White Collar Crime Final

The ___ (Environmental Protection Agency) was established in 1970 as an independent executive branch agency headed by an administrator appointed by the president. Their reach expanded significantly during this decade.

EPA

The Sentencing Reform Act of 1984 marked the formal adoption of federal sentencing guidelines; The U.S. Supreme Court upheld the constitutionality of the guidelines and the Sentencing Commission in what case?

Mistretta v. United States

___ enforcement occurs in only a very small percentage of the cases in which it could be applied. It has far less of the moral disgrace and stigma associated with the criminal justice system

Regulatory

Special prosecutors, or __ __, have sometimes been appointed in politically sensitive cases to act free from direct supervision by the administration in power

independent counsel(s)

Which conflict theory perspective on lawmaking sees the law as reflective of the elite class's control over the state in a capitalist society, and serves the purpose of that class?

instrumental

Which perspective expands on: lawmaking advances the view that in a capitalist society, law reflects the elite class's control over the state and is intended to serve the purpose of that class?

instrumentalist perspective

Unfortunately, it is/not clear that integrating business ethics into the curriculum will measurably elevate the ethical behavior of businesspeople

is not

punitive approach associated with the ancient rationale of retribution for wrongdoing, and based on the assumption that the system should ensure that offenders receive the penalty they deserve.

just deserts

According to Drapkin (1989), the first known legal documents were contracts of? and other transactions conducted around 2400 BC in ancient Mesopotamia

land sales

Corporate antitrust cases tend to be small/large and complicated, stretching across various jurisdictions and lasting for an extended period of time

large

Business has generally had disproportionate influence over what process? the ___ process.

lawmaking

Unlike most conventional crime, white collar crime typically occurs in the context of __ and __ activities

legitimate productive

Micro or macro-level theories address individual-level motivations for WCC offenses while micro/macro-level theories address societal factors that contribute to rates of WCC offenses

micro macro

Criminologists can play a role in fostering broader attention to white collar crime in the media by engaging in ___ criminology which calls for criminologists to appear on tv/radio shows and write/make themselves available for interviews with the press to reach a boarder public audience

newsmaking

The politicians who make the laws often depend on which two entities for financial support for their campaigns, for personal gifts and favors, and for post-political career employment or contracts?

business leaders corporations

EPA's established in response to a growing public concern with harm to the environment that rose sharply after a dramatic oil spill in 1969 off the coast of? (hint: LA)

california

Which law is a product of appellate court opinions and has played an important role in the realm of white collar crime for several years?

case

Traditionally, social control has focused on the behavior of individuals, but the incidence of corporate white collar crime, has highlighted the need to control?

organizations

In the new American Republic, individual states attempted to pass/prohibit monopolistic practices but increasingly national character of the 19th century economy limited the effectiveness of such laws

prohibit

The adoption of federal ___ ___ increased the fines and jail sentences for white collar crime offenders

sentencing guidelines

this type of law is based on court opinions and rulings on previous cases; it is important in white collar crime in that it often establishes precedent for criminal prosecution. this law is a product of appellate court opinions and has played an important role in the realm of white collar crime for several years.

case law

which law concerns itself with private, individual harms and objective responsibility? it also focuses mainly on compensating an individual party for measurable harm suffered.

civil (tort) law

The ___ approach favors cooperative strategies and is rooted in the assumption that a cooperative strategy is both a practical necessity and a more effective way of limiting the harm of corporate activities

compliance

Which act banned efforts to "prevent full and free competition" and also prohibited combinations that tended to raise the cost to the consumer and actions causing a "restraint in trade" that could lead to monopolies?

sherman act

prescriptions, which exist both formally (as laws) and informally (as social norms), against certain behaviors that challenge the social order are known as?

social control

this law is a statutory law based on the U.S. and state constitutions. (The Commerce Clause of Article I, Section 8 of the Constitution) authorized Congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businesses. which law is the above?

constitutional law

Local prosecutors direct most of their time and attention to the broad range of ___ crime cases. The voters are especially concerned with seeing ___ criminal offenders convicted and behind bars

conventional

Yeager (1987) found evidence of a weak/strong structural bias in the regulatory process that favors larger, more powerful corporations

strong

This perspective is known as the progressive perspective on lawmaking which envisions the state as "relatively autonomous" and committed to the system's long-term survival, rather than advancing the specific interests of capitalist elites and entities.

