this paper examines age-graded informal social controls (bonds) in white-collar offenders. Using register data, Study 1 compares bonds in a sample of white-collar offenders to a matched control sample, while Study 2 uses probation data to examine bonds within a subsample of white-collar offenders of Study 1. The results show that white-collar offenders, including those who occupy executive positions and those with an adult-crime onset, were characterized by weakened bonds and that early-onset offenders had weaker bonds than adult-onset offenders. Along with the implications of these findings for theory, limitations and directions for future research are presented.