
The criminality of persons in organized crime different from that of conventional criminals because their organization allows them to commit crimes of a different variety [labor racketeering, for example] and on a larger scale [smuggling planeloads of cocaine, for example] than their less organized colleagues. Organization permits a scope of activities unavailable to conventional criminal, while providing a vehicle for criminal interaction and coordination on a regional, national, and international level. The Federal Bureau of Investigation (FBI) defines organized crime “as any group having some manner of a formalized structure and whose primary objective is to obtain money through illegal activities. Such groups maintain their position through the use of actual violence, corrupt public officials, graft, or extortion, and generally have a significant impact on the people in their locales, region, or the country as a whole.” The United Nations Convention Against Transnational Organized Crime (Article 2(a)) states that an “organized criminal group shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offenses established in accordance with this Convention, in other to obtain, directly or indirectly, a financial or other material benefit.” If a particular group of criminals constitutes organized crime and, therefore, needs to be addressed in a way different from the way one would approach terrorist or groups of conventional criminals or a group of persons that forms for the immediate commission of a single offense, law enforcement agencies have research to help them deal with the phenomenon. #RandolphHarris 1 of 20

With seemingly increasingly regularity, we hear about instances in which formal organizations (or the individuals therein) engage in criminal acts. At times, these crimes are directed inward as is the case with acts of employee theft, embezzlement, or corporate or political espionage. Take, for example, Susan McDougal who was accused (but later acquitted) of bilking $150,000 from the failed Whitewater land deal that haunted the Clinton presidency. Robert Philip Hanssen also comes to mind, the FBI agent accused of selling over 6,000 pages of top-secret government materials to the Russians. In other cases, the organizational crimes are directed outward toward specific clients, the competition, or the larger society. The Rodney King case or the assault on Abner Loima (id est, the New York City man who was sodomized with a broomstick by members of the NYPD) stand as high-profile examples of police officers purposely and egregiously violating the human rights of a particular citizen. Another case involving the faculty tread design on Bridetown/Firestone tires provides an example of how unsafe product manufacturing can result in the death of numerous unsuspecting consumers. Antitrust arrangements such as the alleged monopolization of the computer software industry by Microsoft’s Windows program illustrate how free market competition can be stymied and businesses can be forced into an unfair market situation. Broader societal impacts are felt in instances when a government misrepresents itself or betrays the public to achieve military or economic goals. This was the case in the Nazi Holocaust and the Iran-Contra scandal. #RandolphHarris 2 of 20

Similarly, a corporation or rouge employee (id est, doctor or pharmacist) has the ability to enact a scheme that leads to broad-based economic or physical hardship for hundreds, thousands, or even millions of people. This was the case in the savings and loan scandal of the late 1980s, the Enron and World Com accounting fiascos, and the recent story of the Kansas City pharmacist who was diluting chemotherapy drugs for profit. There is a common thread that runs through all of the above-mentioned scenarios—they constitute breaches of trust that emanate from within an organizational entity. Crimes that are committed within the context of complex organizations represent a vexing conceptual category for criminologists. Traditionally, these acts have been aggregated under the heading of white-collar crime. White Collar Crime, may be defined approximately as a crime committed by a person of respectability and high social status in the course of one’s occupation. In the 80 plus years since this statement, scholars have struggled in earnest to reach agreement over the conceptual and behavioral breadth that should be afford to the white-collar crime rubric. Much of this apprehension results from the fact that the subject matter spreads like wild fire. As society advances, someone is always willing and able to exploit the situation through an act of criminal innovation. This means that, today, we must negotiate a host of governmental, corporate, and employee-perpetrated acts that simply did not exist 80 years ago. #RandolphHarris 3 of 20

