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Comment by stefan_ | Hacker News Reader

There are people philosophically opposed to laws against facilitating fraud? In many cases, the fraudsters hired on with Walmart and the company profited from these transfers.

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I have a hard time believing that Walmart actually knew or intended for fraud to occur. I dont think they should be charged unless there is evidence they sought to facilitate fraud or violated some other law. These FTC regs are so vague they could charge any company for anything and I dont trust govt not to abuse that power

Only philosophical questions today! Who but the Walmart workers are Walmart? Of course the actions of their workers, in case they are fraudsters, are also the actions of Walmart, who graciously provided them it's infrastructure; it's complicity in the scam is what has to be established. In this case, the FTC found overt evidence that they were well aware of their complicity and chose to ignore it, across leadership. Hence this lawsuit.

This is an obvious and necessary outcome; otherwise you could very well excuse just about any failing as just the legal misdeed of an isolated employee.

I think the more useful standard here is "knew or should have known". They would have had to have been literal children to not ever hear that money transfer services could be useful to scammers. So assuming the executives were actual adults, they either knew or should have known that they were party to and profiting from large-scale fraud.

For what it's worth, the FTC did not "charge" them with anything. Walmart is being sued for some pretty specific violations not of "regs" but of laws: https://www.ftc.gov/system/files/ftc_gov/pdf/1823012WalmartC...

Walmart will have their day in court, and they certainly can afford plenty of lawyers. I have no concern at all for the well-remunerated executives at the top of this business, who will face no legal consequences for their personal profit from hundreds of millions of dollars in fraud.

Scam calls are also quite prolific, and the executives at big mobile companies are aware of this fact, that doesn't make them criminals.

By your logic, virtually every single business owner on the planet would be guilty of whatever you're accusing the Walmart execs of. Cars, computers, paper, pens, phones, wire, etc etc etc. There are very few popular products or services that don't facilitate criminal/antisocial behavior in some capacity.

Where did I say they were criminals? The FTC doesn't think so.

But there are important differences between scam calls and money transfer. The most obvious one is that big mobile companies don't profit significantly from scam calls. Another is that the big mobile companies are working quite aggressively to keep dubious callers off their networks.

Consider, on the other hand, that assorted fly-by-night telecoms providers are scammer-friendly, in the same way that a small number of network providers are friendly to spam, child porn, and other criminal activity. Those people are, in the FTC's phrasing, turning a blind eye. I'd be fine with that being made illegal in the same way it's illegal to fence stolen goods.

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