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Building Grassroots Democracy

January 2, 2007 by staff

Reports on selected local and state level initiatives

Published January 2, 2007

Preempting Corporate Subsidies

ReclaimDemocracy.org’s Kansas City Chapter will release a study later this month revealing that corporate subsidies are consistently going to the city’s most economically advantaged areas and bypassing those most in need of economic development. The chapter aims to use this documentation to overhaul the way subsidies are granted.

Update: Feb 10, 2007: The report may have helped spark additional scrutiny of TIF subsidies for the Wal-Mart Corporation in the KC area.

 Imagine Citizens Actually Choosing Our President!

Our method of indirectly electing U.S. presidents via the Electoral College repeatedly has helped put losers of the national popular vote into office — most recently George W. Bush in 2000. It also harms democracy indirectly by compelling presidential candidates to ignore the concerns of citizens in most states by focusing narrowly on the few “swing states” where citizens’ votes actually could influence who will serve as president.

If this sounds overstated, consider that more money was spent on ads in Florida in the final month of the 2004 campaign than in 46 other states combined.

More proposed constitutional amendments have addressed eliminating the Electoral College than any other issue, yet we’ve remained stuck with this archaic and anti-democratic process due to the unwillingness of less-populated states to give up their “bonus” of enjoying more electoral votes per capita than more populous states (whether they actually gain power from the current system is debatable).

But we’ve not given up hope. National Popular Vote shows an alternative path to democratizing presidential elections. It’s based on the realization that our Constitution already gives states the collective power to reform the Electoral College.

States already have exclusive power over how to choose their electors. Maine and Nebraska currently allocate electoral votes to the candidate who wins each congressional district, for example, while in the 19th century, many legislatures simply appointed electors without holding elections.

Today, 48 states give every electoral vote the popular vote winner in that state, but they could just as easily allocate them to the national vote winner. Of course, one state on its own is unlikely to make this choice, but if a group of states representing a majority of Americans and a majority of Electoral College votes did so, the popular vote winner would necessarily win the presidency.

A binding agreement called an “interstate compact” is proposed to commit the states to acting in unison once the critical mass of states signed on. Sponsors already are lined up to introduce National Popular Vote bills in AL, AZ, CA, CO, DE, GA, HI, IA, IL, KY, LA, MD, ME, MN, MO, MT, NC, ND, NH, NY, OH, OR, PA, RI, VA, VT, WA, WI, and WY and we expect bills to follow in every state.

Of course, this measure must be accompanied by many other structural reforms we advocate, but National Popular Vote offers a concrete plan to help make candidates for our one national elected office more responsive and accountable to every voter.

Visit NationalPopularVote.com for more information. Please contact us regarding advancing National Popular Vote via a ReclaimDemocracy.org chapter.

Educating for Change

Our Orange County, CA (south suburban Los Angeles) Chapter is rapidly spreading awareness of runaway corporate power at the local level. In addition to achieving consistently strong turnout for chapter-organized events, chapter president Steve Spanier began teaching a course on democracy and corporate power through the University of California-Irvine ‘s continuing education program this fall.

Turnout (55 students) and feedback was so strong that the school requested not only a repeat of the course in the spring, but the addition of a related course!

A wide variety of civic groups in the area have hosted presentations by the local chapter and interest continues to build.

Contact Steve at 949-654-7500 or SSpanier@our domain name to obtain a course outline or to ask about submitting a proposal to a school near you. Contact us to learn more about doing local education and organizing.

Protecting Drinking Water from Corporatization

From outright corporatization of drinking water systems to depleting groundwater supplies, the availability of safe and inexpensive drinking water in the U.S. is endangered by more than pollution.

Our friends at the Community Environmental Legal Defense Fund and the Alliance for Democracy are working with communities to stop corporate takeovers of water supplies through organizing local workshops and passing pro-active laws.

Recently, they helped citizens in Barnstead, NH bar corporations from taking water from within the town for to resell and, advancing a direct attack on “corporate personhood,” prohibited corporations from using U.S. or state constitutional provisions to interfere in community governance or deny people’s rights.

See celdf.org or fwwatch.org to learn more.

Democratizing Elections

As we noted in our November e-mail newsletter, Instant Runoff Voting measures won big in Oakland and Davis, CA; Minneapolis, MN ; and Pierce County, WA — by an average margin of 24%. IRV measures are now 8-0 at the ballot box since 2002. Congratulations to our friends at FairVote who have led the way in advancing IRV, and thanks to our members who have assisted several of these efforts. See FairVote.org for more on the benefits of IRV and how to advance it.

© 2006 ReclaimDemocracy.org 

Filed Under: Transforming Politics, Walmart

Book Review: Big Box Swindle

December 31, 2006 by staff

Published December 31, 2006

Stacy Mitchell’s new book, Big Box Swindle, offers a compelling case for why uncontrolled proliferation of corporate chains undermines communities, competitive markets, and democracy. Mitchell provides a fine balance by detailing the big picture with extensive research while driving home the impact of problems with stories of real people, businesses and communities.

An especially interesting chapter is “Uncle Sam’s Invisible Hand,” which reveals how government policies have played an immense role in shaping the retail and other commercial development. Some of these policies, such as directly subsidizing politically powerful corporations, may be familiar to our readers, but Mitchell unearths many cases of more subtle government favoritism or discrimination that make clear the growth of corporate chains has not resulted from market forces alone.

Equally valuable, Mitchell details a wealth of positive and concrete measures that independent businesses and communities are taking to support hometown businesses and keep opportunities for entrepreneurs alive. This is not the brief “wish list” we too often see concluding books about the problems with corporate power, but real stories of viable solutions and who is creating them.

This isn’t surprising, since Mitchell works for the Institute for Local Self-Reliance and chairs the board of directors of the American Independent Business Alliance — two organizations leading localization efforts in the U.S.