Criminologist and sociologist alike have repeatedly sought to refine or expand the conceptual landscape of white-collar crime. He notes that some have chosen to expand the original definition to include the occupational offenses of lower states, blue-collar employees. Others have employed any violent or property crime that is committed in the context of organizational influences (id est, the role that organizational norms and directives have on individual actors) into the discussion. We have also seen the development of concepts such as “state crime,” “political crime,” or even the hybrid “state-corporate crime” to allow for a more complete treatment of governmental misconduct. The term crime within complex organizations is meant to refer to any physical or nonphysical illegal act (id est, violent or property offense) that is committed within an organizational context and seeks to further individual or organizational goals, regardless of the social status of that individual or organization. Such a definition subsumes occupational, corporate, organizational, political, and state-corporate crimes under a single conceptual rubric. It is a definition that stresses abuses of trust, not power or social status. This discussion centers most on the roles that organizational norms and opportunities play in shaping the cognitive and behavioral dimensions of criminal behavior. This definition stems from the central premise that all organizations are inherently corrupting. The norms and behaviors that become routinized in these structure can yield a criminogenic environment, one in which the likelihood of a crime occurring is significantly different than it would be if the organizational dimension was removed. The “organizational factor” is said to produce a new layer of analysis that warrants a special conceptual distinction and appreciation. #RandolphHarris 4 of 20

There is a different between organizational occupational crime, state authority occupational crime, professional occupational crimes, and individual occupational crime. Organizational occupational crime incudes any crime that benefits the organizational initiatives. State authority occupational crime focuses on abuses of governmental authority that seek to achieve personal or political interests. Professional occupational crime encompasses all wrongdoing committed by persons who hold some sort of professional status. Individual occupational crime is concerned with garden variety employee thefts perpetrated by lone, nonsalaried perpetrators. As stated, the context in which the criminal act occurs, not the act itself, is our primary focus. As such, any acts (from murder to theft to drug abuse) would fall under this topic as it occurred in an organizational context and stemmed most directly from organization norms and opportunities. This notwithstanding, certain statutory provisions are unique to organizational settings. First, are laws that seek to protect businesses. Beyond simple theft and pilferage statues, embezzlement is the most noteworthy of these statutory provisions. Embezzlement occurs when an individual misappropriates property or money with which one has been entrusted. Legally speaking, the misappropriation is deemed a form of “conversion,” not a “theft by taking,” since the perpetrator has been voluntarily granted access to the materials as part of a trust agreement. The actus reus is the conversion and the mens reus aspect of the crime is the intent to permanently deprive the rightful owner of possession. For example, bank tellers are routinely entrusted with access to cash. If a teller permanently removes money from the bank, he or she is said to have illegally concerted the funds and thus committed embezzlement. #RandolphHarris 5 of 20

There are laws that protect free market competition. Over the course of the past century or so, the U.S.A. Congress has crafted several legislative provisions that outlaw price-fixing, bid-rigging, monopolies, and other threats to fair business competition. Most notable was the Sherman Act of 1890. This piece of legislation criminalized any effort to prevent full and free competition, any business arrangements designed to artificially inflate prices, and/or any restraint on free trade. Congress has since passed the Clayton Act of 1914, and the Robinson-Patman Act and the Celler-Kefauver Act of 1950. Each of these pieces of legislation provides updates and specifications to the legal landscape that was outlined in the Sherman Act. Coleman (1998) further delineates a series of laws that are designed to protect democracy. The most visible of these corruption statues are bribery, perjury, and various tampering offenses. Bribery deems it illegal for any public official (exempli gratia, judge, legislator, police officer) to offer, give, receive, or solicit anything of value to influence or alter an official outcome. Perjury statues make it illegal to make false statements while under oath (American Law Institute, 1962). This crime was thrust into the public arena when former President Clinton was accused of perjuring himself regarding the Monic Lewinski sex scandal. Duress refers to coercion that causes a person to perform an act against his or her will. Duress is an important concept in both civil and criminal law that recognizes that a person who is acting without free will should not be held responsible for the conduct. #RandolphHarris 6 of 20

