Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime

Similar documents
Ethics in Criminal Justice. CJ 3750 Professor James J. Drylie Week 5

In the Indiana Supreme Court

Business Financial Crime: Theories of Motivation

INTEGRATED BAR OF THE PHILIPPINES COMMISSION ON BAR DISCIPLINE GUIDELINES FOR IMPOSING LAWYER SANCTIONS A. PURPOSE AND NATURE OF SANCTIONS

Ethics in International Business

PROCEDURAL FAIRNESS IN DISCIPLINARY ENQUIRIES AND PRE-EMPTIVE RESIGNATIONS

Lesson 4. Preventing and Policing White-Collar Crime

in The Oxford History of the Laws of England: Volume XIII: Fields of Development

CRMJ 1010 Introduction to Criminal Justice

OVERVIEW OF BAR DISCIPLINE DIVERSION PROGRAMS (Prepared May 23, 2007) 1

Chapter Four. Ethics in International Business. Introduction. Ethical Issues in International Business

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 3.1 What Is a Crime?

Criminal Justice (CRJU) Course Descriptions

Building Public Trust: Ethics Measures in OECD Countries

People v. J. Bryan Larson. 13PDJ031. October 18, 2013.

Fraud Prevention and Deterrence

Leonard W. Vona, CPA, CFE

GENERAL ASPECTS OF CRIMINAL LAW

Chapters 6 & 7 Groups and Deviance

Criminal Liability of Companies Survey. South Africa Bowman Gilfillan

INSTRUCTION. Course Package AJS 225 CRIMINOLOGY PRESENTED AND APPROVED: DECEMBER 7, 2012 EFFECTIVE: FALL MCC Form EDU 0007 (rev.

Criminal Justice Curriculum Maps. Unit 1: Introduction to Government and Law Unit 2: Crime Unit 3: Due Process

SUPREME COURT OF WISCONSIN

Department of Justice Revises Policies Regarding Waiver of Privilege. Gabriel L. Imperato, Esq.*

LUZERNE/SCHUYLKILL WORKFORCE INVESTMENT BOARD CORPORATE COMPLIANCE/ETHICS PLAN

VANTAGE HEALTH PLAN FACILITY CREDENTIALING APPLICATION

grand larceny robbery vandalism arson victimless crimes white-collar crimes community policing probable cause arrest warrant own

Written Statement of Lawrence S. Goldman

In the Matter of the Reinstatement Petition of Irving A. August, P-10296, Petitioner/Appellant. ADB Decided December 22, 1989 BOARD OPINION

15, 2007 CHAPTER 7: DEVIANCE AND SOCIAL CONTROL

THOMSON PRESS (INDIA) LIMITED VIGIL MECHANISM & WHISTLE BLOWER POLICY

Crimes. The Criminal Law. Nature of Crime

Public Integrity Criminal Law for the Municipal Attorney By Julia Davis

The Legal System in the United States

Whistle Blower Policy National Engineering Industries Limited.

OIG Hotline. Overview Examples of Allegations That Should Be Reported to the OIG Hotline Guidelines for Reporting Fraud...

BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO. /rxy. OVERVIEW

Peter Tom, Justice Presiding, Angela M. Mazzarelli Eugene Nardelli Luis A. Gonzalez Bernard J. Malone, Jr., Justices.

There is an inherent flaw in the United States criminal justice system. The

Chapter 3. The Nursing Assistant. Elsevier items and derived items 2014, 2010 by Mosby, an imprint of Elsevier Inc. All rights reserved.

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS

UNIT 22: Care and rehabilitation of offenders (LEVEL 3)

How To Choose Between The Law Firm And The Mob In \"The Firm\"

Criminal Law. Month Content Skills August. Define the term jurisprudence. Introduction to law. What is law? Explain several reasons for having laws.

How to Avoid Committing Plagiarism in Law School

Advanced Topics in Criminal Law Seminar Credits: 2

SEATTLE INTELLECTUAL PROPERTY AMERICAN INN OF COURT ETHICS MAY 21, 2015

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE

SUPREME COURT OF LOUISIANA NO. 00-B-3082 IN RE: LESTER J. NAQUIN, III ATTORNEY DISCIPLINARY PROCEEDINGS

Your Rights as a Complainant in the Grievance Process State of Connecticut Judicial Branch

Express June r3

Chapter 7 Quiz. 1. Sherron Watkins was the individual who blew the whistle on WorldCom's illegal activities. True False

Criminal Justice news ~ from Saint Leo to you. we are Saint Leo!

