14 June 2016

FIFA Corruption Scandal A Warning for ICANN Post IANA Transition (video)

FIFA Officials Allegedly Paid Themselves $80 Million in Bonuses:

A FIFA (domain name: FIFA.com) corruption investigation revealed former president Seth Blatter and two other former executives allegedly paid each other bonuses totaling $80 million over the past five years. Video published June 6, 2016 by WSJ.com.
"Most [ICANN] staff members participate in the at-risk [Bonus] compensation program. Senior management determines which staff members will be eligible to participate, and the level of that participation. The Board has approved a framework whereby staff members are eligible to earn an at-risk payment of up to 20 percent of base compensation as at-risk payment based on role and level in the organization, with certain senior executives eligible for 30 percent."--ICANN Staff Remuneration Practices as of 1 January 2016 (embedded in full at the bottom of this post) (emphasis added)
ICANN Bylaws ARTICLE XIV: INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS: "ICANN shall, to maximum extent permitted by the CNPBCL [California Nonprofit Public Benefit Corporation Law], indemnify each of its agents against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of the fact that any such person is or was an agent of ICANN, provided that the indemnified person's acts were done in good faith and in a manner that the indemnified person reasonably believed to be in ICANN's best interests and not criminal. For purposes of this Article, an "agent" of ICANN includes any person who is or was a Director, Officer, employee, or any other agent of ICANN (including a member of any Supporting Organization, any Advisory Committee, the Nominating Committee, any other ICANN committee, or the Technical Liaison Group) acting within the scope of his or her responsibility; or is or was serving at the request of ICANN as a Director, Officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise. The Board may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of ICANN against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not ICANN would have the power to indemnify the agent against that liability under the provisions of this Article." (emphasis added)

Office of the Attorney General | State of California - Department of Justice"The Attorney General represents the People of California in civil and criminal matters before trial courts, appellate courts and the supreme courts of California and the United States."

California Corporations Code 5233: ".... (c) The [California] Attorney General or, if the Attorney General is joined as an indispensable party, any of the following may bring an action in the superior court of the proper county for the remedies specified in subdivision (h): (1) The corporation, or a member asserting the right in the name of the corporation pursuant to Section 5710. (2) A director of the corporation. (3) An officer of the corporation. (4) Any person granted relator status by the Attorney General ..."

Relator statusCalifornia Code of Regulations, Title 11, Sections 1-11"SECTION 1 Any person desiring "leave to sue" in the name of the people of the State of California under any law requiring the prior permission therefor of the Attorney General (which person is herein referred to as the relator), shall serve his application (which shall include the papers referred to in Section 2) upon the proposed defendant and within five days after such service shall file the same with the Attorney General ...."

See also DomainMondo.com: News Review [Jun12]: IANA Transition Has Already Cost ICANN Over $28 Million (excerpt embedded below):


ICANN Staff Remuneration Practices as of 1 January 2016 (pdf) embedded below (highlighting added):


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