White collar crime

Presented by B.Dhanya; Gandham Lavanya; M.Mirdhula Mani

white collarcrime

IN other professions

contents

Comparison with organised crime

white collar crime

Project reports

Measures to curb

effects

Causes

Types

Reasons

first case

The Central Bureau of Investigation (CBI) has found a total of 6,533 cases of corruption

Edwin Hardin Sutherland, for the first time in 1939, defined white collar crimes as “crimes committed by people who enjoy the high social status, great repute, and respectability in their occupation”.

WHAT IS WHITE COLLAR CRIME

This case is based on a merchant hiring a carrier to carry bales of wool It made what became known as embezzlement, a crime.

1473 Carrier's case

THE FIRST DOCUMENTED CASE

Reasons for the growth of white collar crimes

Necessity

People also commit white collar crimes to meet their own needs and the needs of their family.

Lack of awareness

Most people are not aware of it and fail to understand that they are the worst victims of crime.

Lack of stringent laws

Laws seem reluctant to pursue these cases as investigating and tracking becomes a difficult and complicated job.

Competition

There will always be a competition between the species, and the best person to adapt himself to the circumstances and conditions should survive.

Easy, swift and prolong effect

The rapid growing technology, business, and political pressure has introduced the criminals to newer ways .

Greed

Why will a man of high social status and importance, who is financially secure, commit such crimes if not out of greed?

IPC- SEC. 403,405,415,463

Bank fraud

By using illegal means to withdraw money or assets from the bank or any financial institution. By falsely representing oneself to be a bank or any financial institution, the person extracts money or assets from people.

TYPES OF WHITE COLLAR CRIMES IN INDIA

TYPES OF bANK FRAUD

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Bank fraud using internet

Three persons from West Bengal and Orissa were alleged for creating a fake website which made fake representation to people regarding job opportunities.

Falsely getting loans approved

Anuj Pandey was arrested by the M.P. Nagar police for producing false documents and obtaining loans from the bank.

Defrauding by means of checks

The timesnownews.com had published a news asking people to beware of fake emails being said to them in the name of RBI (Reserve Bank of India) lottery.

Imitating a financial institution

Sahil Verma and Monu from Haryana were arrested for creating a fake website of State Bank of India and running a racket therein.

IPC- SEC. 171Prevention of Corruption Act, 1988 - Sec.13

Bribery

A person asks for money, or a favor, or something of value in order to get the other person’s work done.

TYPES OF WHITE COLLAR CRIMES IN INDIA

Bribing in an industry

Where a sporting official bribes or is bribed

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TYPES OF BRIBERY

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Bribing bank officials

Where a foreign official bribes or is bribed

Where a witness bribes or is bribed

Where public official bribes or is bribed

Information Technology Act, 2000.

Cybercrime

The crimes which involves the use of computer, coupled with the use of internet are called cybercrime. It is where the computer is used as the object of the crime or as a tool to commit an offence.

TYPES OF WHITE COLLAR CRIMES IN INDIA

TYPES OF cybercrime

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Cyber terrorism

Mark M. Pollitt defines cyber terrorism as, “the premeditated, politically motivated attack against information, computer systems, computer programs, and data which results in violence against noncombatant targets by sub national groups or clandestine agents.”

Cyber Stalking

In 2001, India's first cyberstalking case was reported. Manish Kathuria was stalking an Indian lady, Ms. Ritu Kohli by illegally chatting used obscene and obnoxious language, and distributed her residence telephone number, invited people to chat with her on the phone.

Child pornography

According to a report published in the Times of India in 2019, there has been a total of 10% rise in the cases of child pornography.After the amendment in the POCSO Act in 2012 several provisions have been amended to bring in stringent punishment agaisnt child pornography.

CASES ON cyberTERRORISM

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Former Indian President, Dr. A.P.J. Abdul Kalam has expressed concern over the free availability of sensitive spatial pictures of nations on the internet. He pointed out that the internet could be utilized effectively for gathering information about the groupings of terrorists. According to him, earth observation by “Google Earth” was a security risk to the nation.

