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TABLE OF CONTENTS

Part 1
INTRODUCTION
1.1 Definition of White Collar-crime
1.2 Historical Background

Part 2

CAUSES OF WHITE COLLAR-CRIME

2.1 The Nature Of White - Collar Crime

2.2 Causes Of White - Collar Crime
2.3 Types Of White - Collar Crime
2.4 Some Character about White - Collar Crime
2.5 The Evolution Of White Collar Crime In Bangladesh
2.6 Classifying White-Collar Crime
Part 3
DIFFERENT OF WHITE - COLLAR CRIME IN INDIA AND BANGLADESH
3.1 White - Collar Crime in India
3.2 White - Collar Crime in Bangladesh
Part 4
PREVENTION OF WHITE COLLAR CRIME
4.1 White-collar crime in Bangladesh Penal Code
4.2 Punishment
4.3 Why don’t White Collar Criminals go to Jail?
4.4 How can we prevent white collar crimes?

Part 5
CONCLUTION
5.1 Recommendations
5.2 Concluding words

REFERENCES
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Part 1
INTRODUCTION
1.1 Definition of White Collar-crime

The term "white-collar crime" refers to financially motivated, nonviolent or non-directly

violent crime committed by individuals, businesses and government professionals.

Reportedly coined in 1939, the term white-collar crime is now synonymous with the full range of
frauds committed by business and government professionals.1

The motivation behind these crimes is financial—to obtain or avoid losing money, property, or
services or to secure a personal or business advantage. These are not victimless crimes.

"White collar crime are committed by person of status, not for need but for greed" Sir Walter
reckless

The definition of offense-based crimes was given by Herbert Edelhertz in the early 1970s He
defined white-collar crime as an illegal act or series of illegal acts committed by non-physical
means and by concealment or guile to obtain business or to obtain personal advantage
(Edelhertz, 1970).2

1.2 Historical Background3

 The American sociologist Edwin Sutherland first coined the phrase "White - Collar
Criminality", which he described as a 'crime committed by a person of respectability &
high social status, in the course of his occupation.
 In 1872 the Albert Morris refers to a paper entitled 'Criminal capitalists' which was read
by Edwin C. Hill before the International congress on the prevention & Repression of
crime at London.
 In 1934, Again Morris drew attention to the necessity of a change in emphasis regarding
crime. He arrested that anti-Social activities of persons of high status committed in course
of their profession must be brought with the category of crime and should be made
punishable.
1
https://www.fbi.gov/investigate/white-collar crime
2
https://www.legalserviceindia.com/legal/article-3811-white-collar-crimes.html
3
White Collar crimes a study of emerging trends in India by Aqueeda Khan
https://www.scribd.com/document/393197360/19-Summary
 Page |3

 Finally, E.H. Sutherland through his pioneering Work emphasized that these Upper
Worked' crimes which are committed by the persons of upper Socio-economic groups in
course of their occupation - violating the trust Should be termed as "White Collar Crime"
So as to be distinguished from traditional crime which he called " Blue Collar Crime"
 And the concept of White Collar Crimes found its place in criminology for the first time
in 1941.

Part 2

CAUSES OF WHITE COLLAR-CRIME

2.1 The Nature of White - Collar Crime

By its nature, white-collar crime is non-physical, covert and immediate in impact (Edelhertz,

1970).

A white-collar crime is a non-violent crime where the primary motive is typically financial
in nature. White-collar criminals usually occupy.

2.2 Causes of White - Collar Crime

These crimes are committed because the offender often makes himself believe that white collar
crimes are not really crimes. However, it is certainly not true. White collar crimes are always
thought of as financial crime but certain types of white-collar crimes have physical effects also. 4

2.3 Types of White - Collar Crime

There are many types of white collar crimes, but the following are the most common:

 Corporate Fraud.
 Embezzlement.
 Ponzi Schemes.
 Extortion.
 Bankruptcy Fraud.

