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Petter Gottschalk
Explaining
White-Collar Crime
The Concept of Convenience in Financial
Crime Investigations
Petter Gottschalk
BI Norwegian Business School
Dept. of Leadership and Org. Behavior
Oslo, Norway
1 Introduction 1
2 Convenience Theory 5
3 Reports of Investigations 33
4 Economical Convenience 51
5 Organizational Convenience 61
6 Behavioral Convenience 79
8 Conclusion 107
References 115
Index 129
v
LIST OF FIGURES
vii
LIST OF TABLES
ix
CHAPTER 1
Introduction
This book deals with the topic of white-collar crime and considers the role
of convenience in explaining its occurrence. It puts forward convenience
as a theoretical explanation that underlies existing theories and research on
white-collar crime. Convenience seems present in all three dimensions of
crime: economic dimension, organizational dimension, and behavioral
dimension.
Based on multiple case studies of investigation reports by fraud exam-
iners, this book explores the empirical evidence to support convenience
theory. Empirical studies of fraud examination reports from both the
USA and Norway illustrate the convenience perspective in white-collar
crime.
White-collar crime is defined as financial crime committed by privi-
leged people in the elite. Although the occurrence of economic crime may
be frequent among people in the elite, the police and prosecution very
seldom prosecute individuals of the upper class in society. Therefore, it
always comes as a surprise when it happens. It was quite a surprise when
Spain’s Princess Cristina had to stand trial on tax fraud charges. She is the
youngest daughter of King Kuan Carlos. Princess Cristina became the first
member of Spain’s royal family to be put on trial as she appeared in court
with her husband (Robinson and Mezzofiore, 2016).
When the elite and other members of the upper class in society are
suspected of misconduct and financial crime, private investigations are
sometimes initiated. Fraud examiners are hired to confirm or disconfirm
suspicions by reconstructing the past. Very often, private investigation
reports are kept secret and are neither available to the police nor to the
public in general (Gottschalk, 2015, 2016). However, it was possible to
identify and obtain a number of investigation reports in both the USA and
Norway to conduct empirical research on white-collar crime as presented
in this book.
The book introduces the concept of convenience in the study of
financial crime which complements, refines, and extends understanding
of many popular theories in explaining white-collar crime and the various
factors that contribute to it. Convenience theory is both an offense and
offender-based explanation which elucidates some of the important orga-
nizational, economic, and motivational features of financial crime. Of
particular significance are matters of opportunity to carry out illicit activity,
and also the practical convenience of carrying out crime against the
chances of being caught or discovered. Convenience theory provides a
set of explanations of the subjective and objective conditions for financial
crime, which is supported by data drawn from fraud examiners’ reports in
Norway and the USA. The reports cover a range of organizations that have
undergone investigations; while the majority are related to business orga-
nizations, they also include religious associations and other forms of
administration. The data and case studies in particular help to throw
light on the various ways convenience as a concept informed the deci-
sion-making and actions of well-placed individuals in organizational hier-
archies to carry out white-collar crime.
This book sums up the various theories about white-collar crime and
contemporary discussions around these matters, which is useful in itself
before going on to outline the contribution of convenience theory as a
new and novel way to understand financial crime. It attempts to do this in
a very lucid, engaging, and interesting manner.
1 INTRODUCTION 3
Convenience Theory
INTRODUCTION
Ever since Sutherland (1940) coined the term “white-collar crime,” a
number of theoretical approaches have been introduced to explain the
phenomenon. Sutherland (1983) himself emphasizes differential asso-
ciation theory, where criminal behavior is learned in association with
those who define such criminal behavior favorably and in isolation
from those who define it unfavorably. Piquero and Benson (2004) as
well as Benson and Simpson (2015) emphasize opportunity as the
main factor for white-collar crime. Coleman (1987) suggests an inte-
grated theory of white-collar crime claiming that criminal behavior
and the criminal would like to avoid additional time and effort to solve
the problem, then convenience theory suggests that white-collar crime
will be committed. White-collar crime is usually not offenses of pas-
sion. They are not spontaneous or emotional, but calculated risks for a
convenient solution to a challenge or problem by rational actors. As
argued by Agnew (2014: 2), “crime is often the most expedient way to
get what you want,” and “fraud is often easier, simpler, faster, more
exciting, and more certain than other means of securing one’s ends”.
While the economic model of rational self-interest considers incentives
and probability of detection (Welsh et al., 2014), Agnew’s (2014) theory
of social concern and crime suggests that crime can also be committed
when people have more considerations for others than for their own
interests.
Profit-driven crime is more likely in organizations motivated by
ambitious economic goals. The pursuit of ambitious goals tends to accept
a greater variety of means to reach goals (Jonnergård et al., 2010). One of
the means available to executives is financial crime. Goal achievement
by financial crime can imply both corporate crime and occupational
crime, since a criminal may be promoted and paid a bonus after goal
achievement.
A division of the white-collar crime concept into two categories is
often applied. The first one, occupational crime, stands for crime
committed by the self-interest of individuals toward organizations.
The second one, corporate crime, stands for crime committed by
corporate officials for the interests of the organization and by corpora-
tions themselves in their routines toward other organizations. While
occupational crime is an agency problem where the criminal abuses
agency roles for personal benefit, corporate crime is structural pro-
blem where the enterprise is to benefit. Most jurisdiction make a
similar distinction between a natural person (individual) and a juridical
person (organization), and demand criminal liability in terms of prison
versus fine.
Crime is convenient as it often is an attempt to circumvent more
difficult (legal) means of accomplishment—such as hard work, fair com-
petition, and navigation of bureaucracy and red tape. Many individuals get
tired while dealing with complexity and thus search for simple solutions.
They tend to make convenient decisions when responding to incentives.
Inconvenience is a cost that is circumvented by some individuals and some
organizations.
12 EXPLAINING WHITE-COLLAR CRIME
The desire for conventional success can lead to deviant behavior. There
is a convenience orientation that encourages individuals and groups to
take short cuts (Sundström and Radon, 2015).
groups can engage in illegal and unethical behavior and expect, with
reasonable confidence (Haines, 2014), to avoid detection and punish-
ment. Opportunity to commit crime may include macro- and micro-
level factors. Macro-level factors encompass the characteristics of the
industries in which the business finds itself embedded, such as market
structure, business sets of an industry, that is, companies whose actions
are visible to one another, and variations in the regulatory environment
(Aguilera and Vadera, 2008).
Benson and Simpson (2015) argue that many white-collar offenses
manifest the following opportunity properties: (1) the offender has legit-
imate access to the location in which the crime is committed; (2) the
offender is spatially separate from the victim, and (3) the offender’s actions
have a superficial appearance of legitimacy. Opportunity occurs in terms of
those three properties that are typically the case for executives and other
individuals in the elite. In terms of convenience, these three properties
may be attractive and convenient when considering white-collar crime to
solve a financial problem. It is convenient for the offender to conceal the
crime and give it an appearance of outward respectability (Pickett and
Pickett, 2002).
Opportunity is dependent on social capital available to the criminal.
The structure and quality of social ties in hierarchical and transactional
relationships shape opportunity structures. Social capital is the sum of
actual or potential resources accruing to the criminal by virtue of his or
her position in a hierarchy and in a network (Adler and Kwon, 2002).
