What factors should be considered in determining the length and terms of a sentence? Should a crimes violent or non-violent classification carry the most weight? Frank S. Perri offers that focusing too much on a crimes violent or non-violent nature can lead to a punishment too severe or not severe enough for the crime committed.
I certainly knew it was nefarious, a little wormy, unethical, make no mistake about that but criminal? Fraud?- Jay Jones, convicted white-collar criminal, as quoted in The New York Times Magazine
Jay Jones lived the good life; unfortunately, he bought it fraudulently. As a result of his behavior, he left at least 4,000 people jobless when the debt collection business he helped co-found went bankrupt, according to a June 6, 2004, article in The New York Times Magazine.1 He pleaded guilty to conspiracy to defraud investors and was sentenced to five years in prison. He also owes about $1 billion in restitution to the victims of his fraud, according to the article. Was his sentence too light?
Consider the case of real estate attorney Chalana McFarland, who committed a myriad of fraudulent acts, including identity theft, illegal use of Social Security numbers, money laundering, and a mortgage scam that devastated lending institutions and families who bought homes, according to a U.S. Department of Justice press release.2 She was sentenced to 30 years in prison, even though she could have been sentenced to a life term and ordered to pay $12 million in restitution for the scheme that she controlled with the assistance of her co-conspirators, the press release said. Was her sentence too high?Although its reasonable to have a debate on what constitutes a proportionate and fair punishment to a fraud-based crime, anti-fraud professionals must be aware that the manner in which the debate on appropriate punishment is being framed can be misleading. One of the common arguments made by opponents advocating lenient sentences for convicted white-collar criminals is that their crimes are non-violent property crimes, and many are first-time offenders who dont fit the typical image of a street criminal. In this article, well address:
The inherent dangers of imposing punishment based on the premise that fraud is a non-violent property crime
Misperceptions surrounding the first-time offender argument in determining an appropriate punishment
Why white-collar crime sentencing might have increased over the years
DANGERS IN PUNISHING CRIME LABELSAND NOT THE HARM SUFFERED
I had no desire to live, no prospect of earning a living, no way to pay the bills. Retiree and Madoff fraud victim, as quoted in the Journal of the American Academy of Psychiatry and Law.
This quote exemplifies the voice of thousands recounting the personal and financial losses suffered when a trusted business advisor, professional, employee, business owner or other individual defrauds them. Psychiatrists Drs. Marilyn Price and Donna Norris wrote in their article in The Journal of the American Academy of Psychiatry and Law, white-collar criminals commit crimes that have victims whose lives are significantly affected and, at times, destroyed by these acts.3 However, there are academicians in law who downplay frauds underlying harm by removing the human element and labeling it a non-violent property crime. They have written extensively on the topic, advocating that white-collar criminals should receive more lenient sentences because of the crimes non-violent distinction, according to law professor Ellen Podgor of Stetson University.4
Yet, whats misleading about their argument is the assumption that only violent criminals inflict harm thats worthy of extensive punishment. In part, the harm that fraud victims incur is downplayed because the majority of the research on victimology has focused on conventional non-white-collar crimes.5
Thus the degree of perceived harm suffered by victims of white-collar crimes is compared to the harms suffered by victims of non-white-collar crimes because theyre the largely accepted conventional construction of crimes in the public conscience.6
White-collar crime is considered a special breed in the criminal justice system because theres a long history of perceived leniency for these criminals; many erroneously believe that white-collar crimes have no victims.7
Also, fraud offenses arent consistently included in crime victim surveys because criminologist might perceive that there are no visible victims, or the social harm is diluted among a number of people.8 Thus, fraud victims whose harm hasnt been captured by surveys would naturally appear to be victimless when compared to victims of non-white-collar crimes.
