No full-text available
To read the full-text of this research,
you can request a copy directly from the author.
White-collar crime lawyers: The case of Transocean in court
Abstract
White-collar criminals are persons of respectability and high social status, who commit financial crime in the course of their occupation. In a national sample of 305 convicted criminals, the average age was 48 years old, and the average sentence was 2.2 years in prison. White-collar crime lawyers defend criminals in court. The case of Transocean is presented in this article, where the company and their prosecuted advisors will probably spend about $10 million on lawyers in the first round in a district court. This emphasises a distinguishing feature of white-collar criminals from street criminals, where white-collar criminals can pay for a knowledgeable defence. Some criminals may have quite famous lawyers, who are well-known for getting their probably guilty clients off. A knowledge level perspective is applied in this paper, where the relative knowledge between defence and prosecution has an influence on how the case is handled and possibly even on the court verdict.
... Moreover in our opinion Økokrim base their conclusions on a peculiar and original interpretation of Norwegian and international tax legislation." 250 In July 2014, Transocean and the tax advisers were acquitted of tax fraud in connection with shifting assets between subsidiary companies. The Oslo court dismissed the prosecution's demand for damages and instead asked the Norwegian state to pay defendants' costs. ...
In this article entitled "Beyond Bribery: Exploring the Intimate Interconnections Between Corruption and Tax Crimes" the authors probe the manifold interconnections between tax crimes and corruption, identifying and documenting questionable practices beyond blatant tax evasion and simple bribery. Through analysis of the adverse consequences that phenomena such as tax sweetheart deals, unethical lobbying, conflicts of interest, and revolving doors wreak on society, they emphasize the compelling need for the adoption of an expanded definition of both tax crimes and corruption in order to stimulate adequate responses to these harmful practices.
Using a study on foundings of Silicon Valley law firms, I propose and test an organizational theory on the genealogical persistence of gender inequality that emphasizes the routines (or blueprints) and experiences that founders transfer from their parent firms to their new firms. This transfer links the parent firm's gender hierarchy to women's advancement opportunities in the new firm. Founders from parent firms that historically had women in leadership positions, such that female leadership is institutionalized, are more likely to found firms that promote women into prominent positions. Conversely, founders from firms that historically had women in subordinate positions, such that female subordination is institutionalized, are less likely to promote women into prominent positions. Findings are consistent with the theory and also show that the persistence effect is stronger for founders who were previously lower-ranked employees and for founders who institute an organization of work similar to their parent firm. The study suggests that future research should investigate routines and structures that not only generate gender inequality unintentionally but are in turn replicated across generations of organization through the mobility of employees.
The purpose of the present paper is to investigate whether the process of transition from an agricultural to an industrial
society was a watershed for white-collar crime, such that this type of crime increased rapidly in connection with the industrialization
process. The theoretical reasoning behind this notion is that the transition process promoted a mentality characterized by
self-centered values and a culture of competitiveness, which together paved the way for fraud perpetrated at the expense of
others. The data are from Statistic Sweden’s historical records and cover the period of 1864–1912. Since there is no way to
measure all crimes that can be defined as white collar crime, we have used bankruptcy offences as an example of white collar
crime. The results do not support the notion that the transition period from an agricultural to an industrial society showed
an increase in bankruptcy offences. Instead, the results show that when fluctuations in the economy are taken into account,
the industrialization process per se entailed less bankruptcy offences. On the other hand, other research using the case of
Sweden has shown that it was first after World War II that bankruptcy offences increased rapidly. Our argument is that the
transition process as a structural mechanism had a greater impact on bankruptcy offences when industrialized capitalism became
advanced.
If criminologists intend to expand the conception of crime to include ‘socially injurious acts’ that are not proscribed by civil or criminal statutes, then we must also contemplate the responses to those ‘socially injurious acts.’ One such response is ‘creative crime.’ This paper outlines some of the characteristics and defining features of three categories of ‘creative crime’ — culture jamming, interventionism, and sabotage. In so doing, it identifies a phytological analogy for understanding and articulating the role of creative crime in society and its system of governance. Through a discussion of the possibilities and problems of placing ‘creative crime’ within the rubric of the various ‘branches’ of government, or as a rhizome of the same theoretical plant, kudzu is presented as the most appropriate analogy. But whether ‘creative crime’ serves as an end in itself or as part of a broader movement for change, its contributions to the ‘marketplace of ideas’ cannot be discounted.
Purpose
The purpose of this viewpoint paper is to assist in finding solutions for the growing moral and social issues of financial crime plaguing corporations today.
Design/methodology/approach
Methodology includes the synthesis of existing theories in economic sociology and criminology to “diagnose” and “treat” the existing flaws in corporate structures that have led to malaise and malfeasance. Theories include differential association, self‐control, and control balance, taking into consideration the characteristics of individuals and corporate structures.
Findings
Findings suggest that corporate structure has to be critically scrutinized and changes implemented, including close examination of informal and formal communication and salary structures.
Practical implications
This paper suggests concrete strategies and policy changes for regulators, corporate decision makers, and academics.
Originality/value
The synthesis of existing theories in white collar malfeasance and crime provides a template to increase corporate social responsibility and promote policy/regulatory changes in the current economic climate.
Sentencing white collar offenders is difficult in that the economic crimes committed clearly injured individuals, but the offenders do not present a physical threat to society. This Article questions the necessity of giving Draconian sentences, in some cases in excess of twenty-five years, to non-violent first offenders who commit white collar crimes. The attempts by the U.S. Sentencing Commission to achieve a neutral sentencing methodology, one that is class-blind, fails to respect the real differences presented by these offenders. As the term white-collar crime has sociological roots, it is advocated here that sociology needs to be a component in the sentencing of white collar offenders.
In Victorian society, women of the middle class were particularly vulnerable to white-collar crimes. Denied opportunities
to earn their own living, single women were especially dependent on invested capital. Women, in fact, made up a significant
portion of investors during the nineteenth century, especially in such key areas of the economy as banking, railways and insurance.
Yet, bourgeois notions of gentility required that women remain ignorant of money matters and refrain from active participation
in business affairs, leaving women especially exposed to all manner of fraud and malfeasance. This article uses financial
literature, newspaper debates and popular fiction to demonstrate how women were victimized by white-collar crime. Women’s
financial victimization was a common theme of the popular press, economic journals and fiction. These discourses contributed
to a feminist discourse of economic and political empowerment, and suffragists and other progressives argued that women had
to reform an economy and financial system in which they were both marginalized and deeply implicated.
In this paper, we study the organizational consequences of product illegality. Severe punishment reduces the dimension of a criminal network, but it might augment the effectiveness of its members. Smaller firms are easier to manage, and consequently fewer mistakes are committed, which in turn diminishes the likelihood of detection. Hence, a less severe enforcement of the law could be considered in order to achieve optimal deterrence. We also show that the allocation of sanctions between employer and employees is not unimportant as previous literature indicated.