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the violence of white collar crime

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Re: the violence of white collar crime

Postby admin » Fri Jan 30, 2009 11:36 am

ECONOMY IN CRISIS: FAMILICIDE
When a family's financial despair turns deadly
As the economic downturn deepens, some individuals are resorting to murder-suicide to escape job loss, foreclosure and bankruptcy
JESSICA LEEDER GLOBE AND MAIL PAGE A3
January 30, 2009
It is a grim indicator of the depth of despair the economic downturn has wrought: a rare spate of murder-suicides in which entire families have been killed by desperate parents suffocating beneath hopelessness and debt.

This week alone, the United States witnessed the gruesome demise of two more households in which an executive decision was made to give up on fighting against the depressing cycle of foreclosures, bankruptcies, evictions and layoffs.

In suburban Ohio, a 51-year-old father with employment struggles shot to death his wife and two young children before turning the gun on himself.

In California, a pair of middle-class medical technicians, already behind on their house payments, were fired from their jobs for allegedly low-balling their income to qualify for cheaper child care. On Tuesday, the husband killed his two sets of twins, a fifth child and his wife before faxing a letter to a TV station linking his job loss to the killing rampage, then taking his own life.

Two similar cases over the past three months in California have been attributed to job losses and financial stress.

Canada has not been exempt.

On New Year's Day, a couple in Chicoutimi, Que., struggling with bankruptcy, joblessness and bleak financial prospects, allegedly plotted a family suicide that left the 46-year-old father, and three children, ages 12, 7 and 4, dead. The mother, 34-year-old Cathy Gauthier-Lachance survived; she is charged with three counts of first-degree murder and assisting the suicide of her husband.

In Toronto, a father under pressure to meet increasing health-care bills for two ailing kin snapped in November, a day after a steep stock market drop. He killed himself, his wife and two grown children.

While researchers have long pointed to a connection between financial hardship and the onset of mental disorders, mental health experts are concerned that a new trend in extreme familicide - in which entire families sometimes lose their lives - may be emerging, with strong ties to the economic meltdown.

"When we look back at the end of 2009, I would be surprised if we did not see an increase. All the fundamentals are there," said John Bradford, associate chief of forensic psychiatry with the Royal Ottawa Health Care Group and a professor of psychiatry and criminology at the University of Ottawa and Queen's University.

By fundamentals, Dr. Bradford means "the bleak economic news, people losing their jobs, losing their homes, having nothing to look forward to."

The feelings of failure, insecurity, guilt and shame that accompany the items on that list often lead to stress, which in turn leads to depression, even in people with no history of mental disorder. For some people, Dr. Bradford said, financial pressures can transform depression into a form of desperation that can lead to suicide.

However, only among a rare few do suicidal thoughts morph into the nihilistic delusion, that an entire family should be killed.

"You basically have this delusional idea that somehow the world is coming to an end, there is great suffering, there is nothing we can do about it," said David Bloom, director of psychotic disorders at Montreal's Douglas Mental Health University Institute. "The best thing to do is leave the world and take those you love the most with you to avoid further suffering on their part."

Dr. Bloom said that males more often exhibit the nihilistic delusions that push them over the psychotic edge, although rarely are the murders committed out of anger. "It's a hopelessness," he said. "I have no more means with which to fight this problem. The only solution is suicide. They wouldn't even see it as murder. They would take it as 'I'm saving them from a terrible thing.' "

As for what triggers "the switch" that enables psychotic behaviour, that is more difficult to pinpoint. The key problem is that in most cases, the only people who know the answer are dead.

Typically though, psychotic episodes are instigated by "some cataclysmic change in personal circumstances," said Scott Weich, a professor of psychiatry at Warwick Medical School in Britain. In a study of 7,726 subjects, Dr. Weich found financial strain to be a major cause of the onset of mental illness, which he said can affect people at any income level.

"Across the population, I think we can expect to see an increase in rates of mental illness as people's financial circumstances are worsening," he said. "It's inevitable."

In communities in Southern Ontario where layoffs are pending as a result of plant closings, including in small-town Listowel, where a Campbell's Soup factory is closing after 50 years, human-resources departments have beefed up access to stress councillors and group therapy to help employees deal with the despair.

"The priority is ... supporting each other through a difficult time," said Jacki Nelson, a spokeswoman for Campbell's.

***

By their own hand

Tales of traders tossing themselves in droves from office towers during the Black Monday market crash of 1929 have largely been proven to be an urban myth, but a number of people in the upper echelons of the business world have turned to suicide during the current financial crisis.

Adolf Merckle: The German industrialist was the 94th richest person in the world in 2008, with a net worth of about $9.2-billion (U.S.). But his investment decisions concerning Volkswagen shares pushed his business empire to the brink of disaster, and he jumped in front of a train this month at age 74.

Steven Good: The Chicago real-estate executive shot himself in the head while sitting in his Jaguar earlier this month. He'd worried publicly over the challenging market.

Kirk Stephenson: The 47-year-old chief operating officer at a London private-equity firm threw himself in front of a train in September. Colleagues speculated that market troubles contributed to his decision to end his life.

René-Thierry Magon de la Villehuchet: The French aristocrat slashed his wrists after he lost more than $1-billion of his clients' money, including much, if not all, of his own family's fortune, in Bernard Madoff's $50-billion (U.S.) alleged Ponzi scheme.

Marcus Schrenker: Medical personnel saved the Indiana money manager after he was found this month with his wrists slit in a Florida campground. He had tried to fake his death by parachuting out of a plane and fleeing on a motorcycle.

Barry Fox: The former analyst at Bear Stearns threw himself out of the window of his 29th-storey New Jersey apartment in May after being told he was one of several thousand people who would be out of work as the company collapsed.

Eric Von der Porten: The managing partner at Leeward Investments, a small hedge fund in Northern California, suffocated himself in December after suffering market losses.

Bruce J. Colburn: The newly unemployed business executive from Pennsylvania went to Glacier National Park in Montana and shot himself in the chest.

Sources: NYT, Guardian, AP, Reuters, AFP
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Re: the violence of white collar crime

Postby admin » Sat Jan 17, 2009 9:50 pm

http://assetbuilder.com/blogs/scott_bur ... adoff.aspx
Scott Burns' Articles -- Recent and ArchivedMeasuring Madoff
By Scott Burns
Media accounts immediately labeled the disappearance of $50 billion, masterminded by Bernard Madoff, as "the largest fraud in history." It is a greater wealth loss than having a household name company -- such as Walt Disney, Anheuser-Busch or Boeing -- vanish without a trace.

The loss is mind-boggling. But the figure does nothing to convey the damage this man has done.

One way to measure the extent of the damage is to compare the $50 billion to measures of loss in the FBI's Uniform Crime Reports. In 2007 there were 9.8 million crimes against property in the United States. This included about 2.2 million burglaries, 6.6 million larceny-thefts and 1.1 million car thefts.

I think you'll agree that 9.8 million crimes represent a veritable army of miscreants. In spite of that, our total losses to property crimes in 2007 were a mere $17.6 billion. To be sure, it didn't feel "mere" if you suffered a burglary. The average loss was $1,991. Nor was it "mere" if you were one of the 6.6 million people who suffered a larceny-theft. In those, the average loss was $886.

But when you add all the losses in 9.8 million common property crimes, it's just a fraction of the estimated $50 billion loss attributed to Bernard Madoff.

Perhaps 2007 was an "off" year for theft?

