Abstract
This article suggests that investigative journalists in the media and fraud examiners in private investigations have the potential of filling some of the detection gap. Based on the theory of crime signal detection, this article suggests that investigative journalists are in the position of detecting white-collar crime scandals as they rely on tips and whistleblowing. Empirical evidence from Norway documents that the media disclose a significant fraction of crime stories that later result in prosecution and conviction of white-collar offenders. Empirical evidence from Norway does not document any contribution from fraud examiners in private policing of economic crime, as they typically conclude with misconduct, but no crime, often to the satisfaction of their clients.
Keywords
Introduction
Gottschalk and Gunnesdal (2018) have estimated a detection rate for white-collar crime of less than 1 of 12 offenders in Norway, which seems supported by an empirical study of bribery detection in Norway by Andresen and Button (2019). The detection rate in the United States is even lower based on estimates of the magnitude of white-collar crime by the National White-Collar Crime Center (Huff et al., 2010) and the Association of Certified Fraud Examiners (ACFE, 2008, 2014, 2016). Offenders tend to move under the radar (Williams, 2019).
However, it is important to note that the term white-collar crime is famously problematic. In the Norwegian estimate, a white-collar offender is a person who abuses the professional position to commit financial crime to benefit the organization and/or the individual (Gottschalk, 2019). The detection rate of less than 1 of 12 refers to individuals, not organizations.
Kourula et al. (2019) argue that there is a gap between government and governance, where neither public authorities nor self-regulating bodies involve themselves in detection of corruption and other forms of financial crime. Actors in the criminal justice system have traditionally a preference toward street criminals rather than white-collar criminals (Galvin & Simpson, 2020; Michel, 2016; Piquero et al., 2008). Actors in auditing and compliance functions in business and public enterprises seem to have a preference toward formal rules and guidelines in the form of window dressing rather than detection of potential offenders (Desai, 2016). Alon et al. (2019) argue that accounting and auditing functions have undergone a legitimacy crisis in recent years. At least part of the answer why there is a preference for formal rules and guidelines is the task of confirming rather than questioning figures in financial statements, and conflicts of interest between auditing and the provision of accounting and management consultation.
Kourula et al. (2019, p. 1109) suggest, “Civil society was perceived to be left to fill the gaps that other sectors did not address” because “growing private regulation often put civil society in the driver’s seat in ‘policing’ business activities” as “privatization of authority” has occurred. Furthermore, Kourula et al. (2019, p. 1110) suggest, “Governments are losing power,” and “Governments lack enforcement capacity to impact multinational companies.” Governments are losing oversight power for various reasons including lack of business knowledge and variations in national jurisdictions. One problem in state cooperation is that they do not agree on what should be legal and illegal activities, as exemplified by Boghossian and Marques (2019).
Eberlein (2019) argues, “Globalization opens markets for corporations but outstrip the capacity of states to regulate cross-border business conduct for the public good.” Schneider and Scherer (2019, p. 1147) argue, “The extent to which state authorities can regulate the externalities and the behavior of multinational corporations is limited” and “Gaps in governance abound in today’s globalized world.” Maher et al. (2019) found that governments not just in global business but also in local business are reluctant to intervene.
Therefore, executives and other privileged individuals in multinational companies tend to have convenient opportunities for tax evasion in high-tax countries, for money laundering in tax havens, and for corruption and other kinds of white-collar crime in transnational operations. There are also complex issues of global versus local auditing and lawyering making the opportunity structure even more convenient for potential offenders (Gottschalk, 2019). Moreover, some executives are simply too powerful (Pontell et al., 2014). A potential avenue to fill the gap between government and governance might be to strengthen business–government interactions. However, Hamann (2019) found that business–government interactions result in corporate social irresponsibility, where a process of dynamic deterioration leads to passivity in both government and governance.
This article suggests that investigative journalists in the media and fraud examiners at global auditing firms and local law firms seem to fill some of the gap between public government and private governance when it comes to detection of white-collar offenders (Button & Gee, 2013; Schneider, 2006; Williams, 2005, 2008, 2014). Press reporters’ detection of misconduct and crime “represented an important ingredient of the nineteenth-century newspaper” (Taylor, 2018, p. 346), and this is certainly also the case so far in the 21st-century media in many countries. While the tabloid press dominates the media in many countries, there are still some prominent publishing houses, where investigative journalism is the rule rather than the exception.