GENERAL UNIVERSITY POLICY APM REGARDING ACADEMIC APPOINTEES University Policy on Faculty Conduct and the Administration of Discipline

SUPREME COURT OF WISCONSIN

In December 2006, the Department. Department of Justice revises prosecution policies, confirms importance of effective compliance plans

RESPONSIBILITIES OF COUNTY ATTORNEYS AND ASSISTANT COUNTY ATTORNEYS

CRIMINAL JUSTICE POLICING IN AMERICA

Barry J. Pollack. Member

UNIVERSITY OF ST ANDREWS. POLICY November 2005

INTRODUCING THE ESSENCE OF LAWYERING IN AMERICA TO CHINESE LAW STUDENTS. Lawrence K. Hellman Dean and Professor of Law Oklahoma City University

A summary of administrative remedies found in the Program Fraud Civil Remedies Act

CORPORATE LIABILITIES AS A CONSEQUENCE OF CRIMINAL OFFENCES IN ITALY: LEGISLATIVE DECREE NO. 231/2001

COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT FOR THE COMMONWEALTH. No. S.J.C IN THE MATTER OF SAMUEL J. CONCEMI

Examples of CrimeS. Rationales for Criminal Punishments Deterrence Retribution Restraint Rehabilitation. Chapter 7 Crime

Tax-Exempt Organizations Alert: Whistleblower Policies

Provider Beware The Collateral Consequences of a Guilty Plea

SYLLABUS. In the Matter of Philip V. Toronto, an Attorney at Law (D-95-96)

INTEGRITY & FRAUD RISK POLICY

OPINION NO March 7, 1991

Lecture Notes: Capital Punishment

NO. 00-B-3532 IN RE: LEONARD O. PARKER, JR ATTORNEY DISCIPLINARY PROCEEDINGS

CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?

Chapter 15 Criminal Law and Procedures

C R I M E Felony and misdemeanor Crimes against the state

Chapter 7. Deviance. What is Deviance?

Fundamentals of Criminal Law (CRIJ 1310) Online

MERCER COUNTY BAR ASSOCIATION XTREME CLE. 2.0 NJ CLE Credits. Charles Centinaro, Esq., Director of Attorney Ethics

Chapter 4 Legal Ethics

CRIMINAL LAW I 1. SUBJECT DESCRIPTION

GLOSSARY OF SELECTED LEGAL TERMS

PENALTIES AND OTHER REMEDIES FOR ENVIRONMENTAL VIOLATIONS: AN OVERVIEW

Course Law Enforcement I. Unit III United States Legal Systems

TM Nightingale. Home Healthcare. Fraud & Abuse: Prevention, Detection, & Reporting

INSIDER TRADING. a. Charles Fogarty d. Texas Gulf Sulphur. b. Martha Stewart e. U.S. Security and Exchange Commission

Vicarious liability of a charity or its trustees

UNIVERSITY OF MARYLAND WHISTLEBLOWER POLICY ON REPORTING FISCAL IRREGULARITIES, ILLEGAL ACTIVITY, AND VIOLATIONS OF POLICY

Battered Women's Legal Advocacy Project, Inc.

Dr. Jonathan Passmore s Publications Library:

Social control 5/17/2002 2

TONE AT THE TOP: HOW MANAGEMENT CAN PREVENT FRAUD IN THE WORKPLACE

The United States spends more than $1 trillion each year on healthcare

Senate Bill 50 (S-1) would amend the Code of Criminal Procedure to add the felonies proposed by Senate Bill 49 (S-1) to the sentencing guidelines.

Jury Duty and Selection

An organizational ethics management program The context of an organization s whistle-blowing program

NEW HAMPSHIRE E SCHOOL BOARDS ASSOCIATION Theodore E. Comstock, Executive Director Barrett M. Christina, Staff Attorney

GOVERNMENT TOOLS TO ENCOURAGE ETHICAL CONDUCT OF THEIR CONTRACTORS

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

Transcription:

University Press Scholarship Online You are looking at 1-10 of 34 items for: keywords : white-collar crime The Meaning of White-Collar Crime acprof:oso/9780199225804.003.0002 This chapter begins with a discussion of the three critical issues in defining white-collar crime. It then considers the offenses that should be regarded as white-collar crimes, and salvaging white-collar crime as a concept of law and legal theory. Retributivism: An Inferior Practice John Braithwaite and Philip Pettit in Not Just Deserts: A Republican Theory of Criminal Justice Published in print: 1992 Published Online: October 2011 ISBN: 9780198240563 eisbn: 9780191680205 acprof:oso/9780198240563.003.0009 This chapter shows that retributivism is incapable of dealing with the complexities of modern society, in particular complexities associated with white-collar crime. It argues that the just deserts model is neither desirable nor feasible as a response to such crime, and that its implementation would have the practical effect of increasing rather than decreasing certain unjust inequalities. Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime Stuart P. Green Item type: book acprof:oso/9780199225804.001.0001 Page 1 of 5