The organizational dimension of white-collar crime becomes particu-
larly evident when financial crime is committed to benefit the organization
rather than the individual (Trahan, 2011). This is called corporate crime as
opposed to occupational crime for personal benefit. Hansen (2009) argues
that the problem with occupational crime is that it is committed within the
confines of positions of trust and in organizations, which prohibit surveil-
lance and accountability. Heath (2008) found that individuals who are
further up the chain of command in the firm tend to commit bigger and
more severe occupational crime. Corporate crime, sometimes labelled
organizational offending (Reed and Yeager, 1996), on the other hand, is
resulting from offenses by collectivities or aggregates of discrete indivi-
duals. If a corporate official violates the law in acting for the corporation,
we still define it as corporate crime. However, if he or she gains personal
benefit in the commission of a crime against the corporation, we regard it
as occupational crime. A corporation cannot be subject to imprisonment,
14 EXPLAINING WHITE-COLLAR CRIME
Slippery slope means that a person slides over time from legal to illegal
activities. Arjoon (2008: 78) explains slippery slope in the following way:
As commonsense experience tells us, it is the small infractions that can lead
to the larger ones. An organization that overlooks the small infractions of its
employees creates a culture of acceptance that may lead to its own demise.
This phenomenon is captured by the metaphor of the slippery slope. Many
unethical acts occur without the conscience awareness of the person who
engaged in the misconduct. Specifically, unethical behavior is most likely to
follow the path of a slippery slope, defined as a gradual decline in which no
one event makes one aware that he or she is acting unethically. The majority
of unethical behaviors are unintentional and ordinary, thus affecting every-
one and providing support for unethical behavior when people uncon-
sciously lower the bar over time through small changes in their ethical
behavior.
Welsh et al. (2014) argue that many recent scandals result from a slippery
slope in which a series of small infractions gradually increase over time.
Committing small indiscretions over time may gradually lead people to
complete larger unethical acts that they otherwise would have judged to
be impermissible.
The slippery slope theory thus suggests an incremental progression
toward serious white-collar crime. The sliding individual experiences no
resistance or reaction, while at the same time starting to gain benefits. An
offender first moves and subsequently removes the borderline between
right and wrong from his or her mind.
White-collar crime tends to occur when individuals are extremely
ambitious on behalf of the organization and on behalf of themselves.
Ambitions have to be linked to opportunities in the organizational
dimension to enable financial crime. Convenience theory suggests that
the link between ambition and favorable circumstances is at its optimal
point when individuals are in their forties. Successful professionals tend
to reach the peak of their career in terms of top positions in their late
forties. Hence, it is no surprise that the average age of convicted white-
collar criminals in Norway is 44 years when they commit financial crime
and 49 years when they go to prison (Arnulf and Gottschalk, 2013;
Gottschalk, 2015; Gottschalk and Rundmo, 2014), in Germany, they
are 47 years old when they go to prison (Blickle et al., 2006), and in the
Netherlands, white-collar criminals are 42 years old when they are pro-
secuted (Onna et al., 2014).
20 EXPLAINING WHITE-COLLAR CRIME
ECONOMICS
Profitable crime
C E
A B
ORGANIZATION D BEHAVIOR
Concealed crime Acceptable personal deviance
F
A. Financial crime is possible to carry out and hide among legal activ-
ities in the organization. Rational economic behavior implies indi-
viduals who consider self-interest in terms of incentives and
potential costs, where detection and imprisonment are unlikely
but possible costs (Welsh et al., 2014). Economic motivation can
be found in self-centered search for satisfaction and avoidance of
pain (Chang et al., 2005; Gottfredson and Hirschi, 1990; Hirschi
and Gottfredson, 1987, 1989). Profit-driven crime in an organiza-
tional context has a superficial appearance of legitimacy (Benson
and Simpson, 2015) and is easily hidden among other financial
transactions (Füss and Hecker, 2008). Because the economic
model implies that crime is a rational choice, crime rates will drop
when likelihood of detection rises and when punishment becomes
more severe (Pratt and Cullen, 2005). Impulses may play a role in
distorting rational preferences and utility functions for white-collar
criminals (Kamerdze et al., 2014). Crime is often the easiest and
simplest way to goal achievement (Agnew, 2014).
B. Desire for profits and success makes it attractive for individuals to
commit white-collar crime. Profit-oriented offenses can be caused by
both negative and positive circumstances. The motive in situations
of threats might be to protect the interests of the company and
22 EXPLAINING WHITE-COLLAR CRIME
1. The offender has legitimate access to the location in which the crime
is committed. Location does not have to be a physical place, it can
just as well be a virtual place, such as a management information
system where the offender has access and is a regular user.
Legitimate access makes crime convenient.
2. The offender is spatially separate from the victim. This opportunity
property is present when it comes to banks and other external
victims. However, the most frequent group of victims may be
2 CONVENIENCE THEORY 27
Economical Dimension
Theory of profit-driven crime (Naylor, 2003) Desire for more gain
Theory of goal orientation (Jonnergård et al., 2010) Business ends justify means
Theory of social concern (Agnew, 2014) Desire to help others
Strain theory (Langton and Piquero, 2007) Causes of strain removed
Fear of falling theory (Piquero, 2012) Prevention of disaster
American dream theory (Pratt and Cullen, 2005) Money is success
Theory of crime forces (Leonard and Weber, 1970) Usual way of doing business
Organizational Dimension
Opportunity theory (Benson and Simpson, 2015) Opportunity at work
Institutional theory (Bradshaw, 2015) Opportunity in society
Agency theory (Eisenhardt, 1985) Principal cannot control agent
Behavioral Dimension
Differential association theory (Sutherland, 1983) Learning from others
Rational choice theory (Pratt and Cullen, 2005) Benefits exceed costs
Self-control theory (Gottfredson and Hirschi, 1990) Lack of self-control
Strain theory (Langton and Piquero, 2007) Removal of strain
Deterrence theory (Comey, 2009) No risk of detection
Obedience theory (Baird and Zelin, 2009) Action according to authority
Fear of falling theory (Piquero, 2012) Avoidance of threats
Negative life events theory (Engdahl, 2014) Victim of crime
Slippery slope theory (Welsh et al., 2014) Violation of law not noticed
Neutralization theory (Sykes and Matza, 1957) Denial of wrongdoing
Social conflict theory (Petrocelli et al., 2003) Acceptable for the elite
General Perspectives
Marketing theory (Farquhar and Rowley, 2009) Savings in time and effort
Comfort theory (Carrington and Catasus, 2007) Relief and ease
Reports of Investigations
INTRODUCTION
Reports of investigations by fraud examiners are typically written at the
final stage of private investigations. Reports are handed over to clients
who pay for the work. Reports are seldom disclosed so that the public
never learn about them. Reports are often protected by the attorney–client
privilege, when investigating firms are law firms. Therefore, it is quite a
challenge to identify and obtain a sample of investigation reports to
empirically evaluate and test convenience in white-collar crime. It is not
easy to get access to private investigation reports for research.
This chapter documents findings from a sample of reports acquired in
the USA as well as a sample of reports acquired in Norway. The samples
Focus in the report is on Yusuf Acar, a mid-level manager at OCTO who was
arrested in 2009 for fraud related to procurement improprieties. The report
3 REPORTS OF INVESTIGATIONS 35
allow Bansal to hire those individuals. Bansal would then offer the candi-
dates to Acar, and Acar would approve them. In exchange, Acar and Awan
would receive a kickback from Bansal for part of the value of each contract.
Over time, Awan’s role was phased out, while Bansal and Acar continued
the arrangement on their own (Sidley, 2010).
In the behavioral dimension, Acar explained that from his perspective,
the arrangement provided him with a bonus payment for hiring indivi-
duals he would have hired anyway, and had the additional benefit of
allowing him to do his job at OCTO more effectively by retaining more
competent contractors (Sidley, 2010).
The second case in the table is Enron, which is a world-famous case of
white-collar crime. Powers et al. (2002) wrote a report of investigation
about the Enron scandal. In the economical dimension, the threat of
corporate collapse made crime a convenient option. The crime consisted
of restating financial statements for the period from 1997 to 2001.
