Tag Archives: corporate crime

Facebook, Twitter, Google Threaten to Quit Hong Kong Over Proposed Data Laws

HONG KONG—

Facebook Inc.,

FB 0.09%

Twitter Inc.

TWTR 1.60%

and

Alphabet Inc.’s

GOOG 1.86%

Google have privately warned the Hong Kong government that they could stop offering their services in the city if authorities proceed with planned changes to data-protection laws that could make them liable for the malicious sharing of individuals’ information online.

A letter sent by an industry group that includes the internet firms said companies are concerned that the planned rules to address doxing could put their staff at risk of criminal investigations or prosecutions related to what the firms’ users post online. Doxing refers to the practice of putting people’s personal information online so they can be harassed by others.

Hong Kong’s Constitutional and Mainland Affairs Bureau in May proposed amendments to the city’s data-protection laws that it said were needed to combat doxing, a practice that was prevalent during 2019 protests in the city. The proposals call for punishments of up to 1 million Hong Kong dollars, the equivalent of about $128,800, and up to five years’ imprisonment.

“The only way to avoid these sanctions for technology companies would be to refrain from investing and offering the services in Hong Kong,” said the previously unreported June 25 letter from the Singapore-based Asia Internet Coalition, which was reviewed by The Wall Street Journal.

Tensions have emerged between some of the U.S.’s most powerful firms and Hong Kong authorities as Beijing exerts increasing control over the city and clamps down on political dissent. The American firms and other tech companies last year said they were suspending the processing of requests from Hong Kong law-enforcement agencies following China’s imposition of a national security law on the city.

Jeff Paine, the Asia Internet Coalition’s managing director, in the letter to Hong Kong’s Privacy Commissioner for Personal Data, said that while his group and its members are opposed to doxing, the vague wording in the proposed amendments could mean the firms and their staff based locally could be subject to criminal investigations and prosecution for doxing offenses by their users.

That would represent a “completely disproportionate and unnecessary response,” the letter said. The letter also noted that the proposed amendments could curtail free expression and criminalize even “innocent acts of sharing information online.”

The Coalition suggested that a more clearly defined scope to violations be considered and requested a videoconference to discuss the situation.

A spokeswoman for the Privacy Commissioner for Personal Data acknowledged that the office had received the letter. She said new rules were needed to address doxing, which “has tested the limits of morality and the law.”

The government has handled thousands of doxing-related cases since 2019, and surveys of the public and organizations show strong support for added measures to curb the practice, she said. Police officers and opposition figures were doxed heavily during months of pro-democracy protests in 2019.

“The amendments will not have any bearing on free speech,” which is enshrined in law, and the scope of offenses will be clearly set out in the amendments, the spokeswoman said. The government “strongly rebuts any suggestion that the amendments may in any way affect foreign investment in Hong Kong,” she said.

Representatives for Facebook, Twitter and Google declined to comment on the letter beyond acknowledging that the Coalition had sent it. The companies don’t disclose the number of employees they have in Hong Kong, but they likely employ at least 100 staff combined, analysts estimate.

China’s crackdown on dissent since it imposed a national security law a year ago has driven many people in Hong Kong off social media or to self-censor their posts following a spate of arrests over online remarks.

While Hong Kong’s population of about 7.5 million means it isn’t a major market in terms of its user base, foreign firms often cite the free flow of information in Hong Kong as a key factor for being located in the financial hub.

The letter from the tech giants comes as global companies increasingly consider whether to leave the financial center for cities offering more hospitable business climates.

The anti-doxing amendments will be put before the city’s Legislative Council and a bill is expected to be approved by the end of this legislative year, said Paul Haswell, Hong Kong-based head of the technology, media, and telecom law practice at global law firm Pinsent Masons.

The tech firms’ concerns about the proposed rules are legitimate, Mr. Haswell said. Depending on the wording of the legislation, technology companies headquartered outside Hong Kong, but with operations in the city, could see their staff here held responsible for what people posted, he said.

A broad reading of the rules could suggest that even an unflattering photo of a person taken in public, or of a police officer’s face on the basis that this would constitute personal data, could run afoul of the proposed amendments if posted with malice or an intention to cause harm, he said.

“If not managed with common sense,” the new rules “could make it potentially a risk to post anything relating to another individual on the internet,” he said.

Corrections & Amplifications
Doxing was prevalent during protests in Hong Kong in 2019. An earlier version of this article incorrectly said the year was 2109. (Corrected on July 5)

Write to Newley Purnell at newley.purnell@wsj.com

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Robinhood Agrees to Pay $70 Million to Settle Regulatory Investigation

WASHINGTON—Robinhood Financial LLC has agreed to pay nearly $70 million to resolve sweeping regulatory allegations that the brokerage misled customers, approved ineligible traders for risky strategies and didn’t supervise technology that failed and locked millions out of trading.

