Fracking and 280 Billion Gallons of Toxic Waste Water

English: toxic waste sign Italiano: segnale pe...
English: toxic waste sign Italiano: segnale per rifiuti speciali (Photo credit: Wikipedia)

I have to wonder if this is not one of the great business ethics issues of our time. Fracking is in many ways protected from federal regulation and the energy companies generous campaign contributions (thanks to Citizens United) have warped state regulations and even the tax laws in favor of the frackers.

I can’t help but think that there could have been protections or developments in process that would have made these methods of exploration safer for the environment. We need the feds on the job. I don’t believe we can look to the industry for our protection. Their press releases have been little but the usual work of corporate PR flacks. That kind of media and public manipulation became obvious a long time ago.

Fracking should be done only with effective regulation both state and federal. What part of American history can lead one to believe in self-regulation? How about the patent medicine companies with their laudanum and opiates? How about investment banks and the great collapse of the first decade of the 21st century? Or simply, the history of the petroleum industry itself, leaks in the Alaska pipeline, a long series of tanker disasters and a little problem called the Gulf Oil Spill? What of this give you confidence that fracking is safe and harmless.

I tell you with confidence that in a few years, fracking will be in every business ethics textbook as a cautionary tale of an industry making its own calls on the safety of the public.

James Pilant

Fracking produces annual toxic waste water enough to flood Washington DC | Environment | theguardian.com

http://www.theguardian.com/environment/2013/oct/04/fracking-us-toxic-waste-water-washington

Fracking in America generated 280bn US gallons of toxic waste water last year – enough to flood all of Washington DC beneath a 22ft deep toxic lagoon, a new report out on Thursday found.The report from campaign group Environment America said America’s transformation into an energy superpower was exacting growing costs on the environment.”Our analysis shows that damage from fracking is widespread and occurs on a scale unimagined just a few years ago,” the report, Fracking by the Numbers, said.The full extent of the damage posed by fracking to air and water quality had yet to emerge, the report said.But it concluded: “Even the limited data that are currently available, however, paint an increasingly clear picture of the damage that fracking has done to our environment and health.”

via Fracking produces annual toxic waste water enough to flood Washington DC | Environment | theguardian.com.

From around the web.

From the web site,

http://lewesagainstfracking.wordpress.com/2013/09/07/united-nations-global-environmental-alert-on-fracking/

In November of last year the United Nations released a ‘Global Environmental Alert’ on the risks that fracking poses to public health and the environment. In it they state:

While offering economic and energy security benefits, UG (unconventional gas) production presents considerable environmental risks. These range from potential water and soil contamination from surface leaks or from improperly designed well-casing, to spills of improperly treated water, increased competition for water usage, and fugitive emissions of gas with implications for the global climate…air pollution from volatile contaminants, noise pollution, negative impacts on ecosystems, biodiversity losses and landscape disruption.’

Read the full report here….UN Report

George Orwell Would Laugh

George Orwell Would Laugh

http://www.theguardian.com/world/2013/sep/23/orwell-nsa-surveillance-alan-rusbridger

NSA surveillance goes beyond Orwell’s imagination – Alan Rusbridger

Guardian editor says depth of NSA surveillance programs greatly exceed anything the 1984 author could have imagined

The seal of the U.S. National Security Agency....
The seal of the U.S. National Security Agency. The first use was in September 1966, replacing an older seal which was used briefly. For more information, see here and here. (Photo credit: Wikipedia)

The potential of the surveillance state goes way beyond anything in George Orwell‘s 1984, Alan Rusbridger, the Guardian‘s editor-in-chief, told an audience in New York on Monday.

Speaking in the wake of a series of revelations in the Guardian about the extent of the National Security Agency’s surveillance operations, Rusbridger said: “Orwell could never have imagined anything as complete as this, this concept of scooping up everything all the time.

“This is something potentially astonishing about how life could be lived and the limitations on human freedom,” he said.

