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Senator Stevens guilty—and who else?

By Steve | October 28, 2008

by Steve Priest, President of Ethical Leadership Group, a Global Compliance company

Yesterday Senator Ted Stevens of Alaska was found guilty on seven felony counts. He failed to disclose gifts and services of approximately $250,000 largely used to renovate his home.

Like most Americans I hate the fact that senators, congressmen (and women???), governors, state representatives, alderman—politicians in every conceivable role and both parties—take things they shouldn’t. Or at least don’t disclose things they should.

But since the focus of ELG is on organizational ethics and compliance, let’s look at the other half of the equation. What about the people who provided the gifts and services?

The most valuable gifts and services provided to Senator Stevens involved remodeling and furnishing his Alaskan home. The remodeling was largely done by employees of VECO Corporation. According to the charges, this remodeling occurred over six years, and included:

• building a new first floor
• installing a new electrical system
• installing a new roof
• adding a wraparound deck
• installing a rope lighting system
• installing kitchen appliances
• repairing many parts of the home.

This renovation work, as well as other gifts, was approved by the then Chairman of VECO, Bill Allen. Both Mr. Allen and a VP have pleaded guilty to bribing Alaska state legislators but have not yet been sentenced. Their testimony in the Stevens case may help them reduce their sentences, but they almost certainly face time in prison, as does Senator Stevens.

Always hoping for innocent mistakes rather than calculated wrong-doing, I looked up more information on VECO in hopes that Allen and his VP perhaps were naïve and did not know what they were doing was wrong. Unlikely. VECO was a sophisticated global company with over 4,000 employees. They knew the rules, and thought it would be in their best interest to violate them, at least with Alaskan government officials and Senator Stevens.

Could anything have stopped them—or at least ended their bribery earlier? Sometimes bribery is hard to discover. It is usually conducted in secret. Bribers and recipients try not to leave trails.

In this case, however, a number of VECO employees conducted the work on the Senator’s house. It is impossible that they did not know whose home it was. It is improbable that the neighbors’ eyesight failed. It is extraordinarily unlikely that a firm like VECO—whose main business was oil field services—would be doing commercial home renovations.

Yet these renovations started in 2000—and lasted until 2006. Where were the whistleblowers?

This exposes one of the biggest risks that privately held, family-managed companies face. When the wrongdoing is directed or approved by a member of the family that owns the place, where are you going to report an issue? Who is going to make that call?

One would like to think it is different in publicly held companies, but in our focus groups we have heard the same concern. “Why should I make a report when I believe the people at the top already know?”

An active Board of Directors with a visible, independent profile is one key mitigating step. Many privately held companies prefer not to have one, but this is the only internal resort for employees in companies like VECO. These boards, like their publicly traded counterparts, also need to provide an anonymous reporting channel for employee concerns to go directly to them so they cannot be filtered by members of management. This does not have to be a hotline on every board member’s desk. It can be the standard helpline, with an inviolable protocol established with the provider: calls of these (defined) types or about these people go directly to Board member Y.

Would such a system of governance and reporting have saved VECO? Perhaps not. We don’t know whether employees had been trained about the issue and their reporting obligations, and we don’t know anything about the VECO culture. But it certainly might have made a difference, and can in many other organizations.

The cost of the bribery scandal is obviously high for a number of individuals. Including Mr. Allen’s family, who have had to live through this with him, and will suffer his loss when he goes to prison. And including the employees of what used to be VECO. For, as is so often the case, VECO is no more. In 2007, in the wake of the scandal involving Alaskan officials, Mr. Allen’s daughter sold VECO.

Do you think the family got as much post scandal as they would have before? Do you think employees felt as secure afterwards? At least they were acquired by a very reputable company (CH2MHill), but the change had to be painful no matter what.

I’m not crying for Senator Stevens or Bill Allen. But it is too bad that ethics and governance failures cost so many innocent people so much. I’ll revisit that theme as I explore the financial services meltdown over the next few months.

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Digital is different

By Steve | October 13, 2008

by Steve Priest, president of Ethical Leadership Group, a Global Compliance company

People who wouldn’t dream of stealing a CD from Best Buy have no problem downloading music illegally or making unauthorized copies.

And now a small study conducted by researchers from Rutgers and DePaul finds that people lie when they are interacting with those they don’t know on email. Maybe that’s like finding greed on Wall Street or ego in Hollywood. But the percentage is pretty astounding: 92% lie!

You can find further information in this New York Times article. But essentially, graduate students were given a fictional $89, and told they could divide it with another student. They had to communicate the amount they were dividing with the other student. Those communicating via e-mail lied more frequently and to a greater extent than those using pen and paper.

As cited in the Times: “E-mail communication decreases the amount of trust and cooperation we see in professional group work, and increases the negativity in performance evaluations,” said co-author Terri Kurtzberg of Rutgers. “People seem to feel more justified in acting in self-serving ways when typing as opposed to writing.”
Let’s leave it to the social psychologists to unpack the reasons for this. But what does it mean for our corporate cultures? And what does it mean for many of the main tools of ethics and compliance programs these days: online Codes of Conduct with online certifications; online training with online assessments; and online surveys?