Well, there was a slight decline in the number of crimes, but not in the amount lost. In 2006 the report shows nearly 10 million crimes against property and losses of another $17.6 billion. Similarly, the 2005 report shows nearly 10.2 million crimes against property and a total loss of $16.5 billion.

Add the three years and you get $51.7 billion. Using that value, Bernard Madoff has caused losses equal to all the losses caused by all the conventional thieves in America for nearly three full years.

We get a different perspective by reading the annual report of the Securities and Exchange Commission. That's the federal agency charged with protecting investors. In the listing of "enforcement milestones," the 2008 report proudly notes that it had "obtained orders in SEC judicial and administrative proceedings requiring securities violators to disgorge illegal profits of approximately $774 million and to pay penalties of approximately $256 million."

In other words, the total recovery of the entire agency, in a full year, was about 2 percent of what Bernard Madoff -- the guy they didn't notice -- made disappear.

This leaves us with two really big questions.

First: What can be done to keep America from becoming a Coffee Can Economy?

I'm serious. Right now all we know is that nothing is trustworthy. Not our political leaders. Not our business leaders. Not the government or private institutions that are supposed to provide oversight and evaluation.

Can anyone, from any of these institutions, give us any reason not to keep what savings we have buried in a coffee can rather than entrusted to the institutions that have destroyed the most fundamental element of commerce -- trust?

The answer is a flat "No."

Second: In the matter of Bernard Madoff, how can the punishment possibly be fit to the crime?

To me, this begs for a punishment that is both cruel and unusual.

Does life without parole in a gentleman's federal prison cut it? I don't think so. Does life without parole in a facility devoted to violent petty criminals sound better? Yes, but the improvement is slight.

In medieval times a man who committed murder or treason could be declared an outlaw. This literally meant he was outside the law, no longer protected by the laws of his society. His property was forfeit. No one was allowed to provide him with food, shelter or aid. And anyone who found him could kill him.

When you look at the damage done, this wouldn't be a cruel or unusual punishment. It fits the crime. It's what we need for white collar financial criminals.

If you think I'm in a rage about this, you're right.

But I bet you are too.

http://assetbuilder.com/blogs/scott_bur ... adoff.aspx
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Re: the violence of white collar crime

Postby admin » Sat Jan 17, 2009 9:49 pm

Bernard Madoff and the Full-Time Equivalent of Murder
By Scott Burns
Roy Bean, the famous “hanging judge” of Texas, would be disappointed.

Most of the 3,000 readers who wrote in response to my recent column said that hanging is too good for Bernard Madoff. The same column asked readers to suggest the appropriate punishment for a crime so large.

Madoff is the alleged mastermind of a $50 billion fraud, a Ponzi scheme that left thousands of investors and many charitable foundations penniless. The dollar value of the crime is equal to three full years of all crimes against property in America--- every larceny, burglary, and auto theft. That’s about 30 million common crimes.

It boggles the mind.

Here is what I’ve been able to distill from the 3,000 reader notes.

We’re mad as hell and we’re not going to take it anymore. I simply can’t print some of the suggested punishments. They are too violent. Imprisonment at Guantanamo or Abu Ghraib was mentioned frequently.

I believe we’re at the beginning of something as powerful as the civil rights movement or the protests against the Vietnam War. The difference is that this public anger is far broader. Unlike the civil rights movement or protests against the war in Vietnam, this anger is harder to funnel into programmatic goals or civil action.

But Bernard Madoff is the $50 billion last straw. Hundreds of readers made leaps of association to corporate white collar crimes, such as Enron and WorldCom. Or to colossal institutional influence such as that wielded by Fannie Mae and Freddie Mac. Or to anger against executives being rewarded with multimillion-dollar payments even as their firms collapsed. Or to political ineptitude and corruption. Several politicians were mentioned more than once. Congressman Barney Frank may be the next Dan Rostenkowski. ( Former Congressman Rostenkowski, head of the powerful Ways and Means Committee, was surrounded, heckled and nearly attacked by outraged senior citizens in 1989.)

Many readers made the leap from a criminal Ponzi scheme to the equivalent by government. Reader B.E. suggested that Congress easily topped the $50 billion fraud, and did it annually, by putting IOUs in the Social Security Trust fund and spending the surplus employment tax receipts.

Enforced poverty may be the new punishment. Few readers felt that conventional white collar imprisonment was appropriate for a crime this large. One pointed out that Jeffrey Skilling’s sentence for Enron was nothing compared to the damage done to thousands of workers’ lives. People are looking for something tougher and more visceral.

Many suggested that Mr. Madoff and every member of his family be stripped of all wealth. Beyond that, many suggested that Mr. Madoff be forced to live with, and serve, the poorest people in our society. Reader L.B., for instance, wrote that white collar criminals should be forced to learn what real poverty means. She suggested cleaning toilets at a homeless shelter, for life.

We may soon have a financial “equivalency” for murder. People feel it isn’t right that a man can get 5 or 10 years in prison for robbing a 7-Eleven when a white collar crime can be more devastating to more people, but get a lighter sentence. As reader G.C. wrote: “You can kill someone in one of three ways: physically, emotionally or financially. But only one is punishable by death.”

We’ll be a long time figuring out the equivalences, of course, but if employers can talk in terms of “full-time equivalents” for jobs, it isn’t far-fetched to imagine that modern white collar crime may soon be seen as a new form of mass murder.

Some readers will think this is an extreme statement, so let me explain. The highest figure I could find for the value of a human life was the amounts paid out to families that suffered a loss from the 9/11 terrorist attacks. According to a 2004 study by the RAND Corp., the compensation for the average victim was $3.1 million. This is a very large multiple of more common exercises attempting to estimate the value of a human life. Yet even using this gigantic figure, the $50 billion fraud is the financial equivalent of destroying 16,100 lives.

Personally, I’m not a fan of the death penalty. As I wrote a few years ago, I think we need to buy Devil’s Island from the French and let our big cons try to survive in an island society of their own making.
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Postby admin » Wed Nov 26, 2008 2:56 pm

"All workplace bullying is institutionalized abuse,"

www.bullyinginstitute.org
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Postby admin » Sat Nov 15, 2008 12:30 pm

I look at the following article as a sad indicator of things to come perhaps, and another indicator of the unique violence of white collar crime. What are the results when sick white collar people ruin our economy while trying to put as much money as possible in their pockets?
Japan's markets and economy has been in trouble since it crashed nearly two decades ago, after experiencing a boom similar to ours.

see below:

Poverty, Pension Fears Drive Japan's Elderly Citizens to Crime
By Stuart Biggs and Sachiko Sakamaki

Nov. 14 (Bloomberg) -- More senior citizens are picking pockets and shoplifting in Japan to cope with cuts in government welfare spending and rising health-care costs in a fast-ageing society.

Criminal offences by people 65 or older doubled to 48,605 in the five years to 2008, the most since police began compiling national statistics in 1978, a Ministry of Justice report said.

Theft is the most common crime of senior citizens, many of whom face declining health, low incomes and a sense of isolation, the report said. Elderly crime may increase in parallel with poverty rates as Japan enters another recession and the budget deficit makes it harder for the government to provide a safety net for people on the fringes of society.

``The elderly are turning to shoplifting as an increasing number of them lack assets and children to depend on,'' Masahiro Yamada, a sociology professor at Chuo University in Tokyo and an author of books on income disparity in Japan, said in an interview yesterday. ``We won't see the decline of elderly crimes as long as the income gap continues to rise.''

