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c:\Websites\foutz237\quodlibet.net\cgi-bin\axs\ax.cgi - working okay - no logging command received - use ?debugme query string for more info. Quodlibet Journal: Volume 6 Number 1, January - March 2004
Fraud and Economic Dishonesty: A Curse on Our Society Several times in
Scripture the Apostle Paul states that one of the things that marks him as a
genuine minister of God is his honesty.
“And so, since God in his mercy has given us this wonderful ministry, we
never give up. We reject all shameful
and underhanded methods. We do not try
to trick anyone, and we do not distort the word of God. We tell the truth before God, and all who
are honest know that (2 Corinthians 4:1-2).”
And later in 2 Corinthians (7:2), he adds: “Please open your hearts to
us. We have not done wrong to
anyone. We have not led anyone
astray. We have not taken advantage of
anyone.” And in other passages he
admonishes Christians to be honest in their everyday lives. Philippians 4:8-9: “And now, dear brothers
and sisters, let me say one more thing as I close this letter. Fix your thoughts on what is true and
honorable and right. Think about things
that are pure and lovely and admirable.
Think about things that are excellent and worthy of praise. Keep putting into practice all you learned
from me and heard from me and saw me doing, and the God of peace will be with
you. Ephesians 5:
3-9: “Let there be no sexual immorality, impurity, or greed among you. Such sins have no place among God’s
people. Obscene stories, foolish talk,
and coarse jokes—these are not for you.
Instead, let there be thankfulness to God. You can be sure that no immoral, impure, or greedy person will
inherit the Kingdom of Christ and of God.
For a greedy person is really an idolater who worships the things of
this world. Don’t be fooled by those
who try to excuse these sins, for the terrible anger of God comes upon all
those who disobey him. Don’t
participate in the things these people do.
For though your hearts were once full of darkness, now you are full of
light from the Lord, and your behavior should show it! For this light within you produces only what
is good and right and true.” There are many
ways to be dishonest. This paper will
focus on economic dishonesty, or fraud.
The Old Testament records several passages that state God’s displeasure
at economic fraud and His respect for those who are honest. The Pentateuch commanded economic honesty in
order for Israel to receive His blessing.
The Book of Proverbs connects economic honesty with a happy life and
good rewards. And the Prophets rebuke
Israel because of their economic dishonesty and cheating hearts. Deuteronomy
25:13-16: “You must use accurate scales when you weigh out merchandise, and you
must use full and honest measures. Yes,
use honest weights and measures, so that you will enjoy a long life in the land
the Lord your God is giving you. Those
who cheat with dishonest weights and measures are detestable to the Lord your
God.” Proverbs 11:1-5:
“The Lord hates cheating, but he delights in honesty. Pride leads to disgrace, but with humility comes wisdom. Good people are guided by their honesty;
treacherous people are destroyed by their dishonesty. Riches won’t help on the day of judgment, but right living is a
safeguard against death. The godly are
directed by their honesty; the wicked fall beneath their load of sin.” Hosea 12:1-8:
“The people of Israel feed on the wind; they chase after the east wind all day
long. They multiple lies and violence;
they make alliances with Assyria and cut deals with the Egyptians. Now the Lord is bringing a lawsuit against
Judah. He is about to punish Jacob for
all his deceitful ways. Before Jacob
was born, he struggled with his brother; when he became a man, he even fought
with God. Yes, he wrestled with the
angel and won. He wept and pleaded for
a blessing from him. There at Bethel he
met God face to face, and God spoke to him—the Lord God Almighty, the Lord is
his name! So now, come back to your
God! Act on the principles of love and
justice, and always live in confident dependence on your God. But no, the people are like crafty merchants
selling dishonest scales—they love to cheat.
Israel boasts, I am rich, and I’ve gotten it all by myself! No one can say I got it by cheating! My record is spotless!” In the Ephesians
5 passage above, Paul commands Christians to not participate in the many sins
that surround them. One of which is the
economic sin of the greedy. Different
times and circumstances will form the nature of the economic temptations that
will confront Christians, or any person trying to be honest. The economic crimes of today differ in form
because our economic system is different.
