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White Collar Crimes

White collar crime is a by-product of the traumas and travails of the 20th century. It usually happens in a financial institution or any other business entity. It is usually committed and ‘executed’ by very competent officers of that business organization who may hold the key to the finances of that company. They are very knowledgeable and experts in their own field.

The advent of information technology enabled services has spun its share of white collar crimes that are carried out by computer experts capable of manipulating the computer software. So how can white collar crimes be defined? A general definition may be given as bribery in high places, financial fraud in companies, cheating, and misappropriation of company funds, and of course, forgery.

White collar crimes related to businesses that are totally computerized are usually committed with the aid of computer software experts who may be the prime perpetrator or the accomplice to the crime. The rest is done through routine paperwork. With the connivance of the computer expert, detection of such crimes becomes a Herculean task. Even routine auditing of the company’s books of accounts may not reveal the siphoning of the money. By the time the management notices something is amiss and does some serious internal snooping with expert auditing, the culprit would have made good his or her escape to enjoy a life of leisure in a far away sunny island in the Pacific.

The ordinary blue-collar criminal or the street criminal is usually a poor scoundrel or vagabond capable of committing murder, assault, vandalism, rape or just plain old burglary and theft. It may be his economic background that may have made him a victim of circumstances. They are usually ‘faceless’ people in the crowd who will have no reputation to safeguard should they be caught and punished. Poverty may be attributed to such criminal instincts.

Not so with the non-violent white collar criminals who are opportunists. They usually belong to the upper echelons of society. They usually have respectable facades, good family backgrounds and are financially sound. They may also wield some element of power to influence politicians and the like for their unjust gains. They carry on their reprehensible activities with the hope that they will never be caught. But when the law catches up with them, their stakes are very high indeed as the reputation of their entire family, innocent by-standers in the whole drama, is put on the line and even dragged to the streets. Corruption and greed in high places ruin not just the criminal but entire generations of their extended families. All for the sake of a few dollars more of tainted money that does not really buy them happiness.

White collar crimes are basically motivated by greed and greed corrupts. They commonly find themselves in situations or environments where they become custodians of large sums of money that does not belong to them. Left unmonitored they are tempted to make ‘hay while the sun shines’. These are usually educated and clever people wise enough to cover their tracks. By the time the authorities discover that something is amiss in their organization, the white collar criminals would have scooted with their booty.

Business Fraud Crimes

Business crimes are committed by people who are respected in the society. So business crimes are also called white collar crimes. Business crimes include insider trading, embezzlement, forgery, computer crime, fraud and bribery. Now a day, business crimes involve billions of dollars. It is very much doubtful whether the perpetrators in the United States are getting their dues especially when they are the top officials of big corporations. All crimes are committed by individuals or groups of individuals. It must be dealt as such. People should not escape penalty just because they belong to big corporations. The current trend in the United States is that the corporate executives who commit white collar crimes escape with a promise not to repeat the crime or with a fine.

Right to privacy is guaranteed in this country. But, now we see this right to privacy is violated in several ways by corporations. For the purpose of customer relation management big companies must have a lot of personal data about the existing and prospective clients. In other words, the corporations collect information about the customers which infringe their right to privacy. Freedom and privacy are inter-related. Any threat to privacy is a direct threat to freedom.

Misleading the market, market manipulation and market abuse are all clearly business crimes and they must be dealt with as such. But in practice only some of the perpetrators of such crimes have to face criminal prosecution. Others are seen escaping with civil action or regulatory enforcement action. It seems that there is no uniform method to apply in every case of business crimes. Some of the corporate crimes committed in recent times are of great magnitude. Those frauds committed by Enron, Tyco, Worldcom and Adelphia are much bigger than any blue collar crimes. Another business crime continuously is being committed is the health care fraud. It runs into a few hundred billions of dollars every year. The savings and loan fraud of the United States is said to have swindled the people of 300 to 500 billion dollars.

On the manufacturing front tens of thousands of people die every year with occupational diseases. Asbestosis and black lung are some of the major occupational killer diseases of the United States. The people responsible for these are respectable in society and they have a powerful lobby to influence even the law making in the country. They are never booked for any killing even though they cause more deaths than those caused by the street gangsters and the mafia. One major example is the automobile industry. They could effectively block any legislation in the Congress for punishment for willful violation of safety laws in the industry. Environmental pollution is another thing which the perpetrators are not asked to answer.

The unfortunate part is that the companies are now prepared to take more risks. The reason is that they are sure that they can get a deal with the prosecutors when they are caught and get away with a small fine as per their standard. Another way out is to get the prosecution deferred.

