Corporate
crime / THE FACTS

Corporate
criminality comes in all shapes and sizes.
It is seldom punished and then only through fines.
Criminal proceedingsare
rare. NI surveys the terrain.
Illustration: Image Bill Texas / Courtesy Adbusters

Fifty
years ago British researchers Doll and Hill established
the link between tobacco and lung cancer. Smoking is also
tied to heart disease, emphysema and bronchitis. The tobacco
industry’s campaign of disinformation and denial
has suppressed evidence and tried to avoid paying damages
and health care costs for their millions of victims worldwide.
In
1949 several US companies, including General Motors,
Standard Oil of California and Firestone Tire and Rubber,
were convicted of purposely destroying eco-friendly
inner-city rail transit systems in more than 100 US
cities. The companies were each fined $5,000 and one
executive was fined a dollar.1
Since
the 1920s the lead-additive industry has hidden information
about the toxic effects of lead even though less harmful
substitutes were available. Despite the clearly established
danger – particularly to children – leaded
gasoline is still exported to eastern Europe and the
global South. Some 94 per cent of gasoline sold today
in Africa contains lead.2
On
3 December 1984 the gas leak at a Union Carbide agrochemical
plant in Bhopal, central India, caused the death of
8,000 residents and caused permanent and debilitating
injuries to another 150,000 in the surrounding areas.
Major
pharmaceutical companies have refused either to research
or make drugs available for the deadly diseases of
the global South and the poor in general – HIV
in Africa, malaria, river blindness, tuberculosis – because
the poor can’t afford to pay for them.
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Anger
with Union Carbide sweeps India.
Photo:
Gisele Wulfsohn / Panos |
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Between
1992 and 2002 the US Securities and Exchange Commission
turned 609 corporate criminal cases over to the Justice
Department but this resulted in only 87 jail terms.3
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Anti-corruption
campaign poster, Cambodia, 2001.
H Davies / Exile
Images |
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Corporate
criminals actually sentenced to prison receive on average
under 36 months, while first-time non-violent drug
offenders get 64 months.3
The
$1.4 billion in combined penalties to 10 investment
banks arising out of the US stock scandal amounts to
3 per cent of their 2003 earnings – a record
poor year for the industry. Stock analyst Jack Grubman
got a $15 million fine but made $67.5 million between
1999 and 2002.4
Japan’s
worst nuclear accident in 1999 resulted in suspended
sentences for six executives who admitted negligence.
Two workers were killed and residents of Tokaimura
were exposed to radiation from the JCO Co refinery.
The company was fined $8,500.5
The
FBI estimates all robbery in the US costs $3.8 billion
a year compared to between $100 and $400 billion for
healthcare fraud, $40 billion for auto-repair fraud
and $15 billion for securities fraud. The 1980s’ US
Savings and Loan swindle is alone estimated to have
cost up to $500 billion.6
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COMPANY
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OFFENCE
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FINE/SETTLEMENT
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Bayer
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Deliberately
overcharging the US Medicaid
insurance program.
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$250
million (2003) |
Boeing
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Bribery,
fraud, kickbacks, military contract and export law
violations.
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$100 million
(1999-2001)
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Citigroup
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Biggest
loser in the $1.43 billion in fines levied against
the 10 major US brokerage firms for misleading investors
to
get investment banking business.
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$400
million (2003)
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Coca-Cola
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Settlement
of a race-discrimination suit by black employees.
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$192.5
million (2001)
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Credit
Suisse
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High-tech
booster manipulated initial public offerings of stocks
to benefit favoured investors.
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$100 million
(2001)
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Daiwa
Bank
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Awarded
by a Japanese court for losses incurred by rogue trader
Toshi Iguchi.
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$750 million
(2000)
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Hoffmann-Laroche
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Biggest
loser amongst European and Japanese conglomerates caught
price-fixing in the vitamin market.
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$500 million
(1999)
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Royal
Caribbean Cruises
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For routinely
dumping waste oil and hazardous chemicals at sea and
then lying about it.
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$18 million
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TAP
Pharmaceuticals |
For fraudulent
pricing and marketing conduct (kickbacks to doctors)
in relation to its prostate-cancer drug Lupron.
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$875 million
(2001)
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Wal-Mart
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World’s
largest retailer caught forcing employees to work unpaid
overtime.