One of the purposes of this paper is to focus attention on our particular
economic sins that the general scriptural commands against economic dishonesty
might be more culturally specific. This
paper will therefore focus on fraud in our capitalistic society. Fraud is,
essentially, larceny by trick or deception (Albanese, 1988). It is exploitation (Huer, 1991) of the
confidence others place in the one who commits fraudulent acts. Confidence is the single most critical
element in fraud (Albrect et al, 1995).
No one can commit fraud unless the deceived has confidence in the
deceptive person. Con artists work
(Henderson, 1983) to gain the confidence of their victims through psychological
manipulation based on superb understanding of the baser motives of human
nature. Con artists are those who are
committed to a criminal lifestyle of theft through fraud (Henderson). They are usually transient and do not commit
themselves very long to any one place of operation (Mauer, 1974). Con artists can be single, or several,
individuals committed to defrauding the public. Their whole operation, or business, is planned (Albanese) around
fraud. They have no real function or
services that constitute legitimate business objectives. They exist to gain wealth through fraud. Business fraud
is different. Business fraud is
committed parallel to legitimate service functions of a business or corporation
(Albrect et al). Business fraud can be
categorized according to six types (Albrect et al: 5-7): 1)
embezzlement—employees deceive the company by taking company
assets in direct or indirect ways. 2)
management fraud—an organization’s top management
manipulates financial statements in order to deceive investors into thinking
the company is worth more than it really is. 3)
Investment fraud—fraudulent and usually worthless
investments are sold to investors. This
type of business fraud includes telemarketing fraud and ponzi scams. 4)
Vendor fraud—overcharge or nonshipment of ordered
goods. 5)
Customer fraud—customers not paying for goods purchased in
one way or another related to deception. 6)
Miscellaneous fraud—financial gain through deception not
related to the other five types. Business fraud
comes under the broad designation white-collar crime. Crimes committed by individuals or businesses in ways related to
the legitimate functioning of that business.
Con artists do not fit this definition and so are not considered
white-collar criminals. They are
individuals committed to a criminal lifestyle based upon gaining wealth through
the use of confidence games. Who commits
business fraud? Anyone can commit
fraud. Research into white-collar crime
in general reveals that perpetrators are more psychologically stable and
satisfied with life than are property offenders. Property offenders are those who steal from others by a more
direct and physical means—burglary, robbery, larceny. White-collar criminals are better educated, more religious, less
criminally inclined in other areas of life, less likely to abuse alcohol and
drugs, are more optimistic, have higher self-esteem, are more self-sufficient,
have a greater sense of achievement, more motivation to work, express more
social conformity overall, have more self-control, and express more kindness
and empathy toward people not involved in the criminal situations (Albrect et
al). For instance, research into employee embezzlement has found that
perpetrators cannot be distinguished from other honest employees on the basis
of demographic or psychological characteristics. Experience has shown that it is almost impossible to predict in
advance the employees who will cross the line into dishonesty (Albrect et
al). It seems obvious that traditional
positivist explanations for crime that are centered in explaining property
crimes, for example, of the lower classes are inadequate when it comes to
business fraud which is committed by middle-to-upper class individuals. As Nettler puts it, “Contrary to theories of
criminogenesis that see theft generated only by ‘need’ or by ‘restricted opportunity’
some big frauds are produced simply by the desire to be richer than one is (p.
80).” It is not restricted social
opportunities that characterize white-collar criminals but access, increased
opportunity, to large sums of money that can be stolen in secret during the
course of everyday business practices. Conceived
advantage motivates fraud. Nettler
(1982) says that there are two sides to this motivation—pulls and pushes. Pulls are the attraction of wealth and power
and are related to perceived opportunity.
