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Luis Obispo
406
White-Collar Crime
Elite deviance, official deviance, and corporate deviance have all been
used in recent works as alternatives to Sutherland's original formulation
(Simon and Eitzen 1982; Ermann and Lundman 1978, 1982; Douglas and
Johnson 1977). These concepts all have the virtue of breadth and flexibility, but they are limited by the inherent difficulties of defining what sort
of elite practices are actually deviant. Even though the criminal law
contains ample ambiguities of its own, a t least each geographic area is
covered by a delimited set of legal norms that can be changed only through
certain formal procedures. There are, in contrast, a vast number of
groups with their own unique norms defining what is and is not deviant.
Not only are many of those definitions contradictory, but, because most
groups have no direct knowledge of the elite activities that have come to
be labeled as deviant, their definitions are also subject to erratic changes
in response to vicissitudes of media coverage and public mood. Because
of the absence of clearly formulated public standards for elite behavior,
sociologists using the deviance approach must often rely on their own
values and prejudices to define the parameters of their work. In so doing,
they not only threaten the integrity of the research process but also undermine the credibility of the entire effort to bring the problem of whitecollar crime into the arena of public debate. Furthermore, the use of so
evanescent a concept to define this politically charged field of study risks
exacerbating the seemingly endless quarreling over definitional issues that
has already consumed so much scholarly attention in this field.
Narrower conceptualizations such as corporate crime, business crime,
political crime, and government crime (Clinard and Yeager 1980;
Roebuck and Weeber 1978; Conklin 1977) avoid these definitional problems and have an important place in contemporary criminology. The
distinction between organizational crimes committed with support from
an organization that is, a t least in part, furthering its own ends, and
occupational crimes committed for the benefit of individual criminals
without organizational support, provides an especially powerful way of
classifying different kinds of white-collar crime. But the utility of these
concepts does not mean that the overall category of white-collar crime is
composed of an accidental collection of unrelated offenses. The activities
included under the rubric of white-collar crime encompass a wide range
of behavior, but they share many important similarities and require treatment as a single phenomenon for many analytic purposes. All whitecollar crimes are, by definition, violations of the law committed in the
course of a legitimate occupation or financial pursuit by persons who hold
respected positions in their c o m m u n i t i e ~All
. ~ types of white-collar crimes
Sutherland (1983, p. 2) originally defined a white-collar crime as "a crime committed
by a person of respectability and high social status in the course of his occupation."
White-Collar Crime
research on white-collar crime in holding motivation to consist of a set of
symbolic constructions defining certain kinds of goals and activities as
appropriate and desirable and others as lacking those qualities. An opportunity is defined as a potential course of action, made possible by a
particular set of social conditions, which has been symbolically incorporated into an actor's repertoire of behavioral possibilities. Thus, a potential course of action becomes an opportunity only when someone is aware
of it. In popular speech, the use of the word opportunity is generally
restricted only to those things an individual actually wants to do. We
speak of the opportunity to double an investment not the opportunity to
have cancer surgery, but the definition given above would accept any
possible course of action as an opportunity. An opportunity can, nonetheless, be characterized as attractive or unattractive from the standpoint of
a particular individual. One opportunity may also be said to be more
attractive than another, in a general sense, if it is more appealing to the
majority of the individuals to whom it is available.
Because social structure becomes a reality only through its effects on
the behavior of individual persons (Collins 1981), my analysis will begin
with an examination of the motivational patterns of white-collar offenders. I will then consider the ways social structure influences motivation
and determines the patterns of opportunities available to the occupants of
different social statuses.
THE INTERACTIONIST THEORY OF MOTIVATION
There is a strong tendency among the general public and even many
psychologists and criminologists to see the criminal as an abnormal individual with significant biological or psychological differences from other
people. Yet, despite the popularity of such theories, they have seldom
been applied to white-collar offenders. There have been virtually no
scientific attempts to uncover a hereditary component in white-collar
criminality or to attribute it to a biological condition of some other origin.
Nor has there been a significant effort to link white-collar crime to family
background or abnormalities in early socialization. While somewhat
greater attention has been given to the psychological makeup of whitecollar offenders, this line of investigation has proved no more rewarding.
