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	<title>Dirt Diggers Digest &#187; Workplace Safety &amp; Health</title>
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	<description>chronicling corporate misbehavior (and how to research it)</description>
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		<title>Taking Corporate Farmers Off the Dole</title>
		<link>http://dirtdiggersdigest.org/archives/2113</link>
		<comments>http://dirtdiggersdigest.org/archives/2113#comments</comments>
		<pubDate>Fri, 06 May 2011 03:44:02 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Agribusiness]]></category>
		<category><![CDATA[Corporate Subsidies]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

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		<description><![CDATA[The signal from House Majority Leader Eric Cantor that Republicans are ready to consider cuts in farm subsidies may be a false alarm, like the one that Speaker John Boehner recently set off with regard to oil industry tax breaks. It’s quite possible that once Cantor and his colleagues take a closer look at the [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://farm.ewg.org/"><img class="alignright size-medium wp-image-2116" title="EWGFarmSubsidy Database" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2011/05/EWGFarmSubsidy-Database-300x137.jpg" alt="" width="300" height="137" /></a>The signal from House Majority Leader Eric Cantor that Republicans are ready to consider cuts in farm subsidies may be a false alarm, like the one that Speaker John Boehner recently set off with regard to oil industry tax breaks.</p>
<p>It’s quite possible that once Cantor and his colleagues take a closer look at the agricultural giveaways, they will realize that the biggest recipients are not traditional farmers but large corporations—the GOP’s primary constituency these days.</p>
<p>Unlike the oil subsidies, which consist of tax preferences available to the entire industry, farm subsidies are direct payments from Uncle Sam to specific parties. A large portion of those payments go to a small number of beneficiaries. Of the <a href="http://farm.ewg.org/progdetail.php?fips=00000&amp;progcode=total&amp;page=conc&amp;regionname=theUnitedStates" target="_blank">$247 billion paid out since 1995</a>, one-quarter of the total has gone to the top 1 percent of recipients, and three-quarters to the top 10 percent.</p>
<p>Thanks to the efforts of the Environmental Working Group—whose president Ken Cook <a href="http://farm.ewg.org/summary.php" target="_blank">describes</a> the subsidy system as a “contraption that might have sprung from the fevered anti-government fantasies of tea party cynics if Congress hadn&#8217;t thought it up first”—you can go to a <a href="http://farm.ewg.org/" target="_blank">website</a> and search by name or ZIP code to see exactly how much has been paid out to any individual or business.</p>
<p>EWG also helpfully provides various <a href="http://farm.ewg.org/region.php?fips=00000&amp;regname=UnitedStatesFarmSubsidySummary" target="_blank">national compilations</a> that show which beneficiaries have had their snouts deepest into the federal trough. By far the biggest cumulative winners are Riceland Foods ($554 million) and Producers Rice Mill Inc. ($314 million). These are both technically cooperatives, but there is little to distinguish them from other agribusiness giants. Riceland, with revenues of more than $1 billion, is the world’s largest rice miller and one of the country’s largest grain storage firms. It sells rice products to foodservice operators and directly to consumers.</p>
<p>A more interesting entry in the top ten is Pilgrim’s Pride, with cumulative subsidies of $26 million. With a history of health and safety problems, labor abuses and financial instability, it is one of the most controversial corporations in the U.S. agribusiness sector.</p>
<p>The company, which tends to refer to itself these days simply as Pilgrim’s (apparently, the pride is gone), was built by Texas chicken farmer Lonnie “Bo” Pilgrim into a poultry powerhouse through a series of aggressive acquisitions that began in the 1970s. Bo did not let the niceties get in the way. He once handed out campaign contribution checks to Texas lawmakers right on the floor of the legislature. His chicken plants were criticized by labor advocates for creating an epidemic of worker injuries and by animal rights advocates for treating the chickens inhumanely.</p>
<p>In 2002 the company had to recall a record 27 million pounds of poultry products after an outbreak of Listeria at a plant run by its Wampler Foods subsidiary. In 2007 Pilgrim&#8217;s was sued by the U.S. Department of Labor for overtime violations and later had to distribute more than $1 million in back pay. In 2008 federal officials raided Pilgrim’s plants in five states and arrested hundreds of workers for immigration violations. The company later paid $4.5 million to settle charges of hiring undocumented workers.</p>
<p>Saddled with debt from a $1.3 billion acquisition of rival Gold Kist, Pilgrim’s filed for Chapter 11 bankruptcy in 2008, leading to the closing of plants, the elimination of thousands of jobs and the cancellation of contracts with many of its captive farmers. In 2009 Pilgrim’s emerged from bankruptcy after being taken over by Brazilian meat mega-producer JBS, which also gained control of Swift &amp; Company.</p>
<p>Federal farm subsidies have no doubt provided essential assistance to some family farmers in times of need, but too much of the money has gone to the likes of Pilgrim’s Pride. After years in which this waste has survived despite endless criticism, perhaps the time has finally come when these corporate giveaways will be curtailed.</p>
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		<title>The Dark Side of Family Business</title>
		<link>http://dirtdiggersdigest.org/archives/1588</link>
		<comments>http://dirtdiggersdigest.org/archives/1588#comments</comments>
		<pubDate>Fri, 27 Aug 2010 04:47:20 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Agribusiness]]></category>
		<category><![CDATA[Climate Change]]></category>
		<category><![CDATA[Corporate Crime]]></category>
		<category><![CDATA[Corporate front groups]]></category>
		<category><![CDATA[Corporate Subsidies]]></category>
		<category><![CDATA[Environment]]></category>
		<category><![CDATA[Petroleum Industry]]></category>