Furthermore, Enron employees were enriched by tens of millions of dollars
they should never have received—Andrew Fastow by at least $30 million,
and Michael Kopper by at least $10 million. Some accounting transactions
were implemented to offset losses. They allowed Enron to conceal from the
market very large losses resulting from Enron’s merchant investments by
creating an appearance that those investments were hedged—that is, that a
third party was obligated to pay Enron the amount of those losses—when in
40
1 Acar Acar had lost money as owner of Acar perpetrated a wide-ranging Acar had a deal with vendors that
Manager at DC’s a firm. He found it fraud involving technology he expected never would be
office of technology convenient to recover his contracts by favoring certain detected. He ran operations
Sidley (2010) law loss by abusing his new vendors. As security officer, so efficiently that no real loss
firm position he could monitor all other was caused
activities
EXPLAINING WHITE-COLLAR CRIME
3 Enron It was important for top Top management manipulated Top management found they
Energy company management to show a accounting figures and could justify financial
collapse successful and profitable created fake transactions statements and found
Powers et al. company to the stock market between entities to make it themselves eligible to large
(2002) committee and their friends look as though the company payments
was profitable
9 Philadelphia Police officers were not very well Organized criminals found it Taking bribes from organized
Police department paid, so they found it useful to bribe police officers, criminals to look the other
Pennsylvania convenient to supplement since they represented law way was very common in the
(1974) their income with bribes enforcement that could create police force. Everybody did it
Commission from organized criminals obstacles for their gambling to some extent, and it had
and prostitution businesses become regular practice
Table 3.3 (continued)
# Case ECONOMICAL DIMENSION ORGANIZATIONAL BEHAVIORAL DIMENSION
Threat or possibility as motive for DIMENSION Personal acceptance of criminal
crime Opportunity in trusted position to activity
commit crime
11 Walters She wanted to help family, When tax returns were issued to People were dead anyway, so
Tax assessment friends, colleagues and people who in the meantime there were no victims. Also,
manager in District herself to a better standard of had died, she could cash the she found the tax
of Columbia living checks herself. It was her administration inefficient and
WilmerHale and responsibility to handle tax bureaucratic
3
fact that third party was simply an entity in which only Enron had a
substantial economic stake. Thus, in the organizational dimension, Enron
was able to report earnings that were almost $1 billion higher than should
have been reported. In the behavioral dimension, top executives found that
they could justify deviant financial statements, and they found that they
personally deserved large payments. Executives included Kenneth Lay,
Jeffrey Skilling, Richard Causey, and Richard Buy, in addition to Fastow
and Kopper.
The Pennsylvania (1974) commission uncovered evidence of systematic,
widespread corruption at all levels of the police department. Their report
documents the police corruption problem and suggests some possible
measures for its eradication. Several police officers lost their jobs, and
some went to prison. The report of investigation documents financial
crime involving police officers ranging in rank from policeman to inspector.
Specific acts of corruption involving improper cash payments to the police
by gamblers, racketeers, bar owners, businessmen, nightclub owners, after-
hours club owners, prostitutes, and others. In the economical dimension,
police officers were not very well paid and thus supplemented their income
by corruption. Rather than confronting powerful criminals, it was more
convenient to accept bribes and not challenging crime. In the organiza-
tional dimension, police officers represented an obstacle for organized
criminals which it was wise to bribe to keep them away from doing law
enforcement work. In the behavioral dimension, everyone else did it,
ranginging in rank from policeman to inspector.
Walters is the fourth case in the table. On September 15, 2008,
Harriette Walters pleaded guilty to federal charges related to the theft of
over $48 million on District of Columbia funds. Walters was a former
long-time employee and low-level manager in the real property tax admin-
istration of the office of tax and revenue, a division of the office of the chief
financial officer in the District of Columbia. In the economic dimension,
Walters supported a number of poor family members and friends with
money from her crime. Therefore, an additional 10 individuals pleaded
guilty in connection with her scheme. In the organizational dimension,
she was handling tax refunds. She was able to process fake refunds, and
waive penalty and interest charges in exchange for gifts and cash. In
particular, she was able to cash refund checks that were returned to the
tax administration when taxpayer recipients had died. Her embezzlement
scheme also included issuance of fraudulent real property tax refund
checks. The fraudulent refund requests appeared on the surface to be
3 REPORTS OF INVESTIGATIONS 43
Table 3.4 Convenience theory applied to the Norwegian sample of investigation reports
# Case ECONOMICAL ORGANIZATIONAL DIMENSION BEHAVIORAL
DIMENSION Opportunity in trusted position to commit DIMENSION
Threat or possibility as motive crime Personal acceptance of criminal
for crime activity
4 Betanien foundation Opportunity for private real CEO was in complete control over Lack of self-control made his
BDO (2014b) estate and parties with money transfers from Norway to desire for adventure
prostitutes Spain
9 Furuheim foundation Their own corporate As board members they were able to They had learned in the
Hald (2006) enterprises needed allocate lucrative contracts to their maintenance business
more business to own enterprises
EXPLAINING WHITE-COLLAR CRIME
become profitable
11 Hadeland broadband He wanted to impress his He was alone in charge of money He blamed lack of control
PwC (2014a) new girlfriend with a transfers between subsidiaries and poor auditing work
luxury lifestyle
12 Hadeland energy PwC He wanted to impress his He was alone in charge of money He blamed lack of control
(2014b) new girlfriend with a transfers between subsidiaries and poor auditing work
luxury lifestyle
21 Lunde bankruptcy Desire to develop a A number of acrobatic financial Lunde blamed banks for
Vierdal (2012) business empire in the transactions in the conglomerate having caused bankruptcy
shortest time possible of companies
28 Romerike water Ambition to become a hero Controlled and threatened individuals Found that he deserved
Distriktsrevisjon locally and rich abroad to comply with his instructions admiration as well as
(2007) benefits
Table 3.4 (continued)
# Case ECONOMICAL ORGANIZATIONAL DIMENSION BEHAVIORAL
DIMENSION Opportunity in trusted position to commit DIMENSION
Threat or possibility as motive crime Personal acceptance of criminal
for crime activity
36 Undervisningsbygg I Suppliers were his friend It was accepted in the organization He found that the
Kommunerev. (2006a) with whom he entered that Nettli was not competent in organization was so
into a fraudulent formalities and procedures and inefficient that it did not
3
banks finally found out, then Lunde blamed bank executives in the beha-
vioral dimension. Lunde blamed them for having caused the collapse of his
empire. If banks had continued their support of the Lunde Group, Lunde
was convinced that his empire would transform into profitable businesses
(Vierdal, 2012).
Ivar Thorer Henriksen was the CEO of publicly owned water supply
company. He did a lot of good deeds for his local community. For
example, the company built a water fountain outside a nursing home.
For his local involvement, he was honored by the King of Norway. At the
same time, he spent money on a farm in South Africa, where he vacationed
with his family and friends. The farm was purchased with company money.
He spent company money on his son, and he got into kickback schemes
with suppliers. When subordinates questioned his decisions, he threatened
them and told them that nobody would believe them because he was a
local hero. In the economical dimension, his ambitions were both related
to become a local hero by spending company money in the community
and also to have an exciting life hunting wild animals on the farm in South
Africa. In the organizational dimension, he was an extremely powerful and
respected chief executive. He did not conceal his illegal transactions
among legal transactions. Instead, he expected those who knew would
accept his decisions. In the behavioral dimension, his narcissistic traits
were quite visible in that he looked down on others and got confirmed
by the king that he was very special indeed. He found it natural to
combine his status as a hero with some illegal benefits for himself
(Distriktsrevisjonen, 2007). Henriksen was sentenced to 8 years in prison,
his son was sentenced to 4.5 years in prison, and two more accomplices
were sentenced to 4 years and 10 months, respectively.
