When the revelations of crime and deception poured out of the executive
suites of Enron, Tyco, WorldCom and other corporations earlier this
year, politicians-particularly sitting members of the Senate and the
House of Representatives-unleashed a blizzard of news releases to
denounce corporate crime.
Never mind that many of these same politicians long had been neck-deep
in schemes to weaken (if not outright eliminate) regulation and remove
the regulatory cops needed to uncover and stop the kind of corporate
shenanigans that destroyed the Enrons and left thousands of workers
without jobs and pensions-and investors holding worthless stock of
bankrupt companies.
The politicians were betting that some well-honed news releases and a few speeches
expressing outrage back home would be enough to take voters' minds off
the scandals and the human misery left in the wake of the corporate excesses.
Unfortunately, it is probably a good bet. Too often in the past, that
has been the case-a quick outburst of anger and concern and then back
to business as usual.
When hundreds of savings and loans failed in the 1980s followed by the
greatest rash of bank collapses since the depression, there was a national
uproar and a string of Congressional investigations. Some regulatory reforms
did get through Congress, but less than a decade later the financial industry
was back on Capitol Hill demanding deregulation once again. Despite the
recent financial disasters, Congress agreed to the new deregulation in
1999-and many of the financial combinations created by that deregulation
are intertwined in the current corporate scandals.
Are we about to repeat this same sad cycle in dealing with the current
corporate fraud and crime wave that has cost millions of Americans
trillions of dollars? Will this year's headlines, a few limited reforms
and a tap on the wrist be the end result-with no real protections in
place for the public, investors, workers and the economy?
We should not allow such a result. We need to prove that our political
and economic system is better than that. We can make
lasting-effective-change as citizens. This time, we need to keep the
issues on the front burner until we have true reforms, not fake
facsimiles that do nothing but lull the public into a false sense of
security.
As part of that effort, I am asking candidates for the U. S. Senate and
the House of Representatives this year to sign a 10-point pledge which
contains provisions that will put teeth in the crackdown on corporate crime.
The pledge includes a promise that the candidate will support
legislation which would give shareholders the right to democratically
nominate and elect the board of directors and approve all major business
decisions such as mergers and acquisitions above $1 billion in value and
the compensation packages of top executives. The pledge would also
promise support for a ban on corporate criminals obtaining government
contracts and banning government contracts for companies that relocate
their headquarters offshore to avoid taxes.
Signers would also pledge to strengthen pension reforms and rein in
excessive pay for corporate chief executives as well as establishing a
federally-chartered non-profit Financial Consumers Association joined by
millions of American investors that would represent consumers before
legislative and regulatory bodies.
The pledge also contains a promise to repeal the notorious Private
Securities Litigation Reform Act (1995) which shields the aiders and
abetters of corporate crime, such as accounting and law firms, from
civil liability. The pledge also calls on signers to support the
regulation of derivatives trading.
Candidates would also pledge to support the establishment of a
Congressional Commission on Corporate Power to explore various legal and
economic proposals that would rein in unaccountable giant global
corporations. The commission would seek ways to improve on the current
state corporate chartering system and propose ways to correct the unfair
legal status of corporations such as the doctrine of corporate personhood.
In addition to holding political candidates' feet to the fire on
corporate crime, we need to continue to energize and enlist citizens in
the effort to crackdown on corporate crime. An upcoming effort in
mobilizing citizen support will be a rally on Wall Street on Friday,
October 4.
The rally, sponsored by Democracy Rising (see www.democracyrising.org)
is designed to focus attention to ongoing corporate crime and to propose remedies
to help shareholders, taxpayers, workers and consumers. The rally will be on the
steps of City Hall directly facing the New York Stock Exchange. Reformers are
going to take the issue right to the New York Stock Exchange.
Citizens across the nation have the power to change corporate behavior
if they will stick with the issue over the coming weeks and into the
next Congress. We will be pushing forward with the "The Candidate's
Pledge To Crackdown on Corporate Crime," but citizens should raise the
issue of corporate crime directly with Congressional candidates in their
hometowns and demand that they produce more than news releases and
speeches. This time we need to get real reform before the issues fade
and the politicians find another convenient rug under which the crimes
can be swept.
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