Is It Time For A Corporate Death Penalty Act?

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Sun, 30 Jan 2005 20:07:36 -0800 (PST)

 

 

Is It Time For A Corporate Death Penalty Act?

 

Published on Friday, January 28, 2005 by CommonDreams.org

 

 

 

 

 

Is It Time For A Corporate Death Penalty Act?

 

by Karyn Strickler

 

George W. Bush recently announced that he was going to end asbestos

damage lawsuits; limit medical malpractice suits; and ban class action

lawsuits of all sorts. It's part of his high priority, tort reform plan.

 

Instead of Bush's proposed tort reform -- depriving ordinary folk of

reasonable settlements in cases of severe harm and making the rule of

law meaningless -- Timothy G. Hermach, President of the Native Forest

Council (www.forestcouncil.org), proposes a Corporate Death Penalty Act.

 

Regardless of your position on the death penalty, when an individual

murders someone, they know that they may face the death penalty. While

it is badly administered, the death penalty is supposed to be a deterrent.

 

Juan Alvarez, the man who recently abandoned his car on the train

tracks in Glendale, California, injuring hundreds and causing the

death of 11 people in a train derailment there, has been charged with

murder. Prosecutors are seeking the death penalty, which can only be

used in exceptional circumstances in California, because Mr. Alverez

knew, or should have known that his actions could be lethal.

 

Corporate leaders kill people regularly, often consciously, with

personal impunity. Why not hold the individuals behind corporations

that poison, harm and kill people accountable the same way we do for

individuals who commit murder, deliberately or otherwise?

 

The idea seems kind of whacky, until you consider the fact that, in a

capitalist society, making money reigns supreme, even if doing so

kills someone - or thousands of people - as in the case of Dow

Chemical's Union Carbide plant in Bhopal.

 

Russell Mokiber and Robert Weissman of the Multinational Monitor

(www.multinationalmonitor.org) named Dow Chemical among it's top 10

worst corporations of 2004 because, as they say:

 

* The world's largest plastic maker, Dow purchased Union Carbide

in 1999. At midnight on December 2, 1984, 27 tons of lethal gases

leaked from Union Carbide's pesticide factory in Bhopal, India,

immediately killing an estimated 8,000 people and poisoning thousands

of others.

* Today [Dow Chemical owns Union Carbide and] in Bhopal, at least

150,000 people, including children born to parents who survived the

disaster, are suffering from exposure-related health effects such as

cancer, neurological damage, chaotic menstrual cycles and mental

illness. Dow refuses to take any responsibility.

 

Should not Dow's denial of corporate responsibility be put to the test

of a criminal trial? If convicted, shouldn't those responsible pay the

ultimate price for such a horrific crime?

 

Also making the top 10 Multinational Monitor list for 2004 is the drug

company Merck which makes the infamous drug Vioxx, generically known

as rofecoxib.

 

The Associated Press reports that Dr. David Graham, a Food and Drug

Administration drug safety official wrote in an article published in

the British medical journal, the Lancet, " An estimated 88,000 -140,000

excess cases of serious coronary heart disease probably occurred in

the U.S.A. over the market life of rofecoxib. "

 

Dr. Graham also concluded, " The U.S. national estimate of the

case-fatality rate (fatal acute myocardial infarction plus sudden

cardiac death) was 44 per cent, which suggests that many of the excess

cases attributable to rofecoxib use were fatal. "

 

That's between 38,720 – 61,600 people who likely died from taking

Vioxx. Merck says it pulled the drug as soon as it saw conclusive

evidence of the drug's dangers, but Dr. Graham says that Merck knew of

the adverse effect of the drug four years before they took it off the

market. If Vioxx was on the market four years after its ill effects

were known, profit was the likely motive. The Times of London reports

that, " Vioxx was one of the most heavily-promoted drugs for patients

with arthritis, bringing in sales worth $2.5 billion a year. " A

Corporate Death Penalty Act, properly enforced, might deter tobacco

companies, for example, from making profits by soliciting five

thousand young people age 12-17, to try cigarettes for the first time

each day. Within days or weeks of the first cigarette, symptoms of

nicotine addiction appear, according to the American Legacy Foundation.

 

Tobacco Free Kids says:

 

* The 1998 legal settlement between the states and the tobacco

companies prohibited the tobacco companies from taking `any action,

directly or indirectly, to target youth… in the advertising, promotion

or marketing of tobacco products.' [Nevertheless]…tobacco companies

have increased their marketing expenditures by more than 84 percent to

a record…$34.8 million a day, according to the Federal Trade

Commission. Much of this marketing is still targeted at kids.