The final two cases in the table are concerned with two different
executives who worked for the school administration in Oslo, the capital
of Norway. One was a project manager, while the other was a property
manager. Harald Gunnar Nettli was the project manager who went into a
kickback scheme with his friends in supplier firms. In the economical
dimension, both his friends and he himself were attracted to more income
as a status symbol rather than as a need for more personal expenditures. In
the organizational dimension, Nettli did not really have executive powers.
But he was known in the organization for not being very concerned with
formalities, and there was an acceptance in the organization that he did
not follow routines and standard procedures. In the behavioral dimension,
Nettli blamed lack of control and lack of auditing for enabling him to
3 REPORTS OF INVESTIGATIONS 49
Economical Convenience
INTRODUCTION
The first dimension of convenience theory is concerned with the motive
for white-collar crime. Motives can be derived from both positive and
negative triggers. Examples of positive triggers include fame, respect,
status, and wealth. Examples of negative triggers include debt, bank-
ruptcy, and loss of position. In this chapter, we present two cases from
the USA concerned with status ad influence as well as prosperity and
conflict avoidance, respectively, and two cases from Norway concerned
with bankruptcy and greed, respectively.
Enron used this strategy to avoid recognizing losses for a time. (P. 14)
4 ECONOMICAL CONVENIENCE 53
One perceived solution to this finance problem was to find outside investors
willing to enter into arrangements that would enable Enron to retain those
risks it believed it would manage effectively, and the related rewards. (P. 36)
On June 18, 1999, Fastow discussed with Lay and Skilling a proposal to
establish a partnership, subsequently named LJM Cayman. Fastow would
serve as the general partner and would seek investments by outside vendors.
(P. 68)
Fastow and Glisan developed a plan to hedge the Rhythms investment by
taking advantage of the value in the Enron shares covered by the forward
contracts. (P. 78)
In late 1999, at Skilling’s urging, a group of Enron commercial and
accounting professionals began to devise a mechanism that would allow
Enron to hedge a portion of its merchant investment portfolio. (P. 99)
It is particularly surprising that the accountants at Andersen, who should
have brought a measure of objectivity and perspective to these transactions,
did not do so. (P. 132)
The Board of Directors was denied important information that might have
led it to take action. (P. 148)
Powers et al.’s (2002) investigation report reveals that it was not only a
threat motive that made white-collar crime a convenient option. Greed
was also present, especially as it related to Fastow:
If the police were to enforce strictly all the laws, ordinances, and regulations
governing the activities of construction companies, it would cause much
inconvenience for the companies involved. Because of pressures to get work
finished, the companies are willing to pay the police and other public
employees to avoid the situation.
We would call them up or either stop by and see them and let them know
that they would inform us which time was most convenient.
The young officer begins to realize that one who does not participate in
corrupt activities is ostracized. One officer in New York who did not
participate in taking money described the system as follows:
To other police officers your participation (in taking money) was another
strong link in a chain of fraternity and had no reflection whatsoever on your
honesty. Conversely, your refusal meant certain ostracism and a cross-eyed
look as someone not in full possession of all his mental faculties. It cannot be
emphasized enough that taking money was such a tradition, such a habit,
and was so common all around, that the police officers I talked with did not
think of it with any more regard than the habit of smoking—you know it’s
bad for you and you shouldn’t do it, but you do it anyway.
In Philadelphia, police officers have similarly described the peer pres-
sure with which they were confronted. A member of the Philadelphia
police force testified before the Commission that after he noticed vice
activity at certain locations within his sector, he talked to an older
officer who said, “Don’t worry about it, kid; I’ll be taking care of it.
Or you walk a beat.”
person in exchange for protection against gambling raids and other law
enforcement activities.
Toward the end of their internal investigation report, the Pennsylvania
(1974) crime commission summarizes their corruption investigation
experience. They argue that a corruption investigation of a police depart-
ment is one of the most difficult investigative tasks which any investigatory
agency can undertake. When another law enforcement unit is the target of
the investigation, there are additional problems for the investigators.
Police are very protective of each other, and law enforcement units are
exceedingly reluctant to investigate other law enforcement units.
establish agreements that lead to significant profits. Johannes Lunde and his
closest associates managed in several instances to create added values at
impressive levels. (P. 5)
Internal transactions in the Lunde systems have been of a substantial mag-
nitude. So far in our investigation, it is established that management in most
companies, preferably through top executive Johannes Lunde, have mana-
ged company assets and liabilities across business areas, and independent of
what might serve the interests of each company. (P. 7)
Johannes Lunde has been the most central figure in all companies, and the
person who initiated and implemented or told others to implement all
financial transactions in the Lunde systems. (P. 10)
The complicated structure of liabilities between companies in the Lunde
systems made several companies vulnerable to liquidity problems. (P. 28)
Another reason why the fraud was not detected was that the additional
resource drain on the maintenance budget did not reduce the magnitude
of planned maintenance. (P. 31)
The chairman of the board received in 2006 a message of concern from
a person who argued that the property manager had too much money
privately to be employed in the public sector. The chairman asked
for a cheque of the property manager. No alarming findings occurred.
(P. 32)
Murud had managed a wide variety of real estate projects for the city of
Oslo at Undervisningsbygg (=Educational Contruction). He earned NOK
500,000 (US$ 70,000) in 2004, but somehow managed to afford a
NOK 10-million villa in the exclusive Holmenkollen district of the city.
He also had a holiday cabin in the mountains at Geilo, two plots and an
apartment in Geilo, an apartment in Lillehammer, and a house in
Fredrikstad. Murud had purchased property worth tens of millions of
Norwegian kroner. He was also an investor in technology company
Birdstep, owning a 5.9 percent stake through shares purchased for NOK
6.6 million. He told friends and family that he was extremely successful in
all kinds of money games and bets.
The fraud employed was reportedly a simple classic, with Murud paying
fictitious bills sent in by his accomplices. Murud then collected most of the
money for this kind of criminal billing service. Murud’s motive for crime
was greed, where greed is socially constructed needs and desires that can
never be completely satisfied.
4 ECONOMICAL CONVENIENCE 59
Hero
Success
Elite Fame
Opinion Leader
Admiration Respect
Acceptance Reputation
Fig. 4.1 Pyramid of needs for white-collar offenders adapted from Maslow
60 EXPLAINING WHITE-COLLAR CRIME
• Kenneth Lay and Jeffrey Skilling were aiming for success, belonging
to the elite, fame and being business heros. They were at the top of
the needs pyramid.
• Police officers in Philadelphia were aiming for prosperity and wealth.
They were in the middle of the needs pyramid.
• Johannes Lunde in his Marine Group was aiming for acceptance,
reputation, and admiration. He was close to the top of the needs
pyramid.
• Frank Murud at Undervisningsbyggwa aiming for prosperity and
wealth, combined with adminiration and respect. He was above the
middle of the needs pyramid.
CHAPTER 5
Organizational Convenience
INTRODUCTION
The organizational dimension of convenience theory is concerned with
opportunities to commit white-collar crime. In a professional setting with
privileges based on trust and few or no control mechanisms, it can become
attractive to achieve financial gain in illegal ways. This chapter presents
two cases where the US cases where job positions enabled fraud. This
chapter also presents two Norwegian cases where fraud was easily possible
in areas where the offender had sole authority.
Ahrne and Brunsson (2011) argue that an organization is characterized
by membership, hierarchy, monitor, and sanctions. Organizations decide
about membership, about who will be allowed to join the organization as
employees. Membership brings a certain identity with it, an identity that
differs from that of nonmembers. Organizations include a hierarchy, a duty
OCTO had 231 full-time employees and employed 267 contractors, most
of whom were full-time. OCTO had a long-standing contractor culture
where contractors draw a salary from a third-party vendor that contracts
with the District government. Contractors played a key role in managing
numerous, simultaneous, one-time modernization projects.
