Basically the most difficult challenge for the scholars or the students is to
find an accepted definition for white collar crimes. Basically white collar
crimes are those crimes which are committed by any person holding a reputed and
respectful social status in his/her occupation. According to E.H.Sutherland
white collar crimes are both (can be committed by a specific person and can be a
specific type of crime), which leads to confuse the students for the accurate
definition of white collar crimes. Later research stated according to the books
or the scholars that white collar crimes not the specific type of crime but the
crime which is committed by the specific person.
Types Of White Collar Crimes:
- Embezzlement: It means any misappropriation or misuse of funds which are entrusted to an individual. It occurs when someone misuses the funds of a company/corporation/organization to which they have access in their professional capacity.
- Fraud: It leads to various deceptive or fake schemes offered to individuals to defraud them of their money. For example, offering a larger sum of money in exchange for the deposit of a smaller amount.
- Bribery: It involves offering, giving, or soliciting something of value to influence an official or any other person in power or having authority during their occupation. It's a primary cause of corruption.
- Money laundering: It involves hiding money that has been unlawfully transferred or gained, usually done by transferring through a convoluted series of bank transactions. The purpose is to make the money appear legitimate.
- Insider trading: It involves trading stocks based on confidential information, which gives an unfair advantage to an individual or employee.
- Identity theft: It involves the unauthorized use of someone's personal information for financial gain. For example, blackmailing a person by threatening to release their personal information and demanding money.
White-Collar Crimes In India:
In Indian context white collar crimes are the crimes which are financially
motivated and committed by those individuals or persons having the power or
authority during their occupation. White collar crimes fueled by the factors
such as greed, competition, lack of proper laws. The growth of white – collar
crimes has been attributed through the rapid advancement in the technology and
business pressure.
Government Law Enforcement On White-Collar Crimes:
The govt. enforces the laws for the white-collar crimes through the various
special agencies and legal framework.
- Central Bureau of Investigation (CBI): The Delhi Special Police Establishment Act of 1946 gave rise to the CBI, which is in charge of investigating complex crimes, particularly those involving white-collar workers. It usually deals with issues pertaining to the Prevention of Corruption Act of 1988 or significant cases for the general population.
- Legislations: In India, there are several laws to regulate white-collar crimes including the Companies Act, 1960, the Income Tax Act, 1961, the Prevention of Corruption Act, 1988, the Prevention of Money Laundering Act, 2002, and the Special Court Act, 1992.
- Regulatory Bodies: Regulatory bodies like the Enforcement Directorate (ED) investigate crimes related to money laundering or economic offenses. They play a crucial role in enforcing laws related to white-collar crimes.
- Legal Framework: Effectively fighting white-collar crime requires the legal system and enhancing enforcement practices. The prevention and prosecution of economic offenses are greatly aided by the government's initiative to improve transparency, compliance, and enforcement.
- Collaboration and Awareness: To spread awareness, bolster enforcement measures, and ensure that individuals and businesses are accountable for their actions, the government works in conjunction with law enforcement agencies, regulatory organizations, and legal experts. Collaboration is essential for properly addressing white-collar crimes in India.
Causes Of White-Collar Crimes:
- In India, white-collar crimes mostly occur due to corruption, lack of awareness among people, lack of strict rules and laws, loopholes in the legal structures, peer support, etc.
- Greed and narcissism, a desire for financial gain, lead an individual to believe that they can get away with their actions and motivate them to commit such crimes.
- A lack of empathy and tendency to disregard the well-being of others can also lead an individual to engage in illegal activities.
- A lack of impulse control and desire for a rush leads an individual to engage in illegal behavior.
- A combination of motive, opportunity, and willingness to engage in deviant behavior, driven by financial gain, leads an individual to commit such crimes.
How It can be Prevented
- It can be prevented by the effective judicial processes, strengthening the legal regulatory system, transparency of legal culture, ethical business practices, etc.
- By implementing stringent laws and internal controls with regular audits, this ensures transparent financial practices. These measures not only deter the potential of white-collar criminals but also provide the crucial insights into the suspected areas.
- Educating employees about various forms of white-collar crimes, regular training sessions and campaigns can enhance employee's understanding of potential risks and their role in preventing fraud.
- Building a culture of ethics is a crucial step to prevent white-collar crimes. Establishing clear policies and codes of conduct can encourage employees to uphold ethical standards.
- Addressing the industrial culture by enforcing strict regulations can prevent white-collar crimes. Regular inspection should be conducted, with penalties for non-compliance strictly enforced.
What Triggers Any Individual To Commit Such Type Of Crime:
- Mostly, it occurs in any individual due to poverty or poor financial background which triggers him/her to commit such crime.
- Modern psychology says that stress and an optimistic view of success can trigger or motivate white-collar crime, mostly in youth.
- Research indicates that personality traits can also lead to white-collar crimes. Such as nepotism, hedonism, impulsivity, narcissism, low conscientiousness, etc.
- White-collar crime can also be triggered by fear of losing financial stability and social status.
Landmark Case On White-Collar Crime, 1992 Indian Stock Market Scam:
Harshad Mehta fraud scam was one of the biggest fraud Scam in the Indian history
of white – collar crime. It was a massive market manipulation that defrauded the
investor of over 40,000 crores which is equivalent to (10 billion USD). Harshad
Mehta executed this fraud by using fake bank receipts and fake stamp paper,
which leads to cause the crash of Indian stock market. It also involves the
corrupt officials of the market who signed the fake cheques and also fabricated
the stock price 40 times of their original value. This scam was that much
significant that it exceeded the net budget of health and education. The scam
include the market capital over ₹1000 billion, investigations revealed the
collusion of reputed bank officials, legal proceedings resulted in punishment
for all the officials who were involved in the scam.
Conclusion:
To sum up, white-collar crimes are financially motivated offences carried out by
those in positions of authority or control while they are employed. These crimes
can be stopped by efficient legal systems, moral business conduct, and
cooperation amongst law enforcement agencies. These crimes are motivated by
things like greed, a lack of appropriate legislation, and technological
breakthroughs.
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