Actors or activities? On the social construction of "white-collar crime" in the United States

Crime, Law and Social Change

Volumn 37, Issue 3, 2002, Pages 245-276

  Griffin, Sean Patrick ^a  

^a CLEMSON UNIVERSITY   (United States)

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[No Author keywords available]

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EID: 0036298808     PISSN: 09254994     EISSN: 15730751     Source Type: Journal    
DOI: 10.1023/A:1015029710490     Document Type: Review

References (220)

1. Edwin H. Sutherland, White-Collar Crime: The Uncut Version (New Haven: Yale University Press, 1983) p. 7.
2. Margaret E. Beare and R.T. Naylor, "Major Issues Relating to Organized Crime: Within the Context of Economic Relationships," paper prepared for the Law Commission of Canada, April 1999, p. 5 (available @www.lcc.gc.ca/en/papers/rapport/nathan/nathan.html).
3. Thomas J. Bernard, "Twenty Years of Testing Theories: What Have We Learned and Why," Journal of Research in Crime and Delinquency Nov. 1990 (27:4), 328-329.
4. U.S. Senator Max Cleland to Securities and Exchange Commission Chairman Arthur Levitt, Jr., September 22, 1997, before the United States Senate, Permanent Subcommittee on Investigations (PSI) of the Committee on Governmental Affairs, in Fraud in the Micro-Capital Markets Including Penny Stock Fraud (Washington, D.C.: U.S. Government Printing Office [GPO], 1997) p. 18.
5. Robert L. Frick and Mary Lynne Vellinga, Keys to Risks and Reward of Penny Stocks (New York: Barron's, 1990) p. 7.
6. Sean Patrick Griffin and Alan A. Block, "PennyWise: Accounting for Fraud in the Penny Stock Industry," in Henry N. Pontell and David Shichor (eds.), Contemporary Issues in Crime and Criminal Justice: Essays in Honor of Gilbert Geis (Upper Saddle River, NJ: Prentice-Hall, 2000) p. 100. See David Ratner, Securities Regulation In a Nutshell (St. Paul, Minnesota: West Publishing, 1978); and North American Securities Administrators Association, The NASAA Report on Fraud and Abuse in the Penny Stock Industry, submitted to the U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Telecommunications and Finance, September 1989.
7. Sean Patrick Griffin and Alan A. Block, "PennyWise: Accounting for Fraud in the Penny Stock Industry," in Henry N. Pontell and David Shichor (eds.), Contemporary Issues in Crime and Criminal Justice: Essays in Honor of Gilbert Geis (Upper Saddle River, NJ: Prentice-Hall, 2000) p. 100. See David Ratner, Securities Regulation In a Nutshell (St. Paul, Minnesota: West Publishing, 1978); and North American Securities Administrators Association, The NASAA Report on Fraud and Abuse in the Penny Stock Industry, submitted to the U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Telecommunications and Finance, September 1989.
8. Sean Patrick Griffin and Alan A. Block, "PennyWise: Accounting for Fraud in the Penny Stock Industry," in Henry N. Pontell and David Shichor (eds.), Contemporary Issues in Crime and Criminal Justice: Essays in Honor of Gilbert Geis (Upper Saddle River, NJ: Prentice-Hall, 2000) p. 100. See David Ratner, Securities Regulation In a Nutshell (St. Paul, Minnesota: West Publishing, 1978); and North American Securities Administrators Association, The NASAA Report on Fraud and Abuse in the Penny Stock Industry, submitted to the U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Telecommunications and Finance, September 1989.
9. These tactics are frequently referred to as "boiler room" operations. See Robert J. Stevenson, The Boiler Room and Other Telephone Sales Scams (Urbana and Chicago: University of Illinois Press, 1998).
10. U.S. Senate, PSI Fraud in the Micro-Capital Markets Including Penny Stock Fraud, p. 2. Also see Griffin and Block, pp. 102-103.
11. U.S. Senate, PSI Fraud in the Micro-Capital Markets Including Penny Stock Fraud, p. 2. Also see Griffin and Block, pp. 102-103.
12. See U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Telecommunications and Finance, Hearings: Penny Stock Market Fraud (1989).
13. Robert F. Kennedy, The Pursuit of Justice (New York: Harper & Row, 1964) p. 51. Also see "Organized Crime - Securities: Thefts and Frauds," Hearings Before the Permanent Subcommittee on Investigations of the Committee on Government Operations, United States Senate (Sen. Henry M. Jackson, Chair), 1973-1974 (Washington, DC: GPO, 1974).
14. Robert F. Kennedy, The Pursuit of Justice (New York: Harper & Row, 1964) p. 51. Also see "Organized Crime - Securities: Thefts and Frauds," Hearings Before the Permanent Subcommittee on Investigations of the Committee on Government Operations, United States Senate (Sen. Henry M. Jackson, Chair), 1973-1974 (Washington, DC: GPO, 1974).
15. U.S. House of Representatives, Hearings: Penny Stock Market Fraud, p. 111.
16. Jeff Brown, "Bob Brennan's Beguiling Ways," The Philadelphia Inquirer, August 8, 2000, Business section, p. 1.
17. Ben Stein, "Should Sleazy Stockbrokers Get Off on a Technicality?" New York March 14, 1994 (27:11), 22-27.
18. See, for example, the work of the following writers: John T Ward, Newark (N.J.) Star-Ledger; Michael L. Diamond, Asbury Park (N.J.) Press; Eric J. Savitz, Barron's; Richard L. Stern, Forbes; and Maureen Castellano, New Jersey Law Journal.
19. See, for example, the work of the following writers: John T Ward, Newark (N.J.) Star-Ledger; Michael L. Diamond, Asbury Park (N.J.) Press; Eric J. Savitz, Barron's; Richard L. Stern, Forbes; and Maureen Castellano, New Jersey Law Journal.
20. See, for example, the work of the following writers: John T Ward, Newark (N.J.) Star-Ledger; Michael L. Diamond, Asbury Park (N.J.) Press; Eric J. Savitz, Barron's; Richard L. Stern, Forbes; and Maureen Castellano, New Jersey Law Journal.
21. See, for example, the work of the following writers: John T Ward, Newark (N.J.) Star-Ledger; Michael L. Diamond, Asbury Park (N.J.) Press; Eric J. Savitz, Barron's; Richard L. Stern, Forbes; and Maureen Castellano, New Jersey Law Journal.
22. See, for example, the work of the following writers: John T Ward, Newark (N.J.) Star-Ledger; Michael L. Diamond, Asbury Park (N.J.) Press; Eric J. Savitz, Barron's; Richard L. Stern, Forbes; and Maureen Castellano, New Jersey Law Journal.
23. Brennan has contributed to a variety of politicians, campaigns and parties. See Abby Goodnough, "A Financier Who Gave to Both Sides," The New York Times, June 25, 1995, section 13NJ, 7.
24. Peter Nulty, "The Stock Jockey Riding First Jersey," Fortune March 3, 1984 (109), 114.
25. Pete Axhelm, "Brennan Bets a Track," Sports Illustrated June 10, 1985 (105), 44.
26. U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, A Staff Report: Securities Activities of First Jersey Securities, Inc., and Robert Brennan, Owner and Former Chairman (December 1987) p. 2.
27. Marilee Loboda Braue, "Brennan's wide web of brokerage links," Bergen Record, August 21, 1994, B1.
28. I b i d.
29. Securities and Exchange Commission, Wolf Financial Group Inc., Form 10-K, SEC File Number 0-12221, Filed September 29, 1996, p. 44.