4
White collar crime
https://bit.ly/3zwKwfl
 Page |4

2.4 Some Character about White - Collar Crime5

 Deliberate acts motivated by profit

 Corporate Culture: Criminogenic: Differential Association
 Element of Learning, Peer support, Rationalization and Neutralization
 Victimization: Diffuse
 Lack of reporting and defining
 Civil vs. Criminal violations
 Sociological category
 Sanctions: small fine, big payoffs

2.5 The Evolution of White Collar Crime in Bangladesh

In Bangladesh white collar crimes are on the rise. Here politics has criminalized and corruption
has taken strong hold. Transparency International (TI), a German based non-governmental
organization, has identified Bangladesh as the most corrupt country in the world for consecutive
five years. But in 2013 it increased and positioned 14. People of upper socio-economic class,
ruling elites and people of different groups are committing white collar crimes in Bangladesh.
They are making huge amounts of money by corruption, manipulation and abuse of power
causing severe detriment to the national economy.6

2.6 Classifying White-Collar Crime

White-collar crime is commonly subdivided into two broad, general categories:

1. Individual crimes

5
White collar PDF
https://www.scribd.com/document/389258097/white-collar-pdf
6
The Evolution Of White Collar Crime In Bangladesh,
https://edubirdie.com/examples/the-evolution-of-white-collar-crime-in-bangladesh/#:~:text=People%20of%20upper
%20socio%2Deconomic,detriment%20to%20the%20national%20economy
 Page |5

Individual crimes are financial crimes committed by an individual or a group of

individuals. An example of an individual white-collar crime is a Ponzi scheme.

2. Corporate crimes

Some white-collar crime occurs on a corporate level.

Part 3

DIFFERENT OF WHITE - COLLAR CRIME IN INDIA AND BANGLADESH

3.1 White - Collar Crime in India

The Business Standard on 22.11.2016 published a report titled ‘The changing dynamics of white
collar crime in India’ stating that in the last 10 years, the Central Bureau of Investigation (CBI)
has found a total of 6,533 cases of corruption out of which 517 cases were registered in the past
two years. 7

3.2 White - Collar Crime in Bangladesh

Bangladesh is not the out of victim of white collar crime, rather this type of crime lead the
country into a higher corrupted country in the world from 2001 to 2005 correspondingly. Here
the politicians who hold the power are mostly criminalized and corrupted.

Transparency international (TI) give a report on public survey that the most corrupted side of
Bangladesh are "political party and police (93%), and then judicial side (89%). Moreover, the
other corrupted sides are parliament (88%), govt administration (84%), private side (83%),
media (60%), education (55%), NGO (39%) and religious organizations (32%).

Part 4
PREVENTION OF WHITE COLLAR CRIME

4.1 White-collar crime in Bangladesh Penal Code

7
White - Collar Crime in India
https://blog.ipleaders.in/white-collar-crimes/
 Page |6

White-Collar Crime comprises bribery, corruption, counterfeiting, forgery, cybercrimes, etc.

Though it came to be defined in the 1900s, it cannot be said that it didn’t exist before that.

The Bangladesh Penal Code, 1860, is the earliest overarching and codified criminal law. It too
deals with White Collar Crimes though not explicitly mentioned.

4.2 Punishment

Many crimes which are being regulated by different sections of the Bangladesh Penal Code,
1860. These are here:

Extortion (383, 384 of Bangladesh Penal Code, 1860.) If any person compels someone with
force willingly or with fear to give property or valuable thing to others, then the person
considered to commit extortion. Its punishment will be 3 years imprisonment or fine or with
both.

Dishonestly misappropriation of property (403 of Bangladesh Penal Code, 1860.) If any

person dishonestly misappropriates or converts to his own use any moveable property, he or she
shall be punished with 2 year imprisonment or with fine, or with both.

Criminal breach of trust (405, 406 of Bangladesh Penal Code, 1860.) If any person
dishonestly misappropriates or converts to his own use that property or dishonestly uses or
disposes of that property in violation of any direction of law, then that person is considered to
commit criminal breach of trust. Its punishment will be 3 years imprisonment or fine or with
both.

Cheating (415 of Bangladesh Penal Code, 1860.) If any person fraudulently or dishonestly
induces the person to deliver any property to any person or to give consent to retain any property
or intentionally induces the person to do or omit to do anything which causes damage or harm to
that person in body, mind, reputation or property, then that person is treated to commit cheating.
Its punishment will be 1 year imprisonment or fine or with both.

Forgery (463, 465 of Bangladesh Penal Code, 1860.) Providing that any person makes any false
document or part of a document or with intent to cause damage or injury to the public or to any
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person or with intend to commit fraud, then the person is considered to commit forgery. Its
punishment will be 2 year imprisonment or fine or with both.

