Embezzlement - Pathological Basis
Embezzlement - Pathological Basis
1942
Recommended Citation
Svend H. Riemer, Embezzlement: Pathological Basis, 32 J. Crim. L. & Criminology 411 (1941-1942)
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EMBEZZLEMENT: PATHOLOGICAL BASIS1
Svend IL Biemer 2
3Cp. Prof. E. H. Sutherland: White Collar Swedish environment, and, finally, the term
Criminality. Am. Soc. Review. Febr. 1940. Vol. embezzlement according to Swedish law covers
5, No. 1--Our field of observation, however, does a somewhat wider field. Our material contains
not permit any definite conclusions as to the many cases (installment fraud) which accord-
validity of Sutherland's thesis. Our attention ing to American Law would have to be classi-
is limited to mainly pathological cases, to the fied as "larceny by bailee."
EMBEZZLEMENT
We find here continuous changes in oc- question becomes indifferent to the pos-
cupation, short term jobs only, and sible consequences of his criminal be-
possibly an inclination toward the havior. In some cases'he just becomes
salesmen or agent type of career. The more careless and loses control of the
inability to adjust to a permanent oc- rather complicated system of fraud-
cupational position is obvious. An at- ulent manipulations which so far have
titude develops which lets the person in hindered discovery.
question look about consciously for op- Extreme poverty and immediate
portunities of making a living in the needs for the sustenance of life, espe-
easiest possible way. This attitude cially urgent if the person in question
might become part of an established carries responsibilities toward other
routine which causes the individual to members of his family, are obvious
drift toward illegal behavior if, at the causes for any type of illegal behavior.
time being, no legal opportunities offer The loyalties for society will be broken
themselves. Thus, and not seldom, em- down in self-defense. If embezzlement
bezzlement appears as a final, perhaps is the consequence, we find the culprit
somewhat more extravagant, step in a has run into the particular scheme of
series of speculative maneuvers in busi- manipulations more or less by accident
ness or on the stock market. Needless or imitation.
to say, the push in the direction of
fraudful behavior is aggravated if eco- Conflict Situations in Regard
nomic losses occur in this connection. to Family Life
If the individual conceives his eco- In more cases than might be expected
nomic losses as undeserved, he might we find a coordination of family conflict
assume an attitude of general protest and ecQnomic emergency at the basis of
against society and thus be prepared to the attitude that makes emliezzlement
sever loyalties with his partners- in possible. The simplest connection be-
business transactions. In many cases tween these two spheres of the individ-
this attitude developed as a conse- ual life history prevails where provision
quence of economic losses sustained for the family is the cause of economic
during the peace crisis in, Sweden after needs. Not seldom, however, the rela-
the last war. The situation gains in tionship is of a more complicated na-
tension if the embezzlement is con- ture. Sudden elimination, by death or
nected with the expectation of future otherwise, of a member of the family
profits which will enable the culprit to who held an overwhelming authority
extinguish the traces of his temporarily might throw the culprit into a con-
illegal behavior. fusion in regard to his new responsibili-
Overwork is to be mentionbd as an- ties. Where the primary group of the
other environmental constellation which family has been extremely close-knit,
might cause an attitude relevant to the behavior of the individual loses an
criminal behavior. In a state 6f com- element of coniiol which-if economic
plete nervous exhaustion the person in difficulties are added to the situation-
SVEND H. RIEMER
5 In some cases the legal definition of a crime Am. Journal of Sociology. Vol. XLV. No. 4.
coincides strictly with one sociogenetie type. January 1940.
Cp. Svend Riemer: A Research Note on Incest.
