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Hewlett-Packard Pleads Guilty To Bribing Officials in Russia, Poland, and Mexico

Charliemopps writes Hewlett-Packard and three subsidiaries pleaded guilty Thursday to paying bribes to foreign officials in Russia, Mexico and Poland and agreed to pay $108 million in criminal and regulatory penalties. For over 10 years Hewlett-Packard kept 2 sets of books to track slush-funds they used to bribe government officials for favorable contracts. From the article: According to the Justice Department, HP Poland paid more than $600,000 in cash bribes and gifts, travel and entertainment to the the police agency's director of information and communications technology. HP Poland gave the government official bags filled with hundreds of thousands of dollars of cash, provided the official with HP desktop and laptop computers, mobile devices and other products and took the official on a leisure trip to Las Vegas, which included a private tour flight over the Grand Canyon, the Justice Department said. The foreign officials probably weren't reporting the income on their taxes, either.

110 comments

  1. best to do the time in Poland by Joe_Dragon · · Score: 1

    best to do the time in Poland the other places are shit.

    1. Re:best to do the time in Poland by Quantus347 · · Score: 4, Insightful

      What "Time"? These are Corporate Executives. When they break the law their company pays cash. Jail is the legal system for people who dont have enough money to pay Government Fines.

      --
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    2. Re:best to do the time in Poland by jd2112 · · Score: 5, Insightful

      What "Time"? These are Corporate Executives. When they break the law their company pays cash. Jail is the legal system for people who dont have enough money to pay Government Fines.

      Sooo.... They will pay a bribe to settle charges of bribery?

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    3. Re:best to do the time in Poland by fuzzyfuzzyfungus · · Score: 1

      Unfortunately, while we have the Foreign Corrupt Practices Act, we could really use some work on domestic corrupt practices...

    4. Re:best to do the time in Poland by Anonymous Coward · · Score: 1

      If they get caught in Russia, they won't pay time because they will just turn up "missing" if it makes Putin look bad in any way.

    5. Re:best to do the time in Poland by Anonymous Coward · · Score: 0

      Right. The real problem is that they didn't pay enough bribes to U.S. officials through the legal process of campaign finance donation. had they done so they would have never gone to court.

    6. Re:best to do the time in Poland by Anonymous Coward · · Score: 0
    7. Re:best to do the time in Poland by BringsApples · · Score: 2

      Government isn't even government in this scenario. What are we supposed to believe, they didn't bribe any US officials? Bullshit. The US officials that they bribed, probably just figured out that they also bribed other governments and maybe they paid those officials more than they did the US officials, and now the US officials just want their cut. Dunno. Hard to tell what these mobsters are doing behind closed doors, but at this point I think it's safe to assume that it's all a matter of moving money. It's not like they'll use that money to better regulate HP on any level.

      --
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    8. Re:best to do the time in Poland by the+real+darkskye · · Score: 2

      What "Time"? These are Corporate Executives. When they break the law their company pays cash. Jail is the legal system for people who dont have enough money to pay Government Fines.

      Sooo.... They will pay a bribe to settle charges of bribery?

      Who do they think they are? Bernie Ecclestone?

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    9. Re:best to do the time in Poland by GameboyRMH · · Score: 2

      Yep, they should call this The Ecclestone Maneuver.

      --
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    10. Re: best to do the time in Poland by briancox2 · · Score: 3, Informative

      Apparently none of you have ever tried to do business is Russia, Mexico or Poland. The politicians are corrupt ones. Business just does whatever it can to be free to sell product. And in many countries...this is the result. I consider this a story about Russia and Mexico. Not of HP.

      --
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    11. Re: best to do the time in Poland by Anonymous Coward · · Score: 0

      No, this is HP. We have the Foreign Anti Corrupt Practice Act or whatever they call it and in our large company each employee has to take training on it every year. Things like, "you have a shipment you need for construction of x in customs and the customs official for country y asks for an 'expediting' fee and suggests you log it as z and pay him". We don't pay any of these at all and we do business in 160 countries.

    12. Re:best to do the time in Poland by LifesABeach · · Score: 1

      I cannot help but wonder why the DOJ does not go after those that break the law? Is this a great country or what?

    13. Re: best to do the time in Poland by Anonymous Coward · · Score: 2, Interesting

      We don't pay any of these at all and we do business in 160 countries.

      Bribery (including 'campaign donations' in the USA) is a risky tactic. Immediately, you get easier access to do whatever it was you were trying to do. However, it leads to a list of no-win situations that are likely to follow depending on factors completely outside your control, a few examples.

      1) The bribed official is replaced, then you must either bribe the current position-holder a convincing amount or face increased scrutiny. (In the USA balance of campaign contributions, you can get away with donating less to Republicans because they like to give the impression that they don't take bribes. Also, Democrats will happily condemn anyone who does donate to Republicans at all, even if 90% of the company's political donations are to Democrats.)

      2) Someone else in the chain decides they want a cut. This increases the total bribe cost, and adds a political issue of figuring out how to balance the bribes to maximize results. There is no stable balance.

      3) In the unlikely event that an honest official (probably a new appointment with no related work history) gets involved anywhere near the bribe-route, they will probably notice that the relevant paperwork and regulations were not followed correctly. These individuals will be hostile to attempts to add them to the bribe arrangement for a time, and will make you follow the rules for a while until either the temptation of money wins out or the other corrupt officials get sick of the do-gooder and 'deal with' the individual.

