White Collar Crime Analytical Essay
|Topics:||White Collar Crime, Law Enforcement, Social Justice, 🔪 Crime, 👨🏻⚖️ Criminal Justice|
Reports indicate the White collar crimes are common in Non-Profit organizations such as the Charity Organizations. For example, the embezzlement of funds is prominent in charity organizations concerned with cancer and other dangerous diseases such as AIDS. According to the FTC (Free Trade Commission) report, the charities embezzle funds by providing misleading information regarding the services provided thus swindling funds (Peterson, 2012). For instance, the report indicates the charities involved in the scam misrepresented themselves by offering misleading information relating to the provision of legal assistance to the patients. Also, they claimed to help with the costs regarding transportation to chemotherapy. However, the investigations indicate that the funds were used to cater for salaries to family members, gym memberships, and other luxury cruises like Jet Ski outings. The embezzlement risks the health of the cancer patients and the public dependent on the funds (Levine, 2015). For instance, it inhibits the installation of the appropriate technology and equipment like the scanning equipment which enhances the detection of the disease in its early stages thus facilitating the treatment process. Therefore, there arises the need to implement strict punishments against the offenders to protect the healthy safety of the public.
The charity organizations involved in the fraud should be dissolved to prevent further involvement in the fundraising activities. For example, the investigations of the FTC report advocated for the dissolution of the organizations like the Breast Cancer Society which were involved in the fraud (Levine, 2015). Their continued involvement or active participation in the charity organization would deprive the legitimate charities and the patients the fundamental support and the funds. Therefore, banning of the individuals and the organizations involved in the fraud would be essential in mitigating the vices. For instance, the report proposed that the directors of the cancer charities and the organizations be barred from taking part in any fundraising or activities related to charity work.
Furthermore, the perpetrators should have all their assets liquidated. The liquidation process would also encompass restitution which involves the paying the victims such as the donors back their money. For instance, the proposed order against the Reynolds included the imposition of a 65,564,360 million dollar judgment. The amount comprised of the donations from the consumer between the period of 2008 and 2012. Furthermore, the proposed judgment against CCFOA advocated for the imposition of judgment about the contributions made between 2008 and 2012 (The Wall Street Journal, 2015). Also, the same judgment applied against Effler whereby they were required to refund the donations made to the CSS by the consumers. The decision aims at recovering the misappropriated funds which were used for personal purposes rather than financing the treatment of the cancer patients. The recovered financial assets are not refunded to the contributors but channeled to the legitimate charities to support their activities.
Moreover, the directors of the organizations should be exposed to criminal asset forfeiture. For instance, the property was wrongly acquired by the provision of misguiding information regarding the type of services they offered. For example, the FTC report indicates that the American Cancer Fund and some three other charities solicited for donations from the public by the use of websites, direct mail, and even phone (Levine, 2015). The organizations claimed that the funds would be invested to facilitate the treatment of the cancer patients. However, the study indicates that most of the funds were used to pay the charity operators and the telemarketing companies. Therefore, both their liquid and fixed assets should be acquired and auctioned to recover the funds and disburse them to the relevant organizations. Furthermore, the individuals involved should have travel sanctions imposed on them for their wrongdoings.
The perpetrators of the vice and the parties concerned should face jail term imprisonments. For instance, denying the patients the opportunity to get medical services and essential support services jeopardizes their state of health thus causing death thus amounting to murder (Arshad, Asyiqin, Razali, & Bakar, 2015). According to the federal laws, denying patients and other dependent parties the opportunity of accessing medical services warrants imprisonments. Furthermore, the rules also indicate that the embezzlement cases were amounting to more than 100 000 dollars justifying the imprisonment of the parties involved (Anello, & Glaser, 2016). In the case provided, the illegitimate charities misappropriated funds worth more than a hundred thousand dollars thus the masterminds of the embezzlement should be jailed for not less than 10 years.
Moreover, the directors of the charity organizations involved in the scam should be denied freedom for risking the lives of many individuals. The embezzlement of charity funds for personal purposes amounts to criminal activities thus the denial of liberty (Robert, 2015). It implies that the people would be stripped of necessary privileges such as speech and movement. Therefore, their involvement in any activities in their countries of residence would be limited and monitored. In addition, they should be put under probation whereby all their activities would be controlled through regular meetings with the probation officers.
In conclusion, both the organizations and the individuals involved in the charity fraud should face dire consequences. For instance, they should be put under imprisonment for endangering the lives of the cancer patients and other individuals dependent on the funds at the expense of their personal interests (Piquero & Clipper, 2014). Furthermore, the people should be banned from active or passive participation in charity related activities. It could give room for further investigations regarding the fraud cases thus enhancing prosecution. Also, their assets should be liquidated, and the program of property recovery instituted to enhance the recollection of the property misappropriated. The recovered assets should then be disseminated to the relevant institutions to facilitate the essential support and medical services. Moreover, the directors of the illegitimate organizations should be denied their freedom since they endanger the lives of other people. For instance, they should be put under probation to enhance their monitoring thus ensuring the healthy safety of other patients since the persons might have individual links they may use to execute their criminal activities.
- Anello, R. J., & Glaser, M. L. (2016). White Collar Crime. Fordham L. Rev., 85, 39.
- Arshad, R., Asyiqin, W. A., Razali, W. M., & Bakar, N. A. (2015). Catch the “Warning Signals”: The Fight against Fraud and Abuse in Non-Profit Organisations. Procedia Economics and Finance, 28, 114-120.
- Levine, S. (2015). FTC Accuses Cancer Charities Of Stealing Nearly $200 Million | The Huffington Post. (n.d.). Retrieved from http://www.huffingtonpost.com/2015/05/19/ftc-cancer-charities-fraud_n_7319134.html
- Peterson, A. (2012). White collar crime in the mutual fund industry. El Paso: LFB Scholarly Pub.
- Piquero, N. L., & Clipper, S. (2014). White Collar Crime (pp. 5531-5538). Springer New York.
- Robert, W. (2015). Forbes Welcome. (n.d.). Retrieved from http://www.forbes.com/sites/robertwood/2015/05/21/appalling-187-million-cancer-charity-fraud-case-settles-when-97-of-money-isnt-for-charity/#6bb362602e2a
- The Wall Street Journal, (2015). Cancer Charities Called $187 Million ‘Sham’ – WSJ. (n.d.). Retrieved from http://www.wsj.com/articles/four-cancer-charities-accused-of-fraud-1432063345