View post:
White-Collar Crime Punishment - Fraud
- Not Victimless: Understanding the harmful effects of ... - December 10th, 2016 [December 10th, 2016]
- State crime - Wikipedia - December 10th, 2016 [December 10th, 2016]
- Types of Crimes - Overview and Discussion - December 31st, 2016 [December 31st, 2016]
- Victimless Crime Constitutes 86% of The Federal Prison ... - January 8th, 2017 [January 8th, 2017]
- Arizona and California Auto Insurance Fraud Busts - Claims Journal - Claims Journal - February 7th, 2017 [February 7th, 2017]
- Police aim to prevent prostitution, human trafficking - Woburn Daily Times - February 7th, 2017 [February 7th, 2017]
- Campaigners say Rabobank should face trial for 'crimes against ... - DutchNews.nl - February 7th, 2017 [February 7th, 2017]
- Meth arrests, seizures surge in Bowling Green | News | bgdailynews ... - Bowling Green Daily News - February 7th, 2017 [February 7th, 2017]
- 7 arrested for auto insurance fraud scheme - KESQ - February 7th, 2017 [February 7th, 2017]
- Bitcoin, Stop Apologizing for Victimless Crime - Nigeria Today - February 7th, 2017 [February 7th, 2017]
- Perfectionism Is Insanity And Impossible To Accomplish - Being Libertarian - February 9th, 2017 [February 9th, 2017]
- Family of Collision Repair Shop Owners Allegedly Scammed Insurers Out of $560000 - BodyShop Business - February 9th, 2017 [February 9th, 2017]
- High rates of parental incarceration among African-Americans means that criminal justice reform is now education reform - USAPP American Politics and... - February 9th, 2017 [February 9th, 2017]
- Owners of Seven California Collision Repair Shops Allegedly Scammed Insurers Out of $560000 - BodyShop Business - February 10th, 2017 [February 10th, 2017]
- Cop Block Founder Ademo Freeman Arrested in Ohio for Drug Trafficking/Possession VIDEO - Free Keene - February 10th, 2017 [February 10th, 2017]
- Hinds County and Morton police team up on 11 drug arrests - Jackson Clarion Ledger - February 10th, 2017 [February 10th, 2017]
- Teddy bears, food packaging and family photos: The huge illegal ... - shropshirestar.com - February 10th, 2017 [February 10th, 2017]
- 3 juveniles sentenced for starting fire at MCDI in Springfield - wwlp.com - February 13th, 2017 [February 13th, 2017]
- Hadi's Bill opens doors for disproportionate punishments, constitutional expert says - Malay Mail Online - February 16th, 2017 [February 16th, 2017]
- Call to tackle rural crime as farmers 'soft targets' | UTV - ITV News - ITV News - February 16th, 2017 [February 16th, 2017]
- Open letter to MPs on Hadi's Bill - Malay Mail Online - February 17th, 2017 [February 17th, 2017]
- Law enforcement, advocacy groups work to stop sex trafficking in the Fox Valley - WGBA-TV - February 17th, 2017 [February 17th, 2017]
- Malaysia: Hundreds of thousands expected to join mass rally calling for greater Syariah laws - Asian Correspondent - February 18th, 2017 [February 18th, 2017]
- Rural crime figures are a concern - Farming Life - February 18th, 2017 [February 18th, 2017]
- 'Simply unacceptable': Northern Irish farmers remain soft targets for ... - FarmingUK - February 20th, 2017 [February 20th, 2017]
- What People Are Saying About Homeland Security's Plan to Crack Down on Immigrants - Phoenix New Times - February 22nd, 2017 [February 22nd, 2017]
- Stubbing out illegal cigarettes will help plug SA's budget deficit - Business Day (registration) - February 22nd, 2017 [February 22nd, 2017]
- Your tip sheet: No sanctuary - Atlanta Journal Constitution (blog) - February 23rd, 2017 [February 23rd, 2017]
- A Map of Corruption in France - Big Think - February 24th, 2017 [February 24th, 2017]
- Inside The Quiet, Prophetic Politics Of Theologian C.S. Lewis - The Federalist - February 24th, 2017 [February 24th, 2017]
- JAILED: Drug and gambling addict brought misery to train passengers - Eastwood Advertiser - February 24th, 2017 [February 24th, 2017]
- Drug addict Lucas Niewiem had cannabis farm above child's bedroom AND stole railway cable - Derby Telegraph - February 25th, 2017 [February 25th, 2017]
- Jewish community rallies against anti- Semitic attacks - San Diego Jewish World - February 28th, 2017 [February 28th, 2017]
- Efficiency And Effectiveness: Our Approach To Primary Markets - Speech By Christopher Woolard, Executive Director ... - Exchange News Direct - March 1st, 2017 [March 1st, 2017]
- With few safeguards, Jewish cemeteries make easy targets for vandals - Jweekly.com - March 1st, 2017 [March 1st, 2017]
- Number of suspected child sex offenders in Bedfordshire almost ... - Bedfordshire News - March 1st, 2017 [March 1st, 2017]
- Philadelphia unions offer to repair vandalized Jewish cemetery - Arutz Sheva - March 1st, 2017 [March 1st, 2017]
- Breastfeeding bills aim to help children of incarcerated mothers - NMPolitics.net - March 2nd, 2017 [March 2nd, 2017]
- John Klar: Scott plays both sides in marijuana debate - vtdigger.org - March 2nd, 2017 [March 2nd, 2017]