Crime rates among the elderly are rising as the overall rate for Japan has fallen for five consecutive years after peaking in 2002. Over 60s accounted for 18.9 percent of all crimes last year compared with 3.1 percent in 1978, with shoplifting accounting for 80 percent of the total, the report said.

The trend has captivated Japan's media, which include regular accounts of the latest thief or pickpocket as well as undercover footage of people shoplifting food in convenience stores and supermarkets.

Slashing

Coverage intensified after a 79-year-old woman slashed two women with a knife near a Tokyo railway station in August. She wanted police to take care of her after she ran away from a shelter for the homeless, Kyodo English News reported at the time.

``Elderly crime is a serious problem that our society must shoulder in the years to come,'' the government report said. ``With baby boomers becoming elderly within five years, we have reached a state where we must make a fundamental review of anti- crime measures in a fast-ageing society.''

About a fifth of Japanese are 65 or older, almost twice the proportion in the U.S. and three times China's rate. That figure will double to more than 40 percent by 2050, according to the National Institute of Population and Social Security Research. There will be twice as many elderly Japanese as there are children within five years.

Anxiety

The government aims to cut 220 billion yen ($2.3 billion) from social welfare spending in each of the five years starting 2006 as it seeks to balance the budget by 2011. As part of this plan, the government introduced a new health insurance system that would raise premiums for some elderly patients.

The initiative has stirred anxiety about pensions and health care, and Japan's economic situation is doing little to help.

Industrial production tumbled for a third quarter in September as retail sales dropped for the first time in 14 months and household spending fell for a seventh month. Japan's economy is at risk of deteriorating further as the global financial turmoil slows growth worldwide, Bank of Japan board member Seiji Nakamura said yesterday.

The number of households on welfare reached 1.1 million last year, an increase of 300,000 since 2001, according to the latest figures from the Ministry of Health, Labor and Welfare.

Japan ranks behind the U.S. at fourth-worst among 30 developed countries in terms of the number of people living on less than half the country's median income, according to a report by the Organization for Economic Cooperation and Development last month.

``Some elderly, particularly men who lost their wives, even turn to crimes to be put in jail so they can be fed three times a day,'' Yamada said.

Still, Japan's weakening economy is not the only cause of elderly crime, Yamada said. The current generation of seniors grew up in the confusion of the aftermath of World War II, when crime rates in Japan were at their highest, he said.

``They don't feel guilty because they were the generation who recorded the highest youth crime rates when they were young.''

To contact the reporters on this story: Stuart Biggs in Tokyo at sbiggs3@bloomberg.net; Sachiko Sakamaki in Tokyo at ssakamaki1@bloomberg.net.

Last Updated: November 13, 2008 21:02 EST
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Postby admin » Thu Nov 13, 2008 7:27 pm

Beyond books like, THE LUCIFER EFFECT, MAKING A KILLING, THE SOCIOPATH NEXT DOOR, SNAKES IN SUITS I am finding a fascinating social studies experiment in how and why good people do evil things and why good people stand by and allow it to happen.

Here is another slant:

From THE SOCIOPATH NEXT DOOR, by Martha Stout, PHd, we learn that approximately 4% of the overall population carries an invisible and secret advantage over the rest of us. The sickness of being a sociopath, whereby they have no social limitations on their behavior, no anxiety whatsoever about doing tremendous damage to fellow humans for their own benefit. That is one in twenty five persons you meet each day.

Within my financial service industry, I estimated (in the retail sales, or brokerage industry) that the number rose to over ten percent, because of the attraction of the money buiness to sociopaths.

That meant, that in my experience, one in every ten persons carried this trait. Remember that this is a mostly invisible weapon that they have, whilst maintaining an outward appearance of the nicest, most charming persons you have ever met.

So imagine these people, willing to do anything to anyone, rising to the top of some organizations. (I came from a bank with 60,000 employees, and if the idea of 2400 to 6000 sociopaths in one company does not scare you, nothing will)

These individuals naturally rise to the top. Or should I say deviously?

Now you have 10% of the workforce giving instructions that the other 90% follow. Do they?

Stanly Milgram did some famous electrical shock experiments at Yale in the 1960's. In these he had subjects admnister phony electrical shocks (which they did not know were phony) to people in a memory test. It was shown by the Milgram experiments that 66% of us (yes, you) will blindly follow authority, when it appears that the decisions come from above them. It seems they can (we can) absolve ourselves by saying, "we were only following orders". Anyone else remember Nazi war crimes?

So now we have 10% sociopaths running the show for personal gain, assisted by 66% of the workforce who will pretty much do and say whatever they are told. 76% offside before we go deeper.

Put a number on how many employees simply do not care. About anything. Too old, too jaded, too beat up, whatever, they just could not care less. You know who I am talking about. I put that number at 10% because it is easier for me to add.

Then put a number on those persons who do not know any better, like the rookie you hired last week, or the cute little 20 year old junior assistant, trying to find the coffee room. How many years will it be before that person knows enough to even know what they do not know.

Now we are up to 96% of a possible organization that might be none the wiser, or none the carer, if the organization were hurting or even killing others.

Pick a number of addicted, drug or alcohol (or other) dependant employees who might never realize what is going on.

That leaves a very small number of misfits, non-team players, original thinkers, rabble rousers, grumblers, malcontents, whatever, to be the conscience of some organizations. You also know who you are.

You might be the heros that save the world. These numbers are hypothetical of course. Not scientific. They start out scientific and they they turn into my own thinking, which I have noticed can be a little off from time to time.

But plug in your own estimates, and it still becomes scary because of the first two categories. The number of sociopaths (or psychopaths, you pick em) plus the Stanley Milgram percentages from Yale. They go along way (for me) in explaining every form of institutionalized crime I have ever tried to understand, and they pretty well tell me everything I need to know about the current financial crisis.
Last edited by admin on Wed Nov 26, 2008 2:44 pm, edited 1 time in total.
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What is Institutionalized Crime?

Postby admin » Wed Nov 12, 2008 8:38 pm

Some random thoughts on he new (new to me) topic of institutionalized crime. (could also simply be institutionalized bullying, or institutionalized abuse)
What in the world is institutionalized crime and why should I care?

It is a government telling you that you are going to war over weapons of mass destruction.
It cannot be policed.

It is the Nazi party and what they eventually did to fellow humans.
It sometimes cannot be stopped.

It is a chemical company polluting rivers and streams with chemical waste.
It is difficult to prosecute.

It is pharmaceutical companies selling and promoting drugs that they hide the negative effects of.
Its victims may never be made whole.

It is the Ford employees who knew and supported makrketing of an exploding Pinto, knowing the legal costs would be cheaper than the cost of production changes.

It is your banker or investment dealer saying "trust me", while they abuse that trust to line their pockets.
You may never learn or even understand the abuse.

It is the "___________ association" (insert investment dealers, legal, medical, police, whatever) who you approach for help when you have been abused, and they side with their members, and protect their members, even when they know that wrongs or crimes were involved. (This way you get abused twice. Once by the original crime, and a second time by the "association" designed to protect its members and not the public.)

It is the RCMP, FBI, or whichever agency you choose, crossing over the line on terrorism, tourture, political activities, money laundering of Adscam funds, etc.
We have no recourse against this.

It is the Catholic Church abusing, and then hiding their knowledge of the abuse.

It is everywhere. Your city hall. The local airport authority. The corporations you deal with every day. It is too big to stop, to complicated to police, and damages peoples lives.


