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A Relaxed Approach to "White-Collar Crime"

A Relaxed Approach to "White-Collar Crime"

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July 10, 2010

According to a report at Securities Docket : “In Ireland, an official at the Office of the Director of Corporate Enforcement, the country’s corporate watchdog, acknowledged that no one prosecuted for white-collar crime by the ODCE  has been jailed in the 10-year history of the office.”

This seems to me an entirely sensible approach to so-called “white-collar crime.” I exempt clear and demonstrable fraud, when there are victims that remain unrecompensed. But apart from that, I confess, I am coming to believe that no so-called economic crimes should be punished by prison sentences. The law of economic crimes is simpy not well grounded on clear and convincing violations of natural rights, on acts that lawyers called malum in se.

Of course, as this story shows, the sensible and healthy Irish approach will likely fall victim very soon to more contemporary trends .

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