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Free enterprise is everyone's responsibility. (Perspective).


When Enron collapsed, lawmakers and watch-dog agencies wanted to examine issues such as security fraud, accounting irregularities, and handling of the company's employee 401(k) plans. But the bigger concern about Enron was whether its situation was an isolated incident or evidence of systemic failure that might threaten the most basic requirement of our economic system: corporate credibility.

Now that question seems to be answered by almost weekly announcements of questionable management and, in some cases, possible illegal practices by highly educated, networked, placed, valued, and compensated corporate executives. Cleverly named firms such as Global Crossing, Qwest, Adelphia, ImClone Systems ImClone Systems Incorporated (NASDAQ: IMCL) is a biopharmaceutical company dedicated to developing biologic medicines in the area of oncology. It was founded in 1984 and is headquartered in New York City. It is traded on the NASDAQ stock exchange under the symbol IMCL. , and World-Coin lead the list in an evolving crisis--and perhaps a defining moment for our nation.

But if this issue is so important, why is it only our government and its agencies that shall investigate and attempt to correct what went wrong with these companies and our system?

A piece of the responsibility

America's founding fathers, seeking new freedoms and a better way of life, created the free enterprise system that underpins more than our commerce--it is our way of life. But such a free system comes with a great measure of personal responsibility. Everyone who touched Enron, WorldCom, and other such companies shares a piece of that responsibility.

Enron's former chairman 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. , Kenneth Lay Kenneth Lee "Ken" Lay (April 15, 1942 – July 5, 2006) was an American businessman, best known for his role in the widely-reported corruption scandal that led to the downfall of Enron Corporation. , and WorldCom's former CEO, Bernard Ebbers Bernard John "Bernie" Ebbers (born August 27, 1941 in Edmonton, Alberta), is a Canadian-born businessman. He co-founded the telecommunications company WorldCom and is a former chief executive officer of that company. , had been highly involved in their companies for years--surely sufficient time to thoroughly understand the strengths and weaknesses of their organizations. Why no earlier warnings from the top?

And if such leaders couldn't--or didn't want to--blow the whistle, what about their key financial staff? Could they not fathom fath·om  
n. Abbr. fth. or fm.
A unit of length equal to 6 feet (1.83 meters), used principally in the measurement and specification of marine depths.

tr.v.
 their employers' problems--or were they the problem?

And why did Arthur Andersen For the U.S. Supreme Court case commonly known as Arthur Andersen, see .
Arthur Andersen LLP, based in Chicago, was once one of the "Big Five" accounting firms (the other four are PricewaterhouseCoopers, Deloitte Touche Tohmatsu, Ernst & Young and KPMG), performing
, Enron's outside auditing firm, wait until early November to notify the Enron board of directors of possible illegal acts? Similarly, how could Andersen certified public accountants Certified Public Accountant (CPA)

An accountant who has met certain standards, including experience, age, and licensing, and passed exams in a particular state.
 (CPAs) spend any reasonable amount of time at WorldCom, auditing its books and speaking to key staff members, and not discover such basic fraud as the reclassification Reclassification

The process of changing the class of mutual funds once certain requirements have been met. These requirements are generally placed on load mutual funds. Reclassification is not considered to be a taxable event.
 of expenses as capital investments to show inflated profits?

And if all these people dropped the ball, what about the companies' boards of directors? Where was their oversight? They have an absolute fiduciary responsibility to shareholders, not to mention to our free enterprise system.

If we cannot depend on highly placed people, what about other employees who dealt with accounts payables and receivables, reviewed sales reports, and saw what was delivered and what wasn't? Didn't anyone know that something was wrong? Is not the silent subordinate just as responsible as the defrauding executive?

Outside the company, what about those highly paid, cuff-linked executives from Wall Street who can predict a company's earnings per share almost to the penny? Where were they when we really needed them?

The financial press also let us down. As recently as October 2001, Money published the fatal Enron-buy recommendation of Janus fund manager Blaine Rollins. As Enron's largest shareholder, did Janus really believe that Enron was ". . . still posting 20-30 percent earning growth," as Rollins told Money only days before everything