30. Caroline Nolan, "Penny Stock Prosecution Yields $71 Million," The American Lawyer, September 1995, p. 37. The quote is from Mark Kreitman, SEC assistant chief litigation counsel in the SEC's enforcement division.
31. I b i d.
32. United States District Court for the Southern District of New York, Securities and Exchange Commission, Plaintiffs, -v- First Jersey Securities, Inc., and Robert E. Brennan, Defendants, 85 Civ. 8585 (RO), 890 F. Supp. 1185, June 1995, p. 39. This ruling, including the judge's findings of fact, is by far the single-most comprehensive account of Brennan's activities up until that time.
33. Ibid., p. 36.
34. Ibid., p. 35. Also see Sharon Walsh, "Penny Stock Figure Fined $71.5 Million: SEC Says Robert Brennan Defrauded Thousands at First Jersey Securities," The Washington Post, June 21, 1995, Financial, p. F1; and John T. Ward," Jail is Possible when Brennan Returns to Court," Newark Star-Ledger, May 24, 2000, p. 1.
35. Ibid., p. 35. Also see Sharon Walsh, "Penny Stock Figure Fined $71.5 Million: SEC Says Robert Brennan Defrauded Thousands at First Jersey Securities," The Washington Post, June 21, 1995, Financial, p. F1; and John T. Ward," Jail is Possible when Brennan Returns to Court," Newark Star-Ledger, May 24, 2000, p. 1.
36. Ibid., p. 35. Also see Sharon Walsh, "Penny Stock Figure Fined $71.5 Million: SEC Says Robert Brennan Defrauded Thousands at First Jersey Securities," The Washington Post, June 21, 1995, Financial, p. F1; and John T. Ward," Jail is Possible when Brennan Returns to Court," Newark Star-Ledger, May 24, 2000, p. 1.
37. Maureen Castellano, "Turning Trash Into Cash: Its $75M Award in Hand, SEC Joins Feeding Frenzy in Brennan Bankruptcy," New Jersey Law Journal, December 23, 1996, 29.
38. Maureen Castellano, "Brennan Files Chapter 11," New Jersey Law Journal, August 14, 1995, 7.
39. Dan Weissman, "Federal Judge Orders Trustee to Take Control of Penny-Stock King's Empire," The Star Ledger, June 7, 1997.
40. John T. Ward, "Brennan's Oldest Link Remains Strong," Asbury Park Press, March 3, 1996, p. 3; and Castellano, "Turning Trash Into Cash," p. 29. The figures were from 1991-1994, and Brennan and the authorities routinely disagreed about the real figure.
41. John T. Ward, "Brennan's Oldest Link Remains Strong," Asbury Park Press, March 3, 1996, p. 3; and Castellano, "Turning Trash Into Cash," p. 29. The figures were from 1991-1994, and Brennan and the authorities routinely disagreed about the real figure.
42. Castellano, "Turning Trash Into Cash," p. 29.
43. United States of America before the Securities and Exchange Commission, In the Matter of First Jersey Securities, Inc, and Robert E. Brennan, Administrative Proceeding File No. 3-8699, May 29, 1998 and June 1, 1998. See Dow Jones Newswire, "Judge Bars Brennan From Future Activity in Securities Industry," Wall Street Journal, June 1, 1998, B9C.
44. United States of America before the Securities and Exchange Commission, In the Matter of First Jersey Securities, Inc, and Robert E. Brennan, Administrative Proceeding File No. 3-8699, May 29, 1998 and June 1, 1998. See Dow Jones Newswire, "Judge Bars Brennan From Future Activity in Securities Industry," Wall Street Journal, June 1, 1998, B9C.
45. Jeffrey Gold, "Brennan Settles on Lifetime Ban," Bergen Record, June 28, 1999.
46. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
47. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
48. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
49. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
50. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
51. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
52. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
53. See Ward, "Jail is Possible," "Brennan Puts Off Jail With Deal," Newark Star-Ledger, May 26, 2000, "Pursued Brennan Facing Eviction," May 28, 2000, "Brennan Condo Will Go On Trial," May 31, 2000, "Double Trouble for Mogul Brennan," August 2, 2000, "An Elusive Fund is Riding to the Rescue," August 13, 2000, "Court Defers Bid to Jail Brennan," August 15, 2000, "Brennan, In Court, Denies Bankruptcy Fraud," September 19, 2000. Also, United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. Robert E. Brennan, Defendant-Appellant, 230 F.3d 65; 2000 U.S. App. LEXIS 26890, Docket No. 00-6128, October 26, 2000.
54. On Rooney, Pace and the links to First Jersey (and to other penny-stock firms), see Matthew Schifrin, "Blinder, Robinson - Blind 'em and rob 'em," Forbes, April 20, 1987, p. 33. Also see Alan A. Block and Sean Patrick Griffin, "Crooked Lawyers, Tax Evasion and Securities Fraud: Bank on It," paper presented to the Annual Meeting of the American Society of Criminology, San Francisco, California, November 2000 (available from the author).
55. On Rooney, Pace and the links to First Jersey (and to other penny-stock firms), see Matthew Schifrin, "Blinder, Robinson - Blind 'em and rob 'em," Forbes, April 20, 1987, p. 33. Also see Alan A. Block and Sean Patrick Griffin, "Crooked Lawyers, Tax Evasion and Securities Fraud: Bank on It," paper presented to the Annual Meeting of the American Society of Criminology, San Francisco, California, November 2000 (available from the author).
56. On Rooney, Pace and the links to First Jersey (and to other penny-stock firms), see Matthew Schifrin, "Blinder, Robinson - Blind 'em and rob 'em," Forbes, April 20, 1987, p. 33. Also see Alan A. Block and Sean Patrick Griffin, "Crooked Lawyers, Tax Evasion and Securities Fraud: Bank on It," paper presented to the Annual Meeting of the American Society of Criminology, San Francisco, California, November 2000 (available from the author).
57. Though Brennan and Pace worked many deals together, one of the stocks manipulated by them became legendary - Sequential Information Systems (or SIS). See Gary Weiss, "The Sad Saga of a Penny-Stock Company," Business Week, May 15, 1989, Finance, 124.
58. "Rooney Pace gets capital" Crain's New York Business, November 3, 1986, p. 28. Also see "SEC Censures Rooney, Pace," New York Times, November 15, 1986, p. 49; Richard L. Stern, "Incompetence Inc.," Forbes, December 1, 1986, p. 38; Stern, and Michael Fritz, "Where were the cops," Forbes, April 6, 1987, p. 60; and Stern and Matthew Schifrin, "Crime wave - 'Robbing a bank's no crime compared to owning one!' Bertolt Brecht," Forbes, June 29, 1987, p. 67.
59. "Rooney Pace gets capital" Crain's New York Business, November 3, 1986, p. 28. Also see "SEC Censures Rooney, Pace," New York Times, November 15, 1986, p. 49; Richard L. Stern, "Incompetence Inc.," Forbes, December 1, 1986, p. 38; Stern, and Michael Fritz, "Where were the cops," Forbes, April 6, 1987, p. 60; and Stern and Matthew Schifrin, "Crime wave - 'Robbing a bank's no crime compared to owning one!' Bertolt Brecht," Forbes, June 29, 1987, p. 67.
60. "Rooney Pace gets capital" Crain's New York Business, November 3, 1986, p. 28. Also see "SEC Censures Rooney, Pace," New York Times, November 15, 1986, p. 49; Richard L. Stern, "Incompetence Inc.," Forbes, December 1, 1986, p. 38; Stern, and Michael Fritz, "Where were the cops," Forbes, April 6, 1987, p. 60; and Stern and Matthew Schifrin, "Crime wave - 'Robbing a bank's no crime compared to owning one!' Bertolt Brecht," Forbes, June 29, 1987, p. 67.
