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Can I incorporate myself, name myself CEO & go on a crime spree & get away with it?

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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:32 PM
Original message
Can I incorporate myself, name myself CEO & go on a crime spree & get away with it?
It seems if a person is a CEO they can do anything they want with zero liability. They don't even have to know what's going on in their companies. If everyone incorporated themselves we could close down prisons because there wouldn't be any laws that could touch you. You would be completely immune to personal liability for any of your actions.

Right wingers would worship me as a god so even if I was charged with a crime they would let me off if they were on a jury.

Wow, I guess I'm gonna go on a crime spree and when caught I'll just tell the cop I'm a CEO, and he will then apologize to me and let me go.

I think I'm going to like being a CEO. I don't have to know anything. I won't have any responsibilities. And I won't be accountable to anyone. I could even kill people and destroy entire seas with pollution and get away with it. I'll get to keep my mansions and billions I have in my offshore banks.

I'm starting to like 'libertarianism' and 'conservatism'!!!


You know what's strange? If Osama bin Laden incorporated Al Qaeda and named himself CEO he would be insulated from personal liability. Conservatives would cheer him on because he would be an incorporated 'business'. There B any difference between the terror caused by Bin Laden and the sociopathic terrorist Tony Hayward. Both have zero regard for others and are incapable of feeling. But at least Al Qaeda is motivated purely by a warped, evil sense of principles, while BP and all its executives are only motivated by greed & money. Which is more evil?
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:33 PM
Response to Original message
1. "It seems if a person is a CEO they can do anything they want with zero liability"
Edited on Tue Jun-15-10 02:34 PM by Statistical
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:36 PM
Response to Reply #1
4. Can you name a CEO who lost all of his personal fortune?
When the rich commit crimes they pay token fines or go to country club prisons and when they get out they get to keep all the money they stole. Almost all of them never face prison time.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:39 PM
Response to Reply #4
8. Bernie Maddoff.
:) That took all of nine seconds.

Still even that wasn't your original claim. You original claim is that CEO is immune for any crime.

I could be CEO come into your home rob it, beat you up, then make you watch as you family is murdered, then burn the house down.
Next I walk to the Police tell them what happened and show them my magic CEO get out of jail free card.

Not sure what planet hat happens but it certainly isn't earth.
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:46 PM
Response to Reply #8
13. My point was Tony Hayward won't see a dime of his wealth taken or serve any jail time...
Tony Hayward will remain a millionaire and he will keep his mansions and huge bank accounts regardless of how many people he killed through his company's premeditated negligence or the possible destruction of an entire sea. That is my point. And the world I am in is on this planet being destroyed by soulless CEOs who couldn't care less if they destroyed every living thing as long as they made a profit. Yes, THAT is my point.

CEOs should be held personally responsible for any acts by their companies. They get paid huge amounts of money but they are insulated from personal liability.

There is another thread where a woman poured mayonaise in a mailbox and was arrested. But if she was a CEO of a corporation that poured a trillion barrels of oil into the sea she would not suffer any penalty at all.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:50 PM
Response to Reply #13
15. You seem to think it is something magical about CEO.
Someone at Toyota fucked up making those accelerators.
Not just a CEO but some engineer somewhere. He isn't going to be held personally liable for the damages incurred by Toyota.

If an employee (CEO or janitor) is working on behalf of the company (coroproation, partnership, etc) then the company is liable for those employment related actions.

For example:
Janitor mops floor but doesn't put out wet floor sign because it is company policy - company liable not employee.
Janitor goes home and mugs someone at a ATM machine - janitor liable not company.

Tony Hayword won't suffer because he is RICH. His being a CEO has nothing to do with it. The rich have resources and resources give them options.
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:03 PM
Response to Reply #15
22. Can you cite corporate law that holds a CEO personally liable for actions by his company?
I don't know of any laws that go after CEO assets. There ARE laws that will allow the government to take everything an average person makes. I didn't say CEOs were magical, just insulated from personal responsibility. The company might be liable but not the officers. It seems obvious there were enormous pressures and even demands from upper BP management to drill and not stop and then the rig exploded. There will be a sacrificial lamb at BP but the liability won't ever reach the CEO. He will keep his fortune regardless of whether he caused the disaster through his negligence or not.

