Kochs, Chamber of Commerce Bankroll Judges’ Seminars On Corporate Crime And Capitalism

The Louisiana federal judge overseeing the civil trial over BP’s alleged gross negligence in the 2010 Deepwater Horizon incident attended a seminar in 2009 called “Criminalization of Corporate Conduct” sponsored by the American Petroleum Institute, the U.S. Chamber of Commerce and 13 other funders. In 2011, that same judge dismissed a wrongful-death claim in a suit brought against ExxonMobil and Chevron USA for exposure to radioactive substances. Another judge who attended that seminar voted in a 2-1 holding to reject emissions caps that both the American Petroleum Institute and the Chamber had opposed in briefs in the case.

In all, 11 percent of U.S. federal judges attended all-expense paid seminars whose top contributors included conservative foundations and major corporations between 2008 and 2012, according to an analysis by the Center for Public Integrity. Sponsors often pay for participants airfare hotel stays and meals. Tim Meko reports:

Leading the list of sponsors of the 109 seminars identified by the Center were the conservative Charles G. Koch Charitable Foundation, The Searle Freedom Trust, also a supporter of conservative causes, ExxonMobil Corp., Shell Oil Co., pharmaceutical giant Pfizer Inc. and State Farm Insurance Cos. Each were sponsors of 54 seminars.

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Corporate Crime and Punishment

Should corporations have immunity for human rights abuses? On February 28, the Supreme Court will hear arguments in a case that will decide whether corporations will be exempted from a crucial law that allows foreign victims of serious human rights abuses to sue them in US courts for civil damages. Any decision that lets corporations off the hook would be a major blow to justice and contrary to the global move toward more corporate accountability.

The case currently before the Supreme Court, Kiobel v. Royal Dutch Petroleum, concerns allegations by 12 Nigerian plaintiffs that Royal Dutch Petroleum, also known as Shell, collaborated closely with Nigeria's then-military government as it carried out a campaign of intimidation and violence against the Ogoni people, a local community opposed to oil development on their land. The plaintiffs accuse the company of aiding and abetting abuses by the Nigerian government, including arbitrary arrest, torture, rape, and the hanging of Dr. Barinem Kiobel, an Ogoni leader who was executed in 1995 alongside the author and activist Ken Saro Wiwa. Saro Wiwa's family filed a separate lawsuit against Shell, which they settled in 2009 for $15.5 million.

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Defining Deviancy Away: How the Justice Department Adopted "See No Evil" approach to corporate crime

Gretchen Morgenson and Louise Story have a must-read article in the New York Times on an important aspect of our two-tier justice system, in which only little people seem to be subject to the full force of the law. The article describes how, starting with the Bush Administration and continuing under Obama, the Department of Justice decided to exit the business of prosecuting suspected corporate criminals.

This section is stunning:

But by 2005, a debate was growing over aggressive prosecutions, as some business leaders had been criticizing the approach as perhaps too zealous.

That May, Justice Department officials met ahead of a session with a cross-agency group called the Corporate Fraud Task Force…

In the meeting, the deputy attorney general at the time, James B. Comey, posed questions that surprised some attendees, according to two people there who asked to remain anonymous because they were not supposed to discuss private meetings.

Was American business being hurt by the Justice Department’s investigations?, Mr. Comey asked, according to these two people, who said they thought the message had come from others. He cautioned colleagues to be responsible. “It was a total retrenchment,” one of the people said. “It was like we were going backwards.”

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