I’m not lying to you—these findings trouble me. Of course, since this is an electronic communication, am I telling the truth?

What are your thoughts?

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Working through an economic 9/11

By Steve | October 08, 2008

by Steve Priest, President of Ethical Leadership Group, a Global Compliance company

The financial markets are in chaos. Employees at every level of almost every organization are anxious about their savings, worried that they might never be able to retire, and fearful that they might lose their jobs.

In short, we feel out of control. And unfortunately human beings who feel anxious, fearful, and out of control are prone to do stupid things. No matter how demonized CEOs have become as we rush to apportion blame, they need to step up and communicate to their people in this high stress time.

Click here to visit the Compliance Communicator page of our website, which includes a link to a free special edition of the newsletter with a sample message from the CEO containing the message employees need to hear in these difficult times.

In the darkness, light a candle. Come on CEOs, there is good work to do.

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Set your Tivo

By Steve | October 05, 2008

by Steve Priest, President of Ethical Leadership Group, a Global Compliance Company

I don’t usually advertise products or services on this blog—even our own great training and video products. But my good friend Jeff Kaplan has alerted me to a must see television program that is sure to be a major topic of conversation in your workplaces—at least with your colleagues.

The segment of “The Office” this Thursday is entitled “Business Ethics.” Dunder Mifflin employees take an ethics quiz and attend ethics training, among other delights.


http://www.hulu.com/watch/36734/the-office-sneak-peek-business-ethics

No, it won’t make any of us in the field look good. But if we can’t laugh at ourselves . . . .

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Does your whistleblower program offend pig farmers in Iowa?

By Steve | October 02, 2008

by Steve Priest, President of Ethical Leadership Group, a Global Compliance Company

Lynn Turner, former chief accountant at the SEC, believes that effective ethics and compliance programs need to ensure that their whistleblower program has sufficient independence. Mr. Turner’s idea of independence departs from current practice by most major firms. In a September 2008 keynote speech to over 500 ethics and compliance professionals gathered at the annual meeting of the Ethics and Compliance Officer Association, Lynn Turner said flat out that “the whistleblower system cannot report to the General Counsel. It needs to be independent—and report directly to the Audit Committee.”

Our research indicates that about half of the ethics/compliance programs in corporate America report up through the Law Department to the General Counsel. This includes the whistleblower/hotline/helpline component. Yet Mr. Turner said “Employees don’t trust it (whistleblower line) if it goes to the General Counsel.” He continued “If it (whistleblower line) doesn’t report to the Audit Committee, it is worthless.”

Lynn Turner is not the first to make this argument. It was probably made most colorfully by Senator Charles Grassley in 2003 when he was corresponding with the CEO of Tenet Healthcare about an investigation his Senate panel was about to launch. “As general counsel, Ms. Sulzbach zealously defended Tenet against claims of ethical and legal non-compliance, e.g., the April 2001 qui tam suit, while as chief compliance officer, she supposedly ensured compliance by Tenet's officers, directors and employees. It doesn't take a pig farmer from Iowa to smell the stench of conflict in that arrangement.”

It is a curious fact. Five years after Grassley, in the wake of unprecedented scrutiny on conflicts of interest within corporations, half of our top companies leave themselves open to the criticism of people like Charles Grassley and Lynn Turner.

Are you open to this criticism? Do the benefits of having legal oversee ethics and compliance outweigh the risks? If you and senior management have not had this discussion, perhaps now is the time.

If you would like my assistance or that of another experienced professional at ELG to help you assess the pros and cons in structuring your ethics and compliance program, please let me know.

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ELG was founded in 1993 and has since done work in more than 40 countries with over 25% of the Fortune 200

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This blog contains personal reflections and commentary on corporate responsibility by the consultants of Ethical Leadership Group. It is intended to communicate short, timely items of interest to our clients and colleagues. We look forward to your comments. Please visit our Ethics and Compliance Blog for more general ethics and compliance issues.

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Published Writings by ELG consultants

Climate Change: Tilting at Windmills - the rush on renewables
from Ethical Corporation Magazine

Hewlett-Packard and ‘pretexting’ - A rose by any other name
from the website of Ethical Corporation Magazine

Starting to ‘Get’ Responsibility
from Ethical Corporation Magazine

Invite Your Lawyers to the Corporate Responsibility Dance
from Ethical Corporation Magazine

The Anti-CSR Lobby: House of Straw
from Ethical Corporation Magazine

Making the Business Case for the Business Case
from Ethical Corporation Magazine

Ethical Reporting and the Law
from Ethical Corporation Magazine

Ethical Sourcing – Good News for Industry-wide Initiatives
from the website of Ethical Corporation Magazine

When Mars meets Venus
from Ethical Corporation Magazine

Reputation Roulette
from the website of Ethical Corporation Magazine

TXU Takeover – How Capitalism is really Turning Green
from Ethical Corporation Magazine

Published Writings quoting ELG consultants

Corporate America's Hidden Risks
by Mark Gunther, from Fortune Magazine

Win or Lose in Court
by Bill Baue, from Business Ethics magazine

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