After Enron: Will 'Whiter than White Collar Crime' Still Wash?

Abstract

In thinking about white collar crime it is not just crime that becomes problematic but compliance, particularly the practice of 'creative compliance'. This article asks: in the post-Enron era, can creative compliance by business still claim to be 'whiter than white collar crime'? It analyses the Enron prosecutions and the implications of the state's choice of enforcement strategy, before going on to look at the wider impact of Enron, at the emergence of a concern with corporate culture, business and professional ethics, and at new approaches to regulation and enforcement. It suggests that while the state's enforcement strategy and the showcase Enron trials may represent a missed opportunity by failing to pose a direct legal challenge to creative compliance, Enron has also sparked off some wider reactions which do challenge the legitimacy of the creative compliance mindset.