This article raises the question of the contribution of private actors, such as journalists and fraud examiners (Brooks & Button, 2011; Button, 2019; Button, Frimpong, Smith, & Johnston, 2007; Button, Johnston, Frimpong, & Smith, 2007b; Button & Gee, 2013; Gottschalk & Tcherni-Buzzeo, 2017; Schneider, 2006; Williams, 2005, 2014), in detecting white-collar crime. The role of journalists in exposing white-collar crime seems to be an underdeveloped area of study. In that context, this article is an important addition to research. It provides a detailed assessment of a large number of white-collar crime cases in Norway and their resolution, including the role of journalists.
White-Collar Crime Detection
The theory of crime signal detection is relevant to the study of white-collar crime detection. Signal detection theory is concerned with the ability of individuals to understand pieces of information that can come from various sources. The theory emphasizes individuals’ varying signal discrimination processes. Discrimination processes include the sensitivity toward signals in general as well as the separation of real signals from noise signals.
Signal detection theory is a model for how humans detect signals in a background of interference or noise. The theory assumes that the human observer behaves like a rational economic decision maker and attempts to balance costs and benefits to arrive at an optimal solution. There are four possibilities in the decision matrix of the observer of potential misconduct and crime (Karim & Siegel, 1998, p. 368): The observer notices a noise when it is a signal (called a miss) The observer notices a signal when it is a signal (called a hit) The observer notices a noise when it is a noise (called a correct identification) The observer notices a signal when it is a noise (called a false alarm)
The observer needs to make a decision concerning the event and classify it either as a signal or as a noise. In an organizational context—where less powerful individuals suspect powerful individuals of wrongdoing—the less powerful will conveniently prefer to think of the event as a noise rather than as a signal.
Signal detection theory may shed some light into why some actors discover and disclose more white-collar crime than other potential observers disclose. Signal detection theory holds that the detection of a stimulus depends on both the intensity of the stimulus and the physical and psychological state of the individual. A detector’s ability or likelihood to detect some stimulus is affected by the intensity of the stimulus (e.g., how loud a signal is) and the physical and psychological state of the detector (e.g., how alert the person is). Perceptual sensitivity depends upon the perceptual ability of the observer to detect a signal or target or to discriminate signal from nonsignal events (Szalma & Hancock, 2013).
Furthermore, detecting persons may have varying ability to discern between information-bearing recognition (called pattern) and random patterns that distract from information (called noise).
According to the theory of signal detection, there are a number of determinants of how a person will detect a signal (Huff & Bodner, 2013). In addition to signal intensity, signal alertness, and pattern recognition, there are other factors such as personal competence (including knowledge, skills, and attitude), experience, and expectations. These factors determine the threshold level. Low signal intensity, low signal alertness, and limited pattern recognition, combined with low competence, lack of experience, and lack of expectations will lead to a high threshold level, meaning that the individual will not detect white-collar crime.
Signal alertness is not a stable set of mind over time. Rather, the extent of signal alertness by an observer varies with other concerns that the person may have (Qiu & Slezak, 2019).
Signal detection theory implies that persons make decisions under conditions of uncertainty. The theory assumes that the decision maker is not a passive receiver of information but an active decision maker who makes difficult perceptual judgments under conditions of uncertainty. Whether a stimulus is present or absent, whether a stimulus is perceived or not perceived, and whether an observer ignores a perceived stimulus will influence the decision in terms of detecting or not detecting white-collar crime.
Gomulya and Mishina (2017, p. 557) introduced the term signal susceptibility since signals may be differently susceptible to potential errors and manipulation: This could be due to a variety of possible reasons, including whether the signal is self- or other-reported, whether it is verifiable, or whether it is a “stock” or a “flow” signal. Self-reported signals should on average be more susceptible to manipulations by the focal signaler (i.e., the one who can benefit from a positive signal) compared to signals reported by third parties.
