White Collar Crime

Is restorative justice reasonable as a response to white collar crime? Is it an appropriate response? These are articles and resources on restorative justice and white collar crime victims and perpetrators.

It's time to make the punishment fit the white-collar crime: from the Nelson Mail (NZ) editorial: ....it's not easy to maintain a clear-eyed focus on justice. Very few New Zealanders will feel that this is what happened when Blue Chip co-founder Mark Bryers entered the dock on Thursday to be sentenced on 34 charges. Most, and particularly the Blue Chip investors who have lost their nest eggs, will feel that his sentence was a perfect case of the "slap on the wrist with a wet bus ticket".
Coolstore fire inquiry in doubt: from Phil Taylor's article in New Zealand Herald: There may be no independent inquiry into the Icepak Coolstore disaster that killed fireman Derek Lovell and injured seven colleagues. But Mr Lovell's family and the injured firemen could be in line for a payment from the coolstore company, which has admitted breaching safety regulations.
Wall Street Financier Bernard Madoff sentenced to 150 years in prison: restorative justice would think of the victims first: I am often asked to give an example of how restorative justice would work in the real world. The Bernard Madoff ponzi scheme, one of the largest corporate fraud schemes in U.S. history, is a great case in point. Bernard Madoff was sentenced on June 29 to 150 years in prison leaving thousands of victims behind. What will become of them? If restorative justice were applied to Madoff case what would it look like? Complicated? Absolutely. But that should never prohibit the application of restorative justice to any crime.
Murphy, Kristina and Harris, Nathan. Shaming, Shame and Recidivism: A Test of Reintegrative Shaming Theory in the White-Collar Crime Context.: Despite the popularity of reintegrative shaming theory in the field of criminology, only a small number of studies purporting to test it have been published to date. The aim of the present study, therefore, is to provide an empirical test of Braithwaite's (1989; Braithwaite and Braithwaite 2001) theory of reintegrative shaming in the white-collar crime context. The data on which the study is based came from survey data collected from a group of 652 tax offenders. Consistent with predictions, it was found that feelings of reintegration/stigmatization experienced during an enforcement event were related to reoffending behaviour. Those taxpayers who felt that their enforcement experience had been reintegrative in nature were less likely to report having evaded their taxes two years later. Consistent with Braithwaite and Braithwaite's (2001) hypotheses, shame-related emotions were also found to partially mediate the effect of reintegration on subsequent offending behaviour. Implications for the effective regulation of white-collar offenders are discussed. (author's abstract)
Braithwaite, John. Restorative Justice for Banks Through Negative Licensing.: The most general lesson of the crime prevention literature is taken to be that repeat victimization and repeat offending are concentrated in time and space; early intervention to prevent wider inflammation of such hot spots is more effective than reactive general deterrence (as in economic models of crime). That prescription is applied to how the 2008 financial crisis might have been prevented and how the crimes of Enron and Arthur Andersen might have been tackled to ameliorate the 2001 crisis. Negative licensing based on walking the beat and kicking the tyres at financial hot spots, with reduced reliance on economic models of risk, is one remedy advocated. Then, the threat of negative licensing might be used to motivate restorative justice that transforms the ethical culture, particularly the bonus culture, of banks. (author's abstract)
Löschnig-Gspandl, Marianne. Corporations, Crime and Restorative Justice: Corporate crime is understood as being various crimes committed by corporations, which actually means committed by their representatives for the benefit of or on behalf of the corporation. These crimes include economic crime (money laundering, bribery, price fixing), misrepresentation in advertising, production and sale of unsafe products, deceptive packaging, environmental crime, and also crimes against persons including crimes causing injury or death. Corporations can also be victims. Combining elements of corporate crime with restorative justice means that one must search for methods, procedures, and strategies to react appropriately to offenses committed by legally liable corporations. These reactive measures must contain elements of restitution, and compensation or mediation. Up to now, corporate liability has not existed in the Austrian criminal justice system. The Austrian Ministry of Justice is considering the introduction of a true criminal liability because of the principle of equality as well as its necessity for effective crime prevention; and because there will be an obligation to do it by European legal instruments. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

