ontradictory assumptions cannot be 'measured' it is important. 'Men's work', such as surround the nature of nonetheless instructive to explore building or working in the North C victimisation from which consumers, workers or Sea oil industry, is often danger- workplace and corporate crime, members of the general public are ous work, associated with high which has been relatively likely to be harmed by which rates of deaths and injuries fre- neglected in both victimology and forms of corporate crime (Croall quently brought about by employ- the literature on these offences. 1999). ers'neglect of regulations. 'Wom- While a major thrust of work on en's work' may involve exploita- the 'crimes of the powerful' has Gendered tion in 'sweat shops' or health risks been to reveal the harm done to from working with chemical sub- 'powerless' victims, white collar victimisation stances in, for example, the food crime in general is often Victimisation may, for example, be industry (Croall 1999). Women represented as 'victimless' Indeed, gendered. Some of the most seri- workers are also vulnerable to ex- the absence of direct victimisation ous cases of corporate deviance ploitative forms of sexual harass- and apparent intent to harm are such as the Dalkon Shield contra- ment and abuse. major reasons why corporate crime ceptive and thalidomide have in- Age is also significant. The volved pharmaceutical products physical and sexual abuse of chil- and services aimed at women's dren and the elderly in institutions bodies, with other examples being is a clear violation of the trust Corporate cosmetic surgery and silicone vested in caring professions. The breast implants, whose side effects elderly are also particularly vulner- have led to long term health prob- able to diseases resulting from in- lems (Finlay 1995). Large numbers attention to health and food regu- of women, affected by idealised lations. In the outbreak of E-coli victims portrayals of beauty and feminin- in Lanarkshire, attributed to a lo- ity, consume a multitude of dietary cal butcher's failure to comply and cosmetic products which may with hygiene regulations and co- Hazel Croall examines the range of have adverse health effects and operate with enforcement officials, make fraudulent claims; the vast 21 out of 450 affected died, all of people victimised by corporate majority simply do not work and them elderly (The Herald 20/8/98). their marketing lies on the fine line The straightened financial circum- fraud. is seen as 'not really crime'. between normal trading practices stances of the elderly make them, Incidents are represented as and fraud (Claybrook 1996). and those in middle age, attractive 'accidents' and victimisation is Moreover, women's assumed fi- targets for fraudulent financial seen as coincidental, involving nancial or technical incompetence schemes and pensions have fea- general categories such as makes them vulnerable to fraud, tured in recent financial scandals consumers, workers or the general particularly when dealing with cars such as the Maxwell case as well public, irrespective of social or financial products. Gendered as pensions 'mis-selling' on the position. While victimisation divisions in the workplace are also part of major financial institutions. Young people are also vulner- able. The aggressive marketing of "Employers are the victims of some formsexpensive 'designer' toys and of workplace crime, particularly theft goods aimed at children and teen- and embezzlement, whereas workers are agers creates space for cheap imi- tations and counterfeits which can most typically the victims of health and be dangerous as well as fraudulent. safety offences." Each Christmas sees warnings from enforcement agencies about toys which may poison or injure children. The recent deaths of two Glasgow students in a fire in an un- registered and dangerous property illustrates how students' need for cheap, temporary housing pro- duces a particular vulnerability (The Herald 19/3/99). In another recent case a company was discov- ered to have exposed young work- ers to asbestos (The Guardian 13/ 4/99).

Social status and exploitation Many of these examples are also related to economic and social sta- tus, the exploration of which re- veals what Levi describes as a 'complex moral arena' in which