structuralist

Which perspective is a progressive perspective on lawmaking which envisions the state as "relatively autonomous" and committed to the system's long-term survival, rather than to advancing the specific interests of capitalist elites and entities?

structuralist

law in which prosecution takes part on behalf of the entire society, with a greater emphasis on intent as well as evidentiary certainty, which relies on public enforcement and involves the maximization of stigma and censure, partly as a measure of social control

criminal

holding corporations as an entity, as opposed to the individual personnel of corporations, responsible for illegal acts is known as corporate ___ ___

criminal liability

the criminal pursuit of corporations or other guilty parties by state prosecutors in cooperation with local and federal prosecutors is known as? These attorneys identified several key factors in the decision to prosecute: -Amount of $$$ involved -Number of victims -Their belief in the guilt of the accused -Prosecutorial success rate

cross designation

The criminal liability of a corporation for the actions of its employees has come to be based on two major theories, what are they?

imputation and identification

Federal prosecutors have assumed the primary responsibility for pursuing major white collar crime cases. The prosecution of these cases became a much greater priority for the U.S. Department of Justice beginning when

in the 70s

T/F? Because the evolution of wcc is complex, laws governing economic crimes are likely to be products of various competing constituencies, and thus powerful economic interests do not always prevail

true

T/F? Many regulatory cases are dropped because it is impractical to pursue them further. Cases that are pursued may be dealt with by administrative action or civil action, or referral for criminal prosecution

true

T/F? Traditionally, judges have been reluctant to impose tough sentences on businesspeople. they may believe that the shame of criminal prosecution is punishment enough for many such offenders and often allow businesspeople to remain in the community where they can resume productive activity and generate income while making restitution to victims

true

T/F? the proper lines of demarcation between acceptable and unacceptable practices are not always clear

true

Regulatory agencies have often been un/willing or un/able to implement environmental crime laws fully. Judges have also been reluctant to impose the criminal penalties permitted by the law on environmental offenders

unwilling

Hoover was/not concerned with white collar crime rather he was concerned with highly visible forms of professional crime i.e bank robbery, kidnapping, and the activities of alleged subversives. Who claimed that they made wcc a higher priority?

was not Hoover's sucessors

Responses to white collar crime may be directed toward:

-Structural, organizational or individualistic levels -Social control, opportunity structures or cognitive states -Persuading, appealing to reason or offering practical inducements, or relying on threats of intervention and punishment

List the 4 alternative sources and forms of law and lawmaking

-The Constitution and Constitutional Law -Case Law -Executive Lawmaking -Administrative Law

Two beliefs about the judicial sentencing of white collar offenders have been adopted over the years and they are:

1. White collar offenders are treated more leniently at sentencing than conventional offenders 2. Sentencing is idiosyncratic (peculiar to an individual or group) and haphazard

Little substantial legal protection for workers existed before when?

1970

The Environmental Protection Agency (EPA) was established by executive order in?

1970

The legislative branch is not the only source of law, in total how many alternative sources and forms of law and lawmaking are there?

4

Today, virtually all environmental statutes include criminal provisions but they differ on the degree of liability. (ex: violations of the clean air act) Many constraints have limited full implementation of the environmental law enacted since the early 70s, 80s, or 90s?

80s

Name the act created to ensure that regulatory agencies would act fairly, meaning with appropriate attention to due process, but it also imposed limits on judicial powers to rule on or overturn agency actions

Administrative Procedure Act

Which type of law is broadly defined as law that regulates economic competition?

Antitrust

When prosecutors pursue wcc cases they generally are cases of?

Consumer and insurance fraud, false claims, environmental offenses, security and tax fraud, and illegal payments cases

The EPA\CID has forensic laboratories throughout the U.S., the largest being the National Enforcement Investigations Center in?

Denver, Colorado

There are 3 ways in which businesses get themselves into trouble what are they?

Ethical problems Market failures Liquidity problems

The FBI grew from a small Justice Department into one of the world's most highly regarded policing agencies during the reign of? Hint: J. Edgar ______

Hoover

Liability is direct insofar as corporate actors are acting on behalf of the corporation. Which theory is this imputation or identification

Identification

Corporations are liable for the intent and acts of its employees on any level in the corporate hierarchy. Which theory is this imputation or identification

Imputation

State prosecutors have begun to pursue corporations for violations of state laws more often, the combo most likely leading to criminal prosecution is?

Individual defendants, organizational victims, and multiple offenses or a large number of victims.

