The Handbook of White-Collar Crime ebook

Table of Contents

Cover

Notes on Contributors

Preface

References

Introduction

The White‐Collar Crime Concept

The Need to Move Beyond Debating What We Mean andExamine How It Impacts What We Know

The Outline of the Book

Conclusion

References

Section I: What Is White‐Collar Crime?

1 The “Discovery” of White‐Collar Crime

Introduction

The Life of Edwin Sutherland and His Rise to His Position as a Leading Criminologist

The Concept of White‐Collar Crime

White‐Collar Crime as Crime of the Upper Classes

Sutherland's Lasting Influence and Relevance

Conclusion

References

2 White Collar Crime

Introductory Observations

Defining White Collar

On the Definition of Crime Itself: Some Preliminary Observations

The Mainstream Definitional Bias of Crime

Defining White Collar Crime in the Wake of Sutherland

Definitions of White Collar Crime in Contemporary Textbooks

A Multi‐stage and a Typological Approach to Defining White Collar Crime

Concluding Observations

References

3 Measuring White Collar Crime

Why Does White Collar Crime Matter?

Why Is White Collar Crime So Difficult to Measure?

White Collar Crime: A Definitional Issue

White Collar Crime in Official Data

Other Considerations

Other Data Sources

White Collar Crime and the Issue of Regulatory Agencies

What Do We Know and What Should Be Done

References

Section II: Extent and Cost of White‐Collar Crimes

4 Types of Harm, Extent of Harm, and the Victims of Occupational Crimes

Introduction

Occupational Crime

Types and Extent of Harm

Crime Victims

Norwegian Sample

Yusuf Acar in the United States

Harriette Walters in the United States

Convenience Theory

The Shadow Economy

Conclusion

References

5 From Economic Crime to Corporate Violence

White‐Collar Criminals, Corporate Criminal Careers, and Harm to Social Trust in E.H. Sutherland's Seminal Work

The Apparent Harm: Economic Consequences of Corporate Crime

The Invisible Harm: Corporate Crime as Corporate Violence

Achilles and the Tortoise: Corporate Crime Shapeshifting and the Lagging Behind of Criminological Knowledge. Challenging Questions and Future Perspectives

References

6 Beyond State and State‐Corporate Crime Typologies: The Symbiotic Nature, Harm, and Victimization of Crimes of the Powerful and Their Continuation

Introduction

Overviews of the Fields of State and State‐Corporate Crime

The Problem of Abstract Typologies

Neoliberalism and the Banality of Everyday Life

Concluding Thoughts

References

Section III: What We Know About White‐Collar Offending

7 Who Commits Occupational Crimes?

Occupational Crime: Introducing the Concept

Identifying Occupational Criminals

Social and Demographic Characteristics of Occupational Criminals in the Past

Social, Demographic, and Criminal Characteristics of Contemporary Occupational Criminals

Causes of Occupational Crime

Conclusions

References

8 Who Commits Corporate Crime?

Introduction

Definitional Issues

Who Is Responsible?

Hidden Harms

Conclusion

References

Legal Cites

9 State‐Corporate Crimes

Introduction

States as Historically Embedded in Criminal Markets

State‐Corporate Crime

Beyond State‐Corporate Antagonism

Beyond Moments of Rupture

Discussion

References

10 Blurred Lines: Collusions Between Legitimate and Illegitimate Organizations

Introduction

Characteristics of Legitimate and Illegitimate Organizations

Organizational Goals and Strategy

Organizational Structure

Organizational Culture

Organizational Activities

Conclusions

References

11 Explaining White‐Collar Crime: Individual-Level Theories

Introduction

Rational Choice Theory

Social Learning Theory

A General Theory of Crime

General Strain Theory

Subcultural Theories

Conclusion

References

12 Organizational and Macro‐Level Corporate Crime Theories

Introduction

Overview of Corporate Crime

Organizational Theories

Macro‐Level Theories

Multi‐Level Theories

Conclusion

References

13 Integrated Theories of White‐Collar and Corporate Crime

Introduction

Background

A Survey of Integrated Theories of WCC

Themes in Current Integrated Theories

Conclusion

References

Section IV: Preventing and Punishing White‐Collar Crimes

14 Public Opinion About White‐Collar Crime

Public Ratings of the Seriousness of White‐Collar Crime

Public Willingness to Punish White‐Collar Crime

Focusing on Types of White‐Collar Crime

Conclusion: Time for a New Generation of Research

References

15 Preventing Corporate Crime from Within: Compliance Management, Whistleblowing, and Internal Monitoring

Introduction

Corporate Compliance Management Systems

Whistleblowers

Independent Internal Monitoring

Conclusion

References

16 Preventing and Intervening in White‐Collar Crimes: The Role of Law Enforcement

Introduction

White‐Collar Crimes in the Twenty‐First Century: What We Know, What We Need to Know

Some Key Analytical and Practical Questions

Who or What Should Be Targeted?

Who Has Ownership?

How Do We Evaluate White‐Collar Crime Prevention and Intervention by Law Enforcement?

Types and Sources of Data

Concluding Thoughts

References

17 Preventing and Intervening in White Collar Crimes: The Role of Regulatory Agencies

Introduction

Financial Regulation and White Collar Crime

The Financial Crisis and White Collar Crime

Market Manipulation

The United States

United Kingdom

Singapore

Conclusion

References

18 Prosecution, Defense, and Sentencing of White‐Collar Crime

Judicial Proceedings and White‐Collar Crime

Prosecution

Defense

Sentencing White‐Collar Criminals

Suggestions for Future Developments

References

19 The Correctional Experiences of White‐Collar Offenders

Introduction

Incarceration

Community Corrections

White‐Collar Offenders After Punishment

Punishing Corporate Offenders

Conclusions

References

20 Punishing Corporations

Background on Corporate Criminal Law

Legal Theories of Corporate Punishment

Economic Theories of Corporate Punishment

Individual Versus Corporate Liability and Punishment

Empirical Evidence on Corporate Punishment

Example of Corporate Punishment

Deterrent Effect of Punishment

Corporate Criminal Punishment Globally

Future Research and Policy Implications

References

Section V: White‐Collar Crime: An International Perspective

21 White‐Collar and Corporate Crime: European Perspectives

Introduction

Beginnings

Developments

Current Debates

Conclusion

References

22 White‐Collar and Corporate Crime in China

Introduction

Types of Crimes and the Significance of Corruption

Why Corruption Flourishes in China

Problems of Control

Case Studies

Conclusion

References

23 White‐Collar Crime in South and Central America: Corporate‐State Crime, Governance, and the High Impact of the Odebrecht Corruption Case

