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HP Skates Away From SEC Charges

theodp writes "The SEC has dropping charges against HP, in return for some small concessions. The company was originally charged with improperly depriving investors of important information, violating the public reporting requirements of the Securities Exchange Act, and failing to disclose the full impact of an out-of-control press leak investigation. In return for the dropped charges, the computer maker simply agreed to cease and desist from doing similar acts in the future, without admitting or denying having done so in the past. 'HP acted in what it believed to be a proper manner,' said the company in a press release."

18 of 80 comments (clear)

  1. Thems with the deepest pocketses winses! by Chas · · Score: 2, Informative

    Yes my precious!

    *** Beware. Disgust vent system engaged. ***

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    THANK GOD!!!
  2. yep by mastershake_phd · · Score: 3, Insightful

    Step 1: Become a Corporation. Step 2: Commit a crime. Step 3: Profit! Step 4: Dont go to jail. and maybe.. Step 5: Write a book about it. Step 6: Profit!

  3. Disgusting... by packetmon · · Score: 4, Interesting

    You know, it's disgusting how this country has become for a dollar....

    Phillips, TRW, and Koch have more in common than a history of repeatedly violating workplace and environmental laws. They also rank among the nation's largest government contractors. Between 1995 and 2000, the three corporations received a combined total of $10.4 billion in federal business-at the same time that regulatory agencies and federal courts were citing the companies for jeopardizing the safety of their employees, polluting the nation's air and water, and even defrauding the government.

    That's not supposed to happen. Federal contracting officers are charged with reviewing the record of companies that do business with the government and barring those that fail to demonstrate "a satisfactory record of integrity and business ethics." But officials are given no guidelines to follow in making such decisions, and there's no centralized system they can consult to inform them of corporate wrongdoing. As a result, a government report concluded in 2000, those responsible for awarding federal contracts are "extremely reluctant" to take action, even when they are aware of violations. And in the rare instances when the rule is enforced, it is almost always employed against small companies with little clout in Washington.


    There is little incentive for any company to follow laws of the law. Why should they when they can get a slap on the wrist and a wink of the eye... "You don't go doing that again now you here... By the way, we really like those HP notebooks and I was thinking about my son's classmates". Jesus christ this country is a scam in itself

  4. better headline by einer · · Score: 2, Interesting

    HP believes pretexting is "proper." HP believes that pretexting, something that if I were to do to HP would certainly NOT be considered "proper" is perfectly acceptable.

    Keep in mind that it wasn't long ago that a bill legalizing pretexting was pushed by the RIAA.

    Please stop buying HP stuff. Please stop buying stuff from companies that have a political axe to grind against their consumers. Please stop buying stuff from companies that consider consumers a silent, renewable, god given, right to exploit resource that simply keeps buying their dreck regardless of their political behavior.

    Start voting (because you haven't been at the polls). Boycott HP.

    1. Re:better headline by sjwaste · · Score: 4, Informative
      Moron. This settlement had nothing to do with pretexting. Read the SEC release before posting. Mods who bumped this to a 5, do a little bit of reading yourselves.

      HP was charged with a '34 Act violation because they didn't report WHY a director (Perkins) resigned, only that he did. They were required to report WHY he resigned because he resigned over a disagreement with corporate policy, which must be disclosed per the '34 Act. He could've resigned because he disagreed with their pricing of toner, and it would've had to have been reported because:

      Federal securities laws require a public company to disclose - by making a public filing with the Commission - the circumstances of the disagreement if a director resigns because of a disagreement with the company on any matter relating to its operations, policies or practices.

      Yes, this happened in relation to the pretexting scandal, but that's not why the SEC sought enforcement. Therefore, HP's claims that it thought it was acting "lawfully" are not in regard to pretexting, but in regard to the disclosure of a director's resignation and what amounts to the quote above. They thought it didn't fit that definition, stupidly and blatantly incorrect, might I add, but it had nothing to do with them believing pretexting was a lawful action. That wasn't the question to be decided here.
  5. Re:Did they have those shoes with built in skates? by faloi · · Score: 3, Insightful

    Why don't we hold corporate america to high standards any more ?

