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Steven Strauss

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Actually, Corporations That Lobby and Make Campaign Contributions Get Special Benefits

Posted: 12/12/11 09:37 PM ET

Recent reports reveal that: GOP Presidential candidate Newt Gingrich received nearly $2 million for activities (not technically within the definition for lobbying) resembling lobbying, and former GOP Congressman Tauzin -- the country's highest paid lobbyist -- received $11.6 million.

With rare bi-partisan consensus, all members of Congress assure their constituents that money spent lobbying them and campaign contributions to their campaigns does not influence their judgment. Yet, despite these assurances, 75% of all Americans believe money influences Congress.

Several recent academic studies support the public's concern:

• Tax Benefits: Recent research shows that, in expectation for every $1 a firm spends to lobby for targeted tax benefits, the benefit is between 6x and 21x. (See 1;2 below.)

• Improved Cash Flows: On average, and controlling for other factors, firms that engaged in lobbying received more generous depreciation treatment. (2)

• Increased Market Value: Another study demonstrates that firms which lobby 'significantly outperform non-lobbying firms with respect to increased market value of equity'. This can be as high as adding another 2% per year to returns. (3)

• Protection: A separate analysis found that "compared to non-lobbying firms, firms that lobby, on average, have a significantly lower hazard rate of being detected for fraud, evade fraud detection 117 days longer, and are 38% less likely to be detected by regulators." (4)

These results are from research done by non-partisan academics -- using rigorous statistical techniques -- and are not anecdotes or rumors. Correlation is not causality, but basically it appears that lobbying and campaign contributions can confer special benefits to corporations, while corporations breaking the law can reduce the probability of getting caught.

If you doubt the value of lobbying or campaign contributions, consider that American corporations now spend about $3.5 billion/year on lobbying alone. The Cato Institute estimates the value of the resulting corporate welfare at about $90 billion/year.

The recent Supreme Court decision (Citizens United) held that corporations are people for First Amendment purposes (and thus entitled to make unlimited investments supporting or opposing candidates). To our nation's detriment, large corporations may consequently decide that investments in lobbying and campaign contributions (i.e., investments for preferential treatment at the expense of the rest of society) -- are safer and more lucrative than producing innovative goods and services.

If a firm decides not to participate in the lobbying game (or doesn't have the money 'to pay to play') -- when its competitors do -- the non-lobbying firm will likely be strategically disadvantaged (e.g., pay higher taxes, receive unfavorable depreciation treatment, inappropriate treatment of intellectual property, etc.) compared to its competitors. One might ask (in this context) what the difference is between paying for lobbying and paying protection money. Good question!

While all the GOP presidential candidates have spoken eloquently about small businesses, entrepreneurs, and start-ups -- these are exactly the persons/entities least likely to be able to afford access to Gingrich et al.

The Securities Industry and Financial Markets Association (SIFMA) reported that its member firms collectively lost pre-tax $34 billion in 2008 (an amount equal to the prior 2 years' profits). Despite massive and unprecedented losses, the financial industry did not reduce its expenditures on lobbying and campaign contributions. Instead, it increased lobbying and campaign spending by about 40% over the prior presidential cycle -- from $690 million in 2004, to $956 million in 2008.

This investment in political advocacy appears to have paid off handsomely! In 2008-2009, the Federal government made up to $7 trillion available to support America's banks -- and on such generous terms -- that the banking industry's 2009 recorded profits were double those of its best prior year. All while many American small businesses (unable to afford such generous campaign contributions to their elected officials) suffered record losses/layoffs.

If (like me) you are appalled, consider reading Lawrence Lessig's Republic, Lost: How Money Corrupts Congress--and a Plan to Stop, and join the fight.

I welcome your thoughts and comments.

Much of the above analysis is derived from the Lessig book, but I am solely responsible for any errors and opinions in this essay.

Steven Strauss was founding Managing Director of the Center for Economic Transformation at the New York City Economic Development Corporation. He is an Advanced Leadership Fellow at Harvard University for 2011-2012. He has a Ph.D. in Management from Yale University. Follow him on Twitter @steven_strauss.

Sources: All campaign and lobbying data is from www.opensecrets.org, unless otherwise noted.

(1) Raquel M. Alexander, Stephen W. Mazza, and Susan Scholz, "Measuring Rates of Return on Lobbying Expenditures: An Empirical Case Study of Tax Breaks for Multinational Corporations," Journal of Law and Policy (2009).

(2) Brian Kelleher Richter, Krislert Samphantharak, and Jeffrey F. Timmons, "Lobbying and Taxes," American Journal of Political Science (2009).

(3) Matthew D. Hill, G. W. Kelly, G. Brandon Lockhart, and Robert A. Van Ness, "Determinants and Effects of Corporate Lobbying," [Unpublished working paper] (2011).