Pushes are related to the perceived need to defend what one already
has. These are felt as pressures to
act. Fraud is generated by a meeting of
desire and opportunity. Desires based
in improving (pull) or maintaining (push) a certain lifestyle. The middle-to-upper class people who are the
usual perpetrators of fraud do not commit such offenses out of some desperate
need to survive. They are already well
beyond the minimum income level needed for survival. They want more than they have. Albrect expands
our understanding of fraud. He adds a
third factor to Nettler’s two ingredients—rationalization. Perceived pressure (pushes), perceived
opportunity (pulls), and rationalization form the fraud triangle. These ingredients are interactive (Albrect,
19). The greater the perceived
opportunity or pressure, the less rationalization it will take to motivate
someone to fraud. And the more
dishonest someone is the less opportunity or pressure it will take for someone
to commit fraud. Looking at the
three ingredients of fraud, we can distinguish individual and situational
factors. Pressures can come from within
an individual and be of his or her own making.
And they can also come from influences in the person’s social
milieu. Pressures leading to fraud can
be divided into four types (Albrect et al: 20): 1) financial, 2) vices, 3) work
related, and 4) others. Financial
pressures associated with fraud are greed, living beyond one’s means, high personal
debt, high medical bills, poor credit, financial loss, and unexpected financial
need. Vice pressures are things like
gambling, drugs and alcohol, expensive sexual relationships, and the love of
power (which wealth can supply).
Work-related pressures relate to things like revenge toward an employer,
little recognition given for job performance, job dissatisfaction, loss of a
promotion, and a sense of being underpaid.
Other pressures include a spouse who insists on an improved lifestyle
and a challenge to beat the system.
Notice that some of the above pressures are individual specific. The pressure is within the individual. He or she is pulled toward an ‘object’
because it seems attractive. Adler
(1991) would classify these attractions as noxious apparent goods. They are apparent because they are not
related to actual needs. They are
noxious because they prevent us from gaining or pursuing goods that are related
to genuine human need. The other
pressures can be conceived as some kind of meeting between real environmental
pressures with individual psychological predispositions that make one
susceptible to perpetrating a fraudulent act. American society
seems especially susceptible to the development of fraudulent enterprises. Some of the grandest scams were produced in
the mid-to-late nineteenth century by capitalistic barons when many of the
fraudulent acts counted illegal today –price-rigging, collusion, monopoly—were
not considered against the law, although they were dishonest and unfair (Nash,
1976). The big con games developed by
con artists were rooted in nineteenth and early twentieth-century America
(Mauer). Why is this so? The reason, I think, is tied to a
fundamental observation of evil in general.
Evil creates nothing. Evil
perverts and is parasitical of the good.
Evil needs the good to exist.
But the good does not need the evil.
Evil can serve to point out the qualities of the good by contrast and
deepen a commitment to good, but it is existentially unnecessary for good’s
existence. This is why Casear Beccaria
(1764) stated in Crime and Punishment that one should not be shocked to
see great crimes connected with a great and noble country. Following this fundamental assumption about
evil in general, I point to a quote by Ross as a specific example of how this
fact about evil plays out in real life: “Fraud is a perversion of all the
incentives that propel a well-functioning capitalistic system. The drive to best the competition, to win
the contract, to reduce costs, to maximize profits, [which are to promote]
efficiency and the most rational use of resources. [However], the same competitive drive unfortunately produces an
impulse to cheat, particularly in an environment where cheating is easy, the
stakes are high and the odds of getting caught are favorable (p. 108).” Albrect et al in
their book Fraud: Bringing Light to the Dark Side of Business lists
twenty-one different fraud facts in this country. We will take note of only seven (pp. 8-11 ). 1)
The US Chamber of Commerce says that losses from employee
embezzlement may be as high as $20 billion to $40 billion annually. These figures place employee theft at a
larger amount than burglary, car theft, robbery, and larceny combined. This estimate is slightly higher than the
estimate of employee theft by the Bureau of National Affairs, which places the
total at between $15 billion and $25 billion annually. 2)
The FBI and other federal agencies have estimated total US
fraud losses are between $60 billion and $200 billion annually. 3)
In the aftermath of the savings and loan failures, studies
found that criminal fraud had been perpetrated in 60 percent of all S @ Ls
seized by the government. 4)
The Federal Trade Commission and the Health Insurance