Institutionalized crime can be committed by any agency, government, corporation, church, or institution, and because of the size, strength and power of the organization, they usually get away with it. Also assisting this free license to hurt or steal is a justice system that does not recognize, understand or prosecute such high level institutions.

At it's lowest level, it may just involve, abuse, bullying, threats, intimidation, harassement at work or elsewhere. At it's worst it is criminal and involves life and death.

I imagine that by putting this name to it, I have not invented anything new or that was unknown before, but hey, I feel better to finally understand why some of the things that happen in our world, happen without recourse.

If you doubt this theory of institutionalized crime, please read and digest the book, "The Lucifer Effect: Understanding How Good People Turn Evil" by Philip Zimbardo.
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Postby admin » Wed Nov 12, 2008 4:51 pm

http://www.alternet.org/story/54093/?page=entire
Twenty Things You Should Know About Corporate Crime
By Russell Mokhiber, AlterNet. Posted June 16, 2007.

Did you know that corporate crime inflicts far more damage on society than all street crime combined? This and 19 more amazing facts about the state of corporations in America. Tools
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The following is text from a speech delivered by Russell Mokhiber, editor of Corporate Crime Reporter to the Taming the Giant Corporation conference in Washington, D.C., June 9, 2007.

20. Corporate crime inflicts far more damage on society than all street crime combined.

Whether in bodies or injuries or dollars lost, corporate crime and violence wins by a landslide.

The FBI estimates, for example, that burglary and robbery -- street crimes -- costs the nation $3.8 billion a year.

The losses from a handful of major corporate frauds -- Tyco, Adelphia, Worldcom, Enron -- swamp the losses from all street robberies and burglaries combined.

Health care fraud alone costs Americans $100 billion to $400 billion a year.

The savings and loan fraud -- which former Attorney General Dick Thornburgh called "the biggest white collar swindle in history" -- cost us anywhere from $300 billion to $500 billion.

And then you have your lesser frauds: auto repair fraud, $40 billion a year, securities fraud, $15 billion a year -- and on down the list.

19. Corporate crime is often violent crime.

Recite this list of corporate frauds and people will immediately say to you: but you can’t compare street crime and corporate crime -- corporate crime is not violent crime.

Not true.

Corporate crime is often violent crime.

The FBI estimates that, 16,000 Americans are murdered every year.

Compare this to the 56,000 Americans who die every year on the job or from occupational diseases such as black lung and asbestosis and the tens of thousands of other Americans who fall victim to the silent violence of pollution, contaminated foods, hazardous consumer products, and hospital malpractice.

These deaths are often the result of criminal recklessness. Yet, they are rarely prosecuted as homicides or as criminal violations of federal laws.

18. Corporate criminals are the only criminal class in the United States that have the power to define the laws under which they live.

The mafia, no.

The gangstas, no.

The street thugs, no.

But the corporate criminal lobby, yes. They have marinated Washington -- from the White House to the Congress to K Street -- with their largesse. And out the other end come the laws they can live with. They still violate their own rules with impunity. But they make sure the laws are kept within reasonable bounds.

Exhibit A -- the automobile industry.

Over the past 30 years, the industry has worked its will on Congress to block legislation that would impose criminal sanctions on knowing and willful violations of the federal auto safety laws. Today, with very narrow exceptions, if an auto company is caught violating the law, only a civil fine is imposed.

17. Corporate crime is underprosecuted by a factor of say -- 100. And the flip side of that -- corporate crime prosecutors are underfunded by a factor of say -- 100.

Big companies that are criminally prosecuted represent only the tip of a very large iceberg of corporate wrongdoing.

For every company convicted of health care fraud, there are hundreds of others who get away with ripping off Medicare and Medicaid, or face only mild slap-on-the-wrist fines and civil penalties when caught.

For every company convicted of polluting the nation’s waterways, there are many others who are not prosecuted because their corporate defense lawyers are able to offer up a low-level employee to go to jail in exchange for a promise from prosecutors not to touch the company or high-level executives.

For every corporation convicted of bribery or of giving money directly to a public official in violation of federal law, there are thousands who give money legally through political action committees to candidates and political parties. They profit from a system that effectively has legalized bribery.

For every corporation convicted of selling illegal pesticides, there are hundreds more who are not prosecuted because their lobbyists have worked their way in Washington to ensure that dangerous pesticides remain legal.

For every corporation convicted of reckless homicide in the death of a worker, there are hundreds of others that don’t even get investigated for reckless homicide when a worker is killed on the job. Only a few district attorneys across the country have historically investigated workplace deaths as homicides.

White collar crime defense attorneys regularly admit that if more prosecutors had more resources, the number of corporate crime prosecutions would increase dramatically. A large number of serious corporate and white collar crime cases are now left on the table for lack of resources.

16. Beware of consumer groups or other public interest groups who make nice with corporations.

There are now probably more fake public interest groups than actual ones in America today. And many formerly legitimate public interest groups have been taken over or compromised by big corporations. Our favorite example is the National Consumer League. It’s the oldest consumer group in the country. It was created to eradicate child labor.

But in the last ten years or so, it has been taken over by large corporations. It now gets the majority of its budget from big corporations such as Pfizer, Bank of America, Pharmacia & Upjohn, Kaiser Permanente, Wyeth-Ayerst, and Verizon.

15. It used to be when a corporation committed a crime, they pled guilty to a crime.

So, for example, so many large corporations were pleading guilty to crimes in the 1990s, that in 2000, we put out a report titled The Top 100 Corporate Criminals of the 1990s. We went back through all of the Corporate Crime Reporters for that decade, pulled out all of the big corporations that had been convicted, ranked the corporate criminals by the amount of their criminal fines, and cut it off at 100.

So, you have your Fortune 500, your Forbes 400, and your Corporate Crime Reporter 100.

14. Now, corporate criminals don’t have to worry about pleading guilty to crimes.

Three new loopholes have developed over the past five years -- the deferred prosecution agreement, the non prosecution agreement, and pleading guilty a closet entity or a defunct entity that has nothing to lose.

13. Corporations love deferred prosecution agreements.

In the 1990s, if prosecutors had evidence of a crime, they would bring a criminal charge against the corporation and sometimes against the individual executives. And the company would end up pleading guilty.

Then, about three years ago, the Justice Department said -- hey, there is this thing called a deferred prosecution agreement.

We can bring a criminal charge against the company. And we will tell the company -- if you are a good company and do not violate the law for the next two years, we will drop the charges. No harm, no foul. This is called a deferred prosecution agreement.

And most major corporate crime prosecutions are brought this way now. The company pays a fine. The company is charged with a crime. But there is no conviction. And after two or three years, depending on the term of the agreement, the charges are dropped.

12. Corporations love non prosecution agreements even more.

One Friday evening last July, I was sitting my office in the National Press Building. And into my e-mail box came a press release from the Justice Department.

The press release announced that Boeing will pay a $50 million criminal penalty and $615 million in civil penalties to resolve federal claims relating to the company’s hiring of the former Air Force acquisitions chief Darleen A. Druyun, by its then CFO, Michael Sears -- and stealing sensitive procurement information.

So, the company pays a criminal penalty. And I figure, okay if they paid a criminal penalty, they must have pled guilty.

No, they did not plead guilty.

Okay, they must have been charged with a crime and had the prosecution deferred.

No, they were not charged with a crime and did not have the prosecution deferred.