This executive body internal to the government, reporting to the U.S. Attorney General, which conducts audits and investigations of various government departments and agencies.

Inspectors general

Which case study established both the supremacy of the Constitution and the Court's own right of judicial review?

Marbury v Madison

____ (Occupational Safety and Health Administration) was established as a labor department agency in 1971. It's one of the most controversial federal regulatory agencies

OSHA

____ is authorized to develop and enforce procedures and standards for workplace health and safety and to compensate for limitations of alternative remedies such as worker's compensation, civil tort suits and criminal prosecutions. They also empowered to conduct workplace inspections and issue citations for violations

OSHA

This law is regarding Racketeer-Influenced and Corrupt Organization, (enacted by Congress as part of the 1970 Organized Crime Control Act); aka a special section meant to provide prosecutors with additional power to combat organized crime frequently used for white collar crime cases.

RICO Law

During which administration did the FBI focus on protecting the government and major financial institutions from fraud?

Reagan

Regulatory agencies have THREE basic functions what are they?

Rule making Administration Adjudication

What was established in 1934 as a government response to the massive stock manipulation and frauds that contributed to the 1929 stock market crash

SEC (Securities and Exchange Commission)

___ can be either postive or negative: Positive: Grants, bounties, fees, loan guarantees, prizes and awards Negative: Imprisonment, fines and occupational disqualification

Sanctions

___ ___ ___ primarily prosecutes white collar crime cases involving fraudulent transactions.

State attorney generals

Who recognized that the dominant legal response to crime by businesses was regulatory rather than penal

Sutherland

Who claims to have the best white collar crime lab in the country

The I.R.S.

•Reagan - regulation was scaled back (Deregulation) •Clinton - hoped for more regulatory oversight •George W. Bush - favored regulatory agencies Obama - moving toward massive overhaul of the regulatory system

The Origins and Evolution of Regulation

Investigates white collar crimes involving counterfeiting or forgery of any form of federal currency or warranted financial instrument

The Secret Service

This agency is charged w maintaining the security and integrity of the mail system. They have jurisdiction over embezzlements, identity frauds, lotteries, mail frauds, money laundering, and worker's comp frauds involving a postal element and now has jurisdiction over electronic frauds as well. Clearly, many of these schemes are at the margins of occupational and professional crime and are accordingly forms of contrepreneurial white collar crime (swindles, scams and frauds that assume the guise of a legitimate business). This agency can neither prosecute frauds nor officially mediate disputes concerning frauds, its investigation alone can deter such schemes

The U.S. Postal Inspection Service

___ were legal entities or holding companies for corporations engaged in the same type of business, fixed prices, controlled production, and organized geographical monopolies for an entire industry

Trusts

Investigates money laundering, falsified import or export documents, illegal product dumping, and foreign corrupt payment

U.S. Customs

Assigned both law enforcement and court-related duties. Pursue and capture fugitives, engage in pursuit of white collar crime fugitives and also have the responsibility of disposing of seized assets in white collar crime cases

U.S. Marshals

Which law describes the following: Written law produced by state and federal regulatory agencies as opposed to gov bodies (thus, some disagreement exists as to whether this kind of law is law in the full conventional sense or just a "body of rules"). Hint: many activities classified as white collar crime are violations of this kind of law rather than statutory law.

administrative Law

One form of white collar criminal law is ___ law. Which is directed against monopolistic practices that interfere with the operation of a truly competitive free market

antitrust

which law describes the following? this law is directed against monopolistic practices that interfere with the operation of a truly free market

antitrust law

____'s strong structural bias exists bc the larger corporations have the resources to afford technical and legal experts who can challenge and negotiate with agency experts. The larger corporations can also absorb the formidable costs of compliance with regulatory requirements

Yeager

The ___ branch also plays the same role in appointing the top people in many regulatory agencies

executive

What lawmaking occurs thru the executive (presidential) control of agencies that investigate, enforce, and prosecute crime?

executive

Which branch appoints all federal judges and many state-level judges as well? Hint: Supreme Court justices and appellate court judges are especially important

executive

T/F? The Commerce Clause of Article I, Section 8 of the Constitution did not authorize Congress to make laws regulating commerce between the states and provided one basis for federal intervention in the affairs of private businesses

false (did authorize)

