Rise of the White Collar Crimes

White Collar Crime Statistics

http://www.onlinelawyersource.com/criminal_law/white_collar/statistics.html

(Accessed in 2012)

White collar crime is a term that is applied to nonviolent crimes committed in business situations by individuals, groups or corporations for the purpose of financial gain. Most white collar crimes are associated with some type of fraud, often involving a lending institution, such as a bank or insurance agency.

Examples of white collar crime include: antitrust fraud, bankruptcy fraud, bribery, computer fraud, credit card fraud, counterfeiting, embezzlement, identity fraud, insider trading, insurance fraud, kickbacks, money laundering, obstruction of justice, perjury and price fixing.

White collar crime is steadily on the rise, thanks to our technologically advancing society, which relies on the increased use of cellular phones and computers to access personal and financial information. The National White Collar Crime Center (NW3C), a nonprofit agency that supports state and local police in their efforts to prevent, investigate and prosecute economic and high-tech crime, reports that while arrests for violent crimes have decreased in recent years, arrests for white collar crimes - especially fraud and embezzlement - have increased.

The rise in white collar crime incidents has also contributed to a rise in cost to the nation. According to National Fraud Center statistics, the cost of economic crime has risen from $5 billion in 1970 to $100 billion in 1990, and is only expected to increase as occurrences become more frequent. For example, the Federal Bureau of Investigation''s Economic Crime Unit reports that telemarketing fraud, one of the fastest growing types of white collar crime, has become an increasing problem in recent years, victimizing millions of people at a cost of $40 billion annually.

Statistics from NW3C also approximate that one in three households is the victim of white collar crime, yet of these, only 41 percent report the incident. Of the small number reported, only 21 percent are handled by a law enforcement or consumer protection agency.

Experts believe that many people fail to report white collar crime because they are unaware that they have been victimized. Many of those who are aware of a suspicious incident are unsure of whether or not it is an actual crime, and of those who are knowledgeable, many are either unsure who to contact or believe no resolution will come from reporting the crime. NW3C encourages awareness on the part of both the public and law enforcement agencies as a preventive measure against the future of white collar crime.

 

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Downturn and Shift in Population Feed Boom in White-Collar Crime 

by Stephen Labaton, June 2, 2002  published in The New York Times 

http://www.commondreams.org/headlines02/0602-06.htm 

WASHINGTON The bursting of the stock market bubble, combined with the changing face of the American population, has led to a surge in business fraud and corruption prosecutions and investigations. Even as the rate of murder, robbery, assault and other types of violent and property crimes has declined or flattened in the last decade, there has been a marked increase in accounting and corporate infractions, fraud in health care, government procurement and bankruptcy, identity theft, illegal corporate espionage and intellectual property piracy, federal and state officials say.

With increasing frequency, white-collar corruption seems to be the crime of choice of the baby boom generation. A week does not go by without news of investigations of blue-chip and start-up companies, the most prominent recently include Adelphia, Enron, Global Crossing, Kmart, Qwest Communications International, Schering-Plough, WorldCom and Xerox. Many of those companies' accounting firms are also facing intense scrutiny, perhaps most notably Arthur Andersen, which is in the middle of a criminal trial in Houston.

Corporate corruption cases are inevitable during the trough of the boom-bust economic cycle, when disgruntled investors and company whistle-blowers work with prosecutors and the support of an outraged public to unveil the excesses of market euphoria. The phenomenon last occurred during the savings and loan crisis a decade ago, but it also happened after a wave of corporate scandals in the 1970's, and to a lesser extent during the Great Depression.

But this wave is different. Some statistics indicate that these fraud cases were actually on the rise during the boom cycle, and criminal law experts say that the nature and types of these crimes differ significantly from those of earlier periods.  And while the sociology of crime is imprecise, experts attribute that changing nature of crime to demographic shifts and economic forces. "But there are critical differences between what we are seeing now and what we have seen earlier." said Alfred D. Chandler Jr., the Pulitzer Prize-winning business historian at Harvard.

For one thing, technological advances like the Internet have contributed substantively to the rate of financial crime cases. Equally important, in the last decade demographic changes, like the aging and growing prosperity and education of the population, have played a role. "What we are seeing in a variety of areas is fraud on the rise at the same time other crimes are going down," said Joseph T. Wells, a former F.B.I. agent and founder of the Association of Certified Fraud Examiners, which trains members of government, corporations and accounting firms in ferreting out fraud. "There are at least two reasons. Crime is largely a factor of age, and fraud is the crime of choice of the older perpetrator, so as the society ages, you have, and should continue to see, an increase in fraud cases. "A second reason is that the education level of society has come up in the last 20 years, and the message is clear in the mind of the better-educated public that if you want to commit a crime, fraud is the way to go," he added. "The take is better, and the punishment generally is less."

Peter Goldmann, editor of White Collar Crime Reporter, a trade publication for lawyers and investigators, said, "White-collar crime is spinning through the roof. It's spinning new varieties daily and the incidence and amounts of money being stolen are incredible."  Some experts also point to changes in the way top executives are paid especially the proliferation of potentially valuable stock options that have created new and perverse incentives for senior executives to manipulate financial statements for their personal short-term gain. "The temptations created by stock options are much greater for earnings manipulation," said Samuel L. Hayes III, an emeritus professor of investment banking at Harvard who sits on several corporate boards. "There are greater benefits that accrue to management." By contrast, Professor Hayes said, there were few prosecutions during the 1920's because few laws were available to prosecute the kinds of abuses that contributed to the Depression. "It was more of the Wild West," he said.

The government does not keep precise statistics on white-collar crime, primarily because there is a debate about what constitutes such crime. Nonetheless, there are indicators of the trend beyond the daily drumbeat of headlines:

Harvey L. Pitt, the chairman of the Securities and Exchange Commission, reports that a record number of accounting and financial reporting cases have been opened in the first quarter of this year. Following the implosion of Enron last winter, the agency received a record number of tips from corporate insiders and investors about accounting and financial reporting violations at other companies. Inquiries have opened involving the large accounting firms and many of their clients, including Computer Associates International, Dynegy, Elan, Enterasys Networks, Halliburton, Kmart, Microsoft, Nvidia and WorldCom.

Michael Chertoff, head of the criminal division at the Justice Department, says he has similarly seen a sharp spike in accounting and disclosure cases in recent months along with a general rise over the last few years in other kinds of white-collar cases ranging from health care fraud to theft of trade secrets. Mr. Chertoff said that the biggest increases in investigations of possible accounting fraud have been in the telecommunications, software and energy areas and that violations appear to have been motivated by the "tremendous pressure to meet revenues and earnings projections."

Other Justice Department officials say bankruptcy fraud and whistle-blower lawsuits involving government fraud, like procurement fraud, have also been on the rise.

Criminal cases involving white-collar crime are often accompanied by civil actions brought by the government and private parties that are tracked by the Administrative Office of the United States Courts, and they show a marked increase. While the number of federal civil lawsuits in the United States dropped from 1997 through Sept. 30, 2001 by 21,120, to 250,907, the number of government and private lawsuits for securities fraud and other types of financial violations more than doubled in the same period, rising to 3,538 from 1,669. Virtually every other type of civil lawsuit has dropped.

A whole new host of financial crimes has arisen with the proliferation of the Internet, from identity theft to software privacy and e-mail Ponzi schemes. Federal and state officials have responded by devoting teams of new investigators and prosecutors to combating such abuses.