Earlier quoted context omitted.
My first thought was that "the system" is broken. It's too big and complicated. It's inhumane. And it's not just corporate tax law. Health care is a dumpster fire. Lots of overly complicated modern bureaucracies. We're not as smart as we think we are.
>We're not as smart as we think we are. We are, that's the problem. We find loopholes, we find edge cases, we bend rules to our benefit. Thus the bureaucracy must become ever more complicated to deal with our cleverness.
Why I did not go to jail (2014)
81–90 of 151 posts
Re: Why I did not go to jail (2014)
#82Wow. I left a company a few years ago that was doing this. It caused money to rain down on the employees that participated (I was one of them) but it sounded like something that was completely up to the company to do if they wanted, and certainly not illegal. We had to undergo repeated lectures and training on insider trading. I do have to admit that employees were buying because it was low and they knew that certain…
The company reports compensation expenses incurred via ESPP upfront.
Re: Why I did not go to jail (2014)
#83Earlier quoted context omitted.
So lying about the date, and not reporting properly was the problem not the price in and of itself. That makes much more sense.
No. The date is correct (they were issued at the end of the month), but the price chosen is the best price for the grantee. This is roughly theft from the other stockholders.
Re: Why I did not go to jail (2014)
#84This is one of the more important bits to be periodically reposted on HN. Compliance with the law is not 'optional', and if you cross that line there is a fair chance that it will come back to bite you. Regulated industries, stock transactions (and options, as in this bit of startup history) all have their peculiarities and you need to realize that not all of these end up with the proverbial slap on the wrist if you…
I agree with all of that, but there's also the idea that once the government decides you're guilty, they will find something. There's so many laws, and they are so complex, that's it's not hard for them to do so. So I'd add a little more to your advice to resign if asked to do something illegal. If your company, or industry, seems to be the new whipping post for some Federal agency, consider a new place. Assuming you…
Re: Why I did not go to jail (2014)
#85Earlier quoted context omitted.
ya, curious why this has to be submitted over and over
I like it. I'd love to see something about ethics, too. I feel there is a need for more ethical behavior, in today's corporate world. I have a fairly basic ethical litmus test: "If I feel like I can 'get away with it,' it's wrong." Doesn't matter, whether or not it's legal . Wrong is wrong. One of the most valuable assets in my life, is my personal sense of Integrity and Honor. It has nothing at all to do with whethe…
Re: Why I did not go to jail (2014)
#86Earlier quoted context omitted.
I like it. I'd love to see something about ethics, too. I feel there is a need for more ethical behavior, in today's corporate world. I have a fairly basic ethical litmus test: "If I feel like I can 'get away with it,' it's wrong." Doesn't matter, whether or not it's legal . Wrong is wrong. One of the most valuable assets in my life, is my personal sense of Integrity and Honor. It has nothing at all to do with whethe…
What if you think it's right and you think you can get away with it?
Re: Why I did not go to jail (2014)
#87Earlier quoted context omitted.
Wait till you hear how our criminal justice system treats poor people.
It seems terrible for everyone. Poor people get stuck with false accusations by the police, no bail, and public defenders who are either incompetent or overworked. Rich people (or middle class founders who dream of getting rich) get to deal with incomprehensible tax and accounting laws where no one can ever really be sure that they're compliant. Ben Horowitz had the luck to receive good legal advice and the wisdom to…
Re: Why I did not go to jail (2014)
#88Earlier quoted context omitted.
99.99%+ of people are not willing to take that 2 minutes though
And it also prevents this article from showing up in google searches for the actual name.
Re: Why I did not go to jail (2014)
#89Earlier quoted context omitted.
Wait till you hear how our criminal justice system treats poor people.
It seems terrible for everyone. Poor people get stuck with false accusations by the police, no bail, and public defenders who are either incompetent or overworked. Rich people (or middle class founders who dream of getting rich) get to deal with incomprehensible tax and accounting laws where no one can ever really be sure that they're compliant. Ben Horowitz had the luck to receive good legal advice and the wisdom to…
Re: Why I did not go to jail (2014)
#90Earlier quoted context omitted.
"Ignorance of the law is no excuse" is not a just principle when the laws are so numerous and incomprehensible that everyone is always ignorant of the law. Plenty of people just end up getting bad legal advice, even when they thought they were paying top dollar for a good quality law firm.
In some jurisdictions (I can only speak for Germany with some authority) if you've made a serious effort to get legal advice on a complicated topic and the legal advice was wrong this will (probably) mean that you're not guilty of a crime caused by the bad legal advice. Civil liability is a different topic obviously. (But the "probably" is there for a reason: it really does depend on the specific topic at hand and wh…