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Corporation Watch

Shining a Spotlight on Corporate Pathology

Welcome to the Corporation Watch blog, a compendium of articles from the mainstream and alternative media related to the power and influence, crimes and abuses, and culture and pathology of corporations around the world. CW also includes articles on the foibles of orthodox economics, and the nexus between economic dogma, government policy, and corporate sociopathy.

To comment on or suggest articles for Corporation Watch, select the "Corporation Watch" category on the drop-down menu on our Contact page.

FCC 'shocked, shocked' that AT&T lied about merger with T-Mobile

A draft report released by the Federal Communications Commission (FCC) on Nov. 29 found that AT&T's proposed merger with German-owned cellphone carrier T-Mobile would not be in the public interest because it would substantially reduce competition among the four top mobile phone providers and raise prices for consumers.

This followed similar findings from the U.S. Department of Justice, as well as public opposition to the deal from senior members of Congress, and was not a surprise. The real “news” in the report was the FCC's finding that AT&T had publicly lied about the benefits of its proposed merger with T-Mobile — telling the public, media, and federal regulators that the deal was necessary to modernize its wireless phone network and would lower prices and create more jobs*, while its internal documents showed that its public claims were untrue.

The real meaning of 'Corporate America'

The Artful Dodger: GE picks the public's pocket in a Dickensian economic system

A March 24 NY Times article headlined "GE’s Strategies Let It Avoid Taxes Altogether" described how General Electric, the nation’s largest corporation, reported $14.2 billion in 2010 global profits, including $5.1 billion from its operations in the United States, yet not only paid absolutely zero U.S. taxes, but actually claimed a tax benefit of $3.2 billion.

Reporter David Kocieniewski notes that "low taxes are nothing new for GE", and are the result of "an aggressive strategy that mixes fierce lobbying for tax breaks with innovative accounting that enables it to concentrate its profits off-shore. GE’s giant tax department, led by a bow-tied former Treasury official named John Samuels, is often referred to as the world’s best tax law firm".

According to Kocieniewski, nearly a thousand GE employees spend at least half their time exploiting an already porous tax code that allows corporations to avoid paying taxes on income from certain kinds of financial operations abroad, and then use tax credits, write-offs, and depreciation from those activities to off-set taxes on domestic profits.

"But critics say the use of so many shelters amounts to corporate welfare", the article says, and that "the assertive tax avoidance of multinationals like GE not only shortchanges the Treasury, but also harms the economy by discouraging investment and hiring in the United States".

The personal is political: Bipolar court says Jekyll-and-Hyde corporations are persons — except when they're not

On March 1, 2011, the Supreme Court issued a unanimous ruling in the case known as Federal Communications Commission v AT&T, finding that corporations cannot assert personal privacy rights, at least insofar as Freedom of Information Act (FOIA) requests for government documents relating to corporate actions are concerned.

The case stems from a FOIA request by AT&T's competitors for documents the had FCC compiled during a 2004 investigation into claims that the recombinant communications behemoth had over-charged schools and libraries for their access to and use of the Internet.

Despite a series of legal findings against it in recent years, and unlike an actual human repeat offender, AT&T were as usual allowed to buy their way out of what amounted to a charge of defrauding the government — which any real human recidivist would likely have been convicted of and gone to jail for — by paying a mere $500,000 fine to settle the case without admitting any wrong-doing.

"Live" cartoon on the roots of the financial crisis

CUNY professor David Harvey gave a presentation in April 2010 to the Royal Society for the Encouragement of Arts, Manufactures, and Commerce (only in Britain could they name something that, right?) called "The Crises of Capitalism", which the RSA then had animated. The result is sort of a "live" cartoon in which Harvey's words are both literally and figuratively animated as he speaks:

In the video, Harvey says that "any sensible person would join an anti-capitalist organization" (like CounterCorp!) and that those who are "seriously involved in the world have a duty to change our mode of thinking", which isn't exactly a radical notion — except maybe in 21st century America, where the corporate, political, and even academic establishment still respond to any deviation from economic orthodoxy with an intolerance bordering on the Catholic Church's inquisition of Galileo almost exactly 400 years ago.

