'White Collar Crime': Still Hazy After All These Years
51 Pages Posted: 10 Jul 2015 Last revised: 11 Dec 2015
Date Written: July 9, 2015
With a seventy-five year history of sociological and later legal roots, the term “white collar crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under hybrid white collar statutes of perjury, false statements, obstruction of justice, and RICO. The empirical analysis suggests the need for an individualized multivariate approach to categorizing white collar crime to guard against broad federal statutes providing either under-inclusive or over-inclusive examination of this form of criminality.
Keywords: criminal law, white collar crime, definition, historical, methodology, empirical, perjury, false statements, obstruction, RICO
JEL Classification: K10, K14, K20, K40, K42
Suggested Citation: Suggested Citation