The combination of the back-from-the-dead passage of the Sarbanes-Oxley corporate
responsibility bill and the broadcast-ready perp walks of Adelphia's John Rigas
and WorldCom's Scott Sullivan may give the public the sense that corporate reform
is a done deal.
But nothing could be further from the truth.
And it's not just because of the long list of vital reforms still needed.
It's because the corporate crimes we've been so sickened by are only symptoms
of a much larger -- and more insidious -- crisis. In a bloodless coup, our government
by, for and of the people has been replaced by the dictatorship of the corporate
dollar.
Watching President Bush smile for the cameras as he signed Sarbanes-Oxley
-- a bill he never supported -- I couldn't help but wonder if the twinkle in his
eye was because he knew something the rest of us didn't. That for all his get-tough
promises -- "No more easy money for corporate criminals, just hard time" -- this
bill would actually do very little to change the level of corporate influence
over our government.
It made me think of the time a friend took a family trip on a cruise ship.
Her 10-year-old son kept pestering every crewmember he encountered, begging for
a chance to drive the massive ocean liner. The captain finally invited the family
up to the bridge, whereupon the boy grabbed hold of the wheel and began vigorously
turning it. My friend panicked -- until the captain leaned over and told her not
to worry, that the ship was on autopilot, and that her son's antic maneuvers would
have no effect.
It's the same with our leaders. They stand on the bridge making theatrical
gestures they claim will steer us in a new direction while, down in the control
room, the autopilot, programmed by politicians in the pocket of special interests,
continues to guide the ship of state along its predetermined course.
Take the much-ballyhooed corporate reform law. Although it's being presented
as a big win for the public interest, corporate lobbyists actually succeeded in
fighting off a whole slew of potential reforms: stock options still don't have
to be treated as a business expense, offshore tax havens are still allowed, and
there's been no pension fund reform. It's no accident that despite the high-profile
arrests no executives from the granddaddy of corporate scandals, the Enron collapse,
have been indicted. The simple, though hard-to-believe fact is that none of their
mendacious and mercenary maneuverings are clearly illegal -- and nothing in Sarbanes-Oxley
changes that.
What's more, industry lobbyists were able to water down many of the provisions
that actually made it into the bill, including those affecting the ability of
accounting firms to offer consulting services to the companies they audit -- a
major disease vector for dishonest bookkeeping. The law doesn't ban such double
dipping -- it only limits it. And even those limits can be overridden by the new
accounting oversight board.
A few more "victories" like this and we're going to lose the war.
It's really pretty astounding when you think of it: With all the public outrage
and media focus on corporate wrongdoing, moneyed interests are still able to outgun
or undermine the public interest -- as our political leaders shamelessly continue
dancing to their tune.
How else to explain the brazen hypocrisy exhibited by the president after
last week's ceremonial signing of the new bill? Less than eight hours after warning
corporate crooks "you will be exposed," he furtively issued an interpretation
of the law undercutting a provision designed to make it easier for employees to
-- you got it -- expose corporate crooks.
When the president's action was harshly criticized by the provision's bipartisan
co-sponsors, White House spokesman Ari Fleischer puffed out his chest and sniffed:
"Welcome to the statutes. That's why statutes are often complicated, and that's
why somebody created lawyers." In other words: "Forget it, Jake, it's Chinatown."
If these guys are this audacious now, I shudder to think what will be going
on a few months down the line, when the media's notoriously short attention has
moved on to Iraq or Ben and J-Lo or Ben and J-Lo's invasion of Iraq. On the other
hand, you can bet that corporate America -- with its Energizer Bunny lobbyists
and wide-open checkbooks -- will still be working overtime to ensure the perpetuation
of the status quo.
Over the last 10 years, corporations have doled out over $1.08 billion in
campaign contributions. And this down payment on preferential public policy has
extended across party lines, with $636 million going to Republicans and $449 million
to Democrats.
Yet Al Gore, in his New York Times j'accuse, still had the gall to lay the
blame for the current threat to "the future of democratic capitalism" squarely
at the feet of Republicans "bankrolled by a new generation of special interests."
What utter claptrap.
What makes the ongoing corporate crime wave not just a business scandal but
a political one, is precisely the fact that there is simply no consistent institutional
opposition to the corporate take-over of our politics -- certainly not from the
Democratic Party. It was, after all, Tom Daschle who blocked the stock option
amendment proposed by John McCain. And all but two Democratic senators have accepted
campaign contributions from WorldCom, Enron or Arthur Andersen.
No group is able to match the relentless lobbying and contributing by corporate
heavy-hitters. And until we have such a countervailing force -- one that will
storm the control room on the S.S. America and shut off the autopilot -- we are
doomed to live in a less and less democratic society.
Copyright © 1998-2002 Christabella, Inc.
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