Cracking Down on Corporate Crime

2014 ends with little media attention or criminal prosecutions about corporate violations of laws already on the books. When the ranks of anti-business liberals and radical environmentalists compile their list of the worst offenders, their types of abuses exemplify that the most egregious and reprehensible of company practices do not hit their radar screen. The Global Exchange contends that the top 10 Corporate wrongdoers must behave badly accordingly to a well defined pattern.

1. Alpha Natural Resources for pollution of rivers, streams, and groundwater; violation of the Clean Water Act ; destruction of forest and wildlife habitats; and devastation of Appalachian communities.
2. Bayer for manufacturing and using bee-killing pesticides, pinning the bee crisis on other causes, exposing farmers to harmful pesticides, and working to monopolize drug prices.
3. Carnival Corporation for dumping sewage pollution into oceans, use of cheap, air-polluting fuels, tax evasion, and unfair labor wages.
4. FIFA for forced evictions from homes and stores, damaging local business, tax evasion, labor abuse, corruption, and violating human rights including: right to adequate housing, right to free movement, right to work, right to protest, and right to labor protection.
5. Gap Inc. for refusal to sign “Accord of Fire and Building Safety in Bangladesh,” refusal to compensate victims’ families, workers’ rights violations, and unsafe building conditions.
6. Ghirardelli Chocolate Company for refusal to use Fair Trade labor and continuing to support child labor, using labor that violates human rights standards, and creating environmental destruction and poverty.
7. Glencore Xstrata for dumping of toxic tailings, tax evasion, police brutality, destruction of communities, human rights violations, and environmental degradation.
8. HSBC for money laundering, financing conflict palm oil producers, and destruction of land.
9. Koch Industries thwarting public policy; forcing policies on funded politicians, judges, and organizations; working to destroy minimum wage, unions, and social security; re-segregation of public schools; toxic pollution.
10. PepsiCo for deforestation, destruction of peatlands, species extinction, greenhouse gas emissions, commodification of water, use of GMOs and prevention of labeling GMO foods, and privatization of public services.

The juvenile and pathetically simpleminded view of corporate predominance misses the truly ruthless and quasi legal systematic underpinning that operates the establishment criminal syndicates.

As long as collectivist crusaders view the business world in strictly environmental and redistribution terms, there is virtually no chance for any meaningful restraints on an organizational model that routinely evades substantive consequences.

The fundamental criminal nature of the corporate organization model itself is seldom considered as the primary reason why the international corporatist system dominates economic, political and legal institutions.

Ignoring this analytic inquiry, the legal profession would have you accept that corporate crimes are, as FindLaw outlines, mostly issues of Fraud, Embezzlement, Tax Evasion and Money Laundering. Accordingly, such thinking would easily accept that the courts can be the legal arbitrator for adjudicating offenses and hold criminals accountable.

Cristina de Maglie, in a law review paper, Models of Corporate Criminal Liability in Comparative Law, elaborates on this mindset.

“The U.S. has adopted the most modern system of sanctions to counteract corporate crime. The U.S. Sentencing Guidelines possess a complex structure that represents the convergence of two modern tendencies: the exponential growth of corporate crimes and the refinement of sentencing mechanisms. Legal theorists insist that organizational sentencing guidelines rely upon a philosophy of economic deterrence, because they offer corporations strong incentives to prevent and detect offenses. The U.S. Sentencing Guidelines reflect an approach with retributive, preventive, and deterrent elements. This reflects an innovative philosophy in the control of corporate crime, the core of which is found in an effective compliance and ethics program.”

Folks, relying on governmental agents to administer and punish wrongdoers and avoiding the basic cause of the problem, namely; the organizational structure that perpetuates a non competitive economy of corporate monopolies, can only be called mental insanity.

Even the academic argument in the book, Changing Old Antitrust Thinking for a New Gilded Age, misses the structural dilemma. “The century-old antitrust laws do not seem up to the task. Perhaps it is time to create laws for a new Gilded Age and provide regulators the power to determine if megadeals are truly good for America.”

Control of commercialism by the 1% of the 1% will not reverse by updating anti-trust laws, when the will to enforce existing laws is effectively non-existent.

The Center for Corporate Policy assembled this recommendation list for Cracking Down on Corporate Crime, as potential options.

1) Strengthen Criminal Liability Standards For Corporations,
Executives and Directors

2) Strengthen The Sanctions for Corporate Crime

3) Ban Corporate Crooks from Federal Contracts

4) Make Certain Types of Corporate Harm a Federal Crime

5) Strengthen the Foreign Corrupt Practices Act

6) Ban Tax Deductions for Fines and Penalties for Corporate
Misbehavior

7) Make corporate crime a law enforcement priority

8) Tighten Discretionary Standards for the Prosecution of Corporate
Criminals

9) Empower Citizens to Enforce the Law

10) Take away homestead (“keep the mansion”) loopholes for corporate
crooks

11) Empower Investors, Consumers and Ratepayers

Addressing the distinction between “earning a living” from the methods of “making money” is a core element in the search for a sound economic basis for commerce. Since human nature has not changed for the better under the Corporatocracy of an executive immorality culture, expecting that minor changes around the edges will provide the formula for nirvana is ludicrous.

