White Collar Crime: Term Definition

Abstract

Crimes at the municipal and national level are committed and the people involved are identified because they abuse others by engaging in illegal activities to benefit financially. Improved technologies help criminals to go unnoticed and continue to be a threat to the security of people. Boundaries between private and public sectors have been broken and criminals carry out their operations across the borders. There are frauds and related crimes in occupational and health care industries where some people selfishly benefit themselves at the expense of others. Workers are not protected and work in unsafe environments that cause harm to their health.

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The SEC and Carl Archer and any ties with white-collar crime

(Salinger, 2005) argues that Carl Archer is committed to excellence and individual initiative in assisting the less fortunate people. On 16th January 2007, Archer together with his wife Margaret got recognition in the Orange Country Walk and his son received an award for his good character from boy scouts for creating houses for homeless and AIDS victims. Carl Archer supported conservative which contributed to anti-guy and anti-abortion initiatives by providing financial support where lesbians and guys were to be terminated from employment in all public schools but his initiative failed because Ronald Reagan was against it saying that it was too intrusive.

According to (Salinger, 2005) In 1988, Archer paid a fine of $688,000 due to insider trading in the stock company after advising his family members not to purchase stock from the company until the right time when they should buy to make a profit. The employees of Archer sued him because he had fired them for their complaints on racial slurs from the boss and the company paid $255,000 for the suit to be settled out of court. Carl was accused because of allowing his television to feature bikini-clad worn by a person who was washing cars and that was not allowed to happen because it was bad manners.

(Salinger, 2005) Found that, the insider information provided by Archer helped the relatives and accounting director of security Exchange Company to sell their holdings and avoided a $310,000 loss. The regional administrator of SEC in Loss Angeles said that the complaints resulted in tripled damages where court orders forced the defendants to return the profits they gained and losses they avoided. Commission of security exchange came up with enforcement for violation of insider trading through a case study to prove charges for criminal and civil trading. Important insights were offered on perception, adjudication, and handling of insider trading cases where evidence showed that it is difficult to litigate white-collar crime.

Internet and criminal justice agencies

According to (Maxfield, 2004) the Internet agency has a steering group for reviewing and developing specifications to fulfill the standards of the internet so that it can be legal and acceptable by the law. The task force for internet research has the main objective of promoting research and evolutions of the internet in the future through the creation of research groups that work on topics of internet protocols. Information is available to explain the necessary quality of the internet to be used by everybody in preparing information. Taskforce in internet engineering includes vendors, operators, and designers who ensure the internet is operating smoothly through the use of new improved technology to satisfy the needs of internet users.

(Maxfield, 2004) found that, Criminal justice agency’s main mission is to find solutions to all social problems through avoiding the tendency of relying on incarceration. There are codes of ethics with legal codes for law enforcement from the chief of police and government information is searched quickly through related sites and documents. The homeland security department looks at terrorism operations and immigration so that they can offer security to all citizens and prevent future attacks.

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Financial crimes are dealt with by the treasury department for finances to be secure and free from theft where all the criminals are prosecuted in the court of law for legal action to be taken against them. Training centers for law enforcement have experienced people who give instructions to agents, all the officers, and the secret service on how to detect crime and action taken against criminals for them to be caught and prosecuted immediately they engage in criminal activities.

Ascertaining the concerns connected with crime on a municipal and national level

(Maxfield, 2004) found that, There has been a rapid change in technology enabling people to interact with each other in the whole world. Change has been noted in the way businesses are carried out and crimes are committed where the people who are concerned are connected and easily identified. The people who abuse others or engage in illegal activities to earn profit take advantage of improved technology and can protect themselves from being noticed by the general public.

Globalization has contributed to breaking down national boundaries existing between private and public sectors making criminals operate easily across the borders. Law enforcement must take action and be ready to deal with criminals so that security is enhanced all the time and everywhere.

(Gottfredson, 1987) argues that, criminal justice agencies should have renewed innovations for better exchange of information and engage in new investigation measures so that they can be efficient in their work and succeed through cooperation. The challenges facing criminal investigating agencies need to be addressed for effective prevention of crime through development that aims at dealing with emerging environments for criminals.

This ensures information is rapidly available and there is proof of identity. In situations where the internet is used as a means of communication that results in crime, there should be ways of intercepting the communication to act as evidence for the crimes that are committed for legal action to be taken against the criminals. The criminal justice agencies need to accept the techniques used so that they address the concerns of the entire community in the use of new technologies so that there can be protected from tampering or misuse of important information kept in databases.

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According to (Gottfredson, 1987) the Revolution of information has led to new ways of committing theft and an increase in things that can be stolen. It is difficult to control the behavior of human beings where security and prosperity depend on the proper function of criminal justice agencies so that electronic crimes such as information piracy, telemarketing fraud, and electronic vandalism can be stopped. An individual is supposed to access information that concerns him or her and never interferes with the privacy of confidential information of another person. Communications using the internet are anonymous and there can never be a positive mark to identify the sender of information.