Rusbridger said the NSA stories were “clearly” not a story about totalitarianism, but that an infrastructure had been created that could be dangerous if it fell into the wrong hands.

“Obama is a nice guy. David Cameron is a nice social Democrat. About three hours from London in Greece there are some very nasty political parties. What there is is the infrastructure for total surveillance. In history, all the precedents are unhappy,” said Rusbridger, speaking at the Advertising Week conference.

I heartily share Alan Rubbridger’s concern about later governments. The possibilities for abuse are so incredible that it is difficult to wrap your mind around them.

But what about Business Ethics? What are the implications there?

The government is tracking all financial transactions, so they know who invests, in what and for how much in any and every American business. That’s power. Since they monitor all e-mails, they have every kind of inside information including promotion and firing decisions. They can do something no government has been able to do before: understand the inner workings of a corporation in detail and in real time. Since corporations have incredible power, this check to that power’s implications are hard to measure. But we could be on the edge of an era in which government management of data enables corporations both domestic and foreign to be brought to heel.

Of course, they know enough personal information to blackmail millions, discredit millions more and by implication of knowing silence tens of millions of others. I find these implications disturbing.

It may be that Obama will not abuse this power but where is the guarantee for those who will come in the future?

James Pilant

From around the web.

From the web site, Tech Crunch.

http://techcrunch.com/2013/07/03/wordpress-org-reddit-mozilla-others-will-participate-in-anti-nsa-web-protests-on-july-4th/

From July 3rd, 2013.

A number of high-profile websites will be taking part in an online protest tomorrow against the National Security Agency (NSA)’s surveillance of online activity and phone calls. The protest is organized by non-profit organization Fight for the Future, and will see participation from thousands of sites, including WordPress.org, Namecheap, Reddit, 4chan, Mozilla, Fark, TOR, Cheezburger, Demand Progress, MoveOn, and EFF, among others.

However, none of the tech companies – like Facebook or Google – whose cooperation with the NSA was outed in the PRISM reveal will be involved in tomorrow’s events.

From the web site,

 

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White Collar Crime Pays Well?

http://www.addictinginfo.org/2013/09/20/man-steals-277k-autism-research-gets-5k-fine/

Man Steals $277k From Autism Research, Gets $5k Fine

stillifeLook, if this had been a once-off, or a first offense for Searls I might not be as upset. But, it wasn’t, and it’s not. He worked his con three times over the course of two years. That’s not making a mistake, or a single offense. He intentionally targeted people in and around the autism community. Let’s face it, autism research just isn’t sexy. The people who typically buy fund-raising raffle tickets are those with loved ones diagnosed with an autism spectrum disorder, or someone who knows someone like that. These are people who are already financial stretched. And he did this with the promise that the proceeds would go to fund autism research. Which also gives false hope to those buying the tickets, as well as to the charity expecting the money.

In addition to Searles’ scam not being an isolated incident, this isn’t the fist time he’s been caught with his hands in the proverbial cookie jar. According to the Olympian article, “ In 2011, Searles was the subject of a court order in Washington barring him from acting as a mortgage broker because he violated the Mortgage Broker Practices Act.” He was also issued a cease and desist order in regards to any kind of solicitation in the state of Washington.

I’m unhappy with the sentence in this case, 90 days home confinement and a $5,000 dollar fine. He’s a repeat offender and he gathered up 277 thousand dollars with this scam. I have seen white collar crime punished more lightly than virtually any other crime imaginable over the course of my life. It is so unfair. Shouldn’t penalties be assessed in some measure on the harm done and less on the social class of the perp?

James Pilant

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Indentured Servitude or Life as a Temp

 

 

Involuntary Servitude
Involuntary Servitude

Indentured Servitude or Life as a Temp

The Expendables: How The Temps Who Power Corporate Giants Are Getting Crushed

http://www.huffingtonpost.com/2013/06/27/workers_n_3511161.html

Across America, temporary work has become a mainstay of the economy, leading to the proliferation of what researchers have begun to call “temp towns.” They are often dense Latino neighborhoods teeming with temp agencies. Or they are cities where it has become nearly impossible even for whites and African-Americans with vocational training to find factory and warehouse work without first being directed to a temp firm.