    Any more? When did we ever?

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
  6. In summary... by RandoX · · Score: 4, Funny

    ...Go ahead and break the law. We'll let you off if you promise not to do it again.

    I hope they at least made them pinky-swear.

  7. So, promise not to break the law... by surfingmarmot · · Score: 3, Insightful

    ...and escape all punishment for having knowingly and egregiously broken the law before the promise. From the SEC press release: "Without admitting or denying the Commission's findings, HP consented to an order that it cease and desist from committing or causing violations of these provisions." Oh, wait I get it! Knowing something is illegal and doing it anyway is not grounds for punishment as long as you, once cuaght, just promise to cease and desist violating the law thereafter. Defendant: "Gosh Your Honor. If, despite the prosecution's proving I broke the law and robbed a bank, I neither admit nor deny doing it and further I promise to cease and desist robbing banks in the future, can I just go free now?" Judge: "Certainly. I think you've learned your lesson. Defendant dimissed. Son you are free to go" Corporations and the rich are held to far lower standards than the rest of us.

    1. Re:So, promise not to break the law... by sjwaste · · Score: 2

      ...and escape all punishment for having knowingly and egregiously broken the law before the promise. From the SEC press release: "Without admitting or denying the Commission's findings, HP consented to an order that it cease and desist from committing or causing violations of these provisions." Oh, wait I get it! Knowing something is illegal and doing it anyway is not grounds for punishment as long as you, once cuaght, just promise to cease and desist violating the law thereafter. Defendant: "Gosh Your Honor. If, despite the prosecution's proving I broke the law and robbed a bank, I neither admit nor deny doing it and further I promise to cease and desist robbing banks in the future, can I just go free now?" Judge: "Certainly. I think you've learned your lesson. Defendant dimissed. Son you are free to go" Corporations and the rich are held to far lower standards than the rest of us.

      Do yourself a favor and think about this for a second before you go off spouting this nonsense.

      A corporation isn't a living, breathing thing. But its shareholders are. If you impose economic sanctions on a corporation, that hurts the shareholders. You might be thinking "well, all these higher ups at HP are shareholders, so screw them!" But so are various individuals who had nothing to do with this behavior. You'd be devaluing the stock for everyone, including what is probably the majority: people who had nothing to do with the corporate action being sanctioned.

      Your argument could've been for the personal liability of the persons involved, but it wasn't. You just wanted to penalize the corporation as a whole, which hurts a lot of innocent people. Stop and consider that next time.

      Our securities laws are probably the toughest in the world, so much so that it's driving IPO's to other markets, because they protect investors pretty well. If your aim is to protect the investor, but in enforcing those rules, you sanction the corporation as a whole, devaluing the stock, how exactly did you protect that investor?

    2. Re:So, promise not to break the law... by Crazy+Man+on+Fire · · Score: 4, Insightful

      Hurting innocent people, huh? Why shouldn't investors share responsibility for the actions of the corporations in which they invest? This is exactly the mindset that got us into this corporate ethics mess in the first place. If the shareholders aren't responsible, then who is? As a part owner of a corporation engaging in illegal activities, you aren't an innocent. If the stock value declines as a result of illegal activities of the corporation, stockholders deserve to lose money. Otherwise, there's no incentive for the corporations to behave responsibly and no incentive for investors to avoid corporations that engage in illegal/unethical practices.

  8. Re:Did they have those shoes with built in skates? by ronadams · · Score: 2, Informative
    No offense to the Parent, but why is it that 5982755979585 people post the obligatory outrage of corporate America posts, and not one of them reflects any actual knowledge of TFA? While it's an important issue, it doesn't really affect you or me that much...