		<category><![CDATA[Regulation]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

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		<description><![CDATA[Americans love entrepreneurship, and no form of it is more celebrated than the family business. Most of us distrust big banks and giant corporations, but who doesn’t have warm feelings about mom and pop companies or family farms? These are the types of firms that politicians of all stripes want to shower with tax breaks [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/08/eggs.jpg"><img class="alignright size-full wp-image-1592" title="eggs" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/08/eggs.jpg" alt="" width="213" height="151" /></a>Americans love entrepreneurship, and no form of it is more celebrated than the family business. Most of us distrust big banks and giant corporations, but who doesn’t have warm feelings about mom and pop companies or family farms? These are the types of firms that politicians of all stripes want to shower with tax breaks and other forms of government assistance.</p>
<p>The problem is that family enterprises, like pet alligators, may start out as small and cuddly but can grow into large and dangerous monsters. We’ve seen two examples of this recently in connection with the family-owned oil company Koch Industries and the egg empire controlled by the DeCoster Family.</p>
<p>Koch Industries and its principals David and Charles Koch are the subject of a <a href="http://www.newyorker.com/reporting/2010/08/30/100830fa_fact_mayer" target="_blank">detailed article</a> in <em>The New Yorker</em> by Jane Mayer. Much of the information in the piece has previously come out in blogs, websites and muckraking reports by environment groups, but she does a good job of consolidating those revelations and presenting them in a prestigious outlet.</p>
<p>Mayer describes how the Kochs, who are worth billions, have for decades used their fortune to bankroll a substantial portion of rightwing activism and are currently the big money behind groups such as Americans for Prosperity that are helping coordinate the purportedly grassroots Tea Party movement. What makes the Kochs especially insidious is that they use the guise of philanthropy to fund organizations promoting policy positions – environmental deregulation and global warming denial – that directly serve the Koch corporate interests, which include some of the country’s most polluting and greenhouse-gas-generating operations. The Kochs also contribute heavily to mainstream philanthropic causes such as the Metropolitan Opera and the Sloan-Kettering Cancer Center to win influential allies and gain respectability.</p>
<p>The DeCosters, whose egg business is at the center of the current salmonella outbreak, are not in the same social circles as the Kochs, but they have an even more egregious record of business misconduct. Hiding behind deceptively modest company names such as Wright County Egg, the family, led by Jack DeCoster, has risen to the top of the egg business while running afoul of a wide range of state and federal regulations.</p>
<p>As journalists such as Alec MacGillis of the <em>Washington Post</em> have <a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/08/21/AR2010082102822.html" target="_blank">recounted</a>, the DeCosters have paid millions of dollars in fines for violating environmental regulations (manure spills), workplace health and safety rules (workers forced to handle manure and dead chickens with their bare hands), immigration laws (widespread employment of undocumented workers), animal protection regulations (hens twirled by their necks, kicked into manure pits to drown and subjected to other forms of cruelty), wage and hour standards (failure to pay overtime), and sex discrimination laws (female workers from Mexico molested by supervisors).</p>
<p>Their lawlessness dates back decades. A November 11, 1979 article in the <em>Washington Post</em> about Jack DeCoster’s plan to expand from his original base in Maine to the Eastern Shore of Maryland states that he was leaving behind “disputes over child labor, union organizing drives and citations for safety violations.” In 1988 the Maryland operation was barred from selling its eggs in New York State after an outbreak of salmonella. In 1996 the Occupational Safety and Health Administration fined the DeCosters $3.6 million for making its employees toil in filth. Then-Labor Secretary Robert Reich said conditions were “as dangerous and oppressive as any sweatshop we have seen.”</p>
<p>The DeCosters were notorious enough to be featured in a 1999 report by the Sierra Club called <em>Corporate Hogs at the Public Trough</em>.  The title referred to the fact that concentrated animal feeding operations (CAFOs) such as those operated by the DeCosters were receiving substantial federal subsidies despite their dismal regulatory track record.</p>
<p>Articles about Jack DeCoster invariably describe him as self-made and hard-working. “Jack doesn’t fish, he doesn’t hunt, he doesn’t go to nightclubs,” a farmer in Maine <a href="http://www.nytimes.com/1996/08/29/us/in-maine-egg-empire-is-under-fire.html" target="_blank">told</a> the <em>New York Times</em> in 1996. “He does business — 18 hours a day.” He was recently <a href="http://abcnews.go.com/Business/jack-decoster-man-egg-recall/story?id=11440513" target="_blank">described</a> as a “born-again Baptist who has contributed significant amounts of money to rebuild churches in Maine and in Iowa.”</p>
<p>Like the Kochs, DeCoster apparently thinks that some philanthropic gestures will wipe away a multitude of business transgressions. Yet no amount of charitable giving can change the fact that these men grew rich by disregarding the well-being of workers, consumers and the earth. Such are the family values of these family businessmen.</p>
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		<title>Federalize BP</title>
		<link>http://dirtdiggersdigest.org/archives/1403</link>
		<comments>http://dirtdiggersdigest.org/archives/1403#comments</comments>
		<pubDate>Fri, 28 May 2010 04:08:47 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Corporate Crime]]></category>
		<category><![CDATA[Environment]]></category>
		<category><![CDATA[Nationalization]]></category>
		<category><![CDATA[Petroleum Industry]]></category>
		<category><![CDATA[Regulation]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