Asset Forfeiture

Asset forfeiture is confiscation of the property, by the State, of a criminal whose property is earned as a result of committing crime. Confiscation of property used for terrorism or illegal acts is also termed as asset forfeiture. For example, vehicles used for transporting illegal narcotics and banned weapon of destruction are confiscated under asset forfeiture. Asset forfeiture laws are in force not only in the United States. Several other countries like Australia, the United Kingdom, some provinces of Canada, Ireland and South Africa also have such laws. In several countries the law is known by some other names. However, the aim of these laws in every country is to prevent organized heinous crimes committed on a large scale.

In the United States both criminal and civil proceedings are used for asset forfeiture. In a civil forfeiture case, it is not the person who is sued. Instead the property in question is sued. Almost all cases of forfeiture proceeding in the US are civil. There is a reason for that. The cost of defense is enormous in a civil proceeding. The total expenditure may add up to $10,000 and the time taken for decision go up to three years! The victim may be scared off fighting the case. All that the government has to prove is that there exists a probable cause for civil asset forfeiture. The owner of the property has to give evidence to prove that the property is not liable for asset forfeiture. The government has the freedom to choose between civil and criminal proceedings. Normally they choose the more difficult one for the owner of the asset. Criminal forfeiture proceedings are resorted to following a criminal conviction. It is normally included in the sentence.

Assets seized by the Justice Department agencies are managed by the US Marshals Service. At present they are said to have in their possession properties worth over $1.4 billion. The properties seized by the Treasury agencies are managed by the United States Treasury Department. Both Marshal Service and Treasury Department sell the properties by auction and use the proceeds for law enforcement purposes. These agencies also have the right to retain any seized property under asset forfeiture in their possession, if in their opinion, the possession will further the cause of law enforcement.

The state highway police forces also confiscate large amounts of liquid cash found in vehicles during a vehicle check on the highway. Such seizures are done on the presumption that only drug money is transported in large amounts of cash. The proceeds of seizures by highway police are spent by them under the supervision of the local judge. There are complaints that such expenditure do benefit the judges who oversee the spending. Now, allegations are rampant that asset forfeiture is effected by the law enforcement agencies on mere suspicion only. The law permits it. But the misery caused to the innocent victims is untold. To seize a large amount of money from anyone is easy for police. But to reclaim the good money though the court of law is not that easy for the victim!

Grand Jury Investigation

The grand jury investigation is often initiated by a Federal Court and it is tasked with seeking information about a particular crime or accusation, evaluating evidence and allegations, and based on all these it will determine whether the criminal charges that come to its discretion are warranted or not. The local US Attorneys or the Department of Justice special prosecutors are the agents that present the evidence to it.

What is the role of grand jury?
A grand jury that is investigating a particular incident assesses if a case that involves a crime has enough in it to go for a trial. It the interest of the US Government to make a grand jury investigation for all the cases where federal laws have been broken to determine the viability of the case. The grand juries are not employed in all the states in the country are they are ordinary citizens are consisted of 16 to 20 people. If the grand jury finds that the case is a genuine one and there are enough evidences to proceed with the case, it will issue indictments.

The grand jury is part of the system to be a check to the prosecutorial system so that the prosecutors cannot blatantly accuse people of crimes where there are only little evidences exists. This is one of the reasons for some of the people in the society to feel that grand jury investigation is not the right choice to provide a balance in the legal system. Moreover, the suspect is asked to appear before a grand jury before without legal counsel. Since there are many arguments against the grand jury investigation in the system, many states have abolished it and only half of the states in the country have it now. However, the Fifth Amendment of the Constitution of the United States suggests that a grand jury should hear the evidence prior to a person being indicted for a serious crime.

How are grand juries selected?
In most jurisdictions in the state the names of the jurors are usually culled from various databases like national voters list, public utilities lists and from motor vehicle license. However, they are not screened for any biases or other such things. They are supposed to be devoid of any biases and at times the practical realities of the situation may come against the theories. It is the prosecutor who brings the case to the grand jury and he is the one who decides which witness to call and which one to receive immunity. The prosecutor does all the basics and the grand jury normally asks questions at the end of the session.

Conclusion
To sum up the primary role of the grand jury is to assess about the crime accused on a person and his role is to act as a buffer between the king and the citizens. Though some argue that the role of a grand jury is only that of a rubber stamp, it is still relevant in the society as a voice for the people.

