Explaining White-Collar Crime
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Explaining White-Collar Crime

The Concept of Convenience in Financial Crime Investigations

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Explaining White-Collar Crime

The Concept of Convenience in Financial Crime Investigations

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About This Book

This book introduces 'convenience' as the key concept to explain financial crime by white-collar criminals. Based on a number of fraud examination- reports from the United States and Norway, the book documents empirical evidence of convenience among white-collar criminals. It advances our understanding of white-collar crime by drawing attention to private investigation reports by fraud examiners and financial crime specialists, who are in the growing business of fraud investigations. Reports of investigations have never before been researched in terms of white-collar criminals nor crime convenience. Reports of investigations by auditing and law firms represent a valuable empirical basis – in addition to court documents and other sources of information about financial crime. A methodical and well-researched study, this book will be of particular interest to scholars of criminological theory and law – in addition to ethics courses in business schools.

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Information

Year
2016
ISBN
9783319449869
© The Author(s) 2016
Petter GottschalkExplaining White-Collar Crime10.1007/978-3-319-44986-9_1
Begin Abstract

1. Introduction

Petter Gottschalk1 
(1)
Dept. of Leadership and Org. Behavior, BI Norwegian Business School, Oslo, Norway
 
Abstract
Convenience theory provides a set of explanations of conditions and circumstances that make financial crime an attractive option for members of the elite in situations dominated by threats and possibilities. Convenience can be found in the economical, organizational, and behavioral dimensions.
Keywords
convenience theoryfinancial crimefraud examinationreport of investigation
End Abstract
This book deals with the topic of white-collar crime and considers the role of convenience in explaining its occurrence. It puts forward convenience as a theoretical explanation that underlies existing theories and research on white-collar crime. Convenience seems present in all three dimensions of crime: economic dimension, organizational dimension, and behavioral dimension.
Based on multiple case studies of investigation reports by fraud examiners, this book explores the empirical evidence to support convenience theory. Empirical studies of fraud examination reports from both the USA and Norway illustrate the convenience perspective in white-collar crime.
White-collar crime is defined as financial crime committed by privileged people in the elite. Although the occurrence of economic crime may be frequent among people in the elite, the police and prosecution very seldom prosecute individuals of the upper class in society. Therefore, it always comes as a surprise when it happens. It was quite a surprise when Spain’s Princess Cristina had to stand trial on tax fraud charges. She is the youngest daughter of King Kuan Carlos. Princess Cristina became the first member of Spain’s royal family to be put on trial as she appeared in court with her husband (Robinson and Mezzofiore, 2016).
When the elite and other members of the upper class in society are suspected of misconduct and financial crime, private investigations are sometimes initiated. Fraud examiners are hired to confirm or disconfirm suspicions by reconstructing the past. Very often, private investigation reports are kept secret and are neither available to the police nor to the public in general (Gottschalk, 2015, 2016). However, it was possible to identify and obtain a number of investigation reports in both the USA and Norway to conduct empirical research on white-collar crime as presented in this book.
The book introduces the concept of convenience in the study of financial crime which complements, refines, and extends understanding of many popular theories in explaining white-collar crime and the various factors that contribute to it. Convenience theory is both an offense and offender-based explanation which elucidates some of the important organizational, economic, and motivational features of financial crime. Of particular significance are matters of opportunity to carry out illicit activity, and also the practical convenience of carrying out crime against the chances of being caught or discovered. Convenience theory provides a set of explanations of the subjective and objective conditions for financial crime, which is supported by data drawn from fraud examiners’ reports in Norway and the USA. The reports cover a range of organizations that have undergone investigations; while the majority are related to business organizations, they also include religious associations and other forms of administration. The data and case studies in particular help to throw light on the various ways convenience as a concept informed the decision-making and actions of well-placed individuals in organizational hierarchies to carry out white-collar crime.
This book sums up the various theories about white-collar crime and contemporary discussions around these matters, which is useful in itself before going on to outline the contribution of convenience theory as a new and novel way to understand financial crime. It attempts to do this in a very lucid, engaging, and interesting manner.
However, as pointed out by a blind reviewer of the book manuscript, the claim that convenience theory is new is potentially contentious. The key components of the theory are very similar to Marcus Felson’s problem triangle analysis in the area of crime prevention which posits the three conditions for crime as: a motivated offender, an opportunity, and the absence of a moral guardian. While the first two factors are considered in this book’s explanations and critique of conventional theories, this book makes little mention of the existence of moral guardian as a facilitator or an inhibitor for crime. This may give the impression that the omission serves to give more weight to the claims of originality of convenience theory. Therefore, it is important to emphasize the work on guardians by Felson (1994). Felson may not have used the term “convenience” explicitly in his theory on crime and crime prevention, but there is no doubt it shaped much of his thinking.
The originality of convenience theory is that it throws new light on a previously unappreciated conceptual lens of convenience in theorizing and practically understanding white-collar crime. The book addresses the following: the important areas of financial and economic crime, who carries out these offenses, and under what conditions and how we understand these activities. Equally relevant, the book explores how to detect and prevent these kinds of crime, and it should be a welcome contribution to the growing literature on these issues. The book engages with the literature, is up to date, and makes a useful contribution to scholarship in the areas related to financial crime and the teaching of these subjects.
An anonymous reviewer pointed out that the strengths of the book are its critical examination of theories around financial or white-collar crime and the section that addressed theory building. This section of the book provides a comprehensive summary which is useful for students or other types of readers.
This book applies a descriptive approach to convenience in white-collar crime by focusing on the specifics of the case studies. The descriptive approach serves the purpose of demonstrating motives, opportunities, and behaviors. Of course, white-collar crime can also be a form of inconvenience, which might be applied to the offender(s) and those around them as it may create a variety of problems. However, as long as the likelihood of detection is low and sometimes almost nonexistent, the expected inconvenience is microscopically small.
The samples of fraud examination reports from the USA and Norway represent nonprobability purposive sampling. They do not represent the pool of private investigations in the two countries. It is certainly a challenge trying to assess retrospective evidence for a small number of cases that do get investigated and then are accessible. The reader should apply critical skepticism throughout the work in an effort not only to consider that convenience theory may be a useful explanatory concept but also to consider rival explanations and possibilities.
Terms such as financial crime, white-collar crime, and corporate crime occur frequently throughout the book. They do not mean the same. Financial crime is the broader term. It is narrowed down by white-collar crime, which means financial crime by individuals in the elite. It is further narrowed down by corporate crime, which means financial crime by individuals in the elite to benefit the organization.
References
Felson, M. (1994). Crime and Everyday Life: Insight and Implications for Society, Thousand Oaks, CA: Pine Forge Press.
Gottschalk, P. (2015). Fraud Examiners in White-Collar Crime Investigations, Boca Raton, FL: CRC Press, Taylor & Francis Publishing.
Gottschalk, P. (2016). Understanding White-Collar Crime. A Convenience Perspective, Boca Raton, FL: CRC Press, Taylor & Francis Publishing.
Robinson, J. and Mezzofiore, G. (2016). Princess Cristina becomes first member of Spain’s royal family to be put on trial as she appears in court with her husband to demand tax fraud charges against her are thrown out, Daily Mail, www.​dailymail.​co.​uk, published January 11.
© The Author(s) 2016
Petter GottschalkExplaining White-Collar Crime10.1007/978-3-319-44986-9_2
Begin Abstract