61. "Rooney Pace gets capital" Crain's New York Business, November 3, 1986, p. 28. Also see "SEC Censures Rooney, Pace," New York Times, November 15, 1986, p. 49; Richard L. Stern, "Incompetence Inc.," Forbes, December 1, 1986, p. 38; Stern, and Michael Fritz, "Where were the cops," Forbes, April 6, 1987, p. 60; and Stern and Matthew Schifrin, "Crime wave - 'Robbing a bank's no crime compared to owning one!' Bertolt Brecht," Forbes, June 29, 1987, p. 67.
62. "Rooney Pace gets capital" Crain's New York Business, November 3, 1986, p. 28. Also see "SEC Censures Rooney, Pace," New York Times, November 15, 1986, p. 49; Richard L. Stern, "Incompetence Inc.," Forbes, December 1, 1986, p. 38; Stern, and Michael Fritz, "Where were the cops," Forbes, April 6, 1987, p. 60; and Stern and Matthew Schifrin, "Crime wave - 'Robbing a bank's no crime compared to owning one!' Bertolt Brecht," Forbes, June 29, 1987, p. 67.
63. Block and Griffin, "Crooked Lawyers," p. 28.
64. Maureen Castellano, "A Going Out-of-Business Sale in Name Only?" New Jersey Law Journal, November 20, 1995, 1.
65. Barbara Marsh, "Walnut Capital: Savvy Big Brother for Entrepreneurs," Crain's Chicago Business, January 4, 1988.
66. I b i d.
67. See Burton W. Kanter to Forbes reporter Graham Button, "Letter," June 4, 1991, pp. 1-2.
68. Frances A. McMorris, "Former Owner of Rooney Pace Indicted in Fraud," Wall Street Journal, November 10, 1998, B12.
69. Gretchen Morgenson, "Ex-Broker Faces Broader Federal Charges," New York Times, September 3, 1999, Section C, 2.
70. Gretchen Morgenson, "Brokerage Firm Executive Pleads Guilty in Fraud Case," The New York Times, September 9, 2000.
71. Gretchen Morgenson, "Lawyer Pleads Guilty to Securities Fraud, " The New York Times, May 28, 1999, C4.
72. Securities and Exchange Commission, EdgarPlus®, Advanced Voice Technologies, Inc., Form 10-K, November 8, 1996, p. 58.
73. Mike Madden, "Two Who Pitched Stocks on Internet are Killed Execution-Style," The Philadelphia Inquirer, October 28, 1999; Diana B. Henriques, "Stock Slayings Call Attention to Brutal Turn in White-Collar Crime," The New York Times, November 2, 1999; Gina Edwards, "A.S. Goldmen: Gangland-Style Killings Rock Stock World," Naples (Fla.) Daily News, November 7, 1999; Josh Margolin and John T. Ward, "Killings Hint at a Grisly Message," Newark Star-Ledger, November 10, 1999. The most comprehensive analysis is in Bill Alpert, "Dead Men Do Talk: What a Murder Victim Told Barron's About Skullduggery on Wall Street," Barron's November 8, 1999 (79), 19-20.
74. Mike Madden, "Two Who Pitched Stocks on Internet are Killed Execution-Style," The Philadelphia Inquirer, October 28, 1999; Diana B. Henriques, "Stock Slayings Call Attention to Brutal Turn in White-Collar Crime," The New York Times, November 2, 1999; Gina Edwards, "A.S. Goldmen: Gangland-Style Killings Rock Stock World," Naples (Fla.) Daily News, November 7, 1999; Josh Margolin and John T. Ward, "Killings Hint at a Grisly Message," Newark Star-Ledger, November 10, 1999. The most comprehensive analysis is in Bill Alpert, "Dead Men Do Talk: What a Murder Victim Told Barron's About Skullduggery on Wall Street," Barron's November 8, 1999 (79), 19-20.
75. Mike Madden, "Two Who Pitched Stocks on Internet are Killed Execution-Style," The Philadelphia Inquirer, October 28, 1999; Diana B. Henriques, "Stock Slayings Call Attention to Brutal Turn in White-Collar Crime," The New York Times, November 2, 1999; Gina Edwards, "A.S. Goldmen: Gangland-Style Killings Rock Stock World," Naples (Fla.) Daily News, November 7, 1999; Josh Margolin and John T. Ward, "Killings Hint at a Grisly Message," Newark Star-Ledger, November 10, 1999. The most comprehensive analysis is in Bill Alpert, "Dead Men Do Talk: What a Murder Victim Told Barron's About Skullduggery on Wall Street," Barron's November 8, 1999 (79), 19-20.
76. Mike Madden, "Two Who Pitched Stocks on Internet are Killed Execution-Style," The Philadelphia Inquirer, October 28, 1999; Diana B. Henriques, "Stock Slayings Call Attention to Brutal Turn in White-Collar Crime," The New York Times, November 2, 1999; Gina Edwards, "A.S. Goldmen: Gangland-Style Killings Rock Stock World," Naples (Fla.) Daily News, November 7, 1999; Josh Margolin and John T. Ward, "Killings Hint at a Grisly Message," Newark Star-Ledger, November 10, 1999. The most comprehensive analysis is in Bill Alpert, "Dead Men Do Talk: What a Murder Victim Told Barron's About Skullduggery on Wall Street," Barron's November 8, 1999 (79), 19-20.
77. Mike Madden, "Two Who Pitched Stocks on Internet are Killed Execution-Style," The Philadelphia Inquirer, October 28, 1999; Diana B. Henriques, "Stock Slayings Call Attention to Brutal Turn in White-Collar Crime," The New York Times, November 2, 1999; Gina Edwards, "A.S. Goldmen: Gangland-Style Killings Rock Stock World," Naples (Fla.) Daily News, November 7, 1999; Josh Margolin and John T. Ward, "Killings Hint at a Grisly Message," Newark Star-Ledger, November 10, 1999. The most comprehensive analysis is in Bill Alpert, "Dead Men Do Talk: What a Murder Victim Told Barron's About Skullduggery on Wall Street," Barron's November 8, 1999 (79), 19-20.
78. "Newspaper says First Jersey not making money for customers," United Press International, April 13, 1986. There are no page numbers for the business cycle (BC) of the wire service.
79. NASAA, p. 57.
80. Matthew Purdy, "Brennan's Paper Empire," Philadelphia Inquirer, April 13, 1986, p. 2. Also see, "Newspaper says First Jersey not making money for customers." Ten months after his murder, Derber's freighter, the Night Train, was seized in The Bahamas carrying 54 tons of Colombian marijuana, then the largest marijuana seizure in history.
81. Griffin and Block, p. 105.
82. See William R. Amlong and partick Riordan, "Witness Murdered," Miami Herald, April 18, 1978, 1.
83. Chris Welles, "What's Behind Bob Brennan's Sudden Exit at First Jersey," Business Week, August 18, 1986, 88.
84. Maureen Castellano, "Noting Conflict with Seton Hall, Brennan Judge Recuses Himself," New Jersey Law Journal, October 9, 1995, p. 1. Seton Hall University is located in East Orange, New Jersey.
