CRIM30005 Subject Guide 2021 PDF

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THE UNIVERSITY OF MELBOURNE SCHOOL OF SOCIAL AND POLITICAL SCIENCES FACULTY OF ARTS

CRIM30005 Corporate Power and White Collar Crime Subject Guide Semester One, 2021

The website for this subject is available through the Canvas Learning Management System (LMS) at: https://lms.unimelb.edu.au/students The Canvas LMS is an important source of information for this subject. Useful resources such as lecture/seminar notes, lecture recordings and subject announcements will be available through the Canvas LMS website. It is your responsibility to regularly check in with the Canvas LMS for subject announcements and updates. You will require a university email account (username and password) to access the Canvas Learning Management System. You can activate your university email account at: https://accounts.unimelb.edu.au/manage Page 1 of 23

Teaching Staff Subject Coordinator: Fiona Haines Brief Profile: Fiona Haines is Professor of Criminology in the School of Social and Political Sciences at the University of Melbourne and Adjunct Professor at the Australian National University. She teaches in the area of corporate and white collar crime, regulation and compliance as well as sociological perspectives on crime and deviance. Her research is principally in the areas of white collar crime, globalization, risk, regulation and the control of corporate harm. Office Location: E472 (via Zoom) Phone: 8344 6563 Email: [email protected] Consultation hours: Monday 2.30-3.30pm or email me for an appointment Tutor : Julie Youssef Email: [email protected] Consultation hours: By appointment Tutor: Kamilia Al-Eriani Email: [email protected] Teaching Staff Availability Teaching staff are available during their notified consultation times, and emails will be responded to in a timely manner (usually within 48 hours) during normal business hours. Teaching staff cannot be expected to respond to student queries during weekends. Note also that although teaching staff will make every effort to assist students prepare for their assessment tasks, this is limited to general advice and assistance with students developing their own responses to the tasks as set. Assessment assistance doesn't generally include technical advice (e.g. formatting and structure, referencing style, layout and presentation) which is advised in the Subject Guide and/or is available from other university departments such as the University's library service or the Academic Skills Unit. DO NOT attend campus if you have a fever, chills, sweats, cough, sore throats, shortness of breath, runny nose or loss or change in sense of taste or smell- however mild. Follow this guide about getting tested for COVID-19 and what to do if you or someone you know tests positive, including notifying the University. Consult the information.

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COVID-19

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Subject Overview This subject analyses the crimes and harms of the powerful. The subject examines the relationship between government, business and law both theoretically and through a series of case studies to explore the reasons behind business harms and crimes and why they are so difficult to tackle. The subject traces three different entry points into crimes of the powerful: corporate and white collar crime; business corruption and crimes of the powerful in a globalised economy. Students will explore a range of criminological theories that can help explain the harms perpetuated by the powerful as well as the techniques employed by the state in regulating white-collar and corporate misconduct. This includes the challenges of defining such harm as criminal and the strengths and weaknesses of trying to use the criminal law in curbing such activities. Case studies are used to deepen student's understanding of the breadth of such crime and harm as well as the similarities and differences between them. Case studies include complex financial fraud, industrial disasters, professional misconduct, tax avoidance and environmental harm.

Student evaluation of this subject: A previous version of this subject was taught in 2019 and 2020. However, student experience surveys were not undertaken in 2020. You will find a report of an informal student survey that was undertaken in 2020 on the Canvas site.

The following are some of the ratings this subject received from the Quality of Teaching questionnaire / Subject Experience Survey in 2019: Question 2 ‘This subject was well taught’ – 4.5 2019 Question 3 ‘This subject was intellectually stimulating’ – 4.6 in 2019 Question 9 ‘Focusing on my own learning, I have been required to work at a high standard’ – 4.6 in 2019. Positive feedback about this subject: The lecture content and use of contemporary examples. The main strengths of the subject were the introduction to case studies and theoretical tools to understand them. Many of the lectures were really interesting and explored theories that have not been focused on in previous criminology subjects. I also liked how the theories Page 3 of 23

such as embeddedness ran throughout all the lectures and was applied to different corporate or white collar crimes. The content was very interesting and new to me, and Fiona was a very clear lecturer. I also really enjoyed the assignment and how the first assignment was linked to the main essay. Engaging material. Fiona’s passion is incredible and motivated me to learn, especially being in her class. All material was new to me but it was presented in a way where the student could get comfortable with terms on a surface level then dive deeper later – rather than being hit with heavy stuff right away. One of the best subjects I have ever done. It really complicated the issue of white-collar crime and took away the popular idea that corporations and governments simply hate us. The subject was extremely well structured. Both lectures and tutorials were very informative and breakout room discussions really helped to consolidate learning. Suggestions for improvements: I found the wording of the take home exam questions a bit confusing. I didn’t always really understand what the main question was. Face to face lectures, when possible. I would like a compilation of bonus media of interesting documentaries and books that if students were interested in, they could watch. Response and Actions: The subject coordinator has provided the following response to students’ feedback Questions for the take-home exam have been revised for greater clarity. Unfortunately, we do not have control over lecture-delivery modes and are committed to the safe delivery of lectures online until further notice. Students can email relevant bonus content to their tutor or the coordinator to be shared to the Canvas site.

