Advertise On EU-Digest

Annual Advertising Rates
Showing posts with label Corporate Crime. Show all posts
Showing posts with label Corporate Crime. Show all posts

2/27/16

"The Illusion of Corporate Democracy": Maine Republican Robert A.G. Monks has got it right



Robert A. G. Monks.




At the "ripe" age of age 82, many people who can afford to do so are done working. Not Robert A. G. Monks.

He is still hard at work, trying to change the way corporate America operates.

He was recently interviewed by the Dutch FD (Financial Daily) and his statements were quite revealing as they always are when he is interviewed by journalists.

Like when he was interviewed by the NY Times and said that the American political establishment is now completely in the hands of corporate America. "To compare this corporate control with a dictatorship is absolutely correct", says Monks.

A Boston Brahmin who has been a corporate lawyer, venture capitalist, energy company executive, corporate director and Reagan administration official, Mr. Monks has an elite background that might have made him a consummate corporate insider. Instead, in his latest book, “Citizens DisUnited: Passive Investors, Drone C.E.O.’s and the Corporate Capture of the American Dream,” he has issued what he describes as “a call to arms.”

Mr. Monks has been battling for decades to make corporations more transparent and more democratic. Toward that end, he has founded companies like Institutional Shareholder Services, the Corporate Library and GMI Ratings, which assess the ways companies are governed. He has lobbied institutional investors to influence the behavior of companies in which they invest. He has also met with presidents, several years ago with  President Obama at a reception in Boston where he tried to enlist support for his cause, without much effect so far.

He  has been  pleading for the direct involvement of millions of individual corporate shareholders. “Nothing is going to happen unless you involve yourself,” he said. “Democracy isn’t going to work without involved citizens and corporations won’t work without involved owners.”

A slender 6-foot-6, Mr. Monks is imposing but not intimidating, with a courtly manner that seems at odds with the combative language he uses to describe corporate America.

Big companies have captured the political system in the United States, he says, and chief executives have captured the corporations, ensuring that the nation is effectively run by a handful of top business managers who pursue their own narrow self-interest.

“The most powerful C.E.O.’s have effectively seized authority over a vast range of America’s corporate resources,” he wrote, “and through those resources over the nation itself without assuming any responsibilities of dominion.”

For Mr. Monks, corporate governance centers on several main issues, including executive pay, corporate compatibility with the public interest and management’s responsiveness to shareholders.

He admires people like Ralph V. Whitworth, a founder of the private investment group Relational Investors, who, he says “has set a model for constructive shareholder activism.” Mr. Whitworth’s approach has been to accumulate a stake in a public company, perhaps only 1 percent, and then fight his way onto the board, where he pushes for a change in corporate strategy.

In 1999, Mr. Whitworth became acting chairman of Waste Management, helping it recover from an accounting scandal. A Hewlett-Packard shareholder, he joined its board in 2011 and became interim chairman earlier this year, amid a turnaround effort at the company.

Although ownership in the stock market today appears more widely dispersed than ever, individuals have been exerting less control over companies, Mr. Monks said. For instance, many millions of Americans hold stocks through mutual funds, representing by far the largest ownership block among institutional investors. As a purely legal matter, mutual funds have significant power to influence all aspects of corporate governance. In practice, though, the funds have tended to be hands-off, passive investors.

Mr. Monks thinks that needs to change. “It’s critical that mutual fund investors require the trustees of their accounts to act like stewards of each company they hold in their portfolio,” he said. “Many mutual fund companies are equipped to do this.” Those that aren’t should be responsive when researchers point out cent problems. “When a corporate governance issue comes to light,” he said, “they need to be involved.”

He also contends that others among the nation’s biggest investors — charitable funds and endowments — need to play more active roles. In his book, he argued that if excessive executive pay was to be curbed, it was important that the trustees of the top dozen endowments and charitable funds, accounting for $200 billion in collective assets, actively take a stand. “These are flesh-and-blood individuals who can actually do something,” he said.

Mr. Monks comes from a patrician New England background. With his wife, Millicent — a great-granddaughter of Thomas Carnegie, the younger brother of Andrew Carnegie — they live in Cape Elizabeth, Maine, not far from their son Bobby, author of the book Uninvested: How Wall Street Hijacks Your Money and How to Fight Back. It is from here that he and his son wage their battles against today’s corporate titans.

A self-described education snob, highly attuned to the background and credentials of those he meets, he earned a bachelor’s degree at Harvard, did graduate work at Cambridge in Britain and then returned to Harvard for his law degree.

He sees himself as one of the last of the Rockefeller Republicans, and he served as a co-chairman of Republicans for Obama in Maine during the 2008 presidential election. During that campaign, he entertained Barack Obama at his home.

Mr. Monks even had his own political ambitions. In 1972, 1976 and 1996, he ran unsuccessfully for the United States Senate. During his first race, he said, he had an epiphany that eventually set him on the path of corporate governance reform. While staying at a hotel on the bank of the Penobscot River, he says, he saw a wall of white foam coming down the river. He learned that it came from the paper companies in the area.

