By Stephanie Holmes Didwania

Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and other financial crimes tends to focus on the absence of so-called “white-collar” prosecutions against wealthy executives. This Article complicates that familiar narrative. It contains the first nationwide account of how the United States actually prosecutes financial crime. It shows—contrary to dominant academic and public discourse—that the government prosecutes an enormous number of people for financial crimes and that these prosecutions disproportionately involve the least advantaged U.S. residents accused of low-level offenses. This empirical account directly contradicts the aspiration advanced by the FBI and Department of Justice that federal prosecution ought to be reserved for only the most egregious and sophisticated financial crimes. This article argues, in other words, that the term “white-collar crime” is a misnomer.

To build this empirical foundation, the Article uses comprehensive data of the roughly two million federal criminal cases prosecuted over the last three decades matched to county-level population data from the U.S. Census. It demonstrates the history, geography, and inequality that characterize federal financial crime cases, which include myriad crimes such as identity theft, mail and wire fraud, public benefits fraud, and tax fraud, to name just a few. It shows that financial crime defendants are disproportionately low-income and Black, and that this overrepresentation is not only a nationwide pattern, but also a pattern in nearly every federal district in the United States. What’s more, the financial crimes prosecuted against these overrepresented defendants are on average the least serious. This Article ends by exploring how formal law and policy, structural incentives, and individual biases could easily create a prosecutorial regime for financial crime that reinforces inequality based on race, gender, and wealth.

Northwestern Law & Econ Research Paper Forthcoming, outhern California Law Review, Vol. 97, 2024, 54 pages

Edited by Chris Monaghan and Nicola Monaghan

The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences. The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials.

Abington, Oxon, UK: Routledge, 2018. 230p.

By Brent Fisse and John Braithwaite

This book explains why accountability for corporate crime is rarely imposed under the present law, and proposes solutions that would help to extend responsibility to a wide range of actors. The authors develop an Accountability Model under which the courts and corporations work together by having the law harness the internal disciplinary systems of organizations. In this way accountability would be achieved across a much broader front than would otherwise be possible.

New York: Cambridge University Press, 1993. 288p.

By Petter Gottschalk

This brief extends studies on how corporations respond to scandals by examining the evolution of the accounts that corporate agents develop after a scandal becomes public. Guided by the theory of accounts and a recently developed perspective on crisis management, its examines how the accounts developed by thirteen corporations caught up in highly publicized scandals changed from the time of initial exposure to the issuance of an investigative report. This brief continues the discussion of the broader managerial and social implications of the analysis of accounts, and analyses their effect on our understanding of the ability of corporations to weather serious scandals. It includes four case studies; from Switzerland, Moldova, Denmark, and Norway respectively.

Cham: Springer, 2020. 147p

Edited by Diane Vaughan, Henry N. Pontell and Gilbert Geis

Corporate crimes were once thought of as victimless offenses, but now—with billions of dollars and an increasingly global economy at stake—this is understood to be far from the truth.

The International Handbook of White-Collar and Corporate Crime explores the complex interplay of factors involved when corporate cultures normalize lawbreaking, and when organizational behavior is pushed to unethical (and sometimes inhumane) limits. Featuring original contributions from a panel of experts representing North America, Asia, Europe, and Australia, this timely volume presents multidisciplinary views on recent corporate wrongdoing affecting economic and social conditions worldwide.

New York: Springer, 2007. 702p.

Edited by Lawrence M. Salinger

With more than 500 entries (including up-to-date information on such high profile cases as Martha Stewart and Enron), the <strong>Encyclopedia of White-Collar & Corporate Crime gathers history, definitions, examples, investigation, prosecution, assessments, challenges, and projections into one definitive reference work on the topic. This two-volume encyclopedia incorporates information about a variety of white-collar crimes, and provides examples of persons, statutes, companies, and convictions. Each entry offers a thorough and thoughtful summary of the topic. Rather than a simple definition, users are given a satisfying and sophisticated synopsis with references for further study.

London; Thousand Oaks, CA: SAGE, 2004p. 1016p.

Edited by John Minkes and Leonard Minkes

"This timely collection contains contemporary case studies and critical analyses by leading writers in the study of white collar corporate crime. It makes an invaluable contribution to the ′criminology of the corporation′."

London; Los Angeles, SAGE, 2008. 224p.