In June, the Labor Department reported that the nation had more temp workers than ever before: 2.7 million. Overall, almost one-fifth of the total job growth since the recession ended in mid-2009 has been in the temp sector, federal data shows. But according to the American Staffing Association, the temp industry’s trade group, the pool is even larger: Every year, a tenth of all U.S. workers finds a job at a staffing agency.

I strongly believe that we should hold companies responsible for the acts of their subcontractors. These workers are essential to the American economy but are treated little better than lab rats. This kind of indentured servitude while useful for settling agricultural colonies has fewer uses in the modern world except rank exploitation.

It’s hard to be middle class on these kinds of salary. I read a report the other day that this new generation now coming of age is much less likely to buy cars than the previous ones. What a surprise? There are fewer jobs and the jobs pay less. Of course, they won’t be buying as many cars, or anything else. We pay a lot for our low prices at these huge chain stores, perhaps too much.

James Pilant

From around the web.

From the web site, National Staffing Workers Alliance.

http://nationalstaffingworkersalliance.wordpress.com/2013/05/15/permanent-full-time-jobs-an-endangered-species-opseu/

The problems of temp/part-time/precarious work isn’t just a problem in
the U.S. our Canadian sisters and brothers are fighting the same fight. 
The article below highlights how Government run Liquor Control Board of
Ontario (LCBO) used temp and part time workers and while the workers
struggle with low wages, the LCBO rakes in huge profits (sound
familiar?)

From the web site, Migrants Canada.

http://migrantscanada.wordpress.com/2013/02/05/launch-of-the-temporary-agency-worker-association/

Most of these workers are no longer on the margins of the economy, but
are central to the functioning of the economy. In most where house work,
day-labor in the agricultural sector, food processing, and in the
healthcare sector, agency workers are becoming the Norm. In fact, these
agencies are part of one of the fast growing industries in Québec;
according to Statistics Canada, in 2008 there were approximately 1200
placement agencies across the province, and the industry had an
estimated value of $1 billion.

From the web site, Flip Chart Fairy Tales.

http://flipchartfairytales.wordpress.com/2011/03/31/part-time-and-temp-work-lifestyle-choice-or-hobsons-choice/

I suspect that similar forces are at work in the market for part-time professionals. A small number of highly marketable people are able to negotiate part-time contracts on very good rates. Some may have more than one part-time job, others may be working as non-exec directors. A few may be wealthy enough not to need to work full-time. Employers tend to be reluctant to employ part-timers in professional jobs so the very fact that people are in such positions may be an indication of their bargaining power.

As ever, skill levels and social factors, rather than types of employment contract, are the key determinants of pay. If you have highly marketable skills, good social support networks and/or affordable child-care and, crucially, powerful and well-placed contacts, you can make the flexible labour market work for you. If you haven’t, you can’t.

The higher up the social hierarchy you are, the more likely you are to be working on part-time or temporary contracts from choice and the more likely those contracts are to be highly lucrative. At the other extreme, part-time and temporary work is poorly paid, precarious and often all you can get. What is a lifestyle choice for some is Hobson’s choice for the rest.

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School Teaches Students Moral Cowardice

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School Teaches Students Moral Cowardice

School fires domestic violence survivor, calls her a “liability”

No one would fault administrators or parents for wanting to ensure that children are safe at school, but barring a domestic violence survivor from her job and taking away her family’s livelihood is hardly the solution, advocates say. “Firing all these women is not the answer. You have to deal with this and it’s really up to all of us,” YWCA San Diego CEO Heather Finlay told NBC, adding the school should have pursued protective measures that targeted the abuser — not Charlesworth.

I was appalled to read this article. In fact, when I saw the title, I thought it must be some kind of mistake or a joke. Unfortunately, the facts as reported are accurate. A women victimized by a stalking husband has been fired from her job.

