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'White Collar Crime': Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor
'White Collar Crime': Still Hazy After All These Years, Lucian E. Dervan, Ellen S. Podgor
Law Faculty Scholarship
With a seventy-five year history of sociological and later legal roots, the term “white collar crime” remains an ambiguous concept that academics, policy makers, law enforcement personnel and defense counsel are unable to adequately define. Yet the use of the term “white collar crime” skews statistical reporting and sentencing for this conduct. This Article provides a historical overview of its linear progression and then a methodology for a new architecture in examining this conduct. It separates statutes into clear-cut white collar offenses and hybrid statutory offenses, and then applies this approach with an empirical study that dissects cases prosecuted under …
Sentencing The Wolf Of Wall Street: From Leniency To Uncertainty, Lucian E. Dervan
Sentencing The Wolf Of Wall Street: From Leniency To Uncertainty, Lucian E. Dervan
Law Faculty Scholarship
This Symposium Article, based on a presentation given by Professor Dervan at the 2014 Wayne Law Review Symposium entitled "Sentencing White Collar Defendants: How Much is Enough," examines the Jordan Belfort (“Wolf of Wall Street”) prosecution as a vehicle for analyzing sentencing in major white-collar criminal cases from the 1980s until today. In Part II, the Article examines the Belfort case and his relatively lenient prison sentence for engaging in a major fraud. This section goes on to examine additional cases from the 1980s, 1990s, and 2000s to consider the results of reforms aimed at “getting tough” on white-collar offenders. …