Attorney had no basis upon which to rest her certification of substantiality and materiality. It can of course be reasoned that Metter did not want the government to seize the materials. In examining the facts of this case, there will be readers who will fall on both sides of the argument. Was it ethically right for the government to hold onto the seized materials in spite of their faults? Yes, because they were seized; no, because they should have been on the case immediately checking into all facts and evidence.
The background of the case does disclose such a venture by the government but denotes that the government did somehow let the seized materials slip by them in their forensic analysis. This allowed an opening for Metter to file a motion with the district court and he should have.
Even though Metter had been indicted on fraud, there was still reason for the district court to uphold his motion initially to suppress the seized materials. There was substantial basis because of the government's failed attempt to show extensive proof of fraud with the other pieces that were anecdotal. One of the most interesting facets of white collar crime is " that prosecutors have enormous discretion in deciding whether to bring a criminal case and in deciding what charges to bring if they do decide to indict.
As white collar statutes are so broad and vague, the task in defining the particular crime falls in the first instance to prosecutors and in turn, the courts" Strader, With white collar crime being so vague and generic in its presentation across the legal system, it is striking that the government was not better prepared to handle a potential appeal by Metter to get the seized materials suppressed.
As a result of the appeal by the government, the seized materials intended for visual arguments in the case were allowed entry into the case against him. Was this fair and reasonable for an appeal to be granted? It was reasonable, perhaps; but not necessarily fair.
The district court upheld the appeal by the government based on several documented cases where similar areas of mishap had occurred and evidence was still allowed to be used against the defendant.
Argumentation towards this viewpoint of the court being in favor of the government is an obvious one being that government will always side with government.
It becomes a rather every man for himself model. The ethics are not considered in that argument. If argumentation were being provided on behalf of Metter, there were serious ethical violations with the seized materials because the government did not do their due diligence to find the needed evidence against him. The case, US v. Metter, is a perfect example of the extent that the law can use against someone who involves themselves in a white collar crime.
While the scope of these types of crimes is extremely broad, that does not stop the laws from being enforced when backed up with other cases where statutes have been more narrow and precise. Understanding White Collar Crime [Publication]. Set for the practising lawyers, the very nature of their profession involves the spirit of combat and necessitates them to resort to concealment or misrepresentation of facts, which, if detected entail severe punishment.
The members of privileged class or high social status have a tendency to furnish, false and fabricated accounts of their income of property to avoid payment of heavy taxes or to claim tax-exemptions. White collar criminality is also rampant in insurance business where both the insured as well as the insured make considerable profit by making false and fabricated claims. Instances are not wanting where intentional house burning, automobile destruction and even murders are planned by the persons of respectable community for the sake of making good fortunes for themselves.
Other areas of white collar crime are malpractices in the medical or engineering profession, adulteration of food and drugs, hoarding, black marketing monopoly and breach of trust etc. It must be noted that Sutherland limits the concept of white collar crime only to those unlawful activities by persons of prestigious group which they undertake for financial gains in course of their legitimate business or occupation and the crime committed by these persons for other purpose do not fall within this category.
No distinction in terms of social status, occupational activity, attitude or gravity of consequences can separate white collar crimes from those of traditional crimes. The only distinguishing feature of this type of crime is the temptation for considerable material gain with little or no loss of status. This gain gives a misleading impression that the executive and judicial authorities who are concerned with the prevention of crime react favourable to the upper and middle class society and dispose of white collar criminals with mere censures or admonition white other criminal are subjected to severe penal sanctions under the law without being given any pre-warning.
Street crimes on the other hand, are criminal offences that occur in public places and perpetrated for quick financial gain. In both situations, the underlying cause for perpetrating criminal activities is financial gain although the means of erring against the law may vary.
According to the FBI, in white collar crimes perpetrators make use of deceit, concealment and violation of trust to accomplish the crime while perpetrators of street crime employ violence, threats and the inspiration of fear for financial gain.
Statistics from the Federal Bureau of Prisons show that only 0. Further analysis of the United States Sentencing Commission USSC guidelines show a pattern of less severe sentencing pattern for white collar crimes, namely perpetrators of financial fraud such as insider trading simply receiving fines, community service or in more severe cases suspended jail time. In contrast, perpetrators of non-violent street crimes do not evade prison and are pushed to serve a prison sentence.
Jet Rakoff, a federal senior judge of Southern New York were Wall Street crimes had occurred, termed the Federal sentencing guides as too simplistic, leading to no incarceration of high-level executives charged with corporate crime. Various reasons have been given for these sentencing disparities and they include: In terms of non-violence, the widely accepted belief that corporate crime is non-violent has been disproven due to the high number of suicides and work related accidents that occur as a byproduct of financial recklessness and the USSC guidelines has finally taken this into consideration.
The media has been accused of hypocrisy in its coverage of corporate crime on the diverse channels of news dispersion platforms available to them. This is in part due to securing their best interest, for most news outlets are owned or part-owned by big corporations. Encouragingly, steps have been taken to ensure that perpetrators of white collar crimes pay for their actions as can be seen from the USSC guidelines which encourage increased sentences for individuals involved in cases of large scale fraud.
Oct 26, · WHITE-COLLAR CRIME essay The term “white-collar crime” was first used by criminologist Edwin Sutherland back in for the various nonviolent crimes usually committed in commercial areas for financial gain (McNISH, ).5/5(1).
In the next sections, legal aspect of white collar crimes will be the focus. The next section discusses the types of white collar crimes such as anti-trust violations, frauds, tax evasion, public corruption and others. Types of White Collar Crimes. Since white- collar crimes are non-violent, it takes many other forms.
- This essay discusses Sutherland’s concept of white collar crime in the light of whether it is still appropriate in the 21st century. It is worth noting that white collar crime is often . White-Collar Crime: The Different Methods and Significance. According to Coleman (), white-collar crime is caused by an integration of various factors: motivation to commit the crime, the presence of opportunity, and the removal of ethical beliefs that restrain criminal behavior.
definition of white collar and white collar crime * Various types of white collar crime B. Thesis statement: There are 3 causes of white collar and 5 way to combat with white . These controversial topics for research paper will push you to choose a good title for your work. Get a good white collar crime topic for a research paper.