      4) A competitor offers a better bribe. You then either have to pay more or be treated as badly as if you weren't bribing to begin with (but don't dare decrease your bribe, that will be taken as a personal attack).

    14. Re: best to do the time in Poland by ArsenneLupin · · Score: 3, Informative

      5) The official might think your bribe is too modest, and post the amount publicly on Facebook to shame you: A Restaurant Tried to Tip-Shame a Football Star

    15. Re: best to do the time in Poland by Anonymous Coward · · Score: 0

      You don't need to give as much to Republicans because Democrats are the ruling party.

    16. Re:best to do the time in Poland by Anonymous Coward · · Score: 0

      There is no rule of law in Russia or Mexico; and Poland is as corrupt as Ukraine!

    17. Re: best to do the time in Poland by Anonymous Coward · · Score: 0

      5) The official might think your bribe is too modest, and post the amount publicly on Facebook to shame you:

      A Restaurant Tried to Tip-Shame a Football Star [mic.com]

      And succeeded!

      #Winning

    18. Re: best to do the time in Poland by Anonymous Coward · · Score: 0

      "We don't pay any of these at all and we do business in 160 countries."

      I can fucking guarantee you do. It may be called something else, it may happen at a point that you are unaware of, but if your company is doing business in 160 countries, your company is paying bribes. There is just no way around it. Money is changing hands.

    19. Re:best to do the time in Poland by Anonymous Coward · · Score: 0

      Is this a great country or what?

      What country are you talking about? There are three countries involved. Poland, Mexico and Russia.
      Unfortunately bribes are business as usual in all three countries but interestingly enough they appear to have a different approach to it.

      I can see Russia going after HP as a part of the current political game where it could be of interest to highlight how "western companies tries to undermine honest Russian business by bribing."
      Poland still have a lot of corruption from the old times but there is a strong desire to clean up and shape a better society. Still, I don't expect to see more than the typical slap on the writs that we would see from any other western nation.
      As for Mexico.. well.. it feels like any response coming out of this will be random/depend on internal politics that aren't related.

    20. Re:best to do the time in Poland by Anonymous Coward · · Score: 0

      There are three countries involved.

      Wrong. There are four. You forgot the USA, which is involved because HP is an American company.

    21. Re:best to do the time in Poland by nytes · · Score: 1

      We dispense the finest justice that money can buy!

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    22. Re: best to do the time in Poland by sebaluks · · Score: 1

      Comparing corruption of Ukraine to Poland's is a huge mistake. In the mids of 2000's there was a huge corruption scandal in Poland (tampering with media law). Central figure went to jail (no suspension) and since the a lot changed in country's minds. Corruption is perceived as something really wrong by most. Mentioned situation with HP was a huge scandal too and to be fair it was unearthed by polish counterpart of FBI (CBA). Comparing Poland's attutude towards corruption to those of Russia or Mexico is really unfair.

      --
      -- "In theory, theory is the same as practice, but not in practice."
    23. Re:best to do the time in Poland by Anonymous Coward · · Score: 0

      What "Time"? These are Corporate Executives. When they break the law their company pays cash. Jail is the legal system for people who dont have enough money to pay Government Fines.

      Sooo.... They will pay a bribe* to settle charges of bribery?

      I think you'll find that they'll use the word fine instead.

  2. Who pays? by Anonymous Coward · · Score: 4, Insightful

    Where will the money come from? Somehow I don't think it'll be execs who are "rightsized".
     
    Where's the prison terms? Where's the personal liability for CxOs? No, they are likely not directly accountable for the actions of every single individual employee, but they are responsible for the actions of the company in general. When the company does something illegal, the boss should pay the penalty; it's the only way to justify the ludicrous money they make.
     
    CAPTCHA: higher

    1. Re:Who pays? by Anonymous Coward · · Score: 0

      Even if such things are not initiated by a CxO, they have a responsibility to stop corruption. The moment a CxO becomes aware of something illegal that is occurring in their organization and does not put a stop to it immediately, they themselves become complicit.

      Unfortunately, in the worst case the CxO will "leave the company to pursue other opportunities" and will still get paid out millions by the golden parachute. Then they lay low for a few months while wheeling and dealing on the golf course and eventually find themselves in a similar position at another company.

      Real accountability and real consequences for CxOs is absolutely needed to prevent this. Otherwise it will be normal workers who suffer when their company gets slapped with fines while the CxOs still manage to sail away with millions.

    2. Re:Who pays? by nytes · · Score: 1

      You're right. It'll be the lower level employees who most likely pay.

      I work for a company that got hit with a FCPA violation years ago. We couldn't send anything out of the country without explicit State Department approval for years. It pretty much drove us to bankruptcy until we got bought by a bigger company with enough pull to ease the restrictions. One of the conditions is that *every* employee now has to have annual training on the FCPA.

      --
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  3. So what? by The+Evil+Atheist · · Score: 5, Funny

    So they admitted to doing business in Poland, Russia and Mexico. Big deal.