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		<description><![CDATA[President Obama’s declaration that the federal government is in charge of the response to the oil disaster in the Gulf of Mexico is apparently meant to deflect Katrina comparisons and show that his administration is fully engaged. With that p.r. mission accomplished, Obama now needs to turn to the question of what to do about [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/05/spillcam-AP.jpg"><img class="alignright size-full wp-image-1407" title="spillcam AP" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/05/spillcam-AP.jpg" alt="" width="192" height="142" /></a>President Obama’s <a href="http://www.whitehouse.gov/the-press-office/remarks-president-gulf-oil-spill" target="_blank">declaration</a> that the federal government is in charge of the response to the oil disaster in the Gulf of Mexico is apparently meant to deflect Katrina comparisons and show that his administration is fully engaged. With that p.r. mission accomplished, Obama now needs to turn to the question of what to do about BP.</p>
<p>As a helpful Congressional Research Service <a href="http://assets.opencrs.com/rpts/RL33705_20100430.pdf" target="_blank">report</a> points out, the Oil Pollution Act of 1990 gives the federal government three options: monitor the efforts of the spiller, direct the efforts of the spiller, or do the clean-up itself. So far, the Obama Administration has followed the second path and resisted growing pressure to “federalize” the response.</p>
<p>This was said to be necessary because the feds do not have the technical expertise to handle a deepwater leak. As Coast Guard Adm. Thad Allen, the National Incident Commander, <a href="http://www.whitehouse.gov/the-press-office/press-briefing-press-secretary-robert-gibbs-admiral-thad-allen-and-assistant-presid" target="_blank">put it</a>: “To push BP out of the way would raise the question of: Replace them with what.”</p>
<p>The idea that the government is completely dependent on BP to stop the leak is a dismaying thought. But even if it’s true, it no longer applies once the gusher is brought under control. When the center of attention shifts from 9,000 feet below the surface to the clean-up, there is no reason why BP should continue to run things.</p>
<p>The simple fact is that the company cannot be trusted. As Obama himself noted, the company’s interests diverge from those of the public when it comes to assessing the true extent of the damage and deciding what is necessary in the way of remediation. Keep in mind that BP’s total liability will be determined at least in part by the final estimate of how much oil its screw-ups caused to be released into the ocean. It has every incentive to obscure the full magnitude of the catastrophe.</p>
<p>The company’s motivation in employing massive quantities of the controversial chemical Corexit may have had more to do with dispersing evidence of the spill than with helping the ecosystem of the gulf recover. BP had to be <a href="http://www.businessweek.com/news/2010-05-03/obama-pledges-to-spare-no-effort-to-help-gulf-cope-update1-.html" target="_blank">pressured</a> to back off from a plan to have clean-up workers sign confidentiality agreements to prevent them from disclosing what they observed. The company <a href="http://markey.house.gov/index.php?option=com_content&amp;task=view&amp;id=3986&amp;Itemid=15" target="_blank">resisted</a> making public the <a href="http://globalwarming.house.gov/spillcam/" target="_blank">live video feed </a>showing the full force of the oil spewing out of the wrecked well and then <a href="http://www.nytimes.com/gwire/2010/05/27/27greenwire-noaa-chief-bp-delayed-video-feed-necessary-to-62905.html" target="_blank">delayed</a> making a high-definition version of that video available to federal investigators.</p>
<p>For BP, job one is now not clean-up but cover-up. Allowing it to manage the ongoing response would be akin to allowing the prime suspect in a mass murder to assist in processing the crime scene.</p>
<p>Taking operational control of the clean-up away from BP should be a no-brainer, but it is not enough. This is a company that has <a href="http://www.crocodyl.org/wiki/bp" target="_blank">repeatedly shown itself</a> to be reckless about safety precautions. The gulf disaster comes on the heels of previous incidents—a 2005 explosion at a refinery in Texas that killed 15 workers and a 2006 series of oil spills at its operations in the Alaskan tundra—in connection with which it pleaded guilty to criminal charges and paid large fines. It was also put on probation that has not yet expired.</p>
<p>An individual who violates probation can be deprived of liberty through imprisonment. A giant corporation that violates its probation—as BP undoubtedly has done by breaking various federal and state laws in its actions precipitating the Deepwater Horizon explosion—cannot be put behind bars, but it can be deprived of freedom of action.</p>
<p><a href="http://www.ussc.gov/2009guid/GL2009.pdf" target="_blank">Federal sentencing guidelines</a> (p.534) allow probation officers to monitor the finances of a business or other organization under their supervision. In BP’s case, the issue is safety. One way to ensure that the company acts responsibly is to station inspectors inside all of its U.S. operations (at BP’s expense) to oversee any operational decision that could impact the safety of workers and the environment. Those inspectors would also make it harder for the company to cover up the full extent of what it has done to the Gulf Region.</p>
<p>In other words, the Obama Administration should federalize not only the Gulf of Mexico clean-up but BP itself. That would show that the government really is in charge until we can be sure that the oil giant is no longer a public menace.</p>
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		<title>Punishments that Fit BP’s Crimes</title>
		<link>http://dirtdiggersdigest.org/archives/1389</link>
		<comments>http://dirtdiggersdigest.org/archives/1389#comments</comments>
		<pubDate>Fri, 21 May 2010 04:46:28 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Corporate "Social Responsibility"]]></category>
		<category><![CDATA[Corporate Crime]]></category>
		<category><![CDATA[Corporate Lobbying]]></category>
		<category><![CDATA[Environment]]></category>
		<category><![CDATA[Tax avoidance/evasion]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