Association of America estimate that fraud comprises 10 percent of the nation’s
health care bill. By 1989, this
translated to $60 billion, in 1990 to about $67 billion; by the end of the
1990’s, fraudulent charges may cost the nation over $160 billion a year…. 20
percent of all medical procedures are unnecessary. The total cost of such waste is estimated at $132 billion per
year. 5)
Thirty percent of all business failures are caused by
white-collar crime. Crime against small
companies accounts for 80 percent of all crimes against business. 6)
Studies have shown that 3 out of 10 workers look for ways to
steal, another 3 out of 10 will steal if given the opportunity, and 4 out of 10
will usually be honest. 7)
Forty-five of the nation’s 100 largest defense contractors
have been investigated for overbilling the federal government. Companies such as General Electric, Boeing,
Rockwell International, Sperry Corporations, and McDonnel Douglas have
allegedly submitted false work time cards, altered time cards without
employees’ knowledge, charged labor costs to wrong contracts, and billed the
government for perks for corporate executives, including country club
memberships and even tickets to the Metropolitan Opera. All this fraud and abuse of the system gives ammunition to
those who oppose capitalism. Marxists
have long condemned capitalism because of its inherent tendency to promote
fraudulent and destructive, rather than healthy, competition. Quite frankly, much of what they say is
true. Of course what they offer as a solution
has resulted in more atrocities and murder in the last 100 years than any other
system since the beginning of recorded history. Marxists are dishonest.
They strain at a gnat but refuse to see the log in their own eye. But their critique of the negative
possibilities of capitalism is informative.
There is much room for the rich to exploit the poor and
disadvantaged. Even more than in James’
time when he said (James 2:6b-7): “Isn’t it the rich who oppress you and drag
you into court? Aren’t they the ones
who slander Jesus Christ, whose noble name you bear?” Without voluntary
moral restraint, the amoral nature of capitalism can have devastating effects
on the lives of those who are of little worth to the workings of the
system. With voluntary moral restraint,
capitalism can promote the welfare of society as jobs are created and
technological advances are used for human welfare rather than just personal
enrichment. Widespread honesty is
required. Unfortunately,
the relentless pressures to survive in our society are demanding. Keyed to self-interest and paranoid
feelings, they condition us to: 1) look out for number one, 2) break promises
when expedient, 3) trust no one, 4) hide personal errors, 5) win and retain
power by any means, 6) subvert the law, 7) suppress generosity, 8) affix a
price on everyone and everything, and 9) stress loyalty over truth (Williams
and Houck, 1992, p. 76). These are the
negatives of a capitalism that lacks voluntary moral restraint. A focus on survival and dominance eventually
leads to rampant self-interest—inordinate self-interest. And with such self-interest only the
individual or the group in which the individual is a part matters. In such circumstances, fraud becomes easier
to rationalize. Deceit,
corruption, and fraud are not unique to America. Look at the despotic regimes in Africa whose policies have
resulted in millions of dead and homeless.
Look at the corruption in Marxist, Communist countries where a very few
enrich themselves at the expense of the masses (whom they are supposed to be
speaking for and protecting). The Old
Soviet Union had no shortage of corruption.
Instead of some corporate giant enriching itself by fraudulent means,
the ruling party enjoyed relative luxuries while the many suffered with menial
labors and basic product shortages.
Instead of the corruption being in the business sector it was in the
political sector, which ultimately oppressed and destroyed many more
individuals than any capitalist baron or executive was able to do. The rationalizations of the capitalist who
commits fraud is much less destructive than the Marxist who justifies the mass
killing of millions for the sake of his or her ‘sacred’ cause. The form of the social system helps
determine the form of the corruption.
The capitalistic system presents many opportunities for temptation. While capitalism has many economic
benefits, it has had unintended negative consequences. Because of an overemphasis on the economy
and economic issues in America many people tend to become obsessed with
economic issues at the expense of other more important things. This economic obsession also tends to
encourage economic dishonesty if economic gains can be achieved. The author wants the readers to understand why
economic dishonesty is such a temptation in America. The writings and research of Steven Messner and Richard Rosenfeld
will be used to show how the American obsession with economic issues has harmed
America in several areas. Messner and
Rosenfeld, in Crime and the American Dream, focus their attention on
making a connection between America’s economic focus and the higher levels of
crime in America. The scope conditions for Messner and
Rosenfeld's analysis are on the macro level.
