White-Collar and
Organized Crime
CHAPTER OUTLINE
- White-Collar
Crime
- Edwin Sutherland and White-Collar Crime
- Defining White-Collar Crime
- Occupational Crime: Lawbreaking for Personal Gain
- Organizational Criminality and Corporate Crime
- International
Focus: Financial Corruption in Russia
- Crime and
Controversy: Harvest of Shame: Pesticide Poisoning of Farm Workers
- The Economic and Human Costs of White-Collar Crime
- Explaining White-Collar Crime
- Reducing White-Collar Crime
- Organized
Crime
- History of Organized Crime
- The Alien Conspiracy Model and Myth
- Controlling Organized Crime
- Conclusion
- Summary Key
Terms
- Study
Questions
- What Would
You Do?
- Crime
Online
Crime in the News
Lifestyle celebrity Martha Stewart appeared in tears before
a judge in July 2004 and requested leniency before her sentencing for
lying to federal investigators about insider stock trading. The judge
sentenced her to five months in federal prison and five months of house
arrest at her $40 million, 153-acre estate; Stewart was also fined
$30,000. The sentence was the lightest possible under sentencing
guidelines.
After her sentence was pronounced, Stewart stepped outside
and sounded much less contrite, her voice brimming with anger. She grabbed
a microphone and began what a reporter called a “withering condemnation of
her prosecution.” As she looked over the media crowd, she declared, “That
a small personal matter has been able to be blown out of all proportion
and with such venom and gore, I mean, it's just terrible. I have been
choked and almost suffocated to death.” She added, “I'll be back. I
will be back.”
In the aftermath of her diatribe, marketing professionals
took issue with her tone. Instead of sounding angry, they said, Stewart
needed to continue to sound contrite to avoid losing the public sympathy
her prosecution had gained her. One advertising executive observed, “She
hasn't demonstrated the regret a lot of people wish she had. Everybody
thinks, ‘Let's just get this over with.’” The marketing people also
thought she should serve her time instead of appealing her conviction so
that her company could start recovering that much sooner. As another
advertising executive put it, “You wish she'd just say, ‘I made a mistake,
I'm doing my time and then we can move on.’ “
But Martha Stewart showed no signs of following their
advice. Just a short time after she was sentenced, she appeared on ABC's
20/20 with Barbara Walters. Walters asked Stewart how well she
would cope with prison life. Apparently comparing herself with a famed
South African antiapartheid hero who was imprisoned for almost three
decades, Stewart replied, “I could do it. I'm a really good camper. I can
sleep on the ground…. There are many, many good people who have gone to
prison… look at Nelson Mandela.” She added, “I didn't cheat the little
people. We're all little people. I didn't cheat anybody out of anything.”
Source: Crawford 2004; Naughton 2004.
Martha Stewart's
conviction for lying to investigators was just one of many related to
corporate crime activities in the first years of this decade. Stewart will
be remembered mainly for her celebrity; she was convicted only for
obstructing an investigation into insider trading, not for insider trading
itself. But names such as Enron, Halliburton, ImClone, and WorldCom will
long be remembered for a wave of corporate financial scandals involving
accounting fraud, insider trading, influence buying, and other malfeasance
involving tens of billions of dollars. Martha Stewart was merely their
poster child.
These and previous
financial scandals are serious enough, but corporations have also
endangered public health and welfare. Consider the case of Buffalo Creek,
a mining community in West Virginia. After days of torrential rain in
February 1972, a 20-foot-high flood surged into a peaceful valley of
several thousand homes, destroying everything in its path, killing 125
people, and leaving 2,500 others homeless. The water had built up behind
an artificial dam composed of the mine waste, or slag, which remains after
coal has been mined and washed. When the flood struck in February 1972,
this dam weighed one million tons and had reached enormous proportions:
465 feet wide, 480 feet front to back, and as high as 60 feet. The coal
mining company was adding one thousand tons of slag to it daily. Behind
the dam lay 132 million gallons of “black water” used to wash the coal—the
size of a 20acre, 40-foot-deep lake.
At
7:59 A.M. on February 26, the dam finally burst. The 132 million gallons
of black water gathered up one million tons of solid waste, rocks, and
debris along the way and destroyed the nearest town in seconds. As
sociologist Kai T. Erikson (1976:29) recounted, “It did not crush the
village into mounds of rubble, but carried everything away with it—
houses, cars, trailers, a church whose white spire had pointed to the slag
pile for years— and scraped the grounds as cleanly as if a thousand
bulldozers had been at work.” Years later, the flood's survivors still
suffered from anxiety, depression, and nightmares.
The
sad thing is that this tragedy could have been prevented. Despite the rain
and flood, this was entirely a human disaster, not an act of God. The
danger the dam posed to the people of Buffalo Creek was certainly no
secret; they themselves had worried about its safety. Although the
company's behavior was directly responsible for the 125 deaths and other
devastation, no one from the company was indicted or prosecuted for murder
or manslaughter. Nor were the 125 deaths it caused added to the list of
homicides known to the police in 1972, the year the flood occurred. The
company did pay $13.5 million to the flood survivors to settle a lawsuit,
but this was an amount the company could easily afford to lose because it
was owned by a large corporation.
More
than 30 years later, the Buffalo Creek disaster remains a poignant example
of corporate wrongdoing. Many aspects of the disaster are common to other
corporate misconduct: reckless behavior by corporate officials in the name
of profit; their denial of any wrongdoing; death, injury or illness, and
property loss; and little or no legal punishment (Rosoff, Pontell, and
Tillman 2004). Despite growing awareness of these problems, the public,
elected officials, and the news media remain much more concerned about
street crime. Criminology was late to “discover” white-collar crime, and
most criminological research continues to focus on street crime.
This
chapter discusses white-collar crime and organized crime. Their grouping
within the same chapter reflects the fact that much white-collar crime is
committed by organizations (corporations and small businesses) whose
motivations and strategies are similar in many ways to those
characterizing organized crime. In addition, white-collar crime and
organized crime both have dire economic consequences and endanger the
health and safety of people across the country. We begin our discussion
with examples of white-collar crime and focus on its profound social and
economic cost. We then turn to explanations of white-collar crime and its
treatment by the legal system. The last part of the chapter examines
organized crime and stresses its intrinsic ties to conventional
society.
WHITE-COLLAR
CRIME
For
most of its history, criminology neglected white-collar crime as it
focused almost entirely on crimes by the poor, or street crime. Classical
thinkers Cesare Beccaria and Jeremy Bentham addressed the punishment of
common criminals, and Cesare Lombroso and other scientists examined their
biological traits. The sociologists who developed social disorganization,
anomie, learning, control, and other theories also focused on street crime
and delinquency. In retrospect, this focus was not surprising. As cities
grew rapidly in nineteenth-century Europe and the United States because of
industrialization, public and official concern over the “dangerous
classes” of the poor in these cities also grew. Although much of this
concern arose from ethnic, religious, and class prejudice, it was also
true that the violence, disorderly conduct, and other crime of the urban
poor was often quite visible and quite frightening (Cullen and Benson
1993).
Industrialization
fueled concern over the dangerous classes, but it also led ironically to a
new form of crime that was much less visible and thus mostly ignored. This
was the crime of a new type of business organization, the industrial
corporation, that changed the face and economy of the United States after
the Civil War. In this period, the oil, steel, railroad, and other
industries brought the United States squarely into the Industrial
Revolution. Men such as Andrew Carnegie (steel); J. P. Morgan (banking);
John D. Rockefeller (oil); and Jay Gould, Leland Stanford, and Cornelius
Vanderbilt (railroads) acquired massive fortunes as they developed and
headed the major industrial corporations of the day. They were honored in
their time, and are still honored today, as the pioneers of the Industrial
Revolution and as philanthropists who donated hundreds of millions of
dollars to worthy causes.
Andrew Carnegie was one of the pioneers of the Industrial
Revolution in the United States after the Civil War and a very generous
philanthropist. Most of the leading financial and industrial figures of
this era repeatedly broke the law or at least engaged in questionable
business practices. Their crimes included bribery, kickbacks, and other
complex financial schemes, and their industries established factories and
other work settings with inhumane working conditions.
Yet
most of them repeatedly broke the law or at a minimum engaged in
questionable business practices. Although some call these men “captains of
industry,” others call them “robber barons” (Josephson 1962). Their crimes
included bribery, kickbacks, and other complex financial schemes, and
their industries established factories and other work settings with
inhumane working conditions. By the end of the nineteenth century their
crimes and workplace conditions had raised concern. Congress passed the
Sherman Antitrust Act in 1890 to prohibit restraint of trade that raised
consumer prices. In the early 1900s, muckrakers bitterly criticized
business and political corruption and condemned the cruel treatment of
workers. Two leading muckrakers were Ida M. Tarbell, who wrote a scathing
history of Rockefeller's Standard Oil Company, and Upton Sinclair, whose
1906 novel, The Jungle, addressed the horrible sanitary and work
conditions in the U.S. meatpacking industry and helped lead to federal
food laws. Another was Lincoln Steffens, whose 1904 book on political
corruption, The Shame of the Cities, remains a classic (Sinclair
1906/1990; Steffens 1904; Tarbell 1904).
About the same time,
sociologist Edward A. Ross (1907/1965) also wrote about the corrupt and
dangerous practices of corporate leaders, whom he called “criminaloids.”
Like the muckrakers, he noted that the actions of industrial leaders and
their corporations often caused great financial and physical harm, even if
they did not violate any criminal laws. Ross blamed corporate wrongdoing
on the intense pursuit of profit he saw as the hallmark of
industrialization and capitalism.
Edwin Sutherland and
White-Collar Crime
Given
the work of the muckrakers and sociologist Ross, the stage was now set for
the burgeoning fields of sociology and criminology to study white-collar
crime. Unfortunately, that stage remained empty for another 40 years as
scholars continued to focus on street crime. In the 1940s, however, Edwin
Sutherland wrote some important works about whitecollar crime, a term he
coined, and his views remain influential today. Sutherland (1949) studied
the 70 largest U.S. manufacturing, mining, and retail corporations and
found they had violated antitrust, false advertising, and other laws 980
times, or 14 each on the average. Their crimes, including bribery of
public officials, were not just accidental violations but deliberate,
repeated, extensive, and harmful. Because Sutherland was forced to rely on
the official record, he thought the true extent of corporate lawbreaking
was much higher. He added that any common criminal committing even his low
estimate of an average 14 offenses would be considered a habitual offender
worthy of public and legal condemnation. The widespread corporate
lawbreaking Sutherland found caused him to challenge the assumption of
“conventional theories that crime is due to poverty or to the personal and
social pathologies connected with poverty” (p. 25).
Many
of the corporations Sutherland studied had been charged with engaging in
crimes during World Wars I and II. These crimes included illegal
profiteering, the manufacture of defective military parts and the sale of
rancid food to the army, tax evasion, the sale of munitions and other war
materials to Germany and other nations with which the United States was at
war, and even the revealing of military secrets to these nations. From
these crimes Sutherland concluded that “many corporations have used the
national emergency as an opportunity for extraordinary enrichment of
themselves” (p. 175). This led him to observe that “profits are more
important to large corporations than patriotism, even in the midst of an
international struggle which endangered Western civilization” (p.
174).
Despite Sutherland's
path-breaking work, sociologists and criminologists ignored his call for
increased scholarship on white-collar crime for at least another 20 years.
We begin our own examination of white-collar crime by looking at
Sutherland's definition of the term and later attempts to improve his
definition.
Defining
White-Collar Crime
In
one of criminology's most famous definitions, Sutherland (1949:9) said
white-collar crime is “a crime committed by a person of respectability and
high social status in the course of his occupation.” Sutherland's
definition has two major components. First, the crime must be committed by
someone of “respectability and high social status.” Sutherland's
definition thus excluded crime by blue-collar workers. Second, the crime
must be committed “in the course of” one's occupation. Thus, a wealthy
corporate executive who murders a lover would not, according to
Sutherland, be committing white-collar crime. Like Ross and the
muckrakers, Sutherland stressed that behavior of respectable persons can
be quite harmful even if it does not violate any criminal laws.
Over
the years, Sutherland' definition of white-collar crime has been
criticized and revised. Some early critics argued that behavior that does
not violate criminal law should not be considered a crime, no matter how
harmful it may be (Tappan 1947). Others noted that his definition rules
out lawbreaking behavior by the wealthy, such as tax evasion, that is not
committed in the course of their occupation but does involve many elements
of other forms of white-collar crime (Edelhertz 1970). Still other critics
noted that his definition excluded crimes by blue-collar workers and
businesses that, notwithstanding the color of the “collar,” share many
features of crimes committed by persons of high social status (Shaprio
1990). One other conceptual problem arose from Sutherland's own
application of his definition. Although he defined white-collar crime as
crime committed by people of high social status as part of their
occupations, his 1949 book, White-Collar Crime, focused almost
entirely on crime by corporations, or corporate crime. This inconsistency
led to some confusion over whether white-collar crime is something
individuals do or something corporations and other businesses do (Geis
1992).
Contemporary
Views
Given
white-collar crime's complexity, many substitute terms have been proposed
over the years and many categories of white-collar crime developed. Some
of the substitute terms include elite deviance, respectable
crime, and upperworld crime (Simon 2002). Given the popularity
of Sutherland's coinage, most scholars continue to favor white-collar
crime, although some call for the term to include crime by blue-collar
workers in the course of their occupation and crime by blue-collar
businesses. Others fear that including these sort of crimes would dilute
the message that Sutherland, and, before him, Ross and the muckrakers,
sought to send.
Of
the many typologies of white-collar crime, one of the most influential was
developed by Marshall Clinard and Richard Quinney (1973). They divided
white-collar crime into two types, occupational and corporate.
Occupational crime is committed by individuals in the course of
their occupation for personal gain. Common examples of occupational crime
are employee theft, which is committed against one's employer, and
corruption by physicians and other professional workers, which is
committed against these professionals' clients or the government. As the
name implies, corporate crime is committed by corporations.
Corporate executives obviously plan and commit the crime but do so for
their corporations' financial gain. Although executives may then benefit
along with their corporations, their primary intention is to benefit the
corporation. While liking Clinard and Quinney's typology, some scholars
prefer the name organizational crime over the term corporate
crime (Ermann and Lundman 1978). This term emphasizes that crime can
be done by and on behalf of organizations, many of them corporations, but
some of them small businesses, including blue-collar businesses such as
auto repair shops.
The
revised typology of occupational and organizational crime is popular and
will be used here even though, as health care fraud will illustrate, it is
often difficult to know whether to classify a given crime as occupational
or organizational. With this typology in mind, sociologist James W.
