# White-Collar Crimes With Mandatory Minimum Sentences?

**URL:** <https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142>\
**Category:** Great Debates\
**Created:** [December 25, 2013, 10:50am UTC](https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142 "2013-12-25T10:50:48Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![Jim\_B](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jim_b/32/4338_2.png) [@Jim\_B](https://boards.straightdope.com/u/Jim_B)\
**Post date:** [December 25, 2013, 10:50am UTC](https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142/1 "2013-12-25T10:50:48Z")

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I was just wondering, are there any purely white-collar federal crimes, with mandatory minimum sentences? I think we can agree on a definition of purely white-collar: where no violence, no true desperation (i.e., hunger, etc.) is involved. And, yes, it is also the kind of crime that only a rich person would commit.

And I put this in GD, because I have another question: How do the politicians who write these statutes justify them, and how do they sleep at night? You don’t have to answer that last one. But you can, because I truly wonder.

Thank you in advance to all who reply:):)🙂

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**Author:** ![Walton\_Firm](https://avatars.discourse-cdn.com/v4/letter/w/45deac/32.png) [@Walton\_Firm](https://boards.straightdope.com/u/Walton_Firm)\
**Post date:** [December 25, 2013, 1:35pm UTC](https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142/2 "2013-12-25T13:35:51Z")

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The reason white-collar crimes get punished less severely than violent crimes, is because we generally recognize that people are more important than money. You let a rapist out early because you assume that he learned his lesson, and it turns out that you guessed wrong – congratulations, you just enabled another rape. With a white-collar criminal, the realistic worst-case scenario is less severe, by most people’s standards.

Furthermore, people who have been convicted of e.g. committing fraud while working as an accountant, usually lose their job and will have a lot of trouble getting another accountancy job. So the recidivism problem largely solves itself, simply by making the conviction publicly known; you don’t actually need to keep the person locked up in prison in order to prevent them from committing fraud again. Another way to look at this is that white-collar criminals have more to lose in terms of reputation etc, so the actual prison sentence needs to be only a small portion of their total punishment.

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**Author:** ![Bozuit](https://avatars.discourse-cdn.com/v4/letter/b/edb3f5/32.png) [@Bozuit](https://boards.straightdope.com/u/Bozuit)\
**Post date:** [December 25, 2013, 3:15pm UTC](https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142/3 "2013-12-25T15:15:01Z")

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Did you wonder it for very long? I mean, it seems a little obvious.

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**Author:** ![Melbourne](https://avatars.discourse-cdn.com/v4/letter/m/b5e925/32.png) [@Melbourne](https://boards.straightdope.com/u/Melbourne)\
**Post date:** [December 29, 2013, 2:24am UTC](https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142/4 "2013-12-29T02:24:34Z")

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[QUOTE=Jim B.;16957998 and how do they sleep at night? [/QUOTE]

“Between silken sheets, with a companion whose beauty would make you weep with desire”

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**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\
**Post date:** [December 29, 2013, 4:29am UTC](https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142/5 "2013-12-29T04:29:24Z")

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I see [this reference](http://www.huffingtonpost.ca/2011/11/02/canada-white-collar-crime-reform_n_1071378.html) for a mandatory minimum sentencing for fraud in Canada.

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**Author:** ![Human\_Action](https://avatars.discourse-cdn.com/v4/letter/h/ac91a4/32.png) [@Human\_Action](https://boards.straightdope.com/u/Human_Action)\
**Post date:** [December 29, 2013, 5:10am UTC](https://boards.straightdope.com/t/white-collar-crimes-with-mandatory-minimum-sentences/677142/6 "2013-12-29T05:10:04Z")

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> [@Jim\_B](#):
>
> I was just wondering, are there any purely white-collar federal crimes, with mandatory minimum sentences? I think we can agree on a definition of purely white-collar: where no violence, no true desperation (i.e., hunger, etc.) is involved. And, yes, it is also the kind of crime that only a rich person would commit.

Yes: [aggravated identity theft](https://www.fas.org/sgp/crs/misc/R42100.pdf) (PDF warning), and the [“drug kingpin” provision](https://www.fas.org/sgp/crs/misc/RL32040.pdf):

> [@](#):
>
> Conviction of a Continuing Criminal Enterprise (CCE or Drug Kingpin) offense is punishable by imposition of a mandatory minimum. To secure a conviction, the government must establish “1) a felony violation of the federal narcotics laws; 2) as part of a continuing series of three or more related felony violations of federal narcotics laws; 3) in concert with five or more other persons;4) for whom [the defendant] is an organizer, manager or supervision; [and] 5)from which [the defendant] derives substantial income or resources.”244

> [@Jim B.](#):
>
> And I put this in GD, because I have another question: How do the politicians who write these statutes justify them, and how do they sleep at night? You don’t have to answer that last one. But you can, because I truly wonder.

Do you have a specific objection?