    --
    Those who do not learn from commit history are doomed to regress it.
    1. Re:So what? by Anonymous Coward · · Score: 1

      Yeah, it's pretty much impossible to do successful business in at least Russia without bribing someone. It's just an accepted part of doing business there. Can't speak for the other places, but wouldn't be surprised if they were there same way. And as a matter of fact, it's the same way in America, only America calls it "expedite" (sp?) fee or "VIP" or some other term to make it legal, but really it's the same thing as paying someone to process your stuff first/better than others.

    2. Re:So what? by Anonymous Coward · · Score: 0

      That was exactly my thought. I don't have experience with Russia or Poland, but in Mexico you simply don't do business without paying the right people. Even driving through the country you should have a couple of bottles of beer and coca cola ready to go in the back to hand over to cops that periodically stop you.

    3. Re:So what? by Anonymous Coward · · Score: 0

      HP guilty again! I just saw their logo on the Silicon Valley wage-fixing case here last week.

    4. Re:So what? by swillden · · Score: 5, Informative

      So they admitted to doing business in Poland, Russia and Mexico. Big deal.

      Pretty much.

      When I worked for IBM we tried to do business in Mexico. We didn't fail completely, IBM does have some small operations there, but we were perpetually hamstrung by the fact that company policies defined under the American model prevented us from competing effectively in Mexico. It sounds like someone at HP decided not to be so limited.

      It's really sad. The endemic corruption in some of these countries really holds them back. I spent two years living in southeastern Mexico when I was a young adult (as a Mormon missionary), and I really learned to love the country, the people, the food, the language... Mexico is a fantastic nation, rich in natural resources, with many interesting cultures and sub-cultures and (American stereotypes to the contrary) a powerful work ethic. But the endemic corruption and all that it enables (e.g. drug-related violence, election fraud and inefficient business and government) make it impossible for the nation to realize its full potential.

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    5. Re:So what? by swillden · · Score: 1

      And as a matter of fact, it's the same way in America, only America calls it "expedite" (sp?) fee or "VIP" or some other term to make it legal, but really it's the same thing as paying someone to process your stuff first/better than others.

      Actually, it's not. Certainly there are cases in which one can pay for speedier service, but those aren't all that common, particularly not in interactions with government. And where they do exist, they're open, published fees that are paid to the agency or company in question, not under-the-table bribes to an individual. Bribery does exist in America, but it's pretty rare, and trying to bribe a public official is a good way to go to jail.

      The one major exception, of course, is campaign contributions. Though, theoretically, those can't be used to enrich the receiver.

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    6. Re:So what? by Anonymous Coward · · Score: 0

      Bribery does exist in America, but it's pretty rare, and trying to bribe a public official is a good way to go to jail. The one major exception, of course, is campaign contributions. Though, theoretically, those can't be used to enrich the receiver.

      It's more subtle in the US now. Yes PACs is a nice way of injecting huge campaign contributions to a candidates wallet. The trick is to hire your family as campaign staff and pay them a salary. As shown in the last round of bribery arrests, the main vehicle used to give money to the politician these days is to launder it through a secondary service. Like selling a yacht, house, or sports car to the politician at a ridiculously low price. My favorite is the good old fashion hire contractors to make home improvements to their homes and then invoice the politician for a fifth of the real cost of the renovations.

    7. Re:So what? by JaredOfEuropa · · Score: 1

      Not really. While it is true that in a lot of countries like these, low level bribery is almost a requirement to doing business. Want your goods to clear customs sometime this century? Pay up. Want your work visas processed in a timely manner? Some civil servant will need a filled envelope. Don't want you plant shut down? Make the inspector happy. This sort of thing goes on all the time, and is often handled through local intermediaries.

      What HP did was bribing high level government and corporate officials to win business.

      --
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    8. Re:So what? by DarkOx · · Score: 1

      IBM was probably rightly worried about the FCPA.

      Which does make it illegal to engage in that sort of behavior for a US business even in places where that is the norm. Now personally I think this is another example of the globalism people trying to have it both ways. They want "free trade" but they also demand US companies compete while being gagged and handcuffed. There certainly are parts of the world where its just the way business is done.

      Either we should not have free trade agreements with these places - looking at Mexico (NAFTA is border security nightmare too). Or the FCPA should have an exceptions list, for much of eastern Europe and south America.

      On the other hand FCPA does protect share holders from obscene amounts of unaccounted monies going out the door. That is important, but not as important as the over all success of the organization. I would much rather a company I own stock in occasionally have a few hundred K$ vanish but get that contract to be the sole provider of widgets to all of East Bumbfuckistan; when you get down to it.

      What would be even better is if East Bumbfuckistan would clean up their act and create a system of laws that prevent bribery and similar in efficiencies and create a generally fair market place where everyone competes on merit and has access to quality information but I don't think it should be our job to make up rules to follow in places where their clearly are none and punish ourselves for failing to do so.

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    9. Re:So what? by Ash-Fox · · Score: 1

      What HP did was bribing high level government and corporate officials to win business.

      When I was living in Poland, this was common place to win.

      --
      Change is certain; progress is not obligatory.
    10. Re:So what? by Ash-Fox · · Score: 1

      in Mexico you simply don't do business without paying the right people.

      I can verify this is the case in Poland too.

      --
      Change is certain; progress is not obligatory.
    11. Re:So what? by swillden · · Score: 3, Insightful

      endemic corruption and all that it enables (e.g. drug-related violence, election fraud and inefficient business and government) make it impossible for the nation to realize its full potential.