Coleman (1998:7) proposed the following definition of white-collar crime
first advanced by the National White Collar Crime Center: “illegal or
unethical acts that violate fiduciary responsibility of public trust
committed by an individual or organization, usually during the course of
legitimate occupational activity, by persons of high or respectable social
status for personal or organizational gain.” One advantage of this
definition is that it includes harmful but legal corporate behavior. Nancy
K. Frank and Michael J. Lynch (1992) referred to such behavior as
“corporate crime,” defined as “socially injurious and blameworthy acts,
legal or illegal, that cause financial, physical or environmental harm,
committed by corporations and businesses against their workers, the
general public, the environment, other corporations and businesses, the
government, or other countries. The benefactor of such crimes is the
corporation.”
With
these concepts in mind, we now turn to specific examples of white-collar
crime. Using the categories outlined earlier, we start with occupational
crime and then turn to corporate and other organizational crime.
Occupational Crime:
Lawbreaking for Personal Gain
Employee Theft:
Pilferage and Embezzlement
If
you are or ever have been employed, write down everything you have taken
without permission from your workplace without paying for it: pens and
pencils, dishes or glassware, store merchandise, tools, and so forth. Next
to each item, note its approximate value. Now write down how much cash you
might have taken. Finally, if you ever were paid for more hours than you
worked because you misreported your time, write down the amount you were
overpaid. Now add up the value of all the items on your list. No doubt
many of you will report taking at least a few small items adding up to $10
to $20, with a few reporting taking more expensive items amounting to
several hundred dollars or more. Several of you have probably been
overpaid because you misrepresented your time. Even if the average
employee theft per student was only, say, $20, that would still mean that
students at a 10,000-person campus would have stolen $200,000 from their
workplaces.
As
this exercise might indicate, employee theft is quite common. About
three-fourths of all workers are thought to steal from their employers at
least once, with half of these stealing more than once. Estimates of
annual employee theft in the United States range from a “low” of $16
billion to more than $50 billion (Walsh 2000; Wood 2004). Even the lower
figure exceeds the total amount stolen by all the robbery and burglary
combined. The U.S. Chamber of Commerce estimates that employee theft
causes almost one-third of all business failures (Challenger 2004).
PILFERAGE.
Employee theft may be divided into pilferage and
embezzlement. Pilferage involves the theft of merchandise,
tools, stationery, and other items. The most common reason for pilferage
is employee dissatisfaction with pay, working conditions, and treatment by
supervisors and the company itself. Employees who are more dissatisfied
for one or more of these reasons are more likely to steal (Greenberg
1990). Another reason is what might be called the workplace
culture. In many workplaces, employees develop informal norms of what
is acceptable and not acceptable to steal. These norms generally dictate
that expensive, important company property should not be stolen, but that
inexpensive, less important property is up for grabs. The workplace
culture also includes the by-now familiar techniques of neutralization
that help employees rationalize their theft: they do not pay us enough,
they treat us too harshly, the business won't miss the property we
take.
Many
types of items are stolen through pilferage. Pens, pencils, paper clips,
cell phones, food, cleaning supplies, toilet paper—just about anything an
employee can get away with is fair game. Even body parts: in March 2004,
two UCLA employees were placed on leave and criminally investigated for
allegedly selling body parts from dozens of cadavers donated to the
university's medical school over a five-year period (Ornstein 2004). As
this example indicates, some pilferers act in groups of two or more,
although many act alone even if fellow employees know about their
behavior.
EMBEZZLEMENT.
The second type of employee theft is embezzlement, which involves
the theft of cash and the misappropriation or misuse of funds. Most
embezzlers act alone and without the knowledge of any other employees. In
a classic study, Donald R. Cressey observed that embezzlers are employees
with access to company funds who face financial problems they want to keep
secret because of their embarrassment or shame (Cressey 1953/1971). To use
Cressey's term, their financial problems are non-shareable. They
typically rationalize that they are only borrowing the money or that their
company will not miss the funds.
An
individual act of embezzlement ranges from the tens of dollars to the
millions. A recent example of a multimillion-dollar embezzlement involved
the head cashier at the University of California at San Francisco who was
sentenced to seven years in prison in July 2004 for embezzling more than
$4 million over a three-year period (Chiang 2004). In a less costly case,
a bookkeeper for a western Massachusetts printing company was convicted in
2004 of embezzling $271,000 over a six-year period. She executed her crime
by keeping some money she was regularly entrusted to deposit in a bank
(Roberts 2004). Earlier examples of multimillion-dollar embezzling
involved the treasurer of the Episcopal Church who admitted to embezzling
$2.2 million (Franklin 1995) and the controller of a perfume company who
pleaded guilty to embezzling $2.3 million (Women's Wear
Daily 1989).
COLLECTIVE
EMBEZZLEMENT IN THE SAVINGS AND LOAN INDUSTRY. As just noted,
embezzlement is usually a solo activity. Henry N. Pontell and Kitty
Calavita (1993) argued that a new form of collective embezzlement
emerged in the 1980s in the savings and loan, insurance, stock brokerage,
and other financial industries. This form of embezzlement involves the
stealing of company funds by top executives who often work in groups of
two or more. Collective embezzlement and other financial fraud was so
rampant in the 1980s that by late 1992 the U.S. Department of Justice had
indicted 2,942 defendants and convicted some 2,300. More than 1,100 of
these defendants came from the savings and loan scandal that caused more
than 650 savings and loans institutions to fail. This scandal accounted
for three-fourths of the more than 650 savings and loan failures back then
and will cost U.S. taxpayers as much as $500 billion by the year 2030, and
perhaps more than $1 trillion. Many times “outsiders,” including real
estate developers and appraisers and accounting, law, and stock brokerage
firms, joined the savings and loan executives in their illegal activities
(Calavita, Tillman, and Pontell 1997).
Some
savings and loan executives spent hundreds of thousands or even millions
of dollars of company money on expensive parties, worldwide travel, or
artwork and other high-value household goods. Others took salaries, fees,
and commissions that exceeded federal limits on such compensation. The
most common form of collective embezzlement was the use of schemes to
siphon funds from the executives' loan institutions. In a common scheme,
executives would practice “land flips” by selling each other land back and
forth, with each transaction involving a higher price, which artificially
inflated the land's value. In one example, a loan broker bought a piece of
land in California for $874,000 and subjected it to several land flips. He
then bought a savings and loan in Salt Lake City and had his thrift buy
his land for $26.5 million. His savings and loan went under the next year
and left more than $400 million in federally insured deposits for the
government to repay.
Professional Fraud:
Focus on Health Care
Physicians, lawyers,
and other professionals are in a tempting position to defraud their
patients, clients, and the government (Rosoff, Pontell, and Tillman 2004).
Their work is private and complex, and it is difficult for investigators
to know when fraud occurs. They are also more autonomous than most other
workers and able to work without someone looking over their shoulder.
Their patients and clients thus cannot know whether their bills are
truthful and accurate. As one example, lawyers sometimes bill their
clients for more time than they actually put in or even charge them for
work never done. The clients, of course, have no way of knowing this.
It
is true that most professions practice self-regulation by establishing
rules for their members' behavior and by investigating and sanctioning
professional misconduct. Unfortunately, this is often like the proverbial
fox guarding the chicken coop. Regulations often allow professionals great
latitude in their behavior. Enforcement of regulations is often lax, and
punishment of violations is often weak. Professionals also tend to look
out for one another. As one expert on medical fraud observed, “There's a
great reluctance on the part of doctors to interfere with another doctor's
reputation and means of livelihood. The philosophy apparently is that a
man's reputation's more important than the welfare of his patients”
(Coleman 1998:124). In another problem, professionals rationalize
wrongdoing just as other kinds of criminals do. This allows them to view
their crimes as justifiable and even necessary, however illegal they may
be. The particular rationalizations depend on the profession and the type
of crime involved, but all of them help ease any guilt professionals might
feel from breaking the law.
Health care fraud,
which is estimated to cost about $100 billion annually, has received
perhaps the most attention of any professional fraud (Babcock and
McGee 2004; Cohen 1994; Jesilow, Pontell, and Geis 1993). This fraud is
committed by physicians, both general practitioners and specialists,
including psychiatrists; other medical practitioners such as dentists;
pharmacists; medical equipment companies; nursing homes; medical testing
laboratories; home health care providers; medical billing services; and
ambulance services. Several types of health care fraud exist but they
often involve overbilling Medicare, Medicaid, and other insurance. These
types include (1) exaggerating charges, (2) billing for services not
rendered for a real patient, (3) billing for services for fictitious or
dead patients, (4) “ping-ponging” (sending patients to other doctors for
unnecessary visits), (5) family “ganging” (examining all members of a
family when only one is sick), (6) “churning” (asking patients to come in
for unnecessary office visits), (7) “unbundling” (billing a medical
procedure or piece of equipment as many separate procedures or equipment
parts), (8) providing inferior products to patients, (9) paying kickbacks
and bribes for referrals of patients, (10) falsifying medical records to
make an individual eligible for benefits, (11) billing for inferior
products or for items never provided, (12) falsifying prescriptions, and
(13) inflating charges for ambulance services.
Physicians and other health care professionals commit an
estimated $100 billion of health care fraud annually.
In
recent examples of health care fraud, in July 2004 the chief executive
officer of two physical rehabilitation clinics in Louisiana was sentenced
to 40 months in prison and ordered to pay $1 million in restitution for
billing Medicare $1 million for services her clinics never performed
(Lafayette Daily Advertiser 2004). That same month, a Nashville,
Tennessee, physician was sentenced to 30 months in prison for billing
Medicare and the state $2.3 million for false claims. The claims included
ones that were for home visits that were actually office visits and even
ones that were supposedly performed on patients who had already died (B.
Johnson 2004). In earlier examples, a group of New York physicians billed
the state more than $1.3 million for some 50,000 psychotherapy sessions
that were never held, and the owner of a heart pacemaker distribution
company sold $6 million worth of used, expired, or contaminated pacemakers
to doctors' offices and bribed physicians to implant the devices into
their patients. These bribes included entertainment tickets, vacation
trips, office medical equipment, cash, and the services of prostitutes. In
a final example, Michigan pharmacists dispensed expired medication to
nursing home patients. When one pharmacist heard of complaints that their
medications were not working, the pharmacist said, “Those people are old,
they'll never know the difference and they'll be dead soon anyway” (Cohen
1994:27).
UNNECESSARY
SURGERY. Another common medical practice is unnecessary surgery. What
is considered “unnecessary,” of course, is often a matter of
interpretation. Physicians and patients alike naturally want to err on the
side of caution and often decide on surgery as the safest course of action
to treat a disease or injury, even though the surgery itself may pose some
risks. Such prudence notwithstanding, studies have determined that a
surprising amount of surgery exceeds any reasonable exercise of caution
and is thus clearly unnecessary (Consumer Reports 1992). The major
reason unnecessary surgery occurs is that physicians profit from it. As
evidence, more operations are performed on patients with private insurance
(thus giving physicians a high fee for each operation) than on those
belonging to prepaid health plans in which doctors receive a set salary
regardless of the operations they perform (Coleman 1998).
Estimates of the
number of unnecessary surgeries range from 2 million to 4 million annually
at a cost of $16 billion to $20 billion. An estimated 350,000 unnecessary
Caesarean sections are performed on pregnant women each year, amounting to
about half of all Caesareans (New York Times 1993b). Studies also
find that about 27 percent of hysterectomies, 16 percent of
tonsillectomies, 14 percent of heart bypass operations, and 14 percent of
a common type of back surgery are unnecessary. Unnecessary surgeries of
all types cause an estimated 12,000 deaths from medical complications each
year (Consumer Reports 1992; Reiman 2004; Starfield
2000).
Financial Fraud
Earlier we examined
collective embezzlement in the savings and loan industry. This was just
one example of a growing number of crimes in the many financial industries
becoming a dominant part of the U.S. economic landscape. Some of these
crimes, like the savings and loan embezzlement, are committed for personal
gain and thus should be considered occupational crimes. Others are
committed for the benefit of corporations and financial firms and thus are
organizational crimes. We look here just at the financial crimes committed
for personal gain and hold our discussion of financial fraud by
organizations for the next section.
One
common financial crime is insider trading. Here a company
executive, stockbroker, or investment banker with special knowledge of a
company's economic fortunes (such as a proposed merger) buys or sells
stock in that company before this information is shared with the public.
Martha Stewart's conviction for lying to investigators arose from an
insider trading scandal involving her friend Samuel Waksal, founder of
biotechnology company ImClone Systems, Inc. Waksal was sentenced to seven
years in prison and fined $4 million in June 2003 for several charges,
including insider trading. Waksal admitted that, just before news was
about to break that the Food and Drug Administration would not approve an
ImClone experimental drug, he tipped off his daughter to sell $10 million
of their family's stock in the company (White 2003).
Martha Stewart's conviction in 2004 for lying to federal
investigators arose from an insider trading scandal involving a friend who
had founded ImClone Systems, Inc., a biotechnology company.
An
even more notorious insider trading scandal of the 1980s involved three
men: Dennis Levine, Ivan F. Boesky, and Michael Milken (Stewart 1991).
Levine was an executive with a Wall Street financial firm. Although he was
already quite wealthy, he sold inside merger information to Boesky, a
multimillionaire stock trader. Levine's alleged take from this criminal
behavior was $12.6 million. He eventually pleaded guilty to insider
trading, received a two-year prison term, and was fined $11.6 million. As
part of his plea bargain, he agreed to provide information about Boesky
and some 60 other people. Boesky eventually received a three-year prison
term for insider trading and was fined
$100
million, only part of his total wealth. Boesky in turn implicated Michael
Milken, who eventually pleaded guilty to mail fraud, tax evasion, and
security law violations. Milken received a ten-year prison term (later
reduced to three years) and was fined $600 million (Lambert 1992). To
settle lawsuits against him, he also agreed to pay $500 million into a
compensation fund (Cowan 1992). Although his monetary losses from his
crimes thus amounted to $1.1 billion, his remaining wealth still totaled
some $600 million.
Police and Political
Corruption: Violations of Public Trust
Another form of
occupational crime is corruption by police and politicians, who violate
the public trust by accepting bribes and kickbacks and by occasionally
engaging in extortion and blackmail. Such public corruption in the United
States goes back at least to the nineteenth century, and, as noted
earlier, was the subject of Lincoln Steffens's renowned The Shame of
the Cities. In the twentieth century it reached into the upper
echelons of mayors' and governors' offices, police administration, the
Congress, and the White House. We will explore political corruption
further in the next chapter and police corruption in Chapter
15.
Organizational
Criminality and Corporate Crime
As
discussed earlier, much white-collar crime is committed for the sake of
corporations and other business enterprises. The primary intent of the
persons committing the crime is to benefit the organization for which they
work. They know, of course, that if they help their business, the business
will “help” them. But their primary goal of helping the business
classifies their crime as organizational, not occupational, although this
classification becomes somewhat tricky when the owner of a business is
involved. That said, we now look at some common forms of organizational
crime. Because of its seriousness, we will focus mostly on corporate
crime.
