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Apple’s head of security indicted in Santa Clara County CCW case

morganhilltimes.com

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Re: Apple’s head of security indicted in Santa Clara County CCW case

#351

Earlier quoted context omitted.

I have it on good authority that all apple employees are trained to not pay any kind of bribes. Didn't realize that training would need to be applied in the states tho

That's bad training. If they are stuck in a country because they won't pay the $20 exit fee because authorizing legislation was not properly adopted, then apple are idiots. It will take one person dying because of this policy for apple to be sued to hell and back.

[deleted]

Re: Apple’s head of security indicted in Santa Clara County CCW case

#352
I thought this was common place in California since they are a may issue instead of a shall issue state. Remember like 3 years back coming across a YouTube video on this, someone wanted a list of permit holders and how much they donated. But the sheriff office wasn't cooperating with his freedom of information request and tried to say it was illegal to film them without permission. Don't remember what county or the video. Sounds they doesn't respect your first or second amendments in California.

I used to dream about moving there for tech, but with the high taxes and bureaucracy glad I didn't... Still want to move somewhere with more tech than where I am now though, been flipping back and forth between Austin and Salt Lake City (which looks like I might have a opportunity lined up for early next year!). Seems like Utah is growing for tech, 2 hour flight from SV so investors like that since they could fly early in the morning, do some business deals and fly back for dinner.

Re: Apple’s head of security indicted in Santa Clara County CCW case

#353
post #318

Earlier quoted context omitted.

...any legal reason... Actually, denying the permit via an illegal action (requesting a bribe) is not a lawful denial and would result in the violation of your equal protection rights.

They do not have to provide the reason. Does it matter if the real reason is illegal?

If they solicit a bribe, one would reasonably assume that a failure to pay would result in a denial. If you have a recording of that, then you could provide probable cause that it was illegal.

If you weren't propositioned with a bribe, then true, it wouldn't be apparent why you were denied.

Re: Apple’s head of security indicted in Santa Clara County CCW case

#354

Earlier quoted context omitted.

I've gone through various "International Training" sessions at my company and one of the things they teach is that if a foreign official says something like, "hmmm... your papers are invalid, but I can help you out for $100" or similar, you should pay and immediately report (and expense) it on return. I know one coworker who went through this traveling through a small country.

That is illegal according to US law. At my company, we are explicitly taught the opposite: paying "facilitation fees" is prohibited and illegal and that the employer will fire you and throw you under the bus if they find out you did so. They explicitly mention that this is not allowed even if it is the norm in the country in which you are doing business.

I have never heard of a major company that didn't advise its employees to pay bribes abroad.

Whether it's legal or illegal is almost aside the point, someone can choose between either breaking some arcane, unenforced US law, or potentially spending months/years in some hellhole of a third-world jail or prison while the Embassy slowly negotiates a release. And in some places, that's assuming someone doesn't just "disappear" or get robbed and shot on the spot.

It'd often be better to get fired and federally charged than to risk what your company advocates. In a worst case scenario, at least you know what you're getting, at least you'll have competent legal defense, and at least there will be a high -- virtually unprovable -- standard of evidence required for a federal jury to indict.

Re: Apple’s head of security indicted in Santa Clara County CCW case

#355
post #102

Earlier quoted context omitted.

> How do you know which one to choose? In Apple's case, you could refer back to Apple's business conduct training program, a self directed online class which ALL of us are REQUIRED to pass ANNUALLY, and which states in no uncertain terms that NOTHING of value may be paid to a government official without prior approval from higher up, and describes precisely such "facilitation fees". And if the article is to be believ…

>General Counsel once created a backdated paper trail for a fictitious meeting of the executive team More on that Story?

https://www.sec.gov/litigation/litreleases/2008/lr20683.htm

I actually met Heinen on my first day at work — back then, Apple was small enough that it was customary for a member of the executive team to drop in to new employee orientation each Monday.

Re: Apple’s head of security indicted in Santa Clara County CCW case

#356

Earlier quoted context omitted.

The individual was arranging a donation to be provided by the company, which only didn't happen because of the investigation itself. That is, the bribe would have been paid by Apple.

But it probably had no idea that it was part of a bribe. How could it?

Who would have to know before you would consider "the company" as knowing it? This was a chief executive doing it

Re: Apple’s head of security indicted in Santa Clara County CCW case

#357
post #325

Earlier quoted context omitted.

"That is illegal according to US law." Can I ask if you are an attorney - because this is absolutely 100% false. You are spreading misinformation here. If your employer fires you for paying a facilitation fee to advance a routine govt action or travel then you should absolutely sue them.

> The Foreign Corrupt Practices Act of 1977 is a United States federal law that prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests. https://en.wikipedia.org/wiki/Foreign_Corrupt_Practices_Act

> Regarding payments to foreign officials, the act draws a distinction between bribery and facilitation or "grease payments", which may be permissible under the FCPA, but may still violate local laws. The primary distinction is that grease payments or facilitation payments are made to an official to expedite his performance of the routine duties he is already bound to perform

Re: Apple’s head of security indicted in Santa Clara County CCW case

#358
post #296

Earlier quoted context omitted.

> non-essential Having weapons for your security officers is quite essential, especially for a company as high profile as Apple.

That doesn't require a CCW. The guards could easily get exposed firearms permits. They need the CCWs to carry concealed and off duty.

You can't carry openly in many places, for example, in CA it is illegal to openly carry a handgun. [1]

CCW is the only option, and they were holding this guy hostage by not issuing one when it was obviously necessary and appropriate.

[1] - https://www.shouselaw.com/ca/faqs/can-i-openly-carry-a-gun-i...

Re: Apple’s head of security indicted in Santa Clara County CCW case

#359
post #119
post #98

Can't believe all the Apple apologists here. Bribing public officials is a crime, period. It isn't an "unfortunate situation" or anything else that people are calling it. It also doesn't matter who initiated the bribe. The employee, and potentially the company itself, absolutely need to be charged and prosecuted for it.

I disagree. I dislike Apple's practices as much as anyone, but when the #2 person at the sheriff's office is the one soliciting the bribe, you have a problem with the police department that even Apple cannot be expected to fix. You can argue that they should have gone straight to the DA, and you might even be right, but the only way for this problem to get fixed is by cleaning house at the police department, not by s…

"The biggest company in the world vs. County Sheriff" and you think Apple had no other options?

Re: Apple’s head of security indicted in Santa Clara County CCW case

#360

The issue here at the end of the day is that getting a CCW is up to the whim of the local police. Either the federal government or the state government should present a well documented procedure for this that is not susceptible to the whims of a local official.

It isn’t in all states. Jessie Ventura changed the rules for that when he became governor of Minnesota.
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