Chickens Being Grilled
Don’t you love how corporations want to be accorded the same rights as people in some areas, but not others? Able to donate unlimited cash to lobbyists and their politician lackeys, yet able to wantonly break the law without consequence. Sort of a rigged system, isn’t it?
For instance, Tyson Foods:
The issue of the payments resurfaced in November 2006, and this time, Tyson did what it should have done two years earlier: it retained an outside law firm, Kirkland & Ellis, conducted an internal investigation and, under a government program intended to encourage voluntary disclosure of white-collar crime, turned the results over to the Justice Department and the Securities and Exchange Commission. The government’s investigation ended this February, when Tyson was charged with conspiracy and violating the Foreign Corrupt Practices Act. Tyson agreed to resolve the charges with a deferred prosecution agreement in which it “admits, accepts and acknowledges” the government’s statement of facts, and paid a $4 million criminal penalty. The company paid an additional $1.2 million and settled related S.E.C. charges that it maintained false books and records and lacked the controls to prevent payments to phantom employees and government officials.
But what about those at Tyson responsible for the bribery scheme?
Corporations may have assets and liabilities, but they don’t commit crimes — their officers, executives and employees do. And the 23-page letter agreement between Tyson and the Department of Justice, the criminal information, and the S.E.C.’s public statement of facts all withheld names, identifying the participants only as “senior executive,” “VP International,” “VP Audit” and so on.
It would seem self-evident that if Tyson engaged in a conspiracy and violated the Foreign Corrupt Practices Act, then someone at Tyson did so as well. The statute specifically provides for fines of up to $5 million and a prison term of up to 20 years for individuals, as well as fines of up to $25 million for companies.
I assumed the names were withheld because the investigation was continuing and further charges might be forthcoming. I was wrong.
When I called this week, press officers for both the Justice Department and S.E.C. said the investigation was over and no one would be named or charged. This seems to reflect the belief that the deferred prosecution agreement, penalty and S.E.C. settlement largely achieved the government’s objectives, which were to stop the illegal conduct at Tyson and deter future instances. The decision not to pursue cases against individuals seems also to reflect budgetary constraints at both agencies (cases involving foreign witnesses can be especially costly) and, for the Justice Department, the burden in a criminal case of proving guilt beyond a reasonable doubt. But surely bribery, not to mention other forms of corporate wrongdoing, would be more effectively deterred if someone was actually held accountable for it.
(click here to continue reading Tyson Foods Agrees It Made Illegal Payments, but No One Was Charged – NYTimes.com.)
I think Tyson shouldn’t be able to evade penalty for their crimes, no matter what their and the SEC’s excuse.