WHITE COLLAR CRIME IN AUSTRALIA - A WORKING PAPER

• NCJ Number: 50936
• Author(s): A HOPKINS
• Date Published: 1977
• Length: 67 pages
• Corporate Author: Australian Institute of Criminology
• Sale Source: Australian Institute of Criminology
• Language: English
• Country: Australia

Annotation

WHITE COLLAR CRIMES AGAINST INVESTORS AND CREDITORS, CONSUMERS, EMPLOYEES, THE ENVIRONMENT (POLLUTION), AND THE GOVERNMENT (TAX EVASION) IN AUSTRALIA ARE DISCUSSED.

Abstract

ANY DISCUSSION OF WHITE COLLAR CRIMES INVARIABLY BEGINS WITH THE ISSUE OF DEFINITION. ANOTHER AREA OF CONTROVERSY IS WHETHER WHITE COLLAR CRIMES ARE ACTUALLY CRIMINAL IN NATURE. CORPORATE CRIME IS SOMETIMES USED AS A TERM TO DESCRIBE CRIMES AGAINST INVESTORS AND CREDITORS. THESE CRIMES INVOLVE THE MISUSE OF CAPITAL, PERNICIOUS ACTIVITIES IN PUBLIC AND PRIVATE COMPANIES, AND THE DERIVATION OF LARGE PROFITS BY CORPORATE DIRECTORS AND OTHERS THROUGH BUYING OR SELLING COMPANY SHARES ON THEIR OWN BEHALF AND AT THE EXPENSE OF STOCKHOLDERS. THERE ARE RELATIVELY FEW PROSECUTIONS OF CORPORATE CRIME, AND ONLY A SMALL NUMBER OF PROSECUTIONS RESULT IN CONVICTIONS. NUMEROUS LAWS HAVE BEEN ENACTED TO PROTECT CONSUMERS AGAINST PREDATORY BUSINESS BEHAVIOR. THE TRADE PRACTICES COMMISSION IS CONCERNED WITH THREE TYPES OF BUSINESS ACTIVITIES: RESTRICTIVE TRADE PRACTICES, MERGERS, AND SPECIFIC CONSUMER PROTECTION MEASURES. AS IN THE CASE OF CORPORATE CRIME, BUSINESSMEN CAN EXPECT TO ESCAPE PROSECUTION EVEN WHEN THEIR VIOLATIONS ARE DETECTED. THIS IS DONE BY MAKING RESTITUTION TO THE AGGRIEVED CONSUMER. CRIMES AGAINST EMPLOYEES DEAL WITH INDUSTRIAL HEALTH AND SAFETY LAWS DESIGNED TO PROTECT EMPLOYEES. LEGISLATION TO PREVENT POLLUTION OF THE ENVIRONMENT VARIES ACCORDING TO STATE IN AUSTRALIA, AND IN THE SOUTHERN PART OF THE COUNTRY, THERE IS APPARENTLY NO LEGISLATION AGAINST POLLUTION. INCOME TAX EVASION IS ONE OF THE MOST COSTLY FORMS OF WHITE COLLAR CRIME. A DISTINCTION IS MADE BETWEEN ILLEGAL TAX EVASION AND LEGAL TAX AVOIDANCE. MORE ADEQUATE ENFORCEMENT OF EXISTING LAWS IS RECOMMENDED WHEN COMMUNITY CONCERN SURFACES ABOUT WHITE COLLAR CRIMES, AND THE NEED FOR METHODS TO OVERCOME EVIDENTIARY AND PROCEDURAL PROBLEMS IN TRIALS FOR PERSONS CHARGED WITH WHITE COLLAR CRIME IS STRESSED. FOOTNOTES ARE INCLUDED. APPENDIXES LIST REPORTS CONSULTED IN THE PREPARATION OF THE WORKING PAPER ON WHITE COLLAR CRIMES AND DELINEATE CORPORATE AFFAIRS PROSECUTIONS IN VARIOUS AUSTRALIAN STATES. (DEP)