The enforcement action is a blow to the fast-growing online brokerage, which was launched in 2014 and has won over users with commission-free trades and its sleek mobile app. The company took on millions of new customers and attracted more scrutiny this year as many investors accessed Robinhood to speculate on so-called meme stocks such as GameStop Corp. and AMC Entertainment Holdings Inc. Its forthcoming initial public offering is one of the most anticipated of the year.

Robinhood’s growth has continued, with its biggest source of revenue, stemming from customer trading, more than tripling in the first quarter, even as many customers complained about its technology snafus and limited customer service. It enraged clients earlier this year when it restricted trading in some popular stocks that had become so volatile that Robinhood’s clearinghouse told the brokerage to post billions of dollars in additional collateral.

The Financial Industry Regulatory Authority, the front-line inspector of broker-dealers, unveiled the settlement Wednesday. Robinhood neither admitted nor denied the claims.

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Trump Organization and CFO Allen Weisselberg Expected to Be Charged Thursday

The Manhattan district attorney’s office is expected to charge the Trump Organization and its chief financial officer with tax-related crimes on Thursday, people familiar with the matter said, which would mark the first criminal charges against the former president’s company since prosecutors began investigating it three years ago.

The charges against the Trump Organization and Allen Weisselberg, the company’s longtime chief financial officer, are a blow to former President Donald Trump, who has fended off multiple criminal and civil probes during and after his presidency. Mr. Trump himself isn’t expected to be charged, his lawyer said. Mr. Weisselberg has rejected prosecutors’ attempts at gaining his cooperation, according to people familiar with the matter.

The defendants are expected to appear in court on Thursday afternoon, the people said.

The Trump Organization and Mr. Weisselberg are expected to face charges related to allegedly evading taxes on fringe benefits, the people said. For months, the Manhattan district attorney’s office and New York state attorney general’s office have been investigating whether Mr. Weisselberg and other employees illegally avoided paying taxes on perks—such as cars, apartments and private-school tuition—that they received from the Trump Organization.

If prosecutors could show the Trump Organization and its executives systematically avoided paying taxes, they could file more serious charges alleging a scheme, lawyers said.

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Tencent Executive Held by China Over Links to Corruption Case

An executive at Tencent Holdings Ltd. , China’s most valuable publicly listed company, has been held by Chinese authorities, part of a probe into a high-profile corruption case involving one of the country’s former top law-enforcement officials, people familiar with the matter said.

Zhang Feng has been under investigation by China’s antigraft inspector since early last year for alleged unauthorized sharing of personal data collected by Tencent’s social-media app WeChat, the people said. They said Mr. Zhang was suspected of turning over WeChat data to former Vice Public Security Minister Sun Lijun, who is being investigated by Beijing for undisclosed violations of Communist Party rules.

Investigators are looking at what type of data Mr. Zhang allegedly might have shared with Mr. Sun and what Mr. Sun might have done with it, the people said.

Hong Kong-listed Tencent, which has a market capitalization of about $900 billion, confirmed Thursday that Mr. Zhang is under investigation. The case “relates to allegations of personal corruption and has no relation to WeChat or Weixin,” a spokesman said in a statement to The Wall Street Journal. Weixin is WeChat’s sister app for the Chinese market.

Mr. Zhang was referred to as a Tencent vice president in a statement released by the municipal government of Zhangjiakou, a city near Beijing, in which he was described as having met the city’s mayor in October 2018.

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McKinsey Agrees to $573 Million Settlement Over Opioid Advice

Consulting giant McKinsey & Co. has reached a $573 million settlement with states over its work advising OxyContin maker Purdue Pharma LP and other drug manufacturers to aggressively market opioid painkillers, according to people familiar with the matter.

The deal, reached with 47 states and the District of Columbia and expected to be publicly announced Thursday, would avert civil lawsuits that attorneys general could bring against McKinsey, the people said. The majority of the money will be paid upfront, with the rest dispensed in four yearly payments starting in 2022.

McKinsey said last week it is cooperating with government agencies on matters related to its past work with opioid manufacturers, as state and local governments sue companies up and down the opioid supply chain. At least 400,000 people have died in the U.S. from overdoses of legal and illegal opioids since 1999, according to federal data.

The consulting firm stopped doing opioid-related work in 2019 and said in December its work for Purdue was intended to support the legal use of opioids and help patients with legitimate medical needs.