Introduction

The Odebrecht Case and Collaboration Agreements with the Criminal Justice System

Impact of the Odebrecht SA Bribes and Illegal Financing in Latin American Politics

Governing

through

Corruption in South and Central America

Implications for Future Theoretical, Policy, and Research Work

References

24 Prosecuting and Sentencing White‐Collar Crime in US Federal Courts: Revisiting the Yale Findings

Introduction

The Yale Studies

Prosecuting White‐Collar Crimes – An Early Advantage

White‐Collar Sentencing – Leniency or Liability?

The Present Study

Data and Findings

Discussion and Conclusion

References

25 Market Criminology: A Critical Engagement with Primitive Accumulation in the Petroleum Extraction Industry in Africa

Introduction

Market Criminology: A Prodigal Ontology

Historicizing Capitalist Predation in the Niger Delta

Primitive Accumulation in the Petroleum Extraction Industry in the Niger Delta: Extending the Circumference of Criminology to Market Rationality

Conclusion

References

26 Researching White‐Collar Crime: An Australian Perspective

Introduction

Some Background

Defining and Explaining White‐Collar Crime: An Australian Perspective

Fraud

Corporate Crime

Sentencing and Sanctions

Conclusion

Acknowledgements

References

27 Review of Comparative Studies on White‐Collar and Corporate Crime

Introduction

Comparative Research on White‐Collar and Corporate Crime

Comparative Studies of Several Countries and Regions on White‐Collar and Corporate Crime

Reasons for the Lack of Comparative Studies on White‐collar and Corporate Crime

The Future of Comparative Studies on White‐Collar and Corporate Crime

Conclusion

References

Section VI: Emerging White‐Collar Crime Issues

28 Technology's Influence on White‐Collar Offending, Reporting, and Investigation

Technology's Influence on White‐Collar Offending, Reporting, and Investigation

Defining Cybercrime

Cybercrime: A Unique Form of Occupational Offending

Differentiating Insider and External Attackers

Cybercrime Prevention

Discussion and Conclusion

References

29 The Elusiveness of White‐Collar and Corporate Crime in a Globalized Economy

Introduction

Globalization and White‐Collar and Corporate Crime

(Mis)Use of Corporate Vehicles for Financial Gain

Transnational Corporate Bribery

Environmental Crime in the Waste Industry

Concluding Thoughts

References

30 Controlling Corporate Crimes in Times of De‐regulation and Re‐regulation

Introduction

What Is Corporate Crime?

The Criminogenic Corporation: Capitalist Greed, Corporate Personhood, and Limited Liability

Law and the Reproduction of Corporate Harm

Regulation, Neoliberalism, and Regulatory “Orthodoxy”

Conclusion: Challenging State “Regimes of Permission”

References

Index

End User License Agreement

List of Tables

Chapter 4

Table 4.1 Neutralization techniques applied by white‐collar criminal Christer...

Chapter 7

Table 7.1 Social and demographic characteristics of white‐collar offenders by...

Table 7.2 Social and demographic characteristics of white‐collar offenders by...

Table 7.3 Demographic characteristics of white‐collar offenders by statutory ...

Table 7.4 Demographic characteristics of white‐collar offenders by statutory ...

Chapter 8

Table 8.1 Corporate crime case examples.

Chapter 13

Table 13.1 Integratedwhite‐collar crime (WCC) theories organized by met...

Chapter 14

Table 14.1 Framework for studying public punitiveness toward types of white‐c...

Chapter 20

Table 20.1 Distribution of criminal offense types.

Table 20.2 Median and mean criminal fines and total monetary sanctions impose...

Chapter 24

Table 24.1 Variable description.

Table 24.2 Logistic regression predicting any negotiated plea.

Table 24.3 Zero‐inflated negative binomial regression (ZINB) predicting sen...

List of Illustrations

Chapter 4

Figure 4.1 Estimation of the magnitude of different forms of financial crime...

Chapter 5

Figure 5.1 Causal loop diagram of corporate crime harm.

Chapter 20

Figure 20.1 The growth in the number of US corporate criminal settlements ov...

Chapter 24

Figure 24.1 Punishment for deviance by offense seriousness for low‐ and high...

Guide

Cover

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Wiley Handbooks in Criminology and Criminal Justice

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The handbooks in this series will be comprehensive, academic reference works on leading topics in criminology and criminal justice.

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The Handbook of White‐Collar CrimeEdited by Melissa L. Rorie

The Handbook of White‐Collar Crime

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Name: Rorie, Melissa L., 1981– author.Title: The handbook of white‐collar crime / Melissa L. Rorie.Description: First Edition. | Hoboken : Wiley‐Blackwell, 2020. | Series: Wiley handbooks in criminology and criminal justice | Includes index.Identifiers: LCCN 2019020000 (print) | LCCN 2019022228 (ebook) | ISBN 9781118774885 (hardback) | ISBN 9781118774793 (adobe pdf) | ISBN 9781118774830 (ePub)Subjects: LCSH: White collar crimes. | Commercial crimes. | Corporations–Corrupt practices. | BISAC: SOCIAL SCIENCE / Criminology.Classification: LCC HV6768 .R636 2019 (print) | LCC HV6768 (ebook) | DDC 364.16/8–dc23LC record available at https://lccn.loc.gov/2019020000LC ebook record available at https://lccn.loc.gov/2019022228

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Notes on Contributors

Michael L. Benson is a Fellow of the American Society of Criminology and Chair of the Division of White‐Collar and Corporate Crime. In 2017, he received the Gilbert Geis Lifetime Achievement Award from the Division of White‐Collar and Corporate Crime of the American Society of Criminology. The third edition of his book White‐Collar Crime: An Opportunity Perspective, co‐authored with Sally S. Simpson, was published in 2018.

