"(T)o say that the individual is culturally constituted has become a truism. . . . We assume, almost without question, that a self belongs to a specific cultural world much as it speaks a native language." James Clifford

Saturday, February 24, 2018

Novartis Invested for Bribery in the E.U.: On the Ethics of Suffering

Two former prime ministers, the central bank governor, and the federal commissioner for migration stood accused by prosecutors in the E.U. state of Greece of receiving bribes from Novatis “in exchange for fixing the price of its medicines at artificially high levels and increasing” the company’s access in the state.[1] The state legislature voted in February, 2018 to investigate the accusations and to vote by secret ballot at the conclusion of the investigation on whether to revoke immunity, which would be necessary for any of the accused to be indicted. The prime minister at the time, Alexis Tsipras, said, “Those who enriched themselves from human pain must suffer the consequences.”[2] This statement reveals an ethical truism of sorts—namely, that people who knowingly cause others pain should suffer.  It is right, in other words, that they suffer.
A gay man, for instance, who knowingly risks infecting sex partners with HIV by lying to them may receive less sympathy if he becomes ill. Mortgage producers who knowingly subject borrowers the likely risk of losing their respective homes deserve to suffer punishment. Suffering should be in balance. Yet the infliction of retributive suffering does not undo the original suffering. Whether or not the 10 politicians would suffer by being imprisoned would not bring back any patients who died because medications were too expensive. A corresponding suffering does not make the world fair; it merely makes the victims or their allies feel better by relieving their anger. But does this render the corresponding suffering ethical?
It is better, ethically speaking, to prevent the original suffering, for even adding a corresponding suffering does not undo the original for the victims. Novartis had been investigated for bribery in China, South Korea, Turkey, and the U.S. Why had the European Commission not held the company to close scrutiny? To look the other way concerning such a company is itself unethical because the original suffering could have been prevented.

For more on unethical business, see Cases of Unethical Business



[1] Nici Kitsantonis, “Did Novartis Bribe 10 Politicians? Greece Approves an Investigation,” The New York Times, February 23, 2018.
[2] Ibid.

The Commercial Media as Gate-Keepers Looking Down on Bloggers as "Non-Journalists"

In a few days during July in 2010, the American media was obsessed with Shirley Sherrod, who in a tightly edited video clip had made apparently-racist statements about not helping a caucasion farmer because he was caucasion. She was quickly fired by Tom Vilsak, the US Secretary of Agriculture, who, like the journalists and the NAACP, had failed to look at the full video.  The day after Sherrod was fired, the NAACP looked at the full video and realized that she was actually a racial healer rather than racist.  In the fuller video, she said, “I have come to realize that we have to work together … we have to overcome the divisions we have.”  Even as she used questionable language, such as “his own kind,” it should not be forgotten that the clan killed her father.  In other words, she deserves some slack.  At any rate, it was not long after the NAACP’s about-face that the agriculture department and the media were doing also doing an about-face. According to the NYT, “the White House and Mr. Vilsack offered their profuse apologies to her for the way she had been humiliated and forced to resign after a conservative blogger put out a misleading video clip that seemed to show her admitting antipathy toward a white farmer.”

Bill O’Reilly of Fox apologized—though while suggesting that Sherrod “very well could have seen things through a racial prism” and had been “blatantly partisan” on the job possibly in violation of the Hatch Act so she should not work in government.  O’Reilly was apologizing for not having done due diligence in “reporting” the story by watching the entire video before making a judgement. Like so many other journalists, he lept at the story without adequately checking the source—the video or Sherrod herself.  Even as the journalists were apologizing for their bad work, they wanted to distinguish themselves as journalists from the “blogger” or “activist” who had posted the edited video clip in the first place. O’Reilly promised his viewers that they could still come to him for good journalism even as he had gotten the story wrong.

Beyond the momentary obsession that the media enjoyed at Sherrod’s expense—the obsession itself being a problem missed by the journalists themselves—this case allows us to glimpse how journalism changed so much in the first decade of the twenty-first century. The case put journalists in the position of distinguishing themselves from bloggers when both had engaged in bad judgment. Hence Bill O’Reilly’s statement that his viewers could come to him for good reporting (rather than have to rely on bloggers) in spite of the fact that he had just engaged in bad journalism and may have done Sherrod another injustice even in his apology. To be sure, the blogger had erred in posting such an edited video clip without providing the context.  However, given the opining of many mainstream journalists who work for media companies and the actual news provided on blogs, the line between “journalist” and blogger are blurred.  Hence the journalists working for media companies were sure to distance themselves from the blogger, who they said was not a real journalist, even though they had all made the same mistake. Were there a clear distinction to be made between the journalists and the bloggers, the former would have done better work—but they didn’t.