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		<description><![CDATA[Few things enrage the American public more than hearing about a criminal who is given a light sentence and then commits another offense. This scenario is not limited to murderers and rapists. Corporations can also be recidivists. We’re currently contending with such a culprit in the (corporate) person of BP. The oil giant’s apparent negligence [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/05/getoutofjailfree.jpg"><img class="alignright size-medium wp-image-1391" title="getoutofjailfree" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/05/getoutofjailfree-300x173.jpg" alt="" width="240" height="138" /></a>Few things enrage the American public more than hearing about a criminal who is given a light sentence and then commits another offense. This scenario is not limited to murderers and rapists. Corporations can also be recidivists.</p>
<p>We’re currently contending with such a culprit in the (corporate) person of BP. The oil giant’s apparent negligence in connection with the ongoing disaster in the Gulf of Mexico comes on the heels of two previous major accidents in which the company was found culpable: a 2005 explosion at a refinery in Texas that killed 15 workers and a 2006 series of oil spills at its operations in the Alaskan tundra.</p>
<p>Those earlier cases are not just another blot on BP’s blemished <a href="http://www.crocodyl.org/wiki/bp" target="_blank">track record</a>. In both instances the company was compelled to plead guilty to a criminal charge and not only heavily fined but also put on probation for three years. On a single day in October 2007, the U.S. Justice Department <a href="http://www.justice.gov/opa/pr/2007/October/07_ag_850.html" target="_blank">announced</a> these plea agreements along with the resolution of another criminal case in which BP was charged with manipulation of the market for propane. In the latter case, prosecution of BP was deferred on the condition that the company pay penalties of more than $300 million and be subjected to an independent monitor for three years.</p>
<p>In other words, at the time that BP engaged in behavior that contributed to the Gulf catastrophe, it was under the supervision of federal authorities for three different reasons. Although the terms of the probation and independent monitor agreements refer to the parts of BP’s business involved in the offenses, federal law (18 USC Section 3563) requires that “a defendant not commit another Federal, State, or local crime during the term of probation.”</p>
<p>Given the distinct possibility that BP will face new criminal charges, the question arises: what would be a suitable punishment? When an individual violates his or her probation by committing a new offense, the usual result is imprisonment. Federal <a href="http://www.ussc.gov/2009guid/GL2009.pdf" target="_blank">sentencing guidelines</a> say that when an organizational defendant commits such a violation, the remedy is to extend the period of the probation.</p>
<p>That hardly seems adequate in the case of an egregious repeat offender such as BP. Just as an individual loses certain rights when imprisoned, so should a corporate probation violator face serious consequences. Here are some possibilities:</p>
<ul>
<li>Ineligibility for federal contracts. BP is among the <a href="http://www.fedspending.org/fpds/tables.php?tabtype=t2&amp;subtype=t&amp;year=2009" target="_blank">top 30</a> federal contractors. That privilege should be suspended.</li>
<li>Ineligibility for federal drilling leases. BP has shown itself to be reckless when it comes to drilling. It should no longer be able to obtain leases to drill on public lands or in public waters.</li>
<li>Ineligibility for federal tax incentives. Like other oil companies, BP receives a variety of <a href="http://www.ctj.org/pdf/energy07022008.pdf" target="_blank">special tax advantages</a> such as writeoffs of intangible drilling costs. It should be denied such benefits.</li>
<li>Suspension of the right to lobby. <a href="http://www.opensecrets.org/lobby/clientsum.php?year=2009&amp;lname=BP&amp;id=" target="_blank">According to</a> the Open Secrets database, BP spent nearly $16 million last year on federal lobbying. As a probation violator, it should be barred from trying to influence public policy.</li>
<li>Moratorium on image-burnishing advertisements. As the Gulf debacle continues, BP is spending heavily on advertising to convey the message that it is doing everything in its power to address the problem. Once it is designated a probation violator, it should be barred from that sort of crisis marketing.</li>
<li>Public admission of fault. At the point that BP pleads guilty to another criminal offense, an appropriate penalty might be to force it to take the money now being spent to repair its image and use it to run ads admitting its misbehavior. Nothing would be more satisfying than hearing BP admit that its purported devotion to corporate social responsibility has been a sham.</li>
</ul>
<p>No doubt there are legal barriers to such measures, but we need to go beyond the current wrist-slapping approach to the punishment of corporate crime and create deterrents that once and for all get the likes of BP to take safety and environmental regulations seriously.</p>
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		<title>Bad Karma in the Gulf of Mexico Oil Disaster</title>
		<link>http://dirtdiggersdigest.org/archives/1353</link>
		<comments>http://dirtdiggersdigest.org/archives/1353#comments</comments>
		<pubDate>Fri, 07 May 2010 06:25:11 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Environment]]></category>
		<category><![CDATA[Petroleum Industry]]></category>
		<category><![CDATA[Tax avoidance/evasion]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

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		<description><![CDATA[British Petroleum is, rightfully, taking a lot of grief for the massive oil spill in the Gulf of Mexico, but we should save some of our vituperation for Transocean Ltd., the company that leased the ill-fated Deepwater Horizon drilling rig to BP. Transocean is no innocent bystander in this matter. It presumably has some responsibility [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/05/deepwaterhorizon1.jpg"><img class="alignright size-medium wp-image-1361" title="deepwaterhorizon" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2010/05/deepwaterhorizon1-300x231.jpg" alt="" width="240" height="185" /></a>British Petroleum is, rightfully, taking a lot of grief for the massive oil spill in the Gulf of Mexico, but we should save some of our vituperation for Transocean Ltd., the company that leased the ill-fated Deepwater Horizon drilling rig to BP. Transocean is no innocent bystander in this matter. It presumably has some responsibility for the safety condition of the rig, which its employees helped operate (nine of them died in the April 20 explosion).</p>
