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                                             CORPORATE DEVIANCE


INTRODUCTORY EXAMPLES

A.H. Robbins and the Dalkon Shield

Allied Chemical and Kepone



 

DEFINITION OF CORPORATE DEVIANCE

Criminal acts committed by individuals or groups of individuals during the normal course of their work as employees of organizations, which they intend to contribute to the achievement of goals or other objectives thought to be important for the organization as a whole, some subunit within the organization, or their own particular job duties.

Two Types of Persons

    Natural Persons -- Physical persons

    Juristic Persons -- No corpus, no fixed life span, must act through natural persons
     



 

FREQUENCY OF CORPORATE DEVIANCE

Edwin Sutherland

    Study of the 70 largest manufacturing, mining, and mercantile corporations, 1900-1944
     
      980 violations

      All firms had at least one violation

      97% had two or more violations

      50% - 75% were engaged in continuous violations

Clinard and Yeager
    Study of 582 largest public corporations, 1975-1976
     
      1,553 legal cases brought

      60% had at least one action against them

      200 of 477 manufaturing corporations had multiple charges filed

      38% of companies responsible for over half of the violations

      Oil refining, drug, and automobile industries over-represented

      Of corporations that had at least one violation, the average number was 4.2



 

TYPES OF CORPORATE DEVIANCE

Antitrust Violations

Gain -- Reduction of competition, increased market share, increased economic power
False Advertising
 Gain – Increases market by creating artificial demand
Production and Sale of Hazardous Goods
 Gain – Reduced cost of production (engineering, testing, development)
Occupational, Health, and Safety Violations
 Gain – Reduced cost of production (safety equipment, medical tests)
Labor Law Violations
Gain – Reduced labor costs through diminished collective bargaining power
Pollution, Public Health and Safety Violations
Gain – Reduced production costs (disposal, protections)
Illegal Political Campaign Contributions
Gain – Increased political influence in making and enforcement of laws
Securities Fraud – Creation of financial capital by sale of fraudulent or falsely inflated stock
Gain – Increased profitability
 

THEORY OF CORPORATE DEVIANCE

MOTIVATION

Origin

Production for market

Money economy

Goal of economic success

Fear of failure

Normative restraints
 Common interest in mutual rules to prevent complexity and chaos
 
OPPORTUNITY

Attractiveness

Amount of gain

Potential risk

Compatibility of ideas actor already has

          Evaluation of illicit opportunity with other available opportunities
 

Law Enforcement
Level and concentration of corporate power

Certainty and severity of punishment

Victimization through small losses

Distribution of Anti-trust Activities

Industries

Attractive opportunities in high concentration industries

Bribery as an alternative – aircraft production(purchasing decisions),   petroleum production (decision making climate)


Organizational Sets
Attractive opportunities when a small number of organizations are a the top of the stratification structure

Organizations
Greater pressure in low profit organizations

Greater proclivity in organizations that set unrealistic goals


Occupations
Attractive when valuable services can be exchanged – politicians, inspectors, purchasing agents

MONOPOLIES

Definition of Monopolistic Activity

Dominance of a market so as to suppress competition
Types of Activity
Price fixing agreements between competitors

Monopolistic control over a section of the market

Stock acquisitions in competitors that reduce competition

Interlocking directorates

Price discounts not justified by economies of scale


Types of Monopolies

True Monopoly  – vertical and horizontal
Shared Monopoly – (4 firms of fewer control at least  50% of the market in a sector)

Economic Concentration
Trend toward increasing economic concentration
Frequency of shared monopolies
 

AUTOMOBILE INDUSTRY

Industry Concentration

    Effects

    Limited competition in price or quality

    Planned obsolescence to stimulate sales

    Control over replacement parts

    Deviant marketing

    Short sale

    Kickback payments from wholesalers

    Cosmetic changes in used cars

    Parts monopolies and flat labor costs

    Retail prices on replacement parts
     

Ford Pinto Case
 

CORPORATE DEVIANCE IN OTHER INDUSTRIES


Poultry Production

Savings and Loan Industry