CRIMINAL LAW 1. Ahmed T. Ghandour.

CRIMES OF POWERFUL.

WHAT IS A CRIME OF POWERFUL?

DEFINITION.  Crimes of powerful:  Crimes committed by rich and powerful fall into three board categories:  White-collar crimes, state or government crimes, and organized crime.  One common thread these categories share, is the use and abuse of position, influence, power and trust to gain personal advantage. Even without the obvious use of violence, acts of deception and guile ( مكر ), have harmful results on the public  They may be perpetrated by whole corporations and corporate elites or state bodies and state representatives.

TYPES OF CRIMES OF POWERFUL.

1. WHITE-COLLAR CRIMES.

WHAT IS A 'WHITE-COLLAR CRIME ?  A white-collar crime is a non-violent crime that is committed by someone, typically for financial gain.  The typical white-collar criminal is an office worker, business manager, fund manager or executive. Forensic accountants, auditors.  It defines:  Acts of an individual committed during the course of the person’s work, where deception, suppression and breach of trust are used to obtain money and gain privilege or to avoid losing money and privilege.

 Examples of white-collar crimes include; corporate crime, securities fraud (the misrepresentation of investment information), embezzlement (misuse of funds), corporate fraud (dishonest and/or illegal actions by a company employee or executive) and money laundering (giving criminally-obtained funds the appearance of having a legitimate source).  White collar crime is punishable by fine, imprisonment or both.

CORPORATE CRIME.  Illegal acts or omissions that are the result of deliberate decision making or culpable (guilty) negligence within a legitimate formal organisation.  Examples include: financial crimes (corporate fraud), crimes against consumers, crimes associated with employment relationships (including those related to employee safety), crimes against the environment.

WHAT IS A CORPORATE FRAUD CRIME?

 Corporate fraud consists of activities undertaken by an individual or company that are done in a dishonest or illegal manner, and are designed to give an advantage to the perpetrating individual or company.  Corporate fraud schemes go beyond the scope of an employee's stated position, and are marked by their complexity and economic impact on the business, other employees and outside parties.

OCCUPATIONAL CRIME.  Occupational crime refers to a crime committed by someone during the course of his or her employment. Also known as workplace crime, occupational crime encompasses a wide variety of criminal acts including theft (or embezzlement), money laundering, and the misuse of company property or information.  The illegal conduct in occupational crimes originates in the employee's access to company data, property, or funds. For example, if an accountant at a large manufacturing business purposefully withholds information about company revenue from the Internal Revenue Service, the accountant has committed corporate tax fraud. In this scenario, the accountant has committed an occupational crime-- he has used his access to sensitive company information (i.e., revenue reports)

 Occupational crime is not only limited to business professionals in the private sector -- the corruption of government officials is also considered to constitute occupational crime.  Occupational crime may also be industry specific.  For example, a power plant that discards waste into streams in violation of environmental regulations has committed an occupational crime.

2. STATE OR GOVERNMENT CRIMES. ( CRIMES IN THE CORRIDORS )

WHAT ARE STATE CRIMES?

FORMS OF STATE CRIMES.  Forms of criminality that are committed by states and governments in order to further a variety of domestic and foreign policies. State crime can be seen as falling into four main categories :  1. Political criminality, including: corruption, intimidation, censorship.  2. Criminality associated with security and police forces, including: war making, genocide, ethnic cleansing, torture, terrorism.  3. Criminality associated with economic activities, including: monopolisation practices, health and safety violations, illegal collaboration with multinational corporations.  4. Criminality at cultural and societal levels, including: material immoderation of sections of the community, institutional racism, cultural vandalism.

THE ISRAELI WARS AGAINST THE PALESTINIANS.

GREEN OR ENVIRONMENTAL CRIMES.

3. ORGAISED CRIME.

DEFINITION.  Organized crime is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals who intend to engage in illegal activity, most commonly for money and profit.  Some criminal organizations, such as terrorist groups, are politically motivated.  Sometimes criminal organizations force people to do business with them, such as when a gang extorts money from shopkeepers for so-called "protection”.  Gangs may become disciplined enough to be considered organized.  A criminal organization or gang can also be referred to as a mafia, mob, or crime syndicate; the network, subculture and community of criminals may be referred to as the underworld

A SIMPLE DEFINITION.  Orgaised Crime:  The control, organization and distribution of illegal goods and serveries on national and international scale.

WHEN DOSE CRIME BECOME “ORGANIZED”?  Criminal acts such as murder, drug trafficking, prostitution, and money laundering become organized when they are conducted and controlled in a systemic way by groups of individuals on a national and international scale.  Criminal behavior is organized when the crime relies on the cooperation of a network of individuals who have beneficial relationship.