2. Convenience Theory

Petter Gottschalk1
(1)
Dept. of Leadership and Org. Behavior, BI Norwegian Business School, Oslo, Norway
Abstract
A number of theories from criminology, management, sociology, psychology, and organizational behavior have been introduced to explain occurrences of white-collar crime. In this chapter, such theories are integrated into a main theory of convenience. In convenience theory, previous theories are organized into three dimensions: economical motive, organizational opportunity, and deviant behavior. Convenience can be found in all three dimensions when white-collar crime occurs.
Keywords
economical convenienceorganizational conveniencebehavioral convenienceconvenience theory
End Abstract

Introduction

Ever since Sutherland (1940) coined the term “white-collar crime,” a number of theoretical approaches have been introduced to explain the phenomenon. Sutherland (1983) himself emphasizes differential association theory, where criminal behavior is learned in association with those who define such criminal behavior favorably and in isolation from those who define it unfavorably. Piquero and Benson (2004) as well as Benson and Simpson (2015) emphasize opportunity as the main factor for white-collar crime. Coleman (1987) suggests an integrated theory of white-collar crime claiming that criminal behavior results from the confluence of appropriate motivation and opportunity. Sutherland (1983, p. 2) originally defined a white-collar crime as “a crime committed by a person of respectability and high social status in the course of his occupation.”
According to Koppen et al. (2010), crime is often described as a behavior that involves the pursuit of immediate pleasure. Sometimes white-collar crime requires little in the way of effort, planning, and preparation, and also hardly requires any specific skills or contacts. It only requires legal access to resources that enable criminal acts. Even when white-collar crime requires substantial effort, planning and preparation, it may still be attractive, as alternatives are less attractive or not available at all.
Ever since Sutherland (1940) coined the term “white-collar crime,” there has been a debate on who to include in and who to exclude from this category of criminals. For example, Brightman (2009) argues that personal computers and the Internet allow individuals from all social classes to buy and sell stocks and engage in similar activities that were once the bastion of the financial elite. Benson and Simpson (2015) find this insufficient as an argument to include virtually any nonviolent act committed for financial gain regardless of one’s social status into the term “white-collar crime,” since the definition of white-collar criminal involves a breach of trust. Since scholars tend to disagree, white-collar crime seems to be in need of additional theory.
Scholars seem to agree that while circumstances have changed over the years, the definition of a white-collar crime has to be both offense-based and offender-based. The offense-based perspective is concerned with financial crime for economic gain. The offender-based perspective is concerned with the role, profession, and position enabling the offender to commit crime (Gottschalk and Rundmo, 2014).
The concept of convenience is introduced to examine white-collar crime by creating convenience theory as an umbrella term for a number of well-established theories when applied to white-collar crime. Therefore, convenience theory is not a new theory as such but rather a new perspective integrating a number of existing theories. It can help to unify a number of different theories and can play the role of a general theory of white-collar crime. Identifying convenience construct’s qualities require engaging with a number of other theories and approaches.

The Concept of Convenience in Crime

Extracting the concept from marketing theory (Farquhar and Rowley, 2009), convenience in white-collar crime relates to savings in time and effort by privileged and trusted individuals to reach a goal. Convenience is here an attribute of an illegal action. Convenience comes at a potential cost to the offender in terms of the likelihood of detection and future punishment. In other words, reducing time and effort now entails a greater potential for future cost. “Paying for convenience” is a way of phrasing this proposition.
Convenience is the perceived savings in time and eff...

Table of contents

  1. Cover
  2. Frontmatter
  3. 1. Introduction
  4. 2. Convenience Theory
  5. 3. Reports of Investigations
  6. 4. Economical Convenience
  7. 5. Organizational Convenience
  8. 6. Behavioral Convenience
  9. 7. The Case of SkjervĂžy in Norway
  10. 8. Conclusion
  11. Backmatter