Mitchell’s first book, The Home Town Advantage, quickly earned our recommendation, but in addition to having the most up-to-date data and examples, Swindle surpasses her earlier effort in breadth, depth and quality of narrative. After an opening chapter that’s interesting, but heavy on data, Mitchell’s engaging stories make Swindle a compelling read.

Big Box Swindle is one of the most important books in years. We encourage you to not only read it, but get it into the hands of friends, family and opinion leaders in your community

If you lack an independent book store in your town, you can order directly from our merchandise page or from the website (Beacon Press, 2006. $25 hardcover). Inquire for discount on multiple copies.

See BigBoxSwindle.com for additional reviews and Stacy Mitchell’s speaking schedule.

Filed Under: Independent Business

A Look Behind the Wal-Mart PR Machine

December 16, 2006 by staff

By Kris Hudson 
First published by The Wall St. Journal, December 7, 2006

Over the last year, Lee Scott has appeared on the Rev. Al Sharpton’s radio show, talked about pro-environment policies and given speeches that repeatedly state his organization’s devotion to “working families.”

If Mr. Scott, the chief executive of Wal-Mart Stores Inc., seems like he’s running for office, it’s no accident. For the last 15 months, the Edelman public-relations firm, led by seasoned political operatives, has been directing a campaign it calls “Candidate Wal-Mart.” The goal: Rescue the battered image of the world’s largest retailer.

Edelman’s bipartisan team has been behind the curtain during Wal-Mart’s most visible recent initiatives — and some of its public stumbles. When Wal-Mart decided to sell an array of generic drugs for $4 a prescription, Edelman orchestrated a 49-state rollout, lining up local dignitaries in 79 places for publicity events. The PR giant also organized a grass-roots group called Working Families for Wal-Mart. But it had to scramble when the leader it helped recruit, Andrew Young, made derogatory comments about ethnic shopkeepers and was forced to resign.

Wal-Mart badly needs a boost. Its sales growth has waned in recent years and an effort to reach out to higher-earning shoppers has sputtered, partly because of the company’s beleaguered image. Sales at stores open more than a year fell 0.1% in the four weeks ending Nov. 24 — only the second monthly drop in 27 years. This year Wal-Mart scaled back expansion plans amid pressure from investors and political opposition in New York, Massachusetts, California and elsewhere.

As Edelman and Wal-Mart see it, image is crucial for drawing customers, smoothing the way for new stores in urban areas and beating back legislation that would raise costs. “This is not a public-relations campaign,” says Michael Deaver, a former chief of staff for President Reagan who is now helping to oversee the Wal-Mart account as an Edelman vice chairman. “It’s a win-or-lose campaign. And if you’ve been involved in a presidential campaign, that’s the way you look at things.”

Leslie Dach, a former adviser to Democratic politicians, led the campaign’s first year as an Edelman vice chairman. Now Mr. Dach is a Wal-Marter in full: In July, the retailer hired him as an executive vice president for communications and government relations, reporting directly to Mr. Scott, the CEO.

For years Wal-Mart did little to promote itself as a positive social force, believing its low prices would speak for themselves. But as it mushroomed to become one of the world’s biggest companies — with 6,700 stores and $312 billion in sales last year — it increasingly felt the sting of public criticism and pressure to fight back.

The pressure grew last year when unions started two organizations to hammer Wal-Mart: the Service Employees International Union’s Wal-Mart Watch and WakeUpWalMart.com, funded by the United Food and Commercial Workers union. At Wal-Mart’s annual meeting on June 3, 2005, Mr. Scott said: “Your company is the focus of one of the most well-organized and well-financed corporate campaigns in history…A coalition of unions and others are spending over $25 million this year alone to try to do damage to this company.”

A few weeks later, on June 28, two dozen Wal-Mart executives sat behind tables at a community-college conference center in Bentonville, Ark., Wal-Mart’s hometown. They heard pitches from three PR firms chosen as finalists — Edelman, APCO Worldwide and DCI Group.

War Room of Publicists 
In their “Candidate Wal-Mart” pitch, Messrs. Dach and Deaver of Edelman described a campaign with all the trappings of a U.S. presidential bid. A war room of publicists would respond quickly to attacks or adverse news. Operatives would be assigned to drum up popular support for Wal-Mart via Internet blogs and grass-roots initiatives. Skeptical outside groups, such as environmentalists, would be recruited to team up with Wal-Mart. Edelman won and quickly put its plan into practice, with three dozen staffers working on the account in Washington, D.C., and Bentonville.

Wal-Mart had been mulling the $4-per-prescription program before Edelman’s arrival, but the firm saw it as a chance to promote Wal-Mart as a catalyst for health-care change. In late September, Wal-Mart executives gathered with Florida officials, including Gov. Jeb Bush, to announce the program’s introduction in the Tampa area. That generated national coverage, despite Wal-Mart’s initial statements that it wouldn’t expand the program beyond Tampa until 2007. Then the company rolled it out in rapid-fire succession to 48 other states, declaring that the low-cost pills were so popular it didn’t want to keep people waiting.

The acceleration of the program earned new national coverage, but even more important were local news outlets. The 79 news conferences arranged by Edelman across the country helped the effort win notices from The Dallas Morning News, Vermont ‘s Burlington Free Press and others.

Privately held Edelman is the largest U.S. public relations firm with 2005 revenue of $254 million and clients such as Microsoft Corp. and Pfizer Inc. (Dow Jones & Co., publisher of The Wall Street Journal, has also been a client.) Both Wal-Mart and Edelman decline to disclose Edelman’s fee, but outside estimates put it in the millions of dollars annually.

Mr. Dach, a slightly built 52-year-old, was born and raised in the New York City borough of Queens, son of a homemaker and a small-business owner in Manhattan ‘s garment district. He studied neurobiology at Yale but quickly was drawn to politics, working on the advance teams of Sen. Edward Kennedy and President Carter during their 1980 presidential bids.