In contract law, legal duress can invalidate a contact signed by a party. The rationale is that the formation of the contract was not undertaken freely and voluntarily. In other words, there was not a true meeting of the minds. Duress exists when a person has been wrongfully forced or coerced into entering the contract. Physical coercion and threats of harm are common examples of conduct that constitute duress. Another form of conduct that might constitute duress includes wrongfully withholding a party’s property, or threatening to wrongfully withhold the property until a contract is signed. Duress can also be a defense in criminal law. In essence, the concept is that a defendant charged with a crime can be excused for his or her actions if they were committed under duress or coercion, as defined by the law. The defendant normally must show that the defendant’s actions were reasonable under the circumstances and based upon the fear of immediate serious harm. Tampering statues make it illegal for an individual to alter or impede official proceedings or investigations. Political corruption can take on a wide variety of forms and the U.S.A. Congress has enacted numerous pieces of legislation to safeguard democracy. For example, the Federal Corrupt Practice Act of 1925 and the Federal Election Campaign Act of 1971 seek to regulate election process and campaign contributions. Similarly, the Foreign Corruption Practices Act of 1979 sough to put a stop to “international payoffs, bribes, kickbacks, gifts, and political contributions” that came to light in the Watergate scandal that rocked the Nixon administration. #RandolphHarris 7 of 20

There exist laws that seek to protect the public from being victimized by organizational entities. These include legal measures that safeguard consumers, workers, and the environment. Prosecutors often invoke fraud statues to protect consumers against unsavory business entities. These efforts might target cases of consumer fraud (a bogus company or “Ponzi or pyramid scheme” taking money from consumers for substandard or non-existent product or service), fraud in the professions (healthcare organizations or other professional entities overcharging clients), or financial fraud (banks or bankers making illegal loans or engaging in forbidden accounting practices). Federal prosecutors have at their disposal specific legislative provisions and acts that they can use in their fight against organization-based fraud; for example, they can utilize provisions of the Consumer Product Safety Act of 1972 in cases involving product safety. They also have at their disposal specific pieces of legislation that have been enacted to protect the consumers of a particular type of good or service. For example, the Pure Food and Drug Act and the Meat Inspection Act of 1906 impose standards on the production, marketing, and preparation of food products and medications. Similarly, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as well as the Crime Control Act of 1990, contains provisions that allow prosecutors to act against the illegal practices of banks and financial institutions. #RandolphHarris 8 of 20

Another example would be the National Traffic and Motor Vehicle Safety Act of 1966, which imposes regulatory standards on the automobile industry. Similarly, the Insider Trading and Securities Fraud Enforcement Act which deems it illegal to compromise the fair value and trading of corporate stocks. Resourceful federal prosecutors have even been known to use the 1970 Racketeering Influenced and Corrupt Organizations (RICO) Act to pursue white-collar criminals. Originally intended for use against organized crime, prosecutors have begun to exploit certain provisions in the statue. Namely, a person or organization can be subject to stiff RICO sanctions (25-year prison term per count and forfeiture of corrupt assets) if it can be shown that this person or organization used any form of enterprise to engage in a pattern of racketeering. A pattern exists if two acts of racketeering are committed within a 10-year period. There is a laundry list of federal and state crimes that constitute racketeering, including such predicate crimes as murder, kidnapping, robbery, arson, extortion, obstruction of justice, mail, and wire fraud, securities fraud, and (the recently added) financial institutions fraud. This is a thumbnail sketch of the vast legal landscape which allows for criminal charges to be brought against persons or organizations that harm the public, democracy, or the free enterprise system. In addition to these sanctions, aggrieved parties are always given the option of seeking financial compensation via civil action. This is often the preferred course of action, because most crimes within complex organizations, especially those of the corporate or organizational crime variety, pose a serious legal dilemma for the criminal court system. #RandolphHarris 9 of 20

Most notably, one must establish that a criminal responsibility exists. The question becomes: Can a corporation or complex organization commit a crime? Our legal system has traditionally thought of a “crime” to be an offense that occurs between two or perhaps three persons. Crimes that occur within complex organizations are often collective in nature (id est, committed by the company or dozens of its employees) and do not make it easy for external authorities to identify a short list of suspects. Prosecutors are rarely able to convince judges and juries that corporate executives should be held criminally responsible for their behaviors. High-prices corporate lawyers and “happy capitalists” on the jury predictably produce acquittals for accused executives and corporations. This, in turn, leads to follow-up civil actions that seek to hit the executives and corporations in what stands as their only exposed legal area—their wallets. In an organized crime group, violence is a readily available and routinely accepted resource. Access to private violence is an important dimension that allows the group to actively purse its goals. The use of violence is not restricted by ethical considerations but controlled only practical limitations. An organized criminal group eschews competition. It strives for hegemony over a particular geographical area (a metropolitan area or section of a city), a particular “industry,” legitimate or illegitimate (for example, gambling, drug trafficking), or a combination of both. #RandolphHarris 10 of 20