In 2002, numerous prominent Indian web sites, notably that of the Cyber Crime Investigation Cell of Mumbai were defaced. Messages relating to the Kashmir issue were left on the home pages of these web sites.

The website of the Bhabha Atomic Research Centre (BARC) at Trombay was hacked in 1998. The hacker’s gained access to the BARC’s computer system and pulled out virtual data.

Maximilian Schmidt.

A teenager actually managed to become one of Germany’s biggest online drug dealers.

Money Laundering Act - Sec.3

Money Laundering

When a person, the launderer, converts his illegal money into legitimate money, and thereby succeeds at hiding his illegally earned money, is said to have committed the crime of money laundering.

TYPES OF WHITE COLLAR CRIMES IN INDIA

CASES ON money laundering

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Five people created a fake account in the Punjab National Bank (PNB), and thereby collected money as personal gains and caused huge loss to PNB. The money laundering case was not held in this case as the offence did not fall under any provision of the Prevention of Corruption Act.

Anosh Ekka was alleged to have been involved in money laundering as, after becoming the minister acquired a huge amount of movable and immovable assets in his name and in the name of his family within a short span of 3 years. The Supreme Court held the accused liable for looting and laundering huge amount of public wealth.

BCCI (Board of Control for Cricket in India) was alleged to have laundered dollar 23 billion by introducing itself into the market of arms and drug smuggling.

IPC- Sec.28

Counterfeiting

Where the imitation of something authentic takes place in order to steal, destroy or replace somebody’s original work.Three people were caught by the Special Task Force of Kolkata upon finding fake Indian rupees with them whose total face value was rupees 6,50,000.

TYPES OF WHITE COLLAR CRIMES IN INDIA

IPC- Sec.383

Extortion

When one party coerces another party for payment of money, or property or services, he is said to have committed the crime of extortion. A famous actress and model, Cindy Crawford and her husband became a victim of dollar 100,00 extortion case where their daughter’s picture in which she was tied and gagged was to be revealed in the public if the couple did not adhere to the demands of the suspect.

TYPES OF WHITE COLLAR CRIMES IN INDIA

IPC- Sec.464

Forgery

The counterfeiting of checks or securities with the intention of defrauding the other person. A CEO of a news channel, Ravi Prakash in order to misguide the Registrar of companies, had forged the signature of the secretary of the company.

TYPES OF WHITE COLLAR CRIMES IN INDIA

WHITE COLLAR CRIME VS ORGANISED CRIME

VS

White-collar crime does not include violent offences They are generally punishable individually and not as a whole.Lastly, white-collar crimes are generally veiled under corporations or other high-level business.

Organized crime often includes violent offence.They are punishable separately as well as together as racketeering which is a legal term for certain illegal acts carried out as a major aspect of a continuous criminal endeavor. They are hidden under less esteemed fronts such as garbage hauling, licensed gambling, and auto repair shops.

white collar crime in other professions

In Karnataka, two doctors, K.H. Jnanendrappa and K.M. Channakeshava, were charged with making fake medical certification for Abdul Karim Telgi, who was involved in a multicrore stamp paper racket in order to help him get bail on the ground of health issues .

Issuing fake medical certificates, facilitating illegal abortions, selling sample drugs and medicines directly to the patients or to the chemists in India.

White collar crime in medical profession

white collar crime in other professions

In the case of Jacob Mathews, the Supreme Court had said that: in law of negligence, the professionals from different professions like, legal, medical, or architecture, or any other would be held liable for negligence in practicing their profession if that either of the two given conditions are satisfied: a. He did not have the required skill that was needed to be professed and, b. Even if he has the required skills to be professed, he did not exercise the same.

Legal practitioners often for money or other services by their clients, present false evidence, fake witnesses in the court. Legal practitioners with the ministerial support involves in wrongful practices and violate all their ethical standards for some amount of money.

White collar crime in legal profession

white collar crime in other professions

In April 2019, India Today reported that an assistant engineer by the name of S.F. Kakulte was arrested for negligence because of which a bridge had collapsed. Along with Kakulte four other engineers and the chief engineers of Bombay Municipal Corporation were involved in the project.