And for those who think the U.S. doesn't suffer from that kind of rigid institutional control of publicly acceptable thought, just try to imagine this cartoon being set to music and shown to children on Schoolhouse Rock ...

 

How about a holiday from corporate extortion?

Fortune features a Feb. 16 article by Tory Newmyer about how large multi-national tech, pharmaceutical, and energy corporations such as Oracle, Cisco, Apple, Duke Energy, and Pfizer are lobbying vociferously for a one-year so-called "tax holiday" that would allow them to bring roughly $1 trillion in profits from their overseas operations back to the United States at a 5 percent tax rate instead of the "official" rate of 35 percent.

There are so many things wrong with this proposal — and the underlying issues — that it's hard to decide where to begin. But let's start by considering the mafia-like extortion by which these corporations are refusing to bring money back to the U.S., unless they pay only a token amount of tax on it (i.e., "Do what we say or you'll never see your money again"). Or the fact that President Obama's proposed budget contains a structural deficit estimated at roughly $1.5 trillion, and taxing that overseas corporate stash at 35 percent would instantly cut that deficit by $350 billion.

Ma Bell is more like Ma Barker

An iPhone owner who claims AT&T billed him for data usage that was impossible because he'd disabled all data services on his phone has filed a class-action lawsuit in federal court in California, seeking to include all iPhone and iPad users who were similarly defrauded by AT&T's "rigged" billing system.

Plaintiff Patrick Hendricks claimed in the suit that "AT&T's bills systematically overstate the amount of data used on each data transaction involving an iPhone or iPad account," and charged customers for data transactions even if they didn't use the device, Courthouse News Service (CNS) reported on Jan. 31.

Hendricks' lawyers described AT&T's billing system as "a rigged gas pump that charges for a full gallon when it pumps only nine-tenths of a gallon into your car's tank."

When CEOs attack

Health insurers race to gouge people while they still can

Out here on the pseudo-progressive Left Coast, major private California insurance company Blue Shield announced that healthcare premium hikes of as much as 59% are scheduled to take effect on March 1. A company spokesman told CNN that the gouge increases had "almost nothing to do with the federal health reform law" [emphasis added].

Unfortunately, as CNN noted, "[t]he federal government does not have the authority to review and strike down unreasonable rate increase requests. Historically, that authority lies with individual states. But some states don't have any rate review process at all, and insurers can hike rates as much as they want."

It's 'Groundhog Day' in America

The 1993 movie Groundhog Day is the perfect metaphor for so much of what happens in the U.S. — including (or maybe especially) anything having to do with finance or corporate crime and corruption. Bill Murray plays a Pittsburgh weatherman who's forced to cover a saccharine annual event in rural Pennsylvania. The assignment is his idea of hell, and he tries desperately to get it over with as quickly as possible so he and his two-person crew can get out of town and back to the "big" city.

But the weather — and fate — intervene, and Murray's character is forced to re-live that same day over and over again until, after exhausting every duplicitous and underhanded strategy for exploiting the situation to his own advantage, he is finally able to restore the normal timeline only by abandoning his cynical and self-serving attempts to "game" a system he knows all too well (by dint of its repetition) and fundamentally altering his entire approach to life and his relationships with the people in it.

Well, anyone who's lived through one of the recent boom-bubble-corruption-crime-bust-bailout cycles that have gradually supplanted the actual economy in the U.S. must be hearing the strains of the 1965 Sonny and Cher hit I've Got You Babe*, because it should be clear to everyone by now that Wall Street is perfectly happy with the lucrative predicament it's in, and has no interest in fundamentally changing anything — and that the government's pathetic pantomime of financial reform doesn't even begin to approach the level of systemic change needed to break us out of yet another econo-temporal loop.

Who elected corporations?

Supremes agree to hear class-action case against WalMart

Daily Finance (and many other publications) reported Dec. 6 that the Supreme Court agreed to hear an appeal by retailing behemoth Wal-Mart over whether 1.5 million of its female employees, who accuse the company of paying lower wages and denying promotions compared to their male counterparts, can sue as a single class.