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$50 million
(2000)
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In
2000 Johnson and Johnson were forced to stop selling
their heartburn drug Propulsid after it was connected
to 80 deaths.3
In
August 2001 Bayer withdrew its highly popular cholesterol
drug Baycol, which was linked to 100 deaths.3
In
the US companies were forced to recall 344 unsafe products
in 2001 alone. These included turkey meat, child car
seats and exercise machines.3
Over
100 people in the US died in accidents linked to Firestone
tire separations that caused their vehicles, mostly
Ford Explorers, to crash.14
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According
to the International Labour Organisation two million workers
die either on the job or of work-related injuries every year.
Cancer is the leading workplace killer with the asbestos industry
alone claiming 100,000 lives annually.
In
the UK over 2000, workers and members of the public have
been killed in work-related accidents between 1997 and 2003 – including
four major train wrecks.
Factory
fires – 10 May 1993 188 workers burn to death at the
Kadar Industrial Toy Company in Bangkok, Thailand.15 25
November 2000 48 workers burn at the Chowdhury Knitwear and
Garments Ltd factory in Shibpur Bengladesh.16 24
May 2002 43 workers die in a blaze at the Shree Jee International
shoe factory in Agra, India.15
Mine
disasters – Over a three-week period in June/July 2002
mine explosions in China killed 115 miners (Jixi Coal Mine,
20 June), 46 miners (Yixingzhai Gold Mine 22 June) and 39
miners (Faqiang Coal Mine, 4 July).17
The
oil giant Esso was officially blamed for a ‘grievous,
tragic and avoidable’ 1998 gas explosion that killed
two workers and injured eight others at its Longford site
in southern Australia. 18
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In
1981 there were a total of three earnings ‘restatements’ by
US corporations. By 2002 there were over 1,000 of these
forced exposures of fraudulently optimistic corporate
results.3
Offshore
(tax avoidance) strategies using tax havens as corporate
addresses cost the US Treasury $70 billion a year.3 Oxfam
estimates a $50-billion loss to developing countries.
Some
153 US energy companies are under investigation for ‘round-tripping’ – booking
income by selling energy to another company who sells
it back at the same price. Round-tripping also makes
the books look better in swaps of excess fibre optic
capacity and internet advertising.19
Since
the deregulation of Indian capital markets in 1992
some 3,500 Indian companies and 250 billion rupees
of investment have disappeared off the Mumbai Stock
Exchange. Fraud is alleged in many of these disappearances.20
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The
Singapore derivatives market – not
for the faint of heart. Chris
Stowers / Panos |
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In
2002 the Canadian engineering firm Acres International
was convicted of bribery to promote a dam project in
Lesotho and fined $2.2 million.11
The
British pharmaceutical giant GlaxoSmithKline is under
investigation in Germany (2002) and Italy (2003) for
bribing doctors to prescribe its drugs with everything
from cash payments to luxury travel and World Cup tickets.12
In
July 2003 Xerox reported certain ‘improper’ payments
totalling $700,000 from their Indian subsidiary to
government officials.
ExxonMobil
and other oil companies are under investigation for
up to $500 million in bribes to the President of Equatorial
Guinea – Teodoro Obiang Nguema Mbasogo.13
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1 ‘The
Street Car Conspiracy’,
New Electric Railway Journal, Autumn 1995.
2 The Nation, 20 March
2002
3 Huffington, Arianna,
Pigs at the Trough, Crown, New York, 2003.
4 National Post, 29 April
2003.
5 World Environment News, Planet Ark, 4 April 2003.
6 www.citizenworks.org.
7 George Draffen, www.endgame.org.
8 www2.exxonmobil.com/Corporate/Newsroom/Newsreleases/xom_nr_061202.asp
9 ‘Hell
on Earth’, Nick Walsh, The Guardian, 18 April
2003.
10 www.archive.greepeace.org
11 www.transparency.org
12 ‘British
drugs giant in Italian bribery investigation’, Sophie Arie,
13 Feb 2003, www.guardianunlimited.com
13 www.theprogressreport.org
14 www.citizenworks.org
15 ICFTU Press
release 8 May 1998 and 29 May 2002.
16 www.global-unions-org 28 November
2000.
17 China Labour Bulletin, July, 2002.
18 www.vthc.org.au
19 Multinational
Monitor, December 2002.
20 On the Net Business News, www.rediff.com,
May 1999
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