Engineers, like mining engineers, are often found to be involved in malpractices like providing substandard works and materials and also not maintaining the records or maintaining bogus records.

White collar crime in engineering profession

white collar crime in other professions

It was in 2013 when the Time of India published an article stating that the Gujarat Technological College had been appointing engineers for lecturership were not even qualified with a B. Tech degree. Yogesh Patel, who was a lecturer of Civil Engineering at S.R. Patel Engineering College which is affiliated to Gujarat Technological university, had not even cleared his Bachelor’s degree.

Many private educational institutions involve themselves in false practices like using fictitious documents to and fake details in order to obtain grants from the government to run their institutions.

White collar crime in education

Causes of white collar crime

Sometimes judiciary fails to punish the offenders.

Due to the introduction of people to the internet and digital world and with the advancement of technology.

They are mostly committed by people who are financially secure.Poverty is the main reason for financial and physical duress.

Despite having stringent laws, the administration often fails in implementing.

India is a country that is faced with various problems like starvation ,illiteracy

effects of white collar crime

Loss of confidence

On society

On offenders

On customers

On the employees

On the company

MEASURES TO CURB white collar crimeS

Stringent laws and hefty fine and long term imprisonment should be given to the offenders for committing such crimes.

The electronic and print media should be utilized in the right way to spread awareness about white collar crimes.

Fast track courts and tribunals should be set in all the parts of the country.

Including strict laws into the system.

Ageing officers are well experienced to understand the nature and techniques, but are not able to utilise the technology for tracking the suspect.

Top investigating agencies of the country like the Central Bureau of Investigation, the Enforcement Directorate, the Income-tax Department, needs strengthening.

1. To supervise the work of Delhi Special Police Establishment 2. To direct the Delhi Special Police Establishment in discharging their responsibility given to them under sub-section (1) of section 4 of the Delhi Special Police Establishment Act, 1964.

Role of central vigilance commission

The report on the commission on the prevention of corruption 1964

1. On the recommendations by the Committee on Prevention of Corruption, headed by Shri K. Santhanam, the Central Vigilance Commission was created in 1964. 2. Its function is to address corruption in government offices and to monitor all vigilance under the Central Government.

PROJECT REPORT ON WHITE COLLAR CRIME IN INDIA

The report on LIC Mundra affairs

Pratap Singh Kairon, who was the Chief Minister of Punjab was accused of using wealth to boast his high status of and also of his family at public expense. The Commission exempted him on the ground that a father could not be held liable for actions of his grown-up children. The Commission clarified that a son cannot be stopped from carrying out a business of his choice except that the son cannot use his father’s political position and power to exploit others. The petition was therefore dismissed by the court.

Das commission report 1964

1.When Feroze Gandhi finally came to power he questioned whether the newly established Life Insurance Corporation had used premiums from the policyholders. 2. Ultimately a committee was set up which was headed by the retired judge of the Bombay High Court, Justice M.C. Chagla which came to the conclusion that Mundhra be sent to jail on the ground of, as many as 124 prosecutions against him and 113 of them resulting in convictions.

PROJECT REPORT ON WHITE COLLAR CRIME IN INDIA

1.the offence has been committed by the corporation and the punishment includes imprisonment or fine and imprisonment both, the court will have the power to impose on these offender fine only.2.where the offender is the corporation and the punishment for his offence can be either imprisonment and any other punishment other than fine, than in that case the court shall have the power to impose on such offenders fine only. In this section, ‘corporation’ should mean an incorporated company or other body corporate. It would also include firms and other association of individuals.

The Commission recommended the inclusion of the following provisions in the Indian Penal Code, 1860

Law commission 47th report

1.In its 47th report, the Law Commission said that since a corporation does not have a physical body, no pain can be inflicted upon them as a punishment. 2. The Commission found that the real penalty for the corporation would be to experience a curtailment in their reputation.

PROJECT REPORT ON WHITE COLLAR CRIME IN INDIA

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