* One of the tobacco industry's most outrageous new tactics is the

introduction of candy-flavored cigarettes… (View advertising

examples): R.J. Reynolds…has launched a series of flavored cigarettes,

including a pineapple and coconut-flavored cigarette called `Kauai

Kolada' and a citrus-flavored cigarette called `Twista Lime' (see

Campaign statement).

 

Deliberately hooking children on their poisonous product is the only

way for executives, Board members and shareholders to continue to make

profits. Twelve hundred people die every day -- that's 438,000

annually -- as a result of tobacco use or being exposed to second-hand

smoke. Tobacco Free Kids reports that " More than 5 million children

alive today will die prematurely from smoking-related illnesses. "

 

What's really whacky is that our society allows this to continue. It

is breathtaking in its consequence. It's immoral, corrupt, depraved --

and it's perfectly legal. Corporate killers rarely see the inside of a

jail cell, let alone face real consequences for their deplorable behavior.

 

In business school, Tim Hermach was taught that his mandatory, prime

directive as a manager was to maximize shareholder values, regardless

of consequences -- that there were no moral or other deterrents.

 

Mr. Hermach raised his hand and, in an attempt to expose the absurdity

of the theory said, " You're telling me that we must kill the goose and

take two gold eggs today rather than take care of the goose and allow

it to give us one gold egg daily, for the rest of its life. Under your

corporate accounting and profit theory, I should kill you and sell

your organs for $100,000 on the open market, because you're worth a

lot more dead than alive, when figured in today's dollars. "

 

That's obviously not legal, but it is certainly the principle upon

which extractive industry operates. Corporations rip out the forests

which are the lungs of the earth, providing us with topsoil to grow

our food, air to breathe and water to drink. They destroy the wetlands

which are the kidneys of the earth, providing flood control and

keeping our water clean -- all in the name of the more money.

 

Extractive industry believes the earth and its ecosystems are more

valuable when sold in pieces, instead of being left in the intricate

tapestry that sustains life.

 

In his history of Shell Oil Company, Riding the Dragon: Royal Dutch

Shell & the Fossil Fire, Jack Doyle documents hundreds of cases of

human rights violations, pollution, injury and death caused by the

company and its leaders (See www.shellfacts.com ).

 

In May, 1994, Doyle says Shell agreed to pay a fine of $3 million to

the Occupational Safety and Health Administration, for federal safety

violations and to pay multi-million dollar wrongful death settlements

to the families of dead workers killed from a fire at their Belpre,

Ohio plant.

 

The fire spread to a " nearby chemical storage tank area, touching off

an explosion and ferocious chemical fire, causing four of the big

tanks to burn and lose millions of gallons of chemicals. Four workers

are killed in the incident and 1,700 people evacuated. The…leakage

from the site pollutes the Ohio River with a 22-mile plume of ethylene

dibromide, killing fish and forcing downstream municipalities to seek

alternative water supplies, " according to a timeline at

www.shellfacts.com .

 

Shell claims to be moving beyond fossil fuel economy, the economy that

is driving global warming to the point of no return and jeopardizing

life on earth. But the Multinational Monitor reports that, in fact,

" They continue to secure long-term contracts that tie them to the

fossil fuel economy, with all of its geopolitical hazards, all of its

human rights abuses and all of its environmental destruction. "

 

Corporate biographer Jack Doyle, told the Multinational Monitor,

" Corporations…are not controlling the full costs of their operation,

and we are picking up the tab for their externalities in form of

disease, illness, lower immunity, altered reproduction, birth defects,

cancer…That's a mortal trespass, an unforgivable transgression that

must be stopped…They need to be prosecuted. "

 

The Corporate Death Penalty Act could provide that every member of the

Board of Directors and executives of a corporation who knew, or should

have known about the likelihood of their product or services to cause

death, will be subject to the death penalty if their product or

service results in the death of an individual or group of individuals.

 

Tim Hermach thinks that Fox TV would be an appropriate venue for

televising corporate executions and says, " No more payoffs, no more

get offs. You, corporate executives and Board members are the few. We,

the people that you kill, are the many. Those left standing, will hold

corporate killers accountable for your lethal actions. "

 

Karyn Strickler is a writer and activist. You can reach her at

fiftyplusone.

 

http://www.commondreams.org/views05/0128-22.htm