321–330 of 1001 posts
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.
Earlier quoted context omitted.
Your company trained you to pay bribes? That sounds...unusual, and not at all lawful (according to US law, if you are based in the US).
You are spreading misinformation here. In many countries everyone has to pay a facilitation fee (aka bribe) for routine govt actions. These are for things like: obtaining permits, licenses, or other official documents to qualify a person to do business in a foreign country; processing governmental papers, such as visas and work orders; providing police protection, mail pickup and delivery, or scheduling inspections a…
But also, it seems like it's a bit of a grey area:
"As a general principle of the Foreign Corrupt Practises Act (FCPA), in the United States, firms and businesses in the US are prohibited from making any payments to foreign officials for routine governmental action. However, any payment that does not effect the decision of the foreign official is not considered a bribe. For example, a businessman in the States may make a payment to a government official to expedite a deal or transaction. Such a payment is considered a grease payment (and not a bribe), which is lawful under FCPA.
In this regard, it becomes necessary to understand when an amount paid turns from a grease payment to a bribe, which is illegal under law. This is a grey area under the law which is still to be clarified. There are numerous factors that could play a role in demarcation between the two, which include: the amount of payment, the frequency of the payment, the status/level of the foreign official to whom the payment has been made, the outcome of the case regarding which the payment was made, etc."[1]
The training at my company is pretty strict about never making any "grease payments", so certainly there's some doubt.
1. https://en.wikipedia.org/wiki/Foreign_Corrupt_Practices_Act#...
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.
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
It will take one person dying because of this policy for apple to be sued to hell and back.
Earlier quoted context omitted.
Those who pay bribes for non-essential special treatment are as much criminals as those who ask for bribes. This guy has serious resources at his disposal and is allegedly willing to pay bribes. One must wonder if he has paid any others. I have little sympathy.
I don't really have sympathy, but I think as much criminals is a bit too strong. I am also wondering if this is essential equipment for the security team.
Earlier quoted context omitted.
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.
"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.
Earlier quoted context omitted.
What is unconstitutional about prosecuting people of crimes that they commit by bribing officials? I’m not following your logic.
He's referring to the Right to Keep and Bear arms only being recognized in those who can afford to bribe the local Sheriff. California's gun laws are pretty blatantly unconstitutional, even without the bribery.
Earlier quoted context omitted.
That's probably one of the craziest things I've heard. Never commit a crime to look a certain way because it won't look that way tomorrow. The police could be trapping you. If not they now have dirt on you. How in the world can you explain that to a judge if it came to that?
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.
I used to work for a company with a similar policy and training. "Airport tax" was how it was expensed, even if you weren't flying.
Earlier quoted context omitted.
But shall-issue permits are only common in the first place because states were allowed to independently try it out. Up until the mid-90s, almost all states were either may-issue or no-issue.
Do you have a source for that? Gun laws have only gotten more strict in recent years, not less strict.
Earlier quoted context omitted.
There's a difference between a bribe to win a contract or similar vs. the case where you feel in danger - e.g. you come across a roadblock in rural Mexico and an armed official wants a "clear up your paperwork" payoff to let you pass. That's the scenario the training covers.
Exactly, and it's clearly permitted to pay in that case because being able to travel involves routine govt action. I have no idea where this legal advice is coming from.
From the usual IANAL crowd: "I saw it on the internet, so it must be true."
And if you're an actual lawyer, internet rules dictate that anything you know is trumped by a Wikipedia link.