(4) Frank Yu and Xiaoyun Yu, "Corporate Lobbying and Fraud Detection," Journal of Finance and Quantitative Analysis (2011).

 

Follow Steven Strauss on Twitter: www.twitter.com/steven_strauss

Recent reports reveal that: GOP Presidential candidate Newt Gingrich received nearly $2 million for activities (not technically within the definition for lobbying) resembling lobbying, and former GOP ...
Recent reports reveal that: GOP Presidential candidate Newt Gingrich received nearly $2 million for activities (not technically within the definition for lobbying) resembling lobbying, and former GOP ...
 
 
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HUFFPOST SUPER USER
olerealist
retired trial attorney; former member of VA abd Wa
11:45 AM on 12/14/2011
U.S. CONGRESS FOR SALE ?? (to the highest bidders)

Dec. 14, 2011 W. Post by Dana Milbank in W. Post:

“And could the billions --now regularly generated in campaign contributions nearly $4 billion in the 2010 elections alone- have something to do with the goodies for pet corporations” Based on the historic expansion of contribution and further stimulated by “Citizens United” would these not likely reach $6 billion in the forthcoming elections?

I had commented on the recent televised interview with Jack Abramson in which he admitted “probably having as many as 100 US congress members and their staffs in his pocket. Now his book being currently published adds gory detail as to how he operated so effectively, sometimes with the assistance of Tom the “hammer” DeLay.

One US Congressman has come forth with a bill to produce a constitutional amendment which would reverse “Citizens United”. Better an amendment which would bar any and all contributions to federal election campaigns except as furnished by an authorized public agency. In addition a rule should be enacted to cut off all “franking” privileges of incumbent members during the 6 months preceding elections. I beieve the number was 78% as the percent of Americans who believe corporate contributions influence Congressional elections.
HUFFPOST SUPER USER
windwolf
12:11 AM on 12/14/2011
Corporate lobbyists even write the legislation for the politicians, that's how much influence they have over the political process. As former lobbyist, Jack Abrhamoff pontificated, "When you approach a (Washington) politician, make sure you have a bundle of cash in hand." Influence peddling and acquisition are perhaps among the major industries in Washington. To believe otherwise is equivalent to believing in the Tooth Fairy. That's why our political process works, because it certainly works for the 1%. certainly not for us 99%ers.
Genders
Love, Tolerance, Enlightenment
10:26 PM on 12/13/2011
Duh?

Outlaw all contribution as the bribery they are.

publicly finance elections with free equal prime time for all the candidates on the ballot.

Duh.
chux3863
There's no next time.It's now or never
09:22 PM on 12/13/2011
It is legalized bribery and the main reason we need publicly funded elections !
09:06 PM on 12/13/2011
I hate to be the one to point out the obvious, but this state of affairs will continue so long as Congress has power over the tax code, The Fed has power over the cost of borrowing (which is equal to power over all capital, currency and production materials), and the few in govt. get to decide how taxes are spent. So long as politicians attempt to exercise arbitrary power over large sums of money and over how all businesses, large and small, get to spend their money, any business would be crazy not to lobby. If govt. had less power over money, lobbying would disappear. There'd be no reason to pay anyone off because no politician would have the power to give kickbacks of any kind.
-Chris Henderson
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HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
08:36 PM on 12/13/2011
I fear the only way to fix this is to break it. maybe we all should refuse to pay our bills for a couple of weeks. It will totally destroy the country but when we rebuild we will make sure certain things are not allowed to happen again. The finance industry is not going to police itself. We, the people, have to come up with solutions. Our solutions cannot follow the current laws and practices for a little detective work will prove the laws are written to allow exactly what is wrong with our system. We, the people, may have to forcefully make the changes we feel are necessary for our politicians are impotent when it comes to turning down a bribe.
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HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
08:30 PM on 12/13/2011
Good article Steven. The greed in politics must be ameliorated. To openly buy a politician is the order of the day. For the American citizens to continue to pretend we are not witnessing bribes is tantamount to insanity. Wake up people. Big money is running and ruining our lives by bribing our politicians to do things that will wreck the country. The reason our politicians are so treasonous is because they are promised enough money to last them a lifetime. What they don't realize is that the revolution will not be televised and no one is going to warn them when the populace comes for them. History says it will happen and soon.
05:28 PM on 12/13/2011
Please take a look at the presidential campaign of Buddy Roemer. Former congressman and Governor of Louisiana. He is screaming about the need for money out of politics and not only that, he is walking the walk by not accepting more than $100 from each individual. It is hurting him in terms of not being able to buy publicity, but it speaks volumes for the kind of guy he is. He's the man for us for President!! Let's stop the politics as usual; let's take America back!
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HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
08:31 PM on 12/13/2011
I have heard Buddy talk. He makes sense ans is 100% right about the money in politics.
09:48 PM on 12/13/2011
Yes! And look at the GOP TP "Best of the Best" Clown Crabs that are left;

Willard Mitt Romney vs Newton Gringrich.