After that election, he became chairman of a trust company with paper company holdings. Mr. Monks said he wrote letters urging these companies to improve their environmental practices. The Clean Water Act of 1972 and its various amendments eventually provided the impetus for a significant cleanup of the river.

In some ways, corporations have become more powerful and shareholders have become less involved, he said, yet he is not discouraged.

“I’ve had so little tangible success and yet I’ve never been happier,” he said. “Each one of us needs to ask what we can contribute. I’ve tried to expose the illusion of corporate democracy. It’s a cost to all of

2/19/15

Greece: Syriza declares war at home on Greece's 'oligarchs'

International attention on Greece since the Syriza party took over has focused on the leftist government's fight against austerity.

But Panagiotis Nikoloudis (65), a supreme court prosecutor and specialist on economic crime, is leading another battle declared by Syriza: one on the home front, against some of the wealthy businessmen who dominate Greek political and economic life.

Speaking to parliament last week, Nikoloudis denounced an elite that included a "handful of families who think that the state and public service exists to service their own interests."

"Such businessmen influence politicians and state officials abuse their control of the media to unfairly win state
contracts, change regulations to their advantage or escape prosecution for illegal conduct," he said.

As a non-political outsider with a clean record, Nikoloudis is a popular appointment among Greeks who believe corruption is deeply embedded in society.

He has a reputation for action, and says the financial intelligence unit, which he led until now, developed a system of audits that identified over 20,000 people whose assets do not match their tax declarations.

Read more: Syriza declares war at home on Greece's 'oligarchs' - Independent.ie

2/2/13

Corporate Crime - Pharmaceutical Industry: Europe Says Johnson & Johnson Paid to Delay Generic Fentanyl - by James Kanter and Katie Thomas

European antitrust officials on Thursday accused the drug giants Johnson and Johnson; Johnson and Novartis of colluding to delay the availability of a less expensive generic version of a powerful medication often used to ease severe pain in cancer patients.

The case focuses on monthly payments that a Netherlands-based subsidiary of Johnson & Johnson made to Sandoz, a unit of the Swiss company Novartis. While the companies have said the payments were legitimate, the European Union’s antitrust chief said on Thursday that the money probably changed hands to keep lower-cost versions of the drug, called fentanyl, off the market in the Netherlands. 

European authorities are “determined to fight undue delays in the market entry of generic medicines,” JoaquĆ­n Almunia, the European competition commissioner, said in a statement on Thursday.

Agreements to delay the introduction of generic drugs have come under heightened scrutiny in both Europe and the United States in recent years, with regulators on both sides of the Atlantic concluding that such deals are anticompetitive.

In the United States, the Supreme Court is scheduled to take up the issue in March. Typically, such arrangements are a result of patent disputes between brand-name and generic drug makers, although no such dispute was mentioned in the most recent case involving Johnson and Johnson; Johnson and Novartis.

Read more: Europe Says Johnson & Johnson Paid to Delay Generic Fentanyl - NYTimes.com

5/19/11

Is the Netherlands too soft on corruption?

Don't even think about approaching Dutch companies with a bribe. Corporate corruption just doesn't fit in with Dutch culture. At least, that's what the Dutch like to think.

While US courts have handed down billions of dollars' worth of fines to companies found guilty of corruption and bribery over recent years, similar investigations in the Netherlands rarely get off the ground. But is that because Dutch firms don't do it, or because Dutch justice authorities don't deal with it?

That it does actually happen was demonstrated this week in Poland. Prosecuting authorities there say a German office of the Dutch multinational Philips systematically bribed Polish hospital managers. They are alleged to have purchased Philips equipment in exchange for the money. The Philips branch is said to have set up a special fund to finance the bribes. Philips is not the only Dutch company to have been accused of bribery in recent years. Shell, for instance, was under fire for a long time for making payments to officials in Nigeria.

The Anglo-Dutch multinational got itself out of trouble by agreeing to a settlement with US justice authorities.
Chemical conglomerate AkzoNobel was fined around 4.25 million euros by the US for paying bribes to members of the Iranian government. Less well-known Dutch companies have also been at the receiving end of US fines for bribery.

For more: Is the Netherlands too soft on corruption? | Radio Netherlands Worldwide

9/20/09

USA Today: Cinema - 'The Informant!' uses satire to punctuate a serious topic - by Claudia Puig

For the complete report from USATODAY.com click on this link

'Cinema - The Informant!' uses satire to punctuate a serious topic - by Claudia Puig

People magazine may just strip Matt Damon of his "sexiest man alive" title once they catch sight of the actor in the offbeat film The Informant!.
Portly — Damon packed on 30 pounds for the role — and sporting a ridiculous mustache, dorky wire-framed glasses and an unmoving helmet of hair, he's almost unrecognizable in the role of Mark Whitacre, a corporate whistle-blower who is not what he seems. Damon is superb as a demonically smart guy who comes across as rather dim. The Informant! is an odd, satirical comedy that director Steven Soderbergh has infused with a jaunty tone, in contrast to the serious subject matter. Its story of corporate malfeasance and corruption as well as individual greed couldn't be more timely, given the antics of bailed-out Wall Street companies and powerhouse banks. The dark comedy is based on the real-life much-publicized story of the highest-ranking corporate whistle-blower in American history.