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CORPORATE CRIME IN CANADA - A CRITICAL ANALYSIS OF ANTI-COMBINES LEGISLATION

NCJ Number
60256
Author(s)
C H GOFF; C E REASONS
Date Published
1978
Length
150 pages
Annotation
'SUITE CRIME' OR THE ILLEGAL BEHAVIOR WHICH OCCURS IN THE BUSINESS SUITES AND OFFICES OF CORPORATIONS IS EXAMINED FROM THE PERSPECTIVE OF THE CANADIAN LEGAL SYSTEM AND SOCIALIST POLITICAL DOCTRINE.
Abstract
THE STUDY OF SUITE CRIME IS QUITE BROAD AND INCLUDES A VARIETY OF OFFENSES. THEREFORE, A SPECIFIC ANALYSIS FOCUSES ON THE CANADIAN ANTICOMBINES LEGISLATION WHICH IS THE MAJOR FEDERAL MEANS OF CONTROLLING CORPORATIONS AND THEIR ECONOMIC ACTIVITY WITHIN THE CAPITALIST STATE. WHILE MOST STREET CRIMES HAVE CLEARLY IDENTIFIABLE VICTIMS AND OFFENDERS, THE VICTIM-OFFENDER RELATIONSHIP IN SUITE CRIMES IS LESS EASILY RECOGNIZED. HOWEVER, THE EFFECT OF SUITE CRIME IS MEASURED NOT ONLY IN TERMS OF IMMEDIATE ECONOMIC LOSSES TO INDIVIDUALS, BUT ALSO IN TERMS OF THE JUSTNESS OF CANADIAN SOCIETY. AN EXPLORATION OF THE ORIGIN OF THE ANTICOMBINE LAWS AND THEIR ADMINISTRATION REVEALS THE USEFULNESS OF THE CONFLICT METHOD OF STUDY. ANTICOMBINE LAW IS SHOWN TO HAVE DEVELOPED WITHIN A SOCIOECONOMIC CONTEXT WHICH TRIED TO PROTECT THE PUBLIC INTEREST, BUT WHICH EFFECTIVELY SERVED THE INTERESTS OF BUSINESSES. AS AN EXPRESSIVE LAW DEFINING THE RIGHTNESS OF FREE ENTERPRISE AND COMPETITION, IT HAD LITTLE EFFECT UPON THE ILLICIT PURSUITS. THE INFLUENCE OF BUSINESS ON SHAPING THE LAWS SINCE WORLD WAR II IS READILY APPARENT. IN SPITE OF RECOMMENDATIONS FOR TOUGHER CONTROL OF BUSINESS, LEGISLATION HAS BEEN RELATIVELY INNOCUOUS. A STATISTICAL ANALYSIS OF VIOLATIONS OF THE ANTICOMBINE LAW SUGGESTS THAT MANY CORPORATIONS ARE RECIDIVISTS, AND THAT THE LARGER CORPORATIONS ARE IMMUNE FROM THE LAW WHEN COMPARED TO THE SMALLER COMPANIES. POLICY CHANGES SHOULD INCLUDE THE PROVISION OF PERSONAL LIABILITY FOR CORPORATE OFFICERS. TABULAR DATA AND REFERENCES ARE PROVIDED.

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