Back in 1984 when Daniel Schorr was working at CNN, he objected to the network’s plan to couple him with John Connally, who had been the Governor of Texas and a Secretary of the Treasury, to cover the Republican Convention. It was improper, Mr. Schorr said, to mix a politician with a journalist. In 2010, journalists were saying that it was improper to mix a journalist with a blogger. By then, many television journalists were giving opinions, and were thus closer being politicians, while many bloggers were providing news even before the networks. Lest the journalists point to their educational credentials from schools of journalism, how many American journalists in the nineteenth or even the twentieth century majored in journalism?  Is learning on the job at a newspaper so much different than the entrepreneurs who free lance at their own blogs to provide news?  If these are so different, why didn’t the “journalists” in the Sherrod case catch rather than perpetuate the blogger’s mistake? The proof is in the pudding.

The fact is that many bloggers are able to provide news because a person does not have to study journalism to have access to some information that is new. As a blogger myself, I have not found myself in this position—hence I confine myself to providing analysis based on my years of formal education and on the news provided by others—bloggers or “journalists.”  I must admit that I am more apt to trust the news from a company simply because there are institutional requirements for verifying stories, though as the Sherrod case shows, a media company’s procedures are not always sufficient. The difference between a news company and a blogger is perhaps in the checking or verification function, rather than so much in the getting of news (though the companies have more resources).  Even so, news can come from a variety of sources—not just from people who have a BA in journalism.  As a consequence, there is more of a need for verification—precisely because there are so many blogger/entrepreneurs operating. To dismiss them by saying they are not really journalists is an over-reaction and ill-founded. However, to insist on due diligence and verification on any report is even more pressing. Perhaps rather than have their journalists invoke artificial diremptions, news organizations could hire or contract per piece with many of the bloggers who are providing news so the latter could have access to the organizational wherewithal to verify stories.  These bloggers would then have the advantages of being entrepreneurs and of having the wherewithal to do due diligence.

Daniel Schorr, a protégé of Edward R. Murrow at CBS News and an aggressive reporter who got into conflict with censors, the Nixon administration and network superiors would likely see the advantages that bloggers have in terms of freedom, while being worried (as I am as well) concerning the due diligence limitations faced by the entrepreneurs. He got his first scoop, which earned him $5, when he was 12. A woman fell or jumped from the roof of the apartment house where he lived, and he called the police, interviewed them about the victim and then called The Bronx Home News, which paid for news tips.  Had there been an internet, he likely would have been a blogger. Would that have made a difference?

While good to a point, a profession’s gate-keeping can be readily subverted into simply keeping people out who are otherwise doing good work. In spite of the Sherrod blogger, other bloggers have been providing news—otherwise, the media companies would not be citing them as sources. Rather than fighting the bloggers, the “journalists” who got the Sherrod story wrong might offer a hand; they might just find that they will be helped in return. News is like water in a stream—there are many feeder streams.  Moreover, the nature of news is freedom,which is inherently broad rather than circumscribed.  This is particularly so in a high-tech world where the internet has had a democratizing effect in expanding the sources of news and analysis.  In this context, we might be wise to remember Ben Franklin and Thomas Jefferson concerning the need for an educated electorate rather than try to monopolize information-getting to those in the club.

Source on Schoor: http://www.nytimes.com/2010/07/24/business/media/24schorr.html?_r=1&hp
Source on Sherrod: http://www.nytimes.com/2010/07/22/us/politics/22sherrod.html?scp=1&sq=sherrod&st=cse

Monday, February 19, 2018

How Much Economic Distance Is Justified?


The median household income in the U.S. in 2016 was about $60,000. The following year, Citibank’s CEO, Mike Corbat, received a 48% increase in compensation--$23 million. Goldman Sachs’ Lloyd Blankfein enjoyed a 9% rise, to $24 million. JP Morgan Chase’s Jamie Dimon received $29.5 million.[1] The sheer distance between the median and bank CEOs’ incomes not only begs the question—were the executive compensations justified?—but also raises the question—is such distance itself justified?

Saturday, February 17, 2018

God's Gold on Wall St.: A Vaunted Self-Assessment of God's Work

A year after the financial crisis of 2008, Lloyd Blankfein, the CEO of Goldman Sachs,  found himself vilified for his firm’s quick return to risky trading in spite of its new bank holding company status. Populist resentment at the time was especially pitted against the hefty bonuses from the trades. Also, people were upset about the benefits that the bank had obtained from the decisions of its alums in the U.S. Government—specifically, in the U.S. Department of the Treatury. For instance, Goldman Sachs and other AIG counterparties got a the dollar-for-dollar payout from AIG thanks to an infusion of funds for that specific purpose by Treasury. Regardless, in an interview with the London Times, the highest-paid CEO (at least in the financial sector) dismissed such talk and defended his money-making machine and its compensation.  In addition to being the engine of economic recovery, according to Blankfein, Goldman Sachs provides a social function in making capital available to companies so they can expand. Stunningly, he adds, “I’m doing God’s work.”[1]  Such a claim is a far cry indeed from Thomas Jefferson’s warning that banking institutions are more dangerous to our liberties than standing armies.[2]  Perhaps God intends to undo our liberties by bailing out the banks.

