Law and You > Criminal Laws > Criminology > White-Collar Crimes in Different Professions
Edwin H. Sutherland, in the year 1939, who popularized the term ‘White-collar Crime’ by defining such a crime as one ‘committed by a person of respectability and high social status in the course of his occupation’. The factors catalyzing such crimes in modern times are technological and scientific development, a large rank and file and small controlling elite, encouraging the growth of monopolies, the rise of a managerial class and intricate institutional mechanisms. These crimes are usually violations of trust, either ‘duplicities’ or ‘misrepresentations,’ placed in the person (or the corporation) by virtue of his occupational norms and high position in the society. In this article, we shall study white-collar crimes in different professions.
Legal Profession:
In pre-independence and just post-independence period legal profession was considered to be one of the noblest vocations. India has a great history of eminent lawyers who participated in the independence movement of India and after the independence, they helped in making the constitution of India. At present lawyer’s profession is not looked with much respect. The main reason for not having respect is deteriorating standards of legal education and unethical practices resorted to by the members of the legal profession to procure clientage.
The instances of Preparation of false and fabricated claims, fabricating evidence, engaging professional witnesses, delaying litigation by colluding with the opposite party, adopting unscrupulous tactics, resorting to frequent strikes to press their demands, collusion with the ministerial staff of the courts, close liaison with the police, violation of ethical norms of legal profession i.e. Advocate Act, 1961 are increasing. It is observed that professional criminals and criminal gangs have their own trusted lawyers who can arrange the bail bond anytime for them.
Though there is a definite code of conduct for the legal profession, it is only an ornamental document. This does not, however, mean that all lawyers are corrupt and unethical. Quite a large number of them are most sincere and honest in their profession commanding great respect from all sections of society. Perhaps, it is because of the peculiar nature of their profession that the lawyers and advocates have to resort to these tactics in order to survive in the profession which is becoming more and more competitive with the passage of time.
“A lawyer must do his duty in defending a person accuses of crime. This applies equally to those from known criminal elements. There is a distinction between a criminal lawyer and a Lawyer-Criminal. So long as he handles his defense in a legal and ethical manner he is only dispatching his duty as an attorney. It is when he carries his defense beyond the law and the ethical standards of his profession that he may be labeled a lawyer criminaL”
Engineering:
Common examples of white-collar crimes in the profession of engineering are underhand dealings with contractors and suppliers, passing of sub-standard works and materials and maintenance of bogus records of work-charged labour. Such behavior results in substandard machinery and buildings thereby machines are to be replaced frequently or remain under break-down. Such buildings are collapsing prematurely. Delaying projects is another technique which results in cost overrun. Construction of buildings, roads, canals, dams, and bridges with sub-standard material not only endangers public safety but also results in huge loss to the public exchequer.
Educational Institutions:
In India imparting education is considered one of the noblest professions. But nowadays it has become money-spinning business. The Government alone can’t provide education facilities to a growing population hence the government allowed entry of private players in the field of education. But the main allegations against the private education sector are they are operating purely for profit motive and with no inclination to give quality education or serve middle classes or poor classes.
Private educational institutes not even approved by AICTE, All India Medical Council, or Universities run private engineering, medical, and other colleges. The illegal educational institutes are million-dollar business in India, it is presumed to be a lucrative business with no risk. It is also observed that people who are owners of illegal institutes have become rich over-night and amassed huge wealth by exploiting students and their parents. Many such institutes enjoy the patronage of some influential politicians and many of them are even owned by them.
The governing bodies of these institutions manage to secure large sums by way of government grants or financial aid by submitting fictitious and fake details about their institutions. They have poor infrastructure facilities or poor faculty. Most of the experts believe that private institutes/universities are unable to attract good teachers, due to poor pay& service conditions and no job security. The teaching faculty and other staff of such institutions receive a nominal salary far less than what they actually sign for. The noncompatible teaching staff is appointed as they do not ask for a high salary. Due to fear of loss of job the victimized teachers do not complain about this exploitation.
In such institutes, admission is given without merit on the name of payment seats. Needy students are charge huge amounts by way of donations or capitation fees or building funds. The act of giving scholarship or charity work is an eye-wash with an intention to divert people’s attention over their huge profits.
Many such institutions are virtually non-existent and are functioning as commercial shops, enabling the students to get degrees (even Ph.Ds). Some institutes issue fictitious bogus manipulative certificates on payment of huge sums. These are blatant violations of government rules, regulations, and norms.
White-collar criminality in educational institutions has adversely affected the standard of education.
Medical Profession:
Hippocratic Oath is one of the oldest binding documents in history, the Oath written by Hippocrates is still held sacred by physicians: to treat the ill to the best of one’s ability, to preserve a patient’s privacy, to teach the secrets of medicine to the next generation, and so on. Every medical practitioner is supposed to be bound by the Hippocratic Oath.
But some medical practitioners are often found involved in the issuance of false certificates, carrying out illegal abortions, selling out sample drugs and medicine, even in some cases adulterated drugs and medicines to the patients. Misleading and fake advertisement claiming absolute cure is also one of the frequent malpractices being carried out in the medical profession. Some medical professionals are found to be engaged in cut practices i.e. they ask some referral fee for referring patients to specialists or laboratories. The problem lies in the fact that they often escape punishment, since they cannot be said to have violated the letter of law, but, by violating the spirit of the law, they commit crimes which are truly anti-social and creates enormous damage to the public health and safety at large.
The person employed in essential services of the government or other undertaking is often confronted with the problem of getting leave due to shortage of staff. They, therefore, procure medical certificate regarding their false sickness and produce it to the department to justify their absence from duty. In return, they have to pay a certain amount to the concerned medical staff Thus, these tactics have proved a boon and a workable alternative to employees who have difficulty in obtaining leave from their employer.
The Oxford Dictionary defines a quack as “a person who pretends to have medical skill or knowledge”. Quackery is not confined to charlatans exploiting their victims but also extends to the sale of inappropriate products, or even manufacturers advertising specious products. Poor people particularly living in slums depend on quacks for medical treatment.