As DF writer Abigail Field notes, "even if the women lose, they could in theory start over, seeking to sue as a different kind of class. Or each employee could [still] sue individually. However, given that nine years and many millions of dollars have been spent bringing the case this far, it's hard to see [them] starting from scratch."

Wikileaks planning to spill the beans on major U.S. bank (UPDATED x2)

Forbes magazine reported Nov. 29 that Wikileaks, the non-profit transparency collective responsible for releasing classified U.S. government documents on the Iraq and Afghanistan occupations — as well as the more recent U.S. diplomatic cables that have revealed behind-the-scenes international political machinations, embarrassing governments around the world — will turn its focus to corporate skullduggery in 2011.

In an interview with Wikileaks founder and director Julian Assange, Forbes quoted Assange as saying that his organization still has millions of documents it has yet to reveal, and that roughly half of them come from inside corporations — including pharmaceutical companies, finance companies, and energy firms, among other industries.

Corporations bribe foreign politicians, too

Daily Finance reported Nov. 26 that the U.S. Justice Department has increased enforcement of the Foreign Corrupt Practices Act (FCPA), which prohibits American companies from bribing foreign officials. Quoting the FCPA blog, it noted that in 2004, "two individuals were charged under the FCPA, and criminal fines collected that year were around $11 million. In 2009 and 2010, over 50 individuals have been charged, 35 await trial, and nearly $2 billion in fines have been collected."

Perhaps one way the government could reduce the national budget deficit would be to actually enforce the laws against corporate malfeasance, and in addition to sending corporate executives to prison — a punishment (and simultaneous deterrent to further crime) that is sorely lacking — collect large (not slap-on-the-wrist, cost-of-doing-business) fines that would eat into shareholders' take and make corporate crime a money-losing venture.

Erin Brockovich, call your office: PG&E still at it 15 years later [UPDATED]

The San Francisco Chronicle reported on Nov. 20 that corporate serial killer Pacific Gas & Electric (PG&E), whose poisoning of groundwater in the farming community of Hinkley, Calif. (some 100 miles northeast of L.A.) and subsequent effort to cover it up was the basis for the hit anti-corporate film Erin Brockovich, is downplaying evidence that the problem has moved beyond the affected area in the original lawsuits that Brockovich and her firm brought on behalf of the town's cancer-ridden residents.

Brockovich, who at the time was an untrained legal clerk, discovered and pursued evidence that PG&E knew for 30 years that a toxic metal called hexavalent chromium (also known as chromium-6) from one of its plants had been seeping into the town's water sources, leading to the largest toxic tort injury settlement in U.S. history: $333 million for more than 600 Hinkley residents.

SF puts children's health above ever-higher corporate profits [UPDATED]

In response to an alarming increase in childhood obesity and diabetes, San Francisco's Board of Surpervisors over-rode a veto by the city's outgoing mayor to enact a new ordinance that prohibits fast-food restaurants to include toys with meals that do not meet basic nutritional standards, CNN reported.

"The use of free toys, often tied to characters or themes in new movies, panders to kids to get them to buy meals high in fat and calories," CNN cited the measure's supporters as saying. Not surprisingly, the fast-food industry tried to prevent the measure from being passed — claiming that all of its meals are healthy, that selling meals with toys in them does not pander to children(!), and that parents didn't support the ordinance (presumably because they actually enjoy being badgered by their kids to buy them unhealthy food for the toys).

Feds investigating "culture of pervasive insider trading" on Wall Street

A Nov. 20 Wall Street Journal article reported that the FBI and SEC are investigating widespread insider trading on Wall Street, involving a variety of schemes in which non-public information about forthcoming mergers and other corporate activity was disseminated to hedgefund managers and other professional investors in advance, allowing them to essentially place no-lose bets on things they knew were going to happen.

A few things stand out about the investigation:

  1. Goldman Sachs is involved in certain aspects of it. (Now there's a tremendous surprise.)
  2. The healthcare industry figures prominently. (See parentheses above.)
  3. This quote from the U.S. Attorney in Manhattan: "Illegal insider trading is rampant [on Wall Street], and may even be on the rise."
  4. It's been going on for at least three years, which means that the conduct under scrutiny was happening well before the current financial crisis. That in turn implies that, even while the greatest rip-off in world financial history was going on in plain sight, some of Wall Street's finest corporate citizens weren't satisfied making millions of dollars through the fixed-casino game of over-leveraged securities, and instead chose to essentially "tunnel into the vault while the bank was closed" to steal even more money.