CJITl no. 36 Summer 1999 "These observations should not be taken he treatment of fraud raises important questions for the to suggest that any particular group is Tpopulist politics of law and more at risk, but they do indicate that order, determined as it usually is victimisation from corporate crime by the contents of the Home reflects wider social divisions." rich and poor are offenders and ticular group is more at risk, but victims (Levi 1995). Employers they do indicate that victimisation The impact are the victims of some forms of from corporate crime reflects workplace crime, particularly theft wider social divisions. Nor should and embezzlement, whereas work- racial and global inequalities be ers are most typically the victims ignored as the example of Bhopal of fraud of health and safety offences. illustrates (Pearce and Tombs While rich and poor consumers are 1998). While some offences may 'ripped off', enforcement agencies have a random effect, exploring often point to offences which these aspects of victimisation re- Michael Levi assesses the impact of 'prey' on the poorer consumer. Fi- veals that corporate and workplace nancial and cultural capital pro- crime often preys on the relatively fraud on various groups. tects the better off, who are less powerless. Such exploration also likely to resort to buying cheap or contributes to arguments that Secretary's and Chief Constables' dangerous imitations of designer analyses of these areas of crime mailbags and by the headlines and brands and more able to make in- should focus on the activities in- leaders in the Daily Mail and The formed decisions. Knowledge and volved rather than on the status of Sun (although the latter do include expertise are also crucial features offenders (Ruggiero 1996), thus what are known in the trade as of many offences, with those in leading to the consideration of re- 'widows and orphans' frauds). possession of scientific and tech- lationships between offenders and Fraud is not only neglected in nical expertise such as garage me- victims. ^m recorded and victim survey- chanics, professionals and compu- measured crime, but also has been ter and financial specialists, being Hazel Croall is Senior Lecturer in largely separated from organised in a position to victimise 'lay* em- Sociology in the Department of crime, except where it can be ployers, employees or consumers Government, University of Strath- represented as 'the Mob' moving (Croall 1999). clyde in on legitimate business - as if ordinary business were always so Reassigning blame legitimate (Nelken, 1997; Ruggiero, 1996). For victims to be As with conventional crime, vic- References: taken seriously, it helps if one also tims are often blamed and may Claybrook, J. (1996) 'Women in the Marketplace' in Szockyj, E. has offenders who can be readily have to contest their status. Con- anathematised. Perceptions of sumers have after all willingly pur- and Fox, J. G. (eds) (1996) Cor- porate Victimization of Women. fraud seriousness (and chased goods and services. Both investigative difficulties) tend to consumers and workers can be Northeastern University Press Croall, H. (1999) 'White Collar trigger: blamed for neglecting safety regu- • policing and prosecution pow- lations and the assumed drunken- Crime' in Davies, P. Frances, P, and Jupp, V. (ed) Invisible Crimes; ers; ness of the Hillsborough victims • investigative resources; and was initially said to have been a their nature and control. London: McMillan • levels of punishment and dis- contributory factor to the disaster ciplinary sanctions. - vehemently denied by victim Finlay, L. (1996) "The Pharmaceu- tical Industry and Women's Repro- groups (Scraton 1999). In litigation Causes and effects surrounding the Dalkon Shield ductive Health'in Szockyj, E. and Conservative as well as Labour women were 'blamed' for being Fox, J. G. (eds) (1996) Corporate governments have accepted that promiscuous and women who re- Victimization of Women. North- eastern University Press company and fraud investigators ceived silicone breast implants for should have considerable powers cosmetic as opposed to medical Levi, M. (1995) 'Serious Fraud in Britain' in Pearce, F. and Snider, in complex cases, although these reasons have been awarded lower have been reined in by the Euro- damages (Finley 1996). Reactions L. (eds) Corporate Crime: Con- temporary Debates. Toronto: Uni- pean Court of Human Rights, but to offences may be stronger where fraud gets modest investigative victims can be seen as 'innocent*. versity of Toronto Press Pearce, F. and Tombs, S. (1998) resources and punishment (Levi, One of the few prosecutions for 1989). Nevertheless, as with other corporate manslaughter followed Toxic Capitalism: Corporate Crime and the Chemical Industry. categories such as violent crime, the drowning of teenagers in Lyme causes and effects of fraud are ex- Dartmouth Socio Legal Studies Bay and reaction may be stronger tremely variable (Levi and Series when passengers rather than work- Pithouse, forthcoming). Its impact Ruggiero, V. (1996) Organized ers are killed as a result of the ne- can take the following forms: glect of safety (Pearce and Tombs and Corporate Crime in Europe: 1998). Offers that can't be refused. Alder- shot: Dartmouth "Fraud gets modest investigative These observations should not 9 be taken to suggest that any par- resources and punishment.'