By Petter Gottschalk

This book introduces 'convenience' as the key concept to explain financial crime by white-collar criminals. Based on a number of fraud examination- reports from the United States and Norway, the book documents empirical evidence of convenience among white-collar criminals. It advances our understanding of white-collar crime by drawing attention to private investigation reports by fraud examiners and financial crime specialists, who are in the growing business of fraud investigations. Reports of investigations have never before been researched in terms of white-collar criminals nor crime convenience. Reports of investigations by auditing and law firms represent a valuable empirical basis – in addition to court documents and other sources of information about financial crime.

Cham: Palgrave Macmillan, 2016, 134p.

Edited by Nic Ryder

This edited collection provides an innovative and detailed analysis of the relationship between the financial crisis, risk and corruption. A large majority of the published research has concentrated on identifying the traditional factors that contributed towards the largest financial crisis since the Wall Street Crash and subsequent Great Depression. This original volume contests this, and provides the alternative view that white collar crime was also an underappreciated, and important factor.

Divided into five parts: bribery and corruption; financial crime; market manipulation; technology and white collar crime; and the financial crisis, and based on contributions by a wide range of experts in the field, this book will be of great interest to policy makers and practitioners, researchers and students alike.

London: Palgrave Macmillan, 2018. 377p.

By Harold Winter

Since Gary Becker’s seminal article in the late sixties, the economic analysis of crime has blossomed, from an interesting side field within law and economics, into a mature stand-alone sub-discipline that has been embraced by many well-respected academic economists. Wide ranging and accessible, this is the most up-to-date textbook in this area, taking current economic research and making it accessible to undergraduates and other interested readers. Without use of graphs or mathematical equations, Winter combines theory and empirical evidence with controversial examples from the news media.

London; Routledge, 2008. 146p.

By Allepandro Bernales, Diether Beuermann, Douglas Cumming. and Christiaan Olid

Relatively little is known about the effects of blue-collar crime (theft, robbery, vandalism or arson) on financial decisions. Previous literature has focused its attention either on 'regional' crime rates or the 'perception' of crime as business obstacles. Instead, we examine financing terms of 'individual' firms that 'effectively' experimented blue-collar crime events. We show that blue-collar crime worsens the access and conditions to external financing, which is unexpected since firms do not have to reveal to lenders that they suffered such crime incidents. We also find evidence that firm-information leakages may explain the negative effects of blue-collar crime on financing terms.

Washington, DC: Inter-American Development Bank, 2022. 785p.

Edited by Gjalt de Graaf , Patrick von Maravić. and Pieter Wagenaar

Money makes the world go round - corruption The book presents the state of the art in studying the causes of corruption from a comparative perspective. Leading scholars in the field of corruption analysis shed light on the issue of corruption from different theoretical perspectives. Understanding how different theories define, conceptualize, and eventually deduce policy recommendations will amplify our understanding of the complexity of this social phenomenon and illustrate the spectrum of possibilities to deal with it analytically as well as practically.

Opladen & Farmington Hills, MI. Barbara Budrich Publishers. 2010. 207p.

By Petter Gottschalk and Lars Gunnesdal.

Lack of Detection, Investigation and Conviction Compared to Social Security Fraud . Examines the magnitude, causes of, and reactions to white-collar crime, based on the theories and research of those who have uncovered various forms of white-collar crime. It argues that the offenders who are convicted represent only ‘the tip of the iceberg’ of a much greater problem: because white-collar crime is forced to compete with other kinds of financial crime like social security fraud for police resources and so receives less attention and fewer investigations. Gottschalk and Gunnesdal also offer insights into estimation techniques for the shadow economy, in an attempt to comprehend the size of the problem. Holding broad appeal for academics, practitioners in public administration, and government agencies, this innovative study serves as a timely starting point for examining the lack of investigation, detection, and conviction of powerful white-collar criminals.

Palgrave Macmillan. (2018 ) 151p.

By Michael J. Lynch.

A revised and extended edition of the popular Crimes Against Health and Safety, this classic dissects the popular myths promoted by traditional criminology, uncovers who the real criminals are, and the extent of their dreadful crimes. The authors have written a new Introduction specially for this Kindle edition. CONTENTS: 1.Quiet Violence. 2.Corporate Crime: Definition and History. 3.Calling a Crime a Crime. 4.Conventional Laws for Unconventional Crimes. 5.Regulating Health and Safety. 6.Green Criminology: Corporate Violence and the Environment. 7.Explaining Corporate Violence. 9.Restructuring Risk Decision-making.References.

RECOMMENDED: If you're fed up with white collar crime, corporate arrogance and greed, then this book is for you. Makes a provocative text for upper division undergraduate courses on the Nature of Crime and its Control. Never fails to stimulate animated discussion in graduate classes.

NY. Harrow and Heston Publishers. 2014. 212p.