85. Allyson Lee Moore, "Riccio's Charm Helps Win Over Critics," New Jersey Law Journal, July 5, 1990, 1.
86. Petillo eventually left the priesthood and also became the chief executive officer of Blue Cross and Blue Shield of New Jersey. See Tim O'Brien, "Whipple Leaves Firm; Takes Seton Hall With Him," New Jersey Law Journal, May 1, 1995.
87. Securities and Exchange Commission, Proxy Statement, Primedex Health Systems, Inc., May 9, 1994, pp. 2-3.
88. Matthew J. Dowling, "Brennan faces $150 million suit in fraud charges," Setonian, October 5, 1995, @www.shu.edu/depts/setonian/1995-96/oct05/bren1.html.
89. See United States Bankruptcy for the District of New Jersey, In re: Robert E. Brennan, Debtor In re: First Jersey Securities, Inc., Debtor. Case No. 95-35502, Chapter 11, Case No. 95-35503, Chapter 11, 187 B.R. 135; Bankr LEXIS 1403, September 29, 1995.
90. See United States Bankruptcy for the District of New Jersey, In re: Robert E. Brennan, Debtor In re: First Jersey Securities, Inc., Debtor Case No. 95-35502, Chapter 11, Case No. 95-35503, Chapter 11, 187 B.R. 135; Bankr LEXIS 1403, September 29, 1995.
91. Castellano, "Noting Conflict with Seton Hall," p. 1.
92. Maureen Castellano, "Brennan Keeps Counsel as A.G. Pursues Overseas Funds," New Jersey Law Journal, August 28, 1995, p. 1. Also see Castellano, "Trustee Seeks to Oust Robinson, St. John in Brennan Bankruptcy," August 21, 1995, p. 1.
93. Maureen Castellano, "Brennan Keeps Counsel as A.G. Pursues Overseas Funds," New Jersey Law Journal, August 28, 1995, p. 1. Also see Castellano, "Trustee Seeks to Oust Robinson, St. John in Brennan Bankruptcy," August 21, 1995, p. 1.
94. Maureen Castellano, "Brennan Wins Another Round in Bankruptcy Court," New Jersey Law Journal, September 1995, 8.
95. John T. Ward, "Edison, N.J., Accountant Seized in Stock Scheme," Newark Star Ledger, September 28, 1999.
96. On money laundering in St. Kitts and Nevis, see Alan A. Block and Sean Patrick Griffin, "Narcotics and Money Laundering in the Leeward Islands: Focus on Sint Maarten, St. Kitts and Antigua," Journal of Contemporary Criminal Justice November 1999 (15:1), 397-420.
97. Gaito's accounting firm - Mortenson and Associates, P. C. was also involved in "transactions in which Brennan transferred $16,750,000 to Swiss bank accounts." See United States Bankruptcy Court for the District of New Jersey, In re: Robert E. Brennan, Debtor In re: First Jersey Securities, Inc., Debtor. Case No. 95-35502, Chapter 11, Case No. 95-35503, Chapter 11, filed September 29, 1995.
98. See Matthew Futterman, "As Brennan's assets unravel, another ton of bricks awake," Philadelphia Inquirer, March 2, 1997, D12.
99. For instance, Riccio is listed as the sole trustee of Brennan's Family Investment Trust. SEC, Proxy Statement, Primedex Health Systems, Inc., p. 3. On the trusts, see Griffin and Block, p. 109.
100. For instance, Riccio is listed as the sole trustee of Brennan's Family Investment Trust. SEC, Proxy Statement, Primedex Health Systems, Inc., p. 3. On the trusts, see Griffin and Block, p. 109.
101. Castellano, "Brennan Keeps Counsel," p. 1.
102. Mike Claffey, "Scam Trial Hits Snags: Jury Deadlocked on Money-Wash," Daily News (N.Y.), December 8, 2000, Business, 102.
103. Gretchen Morgenson, "NASD 1, Investors 0" Forbes July 15, 1996 (158:2), 14.
104. I b i d.
105. Claffey, "Scam Trial Hits Snags," p. 102. Also, Associated Press, "Mistrial Declared in Stock Fraud," New York Times online @www.nytimes.com/aponline/business/AP-Stock-Fraud-Trial.html, December 7, 2000.
106. Claffey, "Scam Trial Hits Snags," p. 102. Also, Associated Press, "Mistrial Declared in Stock Fraud," New York Times online @www.nytimes.com/aponline/business/AP-Stock-Fraud-Trial.html, December 7, 2000.
107. Ken Rankin, "SEC Levels New Charges Against Moore Stephens," Accounting Today, June 21, 1999.
108. For a comprehensive itemization of these relationships, see United States of America, Securities and Exchange Commission, In the Matter of Moore Stephens, PC., Linda F. O'Donnell, CPA, and Angelo J. Coppolino, CPA, Respondents, Administrative Proceeding File No. 3-9903, May 19, 1999. Also see SEC, In the Matter of Dennis M. Gaito, CPA, Administrative Proceeding File No. 3-9904, May 19, 1999; and SEC, In the Matter of Charles E. Falk, CPA, Administrative Proceeding File No. 3-9902, May 19, 1999.
109. For a comprehensive itemization of these relationships, see United States of America, Securities and Exchange Commission, In the Matter of Moore Stephens, PC., Linda F. O'Donnell, CPA, and Angelo J. Coppolino, CPA, Respondents, Administrative Proceeding File No. 3-9903, May 19, 1999. Also see SEC, In the Matter of Dennis M. Gaito, CPA, Administrative Proceeding File No. 3-9904, May 19, 1999; and SEC, In the Matter of Charles E. Falk, CPA, Administrative Proceeding File No. 3-9902, May 19, 1999.
110. For a comprehensive itemization of these relationships, see United States of America, Securities and Exchange Commission, In the Matter of Moore Stephens, PC., Linda F. O'Donnell, CPA, and Angelo J. Coppolino, CPA, Respondents, Administrative Proceeding File No. 3-9903, May 19, 1999. Also see SEC, In the Matter of Dennis M. Gaito, CPA, Administrative Proceeding File No. 3-9904, May 19, 1999; and SEC, In the Matter of Charles E. Falk, CPA, Administrative Proceeding File No. 3-9902, May 19, 1999.
111. Henry Gottlieb, "Former Partner's Suit Stirs Ire at Robinson, Wayne," New Jersey Law Journal, June 21, 1990, 1.
112. O'Brien, "Whipple Leaves His Firm," p. 4.
113. See note 88, containing the precise amount of shares each held in Primedex.
114. Richard L. Stern, "But Where Are The Cops?" Forbes October 26, 1992 (150:10), 164.
115. Henry Gottlieb, "Brennan's Other Big Gambit," New Jersey Law Journal, March 28, 1994, p. 1. The relationship dates back at least to 1982. See Stuart Auerbach, "SEC Hearing on First Jersey Fraud Case Halted; Government Lost Defense Records, Fast-Growing Brokerage Firm Claims," The Washington Post, October 5, 1982, Business & Finance, p. D7.
116. Henry Gottlieb, "Brennan's Other Big Gambit," New Jersey Law Journal, March 28, 1994, p. 1. The relationship dates back at least to 1982. See Stuart Auerbach, "SEC Hearing on First Jersey Fraud Case Halted; Government Lost Defense Records, Fast-Growing Brokerage Firm Claims," The Washington Post, October 5, 1982, Business & Finance, p. D7.
117. United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. First Jersey Securities, Inc. and R Robert E. Brennan, Defendants-Appellants, 101 F.3d 1450; 1996 U.S. App. LEXIS 31866, Docket Nos. 95-6192, 95-6194, December 10, 1996. See Castellano, "Turning Trash Into Cash," p. 29.
