STRUGGLE AGAINST WHITE COLLAR CRIME FROM THE POINT OF VIEW OF THE NATIONAL ECONOMY (FROM WHITE COLLAR CRIME DETERMINATION OF LIABILITY, 1978, BY HANS GOEPPINGER AND HANS WALDER - SEE NCJ-56982)

• NCJ Number: 56989
• Author(s): E TUCHTFELD
• Date Published: 1978
• Length: 16 pages
• Corporate Author: P O B 1304
• Publication Format: Document
• Language: German
• Country: West Germany (Former)
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE ECONOMIC AND SOCIAL EFFECTS OF WHITE-COLLAR CRIME AS WELL AS POSSIBLE PREVENTIVE MEASURES ARE DISCUSSED FROM THE STANDPOINT OF AN ECONOMIST.

Abstract

IN AN ECONOMIC FRAMEWORK, WHITE-COLLAR CRIME INCLUDES ALL CRIMES COMMITTED IN THE COURSE OF PROFESSIONAL PRACTICE REGARDLESS OF LEGAL DEFINITIONS OF NORMS IN CRIMINAL LAW. EFFECTS ARE (1) MATERIAL DAMAGES, WHICH ARE DIFFICULT TO ESTIMATE STATISTICALLY, ESPECIALLY BECAUSE OF THE ENORMOUS VOLUME OF BLACK MARKET TRADE IN BOTH GOODS AND SERVICES; (2) GOVERNMENTAL FISCAL PROBLEMS SUCH AS REDUCED TAX INCOME AND EXPENDITURES TO COVER COURT COSTS; (3) DISRUPTIONS OR MARKET ORDER BECAUSE OF DISTORTIONS IN COMPETITIVE RELATIONSHIPS AND FORMATION OF A SECOND, ILLEGAL MARKET SYSTEM; AND (4) ADOPTION OF ILLEGAL MEANS BY COMPETITORS, DESTROYING THE FOUNDATION OF TRUST ON WHICH COMMERCE IS BASED. CONTROL OF WHITE-COLLAR CRIME CAN CONSIST OF REPRESSIVE OR PREVENTIVE MEASURES, PREFERABLY THE LATTER TO AVOID THE NORM-SANCTION SPIRAL; OR ENCOURAGEMENT OF THE DYNAMIC BUSINESSMAN WHO DEVOTES HIS ENERGIES TO POSITIVE INNOVATIONS, E.G., QUALITY IMPROVEMENT OR NEW PRODUCTS, RATHER THAN DISHONEST PRACTICES. OTHER CONTROLS INCLUDE REFORM OF BUSINESS LAW TO PROMOTE SUCH MEASURES AS INVESTIGATION OF QUESTIONABLE NEWSPAPER ADVERTISEMENTS, ESTABLISHMENT OF AN INTERNATIONAL WHITE-COLLAR CRIMINAL FILE, AND EXTRADITION PROCEDURES, AND SUPPORT OF ENVIRONMENTAL AND CONSUMER PROTECTION. SELF-HELP ORGANIZATIONS SUCH AS TRADE INFORMATION SERVICES AND CREDIT PROTECTION GROUPS ALSO OFFER CONTROL MEASURES. OBSTACLES FACING SELF-HELP ORGANIZATIONS ARE THE BASIC PASSIVITY OF THE ORGANIZATIONAL FORM, THE RISK OF PRECIPITATING BANKRUPTCY THROUGH WARNINGS, THE CONFLICT BETWEEN RESOCIALIZATION OF EX-CONVICTS AND PUBLIC PROTECTION, AND LACK OF COOPERATION WITH THE POLICE AND JUSTICE AUTHORITIES. SUDDEN CHANGES IN LEGAL RESTRICTIONS WHICH MAKE THE LEGALITY OF CERTAIN TRANSACTIONS VARIABLE AS WELL AS CONFLICTS BETWEEN ADVANTAGE AND LEGALITY ARE PARTICULARLY PROBLEMATIC FOR ECONOMISTS. NOTES ARE SUPPLIED. --IN GERMAN. (KMD)