This
focus should not obscure the fact that many “blue-collar” or small
businesses cheat their customers and otherwise commit fraud. Auto repair
shops are notorious in this regard. Auto repair fraud (overcharging and
unnecessary or faulty repairs) costs more than an estimated $20 billion
annually and accounts for 30 to 40 percent of all auto repair expenses
(Best Wire 2003; Fleck 2002). Most auto repair goes undetected because car
owners do not realize they are being defrauded. In a recent example
involving a small shop, a mechanic in central Massachusetts was sentenced
to eight months in jail in July 2004 for charging two customers almost
$5,000 for work he never did (Bruun 2004). In 1992 a much larger scandal
involved Sears department stores in California. Sears was accused by
California officials of overcharging its customers by telling them
unnecessary repairs were needed on their cars. Because Sears auto repair
personnel were paid a commission for the repairs they did, they
recommended repairs that were clearly not needed. Sears agreed to pay
almost $50 million to compensate some 900,000 customers $50 each and to
pay California legal expenses (Fisher 1992).
Sometimes
investigators use field experiments to uncover auto repair fraud. In one
investigation, cars with supposedly dead batteries were brought to 313
auto repair shops. The batteries were actually still working. Over
one-tenth of the shops said the batteries could not be recharged and that
a new battery would be needed (Jesilow, Geis, and O'Brien 1985). A smaller
experiment conducted by a Chicago TV station involved cars in fine
condition taken to 13 repair shops, six of which said the cars needed
repairs up to $600 (Molla 1994).
Auto
repair fraud is conducted by legitimate businesses that defraud the public
as part of their business practice. Other organizational criminality
involves illegitimate businesses that are fraudulent from the outset and
have the sole purpose of defrauding the public. Examples include phony
home improvement businesses, contests, and charities; land frauds; and
various financial, medical, and other enterprises. Some of the health care
and savings and loan fraud discussed earlier was committed by illegitimate
enterprises formed to specifically defraud the public and/or the
government.
We
now come to crime by corporations, which, because of their size, scope,
and influence, are perhaps the worst offenders of all (Reiman 2004).
Recall that Edwin Sutherland documented repeated lawbreaking by the
largest U.S. corporations. That pattern has continued decades after
Sutherland's revelation. During the mid-1970s, the federal government
accused almost two-thirds of the 500 corporations with violating the law,
and almost one-fourth of these were convicted of (or did not contest) at
least one criminal or civil offense (Clinard and Yeager 1980; U.S.
News & World Report 1982). Some 2,300 corporations overall
were convicted in the 1970s of federal offenses.
During the 1990s,
more than 100 top corporations were criminally fined after pleading guilty
or no contest to criminal charges. Their ranks included pharmaceutical
company Hoffman-La Roche, fined $500 million for vitamin price-fixing
worldwide; Exxon, fined $125 million for environmental law violations that
led to the massive 1989 Exxon Valdez oil spill on the Alaskan coast;
Archer Daniels Midland, fined $100 million for fixing prices of feed and
flavor additives; and pharmaceutical company Genetech, fined $30 million
for marketing a drug to doctors even though the drug had not been approved
by the Food and Drug Administration (Mokhiber and Weissman 1999). Major
financial scandals broke in 2001 and 2002 involving Enron and many other
corporations (discussed later). In the following two years, major
pharmaceutical companies paid hundreds of millions of dollars to settle
accusations that they overcharged Medicaid by illegally failing to offer
it their lowest prices. Bayer paid $257 million, Glaxo Smith-Kline paid
$86.7 million, and Schering-Plough paid $345.5 million. Schering-Plough,
which settled its case in July 2004, had offered lower prices for its
allergy drug Claritin to two health insurance companies and paid one of
them more than $10 million in kickbacks to have its patients use the drug
(Abelson 2004). In May 2004 another pharmaceutical company, Pfizer,
pleaded guilty and agreed to pay $430 million after charges that it
marketed an epilepsy drug for uses that the FDA had not approved (Farrell
2004). These examples indicate that not much has changed since
Sutherland's pioneering work on corporate crime was published in 1949.
Corporate crime
takes two general forms: financial and violent. The major
distinction between the two is whether people are injured or killed by
corporate misconduct. We will first examine financial crime by
corporations and then discuss the violence they commit.
Corporate Financial
Crime
The
economic cost of corporate crime is enormous but can only be speculated on
because so much corporate crime remains hidden from public attention. A
1982 investigation estimated that financial crime by corporations,
including price-fixing, false advertising, bribery, and tax evasion, costs
the public $200 billion per year (U.S. News & World
Report 1982). In 2004 dollars, that amount would be $389 billion. This
figure excludes the annual “share” of the hundreds of billions of dollars
lost in the savings and loan scandal of the late 1980s, noted earlier, and
the cost of the huge financial scandals involving Enron and other
companies that captured headlines just a few years ago. We turn to these
now as we consider the most common types of corporate financial crime.
CORPORATE FRAUD,
CHEATING, AND CORRUPTION. A first type of corporate financial crime
involves fraud, cheating, bribery, and other corruption not falling into
the antitrust or false advertising categories that we examine later. Much
of this fraud and corruption parallels what individuals do for personal
gain as occupational crime. The difference here is that the fraud and
corruption are performed primarily for the corporation's benefit, not for
the benefit of the corporate executives engaging in these crimes.
There have been many
examples of corporate fraud over the decades, but those that came to light
in the beginning of the current decade stand out for their enormity and
audacity. Many of them involved accounting fraud, as numerous companies
exaggerated their assets during the economic boom and stock market bubble
of the late 1990s to artificially inflate the value of their stock. In
doing so, they violated securities laws by defrauding their investors.
When their scandals came to light and their stock value plummeted, many of
their workers lost their jobs, and countless investors lost billions of
dollars, including funds in their pension plans. A business writer
attested to the enormity of the problem:
Phony earnings, inflated revenues, conflicted Wall Street analysts,
directors asleep at the switch—this isn't just a few bad apples we're
talking about here. This, my friends, is a systemic breakdown. Nearly
every known check on corporate behavior—moral, regulatory, you name
it—fell by the wayside, replaced by a stupendous greed that marked the
end of the bubble. And that has created a crisis of investor confidence
the likes of which hasn't been seen since—well, since the Great
Depression. (Nocera 2002:62)
The
most notorious accounting scandal involved Enron, an energy company that
began with a focus on natural gas pipelines but soon grew into a global
energy trader, with its rapid growth and soaring stock value making it a
darling of Wall Street. In December 2000 its stock sold for $84 a share
and the company employed some 20,000 people worldwide. Less than a year
later it was worth less than a dollar a share after the company revealed
that it had overstated earnings and hidden losses, with the total sum
surpassing $1 billion. A month later it filed for bankruptcy and laid off
more than 4,000 workers. The plummeting of its stock cost investors tens
of billions of dollars. Later investigation indicated that Enron had
exaggerated its assets through complex financial schemes to inflate its
profits and hide its losses, and that it had shredded important documents
after the federal government announced an investigation (Behr and Whitt
2002). In May 2002 internal Enron documents that came to light showed that
Enron had also helped manipulate California's energy market to drive up
energy prices during an energy crisis in 2000 and 2001. Transcripts of
phone conversations among Enron personnel showed them bragging about
stealing millions of dollars during this time. Federal regulators later
ordered Enron to repay $32.5 million in energy-trading profits it made
during the energy crisis (Behr 2004).
International focus
Financial Corruption in Russia
In July 2004 an American journalist who lived in Russia and
wrote extensively about business and political corruption was
assassinated. As Paul Klebnikov, 41 and a husband and father of three
young children, left work to walk to a subway station, a man got out of a
car, approached him, and shot him four times. Klebnikov was the editor of
the Russian edition of Forbes business magazine. Well-suited for
his job, Klebnikov had written for Forbes in the United States for
more than a decade and was also fluent in Russian as the descendant of
Russians who fled to the United States after the Communist Revolution. He
had been in Russia for only about a year but had already made many enemies
through his magazine's reporting on Russian business corruption.
In May 2004 the magazine dared to publish a list, quite
common in the United States, of Russia's 100 richest businesspeople. This
list was controversial for two reasons. First, Russia is a land with
extreme inequality, with a relatively small number of very wealthy people
and very many poor people. Second, many of the people on the list were
thought to have acquired their wealth through corruption in the years
immediately following the dissolution of the Soviet Union some 15 years
earlier.
Klebnikov's murder occurred against the backdrop of a
corruption prosecution of Russia's richest individual, Mikhail
Khodorkovksy, 41, a billionaire and head of the Yukos Oil company. He was
arrested in the fall of 2003 on charges that his company had evaded
several billions of dollars of taxes. With Khodorkovsky in jail and his
company tottering on the edge of bankruptcy, the Yukos scandal undermined
investors' faith in Russian businesses, even though the Russian economy
was growing nicely. Worried about their money, Russian citizens withdrew
large sums from the nation's banks. The president of Russia, Vladimir
Putin, stressed the need to forge good relations with U.S. businesses.
One question surrounding Russia's crisis was whether
Khodorkovsky and Yukos Oil were, in fact, guilty of tax evasion, or
whether the charges against them were motivated by Putin's fear that
Khodorkovsky would become a powerful political rival.
If he had not been murdered, Paul Klebnikov certainly
would have been on top of this story. If the motive for his assassination
was what was widely suspected, one or more individuals whose financial
corruption he had exposed no longer wished him alive. Like journalists
before and no doubt after him, he gave his life because he wanted his
readers to know the truth.
Sources: Chivers and Kishkovsky 2004; Nichols
2004.
By
July 2004, 31 people involved in the Enron scandal had been indicted, the
last being its CEO, Kenneth Lay, who was arrested that month, about three
years after the scandal broke, and charged with 11 counts of conspiracy
and fraud. Worth $400 million before the scandal, Lay was now worth $20
million. He said at a press conference after his arrest that he did not
know everything that was going on at Enron, and he denied that he had
engaged in any criminal conduct (Iwata 2004). For its involvement in the
Enron scandal, Arthur Anderson, a major auditing firm, was indicted for
criminal violations. Its lead auditor for Enron eventually pleaded guilty
and provided evidence against Enron. Anderson paid a $500,000 fine and
ceased operations in the United States.
Four
others of the many corporations implicated in financial scandals at about
the same time were WorldCom, Halliburton, Rite Aid, and Adelphia.
WorldCom, a telecommunications company, overstated its earnings by about
$11 billion, in part by counting operating expenses as capital
expenditures. It was eventually fined $500 million. Its stock, which was
worth as much as $64 as the decade began, plummeted to less than a dollar
by 2002. Several WorldCom officials pleaded guilty and others went to
trial (Dillon 2003). Halliburton, a worldwide provider of energy-related
construction and other services, was investigated for allegedly paying
$180 million in bribes between 1995 and 2002 to land a contract in Nigeria
(Gold 2004). Halliburton was also charged with accounting improprieties
and agreed in August 2004 to pay $7.5 million to settle the charges.
Although it did not admit to any violations, it also agreed that it would
not violate securities laws in the future. Two Halliburton executives were
also charged with accounting wrongdoing, but Vice President Dick Cheney,
who headed the company at that time, was not charged (C. Johnson
2004b).
Rite
Aid, the national drugstore chain, saw its top executives convicted of
criminal charges for various charges relating to the hiding of operating
losses during the late 1990s; their activities included bribing some
employees and intimidating others to remain quiet. Rite Aid's CEO was
sentenced to eight years in prison and its chief financial officer to more
than two years (C. Johnson 2004a). At Adelphia, the nation's fifth largest
cable company, its founder and his son were convicted in July 2004 of
various charges for fabricating data about the company's debt and
financial prospects and for using its assets as collateral for more than
$2 billion in personal loans (Lieberman and McCarthy 2004).
Although these
examples involved corporations from various industries—energy,
telecommunications, and retail—the defense industry has historically been
rife with corporate fraud, as Sutherland found six decades ago. More than
half of the Pentagon's biggest 100 defense contractors have allegedly
broken the law through such means as overbilling, bribery, kickbacks, and
the deliberate provision of defective weapon components and other military
equipment (Simon 2002). You might have heard jokes about $200 hammers and
$1,000 toilet seats bought by the military, but these astronomically high
prices are part of the fraud and waste that ultimately costs taxpayers
billions of dollars.
One
of the most publicized scandals in the military–industrial complex
occurred in the late 1980s, when an investigation called “Operation Ill
Wind” found that the undersecretary of the U.S. Navy and many other navy
and air force officials had sold classified information to 15 defense
contractors in return for bribes. Several of these officials and the
corporate executives with whom they dealt pleaded guilty to fraud and
other crimes, and the companies paid up to $5.8 million each in fines
(Howe 1989). Many other scandals have occurred in the last few decades,
with some defense corporations seriously chronic offenders. Bribery of
officials in other nations is a favorite crime. In the 1970s Lockheed
allegedly paid some $200 million in commissions and bribes to officials
and lobbyists in countries as diverse as Indonesia, Iran, the Philippines,
Italy, Venezuela, Japan, and the Netherlands (Clinard and Yeager
1980).
Some
defense corruption goes beyond the mere financial to endanger lives.
Although we will explore such corporate violence much more in the next
section, one example is worth noting here. In the late 1960s, B. F.
Goodrich won a contract to build brakes for the Air Force. To ensure that
they had the lowest bid, Goodrich proposed a smaller and lighter brake
than normal. However, Goodrich's own testing later revealed that this
brake could lead to crashes. Instead of improving the brake or telling the
Air Force, Goodrich engineers falsified test data. After the brakes were
installed in some planes, several near crashes occurred. When all this
came to light, Goodrich agreed to design a better brake system. Neither it
nor its several middle-level managers and executives involved in the
scandal were charged with any wrongdoing. Two of the officials who were
most involved even got promoted (Vandivier 1987).
PRICE-FIXING,
PRICE GOUGING, AND RESTRAINT OF TRADE. A second type of corporate
financial crime involves antitrust violations. As you know, sellers of
goods and services in a free-market economic system such as our own
compete for profit. To maximize profit, they sometimes lower their prices
to maximize consumer demand. This competition ensures that consumer prices
will be as low as possible so that consumers save money.
This
is the way capitalism should ideally work. But in the real world, what
should happen often does not happen. If corporations get together and set
high prices for goods and services rather than allowing the free market to
work, consumers pay more than they should. Such price-fixing thus
constitutes a costly form of theft from the public. In the ideal world of
capitalism, there should also be many sellers of goods and services to
produce as much competition for consumer demand as possible, and thus
prices that are as low as possible. If one company buys out all the
others, it does not have to worry about competition and can raise its
prices without fear of losing sales to another company. This action, too,
constitutes a theft from the public, even though we are not really aware
of it and do not worry about it.