The head of Toyota IS Mr. Toyota and he won't suffer financially. CEOs are virtually immune to any prosecutions yet they make fortunes. Why is that? Why can someone have zero accountability and not even know what's going on in their companies and make millions a year?
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:12 PM
Response to Reply #22
24. "corporate law".
Edited on Tue Jun-15-10 03:14 PM by Statistical
Can you cite any code that hold a janitor, or assembly line worker, or engineer responsible for the actions of a corporation?

The corporation is liable for its own actions. Period. If an individual commits a personal violation of the law then they can be tried and convicted for it.


There is nothing magical about a CEO. A CEO under the law is just an employee of a company. He/she is nor more or less liable than any other employee.

http://www.google.com/search?q=CEO+sentence&hl=en&client=firefox-a&hs=iRI&rls=org.mozilla:en-US:official&tbs=nws:1,qdr:m&source=lnt&sa=X&ei=P94XTJywGsG88ga8u530DA&ved=0CBYQpwU

Once again 300+ examples in just last 30 days.

Former ClearOne Communications CEO Frances Flood was sentenced to four years in a federal prison on Wednesday for masterminding a scheme to artificially inflate the company's 2001-02 revenue to boost its share price.

Former Vivendi CEO admits in court to errors. Risks up to five years prison, 375,000 euros fine

Former Dynus CEO Carter sentenced to 15 years. U.S. District Court Judge Sandra Beckwith handed down the sentence, and also ordered Carter to pay almost $5 million in restitution.


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John Q. Citizen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:19 PM
Response to Reply #8
25. yet when a company such as W. R. Grace poisens an entire community, who did jail time?
Nobody.

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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:25 PM
Response to Reply #25
30. Why did OJ simpson go free when other criminals get sentenced for lesser crimes.
Our judicial system is imperfect and money/power is an asset in legal matters however that doesn't mean CEO have some magical power that keeps them out of jail.

They have MONEY and rich defendants are convicted at a much lower rate than poor ones.
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John Q. Citizen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 05:59 PM
Response to Reply #30
35. The whole point of incorporation is to limit liability.
This works to shield evil doers both economically and to some extent, legally, from personal responsibility.

Corporations have more clout than many countries do. They certainly have more money.






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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:21 PM
Response to Reply #8
27. Bernie did not go to jail for stealing
Bernie went to jail for stealing from rich people.

If you're a CEO, you can steal from the poor. You can steal from the middle class. You can steal from the church. You can steal from the government.

But if you steal from rich people, you are going down.

Word.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:24 PM
Response to Reply #27
29. 300 more examples in last month,. Knock yourself out.
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 05:48 PM
Response to Reply #29
32. Wow -- 300 CEOs of Fortune 500 companies went to jail?
Why haven't I read about this before
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 07:13 PM
Response to Reply #32
38. You think there are only 500 companies in the world? Really? n/t
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no limit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:02 PM
Response to Reply #1
21. Statistical, why do you always have to bring facts and logic in to these threads?
You have a habit of pissing on the parade, don't ya?
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 07:47 PM
Response to Reply #21
41. A bad habit I guess. I don't know why I do it. It rarely does any good. n/t
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Oregone Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:33 PM
Response to Original message
2. Not exactly
"If Osama bin Laden incorporated Al Qaeda and named himself CEO he would be insulated from personal liability."

You are confusing executives (glorified laborers) with shareholders. Corporations limit shareholder liability primarily.
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:39 PM
Response to Reply #2
7. Can you give me the name of any CEO who lost all of his personal fortune?
Including their mansions, luxury cars, offshore accounts, etc...? Tony Hayward will still be a millionaire regardless of the damage he caused to others. If you are at the top of a corporation you are insulated from personal liability. Do you know any cases where a wealthy CEO was left a pauper and out on the streets?
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Oregone Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:45 PM
Response to Reply #7
11. CEOs are workers
If you can find any example of a worker who has been found personally negligent from actions performed while at work, then there you go.