An organized crime monopoly is maintained by violence, by the threat of violence, or by corrupt relationships with law enforcement officials. A combination of both methods, violence and corruption, may be employed. Criminal organizations can manifest a variety of structures, ranging from bureaucracy to a group sharing some combination of kinship, friendship, and ethnicity/culture, characteristics that provide emotional ties and enhance trust. These ties are strengthened if members are part of a community alienated from mainstream society. The weaker the shared characteristics, the more likely there is to be a bureaucratic structure. In other word, bureaucracy offers an alternative to more personalistic ties. Criminal organizations can manifest a bureaucratic structure while its business activities operate outside the structure; or the structure and business can be one and the same. A criminal organization can manifest a bureaucratic structure with ranks and levels of authority, while economic activities may be divorced from the formal structure. In such cases, every member of the organization represents a slot on the “company chart” while their business activities are independent, conducted solo or in partnerships with member and nonmember associates, and not dependent on the formal structure. Credentialing also permits members of a criminal organization to enforce extralegal social norms ranging from restraining boisterous behavior to requiring a young man to marry the young lady he impregnated. #RandolphHarris 11 of 20

In current events, the U.S.A. trade deficit jumped to a record high in March 2023 amid roaring domestic demand, which is drawing in imports, and the gap could widen further as the nation’s economic activity rebounds faster than it global rivals. Manufacturers lack the capacity to satisfy the surge in demand because of resource constraints and bottlenecks in the supply chain. Inventories are very lean. Demand is being driven by a rapidly improving public health situation and massive government assistance to households and businesses to soften the hardships caused by the COVID-19 pandemic. The trade deficit increased 5.6 percent to an all-time high of $74.4 billion in March. Imports soared 6.3 percent to a historic $274.5 billion in March. Goods imports also increased to 7.0 percent which is $234.4 billion; another all-time high. Imports of consumer goods were the highest on record, as were those for food and capital goods. The government has provided nearly $6 trillion in pandemic relief over the past year. To conquer the global market, Western exporters have to fight really hard, and the outcome of this fight is not at all predetermined. Furthermore, Americans will have to learn to consume less and save more so they can achieve larger output with smaller investment and, consequently, saving. Along this line of global rebalancing concept, Western households restrain their purchases of consumer goods in order to save more, and they will be able to afford higher priced products manufactured in American factories. However, no simple counseling or job referrals can handle the problem; it is a task for social engineering. #RandolphHarris 12 of 20

As a psychological problem, the sense of worth derived from a vocation has found a far from secure basis outside the family, save for the few who gain confirmation of their vocational identities in the most advanced professional associations. Here is an instance where no notion of remedy in a therapeutic sense seems reasonable; only the development of positive means for assuring a conscious choice of careers seems appropriate to the situation. The family itself, beyond instilling the basic habits of work, has more than ever before the duty to prepare its members for the interpersonal competence and the sociability tht are required for most modern employment; its function in occupational transmission has not only been partly curtailed but also transformed. This brief glance at economic agencies serving families has touched on the first two of the traditional economic categories—production and consumption. Given that sufficient and dependable money can be earned by American families, is there any reason to suppose that families under urban, industrial conditions need to be assisted or need to co-operate through agencies related to consumption? If the answer to this were assumed to be in the negative, then it would be hard to account for the considerable number and variety of existing family agencies, whose efforts are directed toward the protection and improvement of family consumption. If we consider each of the main components of family expenditure, we find a remarkable degree of specialization among economic agencies focusing on the consumer. #RandolphHarris 13 of 20

