White-collar crime, consisting of non-violent crimes committed by people in
positions of trust and authority, is a complex issue with a long history.
Frequently seen as a contemporary problem, its roots can be found in the
medieval era, developing alongside legal structures and ethical concerns. The
Carrier's Case (1473) in England, a groundbreaking legal case involving theft of
wool during transportation, introduced the concept of "breaking the bulk," which
greatly impacted contemporary property and corporate law.
In 1939, the American sociologist Edwin Sutherland officially coined the term
"White-collar" crime, redirecting attention from typical street crimes to
offenses carried out by the upper class.
A multi-pronged approach is required to connect law and ethics in white-collar
crime. It is important to enhance legal frameworks, implement updated
regulations for evolving crimes, and promote ethical behavior within companies.
History
White collar crime has a history that dates back, to the century. A notable
example is the Carriers case in England in 1473, where a person responsible for
transporting wool was found guilty of theft. This case holds significance in
history. Has influenced concepts like 'breaking the bulk.' The rise of
capitalism in the 19th century led to an increase in criminal activities driven
by the desire for wealth and power. Calls for reform grew during the 18th and
early 19th centuries prompting efforts to strengthen laws such as the Sherman
Act of 1914. These historical changes reflect evolving views on white collar
crime. The need for regulatory measures to address its complexities.
Critics raised concerns about the vagueness of defining 'persons of
responsibility and status. Overlooking socio factors. In 1934 Albert Morris
called for an approach advocating that unlawful actions by high status
individuals should be considered crimes deserving punishment. Sutherland later
refined this idea by distinguishing white collar crimes from traditional 'blue
collar crimes, like robbery and theft firmly establishing it within criminology
by 1941. In the advancement of societies delving into the background of white
collar crime provides perspectives on its current manifestations and the
obstacles it poses for law enforcement agencies and regulatory authorities.
Meaning of White-Collar Crime
Edwin Sutherland's definition, in 1939 an American sociologist Edwin Sutherland
first defined white-collar crimes. The idea of white-collar crime has historical
roots that date back to the earliest human settlements, according to Vedic
literature. Crimes have always changed with civilization; some haven't changed
over time, while others have evolved into new kinds of crimes in the
contemporary day.
Coleman and Moynihan criticized Edwin Sutherland's meaning of white-collar crime
for numerous ambiguities:
- It does not stipulate criteria for identifying 'persons of responsibility and status.'
- The term 'person of high social status' is unclear and may differ in legal and general contexts.
- The definition overlooks the socio-economic conditions of the individuals, focusing solely on the type of crime and the circumstances in which it was committed.
- Sutherland's definition seems to imply that white-collar crimes do not necessarily require mens rea (guilty mind), despite mens rea and actus reus (wrongful conduct) being essential elements of a crime.
E.H. Sutherland's demarcation, Sutherland reemerged to clarify that crimes
committed by individuals from high socio-economic sets during their occupations
would be termed "white-collar crimes." He further specified that traditional
crimes would be referred to as "blue-collar crimes." The number of white-collar
crimes has been increasing over the world. For example, the number of such
crimes rose by 45% in Hong Kong in 2022 and by 80% in India in 2019.
Understanding the types and features of white-collar crime is crucial for
combating this trend.
White-collar criminal offense includes deceptiveness or concealment to
accomplish economic gain or benefit, without considering physical violence. In
these systems, deceitful e-mails demand assistance moving significant amounts of
cash. White-collar criminal activities that are often dedicated consist of
identification burglary as well as insurance coverage fraudulence. The Bernard
L.Madoff Investment Securities LLC (BLMIS) fraudulence fraud has actually led to
the circulation of over $ 3.7 billion to over 40000 targets worldwide via the
Madoff Victim Fund (MVF).
In the contemporary electronic atmosphere it is vital for people, business and
also police to understand the different sorts of white-collar criminal activity.
White-collar criminal offenses consist of embezzlement, protections fraudulence,
business scams plus cash laundering. These offenses are checked out by a variety
of companies, consisting of the Federal Bureau of Investigation (FBI), the
Securities together with Exchange Commission (SEC) the Financial Industry
Regulatory Authority (FINRA) and also state firms.
Conclusion
In combating white-collar crime, awareness is paramount. Businesses can enhance
their defenses by leveraging advanced technologies like those offered by,
Tookitaki and fostering a culture of transparency and compliance. Vigilance and
education are essential tools against these invisible threats. While the Indian
government has implemented legislation like the Income Tax Act of 1961, the IT
Act of 2005, and the Prevention of Money Laundering Act of 2002 to combat
white-collar crime, these efforts have not been entirely successful.
Despite these measures, the incidence of such crimes continues to increase
significantly. Prior research indicates that robust taxation systems and
effective legislation are crucial to curbing the growth of white-collar crime.
Implementing robust taxation systems can effectively reduce tax evasion,
contributing to the broader effort to mitigate these offenses.
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