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Integrity in Public Life and Service
Crime and Punishment - White Collar Crimes
& Economic Offences

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White Collar Crimes & Economic Offences - Part: 2
Types of White Collar Crimes

Category of Crime Description
Advanced Fee Schemes:

Actor induces victim to give him some type of advanced fee in return for a future benefit. The future benefit never occurs and victim never receives the advanced fee back

Airport Scam

Actor approaches victim in an airport stating that the newspaper stand cannot change his one hundred dollar bill and asks the victim for change. Victim provides actor with the change, actor returns to the store to get the one hundred dollar bill back, however, never returns to victim.

Auto Repair:

Actor hangs out around an auto repair shop and approaches victims who leave after getting estimates. Actor claims to do work off duty at a very low cost. Once actor has the car, inferior work is completed and victim cannot get the return of the car until the very high bill is paid.

Check Kiting:

A bank account is opened with good funds and a rapport is developed with the bank. Actor then deposits a series of bad checks but prior to their discovery, withdraws funds from the bank

Coupon Redemption:

Grocery stores amass large amounts of coupons and redeem them to manufacturers when in fact merchandise was never sold

Directory Advertising:

Actor either impersonates sales person from a directory company like the yellow pages or fraudulently sells advertising, which the victim never receives.

Fortune Telling:

Actor advises victim that victim is cursed. Actor advises victim that the curse must be removed. Actor advises that she must meditate to the spirits and will require payment. Over a period of time, victim pays fortuneteller thousands of dollars to remove curse

Gypsies:

Actor states that victim's money is cursed. In order to remove the curse, the money must be placed into a bag or box that the actor provides. The bag or box is switched. Actor advises victim to perform certain rituals over the money and the curse will be removed. The bag or box cannot be opened for a period of time when it is opened, the money is gone

Home Improvement:

Actor approaches a homeowner with a very low estimate for a repair or improvement. Inferior or incomplete work is performed. Once the repairs are completed, actor intimidates the victim to pay a price much greater than the original estimate.

Inferior Equipment

Actors travel around selling inferior equipment such as tools at high prices

Jamaican Switch:

Actor #1 approaches a victim looking for the address of a prostitute. Actor #1 shows a large sum of money to the victim. Actor #2 arrives and tells Actor #1 where he can find the prostitute but cautions on taking all the money as the prostitute might rob him. Actor #1 asks the victim to hold the money for him. Actor #1 puts his money into a handkerchief with the victim's money. Actor #1 shows the victim how to hide the money under his arm, inside his shirt while switching handkerchiefs. Victim takes the handkerchief and the parties split up, however, Actor #1 leaves with victims money

Land Fraud

Actor induces victim to purchase tracks of land in some type of retirement development, which does not exist.

Odometer Fraud:

Unscrupulous used car salesman purchased used cars and turn back the odometers. The used car is sold at a higher price due to its low mileage

Pigeon Drop:

Actor #1 befriends the victim. Actor #2 shows both Actor #1 and victim a "found" package containing a large amount of cash. Actor #1 insists that the found money be divided equally but only after each person puts up his own money to demonstrate good faith. All the money is put in one package and the package is later switched.

Police Impersonation:

Actor tells victim that his bank is being operated by fraudulent bank officers. Actor instructs victim to take money out of bank and place it into a good bank. After the money is withdrawn, the actor allegedly takes the money to the police station for safekeeping. The victim never sees the money again.

Ponzi:

An investment scheme where the actor solicits investors in a business venture, promising extremely high financial returns or dividends in a very short period of time. The actor never invests the money, however, does pay dividends. The dividends consist of the newest investors funds. The first investors, pleased to receive dividends, encourage new investors to invest. This scheme falls apart when the actor no longer has sufficient new investors to distribute dividends to the old investors or the actor simply takes all the funds and leaves the area.