What’s next? Will we eject any employee under threat for any reason since this may very well inconvenience a school?

I want you to think of the incredible possibilities. A stalker can automatically get a woman fired from her job. Now, that’s power. The school system can actually force women to stay with abusive husbands because they know they will lose their jobs.

And without a job, and often having support children, the woman is at the mercy of state services and the possible handout and support of Mr. Wonderful, the man she tried to leave.

Honor, courage, tradition – all demand we stand up to those who use violence to gaining their ends. This example empowers the wicked and damages the innocent.

Is there any business, any educational institution, any government facility, where a human being placed under threat is not a liability? Does that mean we should fire them for convenience sake? or out of fear? What kind of people are we?

James Pilant

 

 

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Not All Stakeholders Are Equal

Not All Stakeholders Are Equal

Why did Komen for the Cure give Nancy Brinker a 64 percent raise? – Salon.com

In 2012, the breast cancer organization ignited a firestorm by announcing it was pulling its funding for breast cancer screenings and services for Planned Parenthood – and then had to hastily and ineptly apologize, then backpedal. It watched as its conspicuously conservative vice president for public policy Karen Handel resigned in the wake of the scandal. It saw registrations for its events decline in Maryland, in Texas and all over the damn place. It squirmed at increasing questions over why an organization that features the words “the cure” so heavily in its promotion, that boasts how its “research investment has changed the breast cancer landscape,” devotes a minuscule and declining portion of its dollars to actually finding one.

Turns out that in 2011, it spent just 15 percent of its donations on research — nearly half of what it did just a few years prior. And, significantly, its founder, Nancy Brinker, the woman whose vow to the sister she lost to cancer has served as the organization’s poignant, relatable narrative, stepped down as its CEO. In August, Brinker announced she was taking on a new role, as chairwoman of the executive committee. (She is, however, still listed as its CEO and founder on the Komen site. Komen says it’s still looking for her replacement.) In short, the whole series of fiascoes was so appalling that Deanna Zandt, author of “Share This! How You Will Change the World With Social Networking,” called the Komen fiasco a teachable “example of what not to do.”

Yet after more than a year of bad publicity and declining participation, Brinker herself seems to be doing just fine. As Cheryl Hall pointed out this weekend in the Dallas Morning News, Brinker made “$684,717 in fiscal 2012, a 64 percent jump from her $417,000 salary from April 2010 to March 2011.” That’s a whole lot of green for all that pink. Hall notes that’s about twice what the organization’s chief financial officer, Mark Nadolny, or former president Liz Thompson were making. And as Peggy Orenstein points out on her blog Monday, it’s considerably more than the average nonprofit CEO salary of $132,739.

Why did Komen for the Cure give Nancy Brinker a 64 percent raise? – Salon.com

Giving Brinker a raise is probably not in the best interest of contributors or cancer patients. Theoretically, these are the key stakeholders for Komen for the Cure.

Really? Are they the key stakeholders? Why does the money not indicate that?

Because if there is anything we can be sure of, it is this, “How people use money tells us a lot about what they are trying to do.”

Is the organization using the bulk of its contributions to find a cure? How much of the organization is literally philanthropic?

I’ll let you work through that.

However, I will note that this an example of the free market in action – private money solving serious health problems afflicting millions. It is possible that some of you don’t see the efficiency in this model of free enterprise. I don’t either.

James Pilant

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Why unethical conduct in business is so common at this time in our history? Why is business ethics almost irrelevant?

Why unethical conduct in business is so common at this time in our history? Why is business ethics almost irrelevant?

It is now about four years since the catastrophe on Wall Street wrought destruction on this country’s economy. In those three years, the lives of much of the population have become much more difficult while the lives of those who created the disaster seem to have changed but little.

How did we get here? How did doing financial speculation amounting to little more than gambling become respectable? How did the idea of a responsibility to the other citizens of a nation become amusing to the elites?