      Yes, the influence of the corruption in Norteamericano politics really has boned Mexico. Wait, is that not what you meant?

      The influence of Norteamericano (a misnomer, since México is also part of Norteamérica) politics has boned México, but not so much because of our political corruption but because of our failed drug policy. The really horrible drug violence problems they're facing now are a result of caving to US pressure to try to stop the flow of drugs through Mexico. The attempt failed utterly, as anyone with a brain knew it was going to, and it turned the Mexican drug traffickers into ultra-violent thugs. The relatively peaceful traffickers from 20 years ago were imprisoned or killed, and the guys who replace them are seriously nasty.

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    12. Re:So what? by meta-monkey · · Score: 1

      Just thinking about the Zetas sends a chill down my spine. I hope the wave of drug legalization that's sweeping the US will cut off their profits.

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    13. Re:So what? by Anonymous Coward · · Score: 0

      I can verify this is _not_ the case in Poland. Maybe 10 years ago. I'm not saying there is no corruption in Poland. But it's just like any western country, you can sure do business without bribes. I do.

    14. Re:So what? by tachin1 · · Score: 0

      Relatively peaceful?
      I get your point but they were never peaceful, even relatively.
      I lived in Tijuana and while you would not expect to be caught in the middle of gang violence, (And this was true even in the middle of the worse part of the conflict), you knew that should you get involved with these people, they were going to be ruthless if you crossed them.

      Anyway, I agree with drinkypoo. Because of the US policies in the 70's to destabilize latin america, corruption and fraud are a direct result of that.

      --
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    15. Re:So what? by Anonymous Coward · · Score: 0

      What would be even better is if East Bumbfuckistan would clean up their act and create a system of laws that prevent bribery and similar in efficiencies and create a generally fair market place where everyone competes on merit and has access to quality information but I don't think it should be our job to make up rules to follow in places where their clearly are none and punish ourselves for failing to do so.

      If it were the norm in East Bumbfuckistan to murder people--the CEO going on literal human hunts--to get contracts, would you be all for it? Or would you acknowledge that there's something fundamental wrong about murder and that it's not a punishment to hold oneself to the standard of following some level of morality which doesn't punish some businesses who wouldn't stoop to such levels*? I mean, you well acknowledge there's something inherently wrong with the bribery and corruption and it's just another degree of the moral wrong and while one certainly can't fix East Bumbfuckistan by doing "The Right Thing" (TM), to turn a blind eye to it in the name of increasing your odds of landing a contract or to even actively participate in it to edge out a local or foreign competitor is no sort of betterment of the situation.

      Put more simply: free trade was never meant to mean free of the consequences of law because of the ambiguous jurisdiction. That's tantamount to granting anarchy on companies that import/export while binding all local companies to actual governance. All free trade meant was that the trade action itself would not be subject to undue tariff or tax. Ie, free as in beer, not free as in liberty.

      *This is the logic behind the FCPA and similar laws. Unfortunately, when it becomes the case that in the US a company can merely pay a fine that's a fraction of the actual ill-gotten gain, then it becomes just another type of bribery. Whether harsher punishments--actually arresting and convicting CEOs and/or management who engaged in the corruption--would be sufficient deterrent or it's a matter of raising the fine to a sufficient level that the losses would outstrip the gains and be a deterrent, I don't know. Like all crime, no amount of threat of punishment or actual punishment will stop crime from happening because there's always those who think they won't be caught, what they're doing is acceptable (like you), or that they can bare the punishment for the gains. To that end, perhaps nothing really needs to change if HP is merely the exception and not the rule. One thing is clear is that HP needs no apologists for its actions.

    16. Re:So what? by Tyrannicsupremacy · · Score: 1

      I can counter verify that Ash-fox is telling the truth. Two anecdotes outweigh one.

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    17. Re:So what? by Rich0 · · Score: 1

      I think FCPA is a good idea, the problem is that we don't level the playing field. If the US got everybody else to pass similar laws and enforce them, then the playing field would be level. The problem is that if a US company follows the FCPA and a German company does not, the US company is at a disadvantage (I just picked Germany at random - for all I know they have a similar law that is well-enforced).

      I think that first-world countries actually need to stick together a bit more to get rid of this nonsense. Ditto for environmental laws - as much as the US/EU squabble over some of that, compared to some other countries both are environmental paradises and they should really set up trade barriers to keep companies from outsourcing pollution. I realize that this would probably result in the EU putting tariffs on US goods to make up for our lack of decent universal healthcare, and I don't really have a problem with that - what is good for the goose is good for the gander.

    18. Re:So what? by Anonymous Coward · · Score: 0

      HP guilty again! I just saw their logo on the Silicon Valley wage-fixing case [slashdot.org] here last week.

      I noticed that as well but it turns out HP has nothing to do with that story or that lawsuit.

    19. Re:So what? by Yakasha · · Score: 1

      And as a matter of fact, it's the same way in America, only America calls it "expedite" (sp?) fee or "VIP" or some other term to make it legal, but really it's the same thing as paying someone to process your stuff first/better than others.

      Actually, it's not. Certainly there are cases in which one can pay for speedier service, but those aren't all that common, particularly not in interactions with government.