They sought to explain the differences in serious crime rates (including
white-collar crimes) between the United States and fifteen other Western,
industrialized, capitalistic countries.
They document the significantly higher levels of serious crime (murder
and robbery) in this country. Messner and Rosenfeld classify their
American Dream thesis as a new version of anomic theory. They build on the work of Robert
Merton. Merton subdivided culture into
two parts: 1) the society's central
value and goal orientations, or ends, and 2) the institutionalized means
for attaining them. He posits that
crime and deviance result from the malintegration or contradiction between
these two elements. By malintegration
he means the expressive cultural emphasis on success goals, defined as monetary
success, with corresponding diminished emphasis on legitimate means for
achieving success goals, in other words, a
monetary-success-by-any-means-possible mentality. Contradiction points to the unequal distribution of legitimate
opportunities (means) to achieve success goals. If legitimate opportunities for financial success are blocked
then illegitimate opportunities are sought.
Cloward (Traub and Little, 1994, pp. 148-168) adds that the choice of
illegitimate means for success is also a function of the availability of
illegitimate opportunities available for an individual. One cannot choose an illegitimate means to
financial success if one does not have access to illegitimate opportunities. Merton's idea is that the goal or value
of monetary success enjoys a position of prominence in the hierarchy of goals
in the milieu of the United States. And
so, also in the valuation of many who live in the United States. And where this valuation of monetary success
exists, it results in an anomic atmosphere, an atmosphere where rules and laws
are virtually powerless in restraining illegitimate activity (Traub and Little,
1994, pp. 114-148). Marco Orru (1987)
adds that anomie is not merely the absence of rules and regulations but anomie
is the product of a culture in which monetary success enjoys a
supreme evaluative position. If
monetary success is one's, or a nation's, summum bonum, supreme good, then that
fact alone produces an anomic condition.
This anomic condition can reside in a person, a group, or a nation. Messner and Rosenfeld posit that this
monetary success goal is a chief component of the American Dream. And the American Dream is a national
fixation. We pride ourselves as the
place where all can strive for individual material success with the
corresponding prestige and comforts such success supplies. These beliefs and evaluations of the
American Dream are present in our culture.
They are chief components of our culture. Merton, Messner, and Rosenfeld all admit that monetary success is
not the only value in the United States, but that there are many values that
compete for the attention and validation of the American people (p. 60). The values "playing-field" is not
level, however. The scenario is not one
where proponents of different metaphysical and ethical values are given their
time at the podium to state their case followed by the American people deciding
which ones they will adopt to give their lives meaning. The structure of our culture favors the
supremacy of monetary success. "We
argue that the anomic pressures inherent in the American Dream are nourished
and sustained by a distinctive institutional balance of power dominated
by the economy. The interplay between
the core cultural commitments of the American Dream and its companion
institutional balance of power results in widespread anomie, weak social
controls, and, ultimately, high levels of crime" (p. 68). Messner and Rosenfeld explain that
economic dominance (in pursuit of the American Dream) is present in America
because of three factors (pp. 78-83):
1) The devaluation of noneconomic institutional functions and
roles. Noneconomic goals, positions,
and roles are devalued in American society relative to the ends and means of
economic activity. 2) The accomodation
to economic requirements by other institutions. Economic conditions and requirements exert a much stronger
influence on the operation of other institutions than vice versa. 3) The penetration of economic norms
into other institutional domains.
Things like pay for grades, economic terminology in language of education
(value added, accountability), "bottom line" mentality in the polity,
and the "breadwinner" roles in family units. Devaluation, accommodation, and penetration
describe the institutional structure in American society. Therefore, the nature of the American Dream
itself and the institutional dominance of the economy in this country are
mutually supporting and reinforcing toward an anomic environment. Major fraud cases and business corruption
cases seem to pop up frequently. It is my contention that
capitalism is a system that will only survive if the people practicing it are
basically honest in their business dealings.