Another term introduced by Gomulya and Mishina (2017, p. 55) is signal reliance, where reliance on different types of signals is based on the credibility of the signaler, and “thus a similar signal is likely to have different effects for credible versus less credible” signalers. Given this perspective, signal reliance can be included as an aspect of signal alertness, where less credible signalers cause lower alertness to the signal.
Gomulya and Mishina (2017) discuss pattern recognition in terms of screening theory where the receiver prioritizes among possible types of signals. The focus is on how receivers place differential value on signals that may come from different senders such as documents, accounts, and individuals. Screening theory posits that receivers screen by focusing on signals that they believe are highly correlated with unobservable characteristics of interest.
Signal detection theory characterizes the activity of an individual’s discrimination as well as psychological factors that bias
Whistleblowers and informants in general are often important actors in the discovery of white-collar misconduct and crime for both investigative journalists and fraud examiners. Whistleblowing is the disclosure by an individual in an organization or in society of deviant practices to someone who can do something about it (Bjørkelo et al., 2011). Whistleblowing is an action by employees who believe that their business or colleague(s) are involved in activities of misconduct and crime, cause unnecessary harm, violate human rights, or contribute to otherwise immoral offenses (Mpho, 2017). However, one mechanism preventing many potential whistleblowers is the fear of retaliation and reprisals (Gottschalk, 2018; Miceli & Near, 2013; Regh et al., 2009). This article is not concerned with whistleblowing as such and refers thus only to relevant research on the phenomenon (Alleyne et al., 2013; Andrade, 2015; Culiberg & Mihelic, 2017; Dyck et al., 2010).
Research Method
This research is concerned with detection of white-collar criminals. The collection of our Norwegian sample of white-collar offenders applied the original definition and characteristics of white-collar crime. Our sample thus has the following characteristics: famous individuals in terms of high exposed social status and respectability, famous companies in terms of major suppliers in their businesses, surprising stories, important events, substantial consequences, matters of principles, and significant public interest. The operational definition of famous is simply that the press has exposed individuals and companies. The two main financial newspapers in Norway are Dagens Næringsliv and Finansavisen, both of which are conservative-leaning business newspapers. In addition, the business-friendly national daily newspaper Aftenposten regularly reports news of white-collar criminals. Left-wing newspapers such as Klassekampen very seldom cover specific white-collar criminal cases, although generally report on white-collar crime. The total number of white-collar criminals was 408 reported during those years from 2009 to 2015. We carried out verification of facts in newspaper accounts by obtaining court documents. After registering newspaper accounts as an important indication of white-collar offenders, we compared the contents of newspaper articles and expanded our notes by court sentences, which typically range from 5 to 50 pages in Norwegian district courts, courts of appeal, and the Supreme Court.
The collection of our Norwegian sample of fraud examination reports took place again by reading the same newspapers and then identifying client organizations for the investigations. Client organizations in the public and private sector hire investigators from law firms and auditing firms to conduct fraud examinations. Contacting client organizations often led to refusal of insight based on privacy issues and other matters. After several years of contacting client organizations, 130 reports became the basis for this research.
Investigative Journalists
Norwegian courts convicted 405 white-collar offenders to prison from 2009 to 2016. Table 1 lists sources of detection for these criminals. We find journalists occupy the top position, followed by crime victims, bankruptcy lawyers, internal auditors, tax authority clerks, bank employees, external auditors, and police officers.
Detection of White-Collar Crime.
A real example of the contribution of an investigative journalist to uncover white-collar crime in Norway is relevant to provide here. Seven decommissioned Norwegian naval vessels ended up in the hands of a warlord in Nigeria. The 2012 sale took a surprising turn when an investigative journalist in a Norwegian daily newspaper (Egeberg, 2014, 2015) revealed that the vessels were serving, 2 years later, in the private flotilla of a former Nigerian rebel (Evans, 2017; Tufts, 2018). Nigeria is rich on oil resources, where the rebels fight for control (Ezeonu, 2020; PricewaterhouseCoopers [PwC], 2015; Reporter, 2013). The news about the six demilitarized missile torpedo boats and one naval support vessel triggered both an internal fraud examination by PwC (2014, 2015) for the Ministry of Defense in Norway and a police investigation by Økokrim (Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime).