There are several factors. The first was the advent of the baby boomers to power and authority replacing the Depression and the World War Two Generations. Probably the best date for this transfer would be 1976 when Jimmy Carter became President. He was the first President to not have served in the Second World War since Truman. The significance of this was huge. The previous generation had solid memories of the failures of financial sector and the long hard times that resulted. The difference between study and experience are dramatic. It’s even worse when it’s collective experience. The new generation had stories, movies and television to remind them of the pain of those years, but it didn’t carry the power of the emotions involved, the collective helplessness of more than fifteen years when everything that generation knew was in peril.

The second factor I point to is the advent of the Chicago School of Economics and the doctrines of Milton Friedman. I point in particular to Friedman’s 1970 article in the New York Times Magazine, The Social Responsibility of Business is to Increase its Profits. This is my favorite quote.

But the doctrine of “social responsibility” taken seriously would extend the scope of the political mechanism to every human activity. It does not differ in philosophy from the most explicitly collectivist doctrine. It differs only by professing to believe that collectivist ends can be attained without collectivist means. That is why, in my book Capitalism and Freedom, I have called it a “fundamentally subversive doctrine” in a free society, and have said that in such a society, “there is one and only one social responsibility of business–to use it resources and engage in activities designed to increase its profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.”

I want you to understand that it appears to me that included in “the doctrine of social responsibility” is duty, honor, religion and patriotism, to name a few. (I like to tell my ethics class that the no religion agrees with this doctrine that doesn’t practice human sacrifice.) Here we have a rejection of those values that constitute Western Civilization. From Wikipedia:

The concept of western culture is generally linked to the classical definition of the Western world. In this definition, Western culture is the set of literary, scientific, political, artistic and philosophical principles which set it apart from other civilizations. Much of this set of traditions and knowledge is collected in the Western canon.

These things that make us human, these things that convey the values – the principles, that are the result of thousands of years of human experience are swept away in a simple doctrine that justifies any action within “the rules of the game.”

I want to point out one more thing: notice that the principles of “within the rules of the game” and “open and free competition without deception or fraud” are in many ways contradictory. If you can make or influence the rules why should you compete? Now get a load of this: Friedman tells businessmen that they are free of any restraint, every limitation of conduct, but they are supposed to hold to the duty of engaging in open and free competition without deception or fraud: Do whatever is necessary to make a profit but be good boys and compete.

The third element is the gradually increasing wave of deregulation which begins in a small way in 1971 when the Nixon Administration recommends the rail and trucking industries be deregulated. By the time, Jimmy Carter is elected the doctrine has gained enormous strength and much wider application. The basic implication that government regulation damages business success hampered any attempt at new regulation no matter what happened. This attitude is critical to what happens next.

The fourth element can be dated roughly as beginning 1981. Hostile takeovers and corporate raiding become regular parts of the business news. The basic significance of this is that it is a war. A war fought between manufacturing and finance, with manufacturing losing at every turn. The secondary effects were only a little less worse. You could make money at it. Not little money like people made from developing new products and making things, big money. T. Boone Pickens, one of the major corporate raiders of the period is worth three billion dollars and is rated currently as the 117th richest man in the world. Now let us add in a related development, the financing of these takeovers. Drexel Burnham Lambert paid Michael Milken 550 million dollars a year during its heyday. What did Michael Milken do to merit this: he created high yield bonds, junk bonds. The era of “financial innovation” begins here. Continuing to the present day, more and more bizarre mathematical creations will be used for investment, financing and speculation.

Now, let’s combine them. Those Americans familiar with the pain of the results pass on the reins of power to a new generation. The Chicago School of Economics will provide the philosophical basis for discarding societal responsibility. The government reacts with deregulation which makes it exceptionally difficult to re-regulate industries. The financial industry begins destroying manufacturing in its search for profits.