He went on to play prominent advisory roles for Democrats in five of the next six presidential campaigns. He prepared Al Gore for debates in 2000 and handled publicity for Democratic efforts in 2004 to keep Ralph Nader off the ballot in several states. In between campaigns, he spent 17 years at Edelman advising clients such as a Fujifilm Corp. division and the Nature Conservancy.

Mr. Dach believes his experience trouble-shooting for political candidates can be applied to the corporate world. “Every crisis is an opportunity,” he said in a recent interview. “The American people understand imperfection. But what they want to see is a company taking responsibility and then moving forward.”

Soon after getting hired by Wal-Mart, Edelman found an opening. In the wake of Hurricane Katrina, Wal-Mart rushed to reopen its stores and speed supplies to the storm-damaged areas. Edelman helped Wal-Mart get coverage for its efforts and spotlighted Jason Jackson, the retailer’s emergency-planning director. Mr. Jackson gave interviews, spoke on a conference call with reporters and gave some a peek into his command center for tracking weather and routing supplies.

After the storm, evacuees and local officials proclaimed in the news that Wal-Mart had outhustled the federal government. Also, Wal-Mart quickly made a $15 million donation to the hurricane-relief fund organized by former Presidents Clinton and Bush. The two ex-presidents praised Wal-Mart’s generosity.

Another early Edelman initiative was Working Families for Wal-Mart, the grass-roots organization. The idea was to allow Wal-Mart’s defenders to strike back against critics without requiring the company’s own PR staff to enter the fray. Wal-Mart provided the group’s funding and Edelman staffed it.

Edelman executive Greg St. Claire played a leading role in recruiting Mr. Young, the former U.S. ambassador to the United Nations, as the group’s chairman, according to people who spoke with Mr. St. Claire. They say Mr. St. Claire told colleagues how Mr. Young had praised Wal-Mart in public comments. Wal-Mart says its diversity department came up with the idea of bringing in Mr. Young. Mr. St. Claire declined to comment and Mr. Young’s office didn’t return phone messages.

Others recruited by Edelman for the group’s 14-member steering committee include Wheelchair Foundation vice president Chris Lewis, the son of entertainer Jerry Lewis, and singer Pat Boone. In its first year, Working Families for Wal-Mart reports amassing 150,000 supporters and assembling steering committees of local dignitaries in six states.

Yet the Working Families group has produced some of Edelman’s worst fumbles, too. Union-backed Wal-Mart Watch swooped in to claim the workingfamiliesforwalmart.com Web address, and posted statements there mocking the company-backed group as artificial. In August of this year, Mr. Young raised a stir when he told an African-American newspaper in California that Jewish, Korean and Arab shopkeepers overcharged inner-city African-Americans for stale food. He had been asked about Wal-Mart’s impact on mom-and-pop businesses. Mr. Young apologized and resigned from Working Families for Wal-Mart.

Faux Pas
In October, bloggers and mainstream media criticized Working Families for Wal-Mart for not disclosing the full identities of two people — one the sister of Edelman’s Mr. St. Claire — whom it enlisted to write a pro-company blog. The two drove an RV around the country and posted happy accounts of the Wal-Mart customers and employees they encountered. Edelman’s chief executive, Richard Edelman, apologized on his own blog for the lack of disclosure.

The faux pas had union groups crowing. “Edelman stumbled badly on the Wal-Mart account, and the fake-blog episode is fast becoming a case study on the importance of PR transparency,” said Wal-Mart Watch spokesman Nu Wexler.

In its pitch for the account, Edelman had warned Wal-Mart that Google results for a “Wal-Mart” search yielded mostly unflattering material, potentially overshadowing the company’s own sites. Edelman sought to balance that equation by funneling positive information about Wal-Mart to bloggers. For example, news that 24,500 people applied for 325 jobs at a new Wal-Mart outside of Chicago made its way onto some blogs.

Edelman has also tried to help Wal-Mart gain some control over the issue of health care. In October 2005, Wal-Mart Watch distributed an internal Wal-Mart document detailing strategies for cutting health-benefit costs by discouraging unhealthy job applicants. In January, Maryland enacted a law targeting Wal-Mart that required large employers to spend certain amounts on health-care benefits for workers in the state. The law spurred similar bills prompted by labor groups in more than two dozen states.

Mr. Dach pushed Mr. Scott to discuss health in a February speech to the National Governors Association. “Everybody was telling Leslie, ‘We can’t do health care now. We don’t want to talk about health care.’ But Leslie just kept at it,” says Mr. Deaver. Mr. Scott took Mr. Dach’s advice, announcing in his Edelman-drafted speech that Wal-Mart would improve health benefits for its workers by such steps as loosening eligibility requirements for part-timers.

Company officials are heartened that none of the bills modeled on Maryland ‘s law survived this year, although that may have more to do with a federal judge’s decision in July to strike down the Maryland law because he said it encroached on federal authority.

In Mr. Scott’s speech at this year’s annual meeting, he used an Edelman-inspired line with political echoes: “This company is committed to working families.” In all, Mr. Scott used the expression “working families” 10 times in that speech, which Edelman wrote, and 11 times in two other talks around the same time. Since Edelman’s hiring, Wal-Mart has issued at least 44 press releases mentioning working families to describe its customers and employees.

Later in the summer, Edelman booked Mr. Scott in several unfamiliar forums, such as Mr. Sharpton’s radio show, where the CEO fielded questions from listeners. In July, Mr. Dach arranged for former Vice President Al Gore to speak about environmental issues and screen his global-warming movie “An Inconvenient Truth” at a quarterly meeting of Wal-Mart employees and environmental groups. Mr. Gore’s camp initially had concerns about Wal-Mart’s sincerity on the issue, but Mr. Dach helped allay them. “Leslie brings some credibility and integrity,” said Roy Neel, Mr. Gore’s chief of staff.

