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Cisco Offices Raided, Execs Arrested In Brazil
Posted by
kdawson
on Tue Oct 16, 2007 08:36 PM
from the where's-my-white-hat dept.
from the where's-my-white-hat dept.
Many readers are writing in about the raids and arrests in Brazil's Cisco operation. At least 40 people were arrested earlier today, and Brazilian authorities asked the US to issue arrest warrants for five more suspects in this country. The allegation is that Cisco brought at least $500M of equipment into Brazil without properly paying import duties, and now owes over $826M in taxes, fines, and interest.
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Would have gotten away with it too if it weren't f (Score:4, Informative)
Basically... *Shwing* emerging markets.
"Damn, imagine if we weren't direct shipping to clients and had to pay taxes on the real value of all this shit!"
How accounting didn't realize this, or who's on top of the ladder of people in the know the article doesn't begin to speculate...
Corporate World at its finest, do it until caught, then pay a fine that doesn't affect the bottom line.
FTFA:
PS: This is the only text at all on Page 2.
Re:Would have gotten away with it too if it weren' (Score:4, Funny)
and their dog. musn't forget the dog
Parent
Re:Would have gotten away with it too if it weren' (Score:3, Insightful)
Only the stupid pay taxes in Brazil (Score:5, Informative)
What would you do if you had to pay a sales tax of 40%?
What would you do if you had to pay import duties of 100%?
What would you do if you had to pay a total of 70 (seventy) different taxes to city, state, and federal government on a single product?
This is what happens when public servants can retire after, in some cases, eight years of "work", with full pay. Getting promotions and raises after retiring. Brazil is the paradise of public servants. Everyone I know is trying to get a job as a public servant. I know of people who have gone through five years of college to get a job as a street sweeper.
That's why the Transparency International organization states that "Some of the countries that have a significantly worse rating since 2005 include Brazil," [infoplease.com].
If only we would shoot all public servants in the street, Brazil could be the richest country in the world, but, unfortunately, too many people are greedy, and too many Brazilians allow this situation to continue because they themselves want to get a public job...
Parent
Re: (Score:3, Insightful)
Uhhh, well, that's about 6 buckets of retarded (Score:5, Insightful)
Imagine if a store took a similar tactic: Some people steal merchandise, and others simply choose to go to other stores. Rather than perhaps raise prices a bit to cover costs and work on advertising and loss prevention the owner says "Well because people aren't buying, I have to double prices." Now the number of shoppers drops even more, so the owner again says "Even less people are shopping here, so I have to triple my new prices." Eventually nobody at all buys anything because it's just too expensive.
Similar shit with taxes. If the government raises your taxes a bit, maybe you complain but you still pay them. But let's suppose now that the government set them to an unaffordable level. Suppose that the government took 50% of your income, sales tax was also 50% and then other taxes like property tax added up to be over 100% of the rest of your income. Suppose that there was literally no way you could pay all the taxes. What would you do? Live in the street and try to pay them, or simply avoid them to the maximum extent possible?
It's easy to get a high and might attitude of "Well everyone should just pay," when it's not your ass in the fire and your family going hungry. However you try it some time, see how it goes.
If people cannot comply with the law, they just won't.
Parent
Re:Only the stupid pay taxes in Brazil (Score:4, Informative)
see, salary tax is collected by your employer, so no way to skip that. sales tax data is cross-reference with business income tax, so it's easy to detect who's not paying, finally there's a financial movement tax (CPMF) with takes 0.38% of all money coming out from (not into) your bank accounts, automatically. when they cross-reference CPMF, income tax and sales tax, you basically got all your bases covered. and if memory serves me right, capital gains tax is also automatically collected by your bank or broker the moment you cash in the money from the transactions.
the problem is that they charge a lot, they collect a lot and give almost nothing back. police? marginally effective, but in fact most of the population are scared of them. legal system? any cases take years to even begin being heard. public health system? don't get me started on that. is a s***hole, all capable citizens resort to private health insurance. public schools? horrible, able citizens put their kids on private schools. the military? I'm not very impressed and their budget is really small in GDP terms compared to our neighbours.
so they tax a lot but no one gets anything back and there's always a fiscal loss. the money is going somewhere and it is not into my pocket.
therefore I submit to you: why pay? at all?
Parent
Re:Only the stupid pay taxes in Brazil (Score:5, Insightful)
However, if CISCO is found guilty I will commend the authorities for what they're doing.
