DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW

SOCIO ECONOMIC
CRIMES

WHITE COLLAR CRIMES WITH SPECIAL EMPHASIS ON CORPORATE

CRIMES AND CYBER
CRIMES

SYNOPSIS

Submitted to: Mr. Anil Sain

Assistant Professor(Law)
Dr. RMLNLU, Lucknow

Submitted by: Eishan Kalia

Semester X
Roll No. 47

The present criminal justice system is in great quiver these days with new
amendments and improvements on one hand while the growing crime on the
other hand along with the rising corruption. The arena of white collar crimes
should be taken into due consideration with rising criminal behavior of the
mankind.WhiteCollar Criminality is described as a crime committed by a
person of respectability and high status, in the course of his occupation.
Corporate crime overlaps with white-collar crime, because the majority of
individuals who may act as or represent the interests of the corporation are
employees or professionals of a higher social class. Corporate crime refers to
crimes committed either by a corporation, or by individuals that may be
identified with a corporation or other business entity.
The Cyber crime done through profiteering by stealing of the contracts
transacted through internet and the stealing of the personal data, funds etc
leads to the cyber white collar crime because it is often committed by high
officials aiming to steal big accounts.Cyber refers to imaginary space, which is
created when the electronic devices communicate, like network of computers.
Modern criminology generally rejects a limitation of the term by reference to type
of crime and of course, white collar crimes are governed by the general
principles ofcriminal law.
It is essential to note that as these crimes are conducted by the people of HighStatus so the possibility of punishing them reduces at the faster level. Hence it
pertinent that strict punishable steps are adopted avoiding all the effects of
corruption and political interferenceto establish a JUST SOCIETY.
The final paper shall aim at identification of the main issues concerning
hindrance pertaining to the future of criminology, analysis of the issues and
viable recommendations for those issues.
The present criminal justice system is in great quiver these days with new
amendments and improvements on one hand while the growing crime on the
other hand along with the rising corruption. The arena of white collar crimes
should be taken into due consideration with rising criminal behavior of the
mankind.
The American Sociologist Edwin Sutherland first coined the phrase White
Collar Criminality which he described as a crime committed by a person of
respectability and high status, in the course of his occupation. The definition had
been traced from the outbreak of the Second World War. Sutherland was a
proponent of Symbolic Interactionism, and believed that criminal behavior was
learned from interpersonal interaction with others. White-collar crime therefore
overlaps with corporate crime because the opportunity for fraud, bribery, insider
trading, embezzlement, computer crime, and forgery is more available to whitecollar employees.
The term white-collar crime only dates back to 1939. Professor Edwin Sutherland
was the first to coin the term, and hypothesize white-collar criminals attributed
different characteristics and motives than typical street criminals. Mr. Sutherland
originally presented his theory in an address to the American Sociological Society
in attempt to study two fields, crime and high society, which had no previous
empirical correlation. He defined his idea as "crime committed by a person of
respectability and high social status in the course of his occupation." Many
denote the invention of Sutherland's idiom to the explosion of U.S business in the

years following the Great Depression. Sutherland noted that in his time, "less
than two percent of the persons committed to prisons in a year belong to the
upper-class." His goal was to prove a relation between money, social status, and
likelihood of going to jail for a white-collar crime, compared to more visible,
typical crimes. Although the percentage is a bit higher today, numbers still show
a large majority of those in jail are poor, "blue-collar" criminals, despite efforts to
crack down on corporate crime.
White collar crime tends to refer to crimes committed at a business by a
businessman or woman. Such crimes might include embezzlement or fraud.
Criminology expert and sociologist, Edwin Sutherland, in a 1939 speech, coined
the term. Sutherland posited that people are more likely to commit crimes when
they are surrounded by criminal behavior of others. This philosophy relates to
punishment of white collar crime by the US justice system. A white collar criminal
is considered less likely to commit another crime, and punishment may be softer
than for crimes involving violence.
Today the definition of white collar crime refers the socio-economic status of the
person committing the crime. A person from the middle or upper classes
commits a white collar crime simply because of his origin. However, if the crime
is violent in nature, it still is likely not considered a white collar crime.
Most believe that white collar crime is a less punishable offense, than for
example a mugging where violence is threatened. However, white collar crimes
like embezzlement, the stealing of company funds, may ultimately harm more
people. If funds are irrecoverable, a white collar criminal might technically steal
all the savings of people who depend upon those savings in order to live. When
the money cannot be recovered, the white collar criminal has caused more
damage by his actions than the mugger.
Modern criminology generally rejects a limitation of the term by reference to type
of crime and the topic is now divided: The most common white-collar offenses
include: antitrust violations, computer and internet fraud, credit card fraud,
phone and telemarketing fraud, bankruptcy fraud, healthcare fraud,
environmental law violations, insurance fraud, mail fraud, government fraud, tax
evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks,
counterfeiting, public corruption, money laundering, embezzlement, economic
espionage and trade secret theft.
By the type of offense, e.g. property crime, economic crime, and other corporate
crimes like environmental and health and safety law violations. Some crime is
only possible because of the identity of the offender, e.g. transnational money
laundering requires the participation of senior officers employed in banks. But
the Federal Bureau of Investigation has adopted the narrow approach, defining
white-collar crime as "those illegal acts which are characterized by deceit,
concealment, or violation of trust and which are not dependent upon the
application or threat of physical force or violence" (1989, 3). Because this
approach is relatively pervasive in the United States, the record-keeping does not
adequately collect data on the socioeconomic status of offenders which, in turn,
makes research and policy evaluation problematic. While the true extent and
cost of white-collar crime are unknown, it is estimated to cost the United States
more than $300 billion annually, according to the FBI.
By the type of offender, e.g. by social class or high socioeconomic status, the
occupation of positions of trust or profession, or academic qualification,
researching the motivations for criminal behavior, e.g. greed or fear of loss of
face if economic difficulties become obvious. Shover and Wright (2000) point to
the essential neutrality of a crime as enacted in a statute. It almost inevitably
describes conduct in the abstract, not by reference to the character of the
persons performing it. Thus, the only way that one crime differs from another is

in the backgrounds and characteristics of its perpetrators. Most if not all whitecollar offenders are distinguished by lives of privilege, much of it with origins in
class inequality.
Of course, white collar crimes are governed by the general principles of Criminal
law. Thus, with some exceptions, to gain a white collar conviction The
government must prove (1) the required mental state, or mens rea, (2) The
required physical component, or actus reus (generally either the
defendants conduct, such as entering into a conspiracy.

FINAL DRAFT OVERVIEW:

Criminal Justice System: Challenges and Future Agenda
Introduction
Mens rea issues in white collar cases
White-Collar Crimes Broad Categories
Role of enforcement agencies
Implementation of the law
Corporate white collar aspect
Nominalist and Realistic
Cyber White Collar Aspect
Frequently used Cyber Crime:Cyber criminals
Money laundering

Conclusion

The said piece of paper denotes the present context of white collar crimes. It is
essential to note that as these crimes are conducted by the people of HighStatus the possibility of punishing them reduces at the faster level. Hence it
pertinent that government should adopt strict punishable steps avoiding all the
effects of corruption and political interference to establish a JUST SOCIETY.