Sutherland ([I9491 1983; Cohen, Lindesmith, and Schuessler 1956) argued strongly for the psychological normality of white-collar criminals,
and studies of different groups of white-collar offenders by Blum (1972,
pp. 145-57), Bromberg (1965, pp. 377-400), Spelling (1944), and Spencer
(1965) support this conclusion. Although those four researchers do posit
some common psychological characteristics as causal factors in their subjects' criminal involvement, there is far too little consistency in their
White-Collar Crime
p. 101). Cressey's respondents also reported using several other justifications, but the claim that they were just borrowing the money was by far
the most common, probably because it is so well suited to neutralizing the
definition of embezzlement as deviant behavior.
Such symbolic constructions are often referred to as rationalizations by
interactionist theorists, but the term carries a different connotation in this
context than it does in everyday speech. T o interactionists, a rationalization is not an after-the-fact excuse that someone invents to justify his or
her behavior but an integral part of the actor's motivation for the act (see
Cressey 1969). Most of Cressey's embezzlers, for example, would not
have committed their offenses if they had defined such activities as simple
theft instead of as borrowing.
The borrowing rationalization so common among embezzlers is much
less appropriate for most other kinds of white-collar crime. There are,
however, ample data from both sociological research and the public statements of convicted offenders to construct a typology of the techniques of
neutralization used by white-collar criminals. One of the most common of
these techniques is the denial of harm. When convicted white-collar offenders are asked to explain their behavior, they frequently claim that
their actions did not harm anyone, and they have therefore done nothing
wrong. A Westinghouse executive who was one of the defendants in the
1961 heavy electrical equipment price-fixing trials expressed this
justification when he was asked if he thought his behavior was illegal. He
responded: "Illegal? Yes, but not criminal. . . . I assumed that a criminal
action meant hurting someone, and we did not do that" (Geis 1977,
p. 122). Similar justifications were expressed in Zeitlin's (1971) study of
workers discharged for stealing from their employers. As one of his subjects put it: "It's not really hurting anybody-the store can afford it"
(p. 22). Moreover, survey data show the public to be more tolerant of
theft from large businesses and government than from smaller, more
vulnerable organizations, probably because theft from a larger organization is perceived as less damaging to the victim (Smigel 1956).
Individuals involved in organizational crimes frequently justify their
behavior by claiming that the laws they are violating are unnecessary or
even unjust. Complaints about "government interference" in the free
market are, of course, common in the business community, and business
leaders often use the ideology of laissez-faire capitalism to criticize laws
and regulations that they consider inappropriate. Because laissez-faire
ideology holds many of the regulatory laws to be more harmful to the
public than the business practices they prohibit, it can be used to justify a
host of business crimes. Clinard (1952, p. 69), for example, concluded
that gasoline dealers' belief that the wartime rationing of gasoline was
unnecessary was a "rationalization for the violations which were occur-
White-Collar Crime
1977, p. 124). Moreover, there is ample evidence that such fears are often
justified. A report to the Securities and Exchange Commission concerning Lockheed's involvement in foreign bribery states that "the Committee
was told by several witnesses that employees who questioned foreign
marketing practices damaged their claims for career advancement"
(Clinard and Yeager 1980, p. 65).
A closely related technique of neutralization involves transfer of responsibility from the offender to a large and often vaguely defined group
to which he or she belongs. When asked to explain their criminal activities, admitted offenders repeatedly claim that 'everybody else is doing it
too.' As one embezzler put it: "In the real estate business you have to
paint a pretty picture in order to sell the property. We did a little juggling
and moving around, but everyone in the real estate business has to do
that. We didn't do anything that they all don't do" (Cressey [I9531 1971,
p. 137). One of the major themes of the 'everybody's doing it' rationalization is that it is unfair to condemn one violator unless all other violators
are condemned as well. The following statement of a defendant in a
British corruption case is typical in this regard: "I will never believe I
have done anything criminally wrong. I did what is business. If I bent the
rules, who doesn't? If you are going to punish me, sweep away the system. If I am guilty, there are many others who should be by my side in the
dock" (Chibnall and Saunders 1977, p. 142).