The police investigation led to the conviction in May 2017 of one Norwegian official on bribery charges and the revelation of the role played by a UK intermediary, CAS-Global Ltd. The firm applied for export licenses in Norway and for a re-export license for the naval support vessel from the UK, telling the Norwegians that the ships would support an official West African mission, and the British that the ships should serve the Nigerian government (Tufts, 2018).
The Norwegian official appealed the conviction in a district court in Norway in May 2017 via a court of appeals and further to the Supreme Court (Oslo tingrett, 2017; NTB, 2019). The Supreme Court confirmed in May 2019 the sentence in Borgarting court of appeals from October 2018 of 4 years and 3 years in prison for the former commander Bjørn Stavrum in the Norwegian navy (Borgarting, 2018; Eriksen, 2019; Høyesterett, 2019).
Table 2 presents an exploratory attempt to describe signal detection features of observers who have noticed and discover white-collar crime. Signal intensity, signal alertness, pattern recognition, and personal experience from signal detection theory are characteristics of detection ability.
Characteristics of Stimulus in Detection of White-Collar Crime.
Pattern recognition is a matter of sensemaking and contextualization. Contextualization captures the ongoing process of understanding and explaining relationships between information elements. High gives a score of three, medium a score of two, and low a score of one.
We argue that signal intensity for tips to journalists normally is high, as whistleblowers tend to be upset and want to get attention (Andresen & Button, 2019). Furthermore, we suggest that signal alertness is high among journalists, as they are dependent on tips in their daily work to cover news stories. The issue of pattern recognition is not obvious for journalists, since they often present fragments on a publishing basis, rather than a complete and consistent story of events. Personal experience will vary among journalists who may or may not have been writing about white-collar crime before, depending on the extent of specialization among journalists in the newspaper.
The idea of Table 2 is to apply four characteristics of signal detection theory to detection of white-collar crime. At this stage, the items and values represent exploratory research that need further study to be trustworthy. Selection of characteristics as well as judgment along these characteristics for each crime detection source requires multiple raters to enable interrater reliability in future research.
One reason for the high signal alertness among journalists is their complete dependence on external tips to produce news stories. Journalists always need sources to which they have no access unless the sources cooperate with the media. By being polite and receptive, journalists increase the likelihood that whistleblowers and others will contact the media when they learn of potential misconduct and crime (Andresen & Button, 2019). There seems to be a lot to learn from investigative media and their journalists. Rather than formal procedures often applied on a routine basis by auditors and internal controllers, information sources in terms of persons in networks seem to be a more fruitful approach to detection of white-collar crime.
It is beyond the scope of this article to speculate about the extent that journalists have the top position in relation to exposing white-collar crime. However, there might be reasons to believe that it is peculiar in Scandinavia, where the media has a strong position in any public rating of trustworthiness. Especially in Norway, where the publicly funded broadcasting corporation (NRK) has a strong position, combined with state subsidies to a number of newspapers to keep a large spectrum of publications, the role of investigative journalism is important.
Fraud Examiners
Fraud examiners at global auditing firms and local law firms are in the business of reconstructing past events and sequences of events when there is suspicion of white-collar crime in client organizations. They contribute to the detection of offenders. Table 3 lists 125 reports of investigations in Norway, which were available for research. The investigated organization is the client for the examination, such as nursing home Adecco, hospital Ahus, municipality Andebu, traffic station Arendal, and so on. The investigating firm is the fraud examiner such as local law firm Wiersholm, auditing firm PwC, auditing firm BDO, an internal audit function, and so on. The suspected white-collar crime included fraud, corruption, embezzlement, and so on.
Characteristics of Fraud Examinations at Suspicion of White-Collar Crime in Norway.
The final column in Table 3 lists crime detection source, where white-collar offenders became defendants in court and convicted to prison. As the list indicates, very few of the fraud examination reports resulted in convictions. Most of the reports of investigations resulted in blame for misconduct and wrongdoing, and some resulted in sanctioning where individuals had to leave the organization. Some reports concluded that suspicions of white-collar crime were unfounded and accusations were unjust.