With the financial collapse of Middle America, the economic prospects are bleak for future generations. Relying on corporations for employment is unstable at best. Over the next year a continued theme for this series will be the hard choices that confront consumers. Learning the techniques of accumulating wealth, when the corporate consortiums own the access to capital is more important now than ever.

There is no level playing field in business. Corporations are defined as “A legal entity that is separate and distinct from its owners.” Yet the political/judicial establishment has bestowed person rights to an artificial entity. This tragedy allows for the routine criminal theft of humanity. It is time to focus on the actual problem.

By James Hall – Breaking All The Rules –

OBAMA IS PLACING THE U.S. IN A CORPORATE CONTROLLED POLICE STATE DICTATORSHIP

…there is another development on the world stage which threatens the economic health of every single American and American based business. Specifically, I am referencing the Trans Pacific Partnership. The protocols of the TPP establishes a free-trade zone/bloc stretching from Vietnam to Chile and Japan. The most draconian free trade agreement in history includes nearly a billion people which encompass almost 40% of the world’s economy. Since Obama failed to fast-track the TPP into law last year, he has made amazing progress and America is nearing its fate with destiny….

Many of us in the media believe that some of the effects of the TPP will be felt before the coming war and martial law crackdown. However, after careful analysis, I am convinced that the brunt of the TPP will be felt after the America we know has been totally taken over in a post-war and post-economic collapse scenario. At the end of the day, it does not matter when the implementation of the TPP comes, because when it does, America will no longer be recognizable to anyone who has grown up in this once great country.

Some of you are reading these words have no idea what the Trans-Pacific Partnership consists of. Most of you have never heard of it. Some of you have heard or read the term, but fail to realize the extreme danger that the implementation of this so-called trade agreement will mean to America and our way of life. A scant few are coming to realize just how dangerous the TPP truly is. For the record, the TPP is masquerading as a free trade agreement involving the US, Australia, Japan, Canada,Brunei, Vietnam, Malaysia, Chile, Mexico, New Zealand, Peru and Singapore. The TPP is much, much more than a free trade agreement.

With regard to the TPP, ignorance of the organization is understandable. We in the truthful media have not fulfilled our duty to fully explore the ramifications of the TPP because so little is publicly known, Obama has taken full advantage of the cloudy environment and is preparing to even bypass the constitutionally required approval of the Congress before implementing the TPP through a process called “fast-tracking.”

Under the TPP, GMO labels for US food would not be allowed. Also not allowed is Congressional oversight.

President Obama is indeed seeking Fast Track Trade Promotion Authority for the TPP as he is feverishly attempting to get the deal done by the end of the year. If Obama does manage to sign the agreement without Congressional approval, this would effectively neuter Congress in the final approval process. Under such an agreement, this would permit Obama to sign the trade agreement “without Congressional approval.”

When something is secret and kept from you, it is usually very bad for you!

….The TPP is the brain child of the corporations. The TPP places all member nations directly under the control of the TPP instead of their respective national governments. Congress has been denied access to review any of the documents. Alan Grayson (D-FL) was granted a special exemption to view a small part of the TPP and he was told by TPP officials to keep his mouth shut as Grayson recalls that “They maintain that the text is classified information. I’m a member of Congress, but now they tell me that they don’t want me to talk to anybody about it because if I did, I’d be releasing classified information.” Do you realize what this means? The corporate controlled TPP has granted themselves the authority to exercise the governmental power of classifying documents and Congress is included in the exclusion. Do you understand that this means we are living in a corporate dictatorship? It gets even worse.

As if it is not egregious enough that Congress is not allowed to view TPP documents, the 600 corporate officials, who form the TPP panel (e.g. corporate officials from corporations such as Monsanto and Walmart, have complete control of the developmental process of the TPP. Obama can view any part of the process, Congress and the American public cannot.

Further, a leaked chapter of the TPP speaks to the creation of a TPP Tribunal Council which will have the authority to force member nations to transform its laws, its civil procedures, its criminal procedures, even its electoral process, in order to abide by the TPP Tribunal dictates. The bottom line is that we are witnessing the destruction of the Constitution and the entire legal code of the United States, because once the tribunal makes a ruling with regard to a national law, there is no appeal. The Tribunal consists of unelected bureaucrats who are appointed by the creators of the TPP. The term of office for Tribunal officials is unlimited.

By Dave Hodges – The Common Sense Show –