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Most, and particularly the Blue Chip investors who have lost their nest eggs, will feel that his sentence was a perfect case of the "slap on the wrist with a wet bus ticket". Coolstore fire inquiry in doubt from Phil Taylor's article in New Zealand Herald: There may be no independent inquiry into the Icepak Coolstore disaster that killed fireman Derek Lovell and injured seven colleagues. But Mr Lovell's family and the injured firemen could be in line for a payment from the coolstore company, which has admitted breaching safety regulations. Wall Street Financier Bernard Madoff sentenced to 150 years in prison: restorative justice would think of the victims first I am often asked to give an example of how restorative justice would work in the real world. The Bernard Madoff ponzi scheme, one of the largest corporate fraud schemes in U.S. history, is a great case in point. Bernard Madoff was sentenced on June 29 to 150 years in prison leaving thousands of victims behind. What will become of them? If restorative justice were applied to Madoff case what would it look like? Complicated? Absolutely. But that should never prohibit the application of restorative justice to any crime. Murphy, Kristina and Harris, Nathan. Shaming, Shame and Recidivism: A Test of Reintegrative Shaming Theory in the White-Collar Crime Context. Despite the popularity of reintegrative shaming theory in the field of criminology, only a small number of studies purporting to test it have been published to date. The aim of the present study, therefore, is to provide an empirical test of Braithwaite's (1989; Braithwaite and Braithwaite 2001) theory of reintegrative shaming in the white-collar crime context. The data on which the study is based came from survey data collected from a group of 652 tax offenders. Consistent with predictions, it was found that feelings of reintegration/stigmatization experienced during an enforcement event were related to reoffending behaviour. Those taxpayers who felt that their enforcement experience had been reintegrative in nature were less likely to report having evaded their taxes two years later. Consistent with Braithwaite and Braithwaite's (2001) hypotheses, shame-related emotions were also found to partially mediate the effect of reintegration on subsequent offending behaviour. Implications for the effective regulation of white-collar offenders are discussed. (author's abstract) Braithwaite, John. Restorative Justice for Banks Through Negative Licensing. The most general lesson of the crime prevention literature is taken to be that repeat victimization and repeat offending are concentrated in time and space; early intervention to prevent wider inflammation of such hot spots is more effective than reactive general deterrence (as in economic models of crime). That prescription is applied to how the 2008 financial crisis might have been prevented and how the crimes of Enron and Arthur Andersen might have been tackled to ameliorate the 2001 crisis. Negative licensing based on walking the beat and kicking the tyres at financial hot spots, with reduced reliance on economic models of risk, is one remedy advocated. Then, the threat of negative licensing might be used to motivate restorative justice that transforms the ethical culture, particularly the bonus culture, of banks. (author's abstract) Löschnig-Gspandl, Marianne. Corporations, Crime and Restorative Justice Corporate crime is understood as being various crimes committed by corporations, which actually means committed by their representatives for the benefit of or on behalf of the corporation. These crimes include economic crime (money laundering, bribery, price fixing), misrepresentation in advertising, production and sale of unsafe products, deceptive packaging, environmental crime, and also crimes against persons including crimes causing injury or death. Corporations can also be victims. Combining elements of corporate crime with restorative justice means that one must search for methods, procedures, and strategies to react appropriately to offenses committed by legally liable corporations. These reactive measures must contain elements of restitution, and compensation or mediation. Up to now, corporate liability has not existed in the Austrian criminal justice system. The Austrian Ministry of Justice is considering the introduction of a true criminal liability because of the principle of equality as well as its necessity for effective crime prevention; and because there will be an obligation to do it by European legal instruments. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org. Document Actions RSS feed Send this Print this	A long-time repeat offender describes the impact of meeting with his victims.