Among the few investigations that lead to cases in the criminal justice system, media journalists detected most of the crime. We have thus the following distribution based on Table 3: 12 conviction cases detected by investigative journalists 2 conviction cases detected by bank employees 2 conviction cases detected by the police 1 conviction case detected by a victim 1 conviction case detected by a bankruptcy lawyer 1 conviction case detected by an auditor 111 suspicion cases categorized by fraud examiners as no misconduct, or misconduct, but no crime.
The biggest category in the final column in Table 3 is blank entries. Unfortunately, we do not know the outcomes of all these cases. What we know is that none of the cases led to prosecution and conviction. This result is in itself interesting for two main reasons. First, fraud examiners hired by client organizations tend to deliver what clients expect in terms of descriptions of misconduct and suggestions for preventive actions in the future. Clients prefer fraud examiners to avoid indications of crime in terms of law violations (Gottschalk & Tcherni-Buzzeo, 2016). Second, miscarriage of justice should be avoided at all costs in the Norwegian culture (Holmes et al., 2020). If there is any doubt at all, a suspected offender should never be prosecuted. Therefore, a large number of guilty persons are never on trial to avoid that an innocent person ever ends up on trial. If Norway would have the same incarceration rate as the United States relative to the national population, Norway would have 38,000 individuals rather than the current 3,800 individuals in prison. There is thus a 10 times difference, which is explained by a number of factors, including the fear of miscarriage of justice.
While Table 3 lists a total of 130 fraud investigation reports, which is a large sample, we have no way of telling whether the sample is in any way representative of all fraud examination reports in Norway. As emphasized by Gottschalk and Tcherni-Buzzeo (2016), most reports remain secret and never disclosed to neither the public nor the police. Our sample can thus be biased in some unknown direction. Nevertheless, it is interesting to note that the most frequent fraud examiner is a local law firm (33 cases), which is followed by public audit (27 cases). The distribution among global auditing firms is 15 cases by PwC, 13 cases by BDO, 11 cases by Deloitte, 6 cases by Ernst & Young, and 3 cases by KPMG.
Discussion
It is beyond the scope of this article to compare with other countries. However, over the years, we have been able to collect some fraud examination reports from other countries as listed in Table 4. As in Table 3, the final column is mostly blank, as suspected offenders never ended up in prison. In the few cases resulting in incarceration, the media is the main source of detection, which typically received early tips from informants and whistleblowers.
Characteristics of Fraud Examinations at Suspicion of White-Collar Crime Globally.
Conclusion
One of the main problems with detecting many forms of white-collar crime is that they are not obvious. Indeed, the perpetrators often deliberately design the offenses so that they appear to be legitimate business practices. Thus, unlike most ordinary forms of street crime, outsiders do not often recognize white-collar offenses, at least not for some time. Piecing together evidence that a white-collar crime has actually occurred is always much more difficult than it is for other types of offenses. This means that detecting and interpreting signals of a white-collar offense is indeed a problem, and perhaps signal detection theory can find a useful application in this context.
This article first reviewed literature on public government versus private governance in regulating business conduct in organizations. Next, the theory of signal detection illustrated factors that influence detection of white-collar crime signals. Two empirical studies from Norway followed, where one is a sample of convicted white-collar offenders, and the other is a sample of investigations by fraud examiners. While investigative journalists disclose a significant fraction of crime stories that later result in prosecution and conviction of white-collar offenders, few fraud examiners make similar contributions to fill the gap between government and governance.
While miscarriage of justice is a top priority in Norwegian society with less than 6 million inhabitants, crime detection and evidence development seems more at the core of investigative journalism compared to fraud examination. An avenue for future research is to study mandates in fraud examinations and competence of fraud examiners. Maybe auditing and legal knowledge are less relevant compared to competence in psychology, sociology, and management.
This article confirms a long-standing finding that businesses generally prefer the handling of misconduct, broadly defined, internally. In addition, the avoidance if injustice at all costs within the Norwegian culture is an important factor.
Footnotes
Declaration of Conflicting Interests
The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The author(s) received no financial support for the research, authorship, and/or publication of this article.