As
noted earlier, Congress passed the 1890 Sherman Antitrust Act because the
major corporations back then were engaging in so much restraint of
trade. Standard Oil and the other corporations bought up competitors
or used questionable practices to prevent others from springing up or to
drive them out of business. Other legislation since then has also sought
to prevent and punish corporate restraint of trade. One additional type of
restraint of trade now prohibited by antitrust laws involves
anticompetitive agreements, in which a manufacturer sells its
products only to retailers who agree not to sell rival manufacturers'
products.
Despite antitrust
laws, corporations continue to practice much illegal restraint of trade.
Price-fixing costs U.S. consumers some $60 billion every year, or
about $1,000 for a family of four, and involves virtually every industry
(Simon 2002). In September 2002 the nation's five largest music companies
and three of its largest music retailers paid a fine of $67 million and
agreed to provide almost $76 million of CDs to consumers and nonprofit
groups to settle a price-fixing lawsuit. The alleged price-fixing occurred
from 1995 to 2000 and arose from an agreement by the music companies to
help pay for the retailers' advertising and by the retailers to sell CDs
at or above an agreed-upon price (Lieberman 2002). Earlier we mentioned
the Hoffman-La Roche pharmaceutical company that was fined $500 million
for global vitamin price-fixing. Executives from this company and several
others had allegedly met regularly to fix prices over a nine-year period.
In 1999 they agreed to pay $1.17 billion to settle a lawsuit over the
price-fixing. Despite the large payment, it amounted to only 20 percent of
the companies' sales from their illegal activity (Moore 1999). In other
cases from the 1990s, three oil companies—Chevron, Mobil, and Shell—agreed
to pay $77 million to settle federal price-fixing charges (Oil
Daily 1993); four airlines—American, Delta, United, and US Air—agreed
to send their customers millions of dollars in coupons to settle federal
price-fixing charges (Schwartz 1993); and the Nintendo video game company
agreed to distribute millions of dollars of coupons to settle a suit
charging it with dictating the retail prices of its video games
(Television Digest 1991). Although some of the fines and legal
settlements for price-fixing in these and other cases range in the
millions of dollars, the corporations involved are usually so wealthy that
these financial penalties scarcely worry them. Perhaps the most celebrated
price-fixing scandal was uncovered in 1959–1960 and involved General
Electric, Westinghouse, and 27 other heavy electrical equipment
manufacturers that controlled 95 percent of the electrical industry (Geis
1987). Executives from these companies conspired over several years to fix
prices on $7 billion of electrical equipment, costing the public about
$1.7 billion in illegal profit. After pleading guilty in 1961, seven of
the electrical executives received 30-day jail terms for their conspiracy,
and 21 others got suspended sentences. These were obviously light
sentences compared to what a typical property criminal might get for
stealing only a few dollars. In somewhat stiffer punishment, the
corporations were fined a total of $1.8 million. This might sound like a
lot of money, but it amounted to only $1 of every $1,000 the corporations
stole from the public and still left them holding almost $1.7 billion in
illegal profit. Of the total fines, GE's share came to $437,000. This
might be a lot of money for you to pay, but for GE it was the equivalent
of someone with an annual income of $175,000 paying a $3 fine. To bring
this down to more meaningful figures, if you had an income of $17,000 and
knew that your punishment for robbing a bank would be only 30 cents, would
you rob the bank?
Before leaving this
scandal, we should note that the electrical companies later had to pay to
settle lawsuits by municipalities and other purchasers of their equipment
during the years of the conspiracy. GE, for example, had to pay some $160
million to settle 1,800 claims. Yet even these legal costs still left the
companies with the bulk of the $1.7 billion they had acquired illegally.
And, their fines were tax-deductible (Simon 2002).
A
practice related to price-fixing is price gouging, in which companies take
advantage of market conditions to raise prices and gouge the consumer.
Sometimes these companies artificially create these market conditions
themselves. A prime example here was the 1973–1974 oil “crisis” begun when
oil nations announced they would suspend oil exports to the United States.
Claiming a shortage, oil companies raised prices and their profits
dramatically, even though it was later discovered that oil deliveries had
not been suspended. In fact, U.S. oil companies had so much oil that they
sent some to European nations (Cook 1982). A similar “crisis” occurred in
1979 when Iran announced it would suspend oil deliveries to the United
States. Even though Iran accounted for only 5 percent of U.S. oil imports
and the United States, as was discovered only later, still had plenty of
oil, oil prices again rose sharply, with oil company profits rising some
200 percent. In several states gasoline was rationed, with huge lines of
cars waiting at gas stations (Wildavsky 1981).
FALSE
ADVERTISING. Another common corporate financial crime is false
advertising. We all know that advertisers do their best to convince us to
buy products we may not really need and engage legally in exaggerated
claims, or puffery. A particular product, for example, may claim
it's the best of its kind or, as in the case of cigarettes and beer, imply
that using it will make you popular. But much advertising goes beyond
puffery and makes patently false and illegal claims. Such deceptive
advertising is quite common, with the cosmetic, food, pharmaceutical, and
many other industries accused of it (Preston 1994). There have also been
many examples of “bait-and-switch” advertising, in which a store
advertises a low-priced item that is not actually available, or available
only in small quantities. The item is gone when customers come in to buy
it, and the sales clerk switches them to a more expensive product in the
same line.
Corporate Violence:
Threats to Health and Safety
If
you heard that corporations kill many more people each year than all the
murders combined, would you believe it? Even if corporations are corrupt,
you may be thinking, they do not murder. Yet their actions do, in fact,
kill more people each year than all the murders combined. It is difficult
for any of us to believe that corporations maim and kill. We equate
violence with interpersonal violence, which dominates public discussion,
fills us with fear, and even controls our lives. Corporate
violence, in contrast, is less visible and has been called “quiet
violence” (Frank and Lynch 1992). The term corporate violence
refers to actions by corporations that cause injury, illness, and even
death. These lives are lost in the name of profit, as corporations pursue
profits with reckless disregard for the health, safety, and lives of their
workers, consumers, and the general public (Mokhiber 1988). Let's look at
each of these three groups of victims in turn and discuss some of the more
grievous examples of corporate violence that victimize each group.
In bait-and-switch advertising, a store advertises an
attractive item that is not actually available, or is available only in
small quantities. The item is gone when customers come to buy it, and the
sales clerk switches them to a more expensive product in the same
line.
WORKERS AND
UNSAFE WORKPLACES. Each year many workers die or become injured or ill
because of hazardous occupational conditions; others suffer long-lasting
psychological effects (Rosoff, Pontell, and Tillman 2004). Some hazardous
workplace conditions violate federal and state laws, whereas others are
technically not illegal but still pose dangers to workers. Most hazardous
conditions involve worker exposure to toxic substances such as vinyl
chloride, cotton and coal dust, asbestos, and many other chemicals and
materials that cause several types of cancer and respiratory illness such
as asthma, bronchitis, and emphysema. One study, for example, found that
workers exposed to vinyl chloride had abnormally high levels of liver,
lung, and brain cancer (Wu et al. 1989). Another found one-fourth of all
bladder cancer to be work related (Raloff 1989). Working with dangerous
equipment and in dangerous circumstances causes injury and death.
The
sad thing is that it does not have to be this way. Although some jobs and
workplaces are inevitably hazardous, the prime reason for the nation's
high rate of occupational injury, illness, and death is that corporations
disregard their workers' health and safety in the name of profit. To
compound the problem, the government has lax rules on workplace health and
safety and does relatively little to enforce the ones that do exist. Lest
any of this sound too critical, consider the experience of Japan, which
has far fewer occupational health and safety problems because of its safer
workplaces. Japanese management places greater emphasis on worker safety
than does its U.S. counterpart and, in fact, considers worker safety a
greater priority than production quantity. For U.S. management, the
priorities are reversed (Engelman 1993).
Estimates of
the Problem. Exact data on workplace illness, injury, and death
are difficult to determine for several reasons (Reiman 2004). First, it is
often difficult to establish that illness and death are work related.
Second, the Bureau of Labor Statistics, a major source of workplace data,
gathers data only from workplaces with at least 11 employees. Its annual
count of the number of workplace injuries is thought to miss from 33
percent to 69 percent of the actual number of injuries (Leigh, Marcin, and
Miller 2004). Third, corporations and smaller businesses often hide
injuries and illnesses their workers suffer.
Not
surprisingly, then, estimates of workplace illness, injury, and death vary
widely (Reiman 2004; Simon 2002). Government data indicate that about
5,500 workers die each year from workplace injuries, that 4.4 million
experience nonfatal injury, and that 300,000 incur workplace-induced
illness. About half of these illnesses are considered serious, and almost
all the illness would be preventable if companies obeyed the law and if
the law were more stringent. These health problems can take several years
to prove fatal, and it is estimated that between 50,000 and 60,000 people
die each year from them (AFL-CIO 2004).
Of
the 5,500 workers who die each year, the number of preventable deaths
because of workplace safety violations is difficult to estimate. Some
workplaces and industries, such as construction, are inevitably dangerous,
and accidents will happen no matter how careful workers and their
employers are. But other injuries and eventual deaths occur because of
illegal, unsafe working conditions, with the employers either barely
punished or not punished at all (Barstow 2003). The number of such deaths
is at least 100 per year, but some estimates say that about half of all
deaths (and also of all injuries) result from unsafe conditions.
Adding up all of
these admittedly rough figures yields the following estimates of the
annual human toll from workplace safety violations: (1) between 50,100 and
62,750 deaths from illness or injury, (2) 150,000 serious illnesses, and
(3) as many as 2 million or more injuries. Because of underreporting and
other measurement problems, the true toll of work-related death, illness,
and injury may well be much higher.
Examples of
the Problem. Sometimes the harm done to workers is immediate and
visible. In 2001 a crew was working near a tank filled with sulfuric acid
at a refinery in Delaware; the refinery had a history of safety
violations. The crew was told to work there even though employees had
warned that the tank was corroded. An explosion that occurred when a
wielding torch ignited vapors leaking from the tank hurled one of the
workers into the acid. The only remains that were found were some steel
parts of his boots (Barstow 2003).
Some
industries are particularly dangerous for workers. In the agricultural
industry, hundreds of farm workers are exposed to dangerous pesticides
each year (see the “Crime and Controversy” box). In the mining industry,
accidents killed 30 people in 2003 and injured many more (Drew and Oppel
2004). Mining companies' failure to observe safety codes has accounted for
most of these accidents over the years. In one example, a 1981 explosion
in a Colorado mine killed 15 miners. The mine had been cited more than
1,000 times in the preceding three years for safety violations. In another
example, a 1984 underground fire in Utah killed 27 miners. The mine had
previously been cited for 34 safety violations, 9 of which led to the fire
(Simon 2002). Weak safety codes also kill miners. In 2003 two workers died
because the driver of a coal-carrying truck, so large that its wheels are
11 feet tall, had a blind spot and did not see them. The mine union had
urged that such trucks be equipped with video and radar systems to
eliminate blind spots, but the industry opposed the systems and the new
head of the federal Mine Safety and Health Administration agreed with the
industry (Drew and Oppel 2004).
Fatal accidents also
occur in other industries. A particularly tragic example was a September
1991 fire that killed 25 workers and injured 56 more at a poultry plant in
Hamlet, North Carolina (Aulette and Michalowski 1993). At the time of the
fire, the plant's doors were locked and it had no fire alarms or
sprinklers. Because smoke inhalation killed all but one of the 25 people
who died, they likely would have survived had the doors not been locked.
Compounding the problem, federal and state authorities had not inspected
the plant in 11 years. It is no exaggeration to say that the plant's
owners and managers were at least partly responsible for the 25 deaths
even if they did not set the fire.
Crime and Controversy
Harvest of Shame: Pesticide Poisoning of Farm
Workers
Each year in California, hundreds of farm workers, almost
all of them Mexican American, become ill every year from inhaling
pesticides used in the fields in which they work. The pesticide problem is
one of the most important issues for the United Farm Workers, a labor
union that has worked for several decades to improve farm worker pay and
working conditions.
In 2002 about 86 tons of pesticides were used in
California's fruit and vegetable fields to control the many types of
insects that could decimate crops. Often the pesticides are sprayed by
helicopter. Sometimes the wind will blow the pesticide spray hundreds of
yards until it reaches an area where farm workers are picking crops. The
California Department of Pesticide Regulations says that such pesticide
drift is, statistically speaking, not that great a problem. Its
director pointed out that one million pesticide applications occur each
year. Out of this number, he said there are about 40 drift incidents,
which he called a “relatively small number.”
According to official reports, this relatively small
number sickened 1,316 farm workers in 2002. One of them was named Viviana
Torres, who was five months' pregnant and working near some peach trees
when a pesticide cloud blown from a potato field 450 yards away quickly
enveloped her and caused a burning sensation in her nose. “I was afraid,
thinking about the baby,” she later said. Workers around her began
fainting, and others began throwing up. The pesticide that sickened Torres
and her coworkers was related to nerve gas, and severe exposure to it can
result in seizures and even death. Torres contemplated suing the company
that owned the field where she worked, “not to get rich,” she said, “but
just to show that these things shouldn't happen. How many millions of
dollars do they make on the produce that we plant, take care of, harvest?
We need our place here, too.”
When farm workers are sickened by pesticides, they have
the right to apply for workers' compensation. Because many speak little
English, however, they might not know about workers' comp, and, if they
are aware of it, they still fear having anything to do with the
government. They also realize they would lose time from work if they get
involved with the workers' comp process and even fear losing their jobs
because their companies would not be happy if the workers brought
pesticide drifts to light by pursuing workers' comp. For all of these
reasons, farm workers sickened by pesticide drifts often get no help at
all in paying medical expenses. Because they so often do not report
pesticide exposure, the actual number of workers sickened by pesticide
drifts is probably much higher than the number indicated in official
reports. In addition, pesticide residue on crops can have long-term health
impacts, including cancer, on adults and children. Thus the number of farm
workers who end up with health problems from pesticide exposure may easily
run well into the thousands.
As with other types of workplace injuries and illnesses,
investigation of pesticide violations in California's fields is lax, as is
the enforcement of safety regulations. In 2002 a pesticide drift sickened
250 people. The company involved eventually paid only $60,000 to settle
charges against it, but the farm workers who were sickened did not receive
any of this money.
In the summer of 2004, there were signs that California's
state government was becoming more concerned about the pesticide problem.
For better or worse, one reason for its concern was that pesticide
spraying was drifting from agricultural fields into housing developments
occupied by residents who were not farm workers. Several state legislators
said that a system of required medical payments after accidental exposure
to pesticide drifts needed to be established.