This summer, Wal-Mart decided to bring Mr. Dach in-house. Mr. Dach was already so intimately involved in planning that he sometimes heard of key developments within Wal-Mart prior to the company’s own senior PR staffers, according to people familiar with the situation. Yesterday, Robert McAdam, who has been a top Wal-Mart PR executive since 2000, told colleagues he is leaving the retailer. In an interview, Mr. McAdam said his departure has nothing to do with Mr. Dach’s arrival.

In hiring Mr. Dach, Wal-Mart granted him stock then valued at $3 million and nearly 169,000 options. The retailer allows him to split his time between Bentonville and Washington , D.C., with Washington remaining his primary residence. He also gained oversight of the $1 billion Wal-Mart Foundation, a charitable group. “I’m convinced Wal-Mart is changing and the change is real,” Mr. Dach wrote in an email to friends announcing the move.

© 2006 Wall St. Journal

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Filed Under: Walmart

Wal-Mart Charity Evaluated

December 13, 2006 by staff

Critics question company’s motives

By Liza Featherstone 
First published in the Nov. 21, 2005 issue of The Nation

With a combined fortune of more than $90 billion, the Waltons–the immediate heirs of Wal-Mart founder Sam Walton–are the richest family in the world. Five of the country’s ten richest individuals are members of Sam’s immediate family: his wife, Helen, and their three surviving children–Rob, Jim and Alice–as well as his late son John’s widow, Christy (John Walton died in June when his private plane crashed). Until recently, however, they gave away little of their fortune. As Sam Walton explained in his 1992 autobiography, Made in America, he didn’t believe in giving “any undeserving stranger a free ride.” Nor did he believe in being generous with company profits. “We feel very strongly,” he wrote, “that Wal-Mart really is not, and should not be, in the charity business.” Money that Wal-Mart donated to charity, he reasoned, would only come out of the pockets of “either our shareholders or our customers.” (He didn’t mention workers, perhaps a tacit acknowledgment that picking their pockets was just business as usual.)

As for politics, Sam couldn’t stand the stuff. At a 1988 Mother’s Day “toast and roast” honoring Helen Walton, then-Senator Dale Bumpers of Arkansas quipped that waiting for big campaign contributions from the Waltons was like “leaving landing lights on for Amelia Earhart.”

All that has changed. Since Sam died in 1992, both the Bentonville, Arkansas-based company and the family have dramatically escalated their charitable giving, becoming far more influential in the worlds of philanthropy and politics. It is hardly a coincidence that this transformation occurred after Wal-Mart became the nation’s largest private employer and a flytrap for much-deserved criticism. The company is battling numerous employee rights lawsuits in court, the biggest of these being Betty Dukes v. Wal-Mart Stores, a sex-discrimination class action representing 1.6 million women. Communities around the nation, charging that the company is a stingy low-wage employer with an arrogant disregard for local and national laws, are battling to keep Wal-Mart from opening or expanding stores. Several labor unions have made fighting Wal-Mart a top priority. This year two major national organizations, Wal-Mart Watch and Wake Up Wal-Mart, formed to lead a citizens’ movement to pressure the company to change its ways.

The National Committee for Responsive Philanthropy (NCRP), a watchdog group, released a report in September, The Waltons and Wal-Mart: Self-Interested Philanthropy, detailing the recent increase in Wal-Mart and Walton philanthropy and noting its likely relationship to the company’s image problems. Indeed, the increase has been staggering. The Walton Family Foundation (WFF) gave away $106.9 million in 2003–the most recent year for which data are available–twice as much as in 2000. Wal-Mart’s company PAC, now the third-largest corporate PAC and the second-largest corporate donor to the GOP, gave away $2.1 million in 2004, compared with just $100,000 in 1994. The Walton family, too, has greatly increased its political giving; in 2004, for example, Alice donated $2.6 million to the influential Republican PAC Progress for America, which supported the sleazy Swift Boat Veterans for Truth and gave Bush a critical push in the election’s final months. Since 1999 the Wal-Mart Foundation (WMF)–a company-controlled entity with no direct connection to the WFF–has tripled its giving and by the end of this year will have doled out more than $200 million in cash and merchandise, according to spokeswoman Melissa O’Brien.

The company also donated $20 million in cash and merchandise to the Hurricane Katrina relief effort, garnering extensive–and partially justified–praise. To antigovernment zealots like New York Times columnist John Tierney and the wing nuts running the Wall Street Journal editorial page, Wal-Mart’s impressive response to the hurricane showed that the private sector is simply more effective than the government. It is true that when you starve government by draining its resources and electing officials who don’t believe in it, nothing seems to work. But Wal-Mart played a major role in that eviscerating process. Much of Wal-Mart’s philanthropy (as well as that of the Walton family) has been directed toward promoting anti-government politics, whether by lobbying against high taxes for the rich or contributing to Republican candidates, conservative think tanks and efforts to privatize education.

Jeff Krehely, who co-wrote the NCRP report, says that for his organization, such a sharp increase in giving, coupled with the company’s obvious desire to spin itself as a better corporate citizen, “raises red flags. We wonder, What’s the agenda here? What’s happening?” The WMF’s Melissa O’Brien told The Nation that criticisms of the company come from “special-interest groups” and do not influence its giving. She also told the New York Sun that the NCRP report was funded by Target, a charge Krehely calls “ludicrous.” (Dayton Hudson, Target’s former parent company, contributed to the NCRP in the 1990s. In 2000 the company reorganized as the Target Corporation and hasn’t contributed to the watchdog group since.)