About a week later, after pounding the Justice Department for an answer as to what happened to Boeing, they sent over something called a non prosecution agreement.

That is where the Justice Department says -- we’re going to fine you criminally, but hey, we don’t want to cost you any government business, so sign this agreement. It says we won’t prosecute you if you pay the fine and change your ways.

Corporate criminals love non prosecution agreements. No criminal charge. No criminal record. No guilty plea. Just pay the fine and leave.

11. In health fraud cases, find an empty closet or defunct entity to plead guilty.

The government has a mandatory exclusion rule for health care corporations that are convicted of ripping off Medicare.

Such an exclusion is the equivalent of the death penalty. If a major drug company can’t do business with Medicare, it loses a big chunk of its business. There have been many criminal prosecutions of major health care corporations for ripping off Medicare. And many of these companies have pled guilty. But not one major health care company has been excluded from Medicare.

Why not?

Because when you read in the newspaper that a major health care company pled guilty, it’s not the parent company that pleads guilty. The prosecutor will allow a unit of the corporation that has no assets -- or even a defunct entity -- to plead guilty. And therefore that unit will be excluded from Medicare -- which doesn’t bother the parent corporation, because the unit had no business with Medicare to begin with.

Earlier, Dr. Sidney Wolfe was here and talked about the criminal prosecution of Purdue Pharma, the Stamford, Connecticut-based maker of OxyContin.

Dr. Wolfe said that the company pled guilty to pushing OxyContin by making claims that it is less addictive and less subject to abuse than other pain medications and that it continued to do so despite warnings to the contrary from doctors, the media, and members of its own sales force.

Well, Purdue Pharma -- the company that makes and markets the drug -- didn’t plead guilty. A different company -- Purdue Frederick pled guilty. Purdue Pharma actually got a non-prosecution agreement. Purdue Frederick had nothing to lose, so it pled guilty.

10. Corporate criminals don’t like to be put on probation.

Very rarely, a corporation convicted of a crime will be placed on probation. Many years ago, Consolidated Edison in New York was convicted of an environmental crime. A probation official was assigned. Employees would call him with wrongdoing. He would write reports for the judge. The company changed its ways. There was actual change within the corporation.

Corporations hate this. They hate being under the supervision of some public official, like a judge.

We need more corporate probation.

9. Corporate criminals don’t like to be charged with homicide.

Street murders occur every day in America. And they are prosecuted every day in America. Corporate homicides occur every day in America. But they are rarely prosecuted.

The last homicide prosecution brought against a major American corporation was in 1980, when a Republican Indiana prosecutor charged Ford Motor Co. with homicide for the deaths of three teenaged girls who died when their Ford Pinto caught on fire after being rear-ended in northern Indiana.

The prosecutor alleged that Ford knew that it was marketing a defective product, with a gas tank that crushed when rear ended, spilling fuel.

In the Indiana case, the girls were incinerated to death.

But Ford brought in a hot shot criminal defense lawyer who in turn hired the best friend of the judge as local counsel, and who, as a result, secured a not guilty verdict after persuading the judge to keep key evidence out of the jury room.

It’s time to crank up the corporate homicide prosecutions.

8. There are very few career prosecutors of corporate crime.

Patrick Fitzgerald is one that comes to mind. He’s the U.S. Attorney in Chicago. He put away Scooter Libby. And he’s now prosecuting the Canadian media baron Conrad Black.

7. Most corporate crime prosecutors see their jobs as a stepping stone to greater things.

Spitzer and Giuliani prosecuted corporate crime as a way to move up the political ladder. But most young prosecutors prosecute corporate crime to move into the lucrative corporate crime defense bar.

6. Most corporate criminals turn themselves into the authorities.

The vast majority of corporate criminal prosecutions are now driven by the corporations themselves. If they find something wrong, they know they can trust the prosecutor to do the right thing. They will be forced to pay a fine, maybe agree to make some internal changes.

But in this day and age, in all likelihood, they will not be forced to plead guilty.

So, better to be up front with the prosecutor and put the matter behind them. To save the hide of the corporation, they will cooperate with federal prosecutors against individual executives within the company. Individuals will be charged, the corporation will not.

5. The market doesn’t take most modern corporate criminal prosecutions seriously.

Almost universally, when a corporate crime case is settled, the stock of the company involved goes up.

Why? Because a cloud has been cleared and there is no serious consequence to the company. No structural changes in how the company does business. No monitor. No probation. Preserving corporate reputation is the name of the game.

4. The Justice Department needs to start publishing an annual Corporate Crime in the United States report.

Every year, the Justice Department puts out an annual report titled "Crime in the United States."

But by "Crime in the United States," the Justice Department means "street crime in the United States."

In the "Crime in the United States" annual report, you can read about burglary, robbery and theft.

There is little or nothing about price-fixing, corporate fraud, pollution, or public corruption.

A yearly Justice Department report on Corporate Crime in the United States is long overdue.

3. We must start asking -- which side are you on -- with the corporate criminals or against?

Most professionals in Washington work for, are paid by, or are under the control of the corporate crime lobby. Young lawyers come to town, fresh out of law school, 25 years old, and their starting salary is $160,000 a year. And they’re working for the corporate criminals.

Young lawyers graduating from the top law schools have all kinds of excuses for working for the corporate criminals -- huge debt, just going to stay a couple of years for the experience.

But the reality is, they are working for the corporate criminals.

What kind of respect should we give them? Especially since they have many options other than working for the corporate criminals.

Time to dust off that age-old question -- which side are you on? (For young lawyers out there considering other options, check out Alan Morrison’s new book, Beyond the Big Firm: Profiles of Lawyers Who Want Something More.)

2. We need a 911 number for the American people to dial to report corporate crime and violence.

If you want to report street crime and violence, call 911.

But what number do you call if you want to report corporate crime and violence?

We propose 611.

Call 611 to report corporate crime and violence.

We need a national number where people can pick up the phone and report the corporate criminals in our midst.

What triggered this thought?

We attended the press conference at the Justice Department the other day announcing the indictment of Congressman William Jefferson (D-Louisiana).

Jefferson was the first U.S. official charged with violating the Foreign Corrupt Practices Act.

Federal officials alleged that Jefferson was both on the giving and receiving ends of bribe payments.

On the receiving end, he took $100,000 in cash -- $90,000 of it was stuffed into his freezer in Washington, D.C.

The $90,000 was separated in $10,000 increments, wrapped in aluminum foil, and concealed inside various frozen food containers.

At the press conference announcing the indictment, after various federal officials made their case before the cameras, up to the mike came Joe Persichini, assistant director of the Washington field office of the FBI.

"To the American people, I ask you, take time," Persichini said. "Read this charging document line by line, scheme by scheme, count by count. This case is about greed, power and arrogance."

"Everyone is entitled to honest and ethical public service," Persichini continued. "We as leaders standing here today cannot do it alone. We need the public’s help. The amount of corruption is dependent on what the public with allow.

Again, the amount of corruption is dependent on what the public will allow."

“"f you have knowledge of, if you’ve been confronted with or you are participating, I ask that you contact your local FBI office or you call the Washington Field Office of the FBI at 202.278.2000. Thank you very much."

Shorten the number -- make it 611.

1. And the number one thing you should know about corporate crime?

Everyone is deserving of justice. So, question, debate, strategize, yes.

But if God-forbid you too are victimized by a corporate criminal, you too will demand justice.