What the frack?! Pittsburgh bans gas drilling, corporate impunity

Yes! magazine reports that Pittsburgh, Penn., has passed an ordinance that bans the practice known as "hydraulic fracturing" — or, colloquially, "fracking" — in which water, sand, and toxic chemicals are forced into underground shale fissures under great pressure in order to recover deposits of natural gas that are held within the rock.

The practice results in the pollution of the underground water table, as well as nearby rivers and streams in the areas where the drilling takes place, while releasing cancerous benzene and uranium that had been sequestered in the shale. Fracking has become wide-spread in areas of the northeastern U.S., ranging from New York and Pennsylvania to Ohio and West Virginia, as well as broad swathes of central Canada.

German bank used "neuro-marketing" to profile, up-sell its customers

Northern German Radio (NDR) reported in April that Germany's largest savings bank, Hamburg-based HaSpa, had been using psychological profiling software since 2007 to divide their clients into different classifications, in order to help its salespeople sell them more "products", such as insurance or stocks.

HaSpa said its use of the software, called Sensus, was actually in the "best interests" of its customers, because it allowed the bank to tailor its sales pitches to their individual needs. But in response to the uproar that resulted when its profile-driven sales tactics were revealed to the public, HaSpa said it had discontinued the practice.

Googs admits it snooped more data than first claimed

Google finally admitted in a blog post on Friday afternoon — always the preferred time for governments and companies to release bad or embarrassing news — that it's roving "Street View" vehicles (which are gradually photographing the world for the company's Maps service) also grabbed e-mails, website addresses, and even passwords from wireless network in homes and businesses they passed in the process.

The disclosure comes a few days after the Canadian government's privacy office accused Google of violating the rights of thousands of its citizens, according to an Oct. 22 article on Reuters news service. Similar offices in France, Germany, the Netherlands, New Zealand, Spain, and other countries — as well as a coalition of more than 30 state attorneys general in the U.S. — opened investigations into the matter when it was first revealed several months ago.

For Big Biz bucks, U.S. Chamber is political attack dog

An Oct. 21 New York Times article entitled "Top Corporations Aid U.S. Chamber of Commerce Campaign" reveals that a small number of large corporations are bankrolling one of the largest non-party election campaigns in U.S. history, being conducted by the U.S. Chamber of Commerce. The article describes a relatively small coterie of major U.S. corporations who supported the Chamber with donations averaging more than $1.5 million in 2008 — undoubtedly much higher this year, due to the elections — and how it in turn carried water for their specific issues, rather than (as it claims) representing the interests of what it says are 300,000 members and 3 million businesses.

Big Pharma likes rent-a-docs who know how to be bad

An Oct. 18 article entitled Docs on Pharma Payroll Have Blemished Records, Limited Credentials on the investigative journalism site ProPublica describes how the leading pharmaceutical companies seem to have a penchant for paying huge sums of money to doctors with questionable professional histories to peddle their drugs.

"Drug companies say they hire the most-respected doctors in their fields for the critical task of teaching about the benefits and risks of their drugs," the article says. "But an investigation by ProPublica uncovered hundreds of doctors on [drug] company payrolls who had been accused of professional misconduct, were disciplined by state boards, or lacked credentials as researchers or specialists." Some had even lost their medical licenses.

Bribery, Inc.

Daily Finance has an article on the 10 biggest corporate campaign contributors from 1989-2010, which collectively gave over $260 million to thwart regulation and get lucrative government contracts and tax breaks, while at the same time decrying government intervention in the economy and touting the free market.

The list is a Who's Who of the usual suspects, ranging from defense contractors and Wall Street banks to cable and tobacco companies. The only surprises were that United Parcel Service (UPS) was in the top five, and that AT&T was by far the biggest contributor. Looks like Ma Bell never really went away ...


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