Enron trial serves as warning to the wayward.As the trial of Enron founder Kenneth L. Lay and former president and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. Jeffrey K. Skilling progresses and high-profile witnesses like ex-finance chief Andrew Fastow Andrew Stuart Fastow (born 22 December 1961) was the chief financial officer of Enron Corporation until the U.S. Securities and Exchange Commission opened an investigation into his conduct in 2001. take the stand, their legal fate remains uncertain. But the Enron debacle is Exhibit A for an issue still roiling Corporate America: excessive, unwarranted executive compensation. Enron collapsed in spectacular failure and bankruptcy, yet during the five years between 1996 and 2000, Enron paid its top five executives--beginning with Lay and Skilling--more than $500 million. Recently, the SEC took welcome steps to force publicly traded companies publicly traded company A company whose shares of common stock are held by the public and are available for purchase by investors. The shares of publicly traded firms are bought and sold on the organized exchanges or in the over-the-counter market. to do what they should already be doing: disclose executive compensation clearly and completely. It's not enough. Our capitalistic cap·i·tal·is·tic adj. 1. Of or relating to capitalism or capitalists. 2. Favoring or practicing capitalism: a capitalistic country. system--the source of our success and strength, the best system humans have devised to deliver the most benefits to the most people--depends on trust. And these days, trust is in short supply. Enron, WorldCom, Tyco, Adelphia and other corporate implosions are extremes, but they highlight an increasingly common, amoral a·mor·al adj. 1. Not admitting of moral distinctions or judgments; neither moral nor immoral. 2. Lacking moral sensibility; not caring about right and wrong. , me-first focus among all too many of our executives: amassing personal wealth, rather than building sustainable companies. A creeping entitlement mentality has taken hold regarding pay and benefits at the top of too many of our corporations and, indeed, many non-profits and government bodies, too. This pay-and-benefits bonanza for a select few beginning to feel like cheating and self-dealing and not the fulfillment of the American Dream American dream also American Dream n. An American ideal of a happy and successful life to which all may aspire: . It is an acid destroying the fabric of our social harmony and likely to become explosive in coming years as more Baby Boomers See generation X. reach retirement without their pensions, medical benefits and inadequate savings. As a group, they may become angry citizens looking for Looking for In the context of general equities, this describing a buy interest in which a dealer is asked to offer stock, often involving a capital commitment. Antithesis of in touch with. retribution--only this time as voters or jurors rather than street protesters as they were in the 1960s. Suffice it to Say, it's doubtful Americans will look back on today's corporate leaders and write coffee-table books, "greatest generation" odes to their wisdom, sacrifice and foresight. How did we get here? Nearly 40 years of uninterrupted peace and prosperity have made our nation complacent about the ethical underpinnings of our economy and our way of life. The ruthless domination of turn-of-the-century Robber Barons Robber Barons A disparaging term dating back to the 12th century which refers to: 1) Unscrupulous feudal lords who amassed personal fortunes by using illegal and immoral business practices, such as illegally charging tolls to merchant ships that passed and stock speculations of the Roaring Twenties Roaring Twenties decade of exuberance (1920s). [Am. Hist.: Flexner, 309] See : Highspiritedness crashed into the worst economic slump in American history. And yet, out of the ashes of the Great Depression and World War II came a clear-eyed, sober generation who knew what it meant to almost lose the nation's economy and freedom. Today those ethical challenges and the painful lessons learned are, but a distant memory. We seem to have lost our way once again, forgetting that unethical conduct Behavior that falls below or violates the professional standards in a particular field. In law, this can include Attorney Misconduct or ethics violations. The standards for conduct to be observed by attorneys can be found in the Code of Professional Responsibility; members of inevitably leads to failure. Put bluntly, we have forgotten that our ability to continue being a self-governing economy and society depends squarely on our ability to follow certain clear, established rules of ethical conduct based on Judeo-Christian principles. Even as trust in American big business ebbs, many tin-eared business leaders complain about the expense and time required to comply with Sarbanes-Oxley corporate accounting rules passed in Enron's wake. The business community has only itself to blame. To avoid further laws restricting business operations Business operations are those activities involved in the running of a business for the purpose of producing value for the stakeholders. Compare business processes. The outcome of business operations is the harvesting of value from assets , companies must reform themselves. Continuing to pay CEOs and top officers like royalty Adv. 1. like royalty - in a royal manner; "they were royally treated" like kings, royally while telling the rest of the workforce to do without medical and pension benefits is akin to monarchy--and we know how the French revolution turned out for Marie "Let them eat cake" Antoinette. Left unchecked, outrageous salary and benefit inequities will provoke a backlash of some sort--perhaps draconian government solutions that damage our global competitiveness, or worse. But it doesn't have to come to that. The U.S. has a system based on trust, self-regulation and self-government that's unique in the world. In the 21st century, ethics is likely to be our key competitive advantage because a self-governing economy and society like ours can adapt with lightning speed to changing conditions. Viewed that way, the Enron trial is part of our nation's self-correcting mechanism in action. However, this trial is also a warning to any boards of directors who fail to mend their overly-generous executive compensation ways. Directors are fiduciaries who may be held accountable in the next wave of trials over corporate flame-outs like Enron. Only this time around, they may be asked to bring their own checkbooks to pay damages. There's little doubt we want to preserve and enjoy a self-governing economy and society. Let's hope directors wake up to their responsibilities and rein in executive pay before it's too late. Linnea Bernard McCord is associate professor of business law at Pepperdine University's Graziadio School of Business & Management, and is a member of the California and Texas bar associations. |
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