We need a more beefed up, more effective justice system to deal with the corporate criminals in our midst.

http://www.alternet.org/story/54093/?page=entire
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Postby admin » Thu Nov 06, 2008 9:37 pm

November 7, 2008
Losses Mount, Fears Overwhelm, and a Life-Ending Decision Is Made

By LANDON THOMAS Jr.
Walter Buczynski was a top executive at a Maryland mortgage lender before he killed his wife and jumped off a bridge this January.

K. Upender was a distraught stock speculator in India who suffered steep losses in the Indian stock market this fall, according to the police, just before he chose to open the gas line in his house, light a match and kill himself, his wife and his 2-year-old son.

Mr. Buczynski, 59, who lived in an affluent suburb in New Jersey and made close to $330,000 in 2007, and Mr. Upender, a 32-year-old former stock broker who had taken to trading stocks out of his home in Hyderabad, a fast-growing city in central India, were worlds apart.

What they had in common was a livelihood in the financial industry, a wrenching downturn in that industry and death by their own hands.

The reason for a suicide, particularly one that also involves homicide, is never cut and dried. Mr. Buczynski, for example, left a note saying that problems with his marriage caused him to kill himself and his wife.

Although there are no hard statistics yet to show an increase in suicides related to the financial crisis, anecdotal reports are coming from around the globe.

As markets continue to tumble worldwide, with the prospect of a deep global recession to follow, some experts predict suicide could increase as those who once enjoyed the fruits of a global asset boom watch their fortunes evaporate in the broadest and most abrupt destruction of wealth since the great crash of 1929.

Suicide reports have come from a wide variety of places, involving a diverse range of people. A chief executive of an Arizona-based commercial lender wore a tuxedo, swallowed pills and lay down to die in June as his company collapsed. A suburban stock broker in Connecticut jumped from an 11th-story window in July; a private equity financier based in London leapt in front of a train in August.

And last month, a onetime dot-com millionaire shot five family members and himself in an upscale neighborhood in Los Angeles, blaming the financial crisis for his woes.

Those deaths are the most extreme manifestations of a wider mental health challenge presented by the economic malaise.

“The majority of the calls I am getting now are from people overly stressed over their finances,” said Daniel J. Reidenberg, a psychologist and the executive director of SAVE, a Minneapolis-based suicide prevention organization. “And I have talked to business executives as well as people who have just lost their jobs. The severity of the credit crunch is causing people to engage in more extreme behavior.”

While stories of financial executives jumping from tall buildings on Wall Street during the 1929 crash have long been part of the popular lore, experts and academics say there were only a few instances of such behavior as the market plunged.

Most of that era’s suicides came in the years after the crash as the Great Depression gathered steam.

“My research showed that a lot of people committed suicide in the privacy of their own homes as their fortunes and reputations were depleted,” said Selwyn Parker, the author of “The Great Crash.” “It happened all over the world — in New York, the bushes of Australia, Germany and Austria.”

In fact, the highest suicide rate recorded in the United States was 17 out of 100,000 people in 1932, when unemployment peaked at 25 percent.

That compares with 11 out of 100,000 people in 2005, the most recent year for which data is available. The reported total in 2005 was 32,637.
Anecdotally,

it would seem that more finance-related suicides stem from people losing their homes in foreclosures.
However, the smaller cluster of executives who have taken their lives suggests that the global collapse of asset values has been enough to persuade some people of means and high position that their lives were without hope.
Steven Stack, a leading researcher of suicide trends at Wayne State University, said that Emile Durkheim, the French sociologist, reached a conclusion more than 100 years ago that holds true today.

“His argument was that those who are the highest suicide risk are those with the greatest fortunes who lose the most and have the furthest to fall,” Mr. Stack said.

Scott Coles, the 48-year-old chief executive of Mortgages Inc., an aggressive lender to some of Arizona’s largest commercial development projects, experienced that kind of precipitous downturn.

He became a multimillionaire by signing off on large commercial loans that were financed by high-yielding mortgage investments — a business strategy that resulted in the collapse of his company and of his prominent reputation.

The police ruled his death in June a suicide, and his company filed for bankruptcy later that month.

At 82, Edwin Rachleff was nearing the end of his long career as a broker, most recently running A. G. Edwards’s New London branch in Connecticut. He was a pillar of his local community and had been married to his wife of 60 years.

But on July 28, one of his main clients, the $12 million New London Security Federal Credit Union, was declared insolvent by regulators and shut down. That day, he leapt to his death from the 11th floor of a building.

Investigators are examining his ties to the defunct credit union.

Mr. Rachleff left no note, but he was said to be upset over his worsening eyesight and the possibility that he might lose his broker’s license.

When Kirk Stephenson, 47, jumped in front of the morning commuter train that would have taken him from his country home to his office in London, he left no note either.

Friends and family were in shock, as there were no evident signs of distress from Mr. Stephenson, who was married and had an 8-year-old son.

While no public explanation has been given, his death came in late September, as Olivant, the small investment company where he worked as chief operating officer, was confronted with the news that substantial assets it held at Lehman Brothers would not be recovered anytime soon because of the investment bank’s bankruptcy.

Karthik Rajaram, 45, who had founded an Internet business incubator, was an out-of-work investor living in an upscale Los Angeles neighborhood when he fatally shot his three children, wife and mother-in-law before turning the gun on himself in early October. In a letter addressed to the police found at the site of the shootings, Mr. Rajaram blamed economic hardships for his actions.

Although research is scant, Howard Brenner, a professor at the Johns Hopkins School of Public Health in Baltimore, says that at higher income levels, those suffering financial distress will on occasion lash out at those closest to them.

“If these people are not alive,” Mr. Brenner said, “they will not be in a position to rebuke the head of household or suffer further embarrassment.”
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Postby admin » Mon Oct 27, 2008 2:47 pm

from www.canadianfundwatch.com a great site for investor protection
Investor Protection: The violence of white-collar crime
Posted on Wednesday, August 29 @ 00:00:00 EDT by root


“.. Mr. Diekmeyer, 73, says he lost $800,000 - his life's savings - when Bre-X collapsed. He also saw his personal friend and stock broker kill himself in 1997, riddled with guilt about his clients' losses."I survived with great difficulty and a friend of mine committed suicide over it," says Mr. Diekmeyer, who lives in a modest apartment in Beaconsfield, west of Montreal. "I only know this story. I'm fairly certain there are others that are equally disastrous…"




Source: J. McFarland, No winners in this case, Globe and Mail, Aug. 2, 2007

[John Felderhof, the former vice chairman and Chief geologist of Bre-X, the gold company rocked by a scandal that wiped out billions of investor dollars almost 10 years ago, had been accused by the Commission of selling $84 million worth of stock between April and October 1996, while having material information not disclosed to investors. Felderhof was acquitted on July on 8 counts of illegal insider trading and authorizing misleading news releases 7 years after his lengthy trial began. During the trial, the court heard extensive testimony that Felderhof ignored nearly two dozen signs that the amount of gold at Busang, Indonesia was insignificant. The OSC will not appeal the ruling, so in the end no one will be held accountable but small investors pain will continue for decades ]



White-collar crime is a generic term for crimes involving commercial fraud, cheating investors and consumers, insider trading, embezzlement and other forms of dishonest business schemes. The term comes from the perception that these fraudsters wear white shirts and don’t use physical force in effecting their devastating schemes. Someone who mugs a victim on the street by threatening to knife them, and steals $300, might very likely be punished with a more severe sentence than a Bre-X executive who cheats shareholders out of billions of dollars. There is an impression that white-collar crime in Canada is rare. We've all heard of Enron but how often is Nortel cited as an example of thousands of innocent people losing a large share of their life savings? The last few years, thanks to the media, Canadians are now hearing about home grown penny stock scams, Hollinger, YBM Magnex, Atlas Cold Storage (accounting fraud) and of course the infamous mutual fund market timing scandal. Lately, we've all witnessed the tail end of the Bre-X fraud that cost hapless investors $6 billion with no one held accountable.



