Showing posts with label bribery. Show all posts
Showing posts with label bribery. Show all posts

Monday, July 3, 2017

Bribery at Barclays: Can an Unethical Culture Be Changed?

Amid the financial crisis in 2008, Barclays raised $15 billion from Qatar and other investors. The infusion of capital saved the European bank from needing a government bailout. Unfortunately, the bank may not have disclosed the $390 million paid to the Qatari government for “advisory services” as part of the fund-raising, and the $3 billion loan facility that Barclays made available to that government.[1] The bank, along with three of its executives at the time were charged in 2017 with conspiracy to commit fraud by false representation, and providing unlawful financial assistance—in other words, paying a bribe to avoid needing an E.U. or state-level bailout. According to Amanda Staveley, a European financier, Barclays improperly favored the Qataris in the fund-raising. The relationship between the bank and the Qatari government rings of “mutual back-scratching.” Admittedly, any business deal involves both parties benefitting, and in much of the world bribery is de facto necessary cost of doing business. Nevertheless, Barclays may have had an organizational culture similar to that of Wells Fargo in which anything goes in pursuit of profit.

The full essay is at "Essays on the Financial Crisis , available in print and as an ebook at Amazon.





1. Chad Bray, “Former Barclays Executives Appear in Court Over Qatar Deal,” The New York Times, July 3, 2017.

Saturday, August 1, 2015

Political Contributions in the U.S.: Political Bribery Beyond Access

What exactly does a large political contribution do for a contributor? The standard line is that access is “bought.” Being far removed from the Washington “belt-way,” the American people have swallowed the line, admittedly naively. As of 2015, we can look at the proverbial “man behind the curtain” for a much more realistic grasp of the extent to which the American political system is corrupt.

The full essay is at "Political Bribery"

Thursday, February 6, 2014

The 2014 Winter Olympics in Russia: “Where There’s Smoke, There’s Fire”

In the weeks leading us to watch the Olympics, I suspect I was not alone in thinking, “I just don't like what I see here." Why was I resisting paying even scant attention to the pre-Olympics "coverage" (a.k.a. advertising) as NBC, the American broadcast network covering the games, was getting rather publicly revved up on the upcoming media event. In this essay, I briefly survey the external stimuli, leaving the self-analysis to the analyst’s couch.[1]

First, as the American press reported before NBC began promoting the games in earnest (hmm), there is the “whole gay thing” and Putin. I really think that's a non-issue with regard to the Olympics, given the uniqueness of the Olympic Village. I would not be surprised were the Russian police of the mind that “What goes on in Vegas stays in Vegas,” at least as far as vacations are concerned.

Now, the "not fit for primetime viewing" conditions of some of the hotels putting up the foreign press strikes me as more substantive because of the implicit and likely even explicit rudeness does not go down well, even at a distance. Relatedly, I suspect, the sheer amount of money "padded" into the construction projects, including hotel construction, for kick-backs undoubtedly directed to Putin's major political supporters eviscerates any possible excuse in the tardiness.

In fact, associating Putin at all with the Olympics comes off to me like associating liver with dinner; I instinctively spit out immediately any hint of liver-taste. I must admit I am glad the U.S. State Department put out a travel warning for Americans going to the games. I was also amused to read of the low numbers of non-Russians arriving from abroad in Sochi as of the first day of games.[2] Of course, the modern Olympics hinges on the broadcasts around the world, rather than attendance numbers.

 Even though NBC's studio in the Olympic Village is transparent, the network's tactics may be anything but. (Image Source: David Johnson)

Interestingly, as part of its rather obvious devices to remind/manipulate its general viewership to watch the approaching games (including inserting reporters live from Sochi into CNBC's coverage of the financial markets), NBC strategists may actually have been fomenting the security story in order to draw viewers' attention to the fact that the games would soon begin. Stirring up fear and the hope of visual voyeurism of others’ tragedies is a sure bet for news reporting as advertising.  However, overdoing it can be counterproductive if too much of the ploy is visible on the surface as a duplicitous, otherwise stealth agenda. Yearning to turn the subtropical town on the Black Sea into an international resort, Putin could not have been very happy about the coverage, though may have realized the importance of a huge broadcast viewership even for himself, not to mention covering some of the kick-backs.
   
Finally, starting particular events including skating the day before the OPENING ceremony may stand out among the various points of smoke above in being indicative of fire skipping fire lines below. Even though Chris Chase of USA Today concludes “it’s a small price to pay for the overall improvement of the Winter Games,” he admits “it still feels strange to start the Olympics before the Olympics technically start.”[3] In the film, Inglourious Basterds, Lt. Aldo Raine wryly clarifies the matter of something seeming odd (or strange).  “Yeah, we got a word for that in English. It’s called suspicious.” 