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Learning Objectives Upon successful completion of this subject, students are expected to:

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have an understanding of the problems of definition of the various forms of business, occupational or corporate criminality. have an appreciation of the importance of corporate criminality in the context of the social and political life. have an understanding of the forms of individual business or occupational crime, including such forms of financial crime as complex financial fraud have learned some of the problems which concern the regulation of white collar crime, including the features of law which cause particular problems in the control of corporate misconduct communicate effectively in oral and written formats.

Subject Structure Students are expected to attend 1 x 1.5 hour lecture and a 1 hour tutorial per week. The lecture will be live via Zoom and students are encouraged to join the lecture at this time. The Subject’s timetable is as follows:

Day Time Lecture 1:

Location

Monday

Via Zoom (synchronous (preferred)) or recorded via Canvas. Zoom links will be set up in Canvas.

1-2.30pm

Tutorial 1:

refer to the student timetable for a full list of available tutorials in this

subject.

Class Registration – Tutorials Students are required to Register into their lectures, tutorials and seminars before the commencement of the subject, by using MyTimetable.

Readings Page 5 of 23

All required readings for this subject are listed in this subject guide. Online links to all required readings and most recommended readings are available from the ‘Readings’ section of the subject Canvas LMS site. Required readings represent the minimum expected for you to participate effectively in class. Further recommended readings are listed in this guide and on the Canvas LMS. You are encouraged to augment your understanding of the topics discussed by drawing on this list. In addition, it is expected that you will develop your own learning and knowledge through wider reading and research, particularly with regard to completion of assessment items.

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Semester 1, 2021 Lecture / Tutorial Program and Readings Week One (1 – 5 March, 2021): Topic: Introduction and key concepts

Week Two (8 – 12 March, 2021): Topic: Understanding White Collar Crime Required Reading: Haines, F. (2017) “White Collar and Corporate Crime” in D. Palmer, W. De Lint and D. Dalton (Eds.) Crime and Justice: An Australian Textbook in Criminology Sydney, Lawbook Co. Pp 173-192. Whyte, D. (2014) “Regimes of Permission and State-Corporate Crime”. State Crime Journal, 3:2: 237–246. https://doi.org/10.13169/statecrime.3.2.0237. Ruggiero, V. (2015) ‘A Criminological Classification’ in V. Ruggiero, Power and Crime (Abingdon: Routledge): 6-25 Recommended Reading: Streeck, W. (2011) "Taking Capitalism Seriously: Towards an Institutionalist Approach to Contemporary Political Economy." Socio-Economic Review 9:1: 137-167.

Week Three (15 – 19 March, 2021): Topic: Organised Crime and Business Corruption Required Reading: Hibou, B. (2012) ‘Economic Crime and Neoliberal Modes of Government: The Example of the Mediterranean’, Journal of Social History, 45(3): 642–60 Recommended Reading:

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van Duyne, P. (2015) ‘The Moral Relativity Pride Parade: an introduction’ in P. van Duyne, A. Maljevic, G. Antonopoulos, J. Harvey and K. von Lampe (eds.), The relativity of wrongdoing: Corruption, organised crime, fraud and money laundering in perspective (Nijmegen NL: Wolf Legal Publishers): 3-19 – available free online at http://www.crossborder-crime.net/freecopies/CCC_intro_2015_Relativity.pdf C. Fletcher, C. and Herrmann, D. (2012) The Internationalisation of Corruption: Scale, Impact and Countermeasures (Farnham: Gower) Hobbs, D. (1998) ‘Going Down the Glocal: The Local Context of Organised Crime’, Howard Journal of Criminal Justice, 37 (4): 407-22 Hobbs, D. (2013), ‘The Houses in Between: The Neighbourhood Firm on Shifting Terrain’ in D. Hobbs, Lush Life: Constructing Organized Crime in the UK (Oxford: Clarendon Press): 90-109 Naylor, R. T. (2004) Wages of Crime (Ithaca NY: Cornell UP): 13-43 dela Rama, M. (2012) ‘Corporate Governance and Corruption: Ethical Dilemmas of Asian Business Groups’, Journal of Business Ethics, 109 (4): 501-519 Ruggiero, V. (1996) Organised and Corporate Crime in Europe: Offers That Can't Be Refused (Aldershot: Dartmouth)