Some of course are concerned with the provisions of minimum amounts of essentials to needy segments of the population, but generally these may be considered as agencies serving to maintain income, even though, in many cases, they furnish goods and service in kind rather than cash, exempli gratia, county homes for the aged. The subsidization of certain items of consumption for certain segments of the population, as in the school lunch program, might also be considered under the heading of increments to income. The volume of goods and services purchased from tax funds, and communally distributed in this way, has been steadily rising in recent years—especially in such fields as health, education, and recreation. While in one sense such services are always consumed in accordance with need, exempli gratia, families without children receive no direct benefit from public schools, it is illuminating to distinguish between public services distributed to the whole community and those received only by the needy. Meanwhile it is also of some importance to note how many aspects there are to consumption beyond the mere provision of the means of consumption. Thus we have agencies concerned with the regulation of prices and rents, not only the wartime agencies, but the permanent commissions regulating what consumers have to pay for public utilities and transportation. One the private side, consumer co-operatives may be said to carry on similar functions of trying to hold down consumer costs. Then there are agencies, from municipal to federal, concerned with guarding and raising the quality and purity not only of goods offered for sale, but even of the advertising, labelling and weighing and measuring done by their sellers. #RandolphHarris 14 of 20

Private organizations of this sort are meagerly developed—perhaps because this truly is a matter of public concern. A long-standing proposal would turn even the functions of the best-known consumer organization—the Consumers Union—over to a government agency such as the United States Bureau of Standards. Since agencies concerned with the more efficient and tasteful utilization of income are largely educational, a discussion of these will be included under educational agencies. Of all the items in family budgets, housing above al others has called forth a host of private and public agencies for supplementing the efforts of the individual consuming family. The range of tasks such consumer agencies carry on includes fire protection, extending credit, design and construction, sanitation, zoning, raising community standards, city planning, and style leadership While some of the work of these consumer agencies is to correct conditions which the consumer cannot rectify oneself, much of their work makes possible for families things which in the past were out of their reach. For example, families can now enjoy with complete safety an unsurpassed range of variety in their diet. For the common man, as once only for nobility, eating has become an aesthetic experience, full of the joys of invention and the excitement of discovery. Fear of strange foods has become a mark no longer of prudence but of provinciality. It is plausible to speak of some functions of the family having to do with consumption as having been transferred to other institutions and agencies, but note has to be made of the addition and elaboration of other functions, even of something like “reprivatization.” #RandolphHarris 15 of 20

If family servants be thought of as an institution, one may in a sense speak of the restoration of their function to many families. Household appliances and kitchen gadgets, which Americans crave, are gradually taking the place of the servant class in our society. Shopping and budgeting are examples of recently elaborated family functions. These are activities now adays usually shared by all but the youngest members of the family; they involve discussion and the balancing of values and make every family a microcosmic forum in which the character of demand in the whole economy is debated and formulated. As family incomes rise, a family does not merely eat and drink more, nor add a useless frill or gadget; it may choose instead to put more into services, spacious housing, health, education, entertaining, recreation, travel, and community participation, in other words, into obtaining those resources and experiences which have potentialities for developing their personalities. The easy generalization of critics that the growth of American wealth leads to materialism is found on investigation to be superficial. High culture—once the property of a leisure class—becomes the possession of all families when the increase of wealth is well distributed. Families achieve material comfort only to move beyond the primary concern with physical existence. Paradoxically, economic activity becomes most clearly instrumental to the highest development of individual personality, just at the point where enjoyment of self by means of existing resources becomes preferable to denial of self in order to obtain increases of income. #RandolphHarris 16 of 20

The competence of the producer oneself may be conceived as a channel of investment. There is a spiral relation in which income spent on personal development contributes ultimately to further productivity, through the improvement of human resources. We may thus expand the suggestions of Mrs. Myrdal that programs for the family, to gain the degree of favorable opinion and financial support necessary for large aims, must appeal to the investment motive. Investment in the competence of the nation’s human-power by careful engineering can appeal to a powerful investment motive—a person’s interest in advancing one’s own career or one’s child’s, while improving the most strategic of all factors of production, labor. It is proper to seek the rehabilitation of the disabled, but if the attention of family agencies goes on further than to release the disabled from dependency, then the agencies still deserve to be described as fixated at the therapeutic stage. Even the Swedish family policy, aimed only at preventing or arresting the economic consequences of a declining population, stops short of the goal of national action implicit in American ideas. If we think of this nation as a household, and manage it as a set of conditions for the cultivation of competence, we can hope to complete a benevolent circle, from more production to higher income to better consumption and the optimal development of human resources, and thence back again to production. #RandolphHarris 17 of 20

