An assessment of sentencing approaches to persons convicted of white-collar crime in South Africa

Assessing court sentencing approaches to persons convicted of white-collar crime is a complex task. For the purposes of this article, this research task involved assessing the appropriateness of sentences imposed within the proportionality principle during the period 2016 to 2021 in South Africa. This further involved the empirical use of both qualitative and quantitative methodologies, in order to determine how commercial courts – in this case, the Bellville Commercial (Regional) Court – impose a sentence on white-collar criminals. The article establishes that, in South Africa, categories of white-collar crime such as corruption, racketeering, fraud and money laundering are increasingly reported by the media, independent institutions and government. There is a public perception that courts are generally lenient in sentencing white-collar offenders. This article aims to determine the appropriateness of a sentence, within the principle of proportionality, for white-collar criminals, in order to deter this type of crime.

White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand

© The Author(s) 2019. Bagaric and Alexander (2014) argue for fundamental reform of the sentencing process for white-collar offenders in Australia and other jurisdictions. This study has two objectives. First, it challenges Bagaric and Alexander’s proposals. Second, using data from cases prosecuted by the New Zealand Serious Fraud Office, it instead proposes that white-collar offenders should not receive more lenient treatment in the justice system due to the privileged position from which the offending commences. This article suggests that an absence of restitution should be considered an aggravating factor, rather than the presence of restitution viewed as a mitigating factor; as an offender’s good character is often an enabler of the offending, this should not be considered as a mitigating factor and as extra-curial punishments, such as reputation damage or loss of future employment opportunities, are short-term for white-collar offenders, there is little justification for reduced sentences and extra-curial punishments can be viewed as a natural corollary of the offending.

White-Collar Crime: The Privileging of Serious Financial Fraud in New Zealand

© The Author(s) 2019. Bagaric and Alexander (2014) argue for fundamental reform of the sentencing process for white-collar offenders in Australia and other jurisdictions. This study has two objectives. First, it challenges Bagaric and Alexander’s proposals. Second, using data from cases prosecuted by the New Zealand Serious Fraud Office, it instead proposes that white-collar offenders should not receive more lenient treatment in the justice system due to the privileged position from which the offending commences. This article suggests that an absence of restitution should be considered an aggravating factor, rather than the presence of restitution viewed as a mitigating factor; as an offender’s good character is often an enabler of the offending, this should not be considered as a mitigating factor and as extra-curial punishments, such as reputation damage or loss of future employment opportunities, are short-term for white-collar offenders, there is little justification for reduced sentences and extra-curial punishments can be viewed as a natural corollary of the offending.

Filling the Gap in White-Collar Crime Detection Between Government and Governance: The Role of Investigative Journalists and Fraud Examiners

This article suggests that investigative journalists in the media and fraud examiners in private investigations have the potential of filling some of the detection gap. Based on the theory of crime signal detection, this article suggests that investigative journalists are in the position of detecting white-collar crime scandals as they rely on tips and whistleblowing. Empirical evidence from Norway documents that the media disclose a significant fraction of crime stories that later result in prosecution and conviction of white-collar offenders. Empirical evidence from Norway does not document any contribution from fraud examiners in private policing of economic crime, as they typically conclude with misconduct, but no crime, often to the satisfaction of their clients.

From the Avalanche to the Game: White-Collar Offenders on Crime, Bonds and Morality

In order to understand the mechanisms that underlie involvement in white-collar crime on a personal level, 26 offenders convicted of a white-collar offence were interviewed. Building on theory and research from white-collar criminology, life-course criminology and moral psychology, findings show that a combination of criminogenic circumstances, weakened social bonds and adjusted moral ideas lead offenders down different pathways into white-collar offending. Although the process of crime involvement seems highly context-dependent in some instances, the interviews indicate that crime involvement is more commonly part of a long-running process, in which social bonds have weakened or moral ideas have been adjusted, which in turn influenced the decision to engage in the white-collar offence. Along with the limitations of the study and the directions for future research, the paper discusses the implications of the findings for white-collar crime research, in particular the complex role of morality in white-collar crime involvement.

Plea Bargain In White-Collar Crimes: An Argumentative Analysis

Plea bargain is a widely practiced and common characteristic in various international legal systems. However, in Pakistan it is rebuked for providing a legitimate outlet to white-collar offenders so they are not only able to clear their names from National Accountability Bureau’s (NAB) investigation, but are also absolved from heavy financial penalization by submitting a meagre amount from their fraudulently acquired wealth. This article aims to study the theory of plea bargain and its origin, based on the theoretical research method of study. A critical analysis of the societal and constitutional implications of article 25 of National Accountability Bureau Ordinance (NAO), 1999 Pakistan, is also done. Coherent arguments are given in favour of retaining the provision of plea bargain while proposing specific guidelines to enhance the transparency of this process.