Such justifications imply that criminal behavior must be some sort of
individual choice and that a person is not responsible for his or her
behavior when merely conforming to the expectations of others. Thus,
corrupt employees often claim that they have not done anything wrong
because their actions were considered acceptable behavior by their peers
(see Geis 1977, p. 142). These justifications are very important ones, for
opinion polls indicate that business people not only believe that their
peers are willing to commit unethical acts but that they are actually doing
so. A study by the Haruard Business Review found that four out of five
executives felt that some of the generally accepted practices in their industry were unethical and that four out of seven believed that other executives would violate a code of ethics if they felt they would not be caught
(Baumhart 1961). A 1975 survey of top officials in America's 57 largest
corporations found that they believed unethical behavior to be widespread in industry and that it had to be accepted as a part of everyday
business activities (Silk and Vogel 1976). Another study concluded that:
"Most managers believed that their peers would not refuse an order to
market off-standard and possibly dangerous products (although a majority said they would personally reject such orders), and a majority thought
young managers automatically go along with superiors to show loyalty"
(Madden 197 7).
Although the existing body of interactionist research presents a convincing account of the motivations of white-collar offenders and the ways in
which they neutralize the symbolic constraints on their behavior, it fails
to explain the origins of the motivations it describes. Consequently, its
attempt to explain the origins of white-collar crime fails as well. The
answer to this question must ultimately be found on the structural, not
the social-psychological, level, and the failure of interactionist theorists
lies precisely in their failure to root their analysis in the political economy
of industrial capitalism.
This is not to imply that current interactionist theory has no explanation of the origins of these motivational structures, for it clearly does. The
problem is that the explanation it offers focuses so heavily on the socialpsychological level that it breaks down when followed to its logical conclusion. Simply stated, the interactionist position is that the symbolic
constructs that motivate criminal behavior are learned from association
with others. Sutherland provides the most comprehensive statement of
this idea in his theory of differential association: "The hypothesis of dif-
White-Collar Crime
ferential association is that criminal behavior is learned in association
with those who define such behavior favorably and in isolation from those
who define it unfavorably, and that a person in an appropriate situation
engages in such criminal behavior if, and only if, the weight of favorable
definitions exceeds the weight of unfavorable definitions" (Sutherland
[I9491 1983, p. 240). In one sense, Sutherland denies the possibility of true
deviance. He argues that individuals automatically conform to the expectations and definitions of their associates and that criminal behavior does
not occur without such social support-certainly
not a position Mead
would have a ~ c e p t e d The
. ~ theory of differential association thus transforms crime from a problem of deviant individuals to a problem of deviant groups, but, in so doing, it still fails to answer the question of the
origins of criminal motivation. Even if it could be shown that all criminal
behavior is learned from association with others, we still must ask why
certain groups foster criminal motivations and others do not. Current
interactionist theory supplies no a n ~ w e r . ~
In order to back out of this dead end, we need to reexamine how the
construction of the motivational patterns of white-collar offenders is handled in the interactionist literature. The taxonomy of rationalizations
presented above provides a great deal of information about the way
offenders justify their criminal behavior but tells us little about why that
behavior is attractive in the first place. There is, however, no question in
the public's mind about the attraction of white-collar crime. The respondents in Lane's (1954) sample of business and government leaders clearly
reflected the consensus of the public when they claimed that whitecollar criminals were simply out to make a "fast buck," and, for once,
there is little reason to doubt the conventional wisdom. The desire for
financial gain is indeed an obvious part of the motivation of most offendMead (1934) felt that the self contains two different components: the "I" and the
"me." The me is a passive reflection of the responses a n individual's behavior produces
in others, but the I is the spontaneous, creative side of individual behavior that is
capable of free action, independent of external pressure.
Sutherland himself clearly recognized the role of structural variables in the etiology
of criminal behavior, but he failed to integrate them into his explanation of whitecollar crime. The theoretical conclusions presented in chap. 15 of White Collar Crime
(1983, pp. 240-57) place heavy stress on the importance of differential association. He
also included a brief discussion of two facets of social disorganization that encourage
white-collar crime-the anomie created by the transition from laissez-faire policies to a
more regulated economic system and the conflicts between the business community,
which is strongly organized for criminal activities, and the government, which is much
more weakly organized to prevent them. But he did not seem as convinced of the value
of the disorganization approach as he was in his earlier work on the origins of crime
(see, e.g., Sutherland 1934, pp. 63-74). H e concluded that the explanation of crime in
general in terms of social disorganization . . . has not proved to be a very useful
hypothesis up to the present time" (1983, p. 257).
