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One interesting distinction is white collar is often very binary. You did or did not have insider knowledge before you did that trade? On the other hand for b
by VLM 11y ago
One interesting distinction is white collar is often very binary. You did or did not have insider knowledge before you did that trade?
On the other hand for blue collar / property / violence crimes there are a bazillion analog levels. There are many levels and layers of criminal charges for killing someone ranging from "driver ran over a bicyclist" up to serial killer with punishment in proportion to level of intent and likelihood of repeating etc.
Its not that its hard to prove or there is little evidence beyond circumstantial, its that typical police going after a typical guy for typical things will bust someone frankly obviously at "level 5" and the prosecutor offers them the choice of a trial against charges of "level 4" or plea bargain out as guilty of a "level 3".
White collar crime tends not to have a sliding scale of criminal activity. Maybe a small dollar value is a misdemeanor vs a felony, but its very binary either you cheated or you didn't and one or two steps below the binary "did it" is you walk not even hit a grand jury.
This is before you get into theory about open conspiracy and control fraud. If everyone knows the whole structure relies on no bad apples and someone is a bad apple then what do you do, indict the entire economic system for having intentionally created a ridiculously cross connected system?
- rayiner 11y agoWhite-collar crimes are extremely analog, and those gradations are all inside someone's head instead of being an external quantity that can be measured (like grams of cocaine). For example: pretty much whenever someone sells something, the buyer is going to be more optimistic about the value of the thing than the seller. At what point does that become fraud?
- AnimalMuppet 11y agoWhen the seller deliberately tries to deceive the buyer, or when the seller does not disclose something that the seller has a legal duty to disclose. In principle, it's not real hard. (In practice, of course, it can get very complex and grey...)
- jrochkind1 11y agoWhite collar crimes can quite often be measured in dollars, just as banned substances can be measured in grams.