Many more examples could be cited including the numerous business income trust implosions like FMF, the Portus hedge fund fiasco and the infamous Norbourg funds disaster. About 9,200 investors in mutual funds managed by Quebec based Norbourg Asset Management Ltd lost their money due to management malfeasance Allegedly, $130 million was misappropriated. Retail investor’s lives were turned upside down.



There were huge losses but was violence involved? We’re always hearing that white-collar crime is non-violent, no one is actually hurt-it’s “only” money. Punishments should be minimal; it’s not as if someone was beaten or knifed. Well, we use the term financial assault to describe the unsavoury actions of fraudsters, scam artists, devilish corporate executives, stock promoters and greedy salespersons who knowingly put investors at huge financial and personal risk for economic gain. The toxic combination of financial loss coupled with the corresponding psychological and physiological impact often makes the assault an unbearable experience.



We've become conditioned to reading about the billions of retail investor dollars unduly vaporizing each year in Canada. Unfortunately we’ve also grown accustomed to a lack of enforcement by regulators and the success stories of perpetrators who walk away “Not guilty” Well, we think, at least nobody was killed or required 20 stitches. It is “only “ white-collar crimes. So even if this culprits are caught, they should get wrist slap penalties, easy bail and maybe short jail terms. These are not thugs that should be incarcerated. No real harm done, right?



Think again. White-collar crime is a devastating form of financial assault



Take these two examples:



1. A woman in her early seventies had been sold some internet infrastructure and e-business technology funds in 1999. The salesman had befriended her while she was recovering in hospital from heart attack. Within the year, the funds were down 85% and most of her life's savings with them. When she found out, she had a relapse. She was dead within a month.



2.An engineer in his fifties was on a five-year assignment in Africa assisting local authorities develop a mine. His trusted adviser back in Montréal was sent the tax-free earnings and given the authority to invest in conservative securities. When he returned, his $1.5 million had been melted down to $146,000. He ended up getting divorced and suffered from depression for the rest of his life. He was never able to trust anyone again. He died a broken man existing month –to-month in a tiny one-room apartment.



Stan Buell, president of the Small Investor Protection Association likes to refer to financial assault cases as adverse life- altering events. The loss of one's nest egg is a shock that leaves many small investors stunned and immobilized. For seniors and retirees the loss is irrecoverable as time is not on their side. The real negative impact is the physical and emotional collateral damage that white collar crime causes.



Some examples from a variety of interviews, media reports and victim impact statements:

One man, who lost $400,000, had to return to work at age 72 to a physically demanding job working the night shift.

"I believe my first reactions were shock, disbelief and denial, followed by rage, resentment, guilt and then utter depression," one elderly woman observed.

"To know these people used our hard-earned money - they even took money so far back as when I was 10 years old on a paper route. The pain and hurt and always thinking of what was done to you just doesn't go away. I have nightmares"

One man and his wife were using the $2,500 interest paid out monthly on their investment to make a special vaccine from his wife's blood to fight her leukemia. But soon the payments dried up and the investment was gone. "We tried for as long as our finances would allow the treatment. It was impossible to keep up financially". His wife has since died.

“ We have been honest and trustworthy people and expected the same from others," one couple wrote. "We have many sleepless nights thinking about how we would not be able to retire as soon as we wanted."

One man, who lost his life savings of $175,000, said his golden years are shattered. "It hurts to look at your wife and tell her that we cannot afford to do much but sit around and wait for the end of our lives."

Several experienced nervous breakdowns and chronic illness since losing their nest eggs

On July 6, 2006 Madam Justice Petra Newton sentenced the 63-year-old swindler, Earl Crackower, a former financial planner at Toronto-based Worldsource Financial Management Inc., to a 5-year term behind bars and ordered him to pay $3.4 million in restitution to 43 former clients and their families. "Your conduct deprived these people of dignity and respect and the ability to care for their families and themselves in their sunset years." Crown attorney Donna Gillespie told the court that the veteran financial planner artfully manipulated and plotted "the financial, emotional and physical destruction" of his clients, including many elderly women, from 1989 to 2003, Newton told a packed courtroom filled with seniors. Besides losing their life’s savings, how were the victims affected by this life-altering event?



Adversely impacted their health and accelerated their ageing

Eliminated their capacity to trust other people

Destroyed their sense of self- respect and their dignity

Created a sense of hopelessness -an abyss of shame and self-doubt

Paved the road for many of them to near destitution.

Caused terrible stress within families

Caused them to have to get part-time jobs to help make up for the losses, despite their ill-health

Made it impossible to ever buy any gifts for their grandchildren –living with a broken heart

Destroyed any hope of leaving a legacy to family members



In other cases we’ve also heard of marital breakdown, severe emotional distress, nervous breakdowns, heart attacks, drug over-dose and even suicide.



Former Enron employees who thought they'd be well off have abandoned retirement visions that included taking pleasure trips and financing philanthropic projects. Some, at the end of their careers, have started over again in new jobs - but working harder to keep up with younger co-workers. They've turned to churches and food banks to eat, sold homes they could no longer pay for, and endured financial stresses that frayed and ultimately destroyed their marriages. One Enron employee lost it all: his job, the money in the stock and his pension plan that held Enron stock. He was laid off, and he and his wife got by on $1,200 a month in unemployment until that ran out after six months. His wife, a hairdresser, was disabled and couldn't work. He was out of work for more than two years. The family house was put into foreclosure, a home they had owned for 25 years. He remains a bitter man. A number of cases have been documented involving suicide resulting directly from the Enron collapse.



The pain is amplified should a determined investor seek to obtain restitution.

"I don't know if I'll ever be able to recover my life after losing $800,000. I feel I have been living in hell for the last few years. The determined defense of the firm’s ombudsman wore me down emotionally. After 3 years I decided to back out but it has taken a terrible toll on me. I’m now on a permanent pill popping regime to keep me from depression After losing my home and my wife, I now live in a tough neighbourhood and fear for my safety ”

The journey to a successful complaint conclusion can be aggravating, time consuming and add stress to an already stressful situation. Restitution claims require diligence, persistence, determination and a thick skin. You’ll be made to look stupid or greedy by the financial institution. The case will be drawn out with carefully crafted letters that make you look unreasonable. If the firm drags out the proceedings long enough you could lose your right to civil litigation thanks to shortened statute of limitation periods introduced in 2004.



Regulators will refer you to the MFDA and IDA. They in turn will advise you that they may be able to fine or sanction those involved but they can’t get you your money back. If you attempt civil litigation, expect to spend thousands of dollars in legal bills with an uncertain result. You can try industry-sponsored OBSI but don’t expect a quick answer or a high probability of ever seeing your hard earned money back. Assuming all has gone well, a rare event, you'll have to sign a settlement release order in order to receive compensation. Part of this may be a “ gag” order preventing you from discussing the case or the terms of settlement with anyone else including others damaged by the scam. The entire process is designed to deter claims and frustrate resolution .It thus adds further to the pain and amplifies the anger and despair. No wonder so few bother to complain.



