Describing entrepreneurial/white-collar wrongdoing as ethical or moral violations
trails ideals characteristic within values of what is recognized as
natural law. Natural law emphases
on activities or behaviors that are well-defined as wrong since they disrupt
the ethical values of a specific subculture or collection. Some prefer to describe
white-collar crime as defilement of
criminal law. From this outline, white-collar corruptions are criminally
unlawful behaviors dedicated by higher class persons during their occupation.
From a schemes perspective, those working in the criminal justice scheme would
likely describe the white-collar crime as criminally unlawful actions. Crime,
in this setting, is defined as “a deliberate act or omission dedicated in
violation of the criminal rule without justification or defense and authorized
by the state as a misdemeanor or felony”. Using a criminal law description to
white-collar crime, white-collar crimes are those unlawfully illegal acts dedicated
throughout the course of one’s occupation, like an accountant misusing funds
from his boss (Gottschalk, 2009). In 2015-2016, the number
of business crimes hasn’t been highly predictable as that of other years such
as 2014. One instance of a 2015 entrepreneurial wrongdoing is the case of the
former CEO of KidoZen.
Jesus M. Rodriguez is the initiator
and former CEO of the corporation Kidozen which is founded in Miami. Rendering
to an accusation from September 2015, Mr. Rodriguez managed a bank account at
the Bank of America for the Corporation as its CEO. It was exposed that from
August 2013 to the time he was accused, Jesus defrauds and got assets through
fraudulent charades and false factual pretences, also representations and
promises in the knowledge that he made false charades. He lied to stockholders
that they charities would be used commercial use for the development of the
company. He even lied that his corporation had more than 58 clienteles who were
paying and that they (the corporation) were making incomes. He also requested
that the business had around $1.1 million in reserve, and there was a tech company
that planned to buy KidoZen for around $55 million. In 2015, the corporation
hit a sticky patch, and Jesus left as Ceo and the business was later sold for
Why do bright, highly educated, talented,
successful individuals, who have "made it," risk it all by stealing, lying,
and cheating, particularly when what they're thieving is not much likened to
what they have? The modest answer is, "since they can." Accounting omission
chances usually present themselves to these persons, and they usually end up obligating
these crimes. Many individuals tend to think that entrepreneurial offenders are
no dissimilar from regular street offenders, but in the real sense the mental
characteristics of entrepreneurial criminals are dissimilar. Empirical inquiries
have shown that the incidence of white-collar criminals with disruptive conduct
difficulties is rather small (no more than 15%) likened to street criminals
where almost half have such conduct difficulties. In its place, white-collar
criminals tend to conduct themselves in a manner as non-offenders indicating substantial
self-control, not less. Greed is a normally planned factor behind white collar
crime, but this is also a frequently disputed factor since the majority of
white collar offenders are motivated to improve the profits of their companies
and not to primarily advantage themselves (Gottschalk, 2009). If there is a personal aim to obligate
the crime the offender is typically more motivated to avoid trailing than to
gain for their own sake.
White collar perpetrators like other
criminal members, "pursue anticipated goals, weigh likely penalties, and
select among choices. When criminal chance such as the omission of accounts is good-looking
as a means of responding to wish to assist family disasters or forestalling a fall,
rational players will choose it. The need-to-control is distinctive among white
collar criminals. Individuals with a high desire-for-control are "
decisive, assertive, and active." They typically seek leadership characters
in group circumstances, achieve more in the face of hardship, put forth more energy,
and are talented to envisage the end-goal They tend to not take personal accountability
for failure and blame disappointment on uncontrollable exterior factors. They
also tend to have an insight of control when in fact they do not, and they tend
to trust that objectives can be achieved that are impossible or unusually problematic.
A natural significance of this opinion is taking higher dangers than otherwise essential.
Other investigators contend that personal gain inspires only a small majority
of managers to commit white collar crimes. In its place, these investigators
suggest that charisma determines an individual's propensity to involve in white
collar crime. Charismatic leaders inspire others to implement their dream, are extremely
self-assured, have strong beliefs, and are passionate. Some white-collar perpetrators
commit crimes since "they are fearful of loss of financial or professional
status" and are interested to make unethical choices to reserve their
professional reputation, material wealth, and institutional power. Such individuals
"would be sensibly happy with the place they have attained through straight
means if only they could keep that place.
Some white collar defendants are tremendously
ambitious and gripped with enhancing control and power, and having a sense of dominance
bordering on vanity which is fed by " attention and admiration" and
which inspires a "sense of right" to "special privileges and
The price of the Sarbanes-Oxley (SOX) Act
is a significant aspect of modifiable white-collar crimes. There are frequent
academic opinions and researches that try to regulate the costs and welfares of
SOX act. All these investigates have deductions that differ suggestively thus
making it problematic to reach to a normal deduction. This alteration in
opinions and conclusions is mainly due to the trouble that exists in separating
the effect of SOX act from other variables that touch the stock market values. Though,
the net private is signified by an econometric approximation of the loss in
total market value around the important legislative events. Exactly, it is
calculated by subtracting the seeming benefits from the total cost experienced.
Ivy Xiying Zhang projected that the net private costs would sum to 1.3
trillion. This is mainly since even though the act is working towards the accomplishment
of its main objective, limitation fraud, there still exists major shortcomings
that make it likely for offenders such as Jesse M Rodriguez to continue deceiving
the public. Most persons argue that the act is too exclusive and adds the unwarranted
problem to businesses while others trust that the act is not stringent enough.
If Jesus M Rodriguez had been condemned
in a criminal achievement it would be sentenced up to 20 years in custody.
However, when the case was established civilly, Jesus M Rodriguez was condemned
to 2 years’ imprisonment.
In adversarial schemes, civil and
criminal alike, an adjudicator (a jury or judge) considers the influences from
both sides, following inspection and cross-examination and re-examination (and
legal quarrel on the acceptability of evidence) and levies a judgment. The quarrel
is thereby declared ‘resolved.’ This determination, however, comes at an excessive
cost, not only regarding the legal expenditures imposed upon the plaintiffs
(and the community, too, as leisurely in court spell, judicial costs,) but in
the harm done to the fighters as well, psychologically and financially. The
conflict never actually goes away. In many methods, commentators allege, it is
merely worsened (Galeotti, 2014). In contrast, non-adversarial processes
and informal performs are said to be more easily available and less daunting to
those who wish to contribute in the legal procedure, but whose skills,
resources or confidence are lacking. In credit of positive changes towards
non-adversarial approaches of conflict determination overseas, we need to think
smart when it comes to trying to solve arguments, and the magistrates should be
a place of last option. Preference for cooperation over litigation should be founded
not only on the optimistic results attained for dispute community and the
stakeholders but also on alterations to lawyers’ well-being resulting from job gratification
derived from non-adversarial repetition, which may have positive outcomes for
the management of justice. Non-adversarial justice has compensations such as
cost and time savings and reduced court backlogs. For this crime that Jesus
Rodriguez dedicated, it would be better if the activities which are vested with
the powers of examination and imposing consequences to using non-adversarial method
since aside from the benefits of using this tactic outlined above, it would
have proven exclusively effective. The use of non-adversarial would have occasioned
in lower costs and time needed to convict the defendant particularly because he
was ready to confess and comply.
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