Week Four (22 – 26 March, 2021): Topic: Globaliastion Required Reading: Connor, T. and F. Haines (2013) "Networked regulation as a solution to human rights abuse in global supply chains? The case of trade union rights violations by Indonesian sports shoe manufacturers." Theoretical Criminology 17:2: 197-214 Recommended Reading: Schoultz, Isabel, and Janne Flyghed (2016) “Doing Business for a ‘Higher Loyalty’? How Swedish Transnational Corporations Neutralise Allegations of Crime.” Crime, Law and Social Change 66 (2): 183–98. https://doi.org/10.1007/s10611-016-9619-5 Kirsch, S. (2014) “Introduction” in Mining Capitalism: The relationship between corporations and their critics, Oakland, University of California Press, pp 1-14 Bello, W. (2006) “The Capitalist conjecture: Over-Accumulation, Financial Crises, and the Retreat from Globalisation” Third World Quarterly, 27:8:1345-1367

Week Five (29 March – 1 April, 2021): Topic: Complex Financial Fraud Required Reading: Page 8 of 23

Haines, F. (2014) Corporate fraud as misplaced confidence? Exploring ambiguity in the accuracy of accounts and the materiality of money” Theoretical Criminology February 18 (1): 20-37 Recommended Reading: Aliber, Robert Z., and Kindleberger, Charles P. (2015) “Bernie Madoff: Frauds, Swindles, and the Credit Cycle” in Manias, Panics and Crashes (7th Edition) Chapter 7, pp117-153 Simpson, S. (2011) "Making Sense of White-Collar Crime: Theory and Research." Ohio Journal of Criminal Law 8: 481-502 Steele, S. (2008) “Lessons (to Be) Learnt from the Opes Prime Insolvency.” Melbourne University Law Review 32 (3): 1127–57

*********************************************************** Easter Break & Non-teaching period Friday 2 April, 2021 – Sunday 11 April, 2021 *********************************************************** Week Six (12 – 16 April, 2021): Topic: Tax Avoidance and Evasion Required Reading: Sikka, P. (2010) Smoke and mirrors: Corporate social responsibility and tax avoidance. Accounting Forum, 34(3), 153–168. https://doi.org/10.1016/j.accfor.2010.05.002 Recommended Reading: Hasseldine, J., & Morris, G. (2013) Corporate social responsibility and tax avoidance: A comment and reflection. Accounting Forum, 37(1), 1–14. https://doi.org/10.1016/j.accfor.2012.05.001 Sikka, P. (2013) Smoke and mirrors: Corporate social responsibility and tax avoidance— A reply to Hasseldine and Morris. Accounting Forum, 37(1), 15–28. https://doi.org/10.1016/j.accfor.2012.09.002

Week Seven (19 – 23 April, 2021): Topic: Industrial Disasters Page 9 of 23

Required Reading: Woolfson, C. (2012) "Preventable Disasters in the Offshore Oil Industry: From Piper Alpha to Deepwater Horizon." New Solutions: A Journal of Environmental & Occupational Health Policy 22(4): 497-524 Recommended Reading: Hodkinson, Stuart. (2018) “Grenfell Foretold: A Very Neoliberal Tragedy.” In Social Policy Review 30: Analysis and Debate in Social Policy, 2018, edited by Needham Catherine and Heins Elke, 30th ed., 5–26. Bristol, UK: Policy Press (access to be confirmed) Perrow, C. (2008) "Disasters Evermore? Reducing Our Vulnerabilities to Natural, Industrial, and Terrorist Disasters." Social Research 75(3): 733-752 Vaughan, D. (1999) "The dark side of organizations: Mistake, misconduct, and disaster." Annual Review of Sociology 25: 271-305

Week Eight (26 – 30 April, 2021): Topic: Crime and the Environment Required Reading: Kennedy A, Schafft KA and Howard TM (2017) Taking away David’s sling: environmental justice and land-use conflict in extractive resource development. Local Environment 22(8). Routledge: 952–968. DOI: 10.1080/13549839.2017.1309369 Brisman A and South N (2019) Green Criminology and Environmental Crimes and Harms. Sociology Compass 13(1): e12650. DOI: https://doi.org/10.1111/soc4.12650. Recommended Reading: Bisschop, L. (2012) “Is it all going to waste? Illegal transports of e-waste in a European trade hub.” Crime, Law and Social Change, 58:3: 221-249 Buscher, B., & Fletcher, R. (2018) “Under Pressure: Conceptualising Political Ecologies of Green Wars”. Conservation and Society, 16:2:105-113 https://doi.org/10.4103/cs.cs_18_1 Lynch, Michael J., Paul B. Stretesky, and Michael A. Long. (2016) “A Proposal for the Political Economy of Green Criminology: Capitalism and the Case of the Alberta Tar Sands.” Canadian Journal of Criminology and Criminal Justice 58: 137–60