SVEND H. RIEMER
observe growing debts for a long num- emotional isolation of the criminal,
ber of years before the final break with breaking down loyalties to family or
the professional ethics occurs. In all society in general. In five cases the
cases but one is the criminal career embezzler is totally absorbed by his
entered via a gradual transition from professional work, complicated by the
not strictly ethical to overtly criminal requirement of avoiding the discovery
behavior. To begin with, money is of his crime; he seems cut off from out-
"borrowed" in a temporary emergency side interests.
situation and replaced at times of offi-
Undoubtedly, some of the elements in
cial control. Later on, this replacement
the behavior sequence of this criminal
is regularly repeated. Money is bor-
type are related to very specific Swed-
rowed from other sources to cover up
ish conditions. The system of munici-
the lack of funds for the period of con-
pal government make public service in
trol only. Finally, however, these or
many cases an honorary or at least
other means of covering up the em-
underpaid function. The duty of a
bezzlement fail. With furthermore in-
sheriff is taken over as a matter of
creasing debts and nervous exhaustion
prestige. Difficulties arise when the
the complicated protective mechanism
actual burden of work is understood.
grows out of the hands of the culprit.
In the administration of highway funds
In the great majority of these cases we
there is often no strict separation be-
find the embezzler, at the time of crime
tween private and public cash money,
detection, in a state of overwork and
which at a given time is in the hands of
exhaustion. We are bound to use this
latter, rather general, term. The tabu- the official. A slight oversight very
lation of pathological conditions indi- easily develops into actual embezzle-
cates that embezzlement, here, is not ment. Often insight is even lacking
specifically related to one or the other into the fact that a crime has been com-
type of neurosis or psychosis. A great mitted. Allusion is made to the pos-
variety of patterns may be observed, sibilities of replacing the money in a
all of which are causing adjustment week to come or so.
difficulties, although in somewhat dif-
This type of embezzlement might be
ferent ways. Nervous tension in the
looked upon as the outcome of an un-
process of embezzlement aggravates a
usual degree of trust in the honesty of
condition which previously appears as
an unobstrusive tendency only in the the individual functionary. Conflicts
life history of the criminal. The same arise, where public functions are dele-
is true in regard to the family situ- gated to personnel that is not thoroughly
ation. There is a great variety of pat- conditioned by the folkways of civil
terns of maladjustment. They all tend service proper. Debts and distress in
to break down the ability of planning the family situation as well as the men-
life and the economic career on a con- tal health in general of the personnel
siderate basis. Often they lead to an in question should be watched as a
419
EMBEZZLEMENT
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SVEND H. RIEMER
matter of defining the crime risk in ious employees to break loose from the
these cases. enterprise in which they are engaged
2) Embezzlement of the entrepre- and to establish a business of their own,
neur in his struggle for economic primarily on a speculative basis. During
independence. the following economic depression
these new entrepreneurs meet a previ-
TABLE IV ously unexperienced situation. They
Types of Embezzlers
fail in their own enterprise, succumb
economically and face the necessity of
Embezzlement in civil service and ad-
ministrative functions ............. 15 resuming their old status of employees.
Embezzlement of entrepreneurs in This retreat might be cut off by the
struggle for economic independence. 12 increasing unemployment or also by
Embezzlement for the preservation of
status ......................... the unwillingness on the part of the
5
Embezzlement as a quasi-professional individual to give up the status of an
routine ........................... 26 independent entrepreneur. Difficulties
a) Systematic exploitation of the increase while they fight for economic
loopholes of social control.. 11
b) Occasional lapse into embez- survival. Speculation and scheming
zlement in a life of restless va- has been the basis of their previous
grancy ................... 7 success. They cling to this attitude for
c) The confidence man ....... 8
Petty embezzlement due to temptation self-defense, finally overstepping the
and pressing needs ............... 19 borderline of legal business transac-
a) The feebleminded embez- tions. There is a prevalence of slightly
zler ...................... 8
b) Extreme poverty ......... 11 paranoid to outspoken paranoid cases,
Embezzlement for the sake of amuse- which in sociological terms implies an
ment and luxurious consumption .... 4 attitude of protest and ensuing dis-
loyalty against society which has be-
Total number of classified cases ....... 81
Borderline cases ..................... 19 reaved them of their property.