Sources: Barbassa 2004; Lee 2004; Reeves, Katten,
and Guzmán 2003.
Usually, however,
the harm done to workers takes much more time to kill them. The coal
mining industry is a prime example. Long-term breathing of coal dust leads
to several respiratory problems, including black lung disease, which has
killed some 100,000 coal miners over the last century and still kills
about 1,500 annually. According to a recent investigation, many coal
mining companies “cheat on air-quality tests to conceal lethal dust
levels. And while the federal government has known of the widespread
cheating for more than 20 years, it has done little to stop it because of
other priorities and a reluctance to confront coal operators” (Harris
1998: A1). Many miners help to falsify the tests, partly because they are
told to but mostly because they are afraid their mines will shut down if
their true air quality became known. As one former miner with black lung
disease put it, “You either do it or the mine shuts down. And if the mine
shuts down, you ain't got no job. And if you ain't got no job, you got no
food on the table” (Harris 1998: A1). Despite the dangers of coal dust,
the industry in recent years has lobbied to raise allowable coal-dust
levels, and the Mine Safety and Health Administration has eased health and
safety regulations in other areas (Drew and Oppel 2004).
The
asbestos industry has also killed many workers. Beginning in the late
1960s, medical researchers began to discover that asbestos, long used as a
fire retardant in schools, homes, and other buildings and as an insulator
in high-temperature equipment, can cause asbestosis, a virulent lung
disease. Because this disease takes a long time to develop, it is
estimated that more than 200,000 people, mostly asbestos workers but also
consumers, will eventually die from asbestos-related cancer and lung
disease within the next few decades (Brodeur 1985).
The asbestos industry hid the dangers of asbestos for
several decades.
Where's the crime?
you might be asking. What if no one happened to know that asbestos was
dangerous? If this were the case, then asbestos deaths would be a tragic
problem but one for which the industry perhaps should not be blamed.
Unfortunately there is plenty of blame, and even murderous criminal
neglect, to go around. It turns out that the asbestos industry began to
suspect at least as early as the 1930s that asbestos was dangerous, as it
saw its workers coming down with serious lung disease. Responsible
corporations would have reported their suspicions to the appropriate
federal and state authorities and taken every safety measure possible to
limit or prevent their workers' exposure to asbestos fibers.
But
the asbestos companies did none of this. Instead, they deliberately
suppressed evidence of lung disease in their workers and settled workers'
claims out of court to avoid publicity (Lilienfeld 1991). For more than 30
years they continued to manufacture a product they knew was dangerous.
During that time, more than 21 million U.S. residents who worked with
asbestos, were still alive by the early 1980s, and asbestos was put into
many schools and other structures that were built. It is no exaggeration
to say that their concern for profit was and will be responsible for more
than 200,000 deaths and that the asbestos industry was guilty of
“corporate malfeasance and inhumanity … that is unparalleled in the annals
of the private-enterprise system” (Brodeur 1985:7).
CONSUMERS AND
UNSAFE PRODUCTS. Even if you work in a safe workplace, you are not
necessarily safe from corporate violence. Every year corporations market
dangerous products that injure us, make us sick, and even kill us. In 2003
government agencies issued 5,000 recalls for 60 million products
considered dangerous or unhealthy (Alterio 2004). Because many people do
not hear about the recalls, many hazardous products, including one-third
of recalled vehicles and one-half of recalled appliances, are still in
use. The U.S. Consumer Product Safety Commission (2003) estimated that
unsafe products are associated with about 4,600 deaths each year and about
15 million injuries. It is not known how many of these deaths and injuries
are from products that were unsafe as manufactured versus those that were
unsafe because they had aged past safe use (e.g., an old toaster with a
frayed electric cord). On the other hand, not all deaths and injuries from
unsafe products come to the commission's attention. Meanwhile, the U.S.
Centers for Disease Control and Prevention (CDC) estimate that each year
about 5,000 people die and 350,000 are hospitalized from eating
contaminated food (Petersen and Drew 2003), almost all of it because of
processing violations; again, not all such deaths come to the CDC's
attention. Combining the two agencies' death estimates, about 9,600 people
each year die from unsafe products, including food.
Children seem to be
at special risk from unsafe products, thanks in part to the reluctance of
companies to reveal potential dangers in the products they market for
children. A report in 2000 indicated that 17 companies “kept quiet about
products that were seriously injuring children until the government
stepped in” (O'Donnell 2000:1A). These products included cribs and infant
carriers, and the injuries included amputated fingers. Some of the
companies had received thousands of complaints from parents and had
investigated their products' safety, but they hid the evidence of their
products' dangers from the government. One of these companies allegedly
was Hasbro, which the government said had remained silent about defective
handles on infant carriers that had caused seven skull fractures. Hasbro
paid a civil fine but denied any wrongdoing. Another company allegedly
kept quiet about defective strollers that caused more than 200 injuries,
including broken bones.
Three industries
posing a great danger to consumers are the automobile, pharmaceutical, and
food industries.
The Automobile
Industry. We all know that cars often have many defects, some of
them safety hazards. Given cars' complexity, some defects are inevitable
and perhaps not that blameworthy. But there have been many tragic cases in
which automobile manufacturers knew of safety defects that killed and
injured many people, but decided not to do anything in order to save
money.
The
most infamous case is probably that of the Ford Pinto, first put on the
market in 1971, even though Ford already knew that the Pinto had a
defective gas tank that could easily burst into flames and explode in
rear-end collisions. Ford did a cost–benefit analysis to determine whether
it would cost more money to fix each Pinto, at $11 per car, or to pay
settlements in lawsuits after people died or burned in Pinto accidents.
Specifically, Ford calculated that it would cost $49.5 million to settle
lawsuits from the 180 burn deaths, 180 serious burn injuries, and 2,100
burned cars it anticipated would occur, versus $137 million to fix the
12.5 million Pintos and other Fords with the problem. Because not fixing
the problem would save Ford about $87 million, Ford executives decided to
do nothing, even though they knew people would die and be seriously
burned. About 500 people eventually did die (although one estimate puts
the number at “only” some two dozen) when Pintos were hit from behind,
often by cars traveling at relatively low speeds. The Pinto was finally
recalled in 1978 to make the gas tank safe (Cullen, Maakestad, and
Cavender 1987; Dowie 1977).
Ford
was responsible for more deaths and injuries beginning in 1966 because of
faulty automatic transmission in many of its vehicles that slipped from
“park” into “reverse.” This defect has received much less attention than
the Pinto's but was almost as deadly (ConsumerReports 1985;
Kahn 1986). Drivers would put their car in park while they got out to get
groceries from the trunk, open up their garage door, or get the mail from
a streetside mailbox. The transmission would shift unexpectedly into
reverse, causing the car to roll backward, and knocking or running over
the driver. By 1971 Ford was receiving six letters per month of this
problem but chose to do nothing. In fact, for years it denied its vehicles
had any reversal problem at all. Ford's inaction led to at least 207
deaths and 4,597 injuries by 1985 from Ford vehicles rolling backward onto
people.
The Ford Pinto had a defective gas tank that could easily
burst into flames and explode in rear-end collisions. The company knew
about this problem before the car went on the market but decided not to
fix it in order to save money.
The
federal government did little to prevent these deaths and injuries.
Instead of ordering a recall, the Department of Transportation allowed
Ford in 1980 to send warning stickers to owners of all Ford vehicles
manufactured between 1966 and 1979. Because many original owners had sold
their cars, about 2.7 million owners of used Fords never received the
stickers. At least 80 people died in Ford reversal accidents from 1980,
when the stickers were mailed, to 1985.
Ford
claimed its vehicles were no worse than any other manufacturer's and
blamed the problem on drivers' failure to actually put their cars in park
initially. Unfortunately for Ford, although the National Highway Traffic
Safety Administration (NHTSA) recorded the 80 deaths from Ford cars
between 1980 and 1985, it recorded only 31 similar fatalities for General
Motors, Chrysler, and American Motors combined. Unless we are to assume
that Ford drivers were somehow more inept than others at putting their
vehicles into park, the Ford transmission had to be at fault. Ford
eventually corrected the problem beginning in its 1980 models.
At
about the same time, thousands of Ford owners during the 1980s and 1990s
reported that their cars were stalling on highways and when making left
turns. Although Ford told the government that this problem was not due to
any defect, its officials and engineers knew that the cars did, in fact,
have a significant defect: an ignition system that would become too hot
and then shut off the engine. Determining that it would cost almost half a
billion dollars to fix the problem in millions of cars, Ford kept quiet
about the defect for nine years even as it led to serious car accidents,
some of them fatal. Ford finally fixed the problem by 1996 (Labaton and
Bergman 2000).
Unsafe tires have
also killed. In the early 1970s, Firestone knew that its new Firestone 500
tires could separate and blow out, posing a serious danger to drivers.
Instead of fixing the tire and recalling the ones already sold, as
requested by the government, Firestone continued to tout the tire's
prowess and eventually sold almost 24 million. When NHTSA publicized the
tire's dangers, Firestone sold its remaining Firestone 500 tires at steep
discounts to get rid of them. At least 34 people are known to have died
after their Firestone 500 tires blew out, and several thousand more were
involved in accidents, with many being injured. In 1980 Firestone paid a
$50,000 fine for selling its unsafe tire (Mokhiber 1988). Like Ford and
other companies, then, Firestone knew full well that its unsafe product
would cost lives and cause much injury but decided that profits were more
important than people. Although Firestone's decision was responsible for
34 deaths and many injuries, no one in the company was criminally
prosecuted.
History repeated
itself three decades later when more Firestone tires were also reported to
be separating and blowing out. Most of the reports involved the Ford
Explorer, the most popular SUV, which used the tires as standard
equipment. The reports said that the tires tended to fall apart at high
speeds, causing many accidents. The tires were eventually linked to 271
deaths and more than 700 injuries, but those were widely thought to be
underestimates. Firestone finally recalled millions of the tires in 2000,
but left millions of others on the road that were said to suffer from the
same tread separation problems. Documents indicated that both Ford and
Firestone knew about the blowout problems for several years before the
recall was announced (Kumar 2001; Labaton and Bergman 2000; Mayne and
Plungis 2004)
The
Pharmaceutical Industry. The pharmaceutical industry has also put
profits above people by knowingly marketing dangerous drugs. As one
scholar wrote, “Time after time, respected pharmaceutical firms have shown
a cavalier disregard for the lives and safety of the people who use their
products” (Coleman 1998:74).
One
example of pharmaceutical misconduct involved Eli Lilly and Company, which
in the 1980s put a new arthritis drug, Oraflex, on the market overseas.
Shortly after taking the drug, at least 26 people died. These patients'
doctors reported the deaths to Lilly. Because the patients were usually
elderly, any individual physician could not assume that Oraflex was the
cause of death. After getting several reports of such deaths, however, a
responsible company would have told the government, conducted more tests,
and perhaps taken the drug off the market. Lilly did none of these things
and kept the deaths a secret. As a result, the Food and Drug
Administration allowed Lilly to market the drug in the United States in
April 1982. More deaths took place, and Lilly pleaded guilty in August
1985 to deceiving the government. By this time, Oraflex had killed at
least 62 people and made almost 1,000 more seriously ill. Lilly's legal
punishment was a $25,000 fine for the company and a $15,000 fine for one
of its executives (Coleman 1998).
A
similar case involved the Richardson-Merrell Company, which developed a
cholesterol drug in the 1950s called MER/29. When the company tested
MER/29 on rats, many of the rats died or came down with serious eye
problems. In response, Richardson-Merrell falsified its test data to
pretend the drug was safe. Before the drug was finally removed from the
market, some 400,000 people had taken it, and at least 5,000 developed
serious skin and eye problems and suffered hair loss. The company made $7
million in gross income from MER/29 but was eventually fined only $80,000,
meaning that the drug made it a tidy profit (Mokhiber 1988).
A
more publicized example of pharmaceutical corporate violence involved the
A. H. Robins Company and its Dalkon Shield IUD, or intrauterine device
(Hicks 1994). Robins, the maker of Robitussin, Chap Stick, and other
products you've probably used, distributed over 4 million Dalkon Shield
IUDs between 1971 and 1975 in 80 nations, including 2.2 million in the
United States, after falsifying safety tests. The IUD turned out to be a
time bomb ticking inside women because its “tail string” carried bacteria
from the vagina into the uterus where it caused pelvic inflammatory
disease for thousands of women, leading to sterility, miscarriage, or, for
at least 18 U.S. women, death.
Five
percent, or 110,000, of the U.S. women became pregnant despite using the
IUD, even though Robins had falsely claimed only a 1 percent pregnancy
rate. Sixty percent of these women miscarried. Hundreds of those who did
not miscarry gave birth to babies with severe defects including blindness,
cerebral palsy, and mental retardation, and others had stillborn babies.
The Shield IUD probably killed hundreds or thousands of women outside the
United States. In 1974 the FDA asked Robins to stop selling the Shield in
the United States. Robins recalled the IUD, and then continued to sell it
in other nations for up to nine months. Several thousand women eventually
filed lawsuits against A. H. Robins, which eventually paid more than $400
million to settle the suits. Like other corporations, said Morton Mintz
(1985:247), a former investigative reporter for The Washington
Post, A. H. Robins “put corporate greed before welfare, suppressed
scientific studies that would ascertain safety and effectiveness, [and]
concealed hazards from consumers.” He added that “almost every other major
drug company” has done similar things, often repeatedly.
In
the late 1990s another drug company was accused of marketing a dangerous
product. Wyeth withdrew two diet drugs from the market after many reports
of heart valve damage associated with using the drugs and allegations that
the company had hid evidence of the problem. Wyeth eventually paid more
than $1 billion to settle class-action lawsuits (Feeley and McCarty 2004;
L. Johnson 2004).
Another problem with
the pharmaceutical industry is its “dumping” of potentially unsafe drugs
overseas. Sometimes the FDA rejects a new drug as potentially too
dangerous. In the meantime, the pharmaceutical company has spent much
money to develop it. As a result, companies often decide to market unsafe
drugs overseas, especially in poor nations, where safety standards are
much weaker and there is a ready market of millions of people. One study
found that 19 of the 20 largest U.S. pharmaceutical companies were accused
during the 1970s and 1980s of bribing public officials in other nations to
allow unsafe drugs to be dumped there. The officials included customs
officers, health inspectors, hospital administrators, physicians, and
police. Several of the companies falsified test results of their drugs'
safety to gain their approval overseas. When some companies tested their
drugs on rats and monkeys and saw the animals developing tumors,
blindness, and other problems, they replaced them with other animals and
did not report the problems (Braithwaite 1995a).
The Food
Industry. A third industry that has put profit over people is the
food industry, cited even decades ago as a menace to public health (Kallet
1933). The more than 1,500 chemical additives in our food may cause
cancer, gallbladder symptoms, allergies, and other health problems.