While some companies have reached deals with individual states to avoid trials, the McKinsey settlement marks the first nationwide opioid pact to come from the flood of litigation that began in 2017. A much larger, $26 billion deal with three drug distributors and Johnson & Johnson has been in the works for more than a year but is still being negotiated.

The Wall Street Journal reported last week that McKinsey was close to a settlement with states and that a deal could be worth hundreds of millions of dollars. The negotiations occurred as hundreds of exhibits describing McKinsey’s work to boost OxyContin sales were made public in recent months during Purdue’s chapter 11 bankruptcy case in White Plains, N.Y.

Memos McKinsey sent Purdue executives in 2013 that have been made public in bankruptcy court filings included recommendations that the company’s sales team target health care providers it knew wrote the highest volumes of OxyContin prescriptions and shift away from lower-volume prescribers. McKinsey’s work became a Purdue initiative called “Evolve to Excellence,” which the U.S. Justice Department described in papers released last year in connection with a plea agreement with Purdue as an aggressive OxyContin marketing and sales campaign.

According to bankruptcy court records, McKinsey sent recommendations to Purdue in 2013 that consultants said would boost its annual sales by more than $100 million. McKinsey recommended ways Purdue could better target what it described as “higher value” prescribers and take other steps to “Turbocharge Purdue’s Sales Engine.”

Stamford, Conn.-based Purdue pleaded guilty in November to three felonies, including paying illegal kickbacks and deceiving drug-enforcement officials. The drugmaker filed for chapter 11 protection in 2019 to address thousands of opioid-related lawsuits brought against it. Purdue said in a lawsuit filed last week against its insurers that creditors have asserted hundreds of thousands of claims in the bankruptcy case and collectively seek trillions of dollars in damages.

McKinsey also advised other opioid makers on sales initiatives. The firm’s work for

Johnson & Johnson

came up in a 2019 trial in a case brought by Oklahoma against the drug company for contributing to the opioid crisis in the state through aggressive marketing of prescription painkillers. The trial ended with a $572 million verdict against Johnson & Johnson, which was later reduced to $465 million and is still on appeal.

The vast majority of the money McKinsey will pay in the settlement will be divided among the participating states, with $15 million going to the National Association of Attorneys General to reimburse it for costs incurred in the investigation, one of the people familiar with the deal said.

The settlement also includes some nonmonetary provisions, like requiring McKinsey to create a repository of documents related to its work for opioid makers, the person said.

The holdout states include Nevada, which said Wednesday night that its investigation into the consulting giant continues “and we are conversing with McKinsey about our concerns.”

Purdue has been negotiating with creditors, which include states, since filing for bankruptcy, but finalizing a deal has been slowed by demands from some states that the company’s owners, members of the Sackler family, contribute more than the $3 billion they have agreed to.

States have been keenly focused on ensuring any settlement money from the opioid litigation goes toward helping alleviate the impact of the crisis, including through beefing up treatment programs and helping overstretched law enforcement. The states are looking to avoid the outcome of the 1990s tobacco litigation, when a $206 billion settlement was often spent to fill state budget holes. The McKinsey settlement documents say the money is intended for abatement, the person familiar with the deal said, though state laws differ widely on how settlement funds can be earmarked.

Write to Sara Randazzo at sara.randazzo@wsj.com and Jonathan Randles at Jonathan.Randles@wsj.com

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Apollo CEO Leon Black to Step Down Following Review of Jeffrey Epstein Ties

Leon Black plans to step down as chief executive of Apollo Global Management Inc. after an independent review revealed larger-than-expected payments to disgraced financier Jeffrey Epstein that it nevertheless deemed justified.

The monthslong review by Dechert LLP found no evidence that Mr. Black was involved in the criminal activities of the late Epstein, who was indicted in 2019 on federal sex-trafficking charges involving underage girls, according to a copy of the law firm’s report that was viewed by The Wall Street Journal.

In its report, Dechert found the fees that the billionaire had paid Epstein were for legitimate advice on trust- and estate-tax planning that proved to be of significant value to Mr. Black and his family. Mr. Black paid Epstein a total of $148 million, plus a $10 million donation to his charity—far more than was previously known.

Mr. Black wrote in a letter to Apollo’s fund investors that he would cede the role of CEO to co-founder Marc Rowan on or before his 70th birthday on July 31 while retaining the role of chairman. In the letter, a copy of which was viewed by the Journal, Mr. Black detailed other governance changes he is recommending to the board, including the appointment of more independent directors and the elimination of Apollo’s dual-class share structure.

Mr. Black also pledged to donate $200 million of his family’s money to women’s initiatives.

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