White-Collar Crime
waking hour is lived with both the practical and subconscious knowledge
that if he ever relaxes, if he ever slows down, the other hungry, restless
foxes, ferrets, wolves, and vultures out there with him won't hesitate to
make him their prey . . ." (Malcolm X 1965, p. 109). This same fear of
failure in the competitive struggle for wealth and success is just as clearly
reflected in the middle-class world of American television: "Television's
world is relentlessly upbeat, clean, and materialistic . . . with few exceptions prime time gives us people preoccupied with personal ambition. If
not utterly consumed by ambition and the fear of ending up as losers,
these characters take both the ambition and the fear for granted" (Gitlin
1983, pp. 268-69). This fear of failure is the inevitable correlate of the
demand for success, and together they provide a set of powerful symbolic
structures that are central to the motivation of economic behavior.
This undercurrent of fear is nothing new to the culture of competition,
and contemporary consumer culture is undoubtedly as materialistic and
success oriented as any in history. But a number of social theorists argue
that the growth of huge, impersonal bureaucracies and the increasing
influence of the social sciences, which view individuals as partially or
wholly determined by their social environment, have weakened the
"rugged individualism" of the 19th century (Mills 195 1; Riesman 1950;
Whyte 1957; Wuthnow 1976). There is little doubt, for example, that
some persons become involved in organizational crimes because of their
identification with the interests of their employer and not because of their
desires for personal success. But, any weakening in the individualistic
orientation of contemporary culture must be seen in the perspective of its
original strength. The primary motivation of the vast majority of organizational criminals is still the personal rewards they expect from their
employer, not an altruistic desire to help their organization. Moreover,
the key components of the culture of competition in motivating the whitecollar criminal-the desire for wealth and success and the fear of failure-have, if anything, grown stronger in the 20th century.
Yet human motivation is never a simple phenomenon, and those two
desires cannot account for the motivation of all white-collar criminals.
Some crimes result from the effort to live up to the expectations of friends
and associates in the offender's occupational world or from an unreflective acceptance of a set of definitions that make certain criminal activities
seem to be a normal part of the occupational routine. Examples include
the bureaucratic functionaries who obediently carry out their superiors'
orders with little or no thought about the consequences and members of
occupational subcultures who participate in an pattern of illegal activities
in order to win the acceptance and support of their peers. However, when
analysis is extended beyond single individuals to encompass the entire
group that sustains such criminogenic attitudes, the influence of the cul-
White-Collar Crime
him in a position to exchange the surplus for things that he could not
produce himself, at this moment there arises in man the notion of no longer
giving to his comrades what they need, but of keeping for himself the
surplus of what his labor produces, and exchanging it. Then it is that the
mode of production begins to run counter to the social instincts of man
instead of favoring it as heretofore.
Bonger couches his analysis of the effects of this growing economic surplus in rather moralistic terms, arguing that it produces a growth of
egoistic rather than altruistic motivation, but his work nonetheless points
up the important role of surplus wealth and market exchange in the
formulation of motivational patterns typical of industrial societies.
Many ethnographic studies since Bonger's time have shown that exchange relationships in hunting and gathering societies are indeed based
on sharing and reciprocity. Lee (1979) found that the bands of !Kung
bushmen he studied in the Kalahari Desert shared all the available food
equally. Most of the !Kung's food is gathered by small groups of foragers.
When food is brought back to the camp, it is divided among all members
of the band. It makes no difference whether an individual has been
foraging, hunting, or just sleeping; everyone receives the same share.
Dentan (1968) found a similar pattern of distribution among the Semai of
Central Malaya. Animal meat is highly prized among these people, but
even when a hunter succeeds in killing a large animal, he still has no more
claim on its meat than any other member of the band. When the animal is
brought back to camp, it is cut up into equal portions and distributed to
all who are hungry. No special status or reward is given the hunter. He is
not even thanked by the other members of the group, for, as Dentan
(1968, p. 49) puts it, ". . . saying thank you is very rude, for it suggests
first that one has calculated the amount of a gift, and second that one did
not expect the donor to be so generous." Significantly, the Indians living
along what is now the northwest coast of the United States and Canada,
whose fishing activities generated a more substantial surplus, were less
egalitarian and more competitive than other hunting and gathering peoples (Benedict 1934; Harris 1980, pp. 233-37).