Ignasi Bernat has been a lecturer at the University of Girona and the University of Surrey. His research and teaching interests are focused on corporate crime and colonial regimes of power. He is currently working at the Spanish National Distance University (UNED).

Steven Bittle is an Associate Professor of Criminology at the University of Ottawa, Canada. His research and teaching interests include crimes of the powerful, corporate crime, corporate criminal liability, safety crimes, and the sociology of law. He is the co‐editor (with Laureen Snider, Steve Tombs, and David Whyte) of Revisiting Crimes of the Powerful: Marxism, Crime and Deviance.

Ronald G. Burns is a Professor of Criminal Justice at Texas Christian University (TCU). He has published over 75 articles and eight books in areas including white‐collar crime, school violence, multiculturalism in the criminal justice system, and the criminal justice system. He graduated from Florida State University in 1997 and has been at TCU ever since.

George W. Burruss is an Associate Professor in the Department of Criminology at the University of South Florida. His main research interests focus on criminal justice organizations, cybercrime, and white‐collar crime. He received his doctorate in criminology and criminal justice from the University of Missouri–St. Louis.

Bryan Burton is an Assistant Professor in the Department of Criminology and Criminal Justice Studies at Sonoma State University. His work covers white‐collar and corporate crime, healthcare fraud and abuse (particularly in Medicare and Medicaid), healthcare regulation, and criminological theory.

Fiona Chan is a doctoral student and graduate research assistant in the School of Criminal Justice at Michigan State University. Formerly a public accountant specializing in external audit, her research interests focus on financial fraud and other forms of corporate and white‐collar crime. She currently holds a BS and MS in accountancy from Miami University and an MS in criminal justice from the University of Cincinnati.

Hei Lam Chio is a doctoral student in the School of Criminal Justice at the University of Cincinnati. Her research interests focus on white‐collar crime, spatial analysis, and crime prevention.

Cecilia Chouhy is an Assistant Professor in the College of Criminology & Criminal Justice in Florida State University. She received her PhD in criminal justice from the University of Cincinnati in 2016. Her main research interests include national and international studies of criminological theories, assessing the effectiveness of correctional interventions, and exploring different sources of public opinion. Her writings have appeared in different edited books and peer‐reviewed journals.

Mark A. Cohen is the Justin Potter Professor of American Competitive Enterprise and Professor of Law at Vanderbilt University. Much of his research focuses on the economics of crime and justice, including the cost of crime and understanding corporate criminal behavior and punishment. He previously served as senior research economist at the US Sentencing Commission and as Chairman of the American Statistical Association's Committee on Law and Justice. He received his PhD in economics from Carnegie‐Mellon University.

Francis T. Cullen is Distinguished Research Professor Emeritus and a Senior Research Associate in the School of Criminal Justice at the University of Cincinnati. He is author of Corporate Crime Under Attack: The Fight to Criminalize Business Violence, Combating Corporate Crime: Local Prosecutors at Work, and The Oxford Handbook of White‐Collar Crime. He is a past President of both the American Society of Criminology and the Academy of Criminal Justice Sciences.

Mary Dodge earned her PhD in 1997 in criminology, law and society from the University of California, Irvine. She is a Professor at the University of Colorado Denver in the School of Public Affairs. Her research interests include women in the criminal justice system, white‐collar crime, policing, prostitution, and courts. Along with Gilbert Geis, she co‐edited the book Lessons of Criminology and wrote Stealing Dreams: A Fertility Clinic Scandal. She also authored the 2009 book Women and White‐Collar Crime.

Ifeanyi Ezeonu is an Associate Professor of Sociology and Criminology at Brock University, Ontario, Canada. He has research interests in and has published on market criminology, organized crimes and violent armed groups (including youth gangs), the sociology of energy and natural resources, and market political economy in Sub‐Saharan Africa. He’s the author of Market Criminology: State‐Corporate Crime in the Petroleum Extraction Industry. His research works cover both North America and Sub‐Saharan Africa.

Adam D. Fine is an Assistant Professor of Criminology & Criminal Justice and Law & Behavioral Science at Arizona State University. He received his doctorate from the University of California, Irvine. His work focuses on perceptions of law and law enforcement, and the effects of justice system involvement. A recipient of the American Psychological Foundation's Visionary Grant, his recent work appears in Crime & Delinquency and Law and Human Behavior.

Gabrio Forti is Full Professor of Criminal Law and Criminology in the Università Cattolica del Sacro Cuore, Milan, Italy, where he is also Director of ASGP – Graduate School on Criminal Justice. His scholarship focuses on criminal negligence, corruption, organized and economic crime, criminology, media and crime, law and literature. Most recently, he directed a European research project resulting in the book Victims and Corporations. Legal Challenges and Empirical Findings. His latest publication is a book on the literary “care” of legal rules (La cura delle norme. Oltre la corruzione delle regole e dei saperi, 2018).

Angela Francis is currently a senior Lecturer at UWE. She initially trained as a solicitor, but later qualified as a barrister. She practised in Criminal and Employment law. Angela specialized in employment law, dealing with unfair dismissal and discrimination cases. Angela has also held a door tenancy whilst teaching, practicing in criminal and employment law. Angela currently teaches at University of West England, and she is an ATC accredited advocacy trainer.

Arie Freiberg is an Emeritus Professor of Law at Monash University, Australia. He was Dean of the Faculty of Law, Monash University, between 2004 and 2012. He has over 150 publications in the fields of sentencing, non‐adversarial justice, and regulation and is currently chair of both the Victorian and the Tasmanian Sentencing Advisory Councils.

