Season 2, Episode 7: White Collar Crime: Racial Disparity and Restitution


White collar crimes and the federal prison sentences that often accompany them have become mythologized and white-washed in American society. The “country club” myth of federal prisons has proliferated in the wake of prominent financial scandals like those of Bernie Madoff and Martha Stewart. But this characterization of federal white collar crime erases the very racialized, very difficult reality that accompanies a federal white collar prison sentence for most Americans incarcerated in a federal penitentiary. In this episode of CRT2, we explore the reality behind federal white collar criminal charges, including the life-long collateral consequences and exorbitant restitution judgements that can follow from a conviction. Tanya Pierce, who served time at FCI Danbury, joins us to discuss what a white collar federal sentence is really like.


Featuring:

Tanya Pierce

Founder, Life Unbolted

“Currently we are in the research stage because we are researching the disparity of re-entry services and programming for people returning from the federal system. We started as a pilot in New York. What we found is that people returning from the federal system do not receive the same services in reentry as compared to people returning from state and local jails.”


White collar crimes are financial crimes that are usually prosecuted at the federal level. They include charges like mail fraud, securities fraud, and bank embezzlement. There is a racial component at play — it’s in the name. White collar crime is often distinguished from “street” crime because street crime is more often associated with racialized people and white collar crime is more often associated with rich white men. Some scholars have noted a diversification of white collar crimes. As most people of colour enter the middle class, some argue the white-collar crime will get less and less white.


Related Media:

Click the link below to hear excerpts from a Congressional hearing regarding collateral consequences and their lifelong negative impact on formerly incarcerated people.

https://www.c-span.org/video/?320169-1/federal-criminal-code-criminalization

References:

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Barry, C. (2022, September 6). Formerly Incarcerated People and Advocacy Organizations Urge Reform of US Bureau of Prisons. The Sentencing Project. https://www.sentencingproject.org/advocacy-letter/formerly-incarcerated-people-and-advocacy-organizations-urge-reform-of-us-bureau-of-prisons/

Benson, M. L., Feldmeyer, B., Gabbidon, S. L., & Chio, H. L. (2020). Race, ethnicity, and social change: The democratization of middle‐class crime*. Criminology, 59(1). Wiley. https://doi.org/10.1111/1745-9125.12261

Biden Administration Partners with Private Prisons to Kill Popular CA Law to End Private Detention | Immigrant Legal Resource Center | ILRC. (2022, September 26). ILRC. https://www.ilrc.org/biden-administration-partners-private-prisons-kill-popular-ca-law-end-private-detention

Biden, P. J. (2022). Executive Order 14074: Presidential Documents Advancing Effective, Accountable Policing and Criminal Jus- tice Practices To Enhance Public Trust and Public Safety. In GPO. https://www.govinfo.gov/content/pkg/FR-2022-05-31/pdf/2022-11810.pdf

Blakinger, K. (2022, January 13). Biden Has Disappointed Many Prisoners and Guards. Now He Has a Chance to Do More. The Marshall Project. https://www.themarshallproject.org/2022/01/13/biden-has-disappointed-many-prisoners-and-guards-now-he-has-a-chance-to-do-more

Byrne Hessick, C., & Levin, B. (2019, April 4). Elizabeth Warren’s Proposal to Imprison More Corporate Executives Is a Bad Idea. Slate Magazine. https://slate.com/news-and-politics/2019/04/elizabeth-warren-corporate-fraud-prison-negligence-mass-incarceration.html

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Federal Prisons | The Record. (n.d.). The Marshall Project. Retrieved November 29, 2022, from https://www.themarshallproject.org/records/497-federal-prisons

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Internal Exile: Collateral Consequences of Conviction in Federal Laws and Regulations. (2009). In American Bar Association. https://www.americanbar.org/content/dam/aba/publications/criminaljustice/internalexile.pdf

Legal Conviction Consequences | C-SPAN.org. (2014, June 26). Www.c-Span.org. https://www.c-span.org/video/?320169-1/federal-criminal-code-criminalization

Lewis, N., George, J., & Hager, E. (2021, January 20). Trump’s Pardons Show The Process Has Always Been Broken. The Marshall Project. https://www.themarshallproject.org/2021/01/19/trump-s-pardons-show-the-process-has-always-been-broken

Marin, A. (2022, May 31). How the Newest Federal Prison Became One of the Deadliest. The Marshall Project. https://www.themarshallproject.org/2022/05/31/how-the-newest-federal-prison-became-one-of-the-deadliest

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Monaco, L. O. (2021, October 28). Deputy Attorney General Lisa O. Monaco Gives Keynote Address at ABA’s 36th National Institute on White Collar Crime. Department of Justice. https://www.justice.gov/opa/speech/deputy-attorney-general-lisa-o-monaco-gives-keynote-address-abas-36th-national-institute

Neff, J., & Blakinger, K. (2020, October 7). Thousands of Sick Federal Prisoners Sought Compassionate Release. 98 Percent Were Denied. The Marshall Project. https://www.themarshallproject.org/2020/10/07/thousands-of-sick-federal-prisoners-sought-compassionate-release-98-percent-were-denied

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Credits:

This episode was written, recorded, and produced by Alex Mendoza, Imani Thornton, and Alyssa Curcio.