Reality, my friend, is that people shouldn't choose which laws to follow, which laws to break. The involved executives, if proven guilty, are not preaching civil disobedience. Instead, they want to increase the bottom line and have a fat bonus at the end of the year. That's exactly the reason why Brazil is what it is today. And by somehow condoning or justifying their business practices we're simply perpetuating the problem. Can't we just be honest and obey the freaking law? Really
Finally, your characterization of the problem with public servants in Brazil wasn't exact, I'm afraid. It's true that we don't have the entrepreneurial spirit seen in countries such as the US, and many people do grow up to work for the government, partly because of also distorted labour laws, who give these people the so called "stability", which can be understood as "I can be a slack and not get fired".
However, many public servants are responsible citizens and you shouldn't hold that against them. Both my parents were public servants (they retired after 30-something years working) and they are some of the most hard working people I've ever seen. I have many friends who work for the government, some by choice, and they are all responsible, hard-working people. And just to clarify, I believe only congressmen and senators retire after 8 years. Statistically speaking they are the vast minority.
My 2 cents.
Regards,
Andre
Parent
Re:Would have gotten away with it too if it weren' (Score:3, Funny)
Re: (Score:3, Insightful)
Re:Would have gotten away with it too if it weren' (Score:5, Informative)
What your friend's father did 35 years ago was possible. Some kinds of tax evasion are still possible now, but, with the advance of computing technology, it is increasingly more difficult to do so.
What the folks at Cisco are being accused of doing is a massive effort to avoid paying a whole lot of import taxes. If you consider their competitors point-of-view, they are committing fraud in order to offer their products for prices their competitors can't match, driving them out of the market.
Not pretty by any point-of-view.
Parent
Re:Would have gotten away with it too if it weren' (Score:4, Insightful)
Any businessman would have to be nuts to open an office there after this.
-jcr
Parent
Re:Would have gotten away with it too if it weren' (Score:4, Insightful)
There. Corrected that for you.
Parent
About time (Score:5, Funny)
As far as the arresting execs, I would check permissions and test memory, and try rerunning them.
In related news... (Score:5, Funny)
Re:In related news... (Score:5, Funny)
Parent
Re: (Score:3, Insightful)
Then I read your comment, then read the above comments again. Nope, still a Cisco reference
Re: (Score:3, Insightful)
You're observation is that when one member or another of the government breaks the rules, the others hold them to task. And that means that there's no corruption. Hm.
So it's your position that as long as the payoffs happen within the rules, it can't be counted as corruption?
Re:Worse than ignorance, it's iggerunt. (Score:5, Funny)
Parent
Re:I wasn't responding to your joke. (Score:4, Funny)
Well, that's a relief. We can't let ignorant generalizations about a people go unchallenged.
Parent
Re:Worse than ignorance, it's iggerunt. (Score:4, Funny)
Parent
Re:Worse than ignorance, it's iggerunt. (Score:4, Insightful)
Parent
Re:More about Brazil: (Score:5, Insightful)
9) The Brazilian media constantly emphasizes violent events in
Brazilian cities. However, the murder rate in Rio de Janeiro was, the last
time I checked, about two-thirds of the murder rate in the U.S. capital city,
Washington, D.C.
have all the styles of their own music, and those of other countries, too.
was Rubberneck [amazon.com]. On an average night they would draw an
audience of 40. A local band in a small town in Brazil drew an audience of
800.
States.
Parent
Fact.. (Score:3, Funny)
17) There's also some interesting photographers, artist and music. A lot actually.
Re: (Score:3, Insightful)
Re: (Score:3, Insightful)
brazil is insane (Score:3, Insightful)
Re:brazil is insane (Score:5, Insightful)
Who do these Brazilians think they are anyway? Some kind of sovereign nation?
Parent
Drive Away Investment? (Score:5, Insightful)
The way totalitarianism is keeping China locked in poverty, with little hope of economic growth?
Also, RTFA--it's not an "oversight" when you ship through multiple countries in such a way that just happens to evade the tax man.
Personally, I'm tired of seeing business criminals take their 6 months of probation but get to keep their ill-gotten gains--so I'd rather see fines than jail time for these guys. But this is certainly one way to tell foreign investors: when you do business in Brazil, you pay taxes to Brazil. Now if only the U.S. could convince some of its own off-shored corporations of something similar...
Parent
Re: (Score:3, Informative)
FTFA: "Goods were shipped from tax havens like Panama, the Bahamas and the British Virgin islands to Brazilian clients to avoid local taxes, and the value of the products was underestimated."
Yeah, a mistake anyone could make. Who hasn't accidentally shipped their goods via the BVI?
Brazil import laws (Score:3, Interesting)
Re: (Score:3, Insightful)
You get this wherever there is a bit of corruption. On one side if you have people that want to stamp it out they have to be strict. On the other side if you have people that want to increase the amount of corruption they make the conditions a lot stricter so you either have to jump through hundreds of hoops or pay them the bribe to make it all simple.