<p>Transocean also brings some bad karma to the situation. The company, the world’s largest offshore drilling contractor, is the result of a long series of corporate mergers and acquisitions dating back decades. One of the firms that went into that mix was Sedco, which was founded in 1947 as Southeastern Drilling Company by Bill Clements, who would decades later become a conservative Republican governor of Texas.</p>
<p>In 1979 a Sedco rig in the Gulf of Mexico leased to a Mexican oil company experienced a blowout, resulting in what was at the time the worst oil spill the world had ever seen. As he surveyed the oil-fouled beaches of the Texas coast, Gov. Clements made the memorable remarks: “There’s no use in crying over spilled milk. Let’s don’t get excited about this thing” (<em>Washington Post</em> 9/11/1979).</p>
<p>At the time, Sedco was being run by Clements’s son, and the family controlled the company’s stock. The federal government sued Sedco over the spill, claiming that the rig was unseaworthy and its crew was not properly trained. The feds sought about $12 million in damages, but Sedco drove a hard bargain and got away with paying the government only $2 million. It paid about the same amount to settle lawsuits filed by fishermen, resorts and other Gulf businesses. Sedco was sold in 1984 to oil services giant Schlumberger, which transferred its offshore drilling operations to what was then known as Transocean Offshore in 1999.</p>
<p>In 2000 an eight-ton anchor that accidentally fell from a Transocean rig in the Gulf of Mexico ruptured an underwater pipeline, causing a spill of nearly 100,000 gallons of oil. In 2003 a fire broke out on a company rig off the Texas coast, killing one worker and injuring several others. As has been <a href="http://www.chron.com/disp/story.mpl/business/6990274.html" target="_blank">reported</a> in recent days, a series of fatal accidents at company operations last year prompted the company to cancel executive bonuses.  It’s also come out that in 2005 a Transocean rig in the North Sea had been <a href="http://www.telegraph.co.uk/finance/newsbysector/energy/oilandgas/7683245/Gulf-of-Mexico-oil-spill-Transocean-BP-rig-had-safety-valve-problem-in-UK.html" target="_blank">cited</a> by the UK’s Health and Safety Executive for a problem similar to what apparently caused the Gulf accident.</p>
<p>Safety is not the only blemish on Transocean’s record. It is one of those companies that engaged in what is euphemistically called <a href="http://www.corp-research.org/archives/jun02.html" target="_blank">corporate inversion</a>—moving one’s legal headquarters overseas to avoid U.S. taxes. Transocean first moved its registration to the Cayman Islands in 1999 and then to Switzerland in 2008. It kept its physical headquarters in Houston, though last year it moved some of its top officers to Switzerland to be able to claim that its principal executive offices were there.</p>
<p>In addition to skirting U.S. taxes, Transocean has allegedly tried to avoid paying its fair share in several countries where its subsidiaries operate. The company’s 10-K annual report <a href="http://www.sec.gov/Archives/edgar/data/1451505/000145150510000023/form10-k2009.htm#item2" target="_blank">admits</a> that it has been assessed additional amounts by tax authorities in Brazil and that it is the subject of civil and criminal tax investigations in Norway.</p>
<p>In 2007 there were <a href="http://www.bloomberg.com/apps/news?pid=20601070&amp;refer=home&amp;sid=aEBP7qiwyPv4" target="_blank">reports</a> that Transocean was among a group of oil services firms being investigated for violations of the Foreign Corrupt Practices Act in connection with alleged payoffs to customs officials in Nigeria. No charges have been filed.</p>
<p>An army of lawyers will be arguing over the relative responsibility of the various parties in the Gulf spill for a long time to come. But one thing is clear: Transocean, like BP, brought a dubious legacy to this tragic situation.</p>
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		<title>The Corporate Crime Fighting Budget</title>
		<link>http://dirtdiggersdigest.org/archives/332</link>
		<comments>http://dirtdiggersdigest.org/archives/332#comments</comments>
		<pubDate>Fri, 27 Feb 2009 05:05:01 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Corporate Crime]]></category>
		<category><![CDATA[Corporate Lobbying]]></category>
		<category><![CDATA[Healthcare]]></category>
		<category><![CDATA[Mining Industry]]></category>
		<category><![CDATA[Petroleum Industry]]></category>
		<category><![CDATA[Product Safety]]></category>
		<category><![CDATA[Regulation]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

		<guid isPermaLink="false">http://dirtdiggersdigest.org/?p=332</guid>
		<description><![CDATA[The call to boost taxes on the wealthy to start paying for healthcare reform is not the only refreshing thing about the budget outline just released by the Obama Administration. There is also a marked shift toward tighter regulation of business. Here are some features of what might be called the Corporate Crime Fighting Budget: [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2009/02/orszag.jpg"><img class="alignright size-medium wp-image-333" style="float: right;" title="orszag" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2009/02/orszag-300x212.jpg" alt="" width="240" height="212" /></a>The call to boost taxes on the wealthy to start paying for healthcare reform is not the only refreshing thing about the budget outline just released by the Obama Administration. There is also a marked shift toward tighter regulation of business. Here are some features of what might be called the Corporate Crime Fighting Budget:</p>
<p><strong>Cracking down on corporate polluters</strong>. The <a href="http://www.whitehouse.gov/omb/assets/fy2010_new_era/Environmental_Protection_Agency1.pdf">Environmental Protection Agency</a>—a joke during the Bush Administration—is slated for a 34 percent increase in funding. This would result in a hike in the budget for core functions such as enforcement to $3.9 billion, an all-time high for the agency.</p>
