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Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

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Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#141

Earlier quoted context omitted.

Yes, this is effectively a race to the bottom situation and is a form of corruption of the rule of law. In today's world, we tend to have a culture of "letting things slide" and all this does is gradually normalize and escalate breaking the law over a long period of time.

It’s a side effect of having so many laws that it’s impossible not to break some of them. And this is coming from someone on the left.

Which laws were this Netflix exec's crimes an impossible "side effect" of?

Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#142

Every time this story comes up, the comments are filled with people proclaiming that kickbacks like this are totally normal and very common. I can't tell how much of it is random people projecting their cynicism onto the business world, or if it's people who have been part of bribery/kickback schemes themselves trying to normalize the behavior online. Either way, cases like this should make it clear that the behavior…

I know of people who AWS fully sponsored, including business class intercontinental travel, to attend re:Invent which is essentially a week long holiday party, by virtue of AWS bill. Every vendor has marketing budget and a decent portion of it goes to keeping their point people at clients happy. You can call it kick back or whatever, it’s a matter of semantics. So yes it is normal. And no it’s neither cynical and nor…

Not the same at all. Paying for people to attend your event versus paying them directly as income are worlds apart.

Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#143
post #83

I created a company around an Open Source Electronic Medical Records system I also created, ClearHealth. It took me a couple of years to realize we were losing deals for health systems not because our system was bad (it was great), not because our sales teams were bad (they were great) but because we weren't engaging in kick-backs and outright bribery. This has become such a normalized part of business at institution…

Did people ask you for bribes, did you say no, did you miss the hints, or did you just not know that you needed to do this?

Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#144

I love how it's totally legal for the governor of Florida to send lucrative drug testing contracts to his wife's owned company but a guy getting a few stock options from a client is illegal. I guess we'll just go back to big wads of cash in an envelope instead.

Whataboutism

Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#145

Every time this story comes up, the comments are filled with people proclaiming that kickbacks like this are totally normal and very common. I can't tell how much of it is random people projecting their cynicism onto the business world, or if it's people who have been part of bribery/kickback schemes themselves trying to normalize the behavior online. Either way, cases like this should make it clear that the behavior…

I know of people who AWS fully sponsored, including business class intercontinental travel, to attend re:Invent which is essentially a week long holiday party, by virtue of AWS bill. Every vendor has marketing budget and a decent portion of it goes to keeping their point people at clients happy. You can call it kick back or whatever, it’s a matter of semantics. So yes it is normal. And no it’s neither cynical and nor…

While normal business travel can have a bit of a boondoggle aspect to it (and your example would probably not be OK for US government employees), it's not generally considered a personal payment or gift as a kickback would be. So, no, it's not the same thing in the manner that paying for someone's personal vacation week on a tropical island would be.

Companies pick up at least some expenses for customers, partners, journalists, analysts, etc. to attend business events all the time. And everyone involved is very clear about the difference between that and handing them a stack of bills under the table.

(And speaking for myself, I can think of a lot of places that I'd rather be than Las Vegas for re:Invent.)

Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#146

Every time this story comes up, the comments are filled with people proclaiming that kickbacks like this are totally normal and very common. I can't tell how much of it is random people projecting their cynicism onto the business world, or if it's people who have been part of bribery/kickback schemes themselves trying to normalize the behavior online. Either way, cases like this should make it clear that the behavior…

I know of people who AWS fully sponsored, including business class intercontinental travel, to attend re:Invent which is essentially a week long holiday party, by virtue of AWS bill. Every vendor has marketing budget and a decent portion of it goes to keeping their point people at clients happy. You can call it kick back or whatever, it’s a matter of semantics. So yes it is normal. And no it’s neither cynical and nor…

That is not really close to what these charges are.

Kail received money and stock directly, not as part of a business or sales exchange. Being flown to a conference where you'll be told the merits of your potential purchase is obviously very different.

Even if Kail had innocently owned stock in a company being evaluated it likely would have been a conflict of interest and they should have stepped away from the evaluation. This happens all the time. As a CEO I can tell you I've had people stop a call partway through because they realize they're conflicted out of the discussion and I'll have to talk to a neutral party.

Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#147
post #134

Earlier quoted context omitted.

> But to throw someone in jail for breaking essentially a corporate policy seems really off. It "seems off" because that obviously isn't what happened. > Jury Earlier Returned 28 Guilty Verdicts Convicting Michael Kail of Fraud and Money Laundering for Pay-To-Play Payments from Tech Startups Seeking Netflix Contracts These are crimes, not mere violations of corporate policy.

> “Bribery and kickbacks are pernicious crimes that stifle Silicon Valley’s culture of competitive innovation,” said Acting United States Attorney Stephanie M. Hinds. “Michael Kail used his highly compensated Netflix position to siphon cash and valuable stock options from his tech vendors, the same vendors whose Netflix contracts he signed and whose technologies he pushed his teams to use. Such crimes come with a cos…

Mate, they got him for numerous counts of wire fraud, money laundering, and more. These are all crimes, not mere violations of corporate policy. If you can't square your understanding of the law with what happened, it's your deficient understanding of the law that is to blame.

Re: Netflix Executive Sentenced to 30 Months for 700K Bribes, Kickbacks from Vendors

#149
post #131
post #109

Earlier quoted context omitted.

My question is how this could lead to jail time? I mean, its against policy, the employer can sue for damages, fire the person, etc. But to throw someone in jail for breaking essentially a corporate policy seems really off.

Netflix is a publicly traded company. They have a fiduciary responsibility to the shareholder to increase shareholder value by always selecting the best interest of the shareholders. It is way beyond a corporate policy. It is stealing shareholder value.

Oh no, not the shareholder value! How high up on the org chart do employees have a direct fiduciary duty to the shareholders? Presumably there is some breakpoint below which is becomes mere incompetence.
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