Sun Microsystems, which is in the middle of a $5.6bn acquisition by software giant Oracle, said in its 10-Q quarterly financial filing with the Securities and Exchange Commission that it may have broken bribery laws overseas. The 10-Q filing also put some numbers on what Sun will have to pay if the Oracle acquisition does not go …
'We may have violated bribery laws'
Well, you know - it could happen to anyone. You're checking your voice mail, or you think there's something in your coffee - you take your attention away for a split second, and things can happen. I know, personally, I've probably violated bribery laws a few times, even just on the way to work. You gotta cut them a little slack here.
In for a Penny, in for a Pound.
"If the deal doesn't go through, the filing said, Sun might be liable to pay a termination fee of approximately $260m and, in certain circumstances, might be responsible for covering Oracle's out-of-pocket expenses relating to the merger agreements up to an additional $45m."
Surely Sun would only be liable to such fees and expenses [$305m], which presumably are due to Oracle if the deal doesn't go through, if they are found/proven to have fallen foul of the Foreign Corrupt Practices Act.
Until that time, should the merger be blocked, would Oracle be immediately entitled to the said sum from the Prosecution Team Host, payable at the time of any action being instigated or its blockage being made official and subsequently reclaimable from the/a guilty Party, [which may or may not be Sun]
If Third Party Proxies want to stick their Noses into Businesses which either they do not Fully Understand or would maybe wish to Dominate because they Might Think they Understand how Powerful they might Be, then it is only Fair and Reasonable/Equitable that they Pay The Entry Price rather than Getting a Free Ride. If they can Hack IT is their Investment Safe and if they are not Up to the Mark, then they will have learnt a Valuable Lesson.
And it would appear that Larry is into Who Dares Win Wins in a Big Way. Bravo, Sir. Well Played.
And Paris because she appears to be fully committed to Nothing Special, which is a Crying Shame which can only deliver her some Fun Filled Times with Empty Headed Knight Errants and Weak Willed Imposters.
Could this be the real reason...
IBM walked away from buying Sun?
Just make sure you have friends (nudge, nudge, wink, wink) in high places.
It worked for BAE Systems.
Re: "Could this be the real reason..."
"IBM walked away from buying Sun?"
No! This is not a serious matter. The punishment is a few shekels, a slap on the wrist and a warning not to do it again.
"you can't bribe foreign officials as a way of keeping business"... That's an interesting law...
I take it offering windows for pennies to local authorities/schools is okay though, that would just be a charitable donation?
When you join Sun, you get some compulsory training about things like this. The message is *very* firm: don't do it. If in doubt, consult business ethics. If you hear of any wrongdoing, report it.
Sun is one of eight companies to have employed me in my professional career, but it's the *only* one to have driven home a strong and positive message about business ethics. UK employers have been at best silent, and often downright shady.
Conclusion: I expect this is a case of going public where other companies would have made every effort to keep it (whatever it is) quiet, or even turned a blind eye.
 excluding companies and other bodies I've worked for on contract.
Hauntings ....... require an XXXXorcist ...... Binary Rogue Code Warrior
.... rather than Sad Damn Worrier.
"No! This is not a serious matter. The punishment is a few shekels, a slap on the wrist and a warning not to do it again." ..... By Tris Orendorff Posted Saturday 9th May 2009 19:43 GMT
Methinks it is more accompanied with the advice ... try not to get discovered doing it again. They who Master that SMART Novel Art, for it never succeeds at All as a Dark Art/Black Op, Rule any Roost, and therefore also All Roosts.
IBM probably walked away because there are too many skeletons and demons, at risk of being exposed to Sun light, in its bare Virtual IP cupboards, and they don't really/virtually know what to do with them or about IT?
Purely speculative of course, but when True means the Boss Man has Lost the Plot which Leads in All Universal Matters .......... which you should notice is a Bold Statement rather than Timid Question.
But the Spot is Never Ever Vacant, is it, Larry? ....... which you should notice is a Bold Question rather than Timid Statement.
Apparently Oracle knew about this before making the offer... I'm sure Sun made it public now so that Oracle would not have to make it public later. It's good marketing. Oracle can just say "Old news! Nothing here... Move on."
Isn't it common business practice to pay a "commission".
What are legitimate expenses versus illegitimate expenses.
Is not that business lunch on expenses in effect corruption of some sort.
What about internal corruption, surely a few golden parachutes/handshakes are on offer in this deal.
Foreign investment in a bit of land for a factory/data centre, from a government officials wifes newly formed company, in return for hefty tax incentives, a mere 3000% on the land value perhaps.
What is corruption, and what is the price of doing business in say Thailand.
this is without a doubt a non story, nothing will come of it, and as the deal goes through Oracle won't be touched, the SEC won't touch Sun because after this what's left of/for Sun.
If the US can't get a grip on solid material ie banking, mortgages or a car industry, what can they do with a cyber industry, it's all virtual anyway.
Finding a Voice ....... 42 Fill in the Voids
"If the US can't get a grip on solid material ie banking, mortgages or a car industry, what can they do with a cyber industry, it's all virtual anyway." .... By Anonymous Coward Posted Sunday 10th May 2009 15:49 GMT
Hmmm. They can surely expect that the cyber industry demonstrate, with solid material help provision from Established Realised Services, what the Virtual can Presently do for the Future and One and All.
Which puts the Onus on Virtual Future Servers to make contact with Status Quo Present IMPerfect Providers ...... in Plain Text Terms which they can Freely Understand and Driver with Currency Investment for Novel Powers....... NEUKlearer HyperRadioProActivity.
....just found out it wasn't a bribe, it was a ligit expense claim. It was within the Uk Gov rule book.
UK Gov Guide To claiming Expenses:
1. Do not claim trips to Pluto, unless on Goverment Business.
UK Gov Guide To Alienating Expenses for Virtualisation Visualisation .... AIRealisation.
"1. Do not claim trips to Pluto, unless on Goverment Business." .. .would Allow Claim Trips from Space Bases on Government Business.
A Special Program taking ITs REST and Delivered in an Email with an Offer to the First and Deputy First Ministries* in Stormont....... Recent Renegades into Renaissance and Virgin Students of Virtual Power Administration. ........ for Transparent Universal Governance via Beta Media Instruction and Direction/Project Production.
It cannot be denied in a Proof Positive Environment.
* Who are Leisurely in Reply Acknowledgement/Virtual Semantic Engagement .
FCPA = black money
Speaking of BEA, PBS Frontline had a GREAT video essay on how black money flows between governments and global corporations and the ramifications of FCPA back in the 1970s.
(Use HotSpot Shield if you're outside the US to anon.) ;)