<p><strong>Cracking down on abusive employers</strong>. Obama wants the <a href="http://www.whitehouse.gov/omb/assets/fy2010_new_era/Department_of_Labor.pdf">Department of Labor</a>—another agency enervated by the Bush crowd—to get a smaller increase than EPA, but the additional funds are intended to rebuild DOL’s responsibilities in workplace monitoring. The budget document proposes to “increase funding for the Occupational Safety and Health Administration, enabling it to vigorously enforce workplace safety laws and whistleblower protections, and ensure the safety and health of American workers; increase enforcement resources for the Wage and Hour Division to ensure that workers are paid the wages that are due them; and boost funding for the Office of Federal Contract Compliance Programs, which is charged with pursuing equal employment opportunity and a fair and diverse Federal contract workforce.”</p>
<p><strong>Prosecuting white-collar crooks</strong>. The section on the <a href="http://www.whitehouse.gov/omb/assets/fy2010_new_era/Department_of_Justice.pdf">Justice Department</a> in the budget document says that the Administration will seek [not yet quantified] “resources for additional FBI agents to investigate mortgage fraud and white collar crime and for additional Federal prosecutors, civil litigators and bankruptcy attorneys to protect investors, the market, the Federal Government’s investment of resources in the financial crisis, and the American public.”</p>
<p><strong>Thwarting purveyors of tainted food</strong>. The Administration plans to “take steps to improve the safety of the Nation’s supply of meat, poultry and processed egg products and to ensure that these products are wholesome, and accurately labeled and packaged.” The proposed budget for the <a href="http://www.whitehouse.gov/omb/assets/fy2010_new_era/Department_of_Agriculture1.pdf">Agriculture Department</a> “provides additional resources to improve food safety inspection and assessment and the ability to determine food safety risks. This will lead to a reduction in foodborne illness and improve public health and safety.” The Food and Drug Administration, which is under the auspices of the <a href="http://www.whitehouse.gov/omb/assets/fy2010_new_era/Department_of_Health_and_Human_Services1.pdf">Department of Health and Human Services</a>, would also get a hike in funding.</p>
<p><strong>Restricting plunderers of national resources</strong>. The section of the budget document on the <a href="http://www.whitehouse.gov/omb/assets/fy2010_new_era/Department_of_the_Interior.pdf">Interior Department</a> outlines the Administration’s intention to rein in the windfalls long enjoyed by extraction companies with leases to drill and mine on public lands. The plan includes “a new excise tax on offshore oil and gas production in the Gulf of Mexico to close loopholes that have given oil companies excessive royalty relief” as well as the imposition of user fees and more realistic royalties for oil and gas drilling on federal lands.</p>
<p><strong>Controlling drug and healthcare price gouging</strong>. The general <a href="http://www.whitehouse.gov/omb/assets/fy2010_new_era/Jumpstarting_The_Economy.pdf">framework</a> for healthcare reform released by the Administration as part of the budget document contains plans to slow down the growth in Medicare costs. This includes a proposal to force providers of privatized coverage under the name of Medicare Advantage to participate in competitive bidding. Medicare drug costs would be reined in by tightening oversight of Part D spending and by preventing brand-name pharmaceutical companies from paying generic drug producers to keep their low-cost products off the market.</p>
<p>To these should be added tax proposals that would put an end to various boondoggles that have enriched oil companies, hedge funds and other anti-social elements. Some of Obama’s proposals (especially regarding healthcare) do not go nearly far enough, but the budget as a whole represents a major break from the priorities of the Bush Administration. Though you would hardly know that from the geeky, matter-of-fact way it is being promoted by Budget Dirtector Peter Orszag (photo).</p>
<p>Budget documents are, of course, merely wish lists conveyed by the executive to the legislative branch. In the short term, the main impact of Obama’s blueprint will be to launch a massive wave of business lobbying. Now it is up to Congress to resist the entreaties of those paid persuaders and make it clear that the days of unchecked corporate giveaways have come to an end.</p>
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		<title>Not Quite Beyond Petroleum</title>
		<link>http://dirtdiggersdigest.org/archives/327</link>
		<comments>http://dirtdiggersdigest.org/archives/327#comments</comments>
		<pubDate>Fri, 20 Feb 2009 07:43:36 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Corporate Crime]]></category>
		<category><![CDATA[Environment]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

		<guid isPermaLink="false">http://dirtdiggersdigest.org/?p=327</guid>
		<description><![CDATA[For the past eight years, the oil giant formerly known as British Petroleum has tried to convince the world that its initials stand for “Beyond Petroleum.” An announcement just issued by the U.S. Environmental Protection Agency may suggest that the real meaning of BP is Brazen Polluter. The EPA revealed that BP Products North America [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2009/02/texascity.jpg"><img class="alignright size-medium wp-image-328" style="float: right;" title="texascity" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2009/02/texascity.jpg" alt="" width="220" height="165" /></a>For the past eight years, the oil giant formerly known as British Petroleum has tried to convince the world that its initials stand for “Beyond Petroleum.” An announcement just issued by the U.S. Environmental Protection Agency may suggest that the real meaning of BP is Brazen Polluter.</p>