The displacement of the open sharing of reciprocal exchange by the
calculated self-interest of market exchange creates very different attitudes
among those involved in economic transactions and, ultimately, in society
as a whole (see Bonger [I9051 1969, pp. 37-38; Engels [I8841 1972;
Leacock 1978). Market exchange is inevitably tied to ideas of profit and
loss, and often the greater the gain of one trading partner, the lower the
profit of the other. Thus, as production for market replaces production
for immediate consumption, competition and the quest for personal gain
tend to displace the cooperative sentiments fostered in reciprocal exchange. Of course, reciprocal exchange is still common among relatives
White-Collar Crime
collar crime lies in the normative restraints on economic life that attempt
to provide rules of the game within which the struggle for personal gain is
expected to be waged. These normative restraints include such things as
the need for honesty, fair play, and ethical practices in business, as well
as the injunction to follow the laws and standards imposed by government authority. But, like the culture of competition itself, these norms
can be understood only in the context of the structural forces in which
they have their roots. Despite the strong support the economic system
provides for the ideals of competitive individualism, it is clear that the
pursuit of economic self-interest must be contained within some normative boundaries-or social and economic chaos would be the ultimate
result. The economic rationality necessary to industrialism demands that
exchange relationships be based on some set of mutually accepted standards. Without these rules, exchange relationships would become vastly
more difficult for all parties involved, and many of the complex economic
relationships characteristic of modern society would be virtually impossible to maintain. By making the struggle for personal gain appear fairer to
its participants, these standards also help to legitimize the economic order
in the eyes of the majority of people who do not stand out as particularly
successful competitors. The demands of social life outside the economic
realm also require normative restraints, and some of those are inevitably
applied to economic behavior in even the most segmented societies. The
restrictions placed on activities that are seen as wantonly destructive of
human life or a physical danger to the community are typical examples.
These ethical standards for economic behavior are easily combined
with the values of competitive individualism on the theoretical level, but
in actual practice there is often an obvious contradiction between the two.
While the pronouncements of public figures tend to emphasize theory and
ignore the practical contradictions, there is little doubt in the public's
mind that those who are willing to violate ethical standards enjoy a
significant competitive edge over those who are not. In the words of the
popular homily: "Nice guys finish last." This contradiction is a major
source of tension in modern society that is not only reflected in the survey
research on the ethical standards of business managers (Baumhart 1961;
Silk and Vogel 1976; Madden 1977) but also in countless literary and
artistic works. Indeed, the laws, regulations, and standards defining
white-collar crime reflect this contradiction and the effort to demand
compliance with ethical standards for economic behavior in the face of
the extreme pressures of competitive individualism. The rationalizations
examined by the interactionist theorists represent a different approach to
resolving this contradiction, one that tends to weaken the normative
restraints rather than reinforce them.
The relative strength of these two cultural forces and the way the
White-Collar Crime
Because of this isolation, work-related subcultures are often able to
maintain a definition of certain criminal activities as acceptable or even
required behavior, when they are clearly condemned by society as a
whole. There are numerous examples of executives who expressed
genuine surprise and even shock that other people looked at their illicit
activities as criminal behavior. Typical is the statement by one General
Electric executive that price fixing "had become so common and gone on
for so many years that we lost sight of the fact that it was illegal" (Geis
1977, p. 123). Carey's (1978, p. 384) description of the attitude of
Richardson-Merrell Company employees, who concealed tests showing
the dangerous side effects produced by one of their company's drugs,
reflects this same normative isolation: "No one involved expressed any
strong repugnance or even opposition to selling the unsafe drug. Rather,
they all seemed to drift into the activity without thinking a great deal
about it." But the influence of such subcultures works both ways and may
also discourage criminal behavior. For example, the same police subcultures that defined some types of corruption as providing a kind of harmless fringe benefit also condemned the acceptance of "dirty money" from
narcotics dealers (Knapp Commission 1972; Pennsylvania Crime Commission 1974). Subcultures in such professions as medicine and dentistry
have a similar dual influence. Strongly held sentiments of group solidarity
and collegial support make it much more difficult for enforcement agents
to punish wrongdoers, yet at the same time those subcultures still hold out
high standards of ethical behavior as the ideal for their members.