Pyramid:

An investment fraud in which an individual is offered a distributorship or franchise to market a particular product. The promoter of the pyramid represents that although marketing of the product will result in profits, larger profits will be earned by the sale of franchises. For example, if a franchise price is $10,000.00, the seller receives $3,500.00 for every franchise sold. Each new franchise purchaser is presented with the same proposal so that each franchise owner is attempting to sell franchises. Once the supply of potential investors is exhausted, the pyramid collapses. Many times, there are no products involved in the franchise, simply just the exchange of money

Quick Change:

Victim is confused by actor's speedy series of money exchanges and in the end, is short changed.

Shell Game:

Actor #1 manipulates a pea beneath three walnut shells or bottle caps. Actor #1 moves the caps around and shows victim the cap with the pea under it. With the encouragement of another player, also Actor #2, victim places larger and larger bets as to which cap contains the pea. The game is ended by Actor #1 when the take is large enough.

Utilities Impersonators:

Actor impersonates utility employees by wearing jumpsuits with nametags. Actor approaches victim with story about a gas leak or electrical surge to gain entry to the home. Valuables are taken by actor.

VCR Scam:

Actor purports to sell new VCR's or televisions at an extremely low cost due to his connections. Victim pays for the VCR or television only to discover that the box has been filled with rocks.

West African Investment Scams:

Actors target businesses and obtain business' bank account information from which all funds are later withdrawn

(Source: http://www.ckfraud.org/whitecollar.

Crimes by Public Servants or Against Public Servants

The Indian Penal Code, 1860 comprehensively covers criminal law in India. Offences relating to Public Servants are covered in Chapter 9 of the Act. Sections 161 to 165 of the Chapter covering 'corruption in Government and Public Services' have been repealed and replaced by a new legislation, 'Prevention of Corruption Act, 1988. Offences by Public Servants, other than Corruption, are included in this chapter covered by sections 166 to 171... Chapter 10 deals offences that could be committed by other persons in contempt of the lawful authority of Public Servants. In other words this chapter deals with offences against Public Servants, as against Chapter-9, which deals with offences by Public Servants. Public Servants can avail the benefit of provisions in Chapter-10 for the due discharge of their duties.

Offences Relating to infringement of Labour Legislation,
Economic & Taxation Laws

Several social & economic offences are covered under specific legislation intended for special purposes. For example Industrial Labour legislation like 'Employee Provident Fund Act' 'Factories Act', 'Shops & Establishment Act' which not only legislate on matters to be complied with, but also prescribe punishments for their violation. Indian Company Law is a comprehensive legislation. In addition to matters relating to formation and day-to-day management of Limited Companies, it also covers extensively different offences on account of violations or non-compliance of the provisions. Failure to comply with the provisions of these enactment by the employee acting for his organization concerned resulting from negligence or lack of required operating knowledge attracts penal action under these enactment. For example Provident Fund deductions effected from the salaries of individual employees at the time of salary disbursement have to be remitted into the Government Treasury within 7 days of such deductions. Failure to do, will constitute an offence of Criminal Breach Of Trust under section 405 of the IPC. The relevant provisions given by way explanations under this section are quoted as under:

Explanation - A person, being an employer of an establishment whether exempted under section 17 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee's contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.

Explanation 2- A person, being an employer, who deducts the employees' contribution from the wages payable to the employee for credit to the Employees' State Insurance Fund held and administered by the Employees' State Insurance Corporation established under. The Employees' State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.

The punishment for criminal breach of trust is specified in Section 406 of the Act as under:

Punishment for criminal breach of trust

"Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term, which may extend to three years, or with fine, or with both."

Business/Public Organizations should attach prime importance for proper adherence to legal provisions of various enactment applicable to them Professional courses in Finance and Secretarial Practice include extensively the study of Commercial, as also Taxation Laws.

Different enforcement agencies are established to detect and enforce punitive measures for violations of taxation obligations and offences against economic laws. These are dealt with in another chapter.


- - - : ( Safeguards against White Collar Crimes(Frauds) ) : - - -

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