Insurance fraud, a variant of financial fraud, can have a devastating effect in that a persons life can be disrupted, expected insurance is not there when needed or when seriously ill people who purchased phony health insurance find their credit ruined when they couldn’t pay large medical bills after their policy refused to pay.http://www.insurancefraud.org/impact_statmnt.htm. The effects can be traumatic.



The horrific Eron Mortgage fraud is encapsulated in a classic study of the impact on victims-it’s a must read http://www.bcsc.bc.ca/uploadedFiles/Ero ... _Study.pdf



Let’s examine the role of securities commissions in dealing with white-collar crime. The provincial securities Acts are regulatory in nature and not penal. The focus of regulatory law is the protection of societal interests, not punishment of an individual's moral faults. The Portus hedge fund, Norburg mutual fund and the infamous mutual fund market timing cases demonstrates just how ineffective Canadian regulators are in dealing with white collar crime As the Supreme Court has stated: "While criminal offences are usually designed to condemn and punish past inherently wrongful conduct, regulatory measures are generally directed to the prevention of future harm through the enforcement of minimum standards of conduct and care." Basically this leaves victims of white-collar crime unprotected. Securities regulators typically deal with "capital market" offences such as insider trading, misrepresentations in public documents and illegal trading in securities. Their usual sanctions involve fines or orders restricting future activity, such as cease-trade orders or orders prohibiting an individual from serving as a director or officer. Big deal, if you’ve suffered huge financial losses and your life has been turned upside down.



White-collar crime, such as corporate fraud, typically spawns complex, time-consuming and document-intensive cases. Unfortunately, most prosecutors and judges (especially at the Provincial Court level) have little experience with such kinds of cases. Police forces and Crown prosecutors need to allocate the resources to pursue commercial crime with the same effort as violent crime. Parliament needs to adopt stricter sentencing guidelines so that judges can treat commercial crime with the same degree of seriousness as violent crime. A National regulator may make some minor improvements but that is not the real solution for retail investors. Until there is an appropriate response to criminal misconduct in Canada's capital markets i.e. for the federal and provincial governments to treat it as a criminal rather than a regulatory problem and assign to it the high priority and necessary resources which it requires, financial assault will remain unpunished and investors uncompensated. That’s the sad reality in Canada today. John Reynold’s book the Naked Investor makes this abundantly clear, so choose your investments and advisers as carefully as you would any other important element of your life. You are all alone and naked if things go wrong.



To learn more about the issue visit http://www.scamvictimsunited.com/ and read the Fraud Victims Manual at http://www.fraudaid.com/How-To-Deal-Wit ... /index.htm A U.K. Report worth a read is Research of impact of mass marketed scams (A summary of research into the impact of scams on UK consumers). December 2006; 83 pgs http://www.oft.gov.uk/shared_oft/report ... oft883.pdf.



And what makes robbers bold but too much lenity?[ leniency]

- William Shakespeare, Henry VI, part III



White-collar crime really does prove that the pen is mightier than the sword and its swath just as lethal. Hopefully, our broken justice system will soon catch up with this reality.



Ken Kivenko

kenkiv@sympatico.ca


from www.canadianfundwatch.com a great site for investor protection
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the violence of white collar crime

Postby admin » Wed Jul 30, 2008 7:57 am

The Suicide Solution
comment
By Barbara Ehrenreich

July 28, 2008
A few days before Congress passed its housing bill, Carlene Balderrama of Taunton, Massachusetts, found her own solution to the housing crisis. Just a little over two hours in advance of the time her mortgage company, PHH Corporation--may its name live in infamy--was to auction off her home, Balderrama killed herself with her husband's rifle.

This is not the kind of response to hard times that James Grant had in mind when he wrote his July 19 Wall Street Journal essay titled "Why No Outrage?" "One might infer from the lack of popular anger," the famed Wall Street contrarian wrote, "that the credit crisis was God's fault rather than the doing of the bankers and the rating agencies and the government's snoozing watchdogs." For contrast, he cites the spirited response to the depression of the 1890s, when lawyer/agitator Mary Lease stirred crowds with the message that "We want the accursed foreclosure system wiped out.... We will stand by our homes and stay by our firesides by force if necessary."

Grant could have found even more bracing examples of resistance in the 1930s, when farmers and tenants used mob power--and sometimes firearms--to fight foreclosures and evictions. For more on that, I consulted Frances Fox Piven, co-author of the classic text Poor People's Movements: Why They Succeed, How They Fail, who told me that in the early '30s a number of cities were so shaken by the resistance that they declared moratoriums on further evictions. A 1931 riot by Chicago tenants who had fallen behind on their rent, for example, had left three dead and three police officers injured.

According to Piven, these actions were often spontaneous. A group of unemployed men would get word of a scheduled eviction and march through the streets, gathering crowds as they went. Arriving at the site of the eviction, they would move the furniture back into the apartment and stay around to protect the threatened tenants. In one instance in Detroit, it took 100 cops to evict a single family. Also in Detroit, Piven said, "two families protected their apartments by shooting their landlord and were acquitted by a sympathetic jury."

What a difference eighty years makes. When the police and the auctioneers arrived at Balderrama's house, the family gun had already been used--on the victim of foreclosure herself. I don't know how "worthy" a debtor she was--the family had been through bankruptcies before, though probably not as a result of Caribbean vacations and closets full of designer clothes. It was an adjustable rate mortgage that did them in, and Balderrama, who managed the family's finances, had apparently been unwilling to tell her husband that their ever-rising monthly mortgage payments were eating up his earnings as a plumber.

Suicide is becoming an increasingly popular response to debt. James Scurlock's brilliant documentary, Maxed Out, features the families of two college students who killed themselves after being overwhelmed by credit card debt. "All the people we talked to had considered suicide at least once," Scurlock told a gathering of the National Association of Consumer Bankruptcy Attorneys in 2006. According to the Los Angeles Times, lawyers in the audience backed him up, "describing clients who showed up at their offices with cyanide, or threatened, 'If you don't help me, I've got a gun in my car.' "

India may be the trend-setter here, with an estimated 150,000 debt-ridden farmers succumbing to suicide since 1997. With guns in short supply in rural India, the desperate farmers have taken to drinking the pesticides meant for their crops.

Dry your eyes, already: death is an effective remedy for debt, along with anything else that may be bothering you too. And try to think of it too from a lofty, corner-office, perspective: if you can't pay your debts or afford to play your role as a consumer, and if, in addition-- like an ever-rising number of Americans--you're no longer needed at the workplace, then there's no further point to your existence. I'm not saying that the creditors, the bankers and the mortgage companies actually want you dead, but in a culture where one's credit rating is routinely held up as a three-digit measure of personal self-worth, the correct response to insoluble debt is, in fact, "Just shoot me!"

The alternative is to value yourself more than any amount of money and turn the guns, metaphorically speaking, in the other direction. It wasn't God, or some abstract economic climate change, that caused the credit crisis. Actual humans--often masked as financial institutions-- did that, (and you can find a convenient list of names in Nomi Prins's article in the current issue of Mother Jones.) Most of them, except for a tiny few facing trials, are still high rollers, fattening themselves on the blood and tears of ordinary debtors. I know it's so 1930s, but may I suggest a march on Wall Street?

About Barbara Ehrenreich
Barbara Ehrenreich, the author of Nickel and Dimed (Owl), is the winner of the 2004 Puffin/Nation Prize. more...

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