By Pamela H. Bucy, Elizabeth P. Formby, Marc S. Raspanti and
Kathryn E. Rooney
Why do talented, bright, highly educated, successful people who
have “made it,” risk it all by lying, stealing and cheating,
especially when what they’re stealing is not much compared to what
they have? The simple answer is, “because they can.”
This article looks at the more complex answer. Based upon
extensive interviews with seasoned prosecutors and accomplished
defense counsel, we explore the views and perceptions traditionally
held about white collar criminals. From January through April
2007, we conducted lengthy interviews with forty-five nationally
recognized experts in the area of white collar crime. The
interviewees included federal prosecutors, qui tam relators’
counsel, and private defense counsel who specialize in defending
those accused of white collar offenses. 86% of the defense
counsel served as federal or state prosecutors prior to entering
private practice. The range of years of experience of study
participants was vast. All interviewees had at least 15 years
of relevant experience; over half had between 26 and 35 years of
experience; and almost one-fifth had 36 or more years of
experience.
We tested the following hypotheses: (1) most white collar
criminals fall into two categories: “leader” or “follower;”
(2) those falling into each category display distinct personality
profiles; and (3) the methods for deterring crime differ for each
category. We found that our hypotheses were generally
accurate. Our study results provide guidance, not reflected
in current scholarship, for how to effectively deter white collar
crime.