      Actually it is. The business culture in those countries is a lot different than here. People expect to get special treatment, special deals, and special offers. Right now the company I'm working for is modifying their systems to support multiple price lists for the sole purpose of making our Chinese clients think they're getting a great deal. Here, a widget costs $100 and we give a 25% discount. There it costs $750 and we give a 90% discount. Same item, same cost, same profit, different list price.

      When getting past government regulations or setting up some licensing deal with a business, it is the same thing but on an individual front rather than a corporate front. They're not going to give you the business unless you give them a special deal, unless you make that person feel special and instrumental to your success... that means a couple extra $$ in some individual's pocket.

      Why do you think the CIA was dropping off large bags of cash to Karzai every month for 10 years?

    20. Re:So what? by swillden · · Score: 1

      I was talking about the US.

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    21. Re:So what? by swillden · · Score: 1

      Because of the US policies in the 70's to destabilize latin america, corruption and fraud are a direct result of that.

      Could you elaborate?

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    22. Re:So what? by swillden · · Score: 1

      +1

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    23. Re:So what? by Anonymous Coward · · Score: 0

      I think FCPA is a good idea, the problem is that we don't level the playing field. If the US got everybody else to pass similar laws and enforce them, then the playing field would be level.

      The US is already guilty of way too much "[leveling] the playing field" in its various treaty negotiations. Honestly, the US is a big enough customer to inherently have a significant influence over the world without codifying laws in other countries. More generally, there's a clear evil in the US acting as the world's legislature as more often than not it's about "[leveling] the playing field" for US companies without any consideration of reciprocation. You speak of the EU putting tariffs on US goods but that'd likely go against WTO agreements.

      Even if it were somehow applicable without running afoul of extant treaties, before long it'd be little more than a tariff war--as it was in the past and precisely why there was a need for all these "free trade" agreements. It's one reason I oppose the notion of tariffs on Chinese goods for environmental or worker related reasons. It's one thing to ban the import of something that intrinsically causes massive harm in its production or to regulate multinational companies that function in other countries. At that level, you're really extending the reasonable scope of your jurisdiction. Beyond that, it's little more than a form of extortion.

    24. Re:So what? by Rich0 · · Score: 1

      The problem with what you propose is that it is a race to the bottom. If you require domestic companies to treat workers in a certain way, but allow them to trade freely with companies in other countries that do not have to treat workers in this way, then everybody is going to outsource everything to whatever country has the fewest controls, until everybody repeals all their worker protections to keep people employed.

      Free trade and socialism just don't mix. It is far more sensible to band together with other countries that desire to have similar standards of living and cooperate together to create trade barriers that discriminate against countries that do not legislate a similar standard of living.

      I'm not talking about sending the marines into some country to overthrow their government. They can treat each other like cattle if that is what their culture demands, but their goods won't be sold cheaper in the civilized world as a result. I'm all for helping out developing countries so that they can have a better standard of living as well, but that doesn't extend to lowering trade barriers without improving conditions. Otherwise megacorporations will just abuse everybody, and the last thing they care about is the welfare of their employees beyond whatever it takes to keep the gears of production turning.

    25. Re:So what? by tachin1 · · Score: 0

      Well, forget the 70's for now and lets go back a little bit, from Wikipedia:
      http://en.wikipedia.org/wiki/L...

      During the Cold War era, the United States feared the spread of communism and, in some cases, overthrew democratically elected governments perceived at the time as becoming left-wing or unfriendly to U.S. interests.[1] Examples include the 1954 Guatemalan coup d'état, the 1964 Brazilian coup d'état, the 1973 Chilean coup d'état and the support of the Contra rebels in Nicaragua.

      And of course, Cuba.

      This started, for lack of a better word, a policy to attempt to control the political life of Latin America, where some places they used force, others it was easier to coerce them through other means, including bribery. this served both political and economic interests of the US.

      This is pretty well documented history, as a quick Google search will show.

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    26. Re:So what? by swillden · · Score: 1

      I thought we were talking about Mexico, not Latin America in general.

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  4. Must have failed to bribe someone to keep quiet by NotDrWho · · Score: 3, Insightful

    When you start down the road of bribery and corruption, just know that you can never get off it.

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  5. Bribe / Donation same thing. by MrL0G1C · · Score: 1

    Of course the bribes to all levels of politicians in the US are legal and are called donations, that and revolving door syndrome.

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    1. Re:Bribe / Donation same thing. by bogaboga · · Score: 1, Informative

      Then we blame the so called "third world" when they "learn" this kind of behavior from us. Remember, we always have the "moral high ground."

    2. Re:Bribe / Donation same thing. by Anonymous Coward · · Score: 0

      If you think corruption comes from the US or the "first" world, you are so very mistaken. Corruption has always existed, and is 10 times worse what you can imagine in most of the world, and that is one of the biggest problem for these countries that prevent them from becoming wealthier. The "first" world actually managed to reduce this corruption to reasonable levels thanks to stuff like free media. Of course there is still corruption, that is a fight that is never over.

    3. Re:Bribe / Donation same thing. by GameboyRMH · · Score: 0

      Yep but Poland, Mexico and Russia apparently don't have a formal "lobbying" system to make these bribes legal. That's the difference you see.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
  6. Bribes outside the US by Anonymous Coward · · Score: 0

    Did the Justice Department feel left out, or where they just upset HP was two timing them?