118. United States Court of Appeals for the Second Circuit, Securities and Exchange Commission, Plaintiff-Appellee, v. First Jersey Securities, Inc. and R Robert E. Brennan, Defendants-Appellants, 101 F.3d 1450; 1996 U.S. App. LEXIS 31866, Docket Nos. 95-6192, 95-6194, December 10, 1996. See Castellano, "Turning Trash Into Cash," p. 29.
119. Maurice Punch, Dirty Business: Exploring Corporate Misconduct, Analysis and Cases (London: Sage, 1996) p. 254.
120. Welles, "What's Behind Bob Brennan's," p. 88; and Castellano, "A Going Out-of-Business Sale," p. 1.
121. Welles, "What's Behind Bob Brennan's," p. 88; and Castellano, "A Going Out-of-Business Sale," p. 1.
122. Jane Sasseen, "So They've Finally Bagged Bob Brennan. Or Have They?" Business Week, July 10, 1995, 40.
123. Maureen Castellano, "Brennan Co-Defendant Attacks Securities Law," New Jersey Law Journal, October 9, 1995, p. 9. Also see her "Against Brennan, Best Offense is a Good Defense," New Jersey Law Journal, November 20, 1995, 1.
124. Maureen Castellano, "Brennan Co-Defendant Attacks Securities Law," New Jersey Law Journal, October 9, 1995, p. 9. Also see her "Against Brennan, Best Offense is a Good Defense," New Jersey Law Journal, November 20, 1995, 1.
125. Castellano, "A Going Out-of-Business Sale," p. 1.
126. Castellano, "Brennan Co-Defendant Attacks," p. 9.
127. Stein, "Should Sleazy Brokers," p. 22. The "prominent securities lawyer" is Daniel J. Mogin.
128. Michael L. Diamond, "Federal Judge Delays Fraud, Money Laundering Trial of Colts Neck, N.J. Man," Asbury Park (N.J.) Press, January 12, 2001.
129. Ibid. See United States District Court, District of New Jersey, United States of America: Hon. Garrett E. Brown, Jr. v. Robert E. Brennan (Cr. No. 00-490), "Superseding Indictment," November 1, 2000; and Jeffrey Gold, "Former Penny Stock Mogul Brennan Faces More Money Laundering Charges," Bergen Record, December 21, 2000.
130. Ibid. See United States District Court, District of New Jersey, United States of America: Hon. Garrett E. Brown, Jr. v. Robert E. Brennan (Cr. No. 00-490), "Superseding Indictment," November 1, 2000; and Jeffrey Gold, "Former Penny Stock Mogul Brennan Faces More Money Laundering Charges," Bergen Record, December 21, 2000.
131. Ibid. See United States District Court, District of New Jersey, United States of America: Hon. Garrett E. Brown, Jr. v. Robert E. Brennan (Cr. No. 00-490), "Superseding Indictment," November 1, 2000; and Jeffrey Gold, "Former Penny Stock Mogul Brennan Faces More Money Laundering Charges," Bergen Record, December 21, 2000.
132. John Braithwaite, "Conceptualizing Organizational Crime in a World of Plural Cultures," in Pontell and Shichor, p. 17.
133. Gilbert Geis and Colin Goff in Sutherland, White-Collar Crime, p. xiii.
134. See, for example, Herbert A. Bloch and Gilbert Geis, Man, Crime and Society second edition (New York: Random House, 1970); Marshall B. Clinard and Richard Quinney, Criminal Behavior Systems: A Typology second edition (Cincinnati: Anderson, 1986). For comprehensive reviews of the many variations on this theme, see James William Coleman, The Criminal Elite: Understanding White-Collar Crime (New York: St. Martin's Press, 1998), especially pp. 11-12; and David O. Friedrichs, Trusted Criminals: White-Collar Crime in Contemporary Society (Belmont, CA: Wadsworth, 1996).
135. See, for example, Herbert A. Bloch and Gilbert Geis, Man, Crime and Society second edition (New York: Random House, 1970); Marshall B. Clinard and Richard Quinney, Criminal Behavior Systems: A Typology second edition (Cincinnati: Anderson, 1986). For comprehensive reviews of the many variations on this theme, see James William Coleman, The Criminal Elite: Understanding White-Collar Crime (New York: St. Martin's Press, 1998), especially pp. 11-12; and David O. Friedrichs, Trusted Criminals: White-Collar Crime in Contemporary Society (Belmont, CA: Wadsworth, 1996).
136. See, for example, Herbert A. Bloch and Gilbert Geis, Man, Crime and Society second edition (New York: Random House, 1970); Marshall B. Clinard and Richard Quinney, Criminal Behavior Systems: A Typology second edition (Cincinnati: Anderson, 1986). For comprehensive reviews of the many variations on this theme, see James William Coleman, The Criminal Elite: Understanding White-Collar Crime (New York: St. Martin's Press, 1998), especially pp. 11-12; and David O. Friedrichs, Trusted Criminals: White-Collar Crime in Contemporary Society (Belmont, CA: Wadsworth, 1996).
137. See, for example, Herbert A. Bloch and Gilbert Geis, Man, Crime and Society second edition (New York: Random House, 1970); Marshall B. Clinard and Richard Quinney, Criminal Behavior Systems: A Typology second edition (Cincinnati: Anderson, 1986). For comprehensive reviews of the many variations on this theme, see James William Coleman, The Criminal Elite: Understanding White-Collar Crime (New York: St. Martin's Press, 1998), especially pp. 11-12; and David O. Friedrichs, Trusted Criminals: White-Collar Crime in Contemporary Society (Belmont, CA: Wadsworth, 1996).
138. See Freda Adler, Gerhard O.W. Mueller and William S. Laufer, Criminology (Boston: McGraw-Hill, 1991);
139. See Freda Adler, Gerhard O.W. Mueller and William S. Laufer, Criminology (Boston: McGraw-Hill, 1991); Joel Samaha, Criminal Justice fifth edition (Belmont, CA: Wadsworth, 2000); James A. Inciardi, Criminal Justice third edition (Orlando: Harcourt Brace Jovanovich, 1990); and John E. Conklin, Criminology fifth edition (Needham Heights, MA: Allyn & Bacon, 1995).
140. See Freda Adler, Gerhard O.W. Mueller and William S. Laufer, Criminology (Boston: McGraw-Hill, 1991); Joel Samaha, Criminal Justice fifth edition (Belmont, CA: Wadsworth, 2000); James A. Inciardi, Criminal Justice third edition (Orlando: Harcourt Brace Jovanovich, 1990); and John E. Conklin, Criminology fifth edition (Needham Heights, MA: Allyn & Bacon, 1995).
141. Joel Samaha, Criminal Justice fifth edition (Belmont, CA: Wadsworth, 2000); James A. Inciardi, Criminal Justice third edition (Orlando: Harcourt Brace Jovanovich, 1990); and John E. Conklin, Criminology fifth edition (Needham Heights, MA: Allyn & Bacon, 1995).
142. For example, see Adler et al., p. 285; Samaha, p. 49; and Inciardi, p. 97. Conklin (p. 78) interestingly states that "stock and securities fraud and theft, which may involve corporate executives, brokerage houses, and even organized crime figures, fit the definition of white-collar crime."
143. For example, see Adler et al., p. 285; Samaha, p. 49; and Inciardi, p. 97. Conklin (p. 78) interestingly states that "stock and securities fraud and theft, which may involve corporate executives, brokerage houses, and even organized crime figures, fit the definition of white-collar crime."
