The Global Economy, Economic Crisis, and White-Collar Crime
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Contents Volume 9 • Issue 3 • August 2010 SPECIAL ISSUE The Global Economy, Economic Crisis, and White-Collar Crime EDITORIAL INTRODUCTION White-collar crime and the Great Recession .......................................................................429 Neal Shover, Peter Grabosky WALLS OF SECRECY AND SILENCE RESEARCH ARTICLE. Walls of secrecy and silence: The Madoff case ..........................................435 and cartels in the construction industry Henk van de Bunt POLICY ESSAY. Secrecy, silence, and corporate crime reforms ..................................................455 William S. Laufer POLICY ESSAY. Silent or invisible? Governments and corporate financial crimes .....................467 John Minkes POLICY ESSAY. How to effectively get crooks like Bernie Madoff in Dutch .............................475 Henry N. Pontell, Gilbert Geis POLICY ESSAY. Getting our attention .......................................................................................483 Nancy Reichman SERIOUS TAX FRAUD AND NONCOMPLIANCE RESEARCH ARTICLE. Serious tax fraud and noncompliance: A review of evidence ....................493 on the differential impact of criminal and noncriminal proceedings Michael Levi POLICY ESSAY. Criminal prosecution within responsive regulatory practice ............................515 Valerie Braithwaite POLICY ESSAY. Fairness matters—more than deterrence: .........................................................525 Class bias and the limits of deterrence Paul Leighton POLICY ESSAY. Serious tax noncompliance: Motivation and guardianship ..............................535 Benno Torgler Volume 9 • Issue 3 I TRANSNATIONAL WHITE-COLLAR CRIME AND RISK RESEARCH ARTICLE. Transnational white-collar crime and risk: Lessons ...................................543 from the global trade in electronic waste Carole Gibbs, Edmund F. McGarrell, Mark Axelrod POLICY ESSAY. Global E-waste trade: The need for formal regulation .....................................561 and accountability beyond the organization Dawn L. Rothe POLICY ESSAY. Framing E-waste regulation: The obfuscating role of power ............................569 Laureen Snider POLICY ESSAY. Smart regulation and enforcement of illegal disposal of electronic waste .........579 Judith van Erp, Wim Huisman MORTGAGE ORIGINATION FRAUD RESEARCH ARTICLE. Mortgage origination fraud and the global economic crisis: .....................591 A criminological analysis Tomson H. Nguyen, Henry N. Pontell POLICY ESSAY. Echo epidemics: Control frauds generate “white-collar street crime” waves .....613 William K. Black POLICY ESSAY. Diagnostics of white-collar crime prevention ...................................................621 John Braithwaite POLICY ESSAY. Mortgage origination fraud and the global economic crisis: ............................627 Incremental versus transformative policy initiatives David O. Friedrichs POLICY ESSAY. Mortgage origination fraud: The missing links ................................................633 M. Cary Collins, Peter J. Nigro EDITORIAL CONCLUSION Forestalling the next epidemic of white-collar crime: Linking policy to theory ..................641 Peter Grabosky, Neal Shover II Criminology & Public Policy Guide to Preparing Manuscripts Editorial Policy—Criminology & Public Policy (CPP) is a peer-reviewed journal devoted to the study of criminal justice policy and practice. The central objective of the journal is to strengthen the role of research findings in the formulation of crime and justice policy by publishing empirically based, policy-focused articles. Authors are encouraged to submit papers that contribute to a more informed dialogue about policies and their empirical bases. Papers suitable for CPP not only present their findings, but also explore the policy-relevant implications of those findings. Specifically, appropriate papers for CPP do one or more of the following: • Strengthen the role of research in the development of criminal justice policy and practice • Empirically assess criminal justice policy or practice, and provide evidence-based support for new, modified, or alternative policies and practices • Provide more informed dialogue about criminal justice policies and practices and the empirical evidence related to these policies and practices • Advance the relationship between criminological research and criminal justice policy and practice The policy focus of the journal requires articles with a slightly different emphasis than is found in most peer-reviewed academic journals. Most academic journals look for papers that have comprehensive literature reviews, provide detailed descriptions of methodol- ogy, and draw implications for future research. In contrast, CPP seeks papers that offer