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ANSWERED on Tue 17 Nov 2009 - 11:19 pm UTC by davidsarokin

Question: IBM - 2006 Bribery Scandal in China

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Asked by amit.k on Tue 17 Nov 2009 - 12:22 am UTC:

I am looking for any articles, journals, editorials, etc. regarding the IBM
bribery scandal in China in 2006. This is the scandal I am referring to:
http://www.nytimes.com/2006/11/30/business/worldbusiness/30iht-bank.3731302.html

For some reason, there are many articles like the NY Times one out there
that are similar, but none that really go into detail about what happened,
and perhaps its implications for multinationals in China. 

Let me know if you need further clarification. Thank you once again!

Comment by amit.k on Tue 17 Nov 2009 - 3:29 pm UTC:

Not finding a whole lot on this so far...I would be willing to offer an
additional $10 to the researcher who can find what I am looking for.

Uclue Researcher Request for clarification by Researcher davidsarokin on Tue 17 Nov 2009 - 3:46 pm UTC:

amit.k,

I did search for this the other day, and found surprisingly little.  There
are a few academic papers that discuss the scandal, but the discussion is
brief, and I did not see anything that went beyond the information
presented in the IHT article. 

If anything more turns up, I'll certainly let you know.

David

Comment by amit.k on Tue 17 Nov 2009 - 3:47 pm UTC:

I guess they have good PR people! Please do keep me posted. Thanks David.

Comment by amit.k on Tue 17 Nov 2009 - 8:46 pm UTC:

Hey David, I guess I'm just outta luck with this question. If you could
post what you found as the answer plus any other tips you might have for me
to potentially find out more about this, that would be great. Wouldn't want
your efforts to be in vain.

Thanks again.

Uclue Researcher Answer by Researcher davidsarokin on Tue 17 Nov 2009 - 11:19 pm UTC:

amit.k,

Here are some newspaper articles and a few academic papers that discuss the
IBM/China Construction bribery case.  There are a smattering of additional
details available, beyond what was presented in the article you cited in
your initial question.  I hope the materials are useful for your research.

Let me know if there's anything more I can do on this.  To tell the truth,
though, to dig much deeper, I suspect you'd have to try to uncover the
actual court documents, which is a real challenge in non-US jurisdictions.

All the best.

David

====================================


http://www.nytimes.com/2006/11/29/business/worldbusiness/29corrupt.html?pagewanted=print
November 29, 2006
Charges of Bribery in a Chinese Bank Deal

"...Three weeks ago, a Beijing court sentenced Zhang Enzhao, the
60-year-old former chairman of China Construction Bank, to 15 years in
prison for accepting more than $500,000 in gifts and bribes, including
gifts that came from a consultant who worked for Fidelity, as well as
I.B.M., according to Bloomberg News and Cai Jing, a Chinese business
magazine. None of the American companies have been charged with any
crimes.


http://www.nytimes.com/2007/01/20/business/worldbusiness/20bribes.html
Western Companies Caught Up in Chinese Bribery Inquiry
January 20, 2007


http://www.chinacsr.com/en/2006/11/09/841-ibm-suspected-of-bribing-chinese-bank-official/
IBM Suspected Of Bribing Chinese Bank Official

"...Local media report that a Beijing court has mentioned in its judgment
against Zhang Enzhao, former president of China Construction Bank, that IBM
had assisted a sales agent named Zou Jianhua in bribing Zhang by paying him
US$225,000.


http://english.cri.cn/3126/2006/11/24/264@167029.htm
Commercial Bribery--Foreign Companies Adapt to Local Market in Wrong Way
2006-11-24



http://english.people.com.cn/90001/90778/90857/90860/6720259.html
Major commercial bribery cases of multinationals in China
August 06, 2009

"...The IBM case: In November 2006, the Beijing First Intermediate People's
Court announced that from 2002 through 2003, IBM's senior officers met with
Zhang Enzhao, former chairman of the China Construction Bank, several times
through the arrangement of a middleman. This contravenes China's principles
and procedures for financial activities involving foreign affairs. As
repayment, IBM deposited 225,000 USD of "service fees" into the HSBC Hong
Kong account of the middleman who in turn transferred the money to Zhang. 


http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1415902
Soft Seat on the Long March: Foreign Business and the Rule of Law in China


http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1375003_code737772.pdf?abstractid=1319814&mirid=5
The Foreign Corrupt Practices Act, SEC Disgorgement of Profits, and the
Evolving International Bribery Regime: Weighing Proportionality,
Retribution, and Deterrence

Comment by User frde on Thu 19 Nov 2009 - 9:47 am UTC:

In 1976 I worked as an 'intern' for a fairly well known company in Germany.
 They had recently sacked their finance director for taking bribes from ...
a large computer company.

About 1981 I was working for a computing intensive company in the leisure
sector - a subsidiary of an international conglomerate.  A certain large
computer company played (what I was told was) its usual trick of dealing
with an uncooperative CEO. They went above his head to the conglomerate. 
They misjudged things and our mainframes were pulled out and replaced with
DEC minis.

Leopards and spots.

Comment by User myoarin on Thu 19 Nov 2009 - 12:16 pm UTC:

And Siemens in Germany is still in the throes of a big bribery case.
Not too many years ago, bribery (in foreign countries ) was legal in
Germany, an accepted business expense for taxes.  No one really believes
the practice stopped when it became illegal or that management to the top
didn't know about it.  The messy part has been that the company has had to
sue the individuals caught to demonstrate they were acting outside company
policy, although anyone can assume that the millions didn't get into slush
fund accounts without "higher approval".

This all has nothing  - much -  to do with the other question about the
cost of generating leads.

Tigers and stripes

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