<p>The EPA <a href="http://yosemite.epa.gov/opa/admpress.nsf/0/70AFE4F098BEB51F85257562006C2581">revealed</a> that BP Products North America will pay nearly $180 million to settle charges that it has failed to comply with a 2001 consent decree under which it was supposed to implement strict controls on benzene and benzene-tainted waste generated by the company’s vast oil refining complex in Texas City, Texas, located south of Houston.  Since the 1920s, benzene has been known to <a href="http://www.ncbi.nlm.nih.gov/pubmed/17718179">cause cancer</a>.</p>
<p>Among BP’s self-proclaimed <a href="http://www.bp.com/sectiongenericarticle.do?categoryId=9002636&amp;contentId=7005207">corporate values</a> is to be “environmentally responsible with the aspiration of ‘no damage to the environment’” and to ensure that “no one is subject to unnecessary risk while working for the group.” Somehow, that message did not seem to make its way to BP’s operation in Texas City, which has a dismal performance record.</p>
<p>The benzene problem in Texas City was supposed to be addressed as part of the $650 million <a href="http://www.usdoj.gov/opa/pr/2001/January/028enrd.htm">agreement</a> BP reached in January 2001 with the EPA and the Justice Department covering eight refineries around the country. Yet environmental officials in Texas later found that benzene emissions at the plant remained high. BP refused to accept that finding and tried to stonewall the state, which later <a href="http://www.amarillo.com/stories/030703/tex_bpagrees.shtml">imposed</a> a fine of $225,000.</p>
<p>In March 2005 a huge explosion (photo) at the refinery killed 15 workers and injured more than 170. The blast blew a hole in a benzene storage tank, contaminating the air so seriously that safety investigators could not enter the site for a week after the incident.</p>
<p>BP was later cited for egregious safety violations and paid a <a href="http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&amp;p_id=11589">record fine</a> of $21.4 million. Subsequently, a blue-ribbon panel chaired by former secretary of state James Baker III <a href="http://www.washingtonpost.com/wp-dyn/content/article/2007/01/16/AR2007011600208.html">found</a> that BP had failed to spend enough money on safety and failed to take other steps that could have prevented the disaster in Texas City. Still later, the company <a href="http://www.usdoj.gov/opa/pr/2007/October/07_ag_850.html">paid</a> a $50 million fine as part of a plea agreement on related criminal charges.</p>
<p>In an apparent effort to repair its image, BP has tried to associate itself with positive environmental initiatives. The company was, for instance, one of the <a href="http://www.greenjobsconference.org/site/c.rvI3IiNWJqE/b.4862075/k.DFBB/Sponsors.htm">primary sponsors</a> of the big Good Jobs/Green Jobs conference held in Washington earlier this month. Yet as long as BP operates dirty facilities such as the Texas City refinery, the company’s sunburst logo, its purported earth-friendly values and its claim of going beyond petroleum will be nothing more than blatant greenwashing.</p>
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		<title>Giant Mining Firm&#8217;s Social Responsibility Claims: Rhetoric or Reality?</title>
		<link>http://dirtdiggersdigest.org/archives/148</link>
		<comments>http://dirtdiggersdigest.org/archives/148#comments</comments>
		<pubDate>Fri, 01 Aug 2008 20:30:29 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Corporate "Social Responsibility"]]></category>
		<category><![CDATA[Corporations & Human Rights]]></category>
		<category><![CDATA[Environment]]></category>
		<category><![CDATA[Mining Industry]]></category>
		<category><![CDATA[Workplace Safety & Health]]></category>

		<guid isPermaLink="false">http://dirtdiggersdigest.org/?p=148</guid>
		<description><![CDATA[The recent decision by the U.S. Supreme Court to slash the damage award in the Exxon Valdez oil spill case and the indictment of Sen. Ted Stevens on corruption charges are not the only controversies roiling Alaska these days. The Last Frontier is also witnessing a dispute over a proposal to open a giant copper [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2008/08/anglocover1.jpg"><img class="alignleft size-medium wp-image-151" style="float: left; border: black 2px solid;" title="anglocover1" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2008/08/anglocover1-231x300.jpg" alt="" width="231" height="300" /></a>The recent decision by the U.S. Supreme Court to slash the damage award in the Exxon Valdez oil spill case and the indictment of Sen. Ted Stevens on corruption charges are not the only controversies roiling Alaska these days. The Last Frontier is also witnessing a dispute over a proposal to open a giant copper and gold mine by Bristol Bay, the headwaters of the world’s largest wild sockeye salmon fishery. Given the popularity of salmon among the health-conscious , even non-Alaskans may want to pay attention to the issue.</p>
<p>The Pebble mine <a href="http://www.pebblepartnership.com/">project</a> has been developed by Vancouver-based Northern Dynasty Ltd., but the real work would be carried out by its joint venture partner Anglo American PLC, one of the world’s largest mining companies. Concerned about the project and unfamiliar with Anglo American, two Alaska organizations—the <a href="http://www.renewableresourcescoalition.org/">Renewable Resources Coalition</a> and Nunamta Aulukestai (Caretakers of the Land)—commissioned a background report on the company, which has just been released and is available for download on a website called <a href="http://eyeonpebblemine.org/">Eye on Pebble Mine</a> (or at this <a href="http://eyeonpebblemine.org/wp-content/uploads/anglo_trackrecord_final1.pdf">direct PDF link</a>). I wrote the report as a freelance project.</p>
<p>Anglo American—which is best known as the company that long dominated gold mining in apartheid South Africa as well as diamond mining/marketing through its affiliate DeBeers—has assured Alaskans it will take care to protect the environment and otherwise act responsibly in the course of constructing and operating the Pebble mine. The purpose of the report is to put that promise in the context of the company’s track record in mining operations elsewhere in the world.</p>
<p>The report concludes that Alaskans have reason to be concerned about Anglo American. Reviewing the company’s own worldwide operations and those of its spinoff AngloGold in the sectors most relevant to the Pebble project—gold, base metals and platinum—the report find a troubling series of problems in three areas: adverse environmental impacts, allegations of human rights abuses and a high level of workplace accidents and fatalities.</p>
