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Martha Stewart White Collar Crime Analysis

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Of all the forms of deviant criminal behavior, we are challenged to find actions more insidious and deceitful than white collar crime. White collar crime is usually multilayered and extremely complex making it difficult to clearly identify the actual crime. Typically, white collar crime branches into either individual or corporate crime. Nonetheless, both groups of perpetrators have several factors in common. It is these factors that put white collar criminals in a class all their own. I wasn’t sure what I would find by way of deviance in the case of the queen of all things home and more, Martha Stewart, but I thought I would look anyway. White collar criminals are only able commit their crime(s) because of their position, occupation, and/or …show more content…

The fact that the insider trading charges were thrown out, but the conspiracy charges stuck is curious. It appears, yet again, the judicial process and mainstream social construct of acceptable behavior collided with what Martha, her broker, and fellow investor touted as ‘nothing wrong’. Knowing more of John Savarrese’s role as Martha’s pretrial counsel, gives two more important points about Martha’s case of white collar crime. The first is questionable ethics and the other is arrogance. Mr. Savarrese has been criticized by legal analysts for not providing ethical legal advice to Martha or making the right professional choices himself. The belief is that Savarrese knew or at least suspected, Martha and Bacanovic planned to perjure themselves. As Martha’s legal counselor it was ethically negligent of Savarrese not to advise Martha of the legal repercussions of lying to the SEC. If Martha insisted on presenting her fraudulent story, Savarrese should have immediately withdrawn as her counsel (Hoffman, 2007). More importantly than if Savarrese knew or not, in her arrogance, Martha never thought this issue of a mere $45, 637 would develop into charges nor a prison sentence! She was simply above the laws and saw no reason to tell the

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