The following list -The FBI -Inspectors General -U.S. Postal Inspection Service -U.S. Secret Service -U.S. Customs Service (ICE, CBP) -Internal Revenue Service\CID -USEPA\OCEFT\CID are the principal ___ ___ ___

federal investigative agencies

The I.R.S' ___ crime lab has the capability of reconstructing shredded documents, enhancing voices on tapes, and analyzing altered documents, fingerprints, ink, paper and polygraphs

forensic

Which jury is more important and more involved in white collar crime cases than in conventional cases? Hint: a grand jury indictment is constitutionally required in the federal system

grand jury

Because of the complex, interjurisdictional character of much wcc, federal agencies have/ have not played a much larger role in the investigation of these crimes than local agencies

have

the loss of a professional license or other credential needed to practice a business or a profession; a punitive deterrent that incapacitates offenders by depriving them of opportunities for committing their occupationally related crimes. Rehabilitation, as a penal objectives is not fulfilled by occupational disqualification

occupational disqualification

A decision to prosecute a corporation requires a major commitment of finite resources. Prosecutors can rationalize their failure to take the responsibility of various state or federal agencies to the extent that these agencies pursue a case, local prosecutors are far less likely to get involved in

ok

In the Clinton era, the Whitewater investigation took precedent over white collar crime Then on September 11, 2001, the FBI was shifted to counterterrorism squads leaving fewer to investigate white collar crimes In 2008, the main focus is on investigating financial crimes

ok

Is there a federal parole system? Under the Sentencing Reform Act of 1984, Congress eliminated parole for federal defendants convicted of crimes committed after November 1, 1987. But while federal prisoners can no longer look forward to parole release, they may nevertheless earn reduced terms for good behavior.

ok

John Coffee Jr. identified several differences between criminal and civil law: •The role of intent is greater in criminal law •Criminal law focuses on the creation of risk rather than on actual harm...argument is that we lock ppl up to protect society •Criminal law insists on greater evidentiary certainty and is less tolerant of procedural informality •Criminal law relies on public enforcement •Criminal law involves the deliberate imposition of punishment and the maximization of stigma and censure •Both types of law require intent and have somewhat parallel rules for establishing culpability •ordinary negligence is sufficient in tort cases, whereas most state laws require more for establishing criminal liability

ok

Since the 1970s, the crim law has in fact been more broadly applied to corporate wrongdoing such as worker safety violations, toxic dumping, and environmental pollution. Simpson (2002) studied corporate crime deterrence and concluded that crim law has basic limitations as an effective device for addressing corporate crime

ok

The EPA\CID is authorized to conduct investigations, carry firearms, execute/serve any warrant, and make arrests for any offense against the United States. Additionally, the CID Special Agents perform any and all other duties as authorized by law and regulation

ok

The Federal Trade Commission (FTC) is empowered to: Contend with unfair and deceptive business practices, including deceptive advertising that defraud consumers, issue trade regulation rules, require businesses to produce various forms of information, and prevent unfair competition and anticompetitive mergers

ok

The Rivers and Harbors Act of 1899 considered the first congressional expression of intent to criminalize polluting activity The Act didn't lead to any serious, measurable prosecutorial activity against environmental criminals for the first 7 decades of the 20th century. The prosecution of environmental crime increased somewhat during the 1980s. Despite modest increases in prosecutions, fines and prison sentences for individual corporate executives, there has been a systematic reluctance to imprison environmental offenders or to fine corporate environmental offenders more than a fraction of the statutory maximum for these offenses. It pays to pollute!!!!

ok

The SEC was given broad responsibilities to: Regulate and police the securities market Serve as a repository and examiner for registration statements Provide information on securities to investors Advise bankruptcy reorganizations (sometimes) Investigate and initiate actions when federal securities laws are violated and frauds are committed

ok

The question of whether corporations should be held responsible for illegal acts has been a contentious issue in our legal history Alternative views center on whether a corporation is an entity with an existence separate from shareholders and other participants or is simply an aggregation of natural individuals In the most recent era, a movement toward imposing corporate criminal liability has generally intensified

ok

Prosecutors tend to have some autonomy in choosing cases. Prosecution is most likely in cases involving individual defendants and organizational victims this is bc its easier to prosecute individuals than organizations. most local prosecutors handle a lot/only a few white collar crime cases per year?

only a few

What kind of offenders represent only a small proportion of criminal defendants? TBC.... The seriousness of a fine as a criminal sanction is meaningful only in relation to the harm caused and the resources of the organization fined. The average fine imposed on orgs totaled only 76% of the harm caused. The most common penalty imposed upon organizational is a fine. In many cases, corporations evade payment of their fines

organizational