Some quotes from the internal investigation report by Sidley (2010)
illustrate convience in the organizational dimension:
Acar told us that the genesis of the first kickback was a 2005 contract for
forensics engineers in the security division. Acar was going to supervise these
engineers, and he was among the OCTO employees with input on the
hiring decisions. (P. 22)
Acar would manipulate the requirements listed in the procurement requests
to direct hiring decisions towards Bansal’s candidates. (P. 23)
Acar and Bansal concocted a plan whereby bills for individuals who had finished
their work at OCTO without exhausting all the allotted hours in the purchase
order would continue to be issued for the remaining time in the contract by
using fraudulent timesheets. (P. 24)
This overbilling scheme evolved into a plan in which Acar and Bansal would
bill the remaining time in the name of individuals who had never even
worked at OCTO. (P. 24)
Acar and Bansal also collaborated to get the agency to overpay for software
purchased by the security division. (P. 25)
In 2009, Acar began monitoring incoming District emails to OCTO
employees to detect any communications from the Office of the Inspector
General. (P. 26)
OCTO’s internal controls failed to detect or prevent Acar’s various fraudu-
lent activities. (P. 27)
Many OCTO employees attribute Acar’s prolonged success to what they
describe as the isolation of the Security Division. Because the Security
Division has access to all District email and telecommunication messages,
OCTO treated the Division differently from its other programs. (P. 30)
For several years before discovery of the fraud, Acar was a key decision-
maker in the hiring of contractors for the security division, which facilitated
his kickback scheme. Moreover, on several occasions he served as acting
program manager of the department, at which time he was able to make
procurement decisions without any careful, third-party scrutiny. Further, as
5 ORGANIZATIONAL CONVENIENCE 65
the acting leader of the group, Acar was able to expand the fraud by
exercising substantial control over the division’s annual budget request.
The lack of external scrutiny prevented these decisions from receiving the
sort of oversight that might have prevented the fraud. (P. 31)
respected Methodist pastor and at the same time the managing director of
the Betanien Foundation. He was convicted to prison for embezzlement
and fraud against the foundation.
Based on the Betanien case, it is relevant to phrase the following ques-
tions: Is there too much trust, too much freedom, too much individual
authority, too little skepticism, and too little control of the financial side in
religious organizations? Is trust often betrayed in terms of white-collar
crime in religious institutions (Fleckenstein and Bowes, 2000)? According
to Owens and Shores (2010), most white-collar crime incidents are exploi-
tations of trust, which can be fostered by a shared religious identity between
the victim and the perpetrator. Are social religious networks an attractive
arena for white-collar criminals (Shores, 2010)? Is the moral of not acting
illegally blinded from a chance perspective when an attractive opportunity
arises? Do shared religious beliefs lead to less acceptability of white-collar
crime (Corcoran et al., 2012)? Many questions are asked and can be put
forward concerning white-collar criminals in religious organizations.
In my sample of hundreds of convicted white-collar criminals in
Norway from 2009 to 2016, very few of them were associated with or
committed their crime linked to a religious organization. Nevertheless, the
subsample of six religious white-collar criminals is worth exploring in
terms of their characteristics and to what extent they may be different
from the majority of white-collar criminals. In addition to Blomhoff, two
were convicted in another church foundation case, one was convicted in a
bank that managed religious people’s and institutions’ money, and two
were convicted in a bishop family.
Corcoran et al. (2012) found that shared religious beliefs and the impor-
tance of God in one’s life are negatively related to the acceptability of white-
collar crime. Religious belief was found to be associated with lower accep-
tance of white-collar crime and certain types of religious contexts condition
this relationship. These effects, however, weaken in religious contexts char-
acterized by belief in an impersonal or a moral God, as do the effects of
religious social relationships and belonging to a religious organization.
Owens and Shores (2010) examined the importance of social and
spatial distance in the case of Bernard Madoff, the perpetrator of one of
the largest white-collar crime cases in US history. Their study shows that
residents of countries in which there were stronger Jewish networks were
more likely to be victimized by Madoff. Shores (2010) found that Jewish
Americans form an ethnic group sharing a common religion, religious
language, a history composed of stories of events, a homeland, and
70 EXPLAINING WHITE-COLLAR CRIME
When you have the opportunity to commit economic crime, there are many
who are considering whether they should wait until they get paid in heaven,
5 ORGANIZATIONAL CONVENIENCE 71
or take their share on earth. There are surprisingly many people who do the
latter, says Gottschalk.
One can hardly get further apart from the Christian statute than how
Blomhoff decided to spend embezzled money, said Johnsen.
In addition to prison for three years, the court decided on an asset recovery
of NOK 18 million from Blomhoff. Embezzlements occurred from 2005 to
2012. He did not terminate his embezzlement activities before rumors
started to spread in the organization. Blomhoff said in court that he regrets
what he has done. He was labeled “party-priest” in Norwegian media.
The Betanien foundation has 550 employees and is operating a hospital,
a kindergarden, and a college in Bergen. In 2001, the foundation estab-
lished “Fundación Betanien” that operates a nursing home in the Spanish
city Alfazdel Pi. Embezzlements occurred when Blomhoff got money
transferred to a fictive maintenance account associated with the nursing
home in Spain (Drammen tingrett, 2015).
The request for access was sent municipalities before the police declared the
investigation closed. As anewspaper, the editor forwarded arguments that
there is a need of a new assessment based on the fact that police has
concluded the case. A Friday afternoon came a note from Council man
Arne Skogbakken that the owners have decided to accommodate the request
for access. The report was to be made available the following Monday. It is in
every way good. That documents have been exempt from public disclosure
has angered many and could have caused to undermine confidence not only
in the management and control of companies but also in the owners. After all,
we are talking about two companies that are both owned by municipalities
and counties.The representatives on the board and in the general assemblies
are thus representing all of local inhabitants and not themselves.
Where were board members? The boards of both companies were
reelected in June. It has puzzled many. Chairman of HRB has previously
stated that the report is pointing in a certain direction, but he wanted not
to expand on this. That Friday afternoon came a strong indication. Then
HRB board stated in a press release that CEO John Ottesen had resigned
in July. We would be surprised if not the report also points to board and
auditor liability.
What about the white-collar criminal? The chief financial officer in his
40s was under investigation in the spring of 2014 for embezzlement of
between NOK 17 and 18 million (approximately US$3 million) from
Hadeland and Ringerike Broadband. The man was previously convicted
of economic crime. According to chairman Kai Glemmestad, the company
has an annual turnover of NOK 75 million. The case became known to the
board of HRB in March 2014 as a result of another police investigation in
Romerike police district. The investigation was led by police officer Ena
Bisevic in Romerike police district and later transferred to police lawyer
Frode Aabak in Vestoppl and police district. According to police, the
suspected man has spent the money on house, cabin, and car.
Hadeland and Ringerike Broadband is owned by three municipal power
companies, and those who can lose money because of the crime are thus
the inhabitants of the municipalities. A second person was charged in the
case, but that person should not be related to the company. The firm
Deloitte has been auditor for the broadband company.
Since 2011, Lars Brorson has been convicted of embezzlement and tax
evasion, and he has spent about three years in prison. He has been
employed in accounting services firms such as Manpower. It turned out
5 ORGANIZATIONAL CONVENIENCE 75
that Hadeland Energy was familiar with the man’s past economic crime
when he was hired in 2009.
The case was uncovered on March 10, 2014, in connection with police
investigations of another firm for tax and accounting offenses in the neigh-
boring police district Romerike. The accused CFO did accounting for this
business, in addition to his job at the broadband company. He was also
charged for these offenses, making the total add up to NOK 20 million.