Each Walton heir has philanthropic projects of his or her own–Alice, for example, is building a world-class art museum in northwest Arkansas–but the family fortune should be considered as one because most of the money is managed together. The giving is also largely administered together, through the Walton Family Foundation, as well as through close communication among its family members. (At least twice a year, the family meets to talk about how to spend its money.) The Waltons own about 40 percent of Wal-Mart’s stock, making Wal-Mart essentially a family business–highly unusual for a large multinational company. (Both the Wal-Mart Family Foundation and Walton Enterprises–the company that represents the Walton family’s interests–declined to cooperate with this article, or to make any of the notoriously press-shy Waltons available for interviews.)

Philanthropy obscures the often unseemly process by which the money was made–and for Wal-Mart that’s at least part of the point. Stephen Copley, a United Methodist Church pastor who serves on the board of the Arkansas Single Parents Scholarship Fund, a Springdale, Arkansas, charity that has benefited from Walton dollars, says that the program has “an incredible success rate. One lady even got a PhD. [The Walton money] does a tremendous amount of good.” However, he adds, “it’s great to help single parents go to school, but those same single parents might be working for Wal-Mart, and they can’t afford health insurance.” Copley, also head of the Arkansas Interfaith Committee for Worker Justice, is troubled that in his home state, Walton and Wal-Mart generosity “gets great media…they look so good even though in reality their business practices are very bad.”

The Wal-Mart Foundation gives a staggering number of gifts, apparently in order to buy goodwill in as many communities as possible, rather than, as Krehely points out, “giving to sustain organizations.” The WMF’s 2003 IRS 990 form is 2,239 pages long, far longer than that of the Ford Foundation, which has billions more in assets. That’s because most WMF gifts are tiny: thousands or even hundreds of dollars to churches and Lions clubs and Boys and Girls clubs, $500 to the YMCA of Nashville and Middle Tennessee and to the Tulip Trace (Indiana) Girl Scouts Council and so on. Communities where Wal-Mart faced a particular battle over opening a new store–Inglewood, California, or New York City–enjoyed especially generous largesse. Like the flowers and other tokens of courtship from a suitor who later becomes a wife-beater, such gifts are often followed by demands for public subsidies and tax breaks. In this way Wal-Mart is repeating the strategy that has served it so well in Arkansas, where Wal-Mart and the Waltons’ charitable gifts are many and company critics are relatively few. Says Lindsay Brown, president of the Central Arkansas Labor Council, “It’s a hell of a plan, and it works.”

We are supposed to applaud philanthropy–the very word connotes altruism and “giving back”–but Walton and Wal-Mart giving serves as a reminder that philanthropy provides an alternative to taxation, a way for rich people and corporations to decide what to do with their extra money, as opposed to letting the rest of us decide through our elected governments. Since charitable donations are a tax write-off, as Krehely points out, “they are supposed to benefit the public good.” He thinks it is reasonable to ask whether a family’s–or a company’s–philanthropy serves the common good, or at least enough good “to make up for the public revenue that we’re losing.”

Funny he should mention taxes: Wal-Mart and the Waltons have, after all, been notably reluctant to pay them. Not only has the company lobbied for tax breaks in communities all over the nation, the Waltons–the family that former Wal-Mart board member Hillary Clinton has called “the best America has to offer”–have campaigned vigorously against the estate tax. They have donated money to its opponents, Republicans like John Thune of South Dakota and David Vitter of Louisiana, and enlisted one of Washington’s top lobbying firms, Patton Boggs–a leading anti-estate tax lobbyist–to represent their interests.

Chuck Collins of Responsible Wealth, a group of well-off people who strongly favor the estate tax, observes that the Waltons sometimes say the estate tax is not a priority for the family. “That may be true from their perspective,” he says, “but it’s a bit like an elephant saying it’s really not interested in stepping on anthills. When you’re America’s wealthiest family, you are a philanthropic and lobbying heavyweight even on your minor interests.” For instance, Senator Blanche Lincoln of Arkansas, one of a handful of Democrats who draw checks from the Waltons, supports estate-tax repeal (or crippling “reform”). “Senator Lincoln will wax eloquent about the small farmers of Arkansas,” Collins says, “but what’s really on her mind is Walton.”

In addition to campaigning specifically against the estate tax, the Waltons also give money to groups that generally favor tax giveaways to the rich, like Americans for Tax Reform. And the Waltons have already reaped the benefits of tax policies enacted by the conservatives they helped put in office: This year Bush’s dividend tax cut will save the family $51 million, according to Lee Farris, an estate-tax expert with the Boston-based United for a Fair Economy.

The Waltons’ philanthropy–and their hostility to paying their fair share of taxes–also needs to be viewed in the context of tax subsidies Wal-Mart has received for building new stores, which Good Jobs First places at more than $1 billion, an estimate that does not include the many other ways taxpayers subsidize Wal-Mart stores, for instance, through numerous forms of public assistance–Medicaid, Food Stamps, public housing–that often allow workers to subsist on Wal-Mart’s low wages. A report by the House Education and Workforce Committee conservatively places the latter at $420,750 per store; the Wal-Mart Foundation’s per-store charitable giving is just 11 percent of that amount ($47,222).

In addition to spending on Republican candidates, the Waltons have lavished funds on right-wing ideological institutions–organizations that serve the interest of wealthy individuals and lawless antiunion companies like Wal-Mart. From 1998 through 2003 the WFF contributed $25,000 to the Heritage Foundation, $15,000 to the Cato Institute, $125,000 to the Hudson Institute, $155,000 to the Goldwater Institute, $70,000 to the National Right to Work Legal Defense Foundation, $300,000 to the Mackinac Center for Public Policy, $185,000 to the Pacific Research Institute for Public Policy and $350,000 to the Evergreen Freedom Foundation.

Both the family and the company have made education a major funding priority. Many of the WFF’s education gifts have a distinct ideological tilt, emphasizing a “free market” approach to education reform, a vision the late John Walton embraced with particular enthusiasm. The WFF funds advocacy groups promoting conservative school “reform”–otherwise known as privatization–like the Center for Education Reform and the Black Alliance for Educational Options, as well as the actual programs these groups champion: charter schools and voucher programs. (The BAEO did not return calls for this article.)

