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Walmart Pleads Guilty After a Decade of Bribes

nytimes.com

161–170 of 214 posts

Re: Walmart Pleads Guilty After a Decade of Bribes

#161
post #143

Earlier quoted context omitted.

I'm not an apologist for Walmart, kind of the opposite actually, but in a lot of places bribes are not seen as malicious or corrupt just unspoken rules. A friend of mine from Nepal said something along the lines of "bribes are just a lubricate to an intentionally slow and unorganized bureaucracy". Places like China, India, Vietnam, & Taiwan all have pretty well know backdoor policies of this. Its a bit old but https:…

The FCPA (the law Walmart violated) specifically allows such "lubrication" bribes, where you're basically just paying a lowly government official a small amount to do his/her job a little faster. The forbidden bribes happen when you pay a higher-level official to make a decision in your favor that they otherwise might not have made. Huge difference in the eyes of the law.

I've worked somewhere that the policy was you don't pay bribes. You hire a local company capable of navigating the nuances of the local permitting process.

Re: Walmart Pleads Guilty After a Decade of Bribes

#162
post #121

Earlier quoted context omitted.

> Holding the CEO liable for employee misdeeds is like holding teachers responsible for teenagers getting into fights or having sex. This analogy doesn't hold for a lot of reasons, but the most obvious is that teachers don't get to choose their students. CEOs can (and should) fire employees that don't live up to their ethical responsibilities.

A better analogy: Holding the CEO liable for employee misdeeds is like holding a principal responsible for teachers getting into fights or having sex. Or, whatever problems teachers cause

A betterer analogy:

Holding the CEO liable for employee misdeeds is like holding a principal responsible for students getting into fights or having sex.

Just like the principal doesn’t choose the students, management often only hires their direct subordinates. The principal/CEO could expel students/employees directly, but it’s often met with opposition, more the further down the hierarchy they reach.

Re: Walmart Pleads Guilty After a Decade of Bribes

#163
post #72

I live in Africa and pay bribes on a weekly and sometimes daily basis. It’s hard to do anything at all without bribes here, and I am certainly sympathetic of it. People who don’t have experience with 3rd world countriss often think it’s a big deal bribing someone. But it’s not, it’s a simple fact of life. I don’t really see anything wrong with a company doing it either. In fact, I kind of like paying bribes. Unlike i…

Can't tell if joking or antisocial. Especially the line about "I can really just do anything I please. I have money, so it's all good."

Obviously if everyone with money can do whatever they want, the trust in institutions plummets and more and more people start cheating, so one ends up with a society of cheaters who think it's normal to bribe.

Re: Walmart Pleads Guilty After a Decade of Bribes

#164

Earlier quoted context omitted.

From the article: "But even as employees frequently raised alarm, the company’s top leaders did little to prevent Walmart from being involved in bribery and corruption schemes." Which means the "top leaders" knew of the problem, and choose to ignore it. It would be a different story if they put real effort into self policing and there was evidence they pushed the guilty contractors/etc but again: "The plea agreement,…

So the part right before your quote says: “For more than a decade, Walmart used middlemen to make dubious payments to governments around the globe in order to open new locations, United States prosecutors and securities regulators said in a settlement agreement on Thursday.” The parts you quote are the NYT reporting the prosecutor’s allegations as fact. But the passage you quoted also explains everything you need to…

> But little to substantiate the prosecution narrative recounted as fact by the NYT.

I think you missed the part where they settled.

> There is a reason Wal-Mart spent a billion dollars investigating this case but the government agreed to settle for less than $300 million—once prosecutors dug in, there wasn’t much of a story there.

Wouldn't that rather suggest that they feared they could be liable for much, much more than a billion, and they jumped at the chance to make it all go away for just a "paltry" $300 million?

Re: Walmart Pleads Guilty After a Decade of Bribes

#165
post #161

Earlier quoted context omitted.

The FCPA (the law Walmart violated) specifically allows such "lubrication" bribes, where you're basically just paying a lowly government official a small amount to do his/her job a little faster. The forbidden bribes happen when you pay a higher-level official to make a decision in your favor that they otherwise might not have made. Huge difference in the eyes of the law.

I've worked somewhere that the policy was you don't pay bribes. You hire a local company capable of navigating the nuances of the local permitting process.

And what happens when your consultant bills you for a big but vaguely described fee?

Re: Walmart Pleads Guilty After a Decade of Bribes

#166
post #131

I'm sorry, It's an unpopular opinion to hold, but the overseas bribery thing is a ridiculous standard to hold. [These opinions are just mine, and while I have them as opinions I would never act on them as a representative of my company, not that I would ever have the chance, and I don't work for Walmart] Over the course of human history, bribery has been the norm. I would dare to say that today, by population, it is…

I've seen many sorry excuses for dishonest business practices. They all fall apart when investigated closely.

Bribes and cheating are punished because "trust" is a very important thing a society. The disadvantages are plain as day in corruption-infested countries: unreliable and untrustworthy police, criminals getting away with almost anything, the government is openly working on enriching itself at the expense of the population, etc.

Re: Walmart Pleads Guilty After a Decade of Bribes

#167
post #89

Earlier quoted context omitted.

Companies (even purely algorithmic ones) are not amoral because they are directly impacted by the ethical and unethical behaviors that they choose. So they are not “unconcerned” with the morality of their actions. Versus for example “technology” which is amoral, because it is itself a tool unaware of the purpose for which it is even being used. Of course companies are also not immortal, companies “die” all the time.…

.1% of EBITDA is a “cost of doing business” if it makes them .1% + X. Even if it doesn’t, it’s an annoyance. It doesn’t hurt any more than you or me getting a parking fine. You have to make it really, truly hurt the bottom line, because that’s the only language they speak.

Even then, it's not even a cost of 0.1% EBITDA. It's a cost of 0.1% * p, where p is the probability of actually being caught. How many companies behave unethically because they know full well the will likely get away with it.

Re: Walmart Pleads Guilty After a Decade of Bribes

#168
You obviously can't jail a corporation as you would a person in this situation. However, a person would absolutely be subject to asset forfeiture and proceeds of crime law in such a situation - do the same here.

A paltry fine such as this is never going to prevent this behaviour. Determine as part of the investigation any revenue the company made from engaging in the behaviour and take it off them, in addition to the fine.

Re: Walmart Pleads Guilty After a Decade of Bribes

#169
post #131

I'm sorry, It's an unpopular opinion to hold, but the overseas bribery thing is a ridiculous standard to hold. [These opinions are just mine, and while I have them as opinions I would never act on them as a representative of my company, not that I would ever have the chance, and I don't work for Walmart] Over the course of human history, bribery has been the norm. I would dare to say that today, by population, it is…

So, just to understand, would you be against prosecuting pedophiles that go abroad in a country where having underage sex is not a crime to rape children? Over the course of human history it was perfectly normal to have sex with underage people, so it seems a rather fitting comparison.

That becomes a way more interesting hypothetical if you strip away the emotionally charged language.

Let's say a twenty-year-old Californian goes to Canada, meets a 16-year-old, and they have sex. This is (according to wikipedia, don't rely on me for legal advice!) illegal in California and legal in Canada.

Do you think someone should go to jail?

Re: Walmart Pleads Guilty After a Decade of Bribes

#170
post #11

Just a fine of ~280 mil, no jail time for any responsible. If corporations are people, why can't we jail walmart?

Corporations aren't people. You're misrepresenting Citizens United

> Corporations aren't people.

As per a former presidential candidate, they are, my friend.

https://www.nytimes.com/2011/08/12/us/politics/12romney.html

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