Week Nine (3 – 7 May, 2021): Topic: Small Business Crime

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Required Reading: Glasbeek, H. (2002) “The Small and the Ugly” Wealth by Stealth: Corporate Crime, Corporate Law and the Perversion of Democracy, Toronto, Between the Lines, Chapter 4, pp37-60 Recommended Reading: Parker C. (2012) Economic Rationalities of Governance and Ambiguity in the Criminalization of Cartels. British Journal of Criminology 52: 5: 974-96 Clibborn, Stephen, and Wright, CF (2018) “Employer Theft of Temporary Migrant Workers’ Wages in Australia: Why Has the State Failed to Act?” The Economic and Labour Relations Review 29 (2): 207–27. https://doi.org/10.1177/1035304618765906

Week Ten (10 – 13 May, 2021): Topic: Professional Misconduct Required Reading: Gunn, J. (2010) "Dr Harold Frederick Shipman: An enigma." Criminal Behaviour & Mental Health 20(3): 190-198 Recommended Reading: Soothill, K. (2001) "The Harold Shipman case: a sociological perspective." Journal of Forensic Psychiatry 12(2): 260-262 Bayou ME, Reinstein A, Williams PF. (2011) “To tell the truth: A discussion of issues concerning truth and ethics in accounting. Accounting, Organizations and Society 36: 109-24”

Week Eleven (17 – 21 May, 2021): Topic: Reducing Business Crime Required Reading: Gunningham, N. (2011) “Strategizing compliance and enforcement: responsive regulation and beyond” in C. Parker and V. Lehmann Nielsen (Eds) Explaining Compliance: Business Reponses to Regulation Cheltenham, Edward Elgar, pp. 199-220 Recommended Reading: Rodríguez-Garavito, C. A. (2005) "Global Governance and Labor Rights: Codes of Conduct and Anti-Sweatshop Struggles in Global Apparel Factories in Mexico and Guatemala." Politics & Society 33:2: 203-333 Christ, K., Rao, K. and Burritt, R. (2019). “Accounting for Modern Slavery: An Analysis of Australian Listed Company Disclosures.” Accounting, Auditing & Accountability Journal 32 (3): 836–65. https://doi.org/10.1108/AAAJ-11-2017-3242

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Week Twelve (24 – 28 May, 2021): Revision

SWOT VAC: Monday 31 May – Friday 4 June 2021 EXAMINATION PERIOD: Monday 7 June – Friday 25 June, 2021

Attendance / Participation Requirements Tutorials / Seminars Students should be aware of what is expected of them in tutorials / seminars this should be discussed in the first class. As a minimum, students are expected to attend, undertake weekly readings and contribute to discussion. Undergraduate Tutorial Attendance Hurdle Requirement Attendance at all lectures and tutorials is expected. Apologies for absence, especially from tutorials, are also expected. All Undergraduate subjects in the School of Social and Political Sciences have a minimum Hurdle Requirement of 75% tutorial attendance of all tutorials for the subject. If a student does not meet the tutorial attendance hurdle requirement s/he will fail that subject with an NH grade. Honours/Graduate Seminar Attendance Hurdle Requirement Standard Semester-Long Subjects: Attendance at all Lectures (where applicable) and Seminars is expected. Apologies for absence, especially from seminars, are also expected. Honours and Graduate students are required to attend a minimum of 80% of all seminars for the subject in order to qualify to have their written work assessed. If a student does not meet the seminar attendance hurdle requirement they will fail that subject with an NH grade. Intensively-Taught Subjects: Attendance at all Lectures, Seminars and Workshops throughout the subject’s intensive teaching period is compulsory. If a student does not meet the seminar attendance hurdle requirement they will fail that subject with an NH grade. Application for Tutorial/Seminar Attendance Waiver Students can apply for attendance waivers of up to a maximum of 2 classes only (beyond the number of classes students are able to miss without penalty). Applications should be submitted to the Subject Coordinator by e-mail (and copied to the tutor/seminar assistant) no later than 3 working days after the class that was missed. Supporting documentation (i.e. Doctor’s certificate) may be Page 12 of 23

supplied to support a student’s request. Students should be notified of the outcome of the application via email within three business days of its submission. If t...