1-7 of 7 Results

  • Keywords: fraud x
Clear all

Article

Cassandra Cross

Each year, millions of individuals worldwide find themselves victims of online fraud. Whether it is responding to a fraudulent email with bank account details or being defrauded through a false relationship, fraud can have a life-changing impact on an individual victim. For many victims, this goes beyond pure monetary losses and impacts their physical and emotional health and well-being. Historically, fraud has not been the priority of police or government agencies; however, increased developments in technology mean that fraud is affecting a greater number of victims than ever before. The online nature of many fraudulent approaches carries with it a new set of unique challenges associated with the policing and prevention of online fraud, and victim support services are currently not well equipped (if even in existence) to deal with the aftermath of victimization.

Article

Shanna R. Van Slyke and Leslie A. Corbo

Consumer fraud is the intentional deception of one or more individuals with the promise of goods, services, or other financial benefits that either never existed, were never going to be provided, or were grossly misrepresented. In contrast to ancient times when consumer fraud and other white-collar crimes were considered to be at least as serious as violence and other street crimes, today’s consumer fraudster tends to be viewed as less dangerous and deserving of harsh sanctioning. Despite several social movements against consumer fraud and a proliferation of popular and scholarly literature on the topic, contemporary U.S. society has maintained a relatively lenient stance toward white-collar crime—a “soft on crime” position that is inconsistent with conservative “tough on crime” approaches that have dominated U.S. penal policy since the 1960s.

Article

Fakes and forgeries are topics of frequent and agitated discussion in the art world. For criminologists, this interests shifts to art fraud because of its fit with issues of non-authentic art. While fraud shares with the wider interests the need to demonstrate deception (an obvious aspect of a fake), a successful prosecution will require in addition that the defendant be shown to be dishonest (that is, that the deception is intentional), that there is harm as a consequence, and that the victim was actually deceived. Despite its popularity as a topic for discussion in the art world, actual cases of art fraud are exceptionally rare, although cases of “mistaken identity” are reasonably common (but these will often lack the deception and intentionality required of fraud). Among the reasons for art fraud being infrequently observed appear to be: (1) police are less than eager to pursue issues of fraud in art; (2) the deceptive skills required of a successful art faker are actually rarely observed or achieved; and (3) the role of the victim in art fraud is complex and often renders victims either passive or non-compliant with the justice process.

Article

Healthcare fraud involves wide-ranging illegal behaviors. It includes such activities as individual physicians who bill insurance companies or the government for services that were never provided, as well as corporate behavior, such as pharmaceutical companies that falsify clinical tests in order to get unsafe drugs approved for use. Thousands die each year in the United States due to these behaviors, including deaths from incorrectly prescribed medications or from tainted drugs that were approved by the U.S. Food and Drug Administration based upon fraudulent testing and reporting. Thousands of additional patients likely are injured and killed by unnecessary surgeries performed by physicians who want to maximize their reimbursements. The illegal activities also add billions of dollars each year to the total healthcare cost in the U.S. Despite these costs, there is relatively little outrage as a result of the behaviors, largely because they remain hidden from public view. Healthcare fraud, as with almost all white-collar crime, is rarely detected and that prevents the frauds from becoming known to victims, law enforcement, and policy makers, which in turn prevents analysts from compiling a complete picture of the behaviors and prevents policymakers and law enforcement from developing efficient enforcement strategies. Moreover, the lack of detection assures perpetrators that they will get away with their crimes and limits the potential preventative effects of punishment. Lack of detection and reporting has been a particularly strong problem for those trying to control healthcare fraud and abuse in the United States and elsewhere. The enforcement mechanisms that have evolved have been strongly influenced by the difficulties of detecting the illegal behaviors.