Counterfeiting currency-notes or bank-notes (489A of Bangladesh Penal Code, 1860.) On

condition that any person counterfeits or knowingly performs any part of the process of
counterfeiting any currency-note or bank-note, then he or she shall be punished with 10 years
imprisonment or with fine or with both.

Defamation (499 of Bangladesh Penal Code, 1860.) When any person publishes anything which
is not true can bring harm or damage to the person’s goodwill, it is called defamation. Its
punishment will be 2 years imprisonment or fine or with both.

Punishment for Bribery (171E of Bangladesh Penal Code, 1860.) The punishment of bribery
shall be punished 1 year imprisonment or with fine or with both.

Theft (378 of Bangladesh Penal Code, 1860.) If any person intends to take dishonestly any
moveable property out of the possession of any person without that person's consent, then he is
considered to commit theft. Its punishment will be 3 years imprisonment or fine or with both.

4.3 Why don’t White Collar Criminals go to Jail?

White-collar and elite criminals benefit from institutionalized non-enforcement practices,

regulatory policies, and legal representation not available to street criminals. As a result, white-
collar criminals are extremely difficult to apprehend and prosecute, even when they do
tremendous harm to society.8

4.4 How can we prevent white collar crimes?

In a country like Bangladesh where large scale of starvation, mass illiteracy and ignorance,
patronization of such criminals by dirty politics affect the life of people, white collar crimes are
bound to multiply in large proportion. Control of these crimes is a crucial problem for the
criminal justice administration in this country.

8
Why Elite White-Collar Criminals Are Rarely Punished | Psychology Today
https://www.psychologytoday.com/us/blog/wicked-deeds/201704/why-elite-white-collar-criminals-are-rarely-
punished
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Part 5
CONCLUTION

5.1 Recommendations

White collar crime is not only a big problem of our country, it is a big problem globally. That’s
why I trying to discuss white collar crime in Bangladesh perspectives well as in the perspective
of other countries like India.

However, some of the solutions for combating white collar criminality may be as follows-

 Public awareness against these crimes through the media of press, platform and other
audio-visual aids should be created. Intensive legal literacy programmers may perhaps
help in reducing the incidences of white collar criminality to a considerable extent.
 Special tribunals should be constituted with power to award sentence of imprisonment
up to ten years for white collar criminals.
 Stringent regulatory laws and drastic punishment for white collar criminals may help in
reducing these crimes. Even legislations with retrospective operation may be justified for
this purpose.
 White collar offenders should be dealt with sternly by prescribing stiffer punishments
keeping in view the gravity of injury caused to society because of these crimes.
 There is an urgent need for a National Crime Commission which may squarely tackle the
problem of crime and criminality in all its facets.
 The leading Daily Newspapers should publish more articles regarding white collar crime.
 Our government should establish special law to eradicate white collar crime.
 The accountability of Govt. service should also be ensured.
 The tribunals should be separately established.
 New chapter regarding white collar crime should be incorporated in the penal court
including extemporary punishment.
 From childhood, we should teach our children about these crimes to grow consciousness.

Finally, it must be stated that a developing country like Bangladesh where population is fast
escalating, economic offences are increasing by leaps and bound besides the traditional crimes.
 Page |9

5.2 Concluding words

White-collar crime is on the rise and is becoming a growing problem as the world becomes more
technologically advanced. White collar criminals such as leaders in their respective fields. He
often puts himself behind the scenes. The issue of white-collar crime is extremely serious and
should be considered very carefully.

REFERENCES

1. https://www.fbi.gov/investigate/white-collar crime
2. https://www.legalserviceindia.com/legal/article-3811-white-collar-crimes.html
3. White Collar crimes a study of emerging trends in India by Aqueeda Khan
4. https://www.scribd.com/document/393197360/19-Summary
5. White collar crime, https://bit.ly/3zwKwfl
6. White collar PDF, https://www.scribd.com/document/389258097/white-collar-pdf
7. The Evolution Of White Collar Crime In Bangladesh,
https://edubirdie.com/examples/the-evolution-of-white-collar-crime-in-bangladesh/
#:~:text=People%20of%20upper%20socio%2Deconomic,detriment%20to%20the
%20national%20economy
8. White - Collar Crime in India, https://blog.ipleaders.in/white-collar-crimes/
9. Why Elite White-Collar Criminals Are Rarely Punished | Psychology Today,
https://www.psychologytoday.com/us/blog/wicked-deeds/201704/why-elite-white-collar-
criminals-are-rarely-punished