David O. Friedrichs (retired) was Distinguished Professor of Sociology, Criminal Justice, and Criminology at the University of Scranton (Pennsylvania). He is the author of Trusted Criminals: White Collar Crime in Contemporary Society (4th edition); other books include (with Dawn L. Rothe) Crimes of Globalization and (with Isabel Schoultz and Aleksandra Jordanoska) Edwin H. Sutherland. He served as President of the White Collar Crime Research Consortium and received its Outstanding Publication Award.

Miranda A. Galvin received her PhD in criminology and criminal justice from the University of Maryland, College Park. Her primary research interests include white‐collar crime, criminal justice processing, and the impact of policy. She served as a 2018 Mirzayan Fellow at the National Academies of the Sciences, Engineering, and Medicine, where she worked with the Committee on Law and Justice. Her work has been published in journals such as Criminology & Public Policy and Justice Quarterly.

Adam K. Ghazi‐Tehrani is an Assistant Professor in the Department of Criminology & Criminal Justice at The University of Alabama. His work focuses on white‐collar, corporate, state, and cybercrimes; his recent publications are comparative and cover the Asian sphere.

Carole Gibbs is an Associate Professor in the School of Criminal Justice at Michigan State. Her research interests include white‐collar and corporate crime (particularly those with environmental impacts) and race, gender, and crime. She previously received the Young Scholar Award from the White‐Collar Crime Research Consortium and is currently Vice‐Chair of the Division of White‐Collar and Corporate Crime. Recent publications have appeared in the Journal of Criminal Law and Criminology and Law & Policy.

Petter Gottschalk is Professor in the Department of Leadership and Organizational Behavior at BI Norwegian Business School in Oslo, Norway. He has been the CEO at several companies, including ABB Datacables and Norwegian Computing Center. Dr. Gottschalk has published extensively on internal investigations, knowledge management, and white‐collar crime.

Jasmine Hébert is a PhD student in criminology at the University of Ottawa, Canada, where she studies the relationship between capitalist notions of sacrifice and corporate violence. Her MA thesis critically examined corporate manslaughter legislation in the United Kingdom.

Thomas J. Holt is a Professor in the School of Criminal Justice at Michigan State University specializing in cybercrime, policing, and policy. He received his PhD in criminology and criminal justice from the University of Missouri–St. Louis in 2005. He has published extensively on cybercrime and cyberterror with over 35 peer‐reviewed articles in outlets such as Crime & Delinquency, Sexual Abuse, The Journal of Criminal Justice, Terrorism and Political Violence, and Deviant Behavior.

Wim Huisman is Professor of Criminology at the Vrije Universiteit Amsterdam, Netherlands, and head of the VU School of Criminology. Also, Huisman is president of the Netherlands Society of Criminology and co‐Editor in Chief of Crime, Law and Social Change. Huisman is co‐founder of the European working group on Organizational Crime (EUROC), the white‐collar crime working group of the European Society of Criminology. His research interests are organizational and white‐collar crime, including fraud, corruption, environmental crime, and corporate involvement in atrocity crimes.

Ben Hunter is Associate Professor in Criminology in the School of Law at the University of Greenwich, UK. His research interests include white‐collar and corporate crime and desistance from offending. His recent books include White‐Collar Offenders and Desistance from Crime and (with Stephen Farrall, Gilly Sharpe, and Adam Calverley) Criminal Careers in Transition.

Cheryl Lero Jonson is an Assistant Professor in the Department of Criminal Justice at Xavier University. Her current research interests focus on the impact of prison on recidivism, incentivizing justice, the use of meta‐analysis to organize criminological knowledge, prison conditions, and active shooter responses. She has published over 35 articles as well as the books Correctional Theory: Context and Consequences, The American Prison: Imagining a Different Future, and The Origins of American Criminology.

Aleksandra Jordanoska is Lecturer at the Dickson Poon School of Law, King's College London. Her research focuses on misconduct and modes of governance in financial markets, regulation theory, and financial crime. She has published on complex fraud trials, policing bribery in financial markets, and white‐collar crime theory.

Tomomi Kawasaki is Professor in Criminal Law and Criminology in the Faculty of Law of Doshisha University in Kyoto, Japan. He holds both an MA and a PhD in law from Doshisha University. His research primarily focuses on corporate crime and corporate criminal responsibility from comparative perspectives.

Jay P. Kennedy is an Assistant Professor at Michigan State University, jointly appointed to the School of Criminal Justice and the Center for Anti‐Counterfeiting and Product Protection. He received his PhD in criminal justice from the University of Cincinnati in 2014. He has published over 20 peer‐reviewed manuscripts in a wide variety of outlets, including (but not limited to) Criminal Justice Review, Journal of Financial Crime, Maritime Economics & Logistics, and Organization Management Journal.

Zachery H. Kodatt received his Master's in criminology and criminal justice from Southern Illinois University Carbondale in 2016.

Nicholas Lord is Reader in Criminology at the University of Manchester, UK. His research focuses on white‐collar and corporate crimes of a financial and economic nature and the organization of serious crimes for gain, such as fraud and corruption in business. Recent books include Negotiated Justice and Corporate Crime (with Colin King) and Corruption in Commercial Enterprise: Law Theory and Practice (with Liz Campbell).

Corina Medley is a Lecturer in Criminology in the School of Law, Criminology and Government at the University of Plymouth, UK. She is an early‐career academic with research interests in the following areas: critical and cultural criminology, green criminology, capitalist realism and consumerism, sexuality, and animals and animality.

Michele Bisaccia Meitl is an Assistant Professor at Texas Christian University in the Department of Criminal Justice. She received her PhD from The University of Texas at Dallas in 2017 and is also a licensed attorney. Michele focuses her research on criminal law and procedure as well as the United States Supreme Court.