Norwegian daily newspaper Dagbladet wrote the following story about
the case under the heading “20 million in three years for cabins, cars, wine
and brandy” (Andersen, 2014: 9):
about houses and cottages, car purchases and very high personal consump-
tion, says police lawyer FrodeAabak to the newspaper Hadeland.
Andersen (2014: 9) wrote that “20 million in three years were spent on
cabins, cars, wine and brandy.” However, it turned out that only half of
the money was spent that way, the other half was spent on luxury con-
sumption. Police seized a house, two cottages, two cars, cash, and exclu-
sive wines—and a cognac collection.
The CFO accused of and convicted for embezzlement served a total of three
years and three months in prison after being convicted of similar crime in
2002 and 2004. In addition to charges of gross embezzlement of 18.9 million
from Hadeland and Ringerike Broadband and 2.2 million from the principal
owner Hadeland Energy from 2010 to 2014, he was also charged with
accounting and tax offenses in the case handled by Romerike police district.
The man from the town of Lunnernorth of Oslo in Norway was employed
as accountant in Hadeland Energy in the autumn of 2009 and promoted to
CFO of subsidiary Hadeland and Ringerike Broadband in February 2011.
The accused’s defense lawyer Kenneth Strømme Gundersen said that his
client informed about the second punishment, but not the first, before he got
the job as CFO. The auditor had “no comments” to the accounts in
Hadeland and Ringerike Bredbånd in recent years.
Behavioral Convenience
INTRODUCTION
Convenience may be derived from learning by differential association
(Sutherland, 1983), from benefits that exceed costs as a rational choice
(Pratt and Cullen, 2005), from lack of self-control (Gottfredson and
Hirschi, 1990), from strain (Langton and Piquero, 2007), from absence
of perceived deterrence (Comey, 2009), from obedience to authoritarian
others (Baird and Zelin, 2009), from fear of falling (Piquero, 2012), from
negative life events (Engdahl, 2014), from sliding on a slippery slope
(Welsh et al., 2014), from neutralization of potential guilt feelings
(Sykes and Matza, 1957), and from avoidance of social conflict
(Petrocelli et al., 2003). In this chapter, the remaining case of convicted
company did not have a perfected security interest in any collateral for the
loans for most of the time period during which they were outstanding.
The price of WorldCom stock continued to decline during 2000, and
Ebbers continued to face margin calls from his lenders. By September 6,
2000, the day of a scheduled meeting of the compensation committee, the
stock price was down to $30.27 a share. Shortly before the meeting,
Ebbers told Stiles Kellett, the committee’s chairman, about the margin
calls he was facing, and they discussed the possibility that the company
would give him a loan. There is conflicting evidence whether it was Ebbers
who first suggested the loan. Kellett agreed to take the matter to the
committee. At the meeting that followed, the committee directed the
company to give Ebbers a $50 million loan and—as part of the retention
bonus program then being applied to many WorldCom employees—pay
him a $10 million bonus.
At some point, in-house counsel to the compensation committee dis-
covered that Ebbers was withdrawing money from the direct loans for use
in connection with his other companies’ operating expenses. When con-
fronted with this fact, Ebbers justified the use of the money for these other
businesses as necessary in order to avoid impairing the value of these assets.
Instead of objecting and demanding that Ebbers use the loans only for
their intended purpose, however, the committee accepted this rationale,
concluding it was in the company’s interest that these assets remain
unimpaired so that Ebbers could sell them, if necessary, and repay
WorldCom.
After discovering Ebbers’ other uses of the loan proceeds, the company
characterized the purpose of the loans more neutrally in its filings with the
SEC: “We have been advised that Mr.Ebbers has used, or plans to use, the
proceeds of the loans from WorldCom principally to repay certain indebt-
edness under loans secured by shares of our stock owned by him and that
the proceeds of such secured loans were used for private business
purposes.”
Texas, and he felt entitled to benefit from the success in the behavioral
dimension of convenience theory.
Dr. Wildenthal had a broad mandate to spend university funds for
fundraising, promotion of reputation and recruiting, which largely left
his travel and entertainment expenses to his discretion and judgment.
Wildenthal’s spending was generally consistent with a well developed
and successful fundraising strategy, which focused on a small number of
individuals with the financial capacity to make large donations. However,
he exercised questionable judgment by mingling his business and personal
travel and entertainment expenses.
Breen and Guberman (2012) argue that as a leader of and key official at
a public institution, Wildenthal’s conduct is subject to public scrutiny and
is inevitably viewed by others at UTSW as an example of how to act.
Nevertheless, his spending at times tested the boundaries of permissible
travel and entertainment expenses under the UT System and UTSW rules.
UT System and UTSW had adequate policies, procedures, and internal
controls in place that provided a mechanism for approval, documentation,
reporting, and auditing of Wildenthal’s spending, but they were not
enforced at UTSW. His spending was not in all instances sufficiently
documented to show the predominant business purpose and benefit to
UTSW, and as a result, it was not subjected to meaningful review.
Wildenthal’s travel and entertainment expense reports frequently con-
tained inadequate information and sometimes did not even include a
signed acknowledgment by him. Such expenses were routinely approved
by UTSW’s chief business officer without any inquiry. The practices at
UTSW disregarded UT System policies in place because Wildenthal was
never questioned about the adequacy of the listed business purpose for his
travel or benefit to UTSW.
The investigation by Breen and Guberman (2012) revealed too much
dependence on the audit process by personnel at UTSW. Individuals
responsible for approving presidential expenses admitted to relying on
the audit process, rather than themselves inquiring about questionable
expenses or inadequate business purposes for expenses.
Dr. Wildenthal’s mingling of business and personal expenses forced
him to frequently make decisions as to which expenses were for business
and which were personal. He was a busy man, and it was not at all obvious
what could count as business expenses and what should account for
personal expenses. For example, he traveled to New Zealand for more
than two weeks in January 2010. The business purpose for this trip, as
84 EXPLAINING WHITE-COLLAR CRIME
listed on Dr. Wildenthal’s travel voucher form, was to “Visit the Medical
School at the University of Otago.” While on its own, such a visit may
qualify as a legitimate business purpose, but the primary purpose of this trip
does not necessarily appear to have been business. He designated more days
on this trip as vacation days than as work days, and he traveled with his
family throughout New Zealand. UTSW reimbursed him for $7,646.60,
the cost of his airfare and six nights at a hotel. While Dr. Wildenthal later
made a donation to UTSW for this exact amount, the fact remains that he
perhaps should never have submitted nor should UTSW perhaps have paid
for these travel expenses.
In another instance, he traveled to France and Spain with his wife in
September 2005. As part of his business purpose for this trip, he explained
that he toured the Barcelona Opera House to view its new construction
because UTSW was undergoing its own construction projects at the time.
This is not necessarily a legitimate business purpose. He split his time on
this trip almost equally between work days and vacation days. He was
reimbursed by UTSW for both his and his wife’s travel expenses. While he
made a donation to UTSW for some of his and his wife’s travel expenses,
the fact remains that at least some of these expenses should maybe never
have been submitted to or paid for by UTSW.
Investigators Breen and Guberman (2012) interviewed Wildenthal. He
articulated a business purpose for his trips that were within his broad spend-
ing mandate. He described the purpose of some of his trips as “borderline”
between business and personal. He explained that the opportunity to intro-
duce donors to opera singers backstage or at dinners was invaluable because it
was an experience that he could provide, but which could not be purchased.
From a theoretical perspective, neutralization techniques applied by
Wildenthal seem to include entitlement on his own behalf and lack of
injury or victim (Sykes and Matza, 1957). At the same time, reduced or
limited self-control seems to have been present when making business
travel decisions (Gottfredson and Hirschi, 1990).
