Dr. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

SOCIO ECONOMIC CRIMES

WHITE COLLAR CRIMES WITH SPECIAL EMPHASIS ON CORPORATE CRIMES AND CYBER CRIMES

SYNOPSIS

Submitted to: Mr. Anil Sain Assistant Professor(Law) Dr. RMLNLU, Lucknow

Submitted by: Eishan Kalia Semester X Roll No. 47

The present criminal justice system is in great quiver these days with new amendments and improvements on one hand while the growing crime on the other hand along with the rising corruption. The arena of white collar crimes should be taken into due consideration with rising criminal behavior of the mankind.WhiteCollar Criminality is described as a crime committed by a person of respectability and high status, in the course of his occupation.

Corporate crime overlaps with white-collar crime, because the majority of individuals who may act as or represent the interests of the corporation are employees or professionals of a higher social class. Corporate crime refers to crimes committed either by a corporation, or by individuals that may be identified with a corporation or other business entity.

The Cyber crime done through profiteering by stealing of the contracts transacted through internet and the stealing of the personal data, funds etc leads to the cyber white collar crime because it is often committed by high officials aiming to steal big accounts.Cyber refers to imaginary space, which is created when the electronic devices communicate, like network of computers.

Modern criminology generally rejects a limitation of the term by reference to type of crime and of course, white collar crimes are governed by the general principles ofcriminal law. It is essential to note that as these crimes are conducted by the people of High-Status so the possibility of punishing them reduces at the faster level. Hence it pertinent that strict punishable steps are adopted avoiding all the effects of corruption and political interferenceto establish a JUST SOCIETY.

The final paper shall aim at identification of the main issues concerning hindrance pertaining to the future of criminology, analysis of the issues and viable recommendations for those issues.The present criminal justice system is in great quiver these days with new amendments and improvements on one hand while the growing crime on the other hand along with the rising corruption. The arena of white collar crimes should be taken into due consideration with rising criminal behavior of the mankind.The American Sociologist Edwin Sutherland first coined the phrase White Collar Criminality which he described as a crime committed by a person of respectability and high status, in the course of his occupation. The definition had been traced from the outbreak of the Second World War. Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was learned from interpersonal interaction with others. White-collar crime therefore overlaps with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, and forgery is more available to white-collar employees.The term white-collar crime only dates back to 1939. Professor Edwin Sutherland was the first to coin the term, and hypothesize white-collar criminals attributed different characteristics and motives than typical street criminals. Mr. Sutherland originally presented his theory in an address to the American Sociological Society in attempt to study two fields, crime and high society, which had no previous empirical correlation. He defined his idea as "crime committed by a person of respectability and high social status in the course of his occupation." Many denote the invention of Sutherland's idiom to the explosion of U.S business in the years following the Great Depression. Sutherland noted that in his time, "less than two percent of the persons committed to prisons in a year belong to the upper-class." His goal was to prove a relation between money, social status, and likelihood of going to jail for a white-collar crime, compared to more visible, typical crimes. Although the percentage is a bit higher today, numbers still show a large majority of those in jail are poor, "blue-collar" criminals, despite efforts to crack down on corporate crime.White collar crime tends to refer to crimes committed at a business by a businessman or woman. Such crimes might include embezzlement or fraud. Criminology expert and sociologist, Edwin Sutherland, in a 1939 speech, coined the term. Sutherland posited that people are more likely to commit crimes when they are surrounded by criminal behavior of others. This philosophy relates to punishment of white collar crime by the US justice system. A white collar criminal is considered less likely to commit another crime, and punishment may be softer than for crimes involving violence.Today the definition of white collar crime refers the socio-economic status of the person committing the crime. A person from the middle or upper classes commits a white collar crime simply because of his origin. However, if the crime is violent in nature, it still is likely not considered a white collar crime.Most believe that white collar crime is a less punishable offense, than for example a mugging where violence is threatened. However, white collar crimes like embezzlement, the stealing of company funds, may ultimately harm more people. If funds are irrecoverable, a white collar criminal might technically steal all the savings of people who depend upon those savings in order to live. When the money cannot be recovered, the white collar criminal has caused more damage by his actions than the mugger. Modern criminology generally rejects a limitation of the term by reference to type of crime and the topic is now divided: The most common white-collar offenses include: antitrust violations, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft.By the type of offense, e.g. property crime, economic crime, and other corporate crimes like environmental and health and safety law violations. Some crime is only possible because of the identity of the offender, e.g. transnational money laundering requires the participation of senior officers employed in banks. But the Federal Bureau of Investigation has adopted the narrow approach, defining white-collar crime as "those illegal acts which are characterized by deceit, concealment, or violation of trust and which are not dependent upon the application or threat of physical force or violence" (1989, 3). Because this approach is relatively pervasive in the United States, the record-keeping does not adequately collect data on the socioeconomic status of offenders which, in turn, makes research and policy evaluation problematic. While the true extent and cost of white-collar crime are unknown, it is estimated to cost the United States more than $300 billion annually, according to the FBI. By the type of offender, e.g. by social class or high socioeconomic status, the occupation of positions of trust or profession, or academic qualification, researching the motivations for criminal behavior, e.g. greed or fear of loss of face if economic difficulties become obvious. Shover and Wright (2000) point to the essential neutrality of a crime as enacted in a statute. It almost inevitably describes conduct in the abstract, not by reference to the character of the persons performing it. Thus, the only way that one crime differs from another is in the backgrounds and characteristics of its perpetrators. Most if not all white-collar offenders are distinguished by lives of privilege, much of it with origins in class inequality.Of course, white collar crimes are governed by the general principles of Criminal law. Thus, with some exceptions, to gain a white collar conviction The government must prove (1) the required mental state, or mens rea, (2) The required physical component, or actus reus (generally either thedefendants conduct, such as entering into a conspiracy.

FINAL DRAFT OVERVIEW:

Criminal Justice System: Challenges and Future Agenda

Introduction

Mens rea issues in white collar cases

White-Collar Crimes Broad Categories

Role of enforcement agencies

Implementation of the law

Corporate white collar aspect

Nominalist and Realistic

Cyber White Collar Aspect

Frequently used Cyber Crime:-

Cyber criminals

Money laundering

Conclusion

The said piece of paper denotes the present context of white collar crimes. It is essential to note that as these crimes are conducted by the people of High-Status the possibility of punishing them reduces at the faster level. Hence it pertinent that government should adopt strict punishable steps avoiding all the effects of corruption and political interference to establish a JUST SOCIETY.