EARLY SCHOLARS of white-collar crime, including Edwin Sutherland, recognized that the dominant legal response to crimes by businesses was regulatory rather than penal. Regulatory enforcement occurs in only a very small percentage of the cases in which it could be applied, and it has far less of the moral outrage and stigma associated with the criminal justice system. The regulatory justice system has a lower profile and is less likely to involve an adversarial confrontation between two parties than the criminal and civil justice systems.

Regulation has been very broadly defined as any attempt by the government to control the behavior of citizens, corporations, or sub-governments, but there is no real consensus on its meaning. Regulation typically involves the imposition of official standards and rules on ...

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