<p>The environmental problems include numerous spills and accidental discharges at Anglo American’s platinum operations in South Africa and AngloGold’s mines in Ghana. Waterway degradation occurred at Anglo American’s Lisheen lead and zinc mine in Ireland, while children living near the company’s Black Mountain zinc/lead/copper mine in South Africa were found to be struggling in school because of elevated levels of lead in their blood.</p>
<p>The main human rights controversies have taken place in Ghana, where subsistence farmers have been displaced by AngloGold’s operations and have not been given new land, and in the Limpopo area of South Africa, where villagers were similarly displaced by Anglo American’s platinum operations.</p>
<p>High levels of fatalities in the mines of Anglo American and AngloGold—more than 200 in the last five years—have become a major scandal in South Africa, where miners staged a national strike over the issue late last year.</p>
<p>Overall, the report finds that Anglo American’s claims of social responsibility appear to be more rhetoric than reality.  Salmon eaters beware.</p>
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		<title>“Shocking” and “Disgraceful”</title>
		<link>http://dirtdiggersdigest.org/archives/141</link>
		<comments>http://dirtdiggersdigest.org/archives/141#comments</comments>
		<pubDate>Wed, 30 Jul 2008 03:57:30 +0000</pubDate>
		<dc:creator>Phil Mattera</dc:creator>
				<category><![CDATA[Workplace Safety & Health]]></category>

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		<description><![CDATA[“Shocking” and “disgraceful” are not the sort of words we expect to hear from a corporate executive when referring to his or her own company, but that’s exactly what happened at a Senate hearing today about the conditions at Imperial Sugar. Those descriptors made up part of the testimony of Graham H. Graham, vice president [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2008/07/imperialsugar.jpg"><img class="alignleft size-medium wp-image-142" style="float: left;" title="Refinery Blast" src="http://dirtdiggersdigest.org/wordpress/wp-content/uploads/2008/07/imperialsugar-300x179.jpg" alt="" width="240" height="143" /></a>“Shocking” and “disgraceful” are not the sort of words we expect to hear from a corporate executive when referring to his or her own company, but that’s exactly what happened at a <a href="http://help.senate.gov/Hearings/2008_07_29/2008_07_29.html">Senate hearing</a> today about the conditions at Imperial Sugar. Those <a href="http://ap.google.com/article/ALeqM5ihpVcnOf-gTWaAlg6fBB3fMWuXKgD927NI4G2">descriptors</a> made up part of the testimony of Graham H. Graham, vice president for operations at the company, which was <a href="http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&amp;p_id=16355">recently hit</a> with a proposed fine of $5 million by the Occupational Safety and Health Administration in connection with conditions that caused a dust explosion (photo) earlier this year at its Port Wentworth, Georgia plant that killed 13 workers. Another fine of $3.7 million was proposed by OSHA in connection with similar problems at the company’s operation in Gramercy,  Louisiana.</p>
<p>“It was without a doubt the dirtiest and most dangerous manufacturing plant I had ever come to,” <a href="http://ap.google.com/article/ALeqM5ihpVcnOf-gTWaAlg6fBB3fMWuXKgD927NI4G2">said Graham</a> about the non-union Port Wentworth refinery, which he toured after being hired by Imperial Sugar late last year. He <a href="http://help.senate.gov/Hearings/2008_07_29/Graham.pdf">claimed</a> to have pointed out more than 400 safety violations and was in the process of having them corrected when the accident occurred. CEO John Sheptor, who declined to testify at today’s hearing of the Senate Committee on Health, Education, Labor &amp; Pensions, <a href="http://ap.google.com/article/ALeqM5ihpVcnOf-gTWaAlg6fBB3fMWuXKgD927NI4G2">told</a> the Associated Press that Graham has “exaggerated numerous things regularly about our facilities.” Sheptor’s p.r. people should have told him that line doesn’t work when you have the blood of 13 workers on your hands.</p>
<p>In addition to the fines—which Imperial Sugar is <a href="http://www.imperialsugarcompany.com/fw/main/Press_Release_7_25_08-2729C771.html?LayoutID=166">contesting</a> and in any event would not put too much of a dent in a company which in its last fiscal year had profits of $53 million on revenues of $875 million—<a href="http://ap.google.com/article/ALeqM5ihpVcnOf-gTWaAlg6fBB3fMWuXKgD927NI4G2">AP reports</a> that criminal charges are possible.</p>
<p>Any investigation should not stop with the immediate managers at the plants. The conditions at the Imperial Sugar refineries appear to have been so horrendous that the failure to clean them up must have in effect been a company policy emanating from the highest levels—the CEO and other top executives. Accountability should also fall on the members of the board of directors of the publicly traded company, whose <a href="http://www.imperialsugarcompany.com/fw/main/Directors_and_Officers-1073.html">non-executive members</a> are the following:</p>
<p>- James J. Gaffney (Chairman), a consultant to investment funds affiliated with Goldman Sachs</p>
<p>- Curtis G. Anderson, chairman of the investment company Anderson Capital</p>
<p>- Gaylord O. Coan, former CEO of poultry processor Gold Kist</p>
<p>- Yves-Andre Istel, vice chairman of investment bank Rothschild Inc.</p>
<p>- Robert S. Kopriva, former CEO of Sara Lee Foods</p>
<p>- Gail A. Lione, executive vice president of Harley-Davidson</p>
<p>- David C. Moran, president of U.S. consumer products at H.J. Heinz</p>
<p>- John K. Sweeney, a managing director at investment bank Lehman Brothers.</p>
<p>Sweeney deserves special attention because Lehman Brothers is the largest shareholder in Imperial Sugar, with a <a href="http://www.sec.gov/Archives/edgar/data/831327/000119312507266734/ddef14a.htm">28 percent stake</a>. Lehman <a href="http://www.lehman.com/who/sustainability/">claims</a> that part of its corporate mission is to “be one of the most responsible investment banks.” It could show those words mean something by using its influence to get Imperial Sugar to start showing some concern about the safety of its workers.</p>
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