  7. Good thing it is leagal in the US by Anonymous Coward · · Score: 0

    In the US we legalized bribery - we just call it campaign contributions and lobbying. In uncivilized countries they have to do it all fashioned way.

  8. Typical by Atticka · · Score: 1

    Sounds like your typical corporate junket.... except these aren't corporation!

    --
    No sig here...
  9. Hewlett & Packard are spinning in graves by Anonymous Coward · · Score: 3, Insightful

    I cannot imagine either of those two approving of such business practices.

    Hmm, 10 years ago, so that means 2004. That means during Carly Fiorina's reign, then Mark Hurd, then Leo Apotheker, then Meg Whitman.
    I guess bribery and corruption must be good for shareholder value? Hey, bribery is just part of unfettered capitalism, isn't it?

    1. Re:Hewlett & Packard are spinning in graves by Anonymous Coward · · Score: 0

      I guess bribery and corruption must be good for shareholder value? Hey, bribery is just part of unfettered capitalism, isn't it?

      It's expensive. HP had to paywall bios updates and support information to help fund it.

    2. Re:Hewlett & Packard are spinning in graves by NoKaOi · · Score: 2

      Hey, bribery is just part of unfettered capitalism, isn't it?

      Except bribery does not exist in capitalist US. Instead, we call it "lobbying" and "campaign contributions."

    3. Re:Hewlett & Packard are spinning in graves by Anonymous Coward · · Score: 0

      Except bribery does not exist in capitalist US. Instead, we call it "lobbying" and "campaign contributions."

      Or more like "consulting position for your daughter @ $600,000/yr"

  10. Yeah, whatever ... by gstoddart · · Score: 3, Interesting

    This is different from lobbyists giving "campaign contributions" how?

    The same thing happens everywhere, it's just a matter of the form it takes.

    At this point, I assume all politicians and all corporations are corrupt.

    --
    Lost at C:>. Found at C.
    1. Re:Yeah, whatever ... by Anonymous Coward · · Score: 0

      And what will happen to the politicians?

    2. Re:Yeah, whatever ... by TheCastro1689 · · Score: 2

      Giving cash and gifts even in the form of plane rides is illegal in the United States. Congress members do get in trouble for it when they're caught.

    3. Re:Yeah, whatever ... by gstoddart · · Score: 1

      As I said, whatever ... they still essentially collect money from lobbyists, they just managed to write the rules in such a way as they have a nice legal exemption.

      Like I said, I just assume all politicians and corporations are corrupt, it saves time.

      --
      Lost at C:>. Found at C.
    4. Re:Yeah, whatever ... by Anonymous Coward · · Score: 0

      This is different from lobbyists giving "campaign contributions" how?

      The same difference as trying to bribe a noble vs trying to bribe his footman.

      You think you can apply laws to aristocrats the same way you apply them to the plebs?

    5. Re:Yeah, whatever ... by Anonymous Coward · · Score: 0

      Yes, they need to stick to getting 'special' investment opportunities.

      If you look at corruption as a spectrum - when I was young - the US was not very corrupt compared to the very corrupt - now we are half way to being as bad as the worst.

    6. Re: Yeah, whatever ... by sebaluks · · Score: 1

      O'rly?! When was the last time You were in Poland? 70's? 80's? At most 90's? Having Poland called 3rd world regime requires a lot of ill will. Thieves are in all societies. I could imagine similar incident (I repeat - incident) in any european country.

      --
      -- "In theory, theory is the same as practice, but not in practice."
  11. Cultural Differences by dcw3 · · Score: 3, Insightful

    What many in the U.S. don't realize is that what we call bribery is SOP in some countries. Not that it makes it right, or legal, but it may be the only way for a company to do business there. I've witnessed this first hand in a couple places, with local government officials who would just not process paperwork unless you "tip" them.

    --
    Just another day in Paradise
    1. Re:Cultural Differences by Anonymous Coward · · Score: 0

      I think HP is fully aware of what they are doing.

    2. Re:Cultural Differences by dj245 · · Score: 3, Informative

      What many in the U.S. don't realize is that what we call bribery is SOP in some countries. Not that it makes it right, or legal, but it may be the only way for a company to do business there. I've witnessed this first hand in a couple places, with local government officials who would just not process paperwork unless you "tip" them.

      That's a "Facilitating payment" and is actually OK for US companies to pay. A facilitating payment is payment to make someone do something faster or more efficiently, but the person was obligated to do that thing anyway. Good examples are customs clearance, port expediting payments, etc. The official is obligated to release items from customs if all the paperwork is correct. He isn't obligated to do that in a timely fashion, however. The payment just makes his inevitable action happen faster.

      When you pay for an action which may not have happened without payment (like a favorable decision) that is when it becomes bribery.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    3. Re:Cultural Differences by Frankie70 · · Score: 1

      And what many don't realize is what is called bribery in other countries is called Lobbying and Campaign contributions in the USA.

    4. Re:Cultural Differences by afidel · · Score: 1

      No, this is much more than the tip style bribery, in fact the foreign corrupt practices act specifically excludes payments to officials who are just doing their normal function (your tips to get paperwork moved), this was out and out corruption to get sweetheart deals. Nobody is paying one official $600k to get paperwork moved along, they're doing that to get millions in contracts with little oversight and hence tons of profit margin. Trust me, nobody in DOJ is going to upset powerful multinationals over some greased palms.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    5. Re:Cultural Differences by Khashishi · · Score: 1

      The first step to legalizing bribery is to not call it bribery.