The available computers are used by customers to order goods and buy them using the internet. The people who identify the user can forge the documents making them ineffective for proving who the user was. It is easy to locate the computer that was used for sending the message but there can be falsified identification codes. Re-mailing services are used to remove traces of the source of the message by sending it to a new header and such elaborate shows that there is a suspect for criminal action.

(Gottfredson, 1987) found that, Modern computers have chips with serial numbers making it easy to trace them but even if the computer is identified, the operator who made the transaction can not be identified. Addresses of internet service providers are useful for masking the true identity of criminals and verification of internet sites of e-commerce partners is important to remove doubts of authenticity and loss of their confidence that limit their potential.

Mandatory fingerprinting together with scanning technology for fingerprint data identifies individuals wherever they are either at the municipal or national level and biometric technology for DNA testing, voice testing and face recognition are very useful. Vessels that carry illegal immigrants are detected early using satellite links in a surveillance aircraft for communication to be more reliable. Digital cameras in surveillance aircraft help in the dissemination of images rapidly allowing criminal justice agencies to assess the situation quickly at a reduced cost.

Newspaper Articles Review

According to (Nelson, 2004) occupational crimes are originating from misuse of occupation for personal gain and misuse of organization belongings by executive staff and employees that cause loss to the entire organization. Workers organizations protect employees to ensure the working environment is safe and free from health hazards and there is no corruption by officials.

(Nelson, 2004) Argues that, criminal laws for worker safety as a result of violating standards lead to the death of an employee and false representation where the provisions are enforced and penalties administered for the offenses. The working environment provided by employers does not harm them because it obeys safety standards. When the employer does not obey the law, criminal sanctions are applied because all employers have the right to work and be protected from situations that cause death. Once the employer is found guilty he is accused in the court of law and faces charges depending on the offense committed.

According to (Nelson, 2004) an employer is the person who engages in business to affect the employee. When a mistake is done by many employers who are in a similar workplace, the specific employers who did the mistake are held liable and the subcontractor who is assigned to supervise work reports to the main contractor in case of emergence caused by somebody else. The employer may violate the law if he does not comply with a specific standard or order where the labor secretary is supposed to prove the occurrence of the violation.

(Wright, 2004) found that, unpreventable defense is a litigated defense where the violation was as a result of isolated occurrence due to a single employee having inappropriate action but, employer defend himself when clause of general duty is violated after proof from labor secretary. Disagreement in court does not state whether the defense was caused by failure to perform duties where the employer is supposed to provide evidence and has set rules and regulations on how employees are supposed to carry out the assigned duties in the right manner.

Health care industries experience Fraud related to ambulance services by transporting patients who are not in medical need. Technicians who deal with ambulances give false information about transport offered to patients which is not the truth. The billing managers make alterations resulting in crime leading to jail sentences and charges. Such crimes lead to high costs in health care industries and the people involved are charged by the law for misconduct.

(Wright, 2004) argues that, there are people who witness surgeons demanding payments for the services they never offered. They are paid by the billing departments and once they notice that evidence will be provided, they murder the witnesses who have valuable evidence. The insurance companies of health care industries are given bills that never existed so that they can compensate the people who suffer loss and have insured themselves to be returned to the initial financial position before the loss occurred. After investigation, the insurance company ends up proofing that the loss never occurred, the person liable for the offense of cheating to be compensated faces disciplinary action and is accused in the court of law.

(Cooper, 2003) Found that, Physicians commit the crime by killing patients by administering unnecessary painkillers through injection. Continued usage of painkillers made patients demand more of it all the time mostly on weekly basis and the drugs are very costly leading to huge bills. This fraud is dangerous because patients never regain their original health and always depend on drugs to relieve themselves from pain.

(Ryan, 2003) found that, fraud is eradicated through avoiding abuse where the law has to be applied through direction by Attorney General. The success of the program was through a collaborative approach that identified and prosecuted frauds to prevent them from occurring again in the future and offer protection to those who benefit from the program. Defendants in the investigation of crime pay charges due to the mistakes committed and offenses for the same mistakes never to be repeated in the future.

References

Nelson R. (2004): Minimum wage rates, child labor, employment discrimination, crime victim protection: Monthly labor review, pp. 13-17.

Wright J. (2004): Employment-Related Crimes: American criminal law review, pp. 33-38.

Cooper S. & Ryan J. (2003): Employment-Related Crimes: American Criminal Law Review, pp. 13-18.

Maxfield G. (2004): Research methods for criminal justice and criminology: Thomson Wadsworth, pp. 24-29.

Gottfredson D. (1987): Prediction and classification in criminal justice decision making: A review of research, pp. 34-38.

Salinger L. (2005): White collar and corporate crime: Social Science, pp. 110-115.

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