As for blaming the Brazillians entirely - there seems to be a tendancy for many US
Translation (Score:5, Interesting)
I am American who set up a software company in India; a place with corruption on par with Brazil. Let me tell you how it works in places like these:
- There are laws, but they really don't mean anything.
Well, technically this isn't true. They amount to a list of things you can be charged with, should the authorities decide to make it so. In America you hire legal advice, get the proper paperwork from the government, fill out all the forms, and submit them on time with the appropriate payment; done. India and Brazil have a different system; and nobody (especially a government employee) is interested in helping you obtain the right paperwork and keep it above board. You see, *the perk* of a government job is THE BRIBE. A position in the government has a tiny salary, and your teenage kids probably earn more in babysitting. The majority of your income will be derived from bribes given by the people you serve. Americans might best understand it as a "filing fee", but without all the annoying paperwork and signatures.
This in pandemic through every part of every government office and official. From the clerk where you pay a parking ticket, the average cop on the street, all the way up to the very top of the chain. Most of these offices have forms, but filling them out is a formality; they probably won't read them, and they'll be locked away in a box and water damaged beyond recovery in a month or so. Computer backups? Ha! Yeah right. You're not going to find computers in government offices. How does that help in taking a bribe?
I am being very serious in saying all this, and I will recount two of my own true life experiences for you now:
1. I personally brought 10 computers with me into India. I was instructed by the head cop at the airport in Delhi what to write on the form (not 10 computers!), and how much to pay at the customs window. The remainder of the money went into his pocket after I handed it to one of his junior officers. (The junior officer takes the money, because the senior officer can protect him; but not vice versa.); my attorney in India estimates that after all of it, we saved $500 on the regular customs fees; which includes his own cut, for helping to arrange it.
2. I got married in India. In order to get my wedding certificate, I paid a Rs.4000/- bribe (about ~$80 USD at the time) to the clerk. It wasn't required, I could have simply shown up every day for two years until they finally got sick of dealing with me. Or, I can pay the "filing fee" and be on my way.
According to my co-worker, Brazil is really no different. Corruption is pandemic there as well. Instead of tensions between Hindus and Muslims, it's gangs that come down out of the mountains to raid the towns. (Americans thinking of traveling there might consider kidnapping insurance, as this is also not uncommon.)
------
Why would Brazil hold Cisco's peons in custody? Legal hostages for bribe money; that is all.
Next time, Cisco will need to remember to pay the "filing fee". "When in Rome..." always applies, no matter where you travel on this big dirtball.
Re: (Score:3, Informative)
as far as trying to siphon out wtf was ACTUALLY arrested and if it was TRULY Cisco employees or merely a Brasilian firm that handles the importation of Cisco's equipment for them, good luck at that...
from what I can tell from the weak reporting in the article is that approximately 40 Brasilian businessmen were arrested, with no disclosure of a business name other than the "fact" that they dealt with importing Cisco products.
Poor, pathetic reporting
Disgusting (Score:3, Interesting)
Silly Brazil (Score:5, Interesting)
Clearly, this was a routing problem (Score:4, Funny)
how could this happen ... (Score:3, Interesting)
Yeah, the ceo, the manager, the compliance officers, etc are not accountants. But they have to act like accountants. Profit/bottom line is everything - if you are doing something that is hurting the profit/bottom line you are doing it wrong - people are asking questions. At the end of the day, companies are out to make money and absolutely nothing else.
Sure, there are nice slogans, customers first, service is our priority, etc. American Express (where i used to work) used to distribute these nice flow diagrams that show Happy Staff ===> Happy Customers ===> Happy shareholders. There's focuses and sigma programs and etc.
At the end o the day however, it is all about profits, revenue - money.
How does this tie with Brazil "pwning" some executives ?
Someone came to the executives and said "I know a guy in Brazil that can help us save millions in tax, compliance officers/lawyers have checked it out and it is pretty borderline. Risk management department have cleared it as acceptable risk vs the savings, is it ok to go ahead ?"
Now, perhaps one or two executives thought to themselves "hrm, this doesn't sound good" or "we'll get busted and get raped with cattle prods"
But what can you say/do when your primary consideration is the next quarter profit projection or current quarter revenue reports ? You just cant argue against higher profit/revenue.
At the end of the day (again) any executive has a dozen explanations/justifications for their actions:
- the compliance officers/lawyers cleared it.
- we were direct orders to meet the profit projections
- we were direct orders to meet our key performance indicators
- it is the mission/directive of our department to maximise profit/efficiency/kpi/etc
- risk management cleared it
- we were only competing with the competitors
I wish I was at home and could get the appropriate quote from one of the Dune books where the chapter start quote talks about the qualities of a bureaucrat - how the epitome of a perfect bureaucrat is the loss of human qualities and strictly following procedures/policies.
what i am trying to say is, in a long convulsed way, is that not only there is no morality in big companies, there is no accountability for legal or moral wrong doings (quite often two separate things).