In spite of his conclusion (i.e., small price to pay), Chase provides a credible case for suspicion. “Television rules all." he states up front as if it were a natural law. "Adding another day of Olympic competition means adding another day of Olympic telecasts. Thursday is traditionally one of the biggest television nights (along with Sunday). With all the money being paid to cover the games by networks across the world, turning 17 days of Olympic coverage into 18 days is a nice bonus.”[4] Regarding the addition of a program of skating, Chase points to a five day interim within the two weeks without any skating scheduled.

In closing, I must let the philosopher in me have a few words (no philosopher ever has just a few words, so please take a bathroom break if you need to). From sheer logic, to begin something before it has begun is a blatant contradiction. As per his categorical imperative, Kant would call the practice unethical. Were everyone to adopt the maxim, “I will start activities before the start time,” it would not make sense to have a start time for anything. The maxim is thus self-contradictory if it (like reason itself) is universalized.

Hume would point out that Kant relies too much on logic and reason more generally in assessing whether a given practice is ethical. A person reading U.N.’s condemnation of the Vatican in February 2014  for having been more concerned about the reputation of the Church as a whole than children’s welfare—a priority that Rev. Joe Ratzinger, or Benedict XVI, put in a letter while archbishop of Munich—may think through the theological implications of priests covering for each other. However, the sentiment of disapprobation (think of my expression as I spit out odious liver) is likely, excepting sociopaths, to be the principal reaction. Emotive rather than of Reason.

When I read of the sports beginning a day before the opening ceremony, I felt a sentiment of disapprobation well up inside me. Because I had been feeling that something just isn’t right about the upcoming games, especially from an vague intuitive sense of NBC’s manipulative tactics as over-reaching at best, I suspected that the rather odd placement of some events before the ceremony also came from the mentality that wants incessantly to squeeze out a few more drops of lemon juice from lemon that has already shed enough.  The sight of this childish demeanor in action is enough for any non-manipulative person to resist going where the manipulations point.




[1] I have in mind here Nietzsche’s thesis that reasoning is really a person’s instinctual urges tussling for dominance—that which overcomes the others (here as obstacles) reaches the surface of consciousness as an idea. I do think about this point regarding philosophy (and particular philosophical systems) in general and how my own psychological background fuels or is otherwise expressed in the ideas and related theories I “intuit” and “create.”
[2] Associated Press, “Sochi Olympics Still Waiting for Spectators from Abroad,” The Huffington Post, February 6, 2014.
[3] Chris Chase, “Why Do the Winter Olympics Start before the Opening Ceremony?” USA Today, February 6, 2014.
[4] Ibid.

Saturday, July 27, 2013

Obama: Egyptian Coup? What Coup?

In late July 2013, the Obama administration decided that it was not legally required to determine whether the Egyptian military had led a coup in ousting President Morsi. The decision permitted the administration to continue $1.5 billion annually in American aid to Egypt. One senior official said only, “The law does not require us to make a formal determination as to whether a coup took place, and it is not in our national interest to make such a determination. We will not say it was a coup, we will not say it was not a coup, we will just not say,” the official said.”[1] I’m reminded of one of Captain Renault’s famous lines in the film, Casablanca. “I’m shocked, shocked to find that gambling is going on in here!” Coup? What coup? To be sure, the administration had its reasons, strategic of course, yet a bigger picture perspective could be helpful here, considering that an effort to violate at least the spirit of a law is involved here.
 
 
Administration officials said the U.S. Government would continue to use financial aid as a lever to pressure Egypt’s new government to push through a transition to democracy. Yet what cost to the U.S. Government would this intent to manipulate the Egyptian military exact?
 
                                                                                            A Coup or a Book-Signing?
                                                                 Refusing even to decide if this is a coup reflects on the refuser.
 
On July 3, 2013, Egyptian generals deposed President Morsi, put him under arrest, and suspended the constitution. “Under the terms of the Foreign Assistance Act, no aid other than that for democracy promotion can be given to ‘any country whose duly elected head of government is deposed by military coup d’état.’ The law does not allow a presidential waiver, and stipulates that aid cannot be restored until ‘a democratically elected government has taken office.’”[2] Refusing to decide whether a coup took place is essentially refusing to enforce the law, given the events in Egypt on July 3, 2013.
 
 
Fittingly, one of Morsi’s senior advisors, Wael Haddara, accused the administration of “verbal acrobatics,” and asked, “With the entire world calling this a coup, why isn’t the American administration calling it so?”[3] The reference to “verbal acrobatics” is particularly important, for it hints on the discrediting long-term impact on the U.S. Government by its president’s decision to take an easy out. Generally speaking, political convenience can come back to bite even if the pain is not ever felt directly. In other words, the Obama administration sacrificed some of the U.S. Government’s credibility to be able to manipulate another government through money.
 