Historically, one of the worse food offenders is the meatpacking industry,
which has supplied spoiled meat to U.S. soldiers in more than one war.
Upton Sinclair, in his muckraking novel The Jungle, mentioned
earlier, wrote that rats routinely would get into meat in meatpacking
plants. Workers used poisoned bread to try to kill the rats. The meat sold
to the public thus included dead rats, rat feces, and poisoned bread.
Sinclair's novel led to the Federal Meat Inspection Act in 1906 (Frank and
Lynch 1992).
Despite this act and
other regulations, some meatpacking companies still endanger our health,
thanks in large part to lax federal monitoring of the meat industry. In
July 2004 four companies in Los Angeles were charged with violating
federal food safety laws for, among other actions, selling
rat-contaminated meat. Federal inspectors had seized more than six tons of
meat that allegedly contained rat feces. Another company was charged with
shipping cheese containing potentially deadly bacteria (Rosenzweig 2004).
A year earlier, a news report revealed that a Georgia meat company that
supplies schools, supermarkets, and restaurants across the nation had been
cited for safety violations hundreds of times during the previous three
years (Petersen and Drew 2003). Earlier examples of bad meat abound. In
1984 the government accused a Colorado meatpacking company of hiding
evidence of disease in slaughtered animals, putting rancid meat into its
hamburgers, and placing false dates on old meat. The company was the
largest ground meat provider for school lunch programs and an important
supplier to supermarkets, fast-food restaurants, and the military (Simon
2002).
Sometimes companies
sell meat so contaminated that it makes us ill and even kills us. In 1993
three children died and almost 500 adults and children became seriously
ill after eating hamburgers at Jack in the Box restaurants in Washington
State. Improper handling by a California meat plant had allowed the beef
in the hamburgers to become contaminated with deadly bacteria. The tragedy
led to widespread criticism of federal meat inspection laws and procedures
and prompted calls for tougher laws and enforcement (Kushner 1993). A few
months after the tragedy, the USDA shut down 30 slaughterhouses after
surprise inspections. Still, more than a year later seven other people
became ill after eating contaminated meat in New Jersey. The Secretary of
Agriculture then called contaminated meat a serious problem that demanded
increased federal attention. Not surprisingly, meatpacking companies
criticized the calls for tougher meat inspection (Skrzycki 1994).
THE PUBLIC AND
ENVIRONMENTAL POLLUTION. No doubt some pollution of our air, land, and
water is inevitable in an industrial society. If people become ill or die
from it, that is unfortunate, but unavoidable. But much of our pollution
is preventable. Federal environmental laws are weak or nonexistent;
corporations often violate the laws that do exist; federal monitoring and
enforcement of these laws are lax; and the penalties for environmental
violations are minimal (Rosoff, Pontell, and Tillman 2004). According to
one report, this fact creates “a system where major polluters can operate
with little fear of being caught or punished.” As a result, an estimated
20 percent of U.S. landfills and incinerators, 25 percent of drinking
water systems, and 50 percent of wastewater treatment facilities violate
health regulations (Armstrong 1999: A1).
The
consequences of these problems are illness, disease, and death. We are
only beginning to understand the health effects of environmental
pollution. For many reasons, it is very difficult to determine how many
people die or become ill each year from pollution, or whether pollution
even harms health at all. That said, a growing body of epidemiological and
other research strongly suggests that pollution does hurt our health, and
an increasing number of medical journal articles alerts physicians to
watch for pollution-related health problems in their patients (Migliaretti
and Cavallo 2004). A study by the American Cancer Society that followed
500,000 people for 16 years found that air pollution contributes to both
heart disease and lung cancer and is as dangerous as secondhand smoke or
being overweight or a former smoker (Pope et al. 2004). Scientists
estimate that air pollution kills between 50,000 and 100,000 Americans
each year from the heart disease, cancer, and respiratory diseases it
causes (Dockery and Pope 1994).
Although pollution
kills many people, the key question, and one almost impossible to answer,
is how many of these deaths could be prevented if corporations acted
responsibly and put people above profit. A conservative estimate of annual
pollution deaths due to corporate crime and neglect would be 35,000.
In
this regard, a recent report deplored several major corporations,
including General Motors, Standard Oil, and Du Pont, for engaging in a
“sad and sordid commercial venture” by conspiring from the beginning of
the automobile age to manufacture and market gasoline containing lead, a
deadly poison, even though the companies knew there were safe
alternatives. Along the way they suppressed evidence of the health dangers
of lead. More than 60 years after it was first used, lead was finally
banned as a gasoline additive in 1986. A 1985 study by the U.S.
Environmental Protection Agency estimated that some 5,000 Americans had
been dying each year from lead-related heart disease. The author of the
report noted that most of the 7 million tons of lead burned in gasoline
during the last century still remains in our land, air, and water, and
that leaded gasoline is still used overseas, especially in poor nations
(Kitman 2000).
One
form of pollution attracting recent attention is the dumping of toxic
waste. The United States produces close to 300 million tons of toxic waste
each year, and as much as 90 percent of this is disposed of improperly
into some 600,000 contaminated sites across the nation (Simon 2002).
Perhaps the most infamous toxic waste dumping crime occurred in an area
known as Love Canal, near Niagara Falls, New York. For years a chemical
company had dumped toxic wastes at Love Canal and then donated the land to
the Niagara Falls School Board in 1953. The school board sold the land to
a developer, and houses were eventually built on top of the toxic waste.
Eventually the waste leaked into the surrounding land and water, causing
birth defects, miscarriages, and other health problems. By the 1980s more
than 500 families had to leave their homes, which were later destroyed.
The company had also dumped toxic wastes in several other communities
(Levine 1982).
In
an example of corporate misconduct with immediate consequences, a Union
Carbide chemical plant in Bhopal, India, leaked deadly gas in December
1984, killing at least 3,500 and leaving tens of thousands ill and
injured. The leak occurred after Union Carbide had ignored several
warnings by U.S. and Indian engineers of such a possibility. No Union
Carbide official was ever prosecuted for homicide or manslaughter
(Friedrichs 2004).
U.S.
corporations also sell and use some 75,000 tons of pesticides overseas,
typically in the Third World, which are banned in this country. For
example, the notorious pesticide DDT was sold in Central and South America
after being banned in the United States. These pesticides are estimated to
poison about 400,000 people each year and kill at least 10,000 (Mokhiber
1988).
The Economic and
Human Costs of White-Collar Crime
Many
criminologists believe that white-collar crime costs us more in lives and
money than street crime (Friedrichs 2004; Rosoff, Pontell, and Tillman
2004). Before moving on, let us collect the various figures that have been
presented on the costs of both types of crime to see why they feel this
way.
We
will start with the value of property and money stolen annually from the
public, government, and/or private sector by street crime and white-collar
crime. Our figure for street crime is $17.1 billion, the FBI's estimate of
the economic loss from all property crime and robbery. For white-collar
crime, we will add several estimates presented earlier in this and
previous chapters, taking the midpoint of estimates for which a range was
given: (1) $389 billion (the U.S. News & World Report
estimate in today's dollars) for the cost of all corporate crime,
including price-fixing, false advertising, tax evasion, and various types
of fraud; (2) $100 billion in health care fraud; (3) and $33 billion in
employee theft. These figures add up to $522 billion annually. Add to that
the IRS's estimate of $194 billion annually in noncorporate tax evasion
(see Chapter 11), and the total cost of white-collar crime, broadly
defined, reaches $716 billion. As you can see in Figure 12.1, this figure
towers over the annual loss from street crime.
Now
we will do a similar calculation for the number of people killed each year
by street crime (murder and nonnegligent manslaughter) and white-collar
crime and misconduct. The UCR's estimate for 2003 homicides was 16,503.
For white-collar crime (and misconduct), we again use the estimates
presented earlier in this chapter and previous chapters, taking the
midpoint of estimates for which a range was given: (1) 56,425
workplace-related deaths from illness or injury; (2) 9,600 deaths from
unsafe products; (3) 35,000 deaths from environmental pollution; and (4)
and 12,000 deaths from unnecessary surgery. Adding these figures together,
about 113,025 people a year die from corporate and professional crime and
misconduct. As Figure 12.2 illustrates, this number far exceeds the number
of people murdered each year.
Explaining
White-Collar Crime
In
many ways, white-collar criminals are not that different from street
criminals. Both groups steal and commit violence, even if their methods
differ in ways already discussed. In addition, certain explanations of
street crime also apply to white-collar crime. At the same time, there are
obvious differences between the two types of crime and their respective
offenders. To help understand why white-collar crime occurs, it is useful
to examine its similarities with and differences from street crime.
Because so many types of white-collar crime exist, our discussion will
focus on the most serious type, corporate crime.
Similarities with
Street Crime
As
just noted, a basic similarity between white-collar crime and street crime
is that both types of crime involve stealing and violence. To recall Woody
Guthrie's line at the beginning of Chapter 11, some people rob you with a
gun, while others rob you with a fountain pen (or, in the modern era, a
computer). Beyond this basic similarity, both types of crime also share
some other features and dynamics.
Like
street criminals, white-collar criminals do not usually break the law
unless they have both the opportunity and the motivation to do so (Shover
and Hochstetler 2000). But the opportunity for corruption and other
white-collar crime differs across occupations and industries. This helps
us understand why some occupations and industries have more crime than
others. For example, financial corruption is, to the best of our
knowledge, much less common among professors than among businesspeople,
physicians, and politicians. Are professors that much more virtuous than
these other professionals? Professors would certainly like to think so!
But, to be objective, we have to concede that the reason might simply be
that professors have much less opportunity than the other professionals to
make a buck through illegal means.
Also
like street criminals, white-collar criminals use many techniques of
neutralization to justify their crimes and other misconduct (Coleman
1987). At the corporate level, executives and middle managers see their
behavior as necessary to compete in very competitive markets: The whole
industry does ___________ (fill in the blank), why shouldn't
we? Or, the government overregulates us and makes it impossible to
do our jobs, so it's OK to violate the regulations. Despite
massive evidence to the contrary, corporate executives deny again and
again that their workplaces harm their workers, that their products harm
consumers, and that their pollutants harm the public. We will never know
if they actually believe what they are saying, or if they are lying to
protect themselves and their companies. Probably some do believe what they
say, whereas others know full well the harm they have caused.
Another similarity
has been hotly debated, and that is whether white-collar criminals join
with street criminals in lacking self-control. Recall that Michael
Gottfredson and Travis Hirschi (1990) put lack of self-control at the root
of all criminality (see Chapter 7). In a study of UCR fraud and
embezzlement data, the two authors said that white-collar criminals have
the same motivation—greed—as property criminals and act on this greed
because they, too, lack self-control (Hirschi and Gottfredson 1987). This
fact, they continued, explains why white-collar crime is relatively rare,
because few people with low self-control are able to achieve high-status
jobs. It also challenges, they added, the popular scholarly view that
white-collar crime results from values and techniques of neutralization
justifying such behavior. If this view were correct, they said, then
white-collar crime would be much more common.
Hirschi and
Gottfredson's argument has been sharply challenged. Darrell Steffensmeier
(1989:347) noted that UCR fraud and embezzlement data “have little or
nothing to do with white-collar crime.” Most people arrested for fraud
have not committed occupational crime, and most people arrested for
embezzlement are not in high-status occupations. He also argued that
white-collar crime is much more common than Hirschi and Gottfredson
assumed. In another critique, Michael Benson and Elizabeth Moore (1992)
found white-collar criminals much less likely than street criminals to
have had done poorly in school when younger or to have drinking or drug
problems. From this evidence the authors concluded that white-collar
criminals have much more self-control than Hirschi and Gottfredson
assumed. Agreeing with the critics, Gilbert Geis (1995:218) commented,
“For most scholars who study white-collar crime, the idea that low
self-control holds the key to such offenses as antitrust conspiracies
seems exceedingly farfetched.”
Differences from
Street Crime
So
far we have discussed factors that help explain both white-collar crime
and street crime and one factor, lack of self-control, that does not seem
to apply to corporate crime. Other reasons for street crime also do not
apply to corporate crime. Consider, for example, the view, rejected by
most sociologists, that violent and other street criminals suffer from
biological or psychological abnormalities. Although corporate executives
are responsible for more deaths each year than all the murderers in our
midst, it would probably sound silly to say they have some biological or
psychological abnormality that causes them to allow people to die.
Turning to
sociological explanations of conventional crime, it would also sound silly
to say that corporate executives fleece the public because as children
they grew up amid social disorganization, suffered negative family and
school experiences, and consorted with delinquent friends. Corporate
executives are, after all, successful. They have achieved the American
dream, and one reason for this is that many were raised in the best of
surroundings and went to the best schools. Nor can we blame their present
economic circumstances. As Sutherland (1949) noted over 50 years ago, we
cannot attribute the crime of corporate executives to economic deprivation
because they are, by definition, wealthy to begin with.
Cultural and Social
Bases for White-Collar Crime
To
explain the behavior of white-collar criminals, then, we must look beyond
explanations stressing individual failings and instead consider a
combination of structural and cultural forces (Coleman 1987). Here we
again go back to Sutherland (1949), who said that whitecollar crime stems
from a process of differential association in which business offenders
learn shared views on the desirability of their criminal conduct. Most
contemporary scholars of white-collar crime agree with his view,
especially where corporate crime is concerned, because many corporations
develop “subcultures of resistance” that encourage corporate lawbreaking
to enhance corporate profits (Braithwaite 1989b). Here the views of top
management matter greatly. According to one business professor, “Of all
the factors that lead to corporate crime, none comes close in importance
to the role top management plays in tolerating, even shaping, a culture
that allows for it” (Leaf 2002:67).
Many
scholars also blame white-collar crime on an insatiable thirst for money
and the power accompanying it. This greed in turn arises from the stress
placed in our society on economic success (Passas 1990). Even if we are
already wealthy, we can never have enough. As discussed in Chapter 6, the
pursuit of profit in a capitalist society can be ruthless at times, and
individuals and organizations will often do whatever necessary to acquire
even more money, wealth, and power.
Lenient
Treatment
Another reason
corporate crime occurs is the lenient treatment afforded corporate
criminals. As an article in Fortune magazine, a business
publication, put it, “The double standard in criminal justice in this
country is starker and more embedded than many realize. Bob Dylan was
right: Steal a little, and they put you in jail. Steal a lot, and you're
likely to walk away with a lecture and a court-ordered promised not to do
it again” (Leaf 2002:62). Criminologist James W. Coleman (1995, 266)
added, “White collar crime continues to take such an economic and social
toll because the government often does little or nothing to punish white
collar criminals, especially those involved in the most serious
organizational crimes.” The problem of lenient treatment involves three
components.
