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IN THE FIELD OF CRIMINOLOGY, the term employee crime, commonly referred to as occupational crime, is generally agreed to be a subtype of white-collar crime. Beginning with the coining of the term white-collar crime by Edwin H. Sutherland, the broader concept of white-collar crime has been subject to numerous definitional revisions.

For example, it is well known that Sutherland's definition of the term was “a crime committed by a person of high status and respectability, in the course of his occupation.” This definition immediately calls attention to the fact that the white-collar offender is by nature, legitimately employed. Although it focuses on the characteristics of the individual offender, Sutherland's most extensive study of white-collar crime actually focused on sanctions against entire organizations, rather than separate individuals.

As a result, the distinction between corporate and occupational crime emerged: corporate crime was considered to be a crime that is committed on behalf of the employing organization, while occupational or employee crime was considered to be committed against the employing organization, to the benefit of the individual. Some debate about this distinction has emerged in the field, mainly in the concern over what types of occupations should be studied. This issue is related to Sutherland's original concern with the status of high-class, respectable individuals, particularly with regard to the fact that their characteristics often render them immune from legal action.

In spite of ongoing definitional disputes, the distinction between the two forms of white-collar crime has generally been accepted. Researchers studying employee crime may focus on specific occupations, or choose to include a wider variety of offenses that may occur equally often in different occupational settings. Broader conceptualizations of employee crime tend to incorporate a large number of acts that share the characteristic of violating trust: the individual employee violates his or her employer's trust by engaging in acts that directly or indirectly victimize the place of business.

Types of Crime

The Integrity Center, an organization that conducts risk-management assessments for employers, has identified several offenses that are consistent with employee crime. One such offense that may occur in a variety of settings is espionage, which is defined as: the theft or unauthorized acquisition of secret or restricted information. The purpose of industrial espionage is usually related to the acquisition of unique and profitable information belonging to a commercial enterprise. Another common form of employee crime is referred to as kickbacks. Kickbacks are various payments or favors that are given clandestinely to decision-makers in return for selecting the offender's products or services. Examples of kickbacks may vary considerably based on the particular industry involved, but could include such common categories as money, gifts, or personal favors.

Fraud is also a general type of employee crime, and can take numerous forms. The Association of Certified Fraud Examiners (ACFE), a leading authority on the topic, has conducted extensive research on what they have termed occupational fraud. This offense is broken down further into three categories: asset misappropriation, corruption, and fraudulent statements. Each of these categories contains yet additional subcategories based on the strategies used to commit them and on the resulting gains (financial or non-financial) for the individual offender.

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