'ol Buddy Romer is a "Too Honest" GOPer. Tragic isn't it?
04:12 PM on 12/13/2011
Soylendra? Duh?
HUFFPOST SUPER USER
tracerhaha1
Support our troops, bring them home!
06:09 PM on 12/13/2011
Enron, duh!
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smarti
some opinions need a breath mint... try a smarti!
03:44 PM on 12/13/2011
Good article and good point that corporate lobbying distorts the free market by creating unfair competitive advantage for corporations that can "pay to play" or that pay to set the rules in their favor. Libertarians and right wingers that support corporate lobbying and contributions should examine how that squares with their support for the free market.
ByAndForThePeople
and corporations aren't people!
03:26 PM on 12/13/2011
"...all members of Congress assure their constituents that money spent lobbying them and campaign contributions to their campaigns does not influence their judgment." Sure it doesn't. I'm certain that the companies paying $3.5 billion for lobbying do it out of sheer generosity to their fellow man. They only donate to politicians because they're so centrally located -- otherwise, I'm sure they'd be spreading the money to all of us. And no business would ever expect a return on an expenditure of a few million bucks, because that's how capitalism works. Right?
01:21 PM on 12/13/2011
What really make my skin crawl are the politicians who vote for a Bill in the Interests of Big Business, after recieiving a huge campeign donation and it's obviously anti-consumer, the politician says, "His vote had nothing to do with the donantion".. And A monkey at the Zoo could see it did and they expect us to beelive it
04:13 PM on 12/13/2011
The problem is to mane people believe their lies. If they did not there would be a better chance changing the person lieing to you
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HUFFPOST COMMUNITY MODERATOR
tacevad
American SS Card Carrying Socialist
11:50 AM on 12/13/2011
my opinion for a solution is that the Constitution guarantees the citizens right to lobby, it does not give anyone the right to be a PAID lobbiest. Make accepting any money to lobby for someone else illegal. Make accepting ANY money from a lobbiest illegal and then enforce both those rules with strict fines AND jail time.
HUFFPOST SUPER USER
tracerhaha1
Support our troops, bring them home!
06:12 PM on 12/13/2011
And the jail time can't be in one of cozy club-fed prisons, it has to be with the general population of a regular prison.
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HUFFPOST COMMUNITY MODERATOR
Dosadi
Political agnostic
08:32 PM on 12/13/2011
Hey, we have extra room in Gitmo don't we?
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HUFFPOST SUPER USER
redhead55
10:27 AM on 12/13/2011
The St. Louis Today editorial board on the GOP obstruction of Richard Cordray's nomination ---

"This is one of those confusing process votes that sometimes obscure what's really at stake. So let's keep it simple: The effect of this vote is a big win for a financial industry that is desperately trying to avoid being fully accountable to its customers.
It's a win for opaque language in credit agreements and mortgage documents. It's a win for jacking up credit rates or taking away your house. It'll make it easier for debt collectors to hound you. Private student loan lenders will continue to operate in the shadows.
The industry that did so much to bring on the Great Recession continues to fight every effort to rein in its excesses. In this, the industry has no greater ally than the Republican Party."
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HUFFPOST SUPER USER
TRex86
Enjoying life in West Ohio
10:17 AM on 12/13/2011
Nearly 20 years ago Phil Stern wrote "The Best Congress Money Can Buy." Those were the good old days. What de Toqueville could not anticipate at the start of the Industrial Age was the astonishingly corrupting effects of vast wealth. (He speculated that democracy fails when the government learns to bribe the citizens with their own money). I wish. K Street owns the political process, and matters will exponentially worsen post Citizens United. The cost of campaigning has created de facto legalized bribery. The Republicans are a wholly owned subsidiary of corporate America, which is renting the Democrats.

To elect Newt is merely the capstone in this transformation to kleptocracy. The government has learned how to divert the public's money to its political benefactors directly with contracts and indirectly with tax benefits. Ordinary citizens pay tax rates twice that of billionaires. Corporations receive huge tax refunds while they offshore jobs and profits. The ONLY solution is a Constitutional Amendment to take the money out of campaigning and repeal Citizens United. Give equal media access to all candidates, and make them spend tax dollars and sweat equity to get elected.
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HUFFPOST SUPER USER
lisalulu
I stand for Planned Parenthood.
04:18 PM on 12/13/2011
I miss the good old days.