Examining Federal Criminal Sentencing of White-Collar and Common Property Offenders: The Case of Embezzlement and Larceny

Abstract

This study addresses the question of whether those charged with embezzlement—an offense characterized as a white-collar crime—are punished leniently, severely, or approximately the same compared with similarly situated larceny offenders—an offense characterized as a non–white-collar property crime—in federal criminal proceedings. To assess this question, the current study uses propensity score matching techniques to create a comparable sample of embezzlement and larceny offenders. Using data from the United States Sentencing Commission on individuals sentenced from years 2005 to 2010, the current study finds embezzlement offenders are more likely to be sentenced to incarceration relative to larceny offenders. In addition, the findings suggest that embezzlement offenders did not have a significantly higher likelihood of receiving a sentence of incarceration in the years following the onset of the Global Financial Crisis.

Theorizing the drop in white-collar crime prosecutions: An ecological model

“…Nevertheless, some useful insights can be gleaned from existing research. Using federal sentencing data, Testa (2019) found that embezzlers were 1.81 times more likely to be imprisoned than larceny offenders, suggesting that white-collar criminals were viewed as more culpable for their behaviour than street criminals. In contrast, Slyke and Bales’ (2012) analysis of sentencing patterns in Florida suggested that property offenders received harsher sentences than white-collar criminals; the odds of incarceration were 33.4% lower for white-collar criminals compared to property offenders.…”