Money Laundering

Money laundering is a term used to describe the criminal practice of converting money obtained illegally to look like it was obtained from legal sources. In other words, the illegal source is made to look like a legal source after the laundering process is complete. It consists of three phases known as placement, layering and integration.

We shall look at how the process takes place. Huge sums of money are deposited in banks overseas that do not have strict disclosure laws. This is called placement. Subsequently this money from the first bank undergoes many financial transactions to different banks and through different bank accounts in different countries under various names. The deposits are continuously shuffled from one account to another, in different countries and in different currencies. This is called layering. At this point it becomes extremely difficult to track the money. Finally the laundered money is integrated into the mainstream economy by routing it into various business investments and purchase of expensive houses, limousines, jewelry, luxury yachts and real estates. In this way the source appears to be legitimate.

For example, illegal money obtained from the spoils of white collar crimes, is converted into clean money. So also money obtained as bribes by corrupt politicians and officials. The greed of these men, lure them to go on amassing wealth beyond their legal means.

For instance, take the case of real estate transactions. Huge amounts of money that are obtained illegally are first laundered. Such laundered money may be concentrated in the hands of organized groups. They would then offer very high premium prices for land that in reality may not be worth much, and buy out the small time land owners who will naturally be tempted when they are made such attractive offers that they cannot refuse.

Plot by plot, acre by acre, such well-organized syndicates would control huge tracts of land thereby inflating the land value in the entire precinct. The land would then be sold off to huge commercial land developers who would build commercial and residential complexes to be then sold at extremely high prices to clients from the upper echelons of society. Such land would then be out of reach of the ordinary buyer who only desires to build a small dwelling house for his family. This is when the authorities step in to assess the land value and fix a benchmark price of land in an equitable manner for a given locality.

It creates a parallel economy that puts more wealth into the hands of the unscrupulous and corrupt individuals. The socio-economic problems that it creates affect the entire society. The drug menace is another evil that is funded through tainted money that is laundered. We know how the drug menace destroys entire families and societies. To think that vast wealth is concentrated in the hands of a few who get it by illegal means while the majority works hard to make ends meet is certainly a social anomaly that has to be remedied.

So, unless a concerted effort is made to control these activities, laundered money can be used to fund terrorist and other nefarious activities, which is wreaking untold havoc across the globe. Everyday, the newspapers scream with headlines of some kind of terrorist activity or drug trafficking or some sort of scams in some corner of the globe. It is an international problem that calls for the attention of the powers that be.

Complex Criminal Fraud

Fraud is a term that can be used with broad strokes of definition, as it is a deliberate manipulation in which the other people suffer damages, especially monetary losses. Many people regard lying as a form of fraud, but in strict legal terms, it constitutes only a small element of actual fraud. For instance, a salesman who is lying about his background or a person who is boasting about his abilities are not treated as fraud if he remains truthful about the product he sells or when he is not intended to harm people.

Complex criminal frauds occur especially in complicated financial transactions that involve white-collar criminals and business professionals with great knowledge in their area and with criminal intent. Many of these fraud cases involve people with great reputation, or they create an element of reputation in the minds of the people using deliberate actions. They may even dig into big business firms in the guise of entrepreneurs and thus they create a believable atmosphere about their actions.

One of the major problems associated with criminal fraud is that it is not easy to prove these deeds in the court. In the United States the law varies from state to state and so is the punishment. One of the most common petty frauds is the misrepresentation of facts. For instance, if a seller sells products that have defects, then the question comes whether he sells it deliberately or unknowingly. There are many cases of fraudulent involvement in insurance to get the amount. In all these cases the deceived one should be able to prove that the accused party has the intention of misleading him.

Complex criminal fraud has their manifestations in identity theft. This is a serious crime in which a person obtains the private data of another and uses it for his economic gain. Identity thefts are most commonly employed in banking transactions and for economic gains. These are many instances of such frauds especially when then people are not using secure methods for online banking and transactions. There are many phishing sites and scam messages to your email requesting for passwords and other such things.

The best way to stay away from these things is to have a good awareness on the chances of frauds. Whenever you come to something new, or when you come to something important, make sure that everything is secure and nobody has crept into your business or to your personal data. If you are aware of the chances of fraud, then there are lesser chances for you to get deceived. The more prudent you are the more secure your business and money.

The Department of Justice considers fraud as a serious offense and the Congress in 1998 passed the Identity Theft and Assumption Deterrence Act to ensure the safety of the people. The offense may result up to 30 years of imprisonment, fine, and/or criminal forfeiture for any property used or intended to be used for committing any criminal deeds.