- Families of victims of Colombia's paramilitaries get their day in US court - The Guardian - March 2nd, 2017 [March 2nd, 2017]
- Preserving stories from Mt. Carmel - South Philly Review - March 3rd, 2017 [March 3rd, 2017]
- Legislature should ensure juries know their options - St. George Daily Spectrum - March 3rd, 2017 [March 3rd, 2017]
- How to End the War on Cops and Restore our Liberties at the Same Time - Being Libertarian - March 3rd, 2017 [March 3rd, 2017]
- Museum collects stories to show vandalized gravestones are more than just toppled rock - Newsworks.org - March 4th, 2017 [March 4th, 2017]
- The Sessions Scandal Exposes the Racist Double Standard of Trump's 'Law and Order' - AlterNet - March 4th, 2017 [March 4th, 2017]
- Feelings of vulnerability fomenting among local Jewish community ... - fox2now.com - March 6th, 2017 [March 6th, 2017]
- For Democrats, How Many American Victims Are Enough? - Townhall - March 6th, 2017 [March 6th, 2017]
- How to Reverse Incarceration in Louisiana: Thirteen Steps to Stop Being First in Being Last - Common Dreams - March 7th, 2017 [March 7th, 2017]
- Welch State Police Detachment welcomes new commanders - Bluefield Daily Telegraph - March 8th, 2017 [March 8th, 2017]
- Legislature boosts penalties for prostitution-related crimes - Deseret News - March 8th, 2017 [March 8th, 2017]
- This VOICE tells racist lies - Socialist Worker Online - March 9th, 2017 [March 9th, 2017]
- Wisconsin Veterinarian sentenced 4 years for labor, sex trafficking - Woodbury Bulletin - March 9th, 2017 [March 9th, 2017]
- Stop looking at child abuse online - get help now - Falkirk Herald - Falkirk Herald - March 11th, 2017 [March 11th, 2017]
- Convenience stores count the cost of retail crime - Talking Retail - Talking Retail - March 11th, 2017 [March 11th, 2017]
- Groton man who robbed Old Lyme bank on a bike sentenced to five years - theday.com - March 12th, 2017 [March 12th, 2017]
- Robert King sobs as he's spared jail for possessing thousands of images of child abuse - Somerset Live - April 8th, 2017 [April 8th, 2017]
- LA councilman targets 'knock-knock' burglars with $50,000 reward - LA Daily News - April 8th, 2017 [April 8th, 2017]
- Vehicle covered with anti-Muslim slurs in Rundle; police say hateful ... - Calgary Herald - April 8th, 2017 [April 8th, 2017]
- At Issue: Should Cobb County consider uniform public comment rules? - Atlanta Journal Constitution - June 6th, 2017 [June 6th, 2017]
- Spend tax dollars on addiction wisely - Kennebec Journal & Morning Sentinel - June 6th, 2017 [June 6th, 2017]
- Jeff Sessions & David Shapiro & the Rule of Law | National Review - National Review - June 6th, 2017 [June 6th, 2017]
- Schenectady man sentenced to 7 years in prison for child porn - Albany Times Union - June 7th, 2017 [June 7th, 2017]
- Making Whitefish best it can be - The Missoulian - June 7th, 2017 [June 7th, 2017]
- Letter: Judges should get say in drug sentencing - Times Herald-Record - June 7th, 2017 [June 7th, 2017]
- Allison Hanes: Disgrace is the deterrent for Applebaum - Montreal Gazette - June 8th, 2017 [June 8th, 2017]
- Independent business owners thank police and the ECHO for ending burglary "epidemic" - Liverpool Echo - June 8th, 2017 [June 8th, 2017]
- Hertfordshire Copp family jailed for 27 years for 45 million payroll tax fraud - Hertfordshire Mercury - June 9th, 2017 [June 9th, 2017]
- Police hunting rail cable thieves who caused travel disruptions in Sheffield - The Star - June 9th, 2017 [June 9th, 2017]
- Alleged Yahoo hacker Karim Baratov will stay in jail as he awaits extradition hearing - CBC.ca - June 9th, 2017 [June 9th, 2017]
- Rockland's chief detective retiring after 45 years investigating murders, corruption - The Journal News / Lohud.com - June 9th, 2017 [June 9th, 2017]
- Accused hacker will remain in custody after appeal of bail decision ... - CP24 Toronto's Breaking News - June 10th, 2017 [June 10th, 2017]
- The extent to which a state should exist - Being Libertarian - June 11th, 2017 [June 11th, 2017]
- Man gets 8 years for pandering - Martins Ferry Times Leader - June 14th, 2017 [June 14th, 2017]
- Child porn, prostitution sting nets 4 | News, Sports, Jobs - Leader ... - Gloversville Leader-Herald - June 14th, 2017 [June 14th, 2017]
- Rebel With a Cause: The One Conservative Who Voted For Legal Pot - Marijuana.com - June 14th, 2017 [June 14th, 2017]
- Students For Liberty's Ethan Pritchard wants students to have carry-conceal on campus - Rare.us - June 16th, 2017 [June 16th, 2017]
- Man Sentenced to 3 Years in Crash That Killed Chehalis Motorcyclist - Centralia Chronicle - June 16th, 2017 [June 16th, 2017]
- Sporting clubs devastated by senseless vandalism - Coffs Coast Advocate - June 16th, 2017 [June 16th, 2017]
- Man had indecent images of children on his mobile phone - South Wales Argus - June 16th, 2017 [June 16th, 2017]
- Cwmbran man had 132 indecent images of children on his mobile ... - South Wales Argus - June 17th, 2017 [June 17th, 2017]