WEAK OR ABSENT
REGULATIONS. First, regulations forbidding corporate misconduct are
either weak or nonexistent. Part of the reason for this is that
corporations, whether you like them or not, are very powerful and
influential, and are often able to prevent or water down regulatory
legislation. Also, because federal and state regulatory agencies are
woefully underfunded and understaffed, much corporate misconduct goes
undetected.
DIFFICULTY OF
PROVING CORPORATE CRIME. Second, corporate crime is difficult to prove
and punish even when it is suspected. A major reason for this is again
corporate power. Simply put, corporations have more resources, including
sheer wealth and highly paid, skilled attorneys, than do enforcement
agencies and district attorney offices. A regulatory agency or district
attorney bringing charges against a major corporation is like David
fighting Goliath. In the Bible, David won, but in the contemporary world
of corporate crime, Goliath usually wins. Regulatory agencies and district
attorneys often have to settle for promises by corporations that they will
stop their misconduct, which they often do not even admit they were doing
(Rosoff, Pontell, and Tillman 2004).
Despite some recent publicized prosecutions of prominent
individuals accused of corporate crime, the legal treatment of corporate
criminals continues to be fairly lenient.
The
complexity of corporate crime is also a factor in the difficulty to prove
it. As prosecutors realize, juries often find it difficult to understand
complicated financial transactions and shenanigans. It is also often
difficult to determine when and how a law or regulation was violated, who
made the decision to violate it, and whether the alleged offender acted
with criminal intent (Eichenwald 2002). A memorable passage at the
beginning of John Steinbeck's (1939) classic novel, The Grapes of
Wrath, illustrates the difficulty in pinpointing individual
responsibility in corporate behavior. A poor Oklahoma farmer during the
Great Depression is about to have his house run over by a bulldozer
because he's behind in his mortgage. Armed with a rifle, he stands in
front of his house ready to shoot the bulldozer driver. The driver says
he's not at fault: the local town's bank is the one that told him to
bulldoze the house. The farmer asks who at the bank made this decision so
that he can go shoot this person. The driver replies that the bank was
acting under the direction of its parent corporation back East.
Frustrated, the farmer asks sadly, “Then who can I shoot?” puts down his
rifle, and allows the bulldozer to do its dirty work.
For
all of these reasons, in many cases criminal indictments and prosecutions
never occur. From 1982 to 2002, the U.S. Occupational Health and Safety
Administration (OSHA) documented 2,197 deaths in 1,242 incidents involving
unsafe and illegal workplace conditions, but sought a criminal prosecution
in only 7 percent of these cases. At least 70 of the employers involved in
these deaths continued to violate the law, with many more deaths occurring
(Barstow 2003). Turning to financial crime, from 1992 to 2001, the
Securities and Exchange Commission referred 609 cases to federal attorneys
for criminal prosecution. By 2002, 525 cases had been completed. Only just
over one-third of this number resulted in a prosecution, and only
one-sixth resulted in someone going behind bars (Loomis 2002).
WEAK
PUNISHMENT. The third component of lenient treatment of white-collar
criminals is weak punishment. As a business writer for The New York
Times noted, “It's an all-too-familiar pattern: a corporation—usually
a big name, with broad business and political influence—gets enmeshed in
scandal. Shocking revelations portray a pattern of wrongdoing. The damages
run into the billions…. and then, not very much happens. Not many people
go to jail, and if they do, it's not for very long” (Eichenwald 2002: A1).
The writer then recounted several corporate scandals preceding Enron,
including E. F. Hutton, National Medical Enterprises, Prudential
Securities, and Columbia/HCA Healthcare. Although these companies paid
millions of dollars in fines, not a single senior executive from any
company was imprisoned.
As
this writer noted, most corporate violations that are punished involve
fines, not imprisonment. Although the fines may run into hundreds of
thousands or even tens of millions of dollars (and for the
OSHA-investigated deaths just discussed are typically only $30,000), they
are the proverbial “drop in the bucket” for the people or corporations who
must pay them. We saw this earlier with the electrical price-fixing
scandal of 1961, for which the fines might sound stiff for an ordinary
person but were quite affordable for the corporations that broke the law.
Many contemporary examples could also be sited. To take just one, Bank of
America was fined $10 million in March 2004 for delaying the delivery of
documentation on possible securities trading violations. The Securities
and Exchange Commission (SEC), which levied the fine, noted it was the
largest it had ever imposed for failing to produce evidence requested in
an investigation. The $10 million fine was a lot of money in absolute
terms, and probably no one you know could afford to pay it. Yet Bank of
America took in $48 billion in revenue in 2003 and cleared a profit of
$10.8 billion, and its total assets are almost $1 trillion. Thus the fine
amounted to.02 percent of its revenue, less than 1 percent of its profit,
and.001 percent of its assets. To translate the first and last figures to
ones that are more understandable, the $10 million fine was equivalent to
$8 for someone with an annual income of $40,000 and to $2 for someone with
a net worth (say from savings, stocks, and equity in a home) of $200,000.
Thus fines for corporations have little impact and are often seen as just
the cost of doing business.
Imprisonment also
has little impact on corporate criminals and other high-status offenders
because it only rarely occurs and involves a light sentence (either no
jail time or just a short sentence) when it does occur (Rosoff, Pontell,
and Tillman 2004). This remains true despite some relatively long prison
sentences handed out in the aftermath of the Enron scandal and the
stiffening of prison terms under federal sentencing guidelines (O'Donnell
and Willing 2003). Part of the reason for this problem is the high-powered
attorneys and other resources that wealthy defendants can afford and the
unwillingness of judges to regard them as real criminals deserving actual
punishment. Another part of the reason is that the law often does not
provide for a stiff prison term. For example, and to recall again the
OSHA-investigated deaths, killing a worker is only a misdemeanor under
federal law, with a maximum penalty of six months in jail; the penalty for
“harassing a wild burro on federal lands” is twice as long (Barstow 2003:
A1). Turning to financial crime, the executives convicted of crimes for
the savings and loan scandal discussed earlier each stole at least
$100,000 but received an average of only 36 months in prison. In contrast,
burglars (who generally steal only a few hundred dollars' worth of goods)
receive a sentence of almost 56 months (Calavita, Pontell, and Tillman
1977). And among convicted offenders in California, only 38 percent of
physicians and other persons who defrauded Medicaid were incarcerated,
compared to 79 percent of grand theft defendants, even though the economic
loss from Medicaid fraud was 10 times greater than the loss from grand
theft (Tillman and Pontell 1992).
Lack of News Media
Coverage
A
final factor contributing to corporate crime is that the news media gloss
over the damage it causes (Randall 1995). This is unfortunate, because the
threat of publicity can deter such crime (Scott 1989). Morton Mintz
(1992), the former Washington Post investigative reporter cited
earlier, attributed the media's neglect to cowardice, friendships, libel
risks, and its “pro-business orientation.” Although Mintz conceded that
the press was covering corporate crime more than in the past (and, more
than a decade after his statement, probably more now in the aftermath of
the Enron scandal and others), he said it was still guilty of a
“pro-corporate tilt” that led to a lack of adequate coverage of corporate
crime and other misconduct. In making the same point, Sutherland
(1949:247) much earlier noted that corporations own the major newspapers
and other segments of the news media. Because the media's income comes
largely from advertisements by other corporations, he observed, they
“would be likely to lose a considerable part of this income if they were
critical of business practices in general or those of particular
corporations.”
Reducing
White-Collar Crime
To
reduce corporate and other white-collar crime, several measures are
necessary. To list but a few, federal and state regulatory agencies must
be provided much larger budgets so they will become at least somewhat
stronger Davids against corporate Goliaths. The media would have to focus
as much or more attention on corporate and other white-collar crime as
they now do on street crime. More severe punishment might also work.
Because the major corporations can easily afford to pay even millions of
dollars in fines, these would have to be increased substantially to have a
noticeable deterrent effect. Because so few corporate executives and other
high-status offenders are threatened with imprisonment, many scholars
think the increased use of even short prison terms may induce these
offenders to obey the law (Cullen, Maakestad, and Cavender 1987). Agreeing
with this view, a writer for Fortune magazine observed that “the
problem will not go away until white-collar thieves face a consequence
they're actually scared of: time in jail” (Leaf 2002:62).
Other observers say
that stiffer fines and greater use of imprisonment will not work and will
lead only to further problems, including overburdening a legal system
already stretched beyond its means. These observers think that
self-regulation and compliance strategies emphasizing informal sanctions
such as negative publicity campaigns would ultimately reduce corporate
crime more effectively (Braithwaite 1995b). However, Pontell and Calavita
(1993) think this approach would not have prevented the 1980s savings and
loan fraud, partly because savings and loan executives looted their own
institutions and would thus not have cared about their institutions'
reputations.
ORGANIZED CRIME
When
the public demands goods or services, organized crime is all
too ready to provide them. Sometimes this is true even if the products and
services are legal. For example, organized crime is thought to be involved
in several legitimate businesses, including trash-hauling operations and
the vending and amusement machine industries (Lyman and Potter 2004). It
is also believed to be involved in the toxic-waste dumping industry, often
working hand-in-hand with the legitimate businesses that produce toxic
waste and want to dispose of it quickly and quietly (Block and Scarpitti
1985).
Despite its
involvement in these kinds of businesses, however, organized crime's
primary source of income remains illegal activities and products: drugs,
prostitution, pornography, gambling, loan sharking (loaning money at
extraordinarily high interest rates), and extortion (obtaining money
through threats). Throughout its history, organized crime has flourished
because it has catered to the public's desires and has had the active or
passive cooperation of political, legal, and business officials. The rest
of this section explores these themes.
History of Organized
Crime
If by
organized crime we mean coordinated efforts to acquire illegal profits,
then organized crime has existed for centuries. The earliest example of
organized crime is piracy, in which pirates roamed the high seas
and plundered ships. Piracy was common among ancient Phoenicians on the
Mediterranean Sea and, many centuries later, among Vikings in what is now
Western Europe. In the 1600s, buccaneers—Dutch, English, and French
pirates—began plundering ships carrying goods to and from the Spanish
colonies in the New World and then branched out to colonies farther north.
By the end of the 1600s, pirates openly traded their plunder with
merchants in Boston, New York, Philadelphia, and other port cities in what
is called the “golden age of piracy.” The merchants bought the pirated
booty at low cost and sold the pirates food and other provisions. Royal
governors and other public officials took bribes to look the other way,
with corruption especially rampant in the New York colony.
Piracy eventually
faded by the late 1720s after honest officials exposed their brethren's
corruption and several pirate leaders were killed. But perhaps the major
reason piracy ended was that merchants began to realize they could get
greater profits by trading with England than with pirates. “At that
point,” wrote criminologists Dennis J. Kenney and James O. Finckenauer
(1995:70), “the markets for pirate goods dried up, and the public demand
for their services and support for their existence disappeared.” The
merchants who once traded with pirates now called them a public menace.
One lesson of the golden age of piracy is that “colonial piracy flourished
only because the colonists wanted it to” (Kenney and Finckenauer 1995:
70). Piracy's success depended on the willingness of merchants to trade
with pirates, the public's willingness to buy the pirates' plunder from
the merchants, and the readiness of political officials to take bribes.
The situation today with organized crime is not much different.
Organized crime
began anew in New York City in the early 1800s, where almost 1 million
people—most of them poor, half of them immigrants, and many of them
unemployed— lived crammed into two square miles. Amid such conditions,
stealing and other crime were inevitable. Young women were forced to turn
to prostitution, and young men formed gangs, enabling them to commit crime
more effectively and protecting them from the police. These gangs were the
forerunners of today's organized crime groups and, like the pirates before
them, had a cozy relationship with public officials. Crooked city
politicians used them at polling places to stuff ballot boxes and
intimidate voters (Kenney and Finckenauer 1995).
By
the end of the century, the gangs had developed in New York and elsewhere
into extensive operations, many of them involving vice crime such as
prostitution and gambling. The ethnic makeup of these organized crime
groups reflected the great waves of immigration into the United States
during the nineteenth century. Most immigrants settled in the nation's
major cities and faced abject poverty and horrible living conditions. As
cities grew and the vice trade developed, it was inevitable that many
immigrants would turn to organized crime to make ends meet. Irish
Americans were the first to take up organized crime, and eventually became
very dominant in many cities. Later in the century Italians and Jews
immigrated into the country in enormous numbers and soon got their share
of the vice trade, working closely, as the Irish had before them, with
politicians, police, and various legitimate businesses. In this century,
African Americans, Asian Americans, and Hispanics have become more
involved in organized crime. Although many scholars question whether the
United States has been, as popularly thought, one big “melting pot” of
various ethnic and racial groups, organized crime ironically is one area
in which diverse groups have pursued economic opportunity and the American
dream (O'Kane 1992).
If
New York and other city gangs were the forerunners of organized crime, the
nineteenth-century robber barons were the role models (Abadinsky 2003). To
extend our earlier discussion, railroad baron Leland Stanford bribed
members of Congress and other officials to gain land grants and federal
loans for his Central Pacific Railroad. John D. Rockefeller's Standard Oil
Company forced competitors out of business with price wars and
occasionally dynamite. The Du Pont family, which made its fortune on
gunpowder, cornered its market after the Civil War with bribery and
explosions of competing firms. These and other examples are evidence of
the corruption and violence characterizing much of America's business
history. Organized crime since the nineteenth century is merely its latest
manifestation.
The
robber baron analogy indicates that organized crime and corporate crime
might be more similar than we think. Taking up this theme, many scholars
see little difference between the two (Abadinsky 2003; Calavita and
Pontell 1990). Both kinds of crime involve careful planning and
coordinated effort to acquire illegal profits. Both rely on active or
passive collusion of public officials and on public willingness to buy the
goods and services they provide. Although organized crime is more willing
to use interpersonal violence to acquire its profits, corporate crime, as
we saw earlier, can also be very violent.
Organized crime's
power and wealth increased enormously during Prohibition (Fox 1989).
Before this time, organized crime was primarily a local phenomenon with
little coordination across cities. Bootlegging demanded much more
coordination, because it involved the manufacture, distribution, and sale
of alcohol. Organized crime groups in different cities now had to
coordinate their activities, and organized crime became more organized to
maximize bootlegging's enormous profits. At the same time, rival gangs
fought each other to control bootlegging turf. Politicians and federal and
local law enforcement officials were all too willing to take bribes. For
these reasons, Prohibition fueled the rise and power of organized crime.
Bribery of politicians and police was common in cities such as Chicago,
where organized crime acquired enormous influence.
After Prohibition
ended, organized crime's primary source of income for several decades was
gambling. Starting in the 1960s, it moved more into the illegal drug
trade, which now provides an important source of organized crime's annual
income, estimated between $50 billion and $150 billion in the United
States, with gambling a fairly distant second. Due in large part to drug
trafficking, organized crime in recent years has taken on an international
focus, with cocaine smuggled into the United States from Colombia and
elsewhere (McGee 1995). There is evidence of CIA involvement with
international drug smuggling during the Iran-Contra scandal and since
(Cockburn and St. Clair 1998).
