Rich Costa Concordia Passengers Buy Their Way on to a Lifeboat. Was it a crime?
The Costa Concordia capsized and amid all the horror stories, this one takes the cake ("Rich tourists bribed way onto lifeboats"):
It was women and children last as greedy crew members on the Costa Concordia sold seats on lifeboats to filthy-rich Russians — ignoring other passengers, even injured ones, stranded on the tilting decks.
As the cruise ship sank and its captain entertained a beautiful woman on the bridge, well-heeled Russians from first class were handing out fistfuls of cash to save themselves, London’s Sun newspaper reported, quoting eyewitness testimony to prosecutors.
“The disabled were left to fend for themselves,” said one witness.
Franca Anichini, a resident of Giglio Island who went to the shore to assist survivors, told German media, “I went to the boats as I saw them coming in, expecting to see women, children and the injured.”
“All I saw were healthy men and elegant women in evening gowns who were speaking Russian.”
Despite the cheap anti-Russian sentiment, the story makes in an important point, a point I don't think the NY Post intended to make however: just how far should the free market extend? If its true, as many neoliberals claim, that the free market uses supply/demand/price to efficiently allocate scarce resources, and nothing is scarcer than lifeboat seats on a sinking ship, then why shouldn't those seats be for sale to the highest bidder?
If someone wealthy can by better health care than someone poor, why shouldn't he be able to buy a lifeboat seat? Why shouldn't he be able to buy a seat for his dog even if another person drowns as a result? Why shouldn't he be able to buy a place for his Rolex collection even if everyone else on the ship drowns so long as he can outbid all of them?
These questions are an example of what David Harvey calls the "commodification of everything". Capitalism is great at producing commodities. But like when the only tool you have is a hammer, every problem is a nail. And that is what can happen: everything- cars, laptops, personal services, health care, and even seats on a life boat- are a commodity and for sale at the highest price.
Assuming that we don't want lifeboat seats to be for sale to the highest bidder, what can we do about it? Is it now or should it be a crime? As you may imagine, in landlocked Arizona I have never seen a case in which something like this has happened. I just looked at the Arizona Revised Statutes and there does not seem to be a statute that would have outlawed bidding for lifeboat seats. Arguably, commercial bribery would apply if the act caused economic loss to the cruise ship line but that is unlikely the case.
13-2605. Commercial bribery; classification; exception
A. A person commits commercial bribery if:
1. Such person confers any benefit on an employee without the consent of such employee's employer, corruptly intending that such benefit will influence the conduct of the employee in relation to the employer's commercial affairs, and the conduct of the employee causes economic loss to the employer.
2. While an employee of an employer such employee accepts any benefit from another person, corruptly intending that such benefit will influence his conduct in relation to the employer's commercial affairs, and such conduct causes economic loss to the employer or principal.
B. Commercial bribery is a class 5 felony if the value of the benefit is more than one thousand dollars. Commercial bribery is a class 6 felony if the value of the benefit is not more than one thousand dollars but not less than one hundred dollars. Commercial bribery is a class 1 misdemeanor if the value of the benefit is less than one hundred dollars.
C. This section shall not be construed to prohibit a person from recruiting an employee of another employer unless, pursuant to an agreement between such person and the employee that such employee engage in conduct which will cause economic loss to his employer, such employee engages in conduct while an employee of his original employer and such conduct causes economic loss to the employer.




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