The Supreme Court Is Right.

On By southwerkIn business ethics, ethics, Government Failure

I despise the Roberts court. After the Citizen’s United case in which the court addressed an issue that wasn’t even brought up in the case to give corporations the same rights as human beings meaning that they could spend unlimited amounts for advocacy. It seemed to me then and now that a paper entity and a citizen of the United States have striking differences.

Many, many people including me get upset when the obviously guilty walk free. I remember when Imelda Marcos evaded conviction with some anger and I could name some more. One of the most loathsome characters in the history of the United States and Canada is Lord Black also known as Conrad Black. This odious figure used a non-compete clause to enrich himself by many millions of dollars. Jeff Skilling, one of the architects of the Enron debacle, is also likely to walk free. It is difficult to contemplate any number of common criminal thefts and robberies that can close to Skillings incredible career of monetary destruction. Yet, it seems today that their convictions will be thrown out because of a Supreme Court decision.

Conrad Black should be in prison. He is a criminal.

Jeff Skilling is a criminal. He should be in prison.

But the Supreme court is right. The issue at question is the “honest services” law. Under the law if you fail to offer honest services you have committed a crime. The problem here is obvious – what are honest services? If you are late to work, are you late, stealing from your employer and thus liable under the law? The law gave enormous discretion to prosecutors, actually the word incredible come to mind. It was more a license to convict than a law. Alabama Gov. Don Siegelman was convicted under the law. His crime was to appoint a contributor to a position in exchange for his financial support for a campaign for a statewide lottery. It was a non-paying position that he had been appointed to several times under previous governors. That’s grounds for a federal prosecution?

What is worse about this whole stinking prosecutorial mess is that I believe that under the law, there were legitimate statutes under which to try most of these men, particularly simple fraud. The time is up for new criminal filings. Because the prosecutors opted for the easiest possible legal theory, there will be no convictions at all.

James Pilant

HOW TO BECOME A SYSTEMS ANALYST (via Lizette Grace Sabanilla’s Blog)

On By southwerkIn business ethics, Capitalism

Ms. Grace explains with commendable clearness the business of being a Systems Analyst and what that entails. To my delight she mentions a knowledge of business ethics in a positive light, not just as a painful and annoying course that one must get through. She has my appreciation. If System Analyst is your thing, a better into would be hard to find.
James Pilant

The World Wide Web is an everyday expanding system. Most businesses use the Web in order to exchange information and close deals because its scope is global so it’s easier to access information specially ones with international range, and it offers a 24-hour service so you can access it whenever you want. With the business world going digital, it’s quite natural for companies to hire computer experts and professionals to use technology to meet th … Read More

via Lizette Grace Sabanilla's Blog

Economist: UN getting involved in private business “Morals” good or bad? (via Center for Advance Sufficiency Study)

On By southwerkIn Uncategorized

Can the UN help bring about a world wide change in business ethics. The collapse of the rebranding of British Petroleum is calling into question whether or not the UN initiatives are in any way effective. It is a challenging article I call it to your attention.
James Pilant

Economist: UN getting involved in private business "Morals" good or bad? Business.view: Wrapped in the flag Jun 22nd 2010, 15:08 by The Economist online | NEW YORK AMONG the many victims of BP’s catastrophic oil spill in the Gulf of Mexico is the campaign to promote socially responsible behaviour among big companies. Ever since BP’s previous boss, Lord Browne, embraced the battle against climate change in 1998 and declared—in what then seemed a masterful rebranding exercise—that the oil firm must move “Beyond Petroleu … Read More

via Center for Advance Sufficiency Study

Zachary Burt

On By southwerkIn business ethics

Zachary has some distinctive ideas on business ethics. He also has some interesting comments on networking (I am in total agreement on the uselessness of business card swap meetings.).

His web site is called Zachary Burt’s Blog.

E-History!!

On By southwerkIn ethics

“We are persuaded that a signature under (state law) does not require a signor to physically handle a piece of paper and sign her name with a pen,” wrote Chief Justice Christine Durham for her colleagues on the state Supreme Court. “An electronic signature is sufficient to satisfy the election code.”

Generally speaking, you don’t see a historical statement in the news. This may be one. I am a proponent of using the internet to do many things that formerly required actual physical presence. These are signing petitions, shareholder meetings and voting. We should not have to be physically present to do organizational things.

At one time, we could only speak face to face, the best we could do to improve the range was to speak loudly. How many times a day do you communicate with words? And how many of those were face to face?

The world has changed. If you can buy thousands of dollars of whatever online with reasonable assurance of security, surely you can vote – surely you can vote to confirm the CEO’s pay package. Let’s have some democracy!

Once upon a time we lived in tiny communities in an agrarian society. We could meet in small groups and make our opinions known. Now we live in vast cities in a society that makes money by moving other people’s money. But we can use modern communication to shrink to that small world where we could make our opinions known. We live there once more in tiny communities. Because it will always be the committed and informed that are but small groups in our society. The wheel has turned. We have opportunity here to improve our lot from identical insects in a hive to more like human beings. It’s a good step. Our humanity is hard to project and hard to maintain. But it is a step and a step in the right direction.

James Pilant

[And it all started in Utah.]