 
A similar trade-off existed at the time in Europe regarding the matter of Turkey’s possible accession an E.U. state. Turkey would be the largest state by population, and thus would have tremendous influence in the E.U. Government. The added cultural and political diversity to the E.U. could cause it added strain, if not compromise the very viability of the Union. So why would the E.U. admit Turkey when doing so could put the E.U. itself at risk internally? Similar to the Obama administration’s desire to have more influence in the Egyptian military, the European Commission would like to use Turkey as a “way in” to influence Middle East international relations.
 
 
Both cases evince putting one’s own federal government at risk in order to manipulate other governments. At the very least, the strategy of undercutting oneself to extend one’s influence seems counterproductive. That the influence comes well before “the bill comes due” creates the illusion of a costless choice. Looking out for the long-term governing of a union of diverse states, whether in Europe or North America, is easily shirked when the opportunity to pull more levers externally presents itself. A federal government willingly undercutting its own credibility or ability to govern for a short-term advantage is not only short-sighted; it is also indicative of a certain lack of character. The question is perhaps whether that lack of character is societal in nature or merely in ruling elites.
 
See the video made to accompany this essay: http://youtu.be/_1yuvnOq5YE
 

1. Mark Landler, “Aid to Egypt Can Keep Flowing, Despite Overthrow, White House Decides,” The New York Times, July 25, 2013.
2. Ibid.
3. Ibid.

Wednesday, May 30, 2012

India’s Business Environment: Beyond Corruption

In spite of expected growth of 6 or 7 percent for 2012, the economy of India was facing a pessimistic outlook at the time. The underlying cause seems to have been mismanagement by the federal government—in particular, by the ruling Congress Party. In actuality, the problem lies in the Indian business culture, and the society itself. As such, the problem is not so easily fixed as a change of government or policy.


The full essay is in Cases of Unethical Business: A Malignant Mentality of Mendacity, available in print and as an ebook at Amazon.

Sunday, May 27, 2012

U.S. “Foreign Aid” Enabling Pakistani Betrayal

Officials speaking on behalf of Pakistan’s government claimed that Pakistani officials did not know that Osama bin Laden had been living in Pakistan, and yet a Pakistani court sentenced a Pakistani to a 33-year prison sentence for treason in having conspired “to wage war against Pakistan” by aiding the CIA in its hunt for bin Laden.[1] If trying to find him constitutes treason, it follows that the Pakistani government was opposed to the Americans finding him. Meanwhile, that government accepted hundreds of billions of dollars in foreign aid from the U.S. Government.  The reaction of an appropriations committee of the U.S. Senate in 2012 was merely to cut $33 million from $800 million in foreign aid to Pakistan. It would seem that the U.S. Government wanted it both ways—to castigate Pakistan for essentially hiding bin Laden while seeking to retain some influence with the Pakistani government by bribing it with foreign aid.


The full essay is at "U.S. 'Foreign Aid' Enabling Pakistan."


1. Jonathan Weisman, “Senate Panel Holds Up Aid to Pakistan,” The New York Times, May 24, 2012.  


Monday, April 30, 2012

Wal-Mart: Political Contributions as Bribery

In September 2005, “a senior Wal-Mart lawyer received an alarming e-mail from a former executive at the company’s largest foreign subsidiary, Wal-Mart de Mexico. In the e-mail and follow-up conversations, the former executive described how Wal-Mart de Mexico had orchestrated a campaign of bribery to win market dominance. In its rush to build stores, he said, the company had paid bribes to obtain permits in virtually every corner of the country. . . . Wal-Mart dispatched investigators to Mexico City, and within days they unearthed evidence of widespread bribery. They found a paper trail of hundreds of suspect payments totaling more than $24 million. They also found documents showing that Wal-Mart de Mexico’s top executives not only knew about the payments, but had taken steps to conceal them from Wal-Mart’s headquarters in Bentonville, Ark. In a confidential report to his superiors, Wal-Mart’s lead investigator, a former F.B.I. special agent, summed up their initial findings this way: ‘There is reasonable suspicion to believe that Mexican and USA laws have been violated.’”[1]


The full essay is in The full essay is in Cases of Unethical Business: A Malignant Mentality of Mendacity, available in print and as an ebook at Amazon.com.


1. David Barstow, “Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle,” The New York Times, April 21, 2012.

Friday, April 27, 2012

Hollywood Bribes China

The Foreign Corrupt Practices Act, known as F.C.P.A., “forbids American companies from making illegal payments to government officials or others to ease the way for operations in foreign countries.”[1] The practical difficulty facing American companies doing business around the world is that in some cultures bribes are so ubiquitous they are simply a part of doing business.  For American companies to refuse to participate in what is generally expected can be a competitive disadvantage, particularly if substitutes exist and the practice is widespread.


The full essay is in Cases of Unethical Business: A Malignant Mentality of Mendacity, available in print and as an ebook at Amazon.


1. Edward Wyatt, Michael Cieply, and Brooks Barnes, “S.E.C. Asks if Hollywood Paid Bribes in China,” The New York Times, April 25, 2012.