Among such projects, the Waltons tend to fund the most mind-numbing and cultish, giving in 2003 alone nearly $3 million to Knowledge Is Power (KIPP) schools and millions more to other schools using the KIPP curriculum, which emphasizes regimented recitation rather than critical or creative thinking. Particularly widespread in low-income neighborhoods, such schools seem bent on disciplining and exhorting the poor rather than developing human potential (much like Wal-Mart as a workplace, with its relentless company cheers and dead-end jobs). Several years ago the principal of New York City’s John A. Reisenbach Charter School, which uses the KIPP curriculum and received $118,000 from the Waltons in 2003, told me proudly, as we watched fidgety second graders chant meaningless slogans, “We are getting them ready for business.”

The WFF has become the single largest source of funding for the voucher and charter school movement. Walton funding allows some charter schools to spend more per pupil than “competing” public schools. The ironic result is that while these projects are supposed to demonstrate to the public the wonders of a marketized approach to education, the WFF’s money gives its grantees an advantage over other schools, allowing them to perform better than they would otherwise. “[The Waltons] claim to support competition and the free market,” says Paul Dunphy, a policy analyst for Citizens for Public Schools, a Boston-based coalition, “but actually they are manipulating the market, conferring advantage on their pet projects.”

It’s a fitting paradox, since the Wal-Mart economic model, like almost anything held up as an example of the beauty of the free market, contains so many contradictions (yes, it’s extremely profitable, but look at all those tax subsidies). Because so much Walton and Wal-Mart philanthropy is crudely self-interested, it’s tempting to find an equally crude motive for the Walton family’s interest in education; many Wal-Mart critics have assumed that the Waltons must be planning to reap several more fortunes through for-profit education companies. That’s not completely baseless: John Walton was briefly involved in such a venture. However, he backed out, realizing such profiteering was hurting the credibility of his education reform efforts. And so far, for-profit education is still not a very profitable industry–especially when compared with retail.

The Waltons’ motives for supporting the privatization of education seem–at this writing, anyway–to be ideological, even idealistic, rather than an elaborate backdrop to a new money-making scheme. Like many rich Americans who have helped to finance the far right’s rise to power, they have embraced a worldview in which what’s good for the wealthy is good for everyone else. And greater cultural acceptance of the unfettered market–through an increasing tolerance for privatization of all kinds–will certainly make the world safer for a family business that thrives on weak government and lack of regulation. But it’s also likely that the Waltons, like most right-wingers, sincerely believe that their ideas have the potential to improve people’s lives. Why wouldn’t the Waltons genuinely believe in the free market? Look how well it has served them.

Helen Walton, now 85 and in poor health, is expected to donate almost all of her personal fortune–worth $18 billion–to the WFF upon her death, which, as the NCRP points out, will make that entity the richest foundation in the world. This should disturb progressives, since so much Walton money goes to support conservative causes. Yet although the current direction and political leanings of Walton “philanthropy” are clear, the future is a mystery. As Krehely observes, nothing is known about the politics or interests of Sam Walton’s grandchildren. This matters in a family foundation; this fall the Olin Foundation closed its doors, having spent down its endowment because the older generation did not trust the younger Olins to carry on the family’s right-wing traditions. Since the Waltons don’t say much about their future plans, or about their internal family politics, it’s unclear what lies in store for this–currently–right-wing fortune.

“The Waltons could be an enormous force for good,” says Responsible Wealth’s Chuck Collins. “As the company’s biggest shareholders, they could decide that Wal-Mart could pay a living wage. They could use their charitable dollars not to undermine public education but to boost educational opportunity. They could become major contributors to social good. But they’re not.”

One item in the Walton Family Foundation’s most recent IRS filing shows how uninterested this family is in true social responsibility: a measly $6,000 to something called the Wal-Mart Associates in Need Fund. Contrast that with the millions the family spends promoting right-wing causes, and it becomes painfully clear that the Waltons value conservative ideology far more than they value the human beings who have made them the richest family on earth. Told about these figures, Kathleen MacDonald, a Wal-Mart candy department clerk in Aiken, South Carolina, responded bluntly, “All I have to say about that is, it doesn’t surprise me. Like Bush, they don’t have a clue what working families go through.” MacDonald would like to see The Simple Life do a show about working at Wal-Mart. “I could see Paris Hilton on a register at Christmastime, or stocking shelves,” she says. Or perhaps Alice Walton as a greeter, on her feet all day, thanking us for shopping at Wal-Mart.

© 2005 The Nation

Research support for this article was provided by the Investigative Fund of The Nation Institute. Thanks to Laura Starecheski, who contributed reporting, and to Meleiza Figueroa, a researcher on Robert Greenwald’s film, Wal-Mart: The High Cost of Low Price, who, with the generous consent of her employers, shared her findings.

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Filed Under: Walmart

Transnational Corporations Dodging Taxes Through “Transfer Pricing”

November 20, 2006 by staff

Some fleece taxpayers to the tune of billions annually

By Dr. Peter Rost – Published November 20, 2006

Drug companies and other multinational companies based in the U.S. systematically avoid paying tax in the U.S. on their profits. The companies elect to realize profits in low-tax countries and because of this the rest of us have to pay billions of unnecessary taxes to make up for the shortfall.

The biggest tax scam on earth has a very innocent sounding name. It is called “transfer prices.” That almost sounds boring. It is, however, anything but boring. Abuse of transfer prices is a key tool multinational corporations use to fool the U.S. and other jurisdictions to think that they have virtually no profit; hence, they shouldn’t pay any taxes.