As far as liability is concerned, it is the shareholders who are shielded
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:50 PM
Response to Reply #11
14. I had a lot of stock in a company that declared bankruptcy, changed its name and kept its officers.
They nullified the value of all existing shares and issued new shares. The thugs at the top of the corporation got to keep their jobs and received new shares, while I was left holding stock worth nothing. I was not shielded from anything. Corporations can screw their shareholders in any number of ways. They can even short their companies through third parties and destroy their own companies and make fortunes as their companies go under.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:53 PM
Response to Reply #14
18. You were shielded. Creditors couldn't come after you for outstanding debts.
Edited on Tue Jun-15-10 02:56 PM by Statistical
You maximum loss is equal to your maximum investment.

In other forms of ownership (partnership) for example creditors could place a lien on your personal home, garnish your wages, seize funds intended for your child's education.

While you may not realize it or appreciate it you have substantial protection as a shareholder. It is a method to compartmentalize your risk and protect your unrelated assets. Then again a shareholder investment is the least protected (notice difference between protection of shareholder and protection of his/her investment) in the capital structure.

If you want more protection maybe you should look at bonds.

"They can even short their companies through third parties and destroy their own companies and make fortunes as their companies go under."
That would be a securities violation.
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NoNothing Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:57 PM
Response to Reply #14
19. You were shielded from liability
E.g., you could not personally be sued for something the company did.

Shareholders are never shielded from losing their investment if the company tanks, though. Possibility of profit goes along with risk of loss.
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fascisthunter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 06:05 PM
Response to Reply #19
36. even if the company's actions were criminal... yes, we see that
Edited on Tue Jun-15-10 06:05 PM by fascisthunter
it's called corruption and it's not to be excused.
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billh58 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 06:24 PM
Response to Reply #7
37. Which part of
Edited on Tue Jun-15-10 06:33 PM by billh58
the purpose of incorporating a company do you not understand? NO employee, including the CEO AND the janitor, are liable for the actions (or non-actions) of a corporation. If the CEO OR the janitor break a law (embezzlement, fraud, insider trading, etc.) THEN they can be held personally accountable.

In your scenario, if the CEO of BP could be held accountable for the oil spill, than so could the engineers who planned the operation, the drillers who performed the operation, and everyone else connected with the rig (including the janitor) when it blew.

The corporation, BP, is currently being held accountable monetarily, and may face further fines and penalties.

As an old mentor used to say, "It may not be right, but it's true."
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RKP5637 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:46 PM
Response to Reply #2
12. +100, ... executives = glorified laborers , great analogy!!! n/t
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:35 PM
Response to Original message
3. Doesn't it seem as though being a corporation is like having an evil twin
Edited on Tue Jun-15-10 02:35 PM by EFerrari
or an imaginary friend? Whatever you do, it's not your responsibility.
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phantom power Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:37 PM
Response to Original message
5. Well, no. That only works for Wealthy And Powerful CEOs of Powerful Corporations.
Us mortal people and mortal corporations, not so much.
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yellerpup Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:38 PM
Response to Original message
6. As long as you remember to cut in the right people
you are gold. Evil is evil whether it's Al Qaeda or anyone else who is robbing you of a future for whatever warped reasons. Both of the entities you mention feel justified doing whatever they like and they don't care who gets hurt. The only difference is that one will take full credit for f*%#ing with you and the other makes lame excuses.
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:40 PM
Response to Reply #6
9. So that makes Al Qaeda more 'ethical' & 'honest' than corporate leaders :)
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yellerpup Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 07:14 AM
Response to Reply #9
43. Well, bin Laden did deal a slice to
Crashcart (Halliburton) and Chimpy (family friends), for starters. All the same, just business as usual.
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T Wolf Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:41 PM
Response to Original message
10. Brings to mind the Steve Martin joke about "How to live like a millionaire" from many years back.
First - get a million dollars.

Second - ...