144. For example, see Adler et al., p. 285; Samaha, p. 49; and Inciardi, p. 97. Conklin (p. 78) interestingly states that "stock and securities fraud and theft, which may involve corporate executives, brokerage houses, and even organized crime figures, fit the definition of white-collar crime."
145. "Brennan, First Jersey fined $71 million," The Atlanta Journal and Constitution, June 21, 1995, p. 3E; the quote - "the Johnny Appleseed of massive penny-stock fraud" - was by SEC lawyer Thomas Newkirk.
146. Michael Levi, Regulating Fraud: White-Collar Crime and the Criminal Process (York: Tavistock, 1987) p. 277.
147. Roger M. Olien and Diana Davids Olien, Easy Money: Oil Promoters and Investors in the Jazz Age (Chapel Hill: The University of North Carolina Press, 1990), p. 74, note that the SEC has historically valued "the promotion of disclosure more than the punishment of fraud."
148. Susan P. Shapiro, Wayward Capitalists: Target of the Securities and Exchange Commission (New Haven: Yale University Press, 1984), p. 34, found the majority of investors demonstrated "considerable naivete and gullibility-investing."
149. rd edition (Washington, D.C., 1996).
150. Shapiro, p. 152.
151. Susan P. Shapiro, "The Road Not Taken: The Elusive Path to Criminal Prosecutions for White-Collar Offenders," Law and Society Review 1985 (19:2), 182.
152. Shapiro, Wayward Capitalists, pp. 152-166; U.S. Senate, PSI, Committee on Governmental Affairs, Fraud in the Micro-Capital Markets Including Penny Stock Fraud, p. 8.
153. Shapiro, Wayward Capitalists, pp. 152-166; U.S. Senate, PSI, Committee on Governmental Affairs, Fraud in the Micro-Capital Markets Including Penny Stock Fraud, p. 8.
154. National Association of Securities Dealers, Inc., p. 42. Also see Stephen M. Rosoff, Henry N. Pontell, and Robert Tillman, Profit Without Honor: White-Collar Crime and the Looting of America (New Jersey: Prentice Hall, 1998) Chapter 5, pp. 190-225.
155. National Association of Securities Dealers, Inc., p. 42. Also see Stephen M. Rosoff, Henry N. Pontell, and Robert Tillman, Profit Without Honor: White-Collar Crime and the Looting of America (New Jersey: Prentice Hall, 1998) Chapter 5, pp. 190-225.
156. See, for example, U.S. Senate, Committee on Banking, Housing, and Urban Affairs, Improper Activities in the Securities Industry (1987); U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, A Staff Report: Securities Activities of First Jersey Securities, Inc., and Robert Brennan, Owner and Former Chairman (December 1987) ; Securities and Exchange Commission, Penny-Stock Task Force (1988); U.S. House of Representatives, Hearings: Penny Stock Market Fraud (1989); U.S. House of Representatives, Committee on Energy and Commerce, Penny Stock Reform Act (1990).
157. See, for example, U.S. Senate, Committee on Banking, Housing, and Urban Affairs, Improper Activities in the Securities Industry (1987); U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, A Staff Report: Securities Activities of First Jersey Securities, Inc., and Robert Brennan, Owner and Former Chairman (December 1987) ; Securities and Exchange Commission, Penny-Stock Task Force (1988); U.S. House of Representatives, Hearings: Penny Stock Market Fraud (1989); U.S. House of Representatives, Committee on Energy and Commerce, Penny Stock Reform Act (1990).
158. See, for example, U.S. Senate, Committee on Banking, Housing, and Urban Affairs, Improper Activities in the Securities Industry (1987); U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, A Staff Report: Securities Activities of First Jersey Securities, Inc., and Robert Brennan, Owner and Former Chairman (December 1987) ; Securities and Exchange Commission, Penny-Stock Task Force (1988); U.S. House of Representatives, Hearings: Penny Stock Market Fraud (1989); U.S. House of Representatives, Committee on Energy and Commerce, Penny Stock Reform Act (1990).
159. See, for example, U.S. Senate, Committee on Banking, Housing, and Urban Affairs, Improper Activities in the Securities Industry (1987); U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, A Staff Report: Securities Activities of First Jersey Securities, Inc., and Robert Brennan, Owner and Former Chairman (December 1987) ; Securities and Exchange Commission, Penny-Stock Task Force (1988); U.S. House of Representatives, Hearings: Penny Stock Market Fraud (1989); U.S. House of Representatives, Committee on Energy and Commerce, Penny Stock Reform Act (1990).
160. See, for example, U.S. Senate, Committee on Banking, Housing, and Urban Affairs, Improper Activities in the Securities Industry (1987); U.S. House of Representatives, Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, A Staff Report: Securities Activities of First Jersey Securities, Inc., and Robert Brennan, Owner and Former Chairman (December 1987) ; Securities and Exchange Commission, Penny-Stock Task Force (1988); U.S. House of Representatives, Hearings: Penny Stock Market Fraud (1989); U.S. House of Representatives, Committee on Energy and Commerce, Penny Stock Reform Act (1990).
161. Shapiro, Wayward Capitalists, p. 154.
162. Ibid., p. 159.
163. Nulty, p. 114.
164. See, for example, Jeffrey Reiman, The Rich Get Richer and the Poor Get Prison: Ideology, Crime, and Criminal Justice fourth edition (Needham Heights, MA: Allyn & Bacon, 1995).
165. Neal Shover and John Paul Wright (eds.), Crimes of Privilege: Readings in White-Collar Crime (New York: Oxford University Press, 2001) p. 361.
166. Michael L. Benson, "Prosecuting Corporate Crime: Problems and Constraints," in Shover and Wright, pp. 381-391. The article is adapted from his Combating Corporate Crime: Local Prosecutors at Work [with Francis T. Cullen] (Boston: Northeastern University Press, 1998).
167. Michael L. Benson, "Prosecuting Corporate Crime: Problems and Constraints," in Shover and Wright, pp. 381-391. The article is adapted from his Combating Corporate Crime: Local Prosecutors at Work [with Francis T. Cullen] (Boston: Northeastern University Press, 1998).
168. Author's interview with former SEC investigator, March 20, 1997.
169. Benson, p. 382.
170. Robert Tillman, Kitty Calavita and Henry Pontell, "Criminalizing White-Collar Misconduct: Determinants of Prosecution in Savings and Loan Fraud Cases," Crime, Law and Social Change 1996 (26:1), 54.
171. Jeffrey Scott McIllwain, "From Tong War to Organized Crime: Revising the Historical Perception of Violence in Chinatown," Justice Quarterly March 1997 (14:14), 29.
172. See Jay Albanese, Organized Crime in America, third edition (Cincinnati: Anderson Publishing, 1996); and Dennis J. Kenney and James O. Finckenauer, Organized Crime in America (Belmont, California: Wadsworth Publishing, 1995).
173. See Jay Albanese, Organized Crime in America, third edition (Cincinnati: Anderson Publishing, 1996); and Dennis J. Kenney and James O. Finckenauer, Organized Crime in America (Belmont, California: Wadsworth Publishing, 1995).
174. McIllwain, p. 52.
175. Frank Hagan, "The Organized Crime Continuum: A Further Specification of a New Conceptual Model," Criminal Justice Review 1983 (8), 52-57.