    6. Re:Cultural Differences by dcw3 · · Score: 1

      Interesting. I've received annual training on this, and never heard of any exemption except for national security purposes. The guide I just looked at also lists that as the only exemption.

      --
      Just another day in Paradise
    7. Re:Cultural Differences by Rich0 · · Score: 1

      Well, the issue is that in many countries these payments are not legal - but those laws are just never enforced. So, I'm not sure if those payments are actually legal under the FCPA. You are right that this is just how business is done - the local government probably barely pays some types of officials at all, realizing that they'll do the job just for the bribes.

    8. Re:Cultural Differences by afidel · · Score: 1

      Is it ever okay to "grease" an official's palm?
      If the payment is only intended and only results in an official carrying out his or her job duties a bit faster (without breaking any other rules), then it MAY be legal. If the payment speeds up the process by ignoring the local laws or regulatory process, then the payment is still an illegal bribe. So in addition to the FCPA, you must check written laws of the host country.
      link

      You can find many other sources, the case law around it is a bit nuanced, but basically if you're just trying to get stuff off someones desk that should be moving along under local law then you're probably ok. Congress obviously didn't mean to make it impossible for US based companies to do business around the world so the courts have to take that into account. Since most folks aren't lawyers practicing in that area of law corporate training tends to be very black and white on the issue (this also works to absolve the company if their employees tread into areas that are dark shades of grey).

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    9. Re:Cultural Differences by Anonymous Coward · · Score: 0

      Why is this modded Informative, rather than Funny?

      (Just on the off chance that the post was serious after all: how in the world is an action (like processing paperwork) inevitable if it will only actually happen if you bribe the official? And even if it would get done eventually, which it won't, don't you recognise that in most cases getting the paperwork done now, rather than in two years time, are incomparably different outcomes?)

    10. Re:Cultural Differences by dcw3 · · Score: 1

      Excellent. Thanks!

      --
      Just another day in Paradise
  12. Interestingly enough... by Anonymous Coward · · Score: 1

    ...all Polish sources feature prominent headlines to the effect of "HP sentenced to multi-million fine for unfair business practices in Russia and Mexico". They barely even mention the fact that the local officials were, apparently, taking those sweet, sweet bribes too.

    Funny how that works out, eh? It's only fair to mention, though, that most Polish conventional/old media are owned by members or strong supporters of either of the two current majority parties (The right-wing Citizen Platform, and the so-right-wing-we-had-to-pick-an-evil-sounding-name Law and Justice party), neither of which have an interest in covering this whole mess, as it would implicate them both.

    1. Re:Interestingly enough... by Ash-Fox · · Score: 1

      They barely even mention the fact that the local officials were, apparently, taking those sweet, sweet bribes too.

      Because that isn't news. Everyone in Poland knows about bribery and corruption in the government.

      --
      Change is certain; progress is not obligatory.
  13. Very interesting by kilodelta · · Score: 1

    Back a couple years ago the company I worked for got bought out by Dell. Dell had very strong anti-bribery policies in place for both domestic and international scenarios.

    I guess HP didn't buy into that so much.

  14. Who's going to jail? by Anonymous Coward · · Score: 0

    These are felonies. So, who is going to prison, or at least to court, for these egregious actions? The senior corporate officials who approved these actions? Not likely! If anybody does, it will be some lower-level schlub whose signature is on the paperwork... :-(

  15. Amateurs by Jawnn · · Score: 1

    As a U.S. company, youse can't engage in bribe and corruption in other countries. Youse have to engage in bribe and corruption in this country first. If youse don', t'ings could happen. You know, t'ings.

  16. HP = Horrible Product by Anonymous Coward · · Score: 0

    Sad, because they used to be high quality too. Recently though all their stuff has turned to shit.

  17. No one personally held responisble by Racerdude · · Score: 1

    Nothing will change until someone at the bribing company is personally held responsible and faces the danger of jail time

    1. Re:No one personally held responisble by Earthquake+Retrofit · · Score: 1

      Nothing will change until someone at the bribing company is personally held responsible and faces the danger of jail time

      Nothing will change until stockholders are personally held responsible.

      --
      Fifty years of Yippie! 1968-2018
  18. Why isn't the UK jumping on HP too? by Anonymous Coward · · Score: 2, Informative

    I'm sure HP does business in the UK, therefore they can be prosecuted under this regardless of where the crimes took place.
    http://en.wikipedia.org/wiki/Bribery_Act_2010

    "The penalties for committing a crime under the Act are a maximum of 10 years' imprisonment, along with an unlimited fine, and the potential for the confiscation of property under the Proceeds of Crime Act 2002, as well as the disqualification of directors under the Company Directors Disqualification Act 1986. The Act has a near-universal jurisdiction, allowing for the prosecution of an individual or company with links to the United Kingdom, regardless of where the crime occurred. Described as "the toughest anti-corruption legislation in the world",[1] concerns have been raised that the Act's provisions criminalise behaviour that is acceptable in the global market, and puts British business at a competitive disadvantage."