The rich know that they own the system and that the special allowances they enjoy are not for the common people,

whether you are incorporated or not.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:50 PM
Response to Original message
16. Ever heard of Richard Scrushy?
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 05:58 PM
Response to Reply #16
34. Ever hear of the Exxon Valdez incident?
What CEO went to jail after that? :shrug:
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NoNothing Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 12:12 AM
Response to Reply #34
42. Why *should* the CEO have gone to jail?
The CEO did not get drunk and crash the boat, the captain did. And he DID go to jail.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 07:39 AM
Response to Reply #34
44. Can you cite any specific crimes Exxon's CEO committed in that incident?
:shrug:
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:12 AM
Response to Reply #44
49. Negligence for starters
Why do republicans always scream 'personal responsibility' until another republican is involved?:shrug:
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:17 AM
Response to Reply #49
51. What negligent acts did Exxon's CEO personally committ?
:shrug:
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:48 AM
Response to Reply #51
54. He is responsible for his ship captains
Edited on Wed Jun-16-10 08:50 AM by Kingofalldems
But I think you knew that.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:57 AM
Response to Reply #54
57. So if you are a business owner and one of your employees rapes or robs someone you think you should
go to jail.

The captain was qualified. The captain made an error in judgment. The CEO shouldn't be held personally and criminally liable for every action of every employee in the company.
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Nye Bevan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 09:07 AM
Response to Reply #54
58. "He is resonsible for his ship captains"
So any CEO of any company should be held criminally responsible for any crime committed on the job by any of his workers? You don't see any problems at all with this theory?
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catzies Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:51 PM
Response to Original message
17. You forgot an important middle step: spend a fortune lobbying on your behalf
Gotta buy your government somewhere along the way.
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AnArmyVeteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:05 PM
Response to Reply #17
23. Exactly. They use their corporate fortunes to buy politicians to write laws to protect them.
You get an A for the best answer.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 02:57 PM
Response to Original message
20. Ever heard of John DeLorean?
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 05:51 PM
Response to Reply #20
33. Ever hear of Tony Hayward?
Edited on Tue Jun-15-10 05:53 PM by Kingofalldems
:shrug: The Gulf is now destroyed. Will he go to jail? :shrug:
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 07:40 AM
Response to Reply #33
45. Can you cite any specific crimes Hayword committed in that incident?
:shrug:
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:16 AM
Response to Reply #45
50. Again-negligence re the explosion-- plus many others federal and state.
Why do republicans jump in and defend rich CEOs all the time? :shrug:
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:22 AM
Response to Reply #50
53. What neligent acts did Hayward committ?
If you have evidence, why haven't you given it to the government so that Hayward can be prosecuted?

As I am sure that you are aware, Republican tend to seek vengeance rather than justice, even when there is no evidence.
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Kingofalldems Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:52 AM
Response to Reply #53
55. Criminal investigation already underway
Are you perhaps trying to goad me so you can run to the mods?
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 10:22 AM
Response to Reply #55
60. Indeed. Are you going to present any evidence that Hayward committed or was aware of any
criminal activity? You seem to be pretty sure that he is guilty.
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:19 PM
Response to Original message
26. Yes, you can -- but first
you have to hire someone at minimum wage to take the fall. As long as there is someone to take to fall -- the CEO can get away with murder.
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glitch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:21 PM
Response to Original message
28. Not without cronies. nt
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TheKentuckian Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 03:25 PM
Response to Original message
31. Gotta be wealthy and well connected too.
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harun Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 07:15 PM
Response to Original message
39. Yes. But will need $$$ for lawyers.
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branders seine Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jun-15-10 07:29 PM
Response to Original message
40. you'll need a PAC and one election cycle first
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Fla_Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 07:41 AM
Response to Original message
46. Give it a shot, keep us informed
:smoke:
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blindpig Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 07:48 AM
Response to Original message
47. If ya got deep pockets it will probably work. n/t
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Hubert Flottz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 07:51 AM
Response to Original message
48. Only if you are a CONservative CEO.
Or you send vast amounts of cash to the GOP.
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 08:22 AM
Response to Original message
52. In the end you are against large companies on principle
So how about advocating the antitrust laws be changed as they are not doing enough?

How large should a company be allowed to be?

And please don't complain if they lay off thousands - because that is just making them smaller.

CEOs cannot get away with anything - BP is going to suffer and owes so much in claims it will go out of business.
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ProgressiveVictory Donating Member (322 posts) Send PM | Profile | Ignore Wed Jun-16-10 08:52 AM
Response to Original message
56. do you have enough money to pay the politicians off?
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kenny blankenship Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 09:23 AM
Response to Original message
59. Only if you steal A LOT of money.
Little crimes are always punished.
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Freddie Stubbs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-16-10 10:24 AM
Response to Original message
61. Ever heard of Bernard Ebbers?
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