Of course, the formulation of criminal motivation depends on far more
than the definitions to which an individual is exposed by virtue of his or
her occupational position. The ideas, values, attitudes, and beliefs individuals bring into the workplace play a decisive role in determining
which of the definitions that they learn on the job become part of their
taken-for-granted reality, which are given only tentative acceptance, and
which are rejected out of hand. Early socialization is especially important
in shaping an individual's vision of the world, but many other experiences
are a part of this ongoing process of reality construction. Membership in
groups such as those based on kinship, religion, or friendship often serve
as a counterbalance to the influence of occupational associations. But
their importance depends on the way an individual actor goes about the
task of constructing a meaningful world. Some persons maintain a highly
integrated definition of self and the reality it inhabits, and their behavior
is guided by a symbolic network that weaves together elements from all
the social worlds in which they participate. But others have a far less
global sense of reality and experience no difficulty in following one set of
standards and definitions on the job and a contradict,ory set in other social
relationships. The increasing segmentation of personal reality is an often-
White-Collar Crime
the availability or attractiveness of legitimate opportunities will normally
increase the attractiveness of illegal opportunities. The attractiveness of
an opportunity for white-collar crime is not, however, an inherent characteristic of the opportunity structure, the opportunity itself, or of the
motivation of the individual actor; it arises out of the relationship among
them.
The next step in this analysis is to describe and attempt to account for
the distribution of the opportunities for white-collar crime. Unfortunately, the available empirical research does not allow me to do either
with any degree of certainty. The most obvious shortcoming is the lack of
sufficient research examining a wide enough range of variables. But there
are also some difficult methodological problems that weaken the research
that has been done. Virtually all the quantitative measures of white-collar
crime used in these studies are based on reports by regulatory and criminal justice agencies. Although those statistics are certainly influenced by
the underlying crime rate, they also reflect a number of extraneous variables such as the likelihood of detection and the priorities and procedures
of the agencies themselves. A second problem is that some of the variation in the distribution of white-collar crime results from the distribution
of motivation as well as the distribution of opportunity. Even if there
were precise data available on the distribution of white-collar offenses,
separating opportunity from motivation would still require careful analysis. Yet, despite these difficulties, it is useful to draw some preliminary
conclusions both as a summary of the current state of our knowledge and
as a basis for further research.
Law and Enforcement
In one sense, the law is the most basic of all forces shaping the distribution of opportunities, for it is the law that ultimately determines which
behaviors are considered criminal offenses. A comprehensive analysis of
the origins of the current structure of legal norms is beyond the scope of
this paper. There is little doubt, however, that these norms are the product of conflicts among many competing social interests, the outcome of
which ultimately reflects the structure of power and the internal contradictions of contemporary industrial capitalism. The high degree of economic concentration characterizing such societies gives the corporate elite
far more power than any other segment of society, but it is not unlimited
power. Under the right circumstances, abuses by elite groups may stimulate popular discontent that requires some sort of legislative response to
maintain the legitimacy of the system. In addition, some white-collar
crime legislation, such as the statutes regulating stock and bond trading
or prohibiting embezzlement, is actively supported by business interests,
White-Collar Crime
example, the Wisconsin study found only 56 cases in which corporate
executives were charged with criminal offenses for their involvement in
organizational crimes, yet the study examined all the reported cases involving America's 477 largest corporations during a two-year period
(Clinard and Yeager 1980, p. 291). McCormick (1977) found that fewer
than 700 criminal charges had been brought against antitrust violators in
the 80-year period from 1890 to 1969 and that most of the early cases were
brought against labor unions, not big business. Yet, a survey of the chief
executives of the 1,000 largest firms in the United States found that 58%
believe that antitrust violations were a "way of life" in American industry
(Green et al. 1972, pp. 149-SO), and appraisals by two different studies
conclude that price fixing is quite prevalent in the United States (Green et
al. 1972, p. 150; Clinard et al. 1979, p. 184).
Victims also play an important part in determining the likelihood and
severity of punishment for different types of white-collar offenses. Many
white-collar crimes, such as antitrust violations, victimize a large number
of persons who individually lose only a small amount. Often, victims of
such crimes are not even aware that they have been victimized. These
offenses can be expected to carry a lower chance of detection because few
victims are likely to complain to enforcement agencies. Offenses in which
each victim suffers an obvious loss at the hands of a clearly recognizable
offender are more likely to come to the attention of the enforcement
bureaucracy. Pressure from victims can also be expected to increase the
severity of the sanctions given a particular offense, as would the level of
the general public's concern about a particular offense at the time it is
uncovered. Thus, illegal disposal of toxic wastes would be more risky
after a series of well-publicized cases that had focused public attention on
the dangers of such activities. Other things being equal, it would also be
expected that the greater the financial loss and the more the physical
injuries caused by an offense, the greater the punishment would be.