  19. My, how HP has fallen... by QuietLagoon · · Score: 1

    Nowadays, HP is a mere shadow of its former self. Former self being the days when its test and measurement division (now Agilent) was an innovation powerhouse.

    1. Re:My, how HP has fallen... by Anonymous Coward · · Score: 0

      The electronic test and measurement division got spun out of Agilent last month and is now known as Keysight Technologies.

  20. Yeah, whatever ... by Anonymous Coward · · Score: 0

    " ... I assume all politicians and all corporations are corrupt ...à except the difference is that at least in the civilized regions of the world when government bureaucrats take bribes they do it secretly and carefully hide such actions, while in the corrupt 3rd world regimes - like Poland - most government officials quite openly give you clear Ãoehintsà that without greasing the wheels nothing will ever get done.
    In Poland the culture of corruption is so pervasive that when you for example get into an accident and have some cash on you that last thing you want is call an ambulance: the emergency workers (of course government employees) will immediately take your wallet and clean it empty, and then later return it with a smile saying: Ãoethere was nothing in itÃ.

  21. Its just foreign aid by Anonymous Coward · · Score: 0

    When the USG gives $, its foreign aid.
    When an actually productive company does, its bribery.
    Right.

  22. Standard operating procedure by sshir · · Score: 4, Informative

    for western companies operating in Russia is to hire "logistics consultants" among locals who do all the actual bribing. It provides a degree of separation - a plausible deniability.

    1. Re:Standard operating procedure by Rich0 · · Score: 2

      for western companies operating in Russia is to hire "logistics consultants" among locals who do all the actual bribing. It provides a degree of separation - a plausible deniability.

      Yeah, I am working on a computer system that facilitates international transactions, and part of me wonders if part of the value-add of outsourcing some of the paperwork-handling in some countries comes from them handling paper of a different kind. We just pay a fee for them to do the job - who knows what they use it for.

  23. Official Bags by Translation+Error · · Score: 5, Funny

    HP Poland gave the government official bags filled with hundreds of thousands of dollars of cash

    What are 'official bags'? Are those the ones with a big dollar sign on the side?

    --
    When someone says, "Any fool can see ..." they're usually exactly right.
    1. Re:Official Bags by Anonymous Coward · · Score: 0

      HP Poland gave the government official bags filled with hundreds of thousands of dollars of cash

      What are 'official bags'? Are those the ones with a big dollar sign on the side?

      They're the ones *not* filled with hundreds of thousands of dollars of IOUs.

    2. Re:Official Bags by SparkleMotion88 · · Score: 2

      You have a bug in your parser.

    3. Re:Official Bags by Yakasha · · Score: 1

      HP Poland gave the government official bags filled with hundreds of thousands of dollars of cash

      What are 'official bags'? Are those the ones with a big dollar sign on the side?

      hmmmm too bad terrorists don't use "official bombs" with "bomb" written on the side.

      I miss batman...

  24. Soo.... by allquixotic · · Score: 1

    Since corporations are people too, when can it be placed on the public record that Hewlett-Packard has been officially incarcerated?

  25. Some bribery is required to operate in some places by ErichTheRed · · Score: 1

    It doesn't make it a good thing, but the reality of international business is that bribery is required if you want to do business in some countries. This looks like it was pretty overt though, so that's probably why they got caught. I work for a multinational that routinely has to ship equipment all over the world. There are some places like Africa and the Middle East where your stuff will never clear customs without someone getting paid, or you have to pay someone off to make sure it doesn't disappear. There's a whole shadowy "import/export freight forwarding" industry that companies use to avoid directly bribing customs officers and other civil servants. It's kind of like a cash business owner cheating on his taxes -- no one ever talks about it, but you know it's happening to some extent. The bribe money is included in the freight fees so that companies can pretend it doesn't happen.

    Paying off some underpaid civil servant is one thing - it sounds like HP was directly giving money to top government officials. That's where the real line is when you're talking about punishable bribery. I wonder how they got caught -- it sounds like they had a pretty elaborate system set up. The only thing I can think of is that someone tipped them off because they didn't get paid enough or they were jealous when they found out someone else was getting a big payday. Once you start paying bribes or extortion money, you have to realize it will never stop.

  26. Re:Some bribery is required to operate in some pla by nedlohs · · Score: 1

    Which is why those payments have an explicit exemption in FCPA - making it completely different from a cash business owner committing tax evasion.

  27. Bribery's Sin is Relative by eepok · · Score: 1

    Countries most likely to require a bribe (per Transparency International)

    1. Russia
    2. China
    3. Mexico
    4. Indonesia
    5. United Arab Emirates
    6. Argentina
    7. Saudi Arabia
    8. Turkey
    9. India
    10. Taiwan

    Sometimes bribery is just expected. Russians have been brow-beaten by their ruling class(es) since the dawn of time. If you were to moan about paying a bribe there, grandmother passers-by would tell you to nut up and just get it done. In China, it's simply an expected part of business-- gifts of all sorts and money are expected when visiting offices, homes, and closing deals. Mexico's just messed up. They've not had a stable government since the narco cartels took over.

  28. According to FCPA, both individual and company by mekkab · · Score: 1

    If my FCPA training is worth anything, both you and your company can be on the hook for fines and jail time. But I don't know what the specifics are with this case.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  29. Oh Megan by LifesABeach · · Score: 1

    Say it aint so!