It also emerged that Walle had sold apartments and agreed on sales prices,
and then later discovered that the apartments were actually larger/better
than what was assumed at the time of the sales transactions.
88 EXPLAINING WHITE-COLLAR CRIME
As chairman of the board, Walle made a contract with himself as the chief
executive officer. Walle was to record his hours as the CEO and get paid
accordingly. Walle as chairman approved his own time sheet. Although he
made a nice salary as the CEO, he felt he did a lot of good work for the
foundation. He claimed to be the innovative and driving force on behalf of
the Furuheim foundation.
Walle was not only in dual roles of chairman and CEO. He was also
head of the election committee in the foundation. Walle was formally in
charge of all bank accounts owned by the foundation, and he could sign
any money transfer without a need for a co-signature. He managed bank
accounts as his own personal accounts, and he claimed he did only what
was best for the foundation.
Foundation Furuheim was created by Øyestad health association. The
foundation’s objective is to acquire and undertake construction of appro-
priate housing for seniors and rent out homes in these buildings. The
foundation also has the purpose of constructing and maintaining other
kinds of buildings, such as car ports and vacation houses, when they are to
be used by occupants in foundation houses. The foundation is to be
headed by a board of five members.
Walle was running the foundation because he found that others were
reluctant to involve them selves (Hald, 2016: 34):
We assume that some of those who have served on the board simply did not
wanted to sit there. Several board members stated that they were persuaded
or felt they had to, among others because Leif Walle had talked with them.
They did apparently not learn about their responsibilities as board members,
and they have assumed that “Leif Walle will fix all of it”. It is understandable
that one can end up in a board position without fully understand what
responsibilities you have, especially in the case of this type of organizations
with ideal purposes, but it is also obvious that when making decisions in
cases that occasionally touches values for millions of kroner, everyone ha an
independent responsibility regardless, if there are subsequent questions
about the decision made.
Leif Walle may have assumed that he carried the burden of the foundation
on his shoulders alone. He may have felt that he could not count on others
in voluntary work and formal positions in the Furuheim foundation.
From a theoretical perspective, Walle may think that he carried out
rational choices both on behalf of the foundation and on behalf of himself
6 BEHAVIORAL CONVENIENCE 89
INTRODUCTION
In the economical dimension, powerful individuals on the island of
Skjervøy all belong to a special religious group that provides benefits to
group members and family members. In the organizational dimension,
group members are on both sides of the table—they are on the council of
the municipality providing funding to projects run by group members on
the board of companies. In the behavioral dimension, group members
adhere to church rules rather than legal rules, where they can confess their
sins to priests and trusted members of the church.
This case study is concerned with suspected white-collar crime. It is not
about actual white-collar crime. All persons mentioned in the case study
are innocent at the time of writing this case study.
performed. After what investigators had found out, there was no evi-
dence which of the invoiced improvements related to Nergaard funds
that were actually performed. Nevertheless, Årvikbruket Eiendom paid
the invoice. Investigators conclude that the invoice does not satisfy
requirements related to valid sales documents.
Investigators’ analysis of publicly available accounting figures for
Årvikbruket provides no guidance to the extent of maintenance work
performed. From the bottom line figures for 2008 and 2009, it is obvious
that the company itself had no funds to conduct regular maintenance work
(KomRev, 2015: 5):
Our financial analysis of the two aforementioned years as a whole shows that
without receiving revenues of 3,85 million as a result of the invoice to
Årvikbruket Eiendom, the equity at Årvikbruket would be negative at
3,944 million. On request from investigators, an engineer has considered
whether the 22 improvements funded actually had been carried out. In
numbers, most of the improvements are completed. However, the most
expensive innovations have only partly been completed.
Table 7.1 Actors in the Skjervøy case and completed interviews by KomRev
(2015)
Person Roles at Skjervøy Interviewed
Roy Waage He has been mayor of Skjervøy for 16 years, deputy mayor 21.11.2014
for 8 years, chairman of Skjervøy Fisheries Development, 26.03.2015
chairman of Industrial Park Skjervøy, general assembly 29.04.2015
alone for company owned by the municipality, hand- 06.05.2015
picked board members for various companies, denied
other politicians insight into publicly owned companies
by referring to company regulations and laws.
Halvar Chief accountant for ÅrvikbruketEiendom, chairman of 26.03.2015
Solheim the board at Årvikbruket and previous accountant for
Industrial Park Skjervøy, appointed by Roy Waage as
Skjervøy municipality’s representative on the board of
North Troms Energy. In addition, board member at
Kvænangen Power Station, Arnøytind, and Arnøy- and
Laukøy-ferry. Contact person at Årvikbruket Eiendom,
Skjervøy Maritime Center and Redskapshuset.
Øyvind He has been chairman of the board at Industrial Park 16.02.2015
Isachsen Skjervøy and at ÅrvikbruketEiendom. Surveyor and
leader of Skjervøy church ward. He estimated the value
of ÅrvikbruketEiendom at a time when he was chairman
of the board, on behalf of Årvikbruket.
Håvard Board member at Årvikbruket and Årvikbruket Eiendom. Not
Albrigtsen President at Brødrene Albrigtsen. interviewed
Andor He owns 24% of Årvikbruket. Not
Albrigtsen interviewed
Ørjan Current mayor and representative of the Coastal Party on Not
Albrigtsen the municipality council. interviewed
Reidar He was councilman in the municipality. 26.03.2015
Mæland
Rune Stifjell He was chief financial officer in the municipality. Not
interviewed
Dag Roar Retired chief of police for the region. Not
Stangeland interviewed
Torgeir He has been mayor in Skjervøy municipality and 03.12.2014
Johnsen chairman of the Skjervøy Fisheries Development.
Cissel Council leader at Skjervøy kommune. 05.06.2014
Samuelsen
Ingrid Current deputy mayor and representative of the Labour 16.02.2015
Lønhaug Party on the municipality council and previous member
of the board of Skjervøy Fisheries Development.
7 THE CASE OF SKJERVØY IN NORWAY 97
Some of the actors in the Skjervøy case were not interviewed at all by
investigators. KomRev (2015) argues that they have interviewed key
people in the municipal companies Årvikbruket Eiendom, Skjervøy
Fisheries Development, and Industrial Park. A key person is Håvard
Albrigtsen, who was member of the board of Årvikbruket at the same
98 EXPLAINING WHITE-COLLAR CRIME
The report paints a picture of local government at its worst. Here we have a
mayor who deliberately leads his colleagues in the council behind the lights
into the dark. In one of the cases, he issued a worthless mortgage state-
ment, according to Roy Waage himself, with only one purpose in mind: to
put an end to the hassle of critical opposition politicians. There was a
chairman of a municipality company who accepted a specified invoice of
NOK 4.8 million. In retrospect it was found few traces of the alleged
construction work.
Friday this week, the control committee in Skjervøy discussed the latest version
of the investigation report concerning the use of 15 million from the municipal
fisheries fund. A previous police investigation was dropped by the financial
102 EXPLAINING WHITE-COLLAR CRIME
crime team in Troms police distric. The new inquiries have revealed that no one
is able to account for the millions that were allocated to upgrade and renew
municipally owned buildings in Årviksand on Arnøya. Fraud examiners have
also revealed that the privately owned fishing company, which was leasing the
municipal building, sent invoices for work that was not performed.
The police never checked the state of the alleged newly renovated fish
factory. When KomRev (2015) vent on inspection by an authorized
surveyor, it could be concluded that several of the alleged upgrading
measures, which were billed by 4.8 million in 2009, never was completed.
The police had in its first review in 2011 ignored this information.
