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White-collar crimes: 5,792 verdicts do not lie - there is no deterrence in too light a punishment • Commentary

The problem of the inappropriate and disproportionate punishment of white-collar criminals in Israel is accepted by the Israeli public as insufficient punishment, which does not deter criminals from committing white-collar crime. In this article I will present the statistical research I conducted on the level of punishment for this type of crime.
The article provides data on the scope of the punishment and recommendations for change.

Here are several examples of the so-called "white collar" offenses:

These are economic offenses that rob the coffers of the companies and the state: fraud and breach of trust, taking a bribe, giving a bribe, receiving something fraudulently, receiving something fraudulently, forgery offenses and false registration in corporate documents, fraud and breach of trust in a corporation, fraudulent disappearance, extortion by force, extortion by threats, an offense Extortion, fraud, forgery of stamps, fraud offenses, extortion and extortion, theft, offenses in public service and against it, forgery offenses.

The punishment is not a deterrent

The overly lenient punishment of white-collar criminals in Israel, which is perceived by the public in Israel as a punishment that does not deter criminals from committing white-collar crimes. The statistics of the judgments that I examined on the subject of punishment indicate a "low price tag" that the offender pays for a white-collar crime.

There is an estimate that the scope of money laundering in Israel amounts to between 50-200 billion NIS per year (just for information: the state budget is about 480 billion NIS per year).

Another interesting figure is that there are about 15,000 prisoners in prisons in Israel, but only about 100 to 150 are banned for economic reasons of white-collar crime. As mentioned, I examined 5,792 judgments, which included 15 types of white collar offenses (according to the Penal Code 1977) committed in the State of Israel between 2000-2016.

Examples of criminal cases for white-collar crimes:

  • Organized crime in the Tel Aviv Municipality's tender: In the ruling, it has been established, more than once, that in principle there will be equality of opportunity in public tender laws, the bidders will meet the threshold conditions of the tender, and there will be an equal situation for all competitors in the competition.
  • A white-collar criminal is someone who participates in a tender while not fulfilling the terms of the tender, and assigns a strawman to create a representation of fulfilling the terms of the tender, and does not act in good faith and fairly.
  • A criminal who was convicted in the High Court of theft and fraud and of taxation and economic offenses. The High Court sentenced the applicant to a prison sentence to be actually served, months of probation for three years and a monetary fine.
  • A serious indictment for tax offenses and money laundering while managing a private bank that provides services to the kings of the gray market. These generated an annual turnover of NIS 1.5 billion and were lent at high interest throughout Israel. One of them was Benny Ravizda, "the king of the gray market".
  • Haim Barbibai, the mayor of Kiryat Shmona, was convicted of election bribery, fraud and breach of trust and false registration in corporate documents. Received donations from contractors.
  • The state attorney's office indicted Shuki Forer, the mayor of Rehovot, for the offenses of perjury, conspiracy to commit a crime, breach of trust and other offenses such as offenses related to collecting funds for the municipal election campaign.

disproportionate punishment

Distortion in the legal system in the perception of white collar crime in Israel, pointed to disproportionate punishment, relative to the scope of the maximum penalty.

For example:
a) In three types of crimes, with a large number of criminals, (fraud and breach of trust, fraud with intent to evade), sentences were passed at a rate of 20% of the maximum penalty.

b) Sentences were issued for the offenses of fraudulently accepting and giving bribes at a rate of 35% of the maximum penalty.

c) It was found that in two types of forgery crimes, with a large number of criminals, they were sentenced to prison sentences at a rate of about 40% of the maximum sentence

d) Sentences were passed for fraud offenses at a rate of about 20% of the maximum penalty.

e) in other crimes with a relatively small number of criminals such as taking bribes and securities fraud Sentences were handed down at a rate of about 20% of the maximum penalty.

Punishment and gender division

It was found that mature men (up to 40) make up about 60% of the criminals and older men (over the age of 40) make up 32% of the criminals.
Adult women make up 7% of the criminals and elderly women make up about 3% of the criminals.

Male criminals were punished on average with a prison term of 2.3 years, compared to female criminals who were punished with an average prison term of 10 months, which means that the prison term of men is 2.8 times longer than the prison term of women, on average.

I also found that the financial punishment imposed on the older criminals (men and women) aged 40-67 is at a higher rate than the punishment for adult criminals up to the age of 40 - at a rate ranging from 40%-80%.

Our standard of living is affected

The deterrence against committing white collar crimes is limited, in my opinion.
This situation causes an intolerable damage to the citizens' sense of justice because white collar crimes cause the robbery of the treasury of the State of Israel. That's why we citizens pay, for example, more taxes!
Our standard of living is affected. Trials may last years and end with a light sentence and a ridiculous financial fine, compared to the big financial robbery of the "silent crime". I believe that the citizens of the State of Israel rightly think that the judges perceive a white-collar offense as too light, compared to "blue-collar" offenses such as robbery, murder, violence, and the like.

Increasing prison sentences

In my opinion, the solution should be to significantly increase the prison sentences and fines. The toughening of the punishment, as I propose, should create a "tongue of scales" among the potential criminals in positions of trust in organizations, for example. This way the white-collar criminals and those who intend to belong to this corrupt group will know that crime does not pay despite the low chances of being caught.

If the punishment is made more severe, the economic unviability of committing an economic crime that robs the state coffers will increase.
For example: a manager who has sinned, while taking a bribe of 200,000 shekels, will receive legal punishment at the level of a fine, for example three times that paid to the state treasury. He will also be sentenced to a prison term at a higher level in the punishment complex at a level of at least 60% of the maximum sentence in the Penal Law. Namely: a prison term of 3.5 years.

In order for the financial punishment to be effective, every potential white collar criminal will know that his white collar is not white at all and he may be harmed as well as his family members. Perhaps such a step, which is of course accompanied by a regular campaign, will succeed in reducing the phenomenon of "man's nature is bad from his youth".

The punishment must reflect the damage caused to the company, as a result of the offense. In the case of white collar crimes, the damage is moral and financial and harms the general public.

the disgrace

I recommend the:
1) Putting shame on every white-collar crime, to increase the shame (shame) that the offender will experience in public (shaming)
2) Dismissal from the job of every criminal, so that it will be difficult for him to find another job - due to the disgrace
3) denial of some of his accrued rights, such as financial savings.

Let every potential white-collar criminal know that his "white-collar" may turn red and make his life and the lives of his family bitter. Perhaps such a step, supplemented by a campaign on television and radio and other media, will succeed in reducing the phenomenon of "man's nature is bad from his youth".

And on another matter - listen to my podcast on international security

Contact Chai here: At watsapBy email

Dr. Jacob Rob
Dr. Jacob Rob
Dr. Jacob Rob - a restless retiree

Articles related to this topic

4 תגובות

  1. Very interesting and brings a lot of information on the subject.
    Your suggestions for increasing the punishment are interesting.

  2. Not only is legal reform necessary - those responsible for the non-deterrent punishment, for destroying the separation of powers, for using fundamental laws to torpedo and abolish the legislature - should themselves stand trial by a special international external court.
    The place of the Aharon Barak gang - in prison.
    The Supreme Court and all of us are judges of a collapsing system on purpose, in order to provide itself with an understaffed office, courthouses, thousands of unnecessary standards for a revolving door for crime.. They should stand trial for the destruction of security in the country.

    • This is how you write when some of the leaders of the right are suspected of serious white collar crimes?
      Your revered Rais is also in it.
      Besides, this is not the place for such a poor response.

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