176. For example, Joseph L. Albini, The American Mafia: Genesis of a Legend (New York: Appleton-Century-Crofts, 1971); Petrus C. Van Duyne, "Organized Crime and Business Crime-Enterprises in the Netherlands," Crime, Law and Social Change 1993 (19:2), 103-142; Dwight Smith, "White-Collar Crime, Organized Crime, and the Business Establishment: Resolving a Crisis in Criminological Theory," in Peter Whickman and Timothy Dailey (eds.), White Collar and Economic Crime (Lexington, MA: Lexington Books, 1982) pp. 23-38; Kitty Calavita and Henry N. Pontell, "Savings and Loan Fraud as Organized Crime," Criminology, November 1993 (31:4), 519-548; and Kitty Calavita and Henry N. Pontell, "Typology of Corporate Illegality," Criminology 1993 (31:4), 519-548.2
177. For example, Joseph L. Albini, The American Mafia: Genesis of a Legend (New York: Appleton-Century-Crofts, 1971); Petrus C. Van Duyne, "Organized Crime and Business Crime-Enterprises in the Netherlands," Crime, Law and Social Change 1993 (19:2), 103-142; Dwight Smith, "White-Collar Crime, Organized Crime, and the Business Establishment: Resolving a Crisis in Criminological Theory," in Peter Whickman and Timothy Dailey (eds.), White Collar and Economic Crime (Lexington, MA: Lexington Books, 1982) pp. 23-38; Kitty Calavita and Henry N. Pontell, "Savings and Loan Fraud as Organized Crime," Criminology, November 1993 (31:4), 519-548; and Kitty Calavita and Henry N. Pontell, "Typology of Corporate Illegality," Criminology 1993 (31:4), 519-548.
178. For example, Joseph L. Albini, The American Mafia: Genesis of a Legend
179. For example, Joseph L. Albini, The American Mafia: Genesis of a Legend (New York: Appleton-Century-Crofts, 1971); Petrus C. Van Duyne, "Organized Crime and Business Crime-Enterprises in the Netherlands," Crime, Law and Social Change 1993 (19:2), 103-142; Dwight Smith, "White-Collar Crime, Organized Crime, and the Business Establishment: Resolving a Crisis in Criminological Theory," in Peter Whickman and Timothy Dailey (eds.), White Collar and Economic Crime (Lexington, MA: Lexington Books, 1982) pp. 23-38; Kitty Calavita and Henry N. Pontell, "Savings and Loan Fraud as Organized Crime," Criminology, November 1993 (31:4), 519-548; and Kitty Calavita and Henry N. Pontell, "Typology of Corporate Illegality," Criminology 1993 (31:4), 519-548.
180. For example, Joseph L. Albini, The American Mafia: Genesis of a Legend (New York: Appleton-Century-Crofts, 1971); Petrus C. Van Duyne, "Organized Crime and Business Crime-Enterprises in the Netherlands," Crime, Law and Social Change 1993 (19:2), 103-142; Dwight Smith, "White-Collar Crime, Organized Crime, and the Business Establishment: Resolving a Crisis in Criminological Theory," in Peter Whickman and Timothy Dailey (eds.), White Collar and Economic Crime (Lexington, MA: Lexington Books, 1982) pp. 23-38; Kitty Calavita and Henry N. Pontell, "Savings and Loan Fraud as Organized Crime," Criminology, November 1993 (31:4), 519-548; and Kitty Calavita and Henry N. Pontell, "Typology of Corporate Illegality," Criminology 1993 (31:4), 519-548.
181. Social systems have been used to refer to "the notion that organized crime is a phenomenon recognizable by reciprocal services performed by professional criminals, politicians and clients," Alan A. Block, East Side- West Side: Organizing Crime in New York, 1930-1950 (New Brunswick, New Jersey: Transaction Books, 1983) p. 10.
182. William Chambliss, On the Take: From Petty Crooks to Presidents second edition (Bloomington, Indiana: Indiana University Press, 1988) p. 168.
183. Mark H. Haller, "Organized Crime in Urban Society: Chicago in the Twentieth Century," Journal of Social History (Winter 1971-1972) p. 213.
184. I b i d.
185. Gennaro F. Vito and Ronald M. Holmes, Criminology: Theory, Research, and Policy (Belmont, CA: Wadsworth, 1994) p. 383.
186. Dean J. Champion, Criminal Justice in the United States second edition (Chicago: Nelson-Hall, 1998) p. 30.
187. Alan A. Block and Frank R. Scarpitti, "Defining Illegal Hazardous Waste Disposal: White-Collar or Organized Crime," in Gordon P. Waldo (ed.), Career Criminals: Readings in Organized, Corporate, and Professional Crime (London: Sage, 1983) p. 117.
188. Michael D. Maltz, "On Defining 'Organized Crime," Crime and Delinquency 1976 (22), 338-346.
189. R.T. Naylor, "Mafias, Myths, and Markets: On the Theory and Practice of Enterprise Crime," Transnational Organized Crime Autumn 1997 (3:3), 1-45.
190. Also see, for example, Michael D. Maltz, "Towards Defining Organized Crime," in Herbert E. Alexander and Gerald E. Caiden (eds.) The Politics and Economics of Organized Crime (Lexington, Massachusetts: D.C. Heath, 1985), and Measuring the Effectiveness of Organized Crime Control Efforts (Chicago: Office of International Criminal Justice, University of Illinois, 1990).
191. Also see, for example, Michael D. Maltz, "Towards Defining Organized Crime," in Herbert E. Alexander and Gerald E. Caiden (eds.) The Politics and Economics of Organized Crime (Lexington, Massachusetts: D.C. Heath, 1985), and Measuring the Effectiveness of Organized Crime Control Efforts (Chicago: Office of International Criminal Justice, University of Illinois, 1990).
192. Albini, The American Mafia, pp. 38-49.
193. Gilbert Geis, "Avocational Crime," in Daniel Glaser (ed.), Handbook of Criminology (Chicago: Rand McNally, 1974) p. 256, quoted in Robert F. Meier, "Geis, Sutherland, and White-Collar Crime," in Pontell and Shichor, p. 11.
194. Gilbert Geis, "Avocational Crime," in Daniel Glaser (ed.), Handbook of Criminology (Chicago: Rand McNally, 1974) p. 256, quoted in Robert F. Meier, "Geis, Sutherland, and White-Collar Crime," in Pontell and Shichor, p. 11.
195. Gilbert Geis and Colin Goff, "Introduction," in Edwin H. Sutherland, White-Collar Crime: The Uncut Version (New Haven: Yale University Press, 1983), quoted in Robert F. Meier, "Geis, Sutherland, and White-Collar Crime," in Pontell and Shichor, p 11.
196. Gilbert Geis and Colin Goff, "Introduction," in Edwin H. Sutherland, White-Collar Crime: The Uncut Version (New Haven: Yale University Press, 1983), quoted in Robert F. Meier, "Geis, Sutherland, and White-Collar Crime," in Pontell and Shichor, p 11.
197. This dichotomy was first depicted in Marshall B. Clinard and Richard Quinney, Criminal Behavior Systems: A Typology (New York: Rinehart & Winston, 1973).
198. See Stevenson (p. 214), in which he states "the reason that more is known about the petty thefts conducted by college students (typically shoplifting) than about the social structures that produce systemic fraud is due to a curious lack of sociological interest in how businesses work in the planet's premier business culture."
199. Dwight C. Smith Jr., "Wickersham to Sutherland to Katzenbach: Evolving an 'Official' Definition for Organized Crime," Crime, Law and Social Change 1991 (16:2), 144.
200. Rosoff et al., p. 126.
201. See Kitty Calavita and Henry N. Pontell, "The State and White-Collar Crime: Saving the Savings and Loans," Law & Society Review 1994 (28:2), 297-324; and Marshall B. Clinard, Peter C. Yeager, Jeanne Brissette, David Petrashek and Elizabeth Harries, Illegal Corporate Behavior (Washington, DC: National Institute of Law Enforcement and Criminal Justice, Department of Justice, 1979).
