Indeed, in RICO cases, there may well be elements of violent and even homicidal criminal activities involved that clearly make the thefts involved fall outside the purviews of the sentencing regimens established for white collar crimes. According to Podger, "If the conduct is fraud and the predicate act is mail or wire fraud, it should be designated as a white collar crime. When, however, the RICO predicate relates to a state-based offense such as murder or robbery, it should clearly be outside the realm of being a white collar crime" (731). Consequently, a mere cursory analysis of the specific controlling statute may not provide any substantive guidance concerning whether the criminal activity should be handled as a white collar crime. As Podger points out, "The circumstances of the conduct may be equally important in categorizing the activity" (732). These circumstances relate to the position of trust held by the perpetrator. In some cases, acts of theft are committed by an organization's top leaders, while in others they are committed by employees who are simply seeking to gain personal profit at the expense of the company. While many observers might suggest that tougher and longer sentences in prison serve as the best deterrent to white collar crimes, Podger emphasizes that other alternatives exist that might better serve the interests of society as well as the individuals involved. To help reduce the incidence of future criminal behaviors by those in a position of trust and power, Podgor suggests that, "White collar sentences need to be reevaluated. In essence, the mathematical computations that form the essence of sentencing in the federal...

Because many white-collar criminals are first offenders and pose little risk of future dangerous to society and are unlikely to regain a comparable position of power in which they can reoffend, Podger recommends considering alternative that could better rehabilitate individual criminals rather than the strict sentencing guidelines set forth by federal statutes. In sum, this author concludes that, "It is important to strive for a sentencing system that is classless, but in doing so it is also important to respect real differences" (Podger 732).
Conclusion

Most people would agree that people who are in a position of trust and who commit theft from their organizations deserve to be punished. In her study, Podger agrees with this view but cautions that existing sentencing regimens for white-collar criminals may be doing more harm than good and have done little to reverse the increasing incidence of white-collar crimes in the United States in recent years. While no policymaker or law enforcement authority would likely want to be viewed as being "soft on crime," particularly in this environment, Podger makes some good points concerning the need to make the punishment fit the crime and recommends alternative methods of punishment that take into account the sociological issues that may compel individuals to steal from their companies in the first place.

Works Cited

Black's Law Dictionary. St. Paul, MN: West Publishing Company, 1990.

Podgor, Ellen S. 2007. "The Challenge of White Collar Sentencing." Journal…