Finally - A CEO Goes to Jail for Killing People

On Monday, a federal jury sentenced the former owner of the now defunct Peanut Corporation of America to 28 years in prison for his role in one of the largest salmonella outbreaks in U.S. history.

The outbreak happened in 2008 and 2009. It was blamed for nine deaths and hundreds of cases of salmonella, and it triggered one of the largest food recalls in U.S. history.

The 28 year sentence is the stiffest punishment that a producer has ever received in a case of foodborne illness.

But Parnell wasn't charged with killing or sickening anybody - even though the outbreak was connected to at least 9 deaths across 5 states.

No - even though his actions led to the equivalent of a killing spree across multiple states - he was charged for 67 counts of defrauding customers.

But this case is actually even more basic than fraud. At its roots is the simple motivator that has tainted business dealings since the beginning of time.

Greed.

As District Judge W. Louis Sands explained about the case: "these acts were driven simply by the desire to profit and to protect profits notwithstanding the known risks [from Salmonella]. This is commonly and accurately referred to as greed."

And that shouldn't be surprising to anyone - for-profit corporations exist first and foremost to make money.

Even our founding fathers knew that. James Madison wrote in 1817 that "there is an evil which ought to be guarded against in the indefinite accumulation of property from the capacity of holding it in perpetuity by…corporations. The power of all corporations ought to be limited in this respect. The growing wealth acquired by them never fails to be a source of abuses."

And for over a century - from the founding of America until the late 19th century - states maintained control over corporations and corporate power in order to keep that "source of abuses" in check.

Our founding fathers had just fought the Revolutionary War to break the hold of the monopolistic British East India Company over the colonies and were suspicious of overwhelming corporate power.

But they also knew that the newly-founded country wouldn't be able to grow without manufacturing and domestic corporations that could facilitate that.

And so from the very first days of our country: local, state and federal legislatures retained the power to limit corporate activity while still encouraging entrepreneurship.

Much of that power was based in "Revocation Clauses" - the ability of the state to revoke the corporate charter. "The corporate death penalty."

It was a well-recognized legal fact at that time that corporations are "artificial persons" - and that they only really exist by the authorization of state legislatures in the form of a corporate charter.

And corporate charters were like a driver's license for much of our country's history - the government granted the owners of a corporation permission to operate in a certain way for a certain period of time.

There's two key parts there. First - that the government is giving permission to operate - permission which can be revoked.

The second key part is that the license or the charter only gives permission to operate IN A CERTAIN WAY.

A driver's license isn't a license to drive a car at any speed anywhere - those are things that can lead to a suspended license.

And historically a business charter would be revoked if the corporation acted anti-competitively or put citizens at risk with its operations.

And much like a driver's license - for much of our country's history, a corporation would have to apply to have its charter renewed after a set amount of time.

But that all changed in the late 19th century and early 20th century when states like New Jersey and Delaware started changing their charter laws to appeal to the nation's largest corporations and to allow them to operate in ways that other states didn't.

Those states led the charge against limits on corporate behavior - they allowed corporations to live forever - and they allowed them to have interlocking boards.

And that started a nationwide race to the bottom in terms of limiting corporate behavior.

If states wanted to attract the largest and most successful corporations, they would have to loosen their restrictions on corporate charters.

And that race to the bottom turned international as businesses grew into the multinational monopolists that we know today.

It's good that Stewart Parnell is being held accountable for knowingly putting the public in danger.

And it's good for the public that - in this case - the Peanut Corporation went bankrupt shortly after the initial recall of their products.

But the simple fact is - this isn't the first or the last time that corporate greed has been "a source of abuses."

Take liability caps on oil spills, pipeline ruptures, and mine collapses that let fossil fuel companies continue to operate even after poisoning our waterways and endangering their workers.

Or the world's biggest banks that brought the global financial system to its knees by defrauding anyone and everyone in the pursuit of endless profits.

Those businesses will keep putting profits over people as long as they know that the worst that will happen is a fine.

And that's why it's time to bring back the corporate death penalty and begin jailing corporate criminals.

Comments

zapdam's picture
zapdam 7 years 35 weeks ago
#1

Small potatoes , convict and jail a peanut maker, make it front page news across America , scream it loud and often, give the people the illusion that justice is being meted out. Meanwhile GM officials directly responsible for killing hundreds of its customers who bought their defective cars, to big to jail, get punitive fines and walk away from murder scot-free.

mathboy's picture
mathboy 7 years 35 weeks ago
#2

Nice to start the show with a Biblical discussion. Thanks to yesterdays' newsletter, I found a couple interesting verses.

Matthew 5:34 seems to recommend not swearing on a stack of Bibles. "But I tell you, do not swear an oath at all: either by heaven, for it is God’s throne."

Matthew 5:47 seems to recommend not blocking people that disagree with you on Facebook. "And if you greet only your own people, what are you doing more than others? Do not even pagans do that?"

mathboy's picture
mathboy 7 years 35 weeks ago
#3

The topic of the prosperity gospel brings back something I said months ago. You can almost equate evil and selfishness, but it takes a certain amount of selfishness to maintain oneself well enough that you can then help others. So some selfishness is necessary, otherwise you're a burden. Sometimes people forget that there may be a happy medium, rather than the best position being an extreme.

mathboy's picture
mathboy 7 years 35 weeks ago
#4

Visegrád Group is the set of eastern European countries mentioned in the TRN segment.

mathboy's picture
mathboy 7 years 35 weeks ago
#5

Thom's history is off by about 40 years. The monarchy was restored in England in 1660. The Mayflower sailed to Plymouth in 1620 during the reign of James I, the first Catholic monarch since Henry VIII created the Anglican Church in 1534.

2950-10K's picture
2950-10K 7 years 35 weeks ago
#6

Mathboy...you're forgetting Bloody Mary, 1553!!!

2950-10K's picture
2950-10K 7 years 35 weeks ago
#7

Most corporations are owned by shareholders who elect the board of directors....hold everyone responsible for the corporate crimes and then watch reckless out of control profit driven behavior quickly subside..... liability based on number of shares owned.

DAnneMarc's picture
DAnneMarc 7 years 35 weeks ago
#8
Quote mathboy:Nice to start the show with a Biblical discussion. Thanks to yesterdays' newsletter, I found a couple interesting verses.

Matthew 5:34 seems to recommend not swearing on a stack of Bibles. "But I tell you, do not swear an oath at all: either by heaven, for it is God’s throne."

Matthew 5:47 seems to recommend not blocking people that disagree with you on Facebook. "And if you greet only your own people, what are you doing more than others? Do not even pagans do that?"

mathboy ~ Interesting interpretations! I would agree!

RLTOWNSLEY's picture
RLTOWNSLEY 7 years 35 weeks ago
#9

zapdam, Volkswagen's COO was forced to quit yesterday for his part in approving the covert tampering of pollution control systems. Hopefully this is a growing trend that will change things but I seriously doubt that VW's COO departed the company without receiving a very generous bailout package ! Carly Fiorina ran HP into the ground and she left the company a multi-millionaire thus giving her the economic means to seek the country's top leadership position ! Given the fact that this topic's exchange of ideas has taken on a religious aspect, these corporate leaders can essentially be considered False Gods. A direct violation of one of the Christian God's ten commandments ! But this begs yet another question, why are the Fundamentalist Religious groups in this country some of the Corporate Right's biggest supporters ?

mathboy's picture
mathboy 7 years 35 weeks ago
#10

2950-10K, you're totally right. But she reigned for only 5 years, and it took 17 for James to piss off the Puritans enough that they'd leave.

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