I for one applaud our new executive-arresting overlords!
In the end... (Score:4, Insightful)
The high tarrifs, bribes, and corrupt officials make this kind of thing inevitable, but it was still stupid to try to get around the taxes. Understandable, in the sense of closing your fruit stall during the shift of the corrupt cop who collects protection money, but still stupid.
The problem is that, like India, the Brazil market is big enough for people to take risks to sell there.
We'll have to see how it turns out, but I'd place a small bet that the local Cisco office bribed the wrong official - who either turned on them or done got themselves busted.
That's why a (relatively) honest system is so important - certainty.
Jamming Packets (Score:3, Funny)
How to do business in corrupt countries (Score:5, Interesting)
If you are installing some infrastructure in Brazil, you will have to pay off corrupt officials at every turn.
The biggest hassle is often toward the end of a project when you need to express ship some equipment to finish the work, and find that customs are holding onto the items awaiting a bribe. Maybe the customs officials are leaving the shipment outside in the rain to make sure you understand the importance of the bribe.
If the box you are shipping has a declared value of $100,000 you will be shaken down and hassled as infinitum as all the officials know you will and can pay a lot to get the box.
If you on the other hand ship the same box with a declared value of $50, it goes under the radar, or you may have to pay some low-level agent a few $$ to get it through.
This problem is magnified by the fact that US law does makes it illegal to pay bribes. Therefore you can not enter the item on the expense report. It is often money out of your own pocket.
So basically your choices are:
1. Do everything properly: Declare value, refuse to pay bribes (Illegal by US law), and have all your gear lost in customs for months, and very likely damaged.
2. Declare the value, and pay bribes out of your own pocket or with the assistance of your company. You have now committed a crime in the USA.
3. Declare the value low to go under the radar in the corrupt country. You have now committed a crime in the corrupt country, but hey, you can alway bribe your way out of it if you are cought.
Re:How to do business in corrupt countries (Score:4, Insightful)
4. Don't do business in Brazil.
If enough major corporations chose option 4, the problem would rectify itself.
Parent
I'm Brazilian, so I know what I'm saying... (Score:5, Interesting)
Message to Innovative companies from Brazil (Score:3, Insightful)
Sincerely,
The country of Brazil
Multiculturalism? (Score:5, Insightful)
No offense to my argentinian "hermanos", but Argentina is about as multicultural as a WASP meeting. I don't see why people are so upset with the case. People committed a crime (it is a criminal offense here), they go to jail. I wish more high-ups would go to jail when caught wrongdoing.
To all trolls that keep saying "stop doing business in Brazil", do you really think CISCO and others do business here because they want to be kind to us? They want us to have access to that-oh-so-nice-and-advanced american hardware so we can be happy? They want to sell their stuff and that's all. If they leave the market, someone else will take it. And in case you haven't noticed, China has been replacing US as a hardware provider. Perhaps they still haven't got routers as good as CISCO's, but they will eventually. And if american companies leave markets open to them, the quicker they will. So good luck for any american companies wishing to leave the brazilian market.
Besides, the ones who really suffer with the high taxes and corruption are brazilian people and consumers. I highly doubt CISCO passed on the savings they got to their clients. Stop whining just because some american company was caught red-handed.
Parent
Re:Pretty hefty tax rate... (Score:5, Insightful)
For some odd reason, latin american countries charge a ridiculous amount of tax on electronics. In the Dominican Republic you can expect to pay double or triple the normal price for any and all imported electronics. I tried to have a $300 camera sent to me via DHL, and they wanted $400 to pick it up from customs (13000 pesos).
I call that the opposite of progress... unfortunately many governments can't see beyond "now." "Oh hey... we can just charge a ridiculous amount of money on imports and make money!!! we win!"...... (I understand the tarrifs to help local businesses... but honestly... there aren't any camera manufacturers in any of those countries).
Parent
Re: (Score:3, Interesting)
There sure won't be any local ones starting if those trade barriers fall.
A $400 tax on an imported $300 camera in the DR sounds pretty progressive to me - if you can afford a luxury good like an imported camera, you can almost certainly afford the tax bite. This kind of tax is harder to dodge than, say, a sales tax on local goods.
Re: (Score:3, Insightful)
Re:Cisco's peons as hostages (Score:4, Informative)
The first sentence in the article (emphasis, again, mine):
Now, which peons were you referring to? 40 arrests were made, and there is nothing in the article that says anything about "peons" as so many people keep saying.
Parent
Whoa. (Score:4, Funny)
[runs away]
Parent