literature reviews more targeted to the problem at hand, provide efficient data descriptions, and include a more lengthy discussion of the implications for policy and practice. The preferred paper describes the policy or practice at issue, the significance of the problem being investigated, and the associated policy implications. This introduction is followed by a description and critique of pertinent previous research specific to the question at hand. The methodology is described briefly, referring the reader to other sources if available. The presentation of the results includes only those tables and graphs necessary to make central points (additional descriptive statistics and equations are provided in appendices). The paper concludes with a full discussion of how the study either provides or fails to provide empirical support for current, modified, or new policies or practices. The journal is interdisciplinary, devoted to the study of crime, deviant behavior, and related phenomena, as found in the social and behavioral sciences and in the fields of law, criminal justice, and history. The major emphases are theory, research, historical issues, policy evaluation, and current controversies concerning crime, law, and justice. Manuscript Submissions—Manuscripts are to be submitted electronically to [email protected]. The manuscript should be submitted in one Word (.doc) file with tables and figures in the same document as the manuscript text. Please note that Word 2007 is not yet compatible with journal production systems. Unfortunately, the journal cannot accept Microsoft Word 2007 documents until such time as a stable production version is released. Please use Word’s “Save As” option, therefore, to save your document as an older (.doc) file type. Additional documents, including cover letters or memos to the editor, may also be e-mailed as supplemental files. Although we strongly encourage on-line submission, those who prefer not to submit on-line may send a CD to Shanna Van Slyke, Managing Editor, Florida State University, Center for Criminology & Public Policy Research, 325 John Knox Road Building L-102, Tallahassee, FL 32303. A two-section abstract of approximately 150 words (see example on page 6 of the Style Sheet) and a brief biographical paragraph describing each author’s current affiliation, research interests, and recent publications should accompany the manuscript. A $10 submission fee, made payable to the American Society of Criminology, is also required (except for student sole authors). This may be submitted as a check mailed to the address above, or credit card payments can be arranged. Papers accepted for publication should comply with American Psychological Association guidelines concerning nonsexist language. We accept three formats for digital artwork submission: Encapsulated PostScript (EPS), Portable Document Format (PDF), and Tagged Image Format (TIFF). We suggest that line art be saved as EPS files. Alternately, these may be saved as PDF files at 600 dots per inch (dpi) or better at final size. Tone art, or photographic images, should be saved as TIFF files with a resolution of 300 dpi at final size. For combination figures, or artwork that contains both photographs and labeling, we recommend saving figures as EPS files, or as PDF files with a resolution of 600 dpi or better at final size. More detailed information on the submission of electronic artwork can be found at: http://authorservices.wiley.com/bauthor/illustration.asp The American Society of Criminology regards submission of a manuscript to this journal as a commitment to publish herein; simultaneous submission to another journal is unacceptable. Every effort will be made to notify authors of editorial decisions within 3 months of manuscript and processing fee receipt. Note that CPP publication decisions arrive by postal mail, so please indicate whether you prefer e-mail correspondence to postal mail upon submission of your manuscript. Please consult and conform to the CPP Style Sheet, which is available at cpp.fsu.edu, prior to submission. Volume 9 • Issue 3 III Criminology & Public Policy (Print ISSN #1538-6473/On-line ISSN #1745-9133) is published quarterly on behalf of the American Society of Criminology, 1314 Kinnear Road, Suite 212, Columbus, OH 43212 by Wiley Subscription Services, Inc., a Wiley Company, 111 River St., Hoboken, NJ 07030-5774. Information for subscribers. Criminology & Public Policy is published in four issues per year. Institutional print and on-line subscription prices for 2010 are: US$263 (U.S.), US$329 (rest of world), €210 (Europe), £168 (U.K.). Prices are exclusive of tax. Asia-Pacific GST, Canadian GST, and European VAT will be applied at the appropriate rates. For more information on current tax rates, please visit www3.interscience.wiley.com/aboutus/journal_ordering_and_payment.html#Tax.