Islam: Economic Values and Ethics (1) (via The Quran Blog – Enlighten Yourself)

On By southwerkIn Uncategorized2 Comments

The misconceptions about Islam in the United States would require dozens of books. I challenge anyone who claims such nonsense as that Islam is a religion of war to read this post. It is a magnificent story of how Islam deals with business creating a system of ethical rules of true excellence. If American business did half of this, we’d be living in a different society. Give it a read. I’ve added to my favorites.

Islam: Economic Values and Ethics (1) (2) Islam: The Complete Way of Life (Some Proofs from the Qur'an and the Authentic Ahadith) Economic Values and Ethics By Mamarinta Omar Mababaya and Dr. Norlain D. Mababaya Economic Values and Ethics Fair/Honest Dealing in Trading, Buying and Selling "O you who believe! Stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: and fear Allah. For A … Read More

via The Quran Blog – Enlighten Yourself

Karma Isn’t a Bitch (via Shminaminoo)

On By southwerkIn Uncategorized

A cynical look at ethics training combined with an even more cynical view of corporate success tempered by philosophical thought. Good read.

Karma Isn’t a Bitch Image via Wikipedia When I was hired to BAE last summer, I—like every other new hire at every other company—was forced to watch hours of “training videos”.  The ostensible purpose of these videos was to teach the morals and ethics all employees were expected to uphold.  Let me summarize the three central tenets: Don’t be a jerk Don’t grab people’s asses Don’t sell corporate or national secrets (Considering the legal ramifications of not … Read More

via Shminaminoo

Derivative Napalm

On By southwerkIn business ethics

Alain Sherter (BNET)  is on the hunt today. The enemy is New York Democrats seeking to weaken financial regulations at the behest of the that very same financial industry.

In his article Sherter discusses those trying to weaken the bill and notes that –

In defense of preserving the current rules on derivatives Rep. Mike McMahon said:

Wall Street is to New York what cars are to Detroit and corn is to Iowa.

To which Sherter responds –

And derivatives are to the U.S. economy what napalm is to human flesh, but who’s quibbling.

If words were daggers, McMahon would look like a pin cushion.

Read the article. It’s rage, reason and satire, you don’t see that much. Not many people can write like that. It should be appreciated.

James Alan Pilant

Didn’t Take Pilant’s Ethics Class Award 6/19/10

On By southwerkIn Uncategorized

Eric Cantor, the Republican Whip in the U.S. House of Representatives, gets the award today. Let us scream two phrases into the night sky with the scant hope that our elected representatives will hear and respond. (You can try e-mail or letters but is that really working?) The phrases are “conflict of interest” and “patriotism.”

What did good ole Eric do to get me really upset? Well, take a look at this from the Wall Street Journal.
Yes, that’s right. An elected representative of the people of the United States is taking a short position against long-dated government stocks. That doesn’t sound like a big deal you say, what does that mean anyway? It means that if the United States does badly economically, he makes money. On the other hand if the country is prosperous and successful, he stands to lose money. Wow, and guess what, as minority whip of the House of Representatives he has some say in whether or not the country does well.
Now, you might ask at this point if I am suggesting that he is acting to destroy the nation to make money. No, I don’t. But I can’t see this as anything other than a massive conflict of interest considering how many possible influences he has over government bond values. And for pity’s sake, is this the act of a patriot? Now, here you have another opportunity for a good question. Do you believe that Cantor is acting the traitor by investing against our government bonds? Once again, I don’t. However, this is poor judgment on his part and certainly carries implications as to his actual feelings regarding the limits of capitalism.
Let me explain what I mean by the limits of capitalism, You see, I wonder where self-interest stops and other factors of judgment kick in. For example, I ask this question a lot and it goes like this, “At what point are you willing to give up profit to protect the interests of your country?” My general perception of the executives (CEO’s, etc.) in the United States is that they are willing to give up nothing.

Nevertheless, I will continue to claim long and loudly that a patriot must give up profit if it damages the interest of his country.

Rogue Columnist!

On By southwerkIn ethics

“My aim has been to achieve the best in hard-hitting newspaper news column writing, a special and dying craft outside of a few places. I often fall short. But at its best this involves trenchant writing, a distinctive and compelling voice, backed by the facts (as Daniel Patrick Moynihan said, “you are entitled to your own opinion but you are not entitled to your own facts.”), analysis, context and pointed commentary.”

This is from John Talton’s latest column on his blog. This is one I read regularly and I recommend it to you.

I wrote him a short note by e-mail –
I put your latest column on on “Digg.” I am in the middle of writing something positive about it on my blog. When I was reading your piece I noticed that you said that writing a regular blog was grueling. Yes. Absolutely. I write on ethics usually twice a day. It feels like swimming up a waterfall. Increasingly we seem to live in a world devoid of honor. Well, enough of my musings. You probably get tired of hearing this, but I very much enjoy your columns. The only reason I don’t refer to them very often is that most people in NW arkansas (I’m only a few miles from Wal-Mart corporate headquarters.) have no idea what you’re talking about and a lot of your stuff is squarely in-state material.
My best wishes!
James Pilant

Read James’ entries on Pilant’s Business Ethics Blog
https://southwerk.wordpress.com/

You will notice I end my message with a shameless reference to my own blog. I feel bad about having done that but not bad enough to quit doing it.

James Pilant