Crime and Punishment

[Edward Campbell]

I was struck by two stories in today's Globe and Mail.

Here is an extract from the first:

http://www.theglobeandmail.com/servlet/story/RTGAM.20050919.wcoffinn0919/BNStory/National/

Paul Coffin avoids prison over sponsorship fraud

By LES PERREAUX

Monday, September 19, 2005 Posted at 4:44 PM EDT

Canadian Press

Montreal - The first person charged in the federal sponsorship scandal won't be going to prison.

Advertising executive Paul Coffin was sentenced Monday to a conditional sentence of two years less a day, to be served in the community, for defrauding Canadian taxpayers of $1.5-million. Coffin pleaded guilty earlier this year to 15 fraud charges.

Justice Jean-Guy Boilard of Quebec Superior Court said he allowed Mr. Coffin to avoid jail after considering his clean record, his repayment of $1 million to the federal government and his remorse.

"Mr. Coffin is genuinely contrite but unfortunately he cannot turn the clock back," Judge Boilard said.

"In my view the risk of reoffending is extremely minimal, I would dare say inexistent."

Here is a bit of the second:

http://www.theglobeandmail.com/servlet/story/RTGAM.20050919.wtyco0919/BNStory/Business/?query=Tyco

Kozlowski gets lengthy term

By SAMUEL MAULL

Monday, September 19, 2005 Posted at 12:48 PM EDT

Associated Press

NEW YORK - L. Dennis Kozlowski, the former CEO of Tyco International, was sentenced Monday to eight and one-third years to 25 years in prison Monday for stealing hundreds of millions of dollars from the company.

Both: © Copyright 2005 Bell Globemedia Publishing Inc. All Rights Reserved.

Let me begin by saying that, generally, I think locking up white collar criminals is a waste of resources.  Watching one greedy yuppie go off to prison does not deter the others - it makes them hire better accountants.  There must be better ways to punish white collar criminals - including exemplary fines which reduce them and their family to just above welfare status.  We do not need to separate most white collar criminals from society - they are not dangerous or violent.  Indeed, one could argue that we should keep them in society - putting their undoubted skills to work to benefit their victims.

Stealing is stealing: stealing hundreds of millions or 'just' one million is no different from stealing a car or scamming and old age pensioner out of her life savings and, so long as society demands that we lock up thieves - a great expense, the punishment for one ought to be much like that for the others.

I regard M. Coffin as a particularly reprehensible thief because he knew that he was participating in political corruption so, in addition to being a common thief, M. Coffin is also part of a conspiracy (I guess that's the right word) to subvert our government.

But what do the two sentences say about our relative views on these highly public crimes in Canada vs. the USA?

Is Justice Jean-Guy Boilard of Quebec Superior Court saying that incarcerating white collar criminals is wasteful and ineffective or, more worrisome for me, is he saying that "Oh, well.  It wasn't all that bad - just government money being spread around, nothing to really worry about."?

Or, is Boilard, like me, frustrated by the terms of Gomery's inquiry and concerned that the foot soldiers will go to prison while the generals like Jean Chrétien and Alphonso Gagliano go free?

 

[Cloud Cover]

One of the immediate differences is that Coffin pled guilty while the other two opted for contested trials. Also, according to the judge in the Quebec case, the shame of a conviction supposedly satisfies one of the objectives of sentencing.   :

I do like your idea of making their families poor as well, (just because we can dream without really hurting anyone).

 

[Brad Sallows]

So the basic lesson is, give back 2/3 of what you steal and show remorse, and still show a $500,000 profit?

 

[Cloud Cover]

No Brad, unfortunately for you and me, in Canada there's that "other" justice system for us little people. I have come to accept that the justice system in Quebec recognizes [and for that matter, much of Canada], with admiration, political corruption when they see it. When public dollars are involved, the stakes are always going to be lower.

Cheat a big bank out of a few million, then see what happens, if they don't 'dissappear' the perp altogether. 

 

[S McKee]

You are correct Whiskey. I was listening to a radio talk show on this yesterday, (Adler) where a woman had defrauded $80,000 from her employer, she admitted her guilt, and was sentenced to 3 years in prison and had to pay restitution. She was a person of little means with an addictions problem; a "little person".  There is "justice" for the rich and "justice" for the poor.

 

[GO!!!]

Communist China regularly executes corrupt officials, perhaps they are on to something?

http://news.bbc.co.uk/1/hi/world/asia-pacific/1719089.stm

Nothing like a single bullet to the back of the head to "encourage" the honesty of ones' peers!

 

[48Highlander]

Yeah, there's a lot to be said for bringing back public executions.  Stick a gallows in the house of commons, right beside the speakers seat  ;D

 

[Kat Stevens]

China also executes Budhist monks and nuns, along with mouthy students.  Maybe not the best example, but I agree, abuse the public trust, be dismissed under regulation .303.

 

[Cloud Cover]

Nothing like a single bullet to the back of the head to "encourage" the honesty of ones' peers!

We don't have enough bullets.