With a seventy-five year history of sociological and later legal roots, the term “white collar crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under hybrid white collar statutes of perjury, false statements, obstruction of justice, and RICO. The empirical analysis suggests the need for an individualized multivariate approach to categorizing white collar crime to guard against broad federal statutes providing either under-inclusive or over-inclusive examination of this form of criminality.The article will appear later this year in the Georgia Law Review. To download a free copy of the article, click here.
Tuesday, July 21, 2015
New Article - Defining White Collar Crime
I recently posted a new article to SSRN entitled "'White Collar Crime': Still Hazy After All These Years." The article is authored with Professor Ellen S. Podgor of Stetson University College of Law. Below is the abstract.