Criminology: A Sociological Understanding, 3e
Steven E. Barkan
copyright © 2006 Prentice-Hall, Inc. A Pearson Education Company, 0131707973
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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.

[Figure 12.1] Estimated Annual Economic Loss from Street Crime and White-Collar 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.

[Figure 12.2] Estimated Number of Annual Deaths from Homicide and White-Collar Crime

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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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

  1. What are some of the conceptual problems in defining white-collar crime? What do you think is the best definition of such crime?
  2. Why is detecting and reducing professional fraud so difficult?
  3. 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?
  4. What are any three examples of corporate violence discussed in the text?
  5. Why, generally, does white-collar crime occur?
  6. 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?

  1. 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.
  2. 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?


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