The Alien Conspiracy
Model and Myth
One
of the most controversial scholarly issues in U.S. organized crime today
is whether it is controlled by a highly organized, hierarchical group of
some 24 Italian “families.” This view, often called the alien
conspiracy model or the “Mafia mystique,” was popularized in important
congressional hearings beginning in the 1950s (Albanese 2000). It was
later featured in the various Godfather films and other movies and
books, was the central theme of sociologist Donald Cressey's (1969)
classic book, Theft of the Nation, and lives today in the TV series
The Sopranos. In addition to specifying a hierarchical,
Italian-dominated structure of organized crime, the model argues that
organized crime was largely unknown before Italians immigrated to the
United States in the late 1800s. It also assumes that organized crime
exists because immigrants, first Italians and later Asians and others,
corrupt righteous U.S. citizens and prey on their weaknesses.
As
with many other criminological topics, the alien conspiracy model is best
regarded as a myth (Kappeler, Blumberg, and Potter 2000). In emphasizing
Italian domination, this particular myth ignores the long history of
organized crime before Italian immigration and overlooks the involvement
of many other ethnic and racial groups. It also diverts attention from
organized crime's roots in poverty, in the readiness of citizens to pay
for the goods and services it provides, and in the willingness of
politicians, law enforcement agents, and legitimate businesses to take
bribes and otherwise cooperate with organized crime.
As
the history of organized crime indicates, the public, politicians, and
other officials are not very righteous after all. That is still true
today. As criminologist Gary W. Potter (1994:147) observed, “It is a
fallacy that organized crime produces the desire for vice. Organized crime
doesn't force people to gamble, snort cocaine, or read pornography. It
merely fills an already existing social gap. The law has made organized
crime inevitable because it denies people legal sources for those desired
goods and services.”
Nor
does organized crime seduce honest politicians, police, and other
officials and owners of legitimate businesses. Instead, these keepers of
the public trust are often very willing to take bribes and otherwise
cooperate with organized crime. In a Seattle study, William Chambliss
(1988) found organized crime, business leaders, politicians, and police
working hand-in-hand. In a more recent study of organized crime in
“Morrisburg,” a pseudonym for an East Coast city of 98,000, Potter
(1994:101–102) concluded, “It is quite clear to anyone walking the streets
of ‘Morrisburg’ that the political fix is in and extends from the cop on
the beat to the most senior political officials.” Such corruption, he
noted, “is critical to the survival of organized crime. In fact, organized
crime could not operate at all without the direct complicity and
connivance of the political machinery in its area of operation” (p.
149).
Like
Chambliss and other organized crime researchers, Potter also found
legitimate businesses cooperating with organized crime in Morrisburg and
noted, “The close interrelationships between legitimate and illicit
businesses have been documented time and again in every local study of
organized crime groups” (p. 135).
Chambliss, Potter,
and other scholars also argue that the alien conspiracy model exaggerates
the hierarchical nature of organized crime and the degree to which it is
Italian-dominated. Instead, they say, organized crime today is best seen
as a loose confederation of local groups consisting of people from many
different ethnic backgrounds. Organized crime's decentralized, fluid
structure permits it to adapt quickly to the ebb and flow of the vice
trade and government's efforts to control it.
Controlling
Organized Crime
Organized crime has
been around for so long because it provides goods and services that the
public desires. For this reason, it will not go away soon. Here the debate
over the alien conspiracy model has important implications for how we
should try to control organized crime, and for whether any effort will
even succeed. If the alien conspiracy model is correct, arrests and
prosecutions of selected organized crime “bosses” should eliminate its
leadership and thus weaken its ability to entice the public to use its
goods and services and various officials to take bribes. The government
has used this strategy at least since the days of Al Capone.
If,
however, organized crime has a more fluid, decentralized structure whose
success depends on public and official readiness to cooperate with its
illegal activities, this strategy will not work. As long as public demand
for illicit goods and services remains, the financial incentives for
organized crime will also remain. And as long as politicians, police, and
the business community are eager to cooperate, organized crime will be
able to operate with impunity. Organized crime, in short, is too much a
part of our economic, political, and social systems for the law
enforcement strategy to work well (Albanese 2000).
To
reduce organized crime's influence, then, we first must reduce public
demand for its illicit goods and services. For better or worse, that is
probably a futile goal. If so, a more effective way to fight organized
crime might be to admit defeat and to legalize drugs, gambling, and
prostitution, because the laws against these crimes have ironically
generated opportunities for organized crime to realize huge financial
gains (Kappeler, Blumberg, and Potter 2000). Legalizing these crimes would
be a very controversial step (see Chapter 14) but would at least lessen
organized crime's influence. Legalization might weaken organized crime in
an additional way, because current enforcement of the laws in fact
strengthens organized crime. The reason is that organized crime figures
who get arrested tend to be the smallest, weakest, and most inefficient
operators. Their removal from the world of organized crime allows the
stronger and more efficient organized crime figures to gain even more
control over illicit goods and services. They can also charge more for the
goods and services they provide, increasing their profits even further
(Kappeler, Blumberg, and Potter 2000).
Of
course, legalization of drugs and other illicit products and activities is
not about to happen soon. Given that fact, another way to fight organized
crime would be to concentrate on the cooperation given it by politicians,
police, and legitimate businesses. Unfortunately, this would entail a law
enforcement focus that has not really been tried before. It is unlikely
the government would want to take this approach, given that in some ways
it would be investigating itself.
One
final way to weaken organized crime would be to provide alternative
economic opportunities for the young people who become involved in it each
year. That means that if we could effectively reduce poverty and provide
decent-paying, meaningful jobs, we could reduce the attraction of
organized crime to the new recruits it needs to perpetuate itself.
Unfortunately, there are no signs that our nation is eager to launch a new
“war on poverty” with the same fervor that has guided our war against
drugs and other illicit goods and services that now make so much money for
organized crime.
CONCLUSION
There
once was an editorial cartoon depicting two men. One was middle-aged,
dressed in a slick business suit, and listed as a corporate executive; the
other was young and shabbily dressed with unkempt hair and a day-old
beard. Under the cartoon was the question, Who's the criminal? This
chapter has attempted to answer this question. By any objective standard,
white-collar crime causes more financial loss, injury and illness, and
death than street crime. However, street crimes remain the ones we worry
about. We lock our doors, arm ourselves with guns, and take many other
precautions to protect ourselves from muggers, rapists, burglars, and
other criminals. These are all dangerous people, and we should be
concerned about them. Because white-collar crime is more indirect and
invisible than street crime, it worries us far less, no matter how much
harm it causes. White-collar crime is less visible partly because of its
nature, and partly because of press inattention. One consequence of its
invisibility is that white-collar crime victims “are often unaware of
their victimization” (Weisburd and Schlegel 1992:359).
As a
result, most white-collar crime remains hidden from regulatory agencies
and law enforcement personnel. If someone poisoned a bottle of aspirin or
other consumer product, the press would publicize this crime heavily. We
would all be alarmed and refuse to buy the product, and its manufacturer
would probably take it off retail shelves. Meanwhile, we use dangerous
products that kill many people each year because we are unaware of their
danger. Even when we are aware of two other kinds of corporate violence,
unsafe workplaces and environmental pollution, there is often little we
can do. Workers have to go to work each day to pay their bills. Locked
doors will not keep out air, water, or land pollution. The same is true
for economic white-collar crime that steals from the public: locked doors,
guns, and mace will not protect the average family of four from losing
$1,000 to price-fixing each year.
White-collar crime
remains an elusive concept. As used here, it encompasses petty workplace
theft by blue-collar workers as well as complex financial schemes by
wealthy professionals and major corporations. The inclusion of crime by
blue-collar workers and businesses takes us far from Sutherland's original
focus on corporate and other crime by high-status offenders. But it does
remind us that crime takes on a variety of forms and involves many
otherwise law-abiding people who would denounce robbers and burglars but
see nothing wrong with occasionally helping themselves to a few items from
their workplaces or cheating a customer now and then.
However, given the
power and influence of corporations, wealthy professionals, and other
high-status offenders, it is important to keep their behavior at the
forefront of the study of white-collar crime. As Sutherland reminded us,
crime is not just something that poor nonwhite people do. And as he also
reminded us, the harm caused by corporate and other high-status crime
greatly exceeds the harm caused by the street crime of the poor.
Sutherland and other like-minded scholars are not saying we should
minimize the problem of street crime. That would not be fair to its many
victims, most of them poor, and many of them people of color. But they are
saying that it is time to give white-collar crime the concern and
attention it so richly deserves.
Organized crime has
certainly received much attention over the decades, and for good reason.
It is a powerful influence in American life and, as least as depicted in
film and on TV, has colorful characters quite ready to commit violence.
Although we know much about organized crime, that does not mean it is very
possible to weaken it. As long as people continue to desire the goods and
services organized crime provides, this type of crime will remain with
us.
If
white-collar crime has still received relatively little scholarly and
other attention, political crime has received even less. This crime again
challenges traditional views of criminality and forces us to question the
nature and legitimacy of law when lawbreaking is committed by the
government itself or by members of the public acting not for personal gain
but for a higher end. We will examine this fascinating topic in the next
chapter.
SUMMARY
- In 1949 Edwin Sutherland examined lawbreaking by major U.S.
corporations. Despite his pathbreaking work, the study of white-collar
crime lagged until the 1970s. Sutherland defined white-collar crime as
“a crime committed by a person of respectability and high social status
in the course of his occupation.” There has been much discussion of the
value of this definition. A useful typology of white-collar crime
distinguishes between occupational crime and organizational crime.
- A major type of occupational crime is employee theft, composed of
pilferage and embezzling. Much of this crime occurs because of the
dissatisfaction of employees with their pay and various aspects of their
working conditions. The savings and loan scandal of the 1980s involved a
new form of crime called collective embezzlement, in which top
executives stole from their own institutions.
- Professional fraud occurs for many reasons, among them the fact that
professional work is autonomous and self-regulated. Professionals who
commit fraud invoke many techniques of neutralization. A very common
type of professional fraud is health care fraud, which costs the nation
about $100 billion annually. Unnecessary surgery costs about 12,000
lives per year.
- Blue-collar businesses and corporations also commit financial
crimes. The auto repair industry is notoriously rife with fraud that
costs consumers billions of dollars annually. Financial fraud by
corporations received much attention in the beginning of this decade
thanks to accounting scandals at Enron and other major corporations.
These scandals resulted in the loss of thousands of jobs and of tens of
billions of dollars held by investors. Corporate financial fraud takes
several forms, including accounting improprieties, price-fixing and
other antitrust violations, and false advertising. Financial fraud of
all types by corporations may amount to almost $400 billion annually,
and the total economic cost of all economic crime reaches more than $700
billion.
- Corporate violence refers to actions by corporations that cause
injury, illness, or death. Examples of corporate violence include unsafe
workplaces, unsafe products, and environmental pollution. The number of
estimated deaths from white-collar crime of all types is more than
113,000.
- Many of the factors implicated in street crime (e.g., extreme
poverty, negative childhood experiences, and low self-control) do not
seem to explain white-collar crime by corporate executives and other
high-status professionals. Instead, white-collar crime arises from an
insatiable thirst for money and power, a workplace culture that condones
lawbreaking, and a system of lax law enforcement.
- Although many scholars and other observers think that longer and
more certain prison terms would significantly deter white-collar crime
in general and corporate crime in particular, other observers think this
strategy would prove ineffective and overburden a legal system that is
already stretched beyond its means.
- Organized crime goes back to the days of pirates and exists because
it provides citizens goods and services they desire. The popular image
of organized crime dominated by a few Italian families and corrupting
innocent individuals is a myth. Instead, organized crime is relatively
decentralized and composed of many groups of different ethnicities and
other backgrounds.
KEY TERMS
- alien conspiracy model
- collective embezzlement
- corporate violence
- embezzlement
- goods
- muckrakers
- occupational crime
- organizational crime
- pilferage
- piracy
- price-fixing
- professional fraud
- restraint of trade
- services
STUDY QUESTIONS
- What are some of the conceptual problems in defining white-collar
crime? What do you think is the best definition of such crime?
- Why is detecting and reducing professional fraud so difficult?
- What are three types of health care fraud? Why does such fraud
occur? To what degree do techniques of neutralization help us understand
the origins of such fraud?
- What are any three examples of corporate violence discussed in the
text?
- Why, generally, does white-collar crime occur?
- The text says that organized crime has often “had the active or
passive cooperation of political, legal, and business officials.” What
evidence does the text provide for this allegation?
WHAT WOULD YOU
DO?
- One day you are hired for a summer job as a cashier in the clothing
section of a large department store in a tourist area. At any one time,
there are four cashiers working in your section. Because the hours of
all the cashiers are staggered, over the next two weeks you meet a dozen
other cashiers who were all hired just for the summer. But by the end of
this period you have also become aware that most of them have stolen
clothing from the store by taking the security tags off articles of
clothing and putting the articles in their backpacks. Just about
everyone but you has taken a couple of shirts and one or two pairs of
pants. Because your store is so large and so busy, it is likely that the
store will not realize what is happening until long after the summer is
over, if then. Would you join the other cashiers in taking clothing,
tell the store manager, or do nothing? Explain your answer.
- You're working full-time in a summer job in a hamburger joint so
that you can afford to pay your tuition for the fall semester at the
state university. One day you notice that someone forgot to put a
shipment of raw meat into the freezer immediately after arrival, as
store regulations require, and instead let it lie around for several
hours. Concerned that the meat may not be safe to eat, you notify the
store manager. The manager says the meat is probably safe to eat and
that if he throws it out, the cost would come out of his salary. He then
instructs you and one of your coworkers to put the meat in the freezer.
What do you do? Why?
CRIME ONLINE
Go to
Cybrary, click on Show All Categories, and then click on
White-Collar and Organized Crime. Scroll down and click on the link
for Financial Scandals (www.ex.ac.uk/~RDavies/
arian/scandals/). This site provides information on financial scandals
from around the world. Click on the link for Classic Financial and
Corporate Scandals. Scroll to near the bottom of the page until you
reach the section for The Flaming Ferraris. Read through the links
provided for this scandal until you feel you are familiar with its
origins, dynamics, and consequences. Then write a one to two-page summary
that indicates what you have learned. At the end of your summary, answer
either one of the following questions: (1) How does this scandal reflect
or extend the knowledge and understanding of white-collar crime presented
in the textbook? or (2) Suppose you were a member of a jury that heard
this case or one similar to it. How well would you and the other jurors be
able to understand the circumstances of the case and to render a judgment
on guilt or innocence? |