no. 36 Summer 1999 1. A direct effect on victims' revelations regarding Lloyd's "There are some similarities there with health, sense of well-being, life insurance frauds and the and financial opportunities, as Maxwell collapse, of 'we don't the way that rape victims feel; many exemplified most obviously by want to do business in your fraud and rape victims re-examine 'widows and orphans' frauds country because you allow all minutely whether they 'should have seen such as Barlow Clowes and the these crooks to operate'. Trust Maxwell case, but also by the is an indispensable it coming'." suppliers of credit, whether precondition of business, these be financial institutions whether it is impersonal justify their own continued accompanies it. Some investors or industrial firms. These between strangers or personal offending and to point up the and depositors in securities scams victims, unlike the victims of between intimates or members injustice of their own treatment and, to a lesser extent, BCCI, were investment frauds by firms of one's own ethnic group. compared with that of the elite. concerned that other people saw authorised under the Financial Outside the 'widows and them as greedy speculators who Services Act, receive no Loss of legitimacy in both the orphans' cases, there are 'market 'deserved what they got' because compensation at all when they political and criminal justice offences' such as insider trading, they were 'going for rates (hat were are defrauded. In the case of systems as a result of (a) a whose effects are fairly abstract, higher than the market and there frauds committed against sense of betrayal in that being directed more at the has to be a greater risk if you are developing countries, this can reasonable expectations of principle of protecting the integrity getting a higher return'. In other have an inhibiting effect upon system integrity in 'popular of information supplied to the cases, such as Barings or Barlow economic and social capitalism' have not been met, market than at harms to any Clowes, where victims think that development, not least through and (b) popular perceptions particular individuals (especially they are in particularly low risk the massive theft of (whose accuracy varies in to any 'ordinary' individuals). This investments, the shock and the development funds by leaders. different societies and over sometimes leads to complaints that impact are especially great. Barlow time) that there is 'one law for what is being prosecuted is not (or Clowes investors repeatedly stated 2. A direct effect on the sense of the rich and another for the ought not to be) criminal at all; it to me: 'the newspaper adverts security of members of the poor', and that those with is simply adult commercial stated that the firm was 'safe as the public or other business friends in high places are behaviour (even if the other party Bank of England*. Even though people, as in the Nick untouchable for financial was deceived about what it was there was no objective basis for Leeson/Barings Bank misconduct of a much wider consenting to!). their feeling this way, many scandal, and investments/ scope than those which investors in a variety of schemes retirement cases. Though fraud normally come to court. felt ashamed of having been duped is only one source of economic Emotional effects of and because others might regard devastation, we have only to This has had particularly obvious fraud them as 'greedy'; this is one factor look at recent developments in effects in Third World countries Another important dimension to Russia, Albania and, in a that also discourages reporting to but, arguably, Italy and Japan have the impact of fraud is the victim the authorities. There are some different way, Nigeria to see been badly hit by this de- self-blame and shaming that often that both the experience and legitimation, and fear of fraud can harm there are media widespread sections of society. and public cries Even in advanced industrial for 'tough justice' countries, with wider share for elite offenders ownership and increased need in countries such for private provision for old as China. In 1997, age and ill health, the almost 40 per cent proportion of the population of the Chinese who are affected by fraud, or People's who can imagine themselves Congress voted to as being affected, is much reject the higher than it used to be. Large-scale fraud, in other Procurator's words, is no longer just 'rich annual report, people's business' and this fits, partly because of or ought to fit,int o the political resentment that agenda of New Labour, cases such as Liberal Democrats and Chen Xi-Tong, Conservatives alike (though ex-Mayor of one would not think so, to look Beijing, had not at the policing resources been prosecuted. devoted to it). This is evidence of the importance of popular 3. Loss of business in legitimation. international capital markets as Moreover, this a result of (a) increased alleged class bias insecurity about compensation is often used by in the event of fraud, and (b) 'ordinary' more intangible factors, such offenders, from as the stance taken by some burglars to credit Swiss bankers, aftei card fraudsters, to

no. 36 Summer 1999 "For older people frauds can destroy the majority of crime victims). Yet contrary to the view that the police happiness permanently, just as readily as are the handmaidens of corporate any other crime such as mugging or a capital, institutional victims more serious burglary." receive marginal police or even governmental interest in the UK, except where their losses are similarities there with the way that goods voluntarily, and because the system-threatening, which they rape victims feel; many fraud and loss of their financial cushion seldom are. This in turn makes rape victims re-examine minutely makes meaningless all their fraud an attractive option for those whether they 'should have seen it lifelong savings and sacrifices. The criminals who have the skills and coming' and whether their failure sense of personal betrayal, of nerve required to commit it. ^^ to have done so somehow makes abused trust, was an almost it their fault rather than that of the universal theme among the offender(s). (Alternatively, some individual victims whom I Dr. Michael Levi, Professor of just put it down to experience and interviewed yet, unlike many other Criminology, Cardiff University. try to forget what happened.) victims, they are not treated as are These effects can be very long most other crime victims. Apart term, even where investors are from where, as in the Maxwell References: compensated. People new to pension fund case, they had no Levi, M. (1989) 'Fraudulent investments may not absorb the control over their victimisation, justice? Sentencing the business financial warnings when they are there is ambivalent sympathy for criminal', in P. Carlen and D. Cook buying what they regard as safe them. If they were denied the (eds.), Paying for Crime, Milton investments, or those investments opportunity to pursue their Keynes: Open University Press. may be completely fictitious; not grievances through the criminal Levi, M. and Pithouse, A. only does fraud lead to broken justice system, this would (forthcoming) White-Collar Crime dreams, it also closes off contribute to their sense of and its Victims, Oxford: opportunities which, once passed, alienation and self-blame. Clarendon Press. are irrecoverable. For older people, Institutional victims are in a Nelken, D. (1997) 'White-Collar vulnerable anyway to loss of slightly different position. In some Crime' in M. Maguire et al., The confidence in themselves, frauds cases, were they to spend more Oxford Handbook of Criminology, can destroy happiness money on fraud prevention, they Oxford: Oxford University Press. permanently, just as readily as any could have avoided becoming Ruggiero, V. (1996) Organised other crime such as mugging or a victims (though whether that and CcvppnMf C/iws iv more serious burglary. Indeed, expenditure would have been cost- Aldershot: Dartmouth. more so, because victims know effective is another matter, and this that they have supplied funds or counter-argument could apply to

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CJITI no. 36 Summer 1999