All the elements are now in place for what has happened and continues to happen. The American population without previous experience of the fruits of financial speculation have no common idea of what should be done. The ethic of the business world is converted from a complex set of factors motivated by religion, philosophy, the myriad other factors that tie us to one another as a people to one of profit as the only value. The government accepts this philosophy and applies it, making deregulation and not regulating pretty much the official doctrine of the government. The financial industry begins destroying healthy companies making hundreds of millions of dollars for what might kindly be described as little effort. The government does not intervene to stop this, which is a clear demarcation line in history that the power of that part of American that makes things is eclipsed by the power of the deal makers, the part of American society that moves money.

Out of this history we grew a generation of Americans who knew with certainty (and unfortunately with accuracy) that going into the financial industry, taking risks, and pushing the boundaries of the rules could make one a multi-millionaire in short order. The most capable of the students at the great universities many of them Ivy League schools went into finance. Those individuals were supposed to be a wide variety of things especially the keepers of the flame, the torch that is passed from one generation to another, the moral standards, the courage, the willingness to sacrifice for their country and their fellow man so that all can prosper. It is difficult to maintain a system of morals when the rewards are so extreme. My understanding is that ivy leaguers can start at a Wall Street firm for as much as $350,000 in salary. And after that if you are willing to do “what it takes,” the path to being a mere millionaire is quick and easy. These people were supposed to be crusading attorneys, publishers, politicians, administrators – all those things that make societies function. There is an ancient precept that nations succeed based on the wisdom of the learned, the courage of their soldiers and the efforts of the workers. Our best and brightest don’t go there. They go to make money in a moral vacuum.

We are going to pay for this for a long time. When the basic doctrine, the ethos of a country becomes devoted to the acquisition of wealth with not even a tiny lip service to virtue you get unethical conduct on a broad front across the business world. Everything that has happened since then, has grown out of these events that I described. The Savings and Loan Etc. (I was going to list them but you know as well as I do what they are and I find it too depressing to make such a list just at the moment) are all explainable out of these elements.

Now we have the demonstrations on Wall Street that are rapidly forming a counterpoint to the story,  I told above.

Is this the beginning of a brand new story or a small and insignificant chapter in the global rise of financialization?

I am hoping for a new story.

James Pilant

From around the web.

From the web site, 3M Health Information Systems.

http://3mhealthinformation.wordpress.com/2013/07/24/why-unethical-behavior-goes-unchecked/

I’m interested in why people don’t report to their companies if they observe unethical, illegal, or just wrong behavior. Most large companies provide training on their Code of Conduct, ethics, legal issues, and harassment. Is it that it takes effort and a bit of risk in order to report someone else’s wrongdoing? That appears to be case. In the same survey mentioned above, they found that 69 percent of respondents thought the company would not investigate the issue properly if it was reported and 23 percent feared a negative consequence, including retaliation. It appears that more training on the topic of reporting suspected wrongdoing is needed as well as efforts within companies to honor their commitments to address any report of suspected wrongdoing and keep the employee safe from harm.

Who is in a position to help companies promote more reporting of misconduct? Once again, I think the middle manager is the key to the solution. Middle managers are well positioned to see what happens with those who report to them as well as what happens with their own senior managers. Their perspective within the organization cannot be matched. Additionally, the middle manager often has sufficient information about the company and its policies to know when the issue is bad behavior or an honest mistake versus unethical or illegal actions. Encouraging employees to report directly to their manager (when the issue does not include their manager) may help to weed out the misunderstandings from the misconduct and do so at a level that feels safer to the employee.

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Hospitals Mock the Free Market

 

Changing memory
Changing memory

Hospitals Mock the Free Market

Hospital Prices No Longer Secret As New Data Reveals Bewildering System, Staggering Cost Differences

When a patient arrives at Bayonne Hospital Center in New Jersey requiring treatment for the respiratory ailment known as COPD, or chronic obstructive pulmonary disease, she faces an official price tag of $99,690.

Less than 30 miles away in the Bronx, N.Y., the Lincoln Medical and Mental Health Center charges only $7,044 for the same treatment, according to a massive federal database of national health care costs made public on Wednesday.