Henry N. Pontell is Distinguished Professor at John Jay College of Criminal Justice and the Graduate Center of the City University of New York, and Emeritus Professor at the University of California, Irvine. His writings span white‐collar and corporate crime, punishment and social control, comparative criminology, identity theft, and cybercrime. His most recent book (with Robert Tillman and William Black) is Financial Crime and Crises in the Era of False Profits.

Benjamin van Rooij is Professor of Law and Society at the Faculty of Law, University of Amsterdam, Netherlands, and Global Professor of Law at the University of California, Irvine. He studies and teaches about the interaction between law and behavior. His current research focuses on individual differences in compliance, toxic corporate culture, and assumptions about behavioral change. His work has appeared in academic journals including Law and Human Behavior and Regulation & Governance. He has also written in popular outlets including The New York Times and The Huffington Post.

Melissa L. Rorie is an Associate Professor of Criminal Justice at the University of Nevada‐Las Vegas (UNLV). Her research predominantly examines the impact of formal and informal controls on corporate and white‐collar offending. She is currently involved in a variety of projects that examine regulation and corporate compliance in the gaming industry, theoretical explanations for elite white‐collar and corporate crime, and quantitative research methodology. Her research has been published in Oxford Handbooks and Edward Elgar readers as well as a variety of peer‐reviewed journals, including: Crime, Law and Social Change, Criminology & Public Policy, Law & Policy, and the Journal of Quantitative Criminology.

Dawn L. Rothe is a Director and Professor at Florida Atlantic University, School of Criminology and Criminal Justice. She is the author or co‐author of 10 books including, most recently, The Violence of Neoliberalism: Crime, Harm and Inequality (2019), Explorations in Critical Criminology: Essays in Honor of William J. Chambliss (co‐authored with Victoria E. Collins, 2019), Crimes of the Powerful: An Introduction (co‐authored with David Kauzlarich, 2016), Toward a Victimology of State Crime (co‐authored with David Kauzlarich, 2015), and over 100 articles and book chapters. Her overall focus remains on issues of power, inequality, and the harms and violence of the powerful.

Nicholas Ryder is Professor in Financial Crime. Nicholas has published four monographs, edited collections, over 80 papers, and is the series editor for Routledge's The Law Relating to Financial Crime. His research has been sponsored by LexisNexis Risk Solutions, the City of London Police Force, ICT Wilmington Risk & Compliance, Universities South West, the France Telecom Group, and the Economic and Social Research Council. Nicholas is an invited contributor to symposia at the Law Commission, the Royal United Services Institute, PricewaterhouseCoopers, NATO, and UK Finance.

Isabel Schoultz is a Associate Senior Lecturer at the Sociology of Law Department, Lund University, Sweden. Schoultz’s main research interest lies within crimes of the powerful. She has – among other things – published on control of state crime and neutralizations of corporate crime, and has co‐authored a book (with David O. Friedrichs and Aleksandra Jordanoska) on Edwin Sutherland (2017).

Rachel E. Severson is a current doctoral candidate at the University of South Florida. Her research interests include mental health issues in the criminal justice system and mental illness/substance abuse and crime.

Sally S. Simpson is Professor in the Department of Criminology and Criminal Justice and Director of the Center for the Study of Business Ethics, Regulation, & Crime at the University of Maryland, College Park. She is President‐elect and honorary Fellow of the American Society of Criminology. Recipient of the 2018 American Society of Criminology Edwin Sutherland Award, Simpson's research focuses on the etiology and prevention/control of corporate crime. Author of several books and edited volumes, her work also appears in a variety of criminology, law, sociology, and business journals.

Arianna Visconti is Assistant Professor of Criminal Law and Law and the Arts at the Università Cattolica del Sacro Cuore, Milan, Italy, and coordinator for its Graduate School on Criminal Justice (ASGP). Her research covers defamation law, theory of punishment, organizational crimes, crimes against cultural heritage, law, and literature. She jointly coordinated a European research project resulting in the book Victims and Corporations. Legal Challenges and Empirical Findings, published in 2018.

Christian Walburg is a Lecturer at the Institute of Criminal Law and Criminology at the University of Münster, Germany. He received his PhD with a thesis on immigration and juvenile delinquency. His main research interests include economic crime and its regulation, criminal procedure, juvenile delinquency, and immigration and crime.

April Wall‐Parker is a former Research Associate with the National White Collar Crime Center (NW3C), where she worked from 2004 to 2018. Her work at NW3C spanned many research areas: the National Public Surveys on White Collar Crime, cybercrime, intellectual property crime, terrorism, and stress and trauma among cybercrime examiners, among others. She holds a Master of Science in criminal justice from Fairmont State University and currently works as a Research Coordinator with a regional non‐profit agency.

David Whyte is Professor of Socio‐legal Studies in the School of Law and Social Justice, University of Liverpool, UK. His research and teaching interests are focused on the connections between law and corporate power. He is currently a Leverhulme Major Research Fellow (2017–2019).

Karin van Wingerde is an Assistant Professor of Criminology at Erasmus School of Law, Erasmus University Rotterdam, Netherlands. Her research focuses on the interplay between regulation and enforcement and the behavior of and within business firms. Recent research topics include risk‐based regulation in occupational health and safety, the misuse of corporate vehicles for gain, and effective means of punishment for organized crime.

Diego Zysman‐Quirós is an Associate Professor of Criminal Law and Criminology, Faculty of Law, Universidad de Buenos Aires, Argentina, and he is Adjunct Professor of Queensland University of Technology, Australia. He has a Master's and PhD from Universidad de Barcelona, Spain, and is currently a criminal law attorney. He has served as a Judge and High Law Clerk of Criminal Court in Penal Economic Matters, Buenos Aires. He has authored two books, edited two books, and written numerous chapters and journal articles.

Preface

Melissa L. Rorie

Philosopher Thomas Reid once wrote:

There is no greater impediment to the advancement of knowledge than the ambiguity of words. To this chiefly it is owing that we find sects and parties in most branches of science, and disputes, which are carried on from age to age, without being brought to an issue.