In Sweden there is added to this
Total ......................... 100
close relation to the fluctuation of the
Another typical sequence of criminal business cycle another constellation of
behavior is that of the business man importance. Frequently, in these par-
who is caught in a desperate struggle ticular cases, a transition has been
for survival of his business enterprise. made from farming and other agri-
The frequency of embezzlement rose cultural pursuits to business activities.
considerably in Sweden a few years A wealthy peasant's son, owner of
after the peace crisis in the early
forest land, might turn to the lumber
twenties. Business fluctuations affect business for economic profit and fail in
this particular crime wave-as we learn
this activity for which he is not pre-
from our case material-in the follow-
pared by experience. Or a small cot-
ing way: tager might use an unexpected inheri-
At the time of business properity tance to buy a truck and try himself
there is a tendency on the part of prey- in the truck-driving business. In all
EMBEZZLEMENT
these cases loss of property breaks course on the basis of family status,
down the loyalty toward society and they were unable to adjust their stand-
the rest of the business world in par- ard of living to decreasing financial
ticular. means. Close affections toward depen-
It is the sudden reverse in the trend dents agg:avated the crime risk inas-
of the economic career and lack of much as they made the loss of status an
previous experience to meet the emer- even more undesirable or impossible
gency which predominates in the causa- step to take.
tion of crime. Slight paranoid tenden- The behavior sequence is very simi-
cies make the transition to the status lar in those other cases, where an af-
of an employee impossible. As far as fectionate son of the owner of a large
the private life in these cases is con- country estate struggles in vain against
cerned, maladjustment is not infre- economic ruin or where the oldest son,
quent. It represents, however, a symp- trusted with the liquidation of his ad-'
tom of the situational strain rather than mired father's rather entangled eco-
an important element in the configura- nomic affairs on behalf of the family,
tion of circumstances which in them- is led into illegal transactions, or where
selves are inducive to criminal behav- a female postal official is suddenly
iui. Twelve cases in our material fall faced with the responsibility of pro-
strictly under the category here dis- viding means for the support of mother
cussed. and siblings. Although there are only
3) Embezzlement for the preserva- very few cases of this kind in our mate-
tion of status. rial, they represent a distinct type of
Preservation of status alone leads crime causation.
toward embezzlement in a few (5) 4) Embezzlement as a professional
cases. All these cases concern rather routine.
timid individuals whose life is embed- a) Systematic exploitation of the
ded in family contacts of close cohesion, loopholes of social control (eleven
The family, on its part, is grown into cases)
fixed relations with a social environ- In contrast to the previously men-
ment that requires economic means of tioned types of embezzlement we are
a certain order for an adequate stand- dealing here with individuals who--on
ard of living. Two members of the the basis of emotional instability-have
higher Swedish nobility give the best been unable to acquire a firm position
illustration of this particular type. in occupational life. They are described
They committed embezzlement out of as adventurous, as restless, unreliable,
sheer anxiety, or rather confused help- extremely egotistical and disloyal al-
lessness, when adverse economy should ready in early childhood or adolescence
have induced them to severe connec- even in their dealing with members of
tions with their "social set." Sheltered their own family. Thev shift from one
from early childhood by economic help attempt to another to make some
and natronage, given as a matter of money. With three exceptkw_- thev
SVEND H. RIEMER
have not been gainfully employed for tives might be broken. This occurs,
any length of time. however, on the basis of a complete ab-
The technique of embezzlement va- sence of feeling of responsibility. The
ries all the way from counterfeiting to person is not completely isolated in its
fraudal installment purchases. They ex- egotistical scheming as the above men-
ploit institutions as well as friends and tioned type.
relatives. The source of their criminal c) the confidence man. (4 cases)
behavior is to be found in a patho- Well-known as a criminal type, the
logical condition of their emotional life confidence man might occasionally be
which makes adjustment to the routine arrested for embezzlement. He shows
of occupational life impossible and al- marked deviation from all other em-
lows for an -egotistical scheming for bezzlers. He does not apply an ab-
profits that is void of any social loyal- stract scheme for his illegal enrichment.