In its second review in 2015, the police again ignored this information
and dismissed the case. Prosecuting police attorney Einar Sparboe Lysnes
dismissed the case in December 2015. Troms police district would not
investigate the Skjervøy case, and Lysnes gave the following reason
(Solvang, 2015d: 19):
action themselves (Baird and Zelin, 2009). The ultimate authority for a
Christian person is God, who is interpreted by priests and other prominent
members of the laestadian religious movement. Obedience pressure comes
from the authority of interpreting the laws of God rather than the laws of
Norway. In cases of misconduct and crime, incidents are reported to
fellow members of the church who provide forgiveness for sins.
In addition to Baird and Zelin’s (2009) obedience theory, other theories
can as well shed light on the Skjervøy case in the behavioral dimension of
convenience. Slippery slope theory suggests that it is hard to tell when you
are on the wrong side of the law (Welsh et al., 2014). Neutralization theory
suggests that there is no guilt feeling because victims are hard to find (Sykes
and Matza, 1957). Self-control theory suggests that lack of self-control
more easily leads to misconduct and crime (Gottfredson and Hirschi,
1990). Differential association theory suggests that it is more convenient
to conform to the norms advanced by or embraced by those in the church
rather than to deviate in opinion from fellow associates (Sutherland, 1983).
Conclusion
This book has used fraud examination reports as case studies from the
USA and Norway to develop the concept of convenience toward a theo-
retical understanding and explanation of white-collar crime. Hopefully,
this scholarly analysis has made a contribution to the much needed focus
on financial crime and to those whose research is in this sphere.
Intellectual interests have traditionally clustered within criminology, but
this subject matter is also drawing in others, including scholars of manage-
ment and organizational behavior.
Norway is a small country with five million inhabitants. Some global
companies have their headquarters in Norway. Examples include fertilizer
company Yara and telecommunication company Telenor. Both companies
Maturity models can have varying number of stages, and each stage can
be labeled according to the issue at hand. Here we suggest the following
four stages of growth for CSR, as illustrated in Fig. 8.1:
Level of
CSR
maturity Stage IV
Contribution Level
Activating corporate actions Corporate
to contribute as an active executives look
citizen in society for opportunities
in society where
the company
can make a
Stage III difference.
Resource Level
Mobilization of corporate The company is prepared for crisis
resources to be employed in management as well as opportunity
cases of emergency exploration and exploitation.
Opportunities may emerge where
corporate executives will implement
opportunistic behavior to gain from
Stage II opportunities in terms of
Function Level trengthening corporate reputation.
Establishing CSR function
Out of necessity and
within the company for risk
external expectations, a
assessments
CSR function is established
within the company staffed
with individuals who have a
Stage I business perspective.
Business Level
The only responsibility corporations
Maximizing profits for have is that of maximizing profits to
shareholders without any shareholders while engaging in
other obligations open and free competition, without
deception or fraud.
Development over time
in trust and loyalty. It would be like taking money away from owners
and resemble a kind of theft. According to this perspective, corpo-
rate executives do not have the right to behave like modern Robin
Hood types, taking money from the rich and giving it to the poor.
2. Function stage of establishing a function for corporate social responsibility
in the company. At this second maturity level, business executives have
understood that they need to address company relationships with the
outside world in a professional manner. Out of necessity and external
expectations, a CSR function is established within the company staffed
with individuals who have a business perspective. The function here is to
survey implications of business activities in the external environment;
to develop intelligence to learn about external reactions to business
practices; and to conduct risk assessments in terms of effects on corpo-
rate reputation. Corporate social responsibility can be defined here as a
process. The process implies that corporate leaders in the organization
reflect over, and discuss, relationships with stakeholders and partners.
The process also implies that corporate leaders identify their own and
the organization’s roles in relation to societal conditions and societal
utility. This kind of reflection and discussion will cause them to endow
their roles with relevant content and action.
3. Resource stage of resource mobilization for potential threats and
opportunities. At this level, we find a complete, yet passive form of
corporate social responsibility. It represents a reactive strategy where
the company has mobilized resources for cases of emergency. The
company is prepared for crisis management, as well as opportunity
exploration and exploitation. Opportunities may emerge where cor-
porate executives will implement opportunistic behavior to benefit
from opportunities in terms of strengthening corporate reputation.
CSR, at this level, is a concept that causes the company to integrate
principles of social and environmental responsibility and induces
engagement in the company’s activities, both internally and exter-
nally. Two perspectives emerge from this definition. First, CSR
implies a strong link to internal business processes; second, interac-
tions with stakeholders and the society at large also require the
involvement of stakeholders and the society at large, in terms of
their relationships to the company.
4. Contribution stage of proactive involvement in society. At this
final maturity level, corporate executives as well as all other organiza-
tional members perceive their business as part of a greater course in
8 CONCLUSION 111
A new theory of the firm is called for, since the old way of thinking is
outdated (Scherer and Palazzo, 2011: 901):
In order to clarify what the concept of political CSR means and in which
way it is distinguished from earlier approaches of corporate responsibility,
they put up a contrast between political CSR and stakeholder theory. Both
of these approaches imply that corporations have commitments toward
112 EXPLAINING WHITE-COLLAR CRIME
In line with the idea of corporate CSR, corporations are responsible for
contributing to social security and crime prevention. Rather than present-
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INDEX
E K
Economical convenience, 51–60, 65, Kenneth Lay, 42, 52–54, 59
68 Kern Wildenthal, 82–84, 89
Elite in society, 28
Empirical evidence, 1, 70, 106
Enron energy, 36, 40 L
Legal function, 81
Legal transaction, 8, 48, 77
F Legitimate access, 13, 26, 77
Fear of falling, 16, 20, 29, 54, 79, 89, Lehman Brothers, 15, 35, 36
100 Local newspaper, 73
Financial crime, 1–4, 6, 8, 11–13, 15,
19–22, 24, 25, 27, 28, 35, 42, 45,
49, 56, 59, 68, 72, 75–77, 101,
M
105, 107, 113
Maturity model, 109
Financial statement, 39, 40, 42, 73
Motorola telecommunications, 36
Fraud examination, 1, 3, 34–35, 44,
107, 114
Function level, 109
N
Negative emotion, 17
G Neutralization technique, 16, 17, 23,
General Motors, 35, 36 25, 44, 58, 84
Globalization challenge, 108
Goal orientation, 27, 29, 30, 100
O
Occupational crime, 11, 13, 14, 20
H Opinion leader, 59
Harriette Walters, 42–43, 66 Opportunity perspective, 12
Organizational convenience, 54,
61–77, 102
I Organizational opportunity, 63, 76
Illegal means, 9, 26, 54 Organizational setting, 8, 15, 24, 25,
Internal investigation, 53, 56–58, 65, 68, 101, 105
65, 82
Investigation report, 1, 2, 33–35, 40,
44, 46, 53, 54, 56–58, 64–66, 68, P
73, 85, 98, 99, 101 Padakhep Bangladesh, 36
Pennsylvania crime commission, 54
Peregrine financial group, 36
J Personal business, 81
Jeffrey Skilling, 42, 52–54, 59 Philadelphia police department, 36, 40
INDEX 131
R
Rational self-interest, 10, 11 U
Religious organization, 69, 71, University of Texas, 37, 82
105–106
Report of investigation, 34, 39, 42,
93, 94, 98, 99 W
Resource level, 106 White-collar crime, 1–4, 5–16,
19–31, 33, 34, 39, 44, 51–54,
56, 59, 61, 63, 66, 69–71, 75, 76,
S 92, 93, 99, 101, 102, 105, 107,
Sandstorm bank, 36 113, 114
Self-acceptance, 59
Self-assured, 59
Self-control, 16, 18, 29, 44, 46, 79, Y
84, 89, 105 Yusuf Acar, 34, 35, 37, 62–65, 76