(Reid et al. 1850, p. 1)

This quote succinctly encapsulates the motivation for organizing the Handbook of White‐Collar Crime in its current form. White‐collar criminology has struggled with conceptualizing its primary outcome of interest since Sutherland coined the term “white‐collar crime” in 1939. Ultimately, I believe that a failure to define any concept results in confusion surrounding how best to observe, record, understand, and improve that concept. This struggle is not unique to white‐collar crime, but the failure to clearly conceptualize the term has – in my humble opinion – stymied research and practice in this domain.

Definitional ambiguity means that the behaviors considered “white‐collar crimes” by one person likely differ from another person's imagery of the term. In other words, if people consider white‐collar crime to be “… a violation of criminal law by a person of the upper socio‐economic class in the course of his occupational activities” (Sutherland 1941, p. 112), their recommendations for researching and preventing such crimes will diverge from proposals by someone who defines such crimes as “… an illegal act or series of illegal acts committed by nonphysical means and by concealment or guile, to obtain money or property, to avoid the payment or loss of money or property, or to obtain business or personal advantage” (Edelhertz 1970, p. 3). Adhering to the first definition would promote closer monitoring and enforcement of behaviors by the elites in society, while following the second definition would motivate the examination of common property crimes like credit card fraud or welfare fraud as well as upperworld business frauds. Some argue that the powerful in society use the latter (offense‐based) type of definition to their advantage; social control agents tout their efforts to combat white‐collar crime, yet such efforts have primarily targeted low‐level individuals and fail to address systemic violations and their widespread harms (Pontell 2016). Others argue that prioritizing an offender's status constitutes “antimiddle‐class bias” and widens the criminological net to include immoral but not necessarily illegal behaviors (Toby 1979, pp. 519–520). Ultimately, in failing to decide what the focus should be, white‐collar criminologists risk being ineffective in their recommendations for research and policy.

This handbook covers the usual topics found in discussions of white‐collar crime – who the offenders are, who the victims are, how we punish these crimes, theoretical explanations, etc. However, most of the authors were encouraged to think about how the “usual” understanding of these topics is impacted by one's conceptualization of white‐collar crime, using Friedrichs's (1992) typology (described in more detail in the following chapters) to delineate such knowledge. As reviewed early in the book, criminologists have spent the past 75 years or so debating about the most appropriate definition, but far less time has been dedicated to thinking about how the choice of one definition over another affects the knowledge that we have. As demonstrated in a recent meta‐analysis on corporate crime deterrence (Rorie et al. 2018), the way one conceptualizes these crimes (not surprisingly) impacts the measurement choices one makes. Measurement decisions, in turn, obviously have implications for one's findings and conclusions. Failing to find common ground on a definition means that disparate findings will continue to impede knowledge building. Breaking down crimes into different categories is a great first step, but even within those categories there are a wide variety of behaviors that constitute the domain of interest.

In addition to examining definitional issues, the current handbook is unique for a few other reasons. First, I specifically sought out non‐Western perspectives on white‐collar crime. In fact, in the section comprising international perspectives, research from all continents outside of Antarctica is discussed. There is also a chapter discussing the need for more comparative research on the topic. Second, I recruited a diverse group of authors with regards to career trajectory. There are world‐renowned experts in the field as well as relatively new voices making contributions to this handbook. Third, the last section of this handbook discusses emerging topics in the field. By including this section, I hoped to orient future research endeavors toward “urgent matters” in the current political and social climate. Finally, the authors were encouraged to avoid jargon and make the book approachable for more junior scholars; that said, the topics addressed throughout make great contributions to the white‐collar crime canon and are relevant to scholars at all stages of their careers.

I sincerely hope that this book's approach further encourages an appreciation for the role of conceptualization in white‐collar crime scholarship. I am incredibly indebted to the scholars who have written extensively on this topic beforehand – some agreeing that definitional ambiguity is a hindrance, others arguing that it is not problematic. These scholars stimulated my interest in definitional issues, in addition to impressing upon me the importance of studying these crimes more generally. Sally S. Simpson, David O. Friedrichs, John Braithwaite, Michael L. Benson, Wim Huisman, Mark A. Cohen, and Judith van Erp are some of the primary names that come to mind, although I’m sure I’m missing quite a few people. I'd also like to acknowledge the chapter authors, all of whom accepted my suggestions with aplomb and worked incredibly hard to achieve the primary objectives of the book. I'd like to recognize some of my “early‐career” peers and University of Maryland colleagues (many of whom are chapter authors) for providing such great support throughout the years – Karin van Wingerde, Jay P. Kennedy, Aleksandra Jordanoska, Natalie Schell‐Busey, Carole Gibbs, and Nicholas Lord. It has been wonderful to work with all of you, both formally and informally. Finally, I am so grateful to the series editor, Charles Wellford, who gave me the chance to work on this volume and provided invaluable guidance throughout the process. I have learned a tremendous amount and have met many incredible scholars, all of whom share a passion for research and practice that is unparalleled.

References

Edelhertz, H. (1970).

The Nature, Impact, and Prosecution of White‐Collar Crime

. Washington, DC: U.S. Government Printing Office.

Friedrichs, D.O. (1992). White collar crime and the definitional quagmire: a provisional solution.

The Journal of Human Justice

3: 5–21.

Pontell, H.N. (2016). Theoretical, empirical, and policy implications of alternative definitions of “white‐collar crime”. In:

The Oxford Handbook of White‐Collar Crime

(ed. S.R. Van Slyke, M.L. Benson and F.T. Cullen), 39–56. New York: Oxford University Press.

Reid, T., Walker, J., and Hamilton, W. (1850).

Essays on the Intellectual Powers of Man

. Cambridge: J. Bartlett.

Rorie, M., Alper, M., Schell‐Busey, N., and Simpson, S.S. (2018). Using meta‐analysis under conditions of definitional ambiguity: the case of corporate crime.

