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August 28, 2005

Feds Raid Maryland Home of Nigerian VP

Investigating whether or not a Democratic Representative, William Jefferson, authorized payments to Nigerian officials to ease the entry of a Kentucky broadband internet firm into Africa.

Hmmmm... I guess I need to offer an opinion. I think the Federal Corrupt Business Practices Act makes bribes to foreign officials or businessmen illegal. I never really understood that law. I don't want bribes coming in; I'm not sure if I care if they're going out. I care about good clean government at home; I care a hell of a lot less about good clean government overseas; most countries are about 50 or 100 years away from developing even the regrettably-low standards of governmental and business clealiness we have now.

Yes, it's a shady practice and yadda yadda yadda, but this is how business is done in most of the world, and I've gotta think that businesses (and, I guess, politicians) are typically forced into the difficult situation of either breaking the law or putting themselves at a competitive disadvantage.

And I think most of the time they'll opt to not put themselves at a competitive disadvantage.

It's an idealistic law, and thus, very stupid. Sure, it's a bit embarassing that we might have politicians involved in this, but it's also sort of unhelpful to raid the US residence of a high foreign dignitary.

I don't think diplomatic immunity is a concern; based on a quickie reading, only the residence of the head of the consulate or mission is considered invioable under the Vienna Conentions.


posted by Ace at 11:12 AM
Comments



In all fairness to Jefferson, he got this really sad e-mail about the Nigerian VP's kidnapped daughter, and how he needed to get more internet coverage in Nigeria as a ransom. Jefferson himself was promised a nice percentage of the profits for his assistance in the project, so at the time it looked win-win.

Posted by: Sobek on August 28, 2005 02:43 PM

It's actually the Foreign Corrupt Practices Act, the result of some big scandals around 30 years ago involving the bribery of foreign officials by U.S. corporations. Although the anti-bribery provisions are what people have heard about, most of it deals with accounting requirements.

Posted by: Michael on August 28, 2005 04:50 PM

Yes, it's a shady practice and yadda yadda yadda, but this is how business is done in most of the world, and I've gotta think that businesses (and, I guess, politicians) are typically forced into the difficult situation of either breaking the law or putting themselves at a competitive disadvantage.

You'd be right. I can tell you from personal experience, based on trying to do deals in places like Thailand and Brazil, that American companies are at a huge disadvantage because of the FCPA when they are going up against European or Japanese companies that have no similar constraints. What you need is a local partner that understands and will keep you totally in the dark about what is going on, and not expect you to contribute.

And I think most of the time they'll opt to not put themselves at a competitive disadvantage.

Not my company. At least, not when they were represented by me. We played it straight.


Posted by: Michael on August 28, 2005 08:44 PM
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