The picture of crime that dominates the popular imagination is one of unambiguous wrong-doing manifestly harmful acts that are clearly worthy of condemnation. The accompanying picture of the criminal the thief, the murderer is a picture of society's failures, to be cast out and re-integrated through a process of punishment and penance. Our understanding of white-collar crime, by contrast, is pervaded by moral and imaginative ambiguity. Such crimes are committed by society's success stories, by the rich and the powerful, and frequently have no visible victim at their root. The problem of marrying these disparate pictures has led to a confusion of the boundaries of white-collar crime. How is it possible to distinguish criminal fraud from mere lawful puffing, tax evasion from tax avoidance, insider trading from savvy investing, obstruction of justice from zealous advocacy, bribery from log rolling, and extortion from hard bargaining? How should we, as scholars and students, lawyers and judges, law enforcement officials and the general public, distinguish the lawful from the unlawful, the civil from the criminal? This study exposes the ambiguities and uncertainties that pervade the white-collar crimes, and offers an approach to their solution. Drawing on recent cases involving such figures as Martha Stewart, Bill Clinton, Tom DeLay, Scooter Libby, Jeffrey Archer, Enron's Kenneth Lay and Andrew Fastow, and the Arthur Anderson accounting firm, this book weaves together disparate threads of the criminal code to reveal a complex web of moral insights about the nature of guilt and innocence and what, fundamentally, constitutes conduct worthy of punishment by criminal sanction. Trust and Betrayal Richard L. Abel in Lawyers in the Dock: Learning from Attorney Disciplinary Procedings Published in print: 2008 Published Online: January 2009 ISBN: 9780195374230 eisbn: 9780199871803 acprof:oso/9780195374230.003.0001 All of social life depends on trust, which often is best understood through its betrayal. The literature on white collar crime delineates its distinctive characteristics; case studies of embezzlement in the United States and fiddling in England illuminate the ways in which trusted employees and agents betray their principals. This offers a framework for the study of lawyer deviance. Disciplinary proceedings against New York lawyers eventuating in findings of guilt and suspension or disbarment are public records. Aside from misappropriation of client funds (which displays predictable behavior) and the miscellany of felonies, the most Page 2 of 5

common and important categories of lawyer deviance are client neglect, overcharging, and excessive zeal. Some Generalizations About the Moral Content of White-Collar Crime acprof:oso/9780199225804.003.0003 This chapter begins the task of looking at white-collar crime through the lens of criminal law theory. It discusses the place of retribution in criminal law theory and moral ambiguity in white-collar criminal law. A Three-Part Framework for Analysis acprof:oso/9780199225804.003.0004 This chapter focuses on three kinds of moral element found in any criminal offense: (1) mens rea (or omission of mens rea), (2) harmfulness, and (3) moral wrongfulness. This three-part framework is used as an analytical framework for describing white-collar crime's moral complexity. Conclusion acprof:oso/9780199225804.003.0022 This chapter presents some concluding thoughts from the author. It is because white-collar criminal law is informed by everyday moral concepts such as cheating, deceiving, coercing, and the like that its moral character can seem so ambiguous. But such ambiguity should Page 3 of 5

not dissuade us from its study. The white-collar offenses constitute an increasingly important part of our criminal law. If we are to really understand that law, we have no choice but to continue exploring the complex relationship between it and morality. Introduction Donald Palmer in Normal Organizational Wrongdoing: A Critical Analysis of Theories of Misconduct in and by Organizations Published in print: 2012 Published Online: May 2012 ISBN: 9780199573592 eisbn: 9780191738715 acprof:oso/9780199573592.003.0001 This chapter very briefly outlines the book's five contributions. First, the book identifies two broad perspectives on organizational wrongdoing and misconduct, conceived broadly as corporate crime, white-collar crime, unethical behavior, and socially irresponsible behavior. One perspective characterizes wrongdoing as an abnormal phenomenon, and the other characterizes it as a normal one. Second, it elaborates two general approaches to analyzing the causes of organizational wrongdoing. One is dominant in the field today, and the other represents an emerging alternative view. Third, it delineates eight specific explanations of organizational wrongdoing. Two explanations are associated with the abnormal perspective and dominant approach, five are associated with the normal perspective and alternative approach, and one occupies a bridging position. Fourth, the book illustrates these perspectives, approaches, and explanations with rich case material. Fifth, it explores the implications of the theoretical ideas presented for those interested in curbing wrongdoing in and of organizations. Introduction acprof:oso/9780199225804.003.0001 This introductory chapter begins with a discussion of the moral complexity and uncertainty associated with white-collar crime. It presents two recent cases of alleged criminality to illustrate these issues: Page 4 of 5

the case of Tom DeLay and the case of Bill Clinton. An overview of the three parts of the book is presented. Disloyalty acprof:oso/9780199225804.003.0009 The significance of the norm against disloyalty (and the closely related concept of breach of trust) to our understanding of white-collar crime has been both over- and underestimated in the scholarly literature. On one hand, there are writers, such as Susan Shapiro, who have argued that violation of trust is the defining characteristic of white-collar crime. On the other hand, there are scholars such as John Coffee who have expressed considerable skepticism about the role that breach of trust should play in the criminal law. A more accurate assessment would arrive at a conclusion somewhere between these extremes. While the concept of disloyalty does play a significant role in defining certain key criminal offenses, such as bribery, treason, some acts of insider trading, and some frauds, it has little to do with many other core white collar offenses. This chapter explains the meaning of disloyalty, and foreshadows some of the ways that it plays a role in defining white-collar crime. Page 5 of 5