Americans have long become accustomed to bewilderment and anxiety when confronting health care bills. The new database underscores why, revealing the perplexing assortment of prices for medical care, with the details of bills seemingly untethered to any graspable principle.

Even within the same metropolitan area, hospitals charge prices that differ by staggering degrees for the same procedures. People without health insurance pay vastly higher costs for care when less expensive options are often available nearby. Virtually everyone who seeks health care winds up paying inflated prices in one form or another as these stark disparities in price sow inefficiencies throughout the market.

Hospital Prices No Longer Secret As New Data Reveals Bewildering System, Staggering Cost Differences

Given the opportunity to charge without oversight, hospitals developed a byzantine pricing system that was favorable to them in every way. I am shocked. I want the free market fundamentalists to come here and take a long good look. This is reality. Market actors misusing the system to cruelly abuse their customers and our only hope of salvation, the much maligned government. That is, unless, you want to wait for the hospitals to wake up and realize that the free market is better for everybody? Maybe their profits blind them to the unearthly beauty of your doctrine? What do you think?

James Pilant

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The Ethics Sage, KPMG Insider Trading Scandal Damages the Reputation of the Accounting Profession

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Steven Mintz
Steven Mintz

(I honored to have the Ethics Sage, Steven Mintz, write a post for my blog. Please visit his blog at Ethics Sage.)

KPMG Insider Trading Scandal Damages the Reputation of the Accounting Profession

What possesses an audit partner to trade on inside information and violate the accounting profession’s most sacred ethical standard of audit independence from one’s client? Is it carelessness, greed, or ethical blindness? In the case of Scott London, the former partner in charge of the KPMG’s Southern California’s regional audit practice, it was some of each that motivated him to violate ethical standards and, in the course of doing so, causing the audit opinions signed by London on Skechers and Herbalife to be withdrawn by the accounting firm.

This case has a local twist as pointed out by Stephen Nellis in his column “Deckers, PCBC were victims of auditor leaks” in the April 19-25 Pacific Coast Business Times. Nellis notes that two companies affected are Goleta-based Deckers and Pacific Capital Bancorp, the former parent of Santa Barbara Bank & Trust now part of Union Bank.

Overall, Shaw is charged with leaking confidential information to his friend, Brian Shaw, about Deckers, Pacific Capital Bancorp, Manhattan Beach-based Skechers, and Los Angeles-based Herbalife. The leak of information about quarterly earnings information led to Shaw’s unjust enrichment of $1.27 million. Shaw, a jewelry store owner and country club friend of London repaid London with $50,000 in cash and a Rolex watch, according to legal filings.

The leaking of financial information about a company to anyone prior to its public release affects the level playing field that should exist with respect to personal and business contacts of the leaker and the general public. It violates the fairness doctrine in treating equals, equally, and it violates basic integrity standards. The KPMG scandal concerns me because a pattern of such improprieties may be developing.

In 2010, Deloitte and Touche was investigated by the SEC for repeated insider trading by Thomas P. Flanagan, a former management advisory partner and a Vice Chairman at Deloitte. Flanagan traded in the securities of multiple Deloitte clients on the basis of inside information that he learned through his duties at the firm. The inside information concerned market moving events such as earnings results, revisions to earnings guidance, sales figures and cost cutting, and an acquisition. Flanagan’s illegal trading resulted in profits of more than $430,000. In the SEC action, Flanagan was sentenced to 21 months in prison after he pleaded guilty to securities fraud. Flanagan also tipped his son, Patrick, to certain of this material non-public information. Patrick then traded based on that information. His illegal trading resulted in profits of more than $57,000.

The KPMG case is a particularly egregious one because it involves insider trading by an auditor of client stock. This incident jogged my memory and I came up with a characterization of London’s actions as “stupid is as stupid does.” Scott London, the partner in charge of audits of Herbalife Ltd. and Skechers USA Inc., traded on inside information for personal gain.  KPMG resigned as the auditor of both companies after learning that London provided non-public information about the companies to a third party, who then used the information in stock trades. The firm fired London.  