Besides these rather obvious problems with Blankfein's religious claim is his presumption to know what God's work is, and, furthermore, that he is doing it.   Even though a feckless system of corporate governance can enable a CEO to essentially function as his or her own boss, including doing the board's job of evaluating his or her own performance, it is a tall order for a human being to be able to evaluate his performance as God's work.   To be sure, it is possible that God is an intelligent being that bestows favor on his golden stewards for doing His work.

Lloyd Blankfein may have been involved in two conflicts of interest: 1) that of having excessive power over the board whose principal task it is to oversee him, 2) having communicated with GS alums in high posts in the U.S. Government (e.g., Hank Paulson) and perhaps having them enact policies on GS's behalf.   It may be that institutional and personal conflicts of interests can become so ubiquitous that they are simply not seen by the culprits. Furthermore, it could be that the denial enabled by a tacit presumptuousness is like a white movie screen on which even doing God's work can be projected. How ironic it is, that sordid proprietary interest could operate not merely under the subterfuge of being a neutral "market-maker," but also as God's work. Such work is two degrees of freedom away from squalid greed. So it is remarkable that the two could become conflated in a mind.

[1] John Arlidge, I’m doing ‘God’s work. Meet Mr. Goldman Sachs, The Sunday Times, 11/9/09.
[2] Thomas Jefferson to John Taylor, Monticello, May 28, 1816, in Paul L. Ford, ed., The Writings of Thomas Jefferson (New York: G.P. Putnam’s Sons, 1892-99),  XI, 533.

See related book: God's Gold and Essays on the Financial Crisis

Off Target: Corporate Spending as "Speech" against Gay Rights

In a 5-4 decision on January 21, 2010, the US Supreme Court ruled in Citizens United that federal restrictions on corporate spending in elections constituted a violation of free speech. Critics called it wrong to equate corporate “speech” with individual speech and said the ruling would allow special-interest money to flood election campaigns. The bipartisan nature of the opposition to this ruling is striking in these largely partisan times. The court’s ruling is opposed, respectively, by 76, 81 and 85 percent of Republicans, independents and Democrats; and by 73, 85 and 86 percent of conservatives, moderates and liberals. Majorities in all these groups, ranging from 58 to 73 percent, not only oppose the ruling but feel strongly about it. Even among people who agree at least somewhat with the Tea Party movement, which advocates less government regulation, 73 percent oppose the high court’s rejection of this particular law. In addition to overwhelming opposition to the decision, there’s also bipartisan support for Congress to try to reinstate restrictions on campaign spending by corporations and unions.

So when Target sent a check for $150,000 to MN Forward, a Minnesota-based political group backing a gubernatorial candidate with penchant for opposing gay rights, people wondered what business Target has in taking sides on that issue, even if the group was also pro-business. MN Forward endorsed and was paying for ads for the Republican gubernatorial candidate Tom Emmer. On Emmer’s website he defines marriage as a “union between one man and one woman” and he has come under fire for his $250 contribution to a Christian rockband that has been known to speak harshly of gays. Emmer told the Minnesota Star Tribune that the controversial rock band “You Can Run But You Cannot Hide,” were “nice people,” following band member Bradlee Dean’s reported comments that Muslim countries that support execution of gays are “more moral than even the American Christians.” To be sure, the managers of Target were not spending their companies’ “free speech” in defense of such a view, but that the wealth qua free speech was nonetheless being spent on a candidate who had made such a comment makes the Target CEO an unwitting accomplice.
Rather than viewing Target managers distancing themselves from Emmer’s view of gays as corporate social responsibility, I contend that the problem lies in taking spending as speech. Put another way, Target would have better stores if it sticked to its knitting, as it were.

Diverting money even to political campaign groups that further a pro-business agenda is off from the business’s main business, which in the case of Target is to sell retail. Besides the collateral damage from unwittingly helping campaigns on issues that are not even pro-business, diverting cash reserves to political campaigns puts corporations in the business of electoral politics, which is another sort of retail. In the case of Target, it is not as though the stores could not be improved from a business standpoint.  Once I accompanied a foreign friend of mine to a Target to return the coat he had given his wife for Christmas. Because he had paid by check, he had only the option, according to the “customer service” employee, of exchanging it. He could not get his money back—though he could have had he paid cash or by credit card. The “reasoning” of Target’s managers was that a check is “like kind” to an exchange voucher.  My friend and I left the store committed not to return, and I have not. Even in terms of influencing electoral politics in a pro-business general direction, Target’s management has plenty else to do closer to home—if indeed it is a home.  Rather than being socially responsible, a company ought to focus on its knitting.  That—doing business well—is the responsible thing to do because it is what a business’s owners expect from the managers of their property. Rather than being able to influence electoral politics beyond their expertise, managers ought to be restrained more by stronger corporate governance. To be sure, managers have a tendency to over-reach. Treating their spending decisions as “speech” only enbles them.

Sources:

http://blogs.abcnews.com/thenumbers/2010/02/in-supreme-court-ruling-on-campaign-finance-the-public-dissents.html

http://abcnews.go.com/Business/target-best-buy-fire-campaign-contributions-minnesota-candidate/story?id=11270194