However, this relationship is often obscured by the fact that the harm
caused by a crime is also related to the size and influence of the offenders.
Larger, more serious crimes are more likely to be committed by larger
organizations with greater resources for protecting themselves.
Industries
Both the distribution of opportunities and their relative attractiveness
vary significantly from one industry to another. The demand for profit is
one of the most important economic influences on the opportunity structure for organizational crime. But, because this demand is such a pervasive part of business organization in capitalist societies, many criminologists have lost sight of the fact that it varies significantly from one sector
White-Collar Crime
dence of bribery. Clinard and Yeager (1980, pp. 165-66) hold that bribery is most common in highly competitive industries, but Kugel and
Gruenberg (1977, p. 36) take the opposite position, arguing that because
"oligopolistic markets are characterized by lack of price competition,
international payoffs become a kind of nonprice competition." Data from
the international payoff scandals in the 1970s suggest that bribery is
common in both competitive and collusive industries but takes different
forms in each. Most of the payoffs by firms, such as aircraft manufacturers, that were in highly competitive international markets were made to
influence particular purchasing decisions while the petroleum industry,
long characterized by the absence of competition (Blair 1975), aimed its
corruption a t public officials with the hope of improving the overall climate for the operations of petroleum multinational^.^ But, because it is
doubtful that more than a small percentage of all the incidences of bribery
ever came to light even during this well-publicized scandal, these conclusions can be regarded as only a tentative hypothesis.
Because of the weakness of the quantitative data, other researchers
have used a case-study method, analyzing conditions that contribute to
the rates of particular white-collar offenses in particular industries. Farberman (1975) and Leonard and Weber (1970) concluded that the economic organization of the automobile industry virtually forces individual
dealers to engage in shady business practices. They argue that the
oligopolistic firms that control the supply of new automobiles pressure
their franchises to sell their cars at an extremely low price in order to
increase their sales volumes, and dealers are therefore forced to make up
their losses through repair and service rackets and other fraudulent activities. Denzin (1977) found similar conditions in the liquor industry. Distillers impose rigid sales quotas on their distributors that force them to give
untaxed, under-the-table incentives to retailers in order to keep their
volumes up. Needleman and Needleman (1979) have, however, criticized
the assumption in such studies that the participants are coerced into
criminal activity. They argue that in most cases it is more accurate to talk
about "crime-facilitative" rather than "crime-coercive" systems. Their
study of the securities industry, for example, found many conditions that
made criminal activities easier but did not actually force individuals to
participate. More specifically, the Needlemans found that the legal doctrines limiting the financial risk in handling stolen securities, the strong
financial incentives to keep up market flow, and the traditions of trust
and professional solidarity in the banking industry all combine to facilitate securities theft.
For a breakdown of the known offenses by industry, see Kugel and Gruenberg (1977,
p 47).
White-Collar Crime
with motivations and rationalizations, knowledge about the availability
of criminal opportunities and specific techniques necessary to carry them
out also diffuse throughout an industry (Barnett 1984). The illegal activities of a firm also have a direct effect on its competitors. For one thing,
seeing a competitor increase its profits by illegal means is likely to enhance the attractiveness of such behavior, while the failure of a competitor's illegal enterprise is likely to have the opposite effect. Profits generated by illegal means may also allow a firm to lower its prices or take
other advantages over its competition, thus reducing the attractiveness of
the competition's legitimate opportunities and encouraging all firms in the
industry to become involved in similar illegal practices.
Organizations
Most of the quantitative research on the organizational level has focused
on a single issue: the effects of an organization's profitability on its involvement in criminal activity. The general conclusion of this research is
that the attractiveness of illicit opportunities increases as profitability
declines. George Katona's (1946) study of wartime price-control legislation concluded that firms in the meat and laundry industries were more
likely to comply with the law if their profits were rising than if they were
declining. Lane (1954) reached the same conclusion about fair-trade violations in the New England shoe industry-manufacturers were more
likely to break the law when profits were going down. Barnett (1984)
found a positive correlation between bankruptcy rates and the violation
of tax laws in Sweden. However, he failed to find a relationship between
an index of overall economic performance and tax violations. Staw and
Szwajkowski (1975) found that firms cited for antitrust violations had
been earning lower profits than firms that were not. The Wisconsin study
of corporate crime also concluded that ". . . firms in depressed industries
as well as relatively poorly performing firms in all industries tend to
violate the law to a greater degree" (Clinard and Yeager 1980, p. 129).
