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IBM, ESD, and corruption of governments

Over the past decade, US corporations IBM and EDS have been involved in development of the electronic record systems of the courts of the State of Israel.


According to the State Ombudsman 2010 report (60b): [1]

- The corporations were awarded contracts with no bidding;

- Development was initiated with no written specifications;

- No state employees were involved in core supervision, only individuals on personal special consulting contracts;

- The state customer did not perform any independent examination of the systems prior to implementation;

- The servers are located on corporate grounds, not under the courts administration;

- Unknown number of persons issued double smart ID cards.


Previous reports documented that the systems, developed by these corporations undermined the integrity of court records in Israel. [2]


Below are search results regarding involvement of IBM, EDS in other cases of corruption of governments.


As is often the case with high level corruption, one can assume that most cases are never exposed.


Although the systems implemented in the Israeli courts and the US courts are very different, the nature of the fraud in their systems is similar, and the end results are identical: conduct of simulated litigation and publication of simulated court decisions and judgments, and refusal of the offices of the Clerks of the courts to certify the courts' decision. [3-5]


"A court, which refuses to certify its own decisions, is certified corrupt," concludes Joseph Zernik, PhD, of Human Rights Alert (NGO).




LINKS:

[1] 10-00-00 State of Israel - Ombudsman's Report 60b, Ministry of Justice Computerization (2010) p 693 Et Seq

http://www.scribd.com/doc/50624862/

[2] 12-02-07 PRESS RELEASE: False Dates, Certifications in the Electronic Records of the Supreme Court of the State of Israel

http://www.scribd.com/doc/80759783/

[3] "Simulated litigation", "simulated decisions", "simulated service" here refer to conduct defined in the Texas Criminal Code as follows:

Texas Penal Code �32.48. SIMULATING LEGAL PROCESS.

(a) A person commits an offense if the person recklessly causes to be delivered to another any document that simulates a summons, complaint, judgment, or other court process with the intent to:

(1) induce payment of a claim from another person; or

(2) cause another to:

(A) submit to the putative authority of the document; or

(B) take any action or refrain from taking any action in response to the document, in compliance with the document, or on the basis of the document.

(b) Proof that the document was mailed to any person with the intent that it be forwarded to the intended recipient is a sufficient showing that the document was delivered.

[4] 12-01-29 Table Summary II: Refusal of the Supreme Court of the State of Israel to Provide Clerk�s Certification of Decisions, Records of the Court s

http://www.scribd.com/doc/79770852/

[5] 11-02-09 Press Release: �Don�t Ask, Don�t Tell� the US Court of Appeals, 9th Circuit Insists on Conducting a Simulated Appeal from a Simulated Judgment of the US District Court

http://www.scribd.com/doc/49070315/


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IBM

1) IBM Fined USD10 Million For China CorruptionMarch 21, 2011
By Editorial Staff

The U.S. Securities and Exchange Commission charged IBM with funneling gifts, cash, and entertainment to government officials in South Korea and China.

Specifically, IBM was charged with violating the books and records and internal control provisions of the Foreign Corrupt Practices Act of 1977 as a result of the provision of improper cash payments, gifts, and travel and entertainment to government officials in South Korea and China.

http://www.chinasourcingnews.com/2011/03/21/252665-ibm-fined-usd10-million-for-china-corruption/



2) IBM pays $10 mln to settle bribery

March 19, 2011 6:03 AM EDT

IBM has agreed to pay $10 million to settle a complaint its employees bribed South Korean and Chinese officials with cash, gifts and entertainment in return for business for more than a decade.

The U.S. Securities and Exchange Commission alleged emloyees of IBM Korea and a local joint venture with LG Electronics paid bribes to South Korean government officials, according to a court document on Friday.

http://www.ibtimes.com/articles/124579/20110319/ibm-pays-10-mln-to-settle-bribery.htm



3) Former Illinois governor guilty in corruption case

Former Gov. George Ryan was convicted of steering state contracts and leases, including a $25 million IBM computer deal, to political insiders. The Seattle Times, April 18, 2006.

http://projects.exeter.ac.uk/RDavies/arian/scandals/political.html



4) Lawmakers hail arrest in IBM bribe case

The ex-president of Argentina�s largest bank, Aldo Dadone, was arrested on charges of "illicit association" in connection with a high-profile 1993 corruption case involving IBM. Reuters Feb 9, 2001.

http://projects.exeter.ac.uk/RDavies/arian/scandals/political.html



5) Swiss Banks Turn Over Millions to Argentina in IBM Bribery Scandal

Swiss banks turned over $4.5 million to Buenos Aires authorities. These funds were traced to accounts held by several local central bank officials who admitted to accepting bribes from IBM-Argentina in 1995 in connection with a $250 million contract awarded to IBM Argentina by the state-owned Banco Nación for a computerized information system.

http://projects.exeter.ac.uk/RDavies/arian/scandals/political.html



6) Suspicious death adds to IBM scandal

Marcelo Cattaneo - an entrepreneur involved in the IBM bribe scandal was found hanged. October 1998.

http://projects.exeter.ac.uk/RDavies/arian/scandals/political.html


7) IBM Cleanses Its China Ranks Of Corrupt Staff


June 21, 2010

IBM's recent anti-corruption campaign in China has reportedly resulted in the resignation or downgrading of more than 120 employees in the company's Chinese offices.

The Chinese media reported that about a month ago, over 120 employees from IBM China were investigated. Of them, about 100, including two top executives, were downgraded to a lower position and more than 20 others were asked to leave the company. According to China's CBN Weekly, most of the employees involved are from the company's sales and service departments.

http://www.chinatechnews.com/2010/06/21/12228-ibm-cleanses-its-china-ranks-of-corrupt-staff



_____



EDS

1) U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 20296 / September 25, 2007

SEC v. Chandramowli Srinivasan, Civil Action No. 1:07-CV-01699 (RBW)(D.D.C.)

Former President of EDS's Indian Subsidiary Settles SEC Injunctive Action Relating to Violations of the Foreign Corrupt Practices Act

http://www.sec.gov/litigation/litreleases/2007/lr20296.htm


Added: Feb-9-2012 Occurred On: Feb-9-2012
By: HumanRightsAlert
In:
World News, Regional News, Other News, Politics
Tags: [NYSE:IBM], [NYSE:EDS], corruption, US, Israel, China, India, Latin America
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