Corporations involved in this scam are “model corporate citizens,” or so they would like us to believe. The truth is that they rob us all blind. The money we lose can be estimated in the tens of billions, or possibly hundreds of billions of dollars every year. We all end up paying higher taxes because rich corporations make sure they don’t.

But don’t take my word for this.

A few weeks ago U.K.-based GlaxoSmithKline (GSK), one of the largest pharmaceutical companies in the world, together with the Internal Revenue Service (IRS) announced that GSK will pay $3.4 billion to the IRS to settle a transfer pricing dispute dating back 17 years. The IRS alleges that GSK improperly shifted profits from their U.S. to the U.K. entity.

And U.K. pharmaceutical companies are not alone with these kinds of problems. Merck, one of the largest U.S. drug companies, also this month disclosed that they face four separate tax disputes in the U.S. and Canada with potential liabilities of $5.6 billion. Out of that amount, Merck disclosed that the Canada Revenue Agency issued the company a notice for $1.8 billion in back taxes and interest “related to certain inter-company pricing matters.” And according to the IRS, one of the schemes Merck used to cheat American tax payers was by setting up a subsidiary in tax-friendly Bermuda. Merck then quietly transferred patents for several blockbuster drugs to the new subsidiary and then paid the subsidiary for use of the patents. The arrangement in effect allowed some of the profits to disappear into Merck’s own “Bermuda triangle.”

So what’s going on here, how have multinational drug companies been able to gouge us for years selling expensive drugs and then avoid paying tax on their astronomical profits?

The answer is simple. For companies in certain businesses, such as pharmaceuticals, it is very easy to simply “invent” the price a company charges their U.S. business for buying the company’s product which they manufacture in another country. And if they charge enough, poof; all the profit vanishes from the US, or Canada, or any other regular jurisdiction and end up in a corporate tax-haven. And that means American and Canadian tax payers don’t get their fair share.

Many multinational corporations essentially have two sets of bookkeeping. One set, with artificially inflated transfer prices is what they use to prepare local tax returns, and show auditors in high-tax jurisdictions, and another set of books, in which management can see the true profit and lost statement, based on real cost of goods, are used for the executives to determine the actual performance of their various operations.

Of course, not every multinational industry can do this as easily as the drug industry. It would be difficult to motivate $6,000 toilet seats. But the drug industry, where real cost of goods to manufacture drugs is usually around 5% of selling price, has a lot of room to artificially increase that cost of goods to 50% or 75% of selling price. This money is then accumulated in corporate tax-havens where the drugs are manufactured, such as Puerto Rico and Ireland. Puerto Rico has for many years attracted lots of pharmaceutical plants and Ireland is the new destination for such facilities, not because of the skilled labor or the beautiful scenery or the great beer—but because of the low taxes. Ireland has, in fact, one of the world’s lowest corporate tax rates with a maximum rate of 12.5 percent.

In Puerto Rico, over a quarter of the country’s gross domestic product already comes from pharmaceutical manufacturing. That shouldn’t be surprising. According to the U.S. Federal Tax Reform Act of 1976, manufacturers are permitted to repatriate profits from Puerto Rico to the U.S. free of U.S. federal taxes. And by the way, the Puerto Rico withholding tax is only 10%.

Of course, no company should have to pay more tax than they are legally obligated to, and they are entitled to locate to any low-tax jurisdiction. The problem starts when they use fraudulent transfer pricing and other tricks to artificially shift their income from the U.S. to a tax-haven. According to current OECD guidelines transfer prices should be based upon the arm’s length principle – that means the transfer price should be the same as if the two companies involved were indeed two independents, not part of the same corporate structure. Reality is that standard operating procedure for multinationals is to consistently violate this rule. And why shouldn’t they? After all, it takes 17 years for them to pay up, per the GSK example above, even when they get caught.

Another industry which successfully exploits overseas tax strategies to cheat us all is the hi-tech industry. In fact, Microsoft Corp. recently shaved at least $500 million from its annual tax bill using a similar strategy to the one the drug industry has used for so many years. Microsoft has set up a subsidiary in Ireland, called Round Island One Ltd. This company pays more than $300 million in taxes to this small island country with only 4 million inhabitants, and most of this comes from licensing fees for copyrighted software, originally developed in the U.S. Interesting thing is, at the same time, Round Island paid a total of just under $17 million in taxes to about 20 other countries, with more than 300 million people. The result of this was that Microsoft’s world-wide tax rate plunged to 26 percent in 2004, from 33 percent the year before. Almost half of the drop was due to “foreign earnings taxed at lower rates,” according to a Microsoft financial filing. And this is how Microsoft has radically reduced its corporate taxes in much of Europe and been able to shield billions of dollars from U.S. taxation.

But remember, this is only one example. Most of the other tech companies are doing the same thing. Google recently also set up an Irish operation that the firm credited in a SEC filing with reducing its tax rate.

Here’s how this is done in the software industry and any other industry with valuable intellectual property. A company takes a great, patented, American product and then develops a new generation. Then, of course, the old product disappears. Some, or all, of the cost and development work for the new product takes place in Ireland, or at least, so the company claims. The ownership of the new generation product and all income from licensing can then legally be shared between the U.S. parent company and the offshore corporation or transferred outright to the tax-haven. The deal, to pass IRS scrutiny, has to be made using the “arms-length principle.” Reality is that the IRS has no way of controlling all these transactions.

Unfortunately those of us working and paying tax in the U.S. can’t relocate our jobs and our income to Ireland or another tax haven. So we have to make up the income shortfall. In the U.S. we have a highly educated society with a very qualified workforce, partly supported by our tax payers. This helps us generate breakthrough products. But once a company has a successful product, they have every incentive to move the second generation of a successful product overseas, to Ireland and a few other corporate tax havens.