202. See Kitty Calavita and Henry N. Pontell, "The State and White-Collar Crime: Saving the Savings and Loans," Law & Society Review 1994 (28:2), 297-324; and Marshall B. Clinard, Peter C. Yeager, Jeanne Brissette, David Petrashek and Elizabeth Harries, Illegal Corporate Behavior (Washington, DC: National Institute of Law Enforcement and Criminal Justice, Department of Justice, 1979).
203. Sutherland, p. 59.
204. See for example Donald R. Cressey, Theft of a Nation: The Structures and Operation of Organized Crime (New York: Harper & Row, 1969), and the subsequent government responses. On this point, see Joseph L. Albini, "Donald Cressey's Contribution to the Study of Organized Crime: An Evaluation," Crime & Delinquency July 1988 (34:3), 338-354; and Alan A. Block, "History and the Study of Organized Crime," Urban Life: A Journal of Ethnographic Research January 1978 (6), 455-474. Also see Arnold Binder and Virginia Binder, "The Relationship Between Research and Public Policy," in Pontell and Shichor, pp. 33-44.
205. See for example Donald R. Cressey, Theft of a Nation: The Structures and Operation of Organized Crime (New York: Harper & Row, 1969), and the subsequent government responses. On this point, see Joseph L. Albini, "Donald Cressey's Contribution to the Study of Organized Crime: An Evaluation," Crime & Delinquency July 1988 (34:3), 338-354; and Alan A. Block, "History and the Study of Organized Crime," Urban Life: A Journal of Ethnographic Research January 1978 (6), 455-474. Also see Arnold Binder and Virginia Binder, "The Relationship Between Research and Public Policy," in Pontell and Shichor, pp. 33-44.
206. See for example Donald R. Cressey, Theft of a Nation: The Structures and Operation of Organized Crime (New York: Harper & Row, 1969), and the subsequent government responses. On this point, see Joseph L. Albini, "Donald Cressey's Contribution to the Study of Organized Crime: An Evaluation," Crime & Delinquency July 1988 (34:3), 338-354; and Alan A. Block, "History and the Study of Organized Crime," Urban Life: A Journal of Ethnographic Research January 1978 (6), 455-474. Also see Arnold Binder and Virginia Binder, "The Relationship Between Research and Public Policy," in Pontell and Shichor, pp. 33-44.
207. See for example Donald R. Cressey, Theft of a Nation: The Structures and Operation of Organized Crime (New York: Harper & Row, 1969), and the subsequent government responses. On this point, see Joseph L. Albini, "Donald Cressey's Contribution to the Study of Organized Crime: An Evaluation," Crime & Delinquency July 1988 (34:3), 338-354; and Alan A. Block, "History and the Study of Organized Crime," Urban Life: A Journal of Ethnographic Research January 1978 (6), 455-474. Also see Arnold Binder and Virginia Binder, "The Relationship Between Research and Public Policy," in Pontell and Shichor, pp. 33-44.
208. Michael Gottfredson and Travis Hirschi, A General Theory of Crime (Stanford, California: Stanford University Press, 1990) p. 196. The "good research" cited by the authors is Stanton Wheeler, David Weisburd and Nancy Bode, "Sentencing the White Collar Offender," American Sociological Review 1988 (47), 641-659.
209. Michael Gottfredson and Travis Hirschi, A General Theory of Crime (Stanford, California: Stanford University Press, 1990) p. 196. The "good research" cited by the authors is Stanton Wheeler, David Weisburd and Nancy Bode, "Sentencing the White Collar Offender," American Sociological Review 1988 (47), 641-659.
210. Sutherland, pp. 6-7. Also see, for example, Darrell Steffensmeier, "On the Causes of 'White-Collar' Crime: An Assessment of Hirschi and Gottfredson's Claims," Criminology 1989 (27:2), 345-358; and Gary E. Reed and Peter Cleary Yeager, "Organizational Offending and Neoclassical Criminology: Challenging the Reach of a General Theory of Crime," Criminology 1996 (34:3), 357-382.
211. Sutherland, pp. 6-7. Also see, for example, Darrell Steffensmeier, "On the Causes of 'White-Collar' Crime: An Assessment of Hirschi and Gottfredson's Claims," Criminology 1989 (27:2), 345-358; and Gary E. Reed and Peter Cleary Yeager, "Organizational Offending and Neoclassical Criminology: Challenging the Reach of a General Theory of Crime," Criminology 1996 (34:3), 357-382.
212. Sutherland, pp. 6-7. Also see, for example, Darrell Steffensmeier, "On the Causes of 'White-Collar' Crime: An Assessment of Hirschi and Gottfredson's Claims," Criminology 1989 (27:2), 345-358; and Gary E. Reed and Peter Cleary Yeager, "Organizational Offending and Neoclassical Criminology: Challenging the Reach of a General Theory of Crime," Criminology 1996 (34:3), 357-382.
213. Gottfredson and Hirschi, p. 198.
214. Susan Shapiro, "Collaring the Crime, Not the Criminal: Reconsidering the Concept of White-Collar Crime," in Shover and Wright, p. 30. This was adapted from the earlier version that appeared in American Sociological Review June 1990 (55), 346-365. Also see John Braithwaite, "Conceptualizing Organizational Crime in a World of Plural Cultures" in Pontell and Shichor, p. 26.
215. Susan Shapiro, "Collaring the Crime, Not the Criminal: Reconsidering the Concept of White-Collar Crime," in Shover and Wright, p. 30. This was adapted from the earlier version that appeared in American Sociological Review June 1990 (55), 346-365. Also see John Braithwaite, "Conceptualizing Organizational Crime in a World of Plural Cultures" in Pontell and Shichor, p. 26.
216. Susan Shapiro, "Collaring the Crime, Not the Criminal: Reconsidering the Concept of White-Collar Crime," in Shover and Wright, p. 30. This was adapted from the earlier version that appeared in American Sociological Review June 1990 (55), 346-365. Also see John Braithwaite, "Conceptualizing Organizational Crime in a World of Plural Cultures" in Pontell and Shichor, p. 26.
217. Smith, "Wickersham to Sutherland to Katzenbach," p. 136; and Mark H. Haller, "Bureaucracy and the Mafia: An Alternative View," Journal of Contemporary Criminal Justice February 1992 (8:1), 1-10.
218. Smith, "Wickersham to Sutherland to Katzenbach," p. 136; and Mark H. Haller, "Bureaucracy and the Mafia: An Alternative View," Journal of Contemporary Criminal Justice February 1992 (8:1), 1-10.
219. Nikos Passas and David Nelken, "The Thin Line Between Legitimate and Criminal Enterprises: Subsidy Frauds in the European Community," Crime, Law and Social Change April 1993 (19:3), 223, argue that the "distinction between 'organized crime' and 'white-collar' crime be abandoned" and that "the distinction...is hard to sustain on both theoretical and empirical grounds" (p. 238).
220. On this problem as it relates to the greater "white-collar" crime literature, see John Braithwaite, "White-Collar Crime," in Gilbert Geis, Robert F. Meier and Lawrence Salinger (eds.) White-Collar Crime: Classic and Contemporary Views third edition (New York: The Free Press, 1995) pp. 116-142, in which he illustrates that despite a wealth of studies since Sutherland, few and - perhaps no - substantive generalizations can be made regarding who engages in white-collar crime and why.