Prison Transfer

The prisoners have no inherent right for a prison transfer. Bu it is the policy of the Prison Service in the United States to encourage keeping frequent contacts between the prisoner and the prisoner’s family members. The frequent meetings with the kith and kin during imprisonment will avoid the loneliness the prisoner may feel when far removed from them for a long time. Normally, it is the prison governor who grants a prison transfer. But in the case of a Category A prisoner or one with a life imprisonment, the decision on prison transfer is taken by the prison headquarters. A prisoner is also transferred when he/she is bullied by others and his/her security is threatened.

To obtain a prison transfer, the prisoner may apply in a special form provided in the prison. Alternatively, he or she can get a prison transfer through the prison’s request/complaint system. The prisoner must have remained in the present prison for a few months to make him eligible to apply for a prison transfer. Decision on application for a prison transfer is considered taking into account the following facts:

• Change in their security category.
• For security reasons Category A prisoners are frequently moved from prison to prison.
• As part of the sentence the prisoner has to undergo a course which is not available where the prisoner currently is.
• To allow the prisoner to serve the final weeks of the sentence in a prison near the home.
• When the main visitor of the prisoner has a medical problem.
• When bullied by other inmates of the prison.
• When the prisoner becomes a threat to discipline in the prison.

After making request for prison transfer under the request/complaint system the prisoner is entitled to get a response within seven days. Transfer is not granted automatically on application. Several things like availability of space in the desired prison will be taken into account. The prisoner cannot resort to legal action if the transfer is refused. But he/she can appeal to the Prison Service Headquarters and if refused there too, to the Prison Ombudsman. The family of the prisoner also can help get a prison transfer. But they can intervene only after the request for transfer is made by the prisoner. They can represent to the prison governor how it is difficult for them to keep frequent contact with prisoner.

While making a prison transfer the prisoner has a right to send a special letter to a regular visitor free of any cost. For additional letters and making telephone calls by the prisoner, permission can be granted at the sole discretion of the prison governor. In the case of Category A prisoners they may not get enough time to write a letter or make a phone call because they are not given advance notice of transfer. In such cases the prisoner can leave the details about the people whom the prisoner wants to inform about the transfer. The prison authorities are bound to inform those people.

Internet Crimes

Along with the plethora of benefits that it offers, Internet services also have a hidden potential for harm. Anyone can access internet free of cost and get almost any information he or she requires. You only have to have a high speed internet or broadband connection. But in this cyber world, unknown to many, there are plenty of secrets and dangerous zones. Some of them are listed below:
• Hacking
• Cyber Stalking
• Child Pornography
• Internet Fraud
• Software Piracy
• Cyber Terrorism

There are many more like these. Normally, hacking is done by sending you a file and tempting you to download it. If you download it, a Trojan is installed in your hard disk. It will do the spy work and send information about files to the hacker. One way to prevent is not to open the strange files. A second method is to use an old dummy computer to open suspicious mail. A third method is to install an anti-virus, firewall and anti-spy-ware solution.

Cyber stalking is threatening or harassing victims using e-mail and other electronic communication channels. Normally, the stalker happens to be a man and the victim a woman. To avoid, this first thing you have to do is to make a habit of visiting only safe sites. When talking to a person online, make sure you speak only those words, which will not be wrongly interpreted. If a personal meeting is arranged with an online acquaintance take another person whom you can trust with you. Tell the stalker you are not interested. If it does not stop there, then report to the police.

Child pornography is a multibillion business today. It is actually a sexual abuse of the child. Child pornography is perpetrated by films showing sexually explicit activities involving children. There is a group of people who argue that the crime of child abuse is reduced by such internet sites. Their argument is that the pedophiles will be satisfied with the pictures. But the fact remains that the children are abused for taking the pictures and many people are using these pictures for “grooming” other children. Police forces all over the world and the Interpol are doing their best to prevent this.

Internet frauds include online auctions, lotteries, Nigerian money offers, phishing, sweepstakes and advance fee for loans. In fraudulent auctions you are made to pay unbelievably low prices and the goods are never delivered. In lotteries and sweepstakes you are informed that you have won some prizes and asked to pay a small amount to claim it. Nigerian money offers are now notorious in which you are promised to be paid big amounts in exchange of a payment of a small transfer fee in advance. Phishing is obtaining your personal information like credit card number, pausing as genuine credit providers. Another way is to demand advance fee for arranging large loans. The best way to escape these frauds is not fall in their traps.

When unauthorized persons use any software, the developer of the software does not get his dues. Additionally such software may contain virus also. Cyber terrorism is aiming at disrupting the information system.