There is only one problem for U.S. companies with this strategy, and that is that if they repatriate this money to the U.S. they have to pay full corporate taxes. In fact, according to BusinessWeek, U.S. multinational corporations have built up profits of as much as $750 billion overseas, much of it in tax havens such as the Ireland, Bahamas, and Singapore to avoid the stiff 35% levy they’d face if they repatriated the funds back into the U.S.

But of course, Congress, which is basically paid for by our multinational corporations, generously provided for a one-time provision in the corporate tax code, so that they could repatriate profits earned before 2003, and held in foreign subsidiaries, at an effective 5.25% tax rate.

And so the game goes on.

In the end, multinational corporations live in a global world which allows them to pretty much send their money to corporate tax havens at will, and then repatriate this money almost tax free, with the help of the U.S. Congress.

The people left holding the bag are you and me.

Peter Rost, M.D., is a former VP of Pfizer. He became well known in 2004 when he emerged as the first drug company executive to speak out in favor of reimportation of drugs. He is the author of “The Whistleblower, Confessions of a Healthcare Hitman.”

© 2006 Peter Rost

Related features:

  • Corporate Tax Evasion via Offshore Subsidiaries: A Primer
  • Corporate Taxes Continue to Plummet
  • The Gap Between Statutory and Real Corporate Tax Rates
  • Corporate Tax Evasion in Montana

Filed Under: Corporate Accountability, Corporate Welfare / Corporate Tax Issues, Globalization

Don’t Believe the Hype

October 18, 2006 by staff

Media Promotes Prescription Drug Pricing Stunts at Wal-Mart and Other Mass Merchants While Ignoring Hidden Costs

By Jeff Milchen and Stacy Mitchell
October, 2006. First published in the Providence Journal

When Wal-Mart issued a press release announcing some generic drugs would be sold for $4 at Tampa area stores, its executives undoubtedly hoped for some favorable publicity in Florida media. Instead, they received sweeping headlines across many states like “Wal-Mart to sell generic drugs for $4 a month”— often on page one of major newspapers.

After getting better advertising than even a multi-billion dollar corporation can buy, Wal-Mart naturally decided to milk the publicity by announcing drug discounts in most other states a few at a time. Sure enough, Wal-Mart enjoyed wave after wave of free publicity.

But was Wal-Mart’s promotion really headline news?

First, Wal-Mart is not offering the deal on most generic drugs. Though the corporation issued a 300+ item list of $4 drugs, most items were different dosages and configurations (pills and capsules listed separately), not unique medications. Twelve different variations of the common antibiotic amoxicillin are listed, along with multiple dosages of ibuprofen — already widely available for less than $4.

Unique medications totaled 124 among a few thousand commonly available prescription drugs and those discounted drugs make up less than one-quarter of prescriptions Wal-Mart dispenses and only one of the ten most common generic medications is included in its $4 promotion. But Wal-Mart’s decision to discount a small portion of one product line generated priceless publicity for the corporation’s “low price” image.

The impact was huge and immediate. A poll by the Wall Street Journal found just 13 percent of respondents indicated Wal-Mart or other mass merchants were their usual destination for filling drug prescriptions. After the barrage of media coverage for Wal-Mart’s PR stunt and matching offers by other mass merchants, a stunning 50 percent of those respondents said they would be likely, very likely or “absolutely certain” to fill prescriptions at these stores.

They should think twice.

True, some people who need one of the chosen drugs will save money. But unless shoppers check Wal-Mart’s list in advance, they’re likely to become victims of a bait-and-switch. Consumer Reports magazine repeatedly has found independent pharmacies beating Wal-Mart and every chain drugstore on price in their periodic investigations (see a summary of their 2018 survey).

Contrary to common perception, the evidence overwhelmingly indicates independent pharmacies, not Wal-Mart or other chains, offer the best value.

In 2003, the state of Maine researched prices of 15 common prescription drugs at independent and chain pharmacies of all kinds statewide. The 10 lowest-priced pharmacies all were independents, beating all five Wal-Marts in the study. Studies by New York City and the Senior Action Council in New York also showed lower drug pricing at independents than chains.

So don’t assume the buying power of chains translates into lower price. Through group purchasing efforts, independent pharmacies compete vigorously on price and do it while offering more than just pills. In 2003, the venerable Consumer Reports magazine surveyed 32,000 readers about their experiences at thousands of pharmacies, including independents, chains and those within supermarkets and mass merchants.

Though mass merchants had an edge on price alone, independents trounced the big boxes (as well as supermarket and drug chains) in overall value by “an eye-popping margin.”

The survey found independents were more likely than all chain stores to have a needed medication, got out-of-stock drugs faster, and provided more personal attention.

And personal service from your neighborhood drugstore means more than asking “how’s the family?” For anyone taking multiple medications, their pharmacist’s attention can be crucial to avoiding dangerous drug combinations that kill thousands of Americans annually.

Unfortunately, the credulous coverage of Wal-Mart’s drug promotion is typical, not exceptional.

Last November, the company touted a self-commissioned study asserting that Wal-Mart saved $2,329 annually for an “average” household — a  remarkable claim that proved grossly inflated due to serious flaws in methodology. Yet national media outlets promptly trumpeted the results (some still cite the study) without offering any independent analysis.

Wal-Mart’s act had one positive impact—increasing awareness and price competition on generic drugs. But the massive promotion budgets of national chains can lead even critical thinkers to perceive, often wrongly, that chains provide greater value than our neighborhood businesses.

Reporters and editors should help their readers make fully-informed choices by providing independent analysis, not just a pro forma quote from a critic, when Wal-Mart issues its next press release.

Americans should know they don’t have to choose between competitive prices and quality service—they likely can receive both at local businesses that invest more in their products and services than for public relations campaigns.

Stacy Mitchell is a senior researcher with the Institute for Local Self-Reliance and is the author of Big-Box Swindle. Jeff Milchen co-directs American Independent Business Alliance.

© 2006 Jeff Milchen and Stacy Mitchell

Filed Under: Independent Business

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