ELITIST MINDSET : WHITE-COLLAR CRIME
/Elitist Mindset: White-Collar Crime
By: Christopher Scilingo
Crimes are committed on a daily basis all around us and have been since early ancient laws were first imposed on humans. Crimes, whether they are violent in nature, involve property or public order, in most cases involve a wrongdoer and a victim. In the most simplistic approach, a wrongdoer is identified and brought to justice for the crimes they may have committed. What happens when right and wrong are not clearly identified and when wrongdoing is difficult to prove? What happens when crimes that are committed are nonviolent in that the wrongdoer doesn’t directly cause bodily harm to anyone but the results of his actions may be injurious? The type of crimes I am referring to is called white-collar crime, and there are a few reasons that make combating it difficult.
Some people could suggest and argue that white-collar crime was a great contributing factor to the recession in 2008. From embezzlement and fraud to insider trading, all had serious negative effects on the economy and more significantly people were financially crippled as a result. Why have we not seen in the media about the arrests and prosecutions of these offenders? Is it because white-collar crime is not viewed to be as stimulating and eye-catching as other violent crimes are? That is one of the first reasons why white-collar crime is difficult to combat.
White-collar crime typically does not draw the same attention as other crimes do. Because media and other groups in society do not place adequate emphasis on many white-collar crimes, especially when it is considered nonviolent, white-collar crime is perceived as more of a bad judgment than a criminal offense. When these acts are viewed as mistakes where victims and offenders used poor judgment, the acts tend to be treated as such. Compared to the murderers, rapists and gangs that get the headlines, white-collar criminals just don’t scare the public very much.
Many white-collar crimes are difficult to prove. When it comes to financial- and information-type white-collar crimes like insider trading, the burden of proof falls to the accusers. The accusers are typically regulatory and federal agencies that must prove that those involved received some tangible benefit from giving or receiving private information. This can be hard to prove, and many cases have been dismissed because of lack of proof. Also, these federal cases will be argued in a federal court, which can be very time-consuming. More time equates to more of a defense a wrongdoer can gather. One method to combat lengthy cases is to bring them before an administrative hearing, which moves much quicker and offers less time to gather evidence or strengthen a defense.
Wealthy people are among the biggest offenders of white-collar crime and can often afford the best legal defenses should they become the subject of a criminal investigation. Unlike those who commit street crimes, white-collar offenders are much more likely to be elitist members of higher societal classes, and possibly even among the economic elite. They have the resources to present a compassionate picture of their life while claiming that violations of the law were just aberrations from an exemplary life. They may also argue that the corrupt culture and atmosphere of their work environment led them astray to make poor decisions but had no true intentions of wrongdoing. For the right price; a legal defense can transform someone who may be seen as a greedy and fraudulent into a remorseful human being who, for various reasons, made a big mistake.
Crimes in general can prove to be difficult to combat, and white-collar crimes face specific challenges. Some of the challenges to combat white-collar crime include overcoming their perception, prosecuting them in court and prosecuting wealthy offenders. Crime is crime no matter who commits it.