In resigning the two audit accounts, KPMG said it was withdrawing its blessing on the financial statements of Herbalife for the past three years and of Skechers for the past two. KPMG stressed, however, that it had no reason to believe there were any errors in the companies’ books. Both companies said they are moving to find new auditors.

In a statement that should raise red flags for all CPA firms that audit public companies, KPMG stated it had concluded it was not independent because of alleged insider trading. Independence is the foundation of the accounting profession and the cornerstone of an audit conducted in accordance with generally accepted auditing standards. The public (i.e., shareholders and creditors) relies on auditors’ independence, objectivity, and integrity to ensure that the audit has been conducted in accordance with such standards and that the financial statements are free of material misstatements.

I’m having a hard time understanding the stupidity and moral blindness of London in this case. Surely he knew of his ethical obligations. All audit firms supposedly have been carefully assessing independence in the aftermath of financial frauds in the late 1990s and early 2000s (i.e., Enron and WorldCom). Firms generally have quality controls in place to prevent compromises to audit independence.

Trading on insider information for cash and gifts is bad enough, and when done by an audit partner it is unforgiveable. Even more baffling to me is that the quid pro quo for passing along stock tips about clients to a friend for London was to receive cash and gifts in return. According to London, he received a discount on a watch, and the friend bought him dinners from time to time and on a couple of occasions gave him $1,000 to $2,000 in cash. A cynic might say he sold himself cheap.

So, what happens next? Both Herbalife and Skechers will need to have their financial statements re-audited, not an inexpensive proposition. Even though the companies were not at fault, the public may misunderstand and think the companies were complicit in the matter.

For KPMG, the insider trading investigation is a setback. The accounting firm has worked hard to rehabilitate its reputation after coming under scrutiny last decade in a wave of corporate accounting scandals and the firm’s role in the marketing of fraudulent tax shelters. KPMG paid large nine-figure settlements to resolve lawsuits related to accounting scandals at the drugstore chain Rite-Aid and Oxford Health Plans. In 2005, the firm paid a $456 million penalty to the government related to tax fraud.

I have to wonder whether insider trading by partners at Deloitte and KPMG portends a larger scandal on the horizon. It seems every ten years or so the accounting profession finds itself in a “pickle” and hauled before Congress to explain its actions. It is about that time following financial frauds at Enron, WorldCom and a host of other companies. I don’t know how to get the message across to those in the profession that every time such incidents occur, and now insider trading, the public loses patience with the profession and doubts begin to surface about whether the profession truly acts to protect the public interest.

Blog Posted by Steven Mintz, aka Ethics Sage, on April 12, 2013

 

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Employers Living a Fantasy?

canalEmployers Living a Fantasy?

Low-Wage Workers Feel Worse Off Now Than During Recession: Survey

The survey revealed that many people at the lowest rung in the workplace view their jobs as a dead end. Half were “not too” or “not at all” confident that their jobs would help them achieve long-term career goals. And only 41 percent of workers at the same place for more than a decade reported ever receiving a promotion.

Yet 44 percent of employers surveyed said it’s hard to recruit people with appropriate skills or experiences to do lower-wage jobs, particularly in manufacturing (54 percent). While 88 percent of employers said they were investing in training and education for employee advancement, awareness and use of such programs among the lower-wage workers was only modest.

Although President Barack Obama made it a national goal to “equip our citizens with the skills and training” to compete for good jobs, the survey shows a U.S. workforce that has grown increasingly polarized, with workers and their bosses seeing many things differently.

Seventy-two percent of employers at big companies and 58 percent at small ones say there is a “great deal” or “some” opportunity for worker advancement. But, asked the same question, 67 percent of all low-wage workers said they saw “a little” or “no opportunity” at their jobs for advancement.

Low-Wage Workers Feel Worse Off Now Than During Recession: Survey

 

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