NCJ Number
58635
Journal
Canadian Journal of Criminology Volume: 21 Issue: 3 Dated: (JULY 1979) Pages: 275-292
Date Published
1979
Length
18 pages
Annotation
AN EXAMINATION OF THE SECURITIES INDUSTRY IN ONTARIO DEMONSTRATES THE INCREASING EMPHASIS ON THE ENFORCEMENT OF VARIOUS LEGISLATIVE POLICIES DESIGNED TO COMBAT WHITE-COLLAR STOCK FRAUD THROUGHOUT CANADA.
Abstract
AFTER THE COLLAPSE OF TWO FRAUDULENT INVESTMENT SCHEMES IN THE MID-1960'S (WINDFALL MINES AND ATLANTIC ACCEPTANCE CORPORATION), CANADIAN SECURITIES LEGISLATION, ESPECIALLY IN THE PROVINCE OF ONTARIO, WAS STRENGTHENED, AND PROSECUTION VIGOROUSLY PURSUED THIS KIND OF WHITE COLLAR CRIME. SINCE THE 1960'S, THE ROYAL CANADIAN MOUNTED POLICE (RCMP) ASSUMED A GREATER ROLE IN THE INVESTIGATIVE, REGULATIVE, AND ENFORCEMENT RESPONSIBILITIES OF SECURITIES LEGISLATIVE GUIDELINES. HOWEVER, INDIFFERENT ENFORCEMENT OF SECURITIES REGULATIONS HAS BEEN OBSERVED AND TRACED TO A GENERAL FEELING THAT INVESTORS ARE MOTIVATED BY GREED FOR EASY MONEY THAT SOMEHOW DISQUALIFIES THEM FROM FRAUD PROTECTION. THERE IS A LACK OF PROFESSIONAL STUDIES TO DEFINE AND DETERMINE THE RANGE OF WHITE COLLAR CRIME IN GENERAL. PROSECUTION IS DIFFICULT SINCE SO LITTLE IS KNOWN ABOUT WHITE COLLAR CRIME. INVESTIGATIONS ARE COMPLICATED BY STOCK PROMOTERS WHO, WHILE ENGAGED IN FRAUDULENT ACTIVITIES, ARE NONETHELESS HIGHLY VISIBLE, APPARENTLY LEGITIMATE BUSINESSMEN. BUT AS THE INCIDENCE OF STOCK FRAUD PROLIFERATED AND WENT OUTSIDE THE BORDERS OF CANADA, JEOPARDIZING THE COUNTRY'S POSITION ABROAD, THE RCMP BROADENED THE SCOPE OF ITS ACTIVITIES JUSTIFYING ITS NEW ROLE IN SEVERAL WAYS. FOR ONE, THEY ARE THE PROVINCIAL POLICE IN EIGHT CANADIAN PROVINCES ALLOWING THEM EASY CONTACT WITH INDIVIDUAL ATTORNEYS GENERAL AND SECURITIES COMMISSIONS AND TWO THEIR FEDERAL JURISDICTION ALLOWS THEM TO BYPASS POORLY TRAINED LOCAL LAW ENFORCEMENT AGENCIES. HOWEVER, THE EVIDENCE SHOWS THAT PROSECUTION OF STOCK MANIPULATORS IS NOT ALWAYS COMPLETED EVEN WHEN THE EVIDENCE IS OVERWHELMING. WHEN PUBLIC FIGURES OF HIGH VISIBILITY ARE INVOLVED, PROSECUTION IS OFTEN SELECTIVE, AND WHILE MANY WHITE COLLAR CRIMES ARE PROSECUTED, THE DISPARITIES IN SENTENCING BETWEEN THOSE OFFENSES AND CONVENTIONAL OFFENSES IS VERY NOTICEABLE. IT WOULD APPEAR, THEREFORE, THAT PROSECUTION OF WHITE COLLAR CRIME, ESPECIALLY INVOLVING SECURITIES IRREGULARITIES, STILL MAINTAINS THE LOW PRIORITY IT HAD BEFORE THE FRAUD REVELATION OF THE 1960'S. FOOTNOTES AND BIBLIOGRAPHY ARE INCLUDED. (TWM)