ties. They are psycho-pathological in- He betrays face to face, often by impro-
dividuals, not specifically related to any vising along the general framework of
type of psychosis. They might be of a standard confidence game. He runs
very different family background. In- into just embezzlement only perchance,
dividually their social status is hard while whimsical craving for sympathy
to define inasmuch as they are fluctuat- and shrewd acting appear as the main
ing at the borderline of the occupa- features in his criminal technique. In-
tional hierarchy, seeking closer attach- fantilism, uncontrolled emotional ex-
ment temporarily only wherever they hibitionism and failure to establish re-
see a possibility of making "easy liable relationships with his environ-
money" without settling down to the ment are outstanding in the psychologi-
monotony of a regular job. cal set-up of the confidence man.
b) Occasional lapse into embezzle- Fraud represents a domineering fea-
ment in a life of restless vagrancy ture in his life career. He shares with
(7 cases) the last mentioned two types of em-
This type has in common with the bezzlement the lack of occupational
above mentioned the lack of adjust- adjustment.
ment to occupational life on the basis 5) Petty embezzlement due to temp-
of emotional, restlessness. It varies, tation and pressing needs.
however, in the attitude toward crim- a) The feebleminded embezzler. (8
inal behavior. Embezzlement or similar cases)
pursuits do not enter systematically The configuration of circumstances
into the plan of li:e. Crime is resorted relating to the criminal actions show
to only occasionally in a situation of a surprising degree of similarity as far
economic embarrassment. It replaces as this limited number of feebleminded
for the time being one of those short- embezzlers is concerned. All but one
term jobs by which the person in ques- are living in a farming environment
tion is used to keep financially afloat. and are less than thirty years old. Oc-
Loyalties toward close friends and rela- cupationally they are not firmly estab-
EMBEZZLEMENT
lished yet, fluctuating between unem- tion does the person in question resort
ployment, work on the parental farm to some of the more primitive means of
and odd jobs. Embezzlement appears embezzlement. Installment frauds are
as an irresistable temptation once the relatively frequent. In the emergency
opportunity has been discovered. The situation, we find these individuals in
technique applied is ridiculously simple a state of complete social deterioration.
and the crime easily and quickly dis- Loyalties toward society at large are
covered. Stamps are being used again easily broken down. There is no spe-
after having been devalidated, wage- cific relation, however, to mental de-
checks are falsified to the benefit of ficiency.
the receiver, the savings account of a 6) Embezzlement for the sake of
relative is misused, etc. Characteris- amusement and luxurious con-
tic is the short-lived but repetitious sumption. (4 cases)
sequence of criminal acts of a similar
kind. Once the opportunity is dis- In four cases only is the embezzle-
covered as a matter of chance, the temp- ment the outcome of a sudden and ir-
tation and lack of foresight carry the resistible desire to spend money lav-
culprit away who very soon oversteps ishly for luxurious consumption. The
the most primitive caution and actually two women in this category use their
solicits the discovery of his illegal ma- illegal manipulations in order to dress
elegantly and beyond their economic
nipulations. Thus, the sequence of
possibilities. The two men break out
criminal acts stops as suddenly as it
into a sudden bout of an amusement
was started. Relative poverty and es-
pecially the entire lack of pocket money trip, relations with prostitutes, etc.,
during which they spend irresponsibly
at a young age are the general social
a sum of money they have been trusted
background upon which this type of
with. The case material indicates neu-
embezzlement might originate in a
rotic tendencies in the two women, a
limited number of feebleminded indi-
manic condition in the latter two cases.
viduals.
General environment and family situa-
g) Temptation on the basis of extreme tion vary in the individual cases.
poverty. (11 cases)
Although further types such as those
This type of embezzlement merges
of the drug-addict and those of em-
into the above mentioned. The temp-
bezzlement mainly on the basis of fam-
tation, however, is less due to a sudden
ily conflict are indicated among our
insight into opportunity and the fail-
cases, they cannot be clearly established
ure to appreciate the consequences of
criminal behavior: the social push without unduly forcing the available
predominates. The culprit acts in an material. The rest of about 10 cases
extreme emergency situation. He or appear as borderline cases between the
his family is starving and under the in- above mentioned types of embezzle-
fluence of impending physical annihila- ment.