The Word of God is very clear. The God we worship, the Christ we love, is in Heaven. It is as we approach Him there, and by faith apprehend our union with Him in spirit there, that we are raised with Him above the plane of the lower Heavens where the powers of darkness reign, and seated with Him, see them under His feet. The Lord’s words recorded in the Gospel of John, chapters 14, 15, and 16, give the truth very clearly concerning His indwelling the believer. The “in Me” speaks of being with Him in His Heavenly position (John 14.20)—the result of the believer’s faith in Him; and the “I in you”—spoken to the company of disciples, and hence to the Body of Christ as a whole—follows as a result in the life of the individual believer. This union with the Person in the glory results in the inflow and outflow of His Spirit and life through the believer on Earth (see Phil. 1.19). In other words, the “subjective” is the result of the “objective.” The fact that Christ is in Heaven is the basis of faith for the subjective inflow of His life and power by the Holy Spirit of God. There are three elements in ontological concepts: individuality—universality, dynamics—form, freedom—destiny. Polarity is a mode of conception and development in relation of interdependent elements, each of which is necessary for the other one and for the whole, although it is in tension with the opposite element. Neither pole can stand by itself’ it needs the other to complement it. However at the same time, both poles clash as they expand at the expense of one another. Thus the poles limit and sustain each other. #RandolphHarris 18 of 20

However, this ideal balance can be upset, for under the impact of finitude, polarity becomes tension, which is the tendency of unified elements to draw away tension, which is the tendency of unified elements to draw away from one another in opposite directions. Individualization and Participation: Individualization is implied in the self which, like a mathematical point, cannot be divided. Though every being is analogously an individual, man is the totally centered self, completely individualized. He is a person. The individual self of every being participates in its environment, but man, the microcosm, participates in the whole universe by means of the rational structure of mind and reality. Finally, when individualization reached the perfect form which we call a “person,” participation reaches the perfect form which we call “communion”—participation in another self who also is a person. Dynamics and Form: Being a self, being an individual, being something—this means having a form. The form which makes a thing what it is, is its content, its essential, its definite power of being. However, a form must form something which we call dynamics. Dynamics cannot be conceptualized but only symbolized, for it has no form, and yet it is not pure nothingness. It is the me on, the potentiality of being, which is nonbeing in contrast to pure nonbeing—for example, Bergson’s elan vital, Nietzche’s will to power, and the unconscious of Dr. Freud. In human experience dynamics appears as vitality, the power of life and growth. Form appears as intentionality, the grasping and shaping of reality through universals and meaningful structures. To put it in still another way, self-transcendence (dynamics) is always in polar balance with self-conservation (form). #RandolphHarris 19 of 20

Freedom and Destiny: In describing this ontological element, we come to understand that freedom of a thing is contradictory. Only man is free, the total self, including even the cells and atoms of his body which share in the constitution of that individual, personal center. Furthermore, man experiences himself as a bearer of freedom, but within the larger structure to which he belongs. Destiny is the World to which man pertains—his body, psychic drives, temperament, social community, material surroundings, conscious and unconscious past, and, above all, his former free decisions. Destiny is not a strange power which determines what shall happen to me. It is myself as given, formed by nature, history, and myself. My destiny is the basis of my freedom, my freedom participates in shaping my destiny. Within the bounds of destiny man experiences freedom as deliberation, decision, and responsibility. Obviously, the polarity freedom-destiny can be applied only analogously to beings inferior to man. In the subhuman realm it appears as the polarity of spontaneity and law. The three ontological polarities have been viewed horizontally, with each polar element in balance with its opposite. If one were to split them vertically, the first side of these polarities—individuality, dynamics, and freedom—would express the self-relating power of being. The second side—universality, form, and destiny—expressed the belongingness of being, its participation in the universe of being. Thus the basic self-World structure is manifest within the ontological polarities. #RandolphHarris 20 of 20

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