Lecture 7: Governmental Crime WHITE COLLAR CRIME

Introduction The term “governmental crime” is used as a broad term for the whole range of crimes committed in a governmental context. Governmental crime can occur in any of the three branches of government.

Abuse of Power When the state or its agents violate laws to accomplish some improper or prohibited objective. When the state assumes and exercises power it ought not to have. Police crimes (e.g., violations of constitutional rights, excessive use of force)

Abuse of Power: A Case Study Court: Texas Wrongly Seized Sect Children, Msnbc.com, May 23, 2008: In a ruling that could torpedo the case against the West Texas polygamist sect, a state appeals court Thursday said authorities had no right to seize more than 440 children in a raid on the splinter group's ranch last month. It was unclear how many children were affected by the ruling. The state took 464 children into custody in April, but Thursday's ruling directly applied to the children of 48 sect mothers represented by the Texas Rio Grande Legal Aide, said Cynthia Martinez of the agency. About 200 parents are involved in the polygamy case. The Third Court of Appeals in Austin ruled that the state offered "legally and factually insufficient" grounds for the "extreme" measure of removing all children from the ranch, from babies to teenagers.

The state never provided evidence that the children were in any immediate danger, the only grounds in Texas law for taking children from their parents without court approval, the appeals court said. It also failed to show evidence that more than five of the teenage girls were being sexually abused, and never alleged any sexual or physical abuse against the other children, the court said. FLDS spokesman Rod Parker said sect members feel validated, having argued from the beginning that they were being persecuted for their beliefs. Every child at the Yearning For Zion Ranch in Eldorado was taken into state custody more than six weeks ago, after Child Protective Services officials argued that members of the Fundamentalist Church of Jesus Christ of Latter Day Saints pushed underage girls into marriage and sex and groomed boys to become adult perpetrators. Only a few dozen of the roughly 440 children seized are teenage girls; half were under 5.

The court said that although five girls had become pregnant at age 15 or 16, the state gave no evidence about the circumstances of the pregnancies. It noted that minors as young as 16 can wed in Texas with parental consent, and even younger children can marry if a court approves it. Even before Thursday's ruling, the state's allegations of teenage girls being pushed into sex appeared to be deflating. Of the 31 sect members CPS once said were underage mothers, 15 have been reclassified as adults — one was 27 years old — and an attorney for a 14-year-old girl said in court that she had no children and was not pregnant, as officials previously asserted.

State Crime “State crime” refers to harmful activities/crimes committed by government and/or government organizations. The term “state” is used loosely (e.g., elected and appointed officials; institutions, bodies, and organizations comprising the government)

Categories Of State Crime Criminal State Occurs when some form of state criminality becomes a dominant force in the operation of the state. (E.g., genocide, ethnic cleansing) Repressive State Occurs when a state systematically deprives its citizens of fundamental human rights. (E.g., apartheid)

Corrupt State A government used as an instrument to enrich leadership. (E.g., giving money to political leaders, leaders’ families, and leaders’ friends at the expense of a country’s general welfare). State Negligence “Crimes of omission” E.g., the state fails to prevent loss of human life, suffering, and deprivation that are in its power to prevent. Political White Collar Crime Illegal activities carried out by officials and politicians for direct personal benefit (e.g., accepting bribes). Can also be committed on behalf of political parties.

CHAD: A CORRUPT STATE According to Forbes.com, Chad is the most corrupt nation: What may turn out to be the single most piggish use of philanthropic funds has placed Chad at the top of the list of the world's most corrupt nations. Proceeds from a project, funded in part by the World Bank, to build an oil pipeline through Chad and Cameroon were to have helped feed the desperately poor people of these nations. Instead, some $30 million was diverted to buy arms to keep in power the government of President Idriss Deby.

Forbes.com has also named Bangladesh and Equitorial Guinea (in addition to numerous other nations) as corrupt nations: Bangladesh The government continues to pay lip service to fighting corruption but has shown no real consistency in doing so. It failed to sign the United Nations convention against corruption. Corrupt practices continue at every level of the government and judiciary--wherever citizens or businesses interact with the government. Senior public officials, ministers, even the nation's head of state continue to put their hands in the till. Equitorial Guinea One of the world's smallest oil powers, it is also among the most corrupt. During a recent U.S. government probe of Washington-based Riggs Bank, it was alleged that President Teodoro Obiang Nguema, his wife and son were apparently treating themselves to planes, big houses and shopping sprees in the U.S. Millions of dollars in cash were being lugged around Washington in suitcases--much of it from the enormous oil reserves Western companies are tapping. International monitors believe that 20% of oil revenue is going straight into Nguema's pockets.

Political White Collar Crime: A Case Study Congressman Resigns After Bribery Plea, Cnn.com, Nov. 28, 2005 Rep. Randy "Duke" Cunningham said Monday he is resigning from Congress after pleading guilty to taking more than $2 million in bribes in a criminal conspiracy involving at least three defense contractors. Asked by U.S. District Judge Larry Burns if he had accepted cash and gifts and then tried to influence the Defense Department on behalf of the donors, Cunningham said, "Yes, your honor.“ Prosecutors said Cunningham had taken bribes from contractors, which enabled him to buy a mansion, a suburban Washington condominium, a yacht and a Rolls Royce. Cunningham served on a powerful defense appropriations subcommittee that approves spending for defense programs.

A government statement said Cunningham received at least $2 A government statement said Cunningham received at least $2.4 million in bribes and will forfeit his $2.5 million mansion and about $1.8 million in cash, antiques, furnishings and other valuables. "The citizens who elected Cunningham assumed that he would do his best for them," said U.S. Attorney Carol Lam. "Instead, he did the worst thing an elected official can do -- he enriched himself through his position and violated the trust of those who put him there." Rep. Randy "Duke" Cunningham says he now knows "great shame" after pleading guilty.