Criminal Justice Studies

31: 38–61.

Sutherland, E.H. (1941). Crime and business.

The Annals of the American Academy of Political and Social Science

217: 112–118.

Toby, J. (1979). The new criminology is the old sentimentality.

Criminology

16: 516–526.

Introduction

Melissa L. Rorie

The White‐Collar Crime Concept

In 1939 (published in 1940), Edwin Sutherland used his speech to the American Sociological Society to focus on crimes by upper‐status offenders, bringing these crimes front and center in sociological and criminological research. He called such offending “white‐collar crime” and – through such a concise, descriptive catchphrase – coalesced the sentiments of himself and others (e.g. Charles Henderson, E.A. Ross, muckrakers; see Geis 2016) that crimes are not simply the territory of the poor and disenfranchised. He later elaborated on the term in his 1949 book titled White‐Collar Crime by defining it as “crime by a person of high social status and respectability in the course of his occupation.” He could not have predicted the everlasting impact of his word choice and his attempts to illustrate the types of crimes that fall under the purview of white‐collar offender (Geis 2016). Sutherland's decision to focus on the characteristics (i.e. status) of the offender and his use of regulatory, civil, and criminal corporate violations as the primary empirical support for his main points created fundamental schisms in scholarship that remain present, even 80 years after he coined the term.

Historical reviews of the definitional debates in this domain are provided in Section I of this handbook as well as elsewhere (see, e.g., Coleman 2005; Kramer 1984; Simpson 2013; Shover and Cullen 2008), but here it is important to note that white‐collar crime can be thought of as an umbrella term that encompasses a wide variety of behaviors. Of most import for this volume, David O. Friedrichs (1992) developed a typology of white‐collar offending in which violations can be classified as Corporate Crime, Occupational Crime, Governmental Crime, State‐Corporate Crime, and “Residual” forms of white‐collar crime (Friedrichs 2009). Much more detail on these is provided in his chapter in this volume (Chapter 2), but it is likely obvious from the Table of Contents that the current volume uses his approach as a framework for discussing the impact of definitional ambiguity. That said, one conspicuous variation in Friedrichs's scholarship and others’ (including the present author’s) is that he omits the hyphen when employing the term “white collar crime.” As he states (2009, xxviii), the use of the hyphen “… suggests too literal a reading of the term, which is better thought of as a metaphor.” He also notes, however, that even Sutherland was inconsistent in the use of that punctuation mark.

The Need to Move Beyond Debating What We Mean andExamine How It Impacts What We Know

After decades of deliberation, white‐collar crime scholars generally seem to have resigned themselves to choosing which definition or type of white‐collar crime best fits each specific research question or study they are working on at the time. This is problematic because allowing scholars to simply pick which definition serves their specific purpose at one point in time removes the motivation to look critically at how definitional ambiguity impacts our ability to build knowledge about these unique offenses. One study of white‐collar crime is likely to look very different from another study of white‐collar crime because definitional choices impact the types of samples a researcher wants to study, the types of data a researcher needs to test their research questions, and ultimately the findings of their research endeavor (Rorie et al. 2018). For example, the Yale Studies on White‐Collar Crime in the 1970s (see, e.g., Mann 1985; Shapiro 1987; Weisburd et al. 1995, 2001; Wheeler et al. 1988) relied on “offense‐based” definitions that reflected their use of existing criminal justice data and criminal justice actors (see also Edelhertz 1970; Edelhertz and Overcast 1982). In taking an “offense‐based” approach (similar to what Shover and Cullen have called a “Patrician” approach) that adheres to existing law enforcement agencies' definitions of crime, scholars argue that those research efforts “trivialize” white‐collar crimes and its impacts (Pontell 2016), ignore why certain behaviors (especially those of “elites” in society) are criminalized while others are not, and neglect the public opinion research indicating that citizens view white‐collar crimes to be as serious as more traditional crimes (Shover and Cullen 2008). On the other hand, scholars in the “Populist” camp using mainly “offender‐based” definitions tend to study crimes by entities seen as “respectable” in larger society, argue that people need to think about behaviors beyond those of focus to law enforcement agencies, and emphasize the public's desire to see white‐collar crimes punished to the same extent as harmful traditional crimes (Shover and Cullen 2008). To the extent that a scholar's research questions are guided by their fundamental beliefs about the criminalization of behaviors, governmental capture by powerful interests, and the appropriate scope of criminological research, so too do these beliefs guide their choice of a white‐collar crime definition.

To that end, current white‐collar crime research papers generally begin with a description of what they mean by the term, but the authors of those manuscripts all too often fail to elaborate on how their definition impacted data collection efforts, analytical decisions, and – ultimately – their findings and conclusions (see Rorie et al. 2018). Furthermore, there is little discussion in the discipline as a whole about the impact of definitional ambiguity on research and knowledge building. If we continue to see the definition of white‐collar crime simply as a choice made by the authors, we will be unable to build a body of science that meaningfully informs policy and theory – it is hard to prevent crime if you are unsure what crime it is that you are looking for. Specifically, Simpson (2019) notes that how we define white‐collar crime impacts: how we think about it (e.g. the Patrician/Populist conflict discussed above); what we know about white‐collar offenders' experiences in justice systems (e.g. Galvin 2018); what we know about how best to prevent or deter white‐collar crime (Rorie et al. 2018); and – ultimately – the perceived urgency to make data accessible on all white‐collar crimes beyond those listed in the Uniform Crime Reports. Thus, as part of an overview of the discipline, this handbook examines how the types of crime and/or offenders included in one's definition might impact typical topics in the white‐collar crime domain. Specifically, we detail how failing to clearly conceptualize white‐collar crime creates vagueness in our knowledge of who commits crime, who is victimized by such crimes, and what we can do about them. In addition, we include an international perspective (with chapters focused on white‐collar crime research in six continents) and examine “emerging issues” in the field.