Article

White-collar crime has not developed in a linear way as an academic subject. Its definition remains contested, between those who consider that, when deciding on the boundaries of what we can explain, we cannot depart far from the decisions of criminal courts and, at the other extreme, those who substitute “social harm” for “crime” and see the theoretical task as explaining why criminal justice reacts far more severely to the less socially harmful acts. Most scholars are somewhere closer to the legalistic view, except that they substitute convictability for conviction, though convictability may be disputable except where there is a Deferred Prosecution Agreement or an agreed statement by the corporation. Individual, organizational, and cultural explanations of white-collar offenses are considered and are complementary, depending on the research question to be explored. Incomplete or distorted datasets are commonplace, but the increasing number of life course studies of white-collar criminality show that serious white-collar (and organized crime) offending typically has a later onset than other crimes. This may be due to established professionals being recruited as ‘enablers,’ and/or that a certain maturity is necessary to act as a credible borrower or investment intermediary, depending on the crime. An important dimension of white-collar crime explains the decisions about formal and informal social control as ways of dealing with misconduct. These decisions range from detailed analysis of individual cases and patterns in a financial and/or industrial/service sector to macro explanations such as intentional or neglectful police/prosecutor resource starvation and protection of elites in neo-liberal societies. Some of the strategies are affected by whether regulator/regulatee relationships are repeat players progressing up the regulatory pyramid, or whether they are outsiders or intentional harm-doers, who may be less likely to be deterred or reformed by engagement with the regulators.

Article

In 1940, Edwin Sutherland claimed that the discipline of criminology was operating with an inaccurate view of criminal behavior. He argued that criminology focused too much on the offending of working-class people via the causal mechanisms of poverty, psychopathy, and sociopathy. His theory on white-collar crime was an observation that people of high social class commit crimes and have their own forms of offending behavior. Of this behavior, Sutherland noted that it could be more far-reaching and damaging than offenses committed by the working class, while at the same time encountering less scrutiny and condemnation from society. By taking the first steps into the study of crimes of the powerful, Sutherland opened up discussion of a wide range of nonviolent, financially motivated offenses such as corruption of state officials, fraud, and embezzlement. He proposed the theory of differential association as an attempt to provide a more effective explanation of offending behavior inclusive of the offending of the rich and powerful. During the 20th century, research into white-collar criminals and the professional con artist has revealed broad typologies of offending behavior and patterns of offending. Today, white-collar crime is a broad term that applies to a range of activities and has become shorthand for discussions of crimes that involve deception, abuse of trust, and intelligent criminals. Media representations have emphasized these characteristics and portrayed white-collar criminals and con artists as offending elites, both in terms of social class and type of offending. Film and television depictions present an elaborate form of criminality based on guile and manipulation of victims. The image of the white-collar criminal, the professional con artist, and their victims in popular culture are equally nuanced and tap into ideas about the moral acceptability of this kind of offending. The influence of popular culture on attitudes toward white-collar crime is of great interest in the study of criminology.

Article

Arjan Reurink

Finance crime, that is, white-collar crime that occurs in the markets for financial goods and services, appears to be pervasive in 21st-century capitalism. Since the outbreak of the global financial crisis of 2007–2008, virtually all established financial institutions have been implicated in finance crime scandals, ranging from the mis-selling of financial products to money laundering and from insider dealing to the rigging of financial benchmarks. The financial stakes involved in such scandals are often significant, and at times have the potential to destabilize entire economies. This makes the phenomenon of finance crime a highly relevant topic for white-collar crime researchers. A major challenge, however, for those studying the phenomenon of finance crime is to engage with the complex mechanics of finance crime schemes. These often involve esoteric financial instruments and are embedded in arcane market practices, making them seem impenetrable for those unfamiliar with the intricacies of financial market practices. A helpful way to make the empirical universe of finance crimes intelligible is to construct a typology. This can be meaningfully done by distinguishing finance crimes by the different rationales that underlie the laws and regulations they violate. Doing so renders five main types of finance crime. These are (i) financial fraud, (ii) misuse of informational advantages, (iii) financial mis-selling, (iv) market price and benchmark manipulation, and (v) the facilitation of illicit financial flows. White-collar crime scholars have taken various theoretical and analytical approaches to the study of finance crime. Some scholars have studied finance crimes in the light of their macro-institutional contexts. Such approaches are based on the premise that actors find meaning—motivations and rationalizations—and opportunities for their actions in the cultural and institutional environments in which they are situated and that such environments can be criminogenic in the sense that they structurally facilitate or even promote illegal behaviors. Others have studied the organizational dimensions of finance crime, looking at both the social networks through which finance crimes are perpetrated as well as the ways in which these networks are embedded in broader organizational and industry structures. Still others have studied the costs, consequences, and victims of finance crimes. Finally, some white-collar crime scholars have studied the ways in which societies create legal regimes that prohibit certain financial market practices as well as how these prohibitions are subsequently enforced by regulatory agencies, public prosecutors, and the courts.