Despite the relatively large number of studies indicating that low
profitability encourages corporate crime, a great deal of caution is still
required in drawing any firm conclusions. For one thing, reports from
government enforcement agencies once again provided the only measures
of actual criminality. Moreover, the strength of the correlation in most of
these studies was not very great, so profitability seems to explain only a
small amount of the variance in crime rates. Finally, some of the relationship between low profitability and crime is probably due to the greater
ease of rationalizing criminal behavior seen to be necessary to the survival
of an organization and not to the opportunity structure itself. I t nonetheless seems logical to argue that low levels of profitability are a reflection of
White-Collar Crime
feel they are under significant pressure to compromise their ethical standards (Baumhart 1961; Brenner and Molander 1977; Clinard 1982).
Occupations
Although most of the research on white-collar crime has focused on the
industry and organizational level, it is equally important to examine the
structure of opportunities associated with different statuses in organizations and the independent professions. However, the great diversity of
such statuses and the paucity of sociological research make it possible to
present only a few examples of the forces that influence the distribution of
opportunities. The attractiveness of the opportunities for bribery, for
instance, depends to a substantial degree on the economic value of the
services the occupant of a particular status can offer in exchange for
corrupt payments. One of the reasons corruption is more common in the
enforcement of narcotics and vice laws than in the enforcement of other
legal norms is that organized criminals supplying those illegal goods and
services are willing to pay large sums of money to gain the cooperation of
the police (Knapp Commission 1972; Pennsylvania Crime Commission
1974). Other occupations with rich opportunities for corruption include
purchasing agents, government inspectors, and politicians. The opportunities for embezzlement seem to vary with the degree of financial trust
placed in the holders of different occupational positions. Accountants,
bookkeepers, and clerks have many opportunities for embezzlement,
while other employees in the same organizations may have none. Opportunities for fraud and other illegal financial manipulations appear to be
greatest in occupations with direct involvement in financial dealings such
as those of salespeople and upper-level executives.
One of the most important determinants of the illicit opportunities
available to professionals is the financial arrangements determining their
remuneration. Professionals working on a fee-for-service basis have numerous opportunities to persuade their clients to consent to profitable but
unnecessary procedures, while those working on salary have nothing to
gain from such activities. It is difficult to determine how common such
fraudulent practices actually are, but there is considerable evidence that
unnecessary medical procedures are a serious and widespread problem
(Brody 1976; Rensberger 1976). A subcommittee of the House of Representatives concluded that there are 2.3 million unnecessary surgical procedures a year in the United States that result in an annual loss of about
11,900 lives (Brody 1976). Similar charges have been made about "overlawyeringn-the practice of persuading uninformed clients that they need
more legal services than they actually do-although the results are seldom as physically harmful as those in the medical ~rofession.
The objective of this paper has been to create a unified theoretical framework to explain the causes of white-collar crime. However successful this
endeavor has been, much remains to be done. Existing research has
established the general outlines of the rationalizations used to justify
white-collar crimes, but larger and more comprehensive quantitative
studies are needed to determine more clearly the distribution and relative
importance of the different rationalizations and to search for other common justifications that may have been overlooked. Scientific attention
should also be directed to the variations in the original motivations for
white-collar offenses. A good place to start such investigations would be a
quantitative exploration of the relative strength of the culture of competition and the normative restraints on it among different groups and differ-
White-Collar Crime
ent organizational segments of society. An examination of the developmental changes in the balance of these two forces as individual actors
respond to different environmental influences and career contingencies
may also yield valuable information. Another fruitful area for research
lies in the comparative study of the culture of competition. A quantitative
assessment of the relative strengths of this system of beliefs in capitalist
and communist nations would be particularly interesting because industrialized communist nations share many of the structural characteristics
that gave rise to the culture of competition (great surplus wealth,
monetarized market exchange, and a high degree of social inequality), yet
their official ideology condemns most of the central tenets of the culture of
competition as the product of a corrupt capitalism. A comparative analysis of the opportunities for white-collar crime created in those two types of
societies would also be valuable if reliable quantitative measures could be
used. Much more work must also be done to clearly delineate the structure of opportunities for white-collar crime in capitalist societies. Broadly
based studies of the variations in opportunities among different occupational statuses and in different industries would be particularly useful in
this regard.
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