    Federal securities laws require a public company to disclose - by making a public filing with the Commission - the circumstances of the disagreement if a director resigns because of a disagreement with the company on any matter relating to its operations, policies or practices. Notwithstanding this requirement, HP did not make the mandated disclosures, instead reporting only the fact that Mr. Perkins had stepped down. The Commission found Mr. Perkins' disagreement related to HP's corporate governance and HP's policies regarding the handling of sensitive information, and therefore was a disagreement related to HP's operations, policies or practices which was required to be disclosed. Sorry for quoting a whole paragraph; I know that's more than many /.'ers care to read from TFA. Relax, people. It's sunny today, and you don't have .0000001% of the insane red-tape restrictions on you a publicly traded company does.
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  9. Re:Obligatory: Editors... by eviloverlordx · · Score: 2, Funny

    Slashdot does have editors, right?


    You must be new here.
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  10. Re:Did they have those shoes with built in skates? by BosstonesOwn · · Score: 2, Interesting

    Because they are a corporate entity they should follow all the rules.

    What would happen if I failed to file my taxes ! I get in deep trouble and would probably be hung from the state building by the IRS workers , via Lord of the Fly like hordes , but yet these guys just feel like they shouldn't have to report even the little things.

    As an Hp stock holder this affects me. This is a major reason why most americans are starting to see investing in US companies a waste. They are not being "nice neighbors" any more.

    "It stinks And I don't like it" - Surly Truck Driver from Spiderman movie.

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  11. Re:Did they have those shoes with built in skates? by asphaltjesus · · Score: 2, Insightful

    Yes. that's part of being in the club. Recent high-profile club members that will get off include:

    The major government IT vendors: http://it.slashdot.org/article.pl?sid=07/04/19/234 7237

    Jack Abramhoff and his pals: http://en.wikipedia.org/wiki/Jack_Abramoff. A tiny number of people were perp-walked.

    The Bush administration for, among other things, sodomizing the division that is used to exist between the Executive branch and the Attorneys General. http://slashdot.org/comments.pl?sid=234873&cid=191 46051 No consequences on this one.

    American history is full of corporate shenanigans that ended with no penalties. Why does it suck now?

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  12. Seems like a small thing to me. by PHAEDRU5 · · Score: 2, Insightful

    They had a leak. they investigated the leak. They presented findings to the board. One board member objected to the investigation and presentation process and resigned. They didn't disclose the full details of the resignation to the SEC.

    It's not like they poisoned Bhopal, killed a bunch of pets, or murdered everyone in Hama.

    Ohhhhhhh. I get it. Big company. Definitely deserving of all the flea bites the /. fanboy readership can inflict.

    --
    668: Neighbour of the Beast
  13. HP played their trump card by RealProgrammer · · Score: 2

    HP said it was just a poor company from across the border, here to make profits Americans won't make.

    The Feds decided it was too much hassle, made a speech, and let them go.

    --
    sigs, as if you care.
  14. Re:Did they have those shoes with built in skates? by goldspider · · Score: 2, Funny

    "Do you profit from supporting the status quo?"

    You really aught to put that in your sig. You add that snide personal attack to everything you post, it seems.

    --
    "Ask not what your country can do for you." --John F. Kennedy
  15. First the FCC and now the SEC. by Irvu · · Score: 2, Informative

    I remember back in the 80's when people first noticed that the FCC was serving the interests of companies more than the populace. Everything else that has followed since from fighting for the rights of large media companies to merge to seeking to suppress internet content at the behest of AOL Time Warner started then with Regan's appointees. Now the FCC openly behaves as a tool of the conglomerates. Or in the case of the illegal wiretapping, a tool of the NSA.

    A similar lack of complaint was heard when the food and drug administration reevaluated aspertame for the third time and declared it safe despite their own warnings to the contrary see here. Thanks again Donald Rumsfeld.

    Then the Food and Drug administration recently was accused of stepping down enforcement of many complaints and 'streamlining' the process of approval for the drug companies.

    Now this. Realistically speaking I would hope that sooner or later events like this, you know large companies committing fraud and spying on people for money, lying, etc. and being given only a slap on the wrist, would say piss people off so much that they would Write their Congressional Representative, and Their U.S. Senator, and even The President. A few e-mails saying, either this is a government of by and for the people or we'll vote for someone else. A few e-mails saying, I pay my taxes why are they being spent to harm me? A few e-mails just reminding them that we are paying attention. Lacking that they can do whatever they want and we're no longer the greatest nation on earth.