Live data from Hacker News

Former Netflix executive convicted of receiving bribes from contractors

justice.gov

361–370 of 413 posts

Re: Former Netflix executive convicted of receiving bribes from contractors

#361

Earlier quoted context omitted.

M&A stupidity is not the same as fraud though. M&A is hard. It's not unreasonable for execs to tell the team not to do X because they're buying it, and then to screw it up. It's also normal for companies to want to buy via a dealer because they don't want to deal with your little startups legal issues, compliance, regulatory, billing. They just want to deal with small tier of vendors. In fact, that's kind of a startu…

I'm privy to more details than I am giving out. I've been in SV for over 15 years and I have seen a lot in that time. I'm aware of what is normal. There is normal purchasing intermediaries and then there are purpose built bribe vehicles. We're not talking 10% it's more like 100% to 1000%.

Yes, I'm not denying it's common, just that it doesn't have to be that.

That so many M&A deals are so blatantly shady it completely shocks me that CEOs/Boards/Shareholders aren't more vigilant about it.

In your view, are the the most respected firms more or less immune from that, (maybe because they do really well and don't need to), or are they the worst offenders? Or is there a differentiation for simple favours for favours i.e. VC ABC wants to find a home for a project and it actually does make some sense that company XYZ would want to buy it, the deal is done and that's that. Maybe the M&A lead at XYZ later does get a nice job somewhere, but is it really that sweet of a deal to the point wherein it constitutes fraud? Is the M&A guy really getting a simple consulting job that pays 'many millions'? Or is it in XYZ's best interest to have a good relationship with the VC firm and to buy the semi crap companies so they get access to the good one's as well? And what percentage of M&A deals would you say follow this angle?

Re: Former Netflix executive convicted of receiving bribes from contractors

#362

Earlier quoted context omitted.

That's more of what I'm looking to substantiate...thank you.

There is also the role of the VCs who facilitate much of this. They use VPs in big companies to offload crappy purpose built startups for huge profits then get their friends to offer the VP sweetheart deals and or future employment. AFAIK the arms-length / chinese walls keep it legal in appearance. Basically any big tech company with lots of money and terrible management is prone to this.

This is also common in government contracting.

When you say "offload" crappy startups, do you mean getting the company acquired by that company or purchase the startups products?

Re: Former Netflix executive convicted of receiving bribes from contractors

#363

Hey, I'm the author of the article -- just wanted to point out that what made this story interesting to me is the implication that this kind of conduct could be very widespread. Prosecutors definitely hinted at that. If anyone knows of any similar stories, I'd be very interested in hearing them. christie.smythe@businessofbusiness.com

If you are aware of such stories I'd caution against sharing the details with people online without first ascertaining your own legal position before passing this information on.

[deleted]

Re: Former Netflix executive convicted of receiving bribes from contractors

#364

Hey, I'm the author of the article -- just wanted to point out that what made this story interesting to me is the implication that this kind of conduct could be very widespread. Prosecutors definitely hinted at that. If anyone knows of any similar stories, I'd be very interested in hearing them. christie.smythe@businessofbusiness.com

Doesn't this sort of thing happen in government all the time?

All the time. Michael Kratsios, former Federal CTO, and prior close associate of Peter Thiel gives a contract to a Thiel portfolio company (Scale) for $92M while he's Federal CTO and also undersecretary of the DoD with a fairly opaque budget and procurement (something called a "broad agency announcement"). He retires as Federal CTO and surprise, he's now an executive at Scale. This is all in the open not even subject to innuendo or implication.

Re: Former Netflix executive convicted of receiving bribes from contractors

#365
This article is a bit old (back in May), I'm curious what the latest is.

One thing I find extremely strange is that, I looked this guy up online, and his Twitter feed is just so, well, "tech mundane". He seems to tweet nearly daily, e.g. yesterday he tweeted "Love the new Macbook Pro features/options, but to armchair #cloud, I'd limit the local storage option and improve the performance/availablity/resiliency of #iCloud" (which to be honest seems like a rather dumb tweet to me but that's besides the point).

I mean, I don't expect the dude to go into hiding or anything, and to each their own, but if I were facing significant prison time, and I knew I was a pretty big story in the tech world because I was guilty of serious corruption, the last thing I would be doing is making random tech tweets.

Re: Former Netflix executive convicted of receiving bribes from contractors

#366

This is so common it’s hard not to do. Not doing it definitely stunted my startup but it’s a lifestyle company and I don’t mind building slower. Edit: I should add that while I was working at a FAANG (before doing a startup) the team I was on would constantly be blocked from building X only for a VP to buy a company that said they did X but didn’t. Because we still needed X we would buy a new company each year. We co…

To clarify on Edit #2, are you saying that you're selling to the customer through a reseller, and you suspect that the reseller is actually an executive at the company who is skimming margin by purchasing from you at a list price and marking it up to the end customer?

The levels of deceit and lying are so thick.

Re: Former Netflix executive convicted of receiving bribes from contractors

#367

The weird aspect of the whole thing is that if the exec were a corporation, it would have been legal.

This was exactly what I was thinking. Shouldn't the real point to this be we need to make this illegal across the board. It doesn't seem like it would have suddenly made more sense if Netflix got the kickback.

How would Netflix get a kickback paid from money from Netflix?

Re: Former Netflix executive convicted of receiving bribes from contractors

#369
post #43

The DOJ press release is clearer than this article is: https://www.justice.gov/usao-ndca/pr/former-netflix-executiv... Some fun details: Kail did his criming through a shell LLC he set up called "Unix Mercenary". He took between 10-15% of the total billings for each of the companies he hooked up with this scheme. None of those companies were charged (more's the pity). They got him on mail fraud, wire fraud, honest se…

It’s incredible to me that the one being bribed gets a conviction but the corporation doing the bribing gets absolutely no punishment, other than people reading on here knowing Sumo and Netskope have questionable business practices and we’re willing to wire a percentage of netflix’s fees to a shell Corp. Or maybe he was just that good about hiding it, IE only soliciting via the business entity which then took a “comm…

Depends if the startups were the ones complicit in establishing the fraud or victims of a kickback shakedown. I can see it both ways.

Re: Former Netflix executive convicted of receiving bribes from contractors

#370
post #38

Earlier quoted context omitted.

Doesn't this sort of thing happen in government all the time?

Maybe, but if they are caught they can go to jail too. Several hundred[1] government employees are prosecuted for corruption each year. [1]( https://trac.syr.edu/tracreports/crim/646/ )

They only go to jail if the kickbacks are obvious. Most of the time it's promises of future employment or employment of federal worker's kids, spouses, family members, or the retaining of a firm they hold an interest in. There's so many ways around the direct illegal approaches.
Post reply on HN