The system is responsible for much growth and good in this world. It is also responsible for much harm and
corruption. The greater the potential
freedoms a system promises, the greater the potential harms are possible if the
people using it are dishonest and corrupt.
If America is going to survive as a strong nation, it must give heed to
God’s admonitions to be honest. The Old
Testament commands of God calling Israel to justice, mercy, and honesty were
not commands meant just for them. God
gave these commands because He is a just and holy God who loves righteous and
honest business dealings. They apply to
all people during all times of recorded history, including us. The Bible
commands the Christian to live in such a way as to be above reproach, to be
blameless in matters that reflect our personal choices. “In everything you do, stay away from
complaining and arguing, so that no one can speak a word of blame against
you. You are to live clean, innocent
lives as children of God in a dark world full of crooked and perverse
people. Let your lives shine brightly
before them (Philippians 2:14-15).” The
Bible just says, “Do not defraud, cheat or be dishonest toward others.” It does not give social or psychological
analysis, it merely says, “Do not do it, or stop doing it if you already
are!” It may help us to understand the
etiology of economic dishonesty by studying the social and psychological
factors that seem to encourage it. And
it is in our best interest to socially construct a system that results in as
little fraud as possible. But the
individual Christian is to reject the practice of fraud no matter the external
circumstances. The secular push
to rid this country of the influence of theological Christianity is a
mistake. Because when Christianity
loses its theological influence it will also lose its moral influence, as
well. Look what happened to the Old
Soviet Union when they started to phase in capitalism. Because they were largely an atheist nation,
they did not have a solid moral foundation on which to build. Fraud and corruption were widespread. Many used their new freedom to enrich
themselves at the expense of the economic health of the nation. And due to the lack of a theological and
consequent moral stance of many in our country, secular concerns have resulted
in a growing fraud problem in this country.
If people do not have a righteous and holy God above them to restrain
their selfish actions, what will restrain them? If God is out of the picture, other viable candidates include
country, race, political party, corporation, or self. All of which have resulted in great atrocities in the last century. Christians have been called to be salt and
light to a corrupting and dying generation.
Being honest is paramount to fulfilling that function! References
Adler, Mortimer J. Desires:
Right and Wrong. New York: MacMillan, 1991. Albanese, Jay S.
“Tomorrow’s Thieves…” The
Futurist. Sept.-Oct., 1988, v. 22, n. 5, pp. 24-25. Albrect, Steve W. et al.
Fraud: Bringing Light to the Dark Side of Business. Burr Ridge:
Irwin, 1995. Beccaria, Casear. On
Crime and Punishment. Translated by Henry Paolucci. New York: MacMillan,
1963. Cloward, Richard A. “Illegitimate Means, Anomie, and Deviant
Behavior,” Theories of Deviance. eds. Stuart H. Traub and Craig B.
Little, Itasca: F. E. Peacock, 1994. Henderson, Allen
M. Flim-Flam Man: How Con Games Work.
Bouldwer: Paladin, 1985. Huer, Jon. The Wages of Sin. New York: Praeger,
1991. Mauer, David W. The American Confidence Man. Springfield: Thomas, 1974. Merton, Robert K.
“Social Structure and Anomie,” Theories of Deviance. Eds. Stuart H.
Traub and Craig B. Little, Itasca: F. E. Peacock, 1994. Messner,
Steven F. and Richard Rosenfeld. Crime
and the American Dream. Belmont: Wadsworth, 1994. Nash, Jay
Robert. Hustlers and Con Men. New York:
M. Evans and Co., Inc., 1976. Nettler,
Gwynn. Lying, Cheating, Stealing.
Cincinnati: Anderson, 1982. Orru,
Marco. Anomie. Boston:
Allen and Unwin, 1987. Traub,
Stuart H. and Craig B. Little, ed. Theories
of Deviance, 4th edition. Itasca: F. E. Peacock, 1994. Williams,
Oliver F. and John W. Houck, ed. A
Virtuous Life in Business. Lanham: Rowman and Littlefield, 1992.
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