We are both broad in scope and specific in this volume. We compile the major research topics in white‐collar crime scholarship in one place while also encouraging some definitional clarity to the term “white‐collar crime” by distinguishing between the four main types of crimes (occupational, corporate, government, state‐corporate) falling under Friedrichs's (2009) typology. There are other types of white‐collar crimes, of course (see Black 2005; Brody and Kiehl 2010; Edelhertz 1970; Friedrichs 2017; Green 1990), but those are the four categories that seem to appear most often in the literature. The handbook provides an overview of the primary issues involved in understanding and teaching on the topic of white‐collar crime. Topics covered in this handbook include the origins of white‐collar crime study, definitional ambiguity surrounding the term white‐collar crime, complications in research and measurement, the extent and harm caused by such crimes, who the offenders and victims are, theories of offending, prevention and intervention strategies, the study of white‐collar crime internationally, and emerging issues in this field. What is unique about this volume, however, is that it encourages readers to think about important differences between those four types of white‐collar crimes mentioned above.

This handbook provides a “one‐stop shop” for readers who want an overview of research on white‐collar crime. As such, a variety of perspectives and types of offending are represented here throughout. Specifically, we elicited chapters from authors relatively new to the field (as well as those firmly established as experts), located in countries around the world, and with different areas of expertise. We believe such a broad overview of the field can serve a variety of purposes. Although the authors almost exclusively hail from academia, they were charged with writing these chapters to be approachable for undergraduate students, practitioners, and the public – but to also contain information relevant for advanced academic scholars. It is our hope, therefore, that a wide variety of people and purposes are served by this book.

The Outline of the Book

The book is separated into six different sections. In Section I, three chapters provide a broad overview of white‐collar crime and its study, introducing the reader to the origins of the field, the theme of definitional ambiguity, and the unique obstacles white‐collar crime researchers face. In Chapter 1, Aleksandra Jordanoska and Isabel Schoultz discuss the importance of Edwin Sutherland's work in carving out the white‐collar crime niche and his criticisms of the young field of criminology. They also detail the enduring nature of his influence, drawing on their recent survey of current white‐collar crime scholars who were asked about how Sutherland continues to influence criminology decades after his passing. Chapter 2 provides the template for the book's attention to definitional issues – in this chapter, David O. Friedrichs reviews his well‐known typology of white‐collar and corporate crimes, as well as the various motives driving scholars' choice of terms. He ultimately concludes that an attempt to derive a single definition is in vain – researchers would be best served by choosing the term that serves their purposes, while students of white‐collar crime research must be cautious when consuming scholarship. In Chapter 3, April Wall‐Parker discusses the difficulties facing white‐collar crime researchers, including the definitional ambiguity of the term as well as the lack of a systematic database. She provides many alternative data sources that might be fruitful for studying specific types of crimes but concludes that definitional ambiguity will continue to hurt data collection efforts and stymie policymaking.

Section II reviews what is known about the harms caused by white‐collar crime, broken down by specific crime types. Petter Gottschalk discusses the harms caused by occupational crime in Chapter 4, paying special attention to cases in the Netherlands and explaining victimization using his “Convenience Theory.” In Chapter 5, Gabrio Forti and Arianna Visconti discuss the multifaceted nature of corporate crime victimization, detailing how corporate harms feed back into various nodes (e.g. social inequality, social morale, social disorganization) and emphasizing the interrelated nature of structural elements of society with corporate criminality. In Chapter 6, Dawn L. Rothe and Corina Medley discuss the harms caused by crimes of the powerful, including malfeasance by state actors as well as state‐corporate crimes. They offer a critique of the terms “state crime” and “state‐corporate crime,” noting that the relationships between the state, corporations, and consumers themselves are overlooked when creating typological definitions.

Section III moves our attention from victimization to offending, reviewing the literature describing white‐collar offenders. Much previous research acknowledges that the demographics of offenders vary by the type of white‐collar crime being studied (Klenowski and Dodson 2016; Weisburd et al. 2001); the chapters here elaborate on those differences. In Chapter 7, Michael L. Benson and Hei Lam Chio discuss what is known about the demographics of occupational offenders, using federal crime statistics. They find that demographic correlates for occupational offending have changed since the Yale Studies, and the criminal careers of these offenders are surprising. Mary Dodge describes corporate crime offenders in Chapter 8. She outlines major definitional and methodological obstacles in identifying who is responsible for these crimes, ultimately relying on case studies to explore offending motivations and potential prevention strategies. Ignasi Bernat and David Whyte attend to the individuals and organizations who commit state and state‐corporate crimes in Chapter 9. They begin with a review of the history of state involvement in criminal enterprises as well as the use of such illegitimate organizations by states for their own “defense” purposes. They then review the state crime and state‐corporate crime literature, but – like Rothe and Medley in Chapter 6 – argue that we must not oversimplify the nature of the private–public relationship. Bernat and Whyte posit that we must look beyond those obvious moments (i.e. crises) signifying that the relationship has gone wrong; we must instead recognize that corporate crimes are part of the normal business routines and relationships that flourish in state‐sponsored capitalist economies. Of course, it must also be recognized that legitimate organizations (e.g. corporations and governments) continue to be complicit (if not directly involved) in crimes by illegitimate organizations (e.g. gangs or cartels). Wim Huisman discusses those relationships in Chapter 10, highlighting the “conceptual conflation” surrounding the study of corporate crime and organized crime as well as articulating the similarities and differences of the two research domains.

Also in Section III, we provide an overview of many theories explaining why white‐collar crime occurs. As opposed to explicitly differentiating by types of crime, Chapters 11–13 instead break theories down by the unit of analysis. Chapter 11, by Rachel E. Severson, Zachary H. Kodatt, and George W. Burruss, focuses on individual‐level theories. They note that most theories at this level purport to explain both “traditional crimes” and white‐collar crimes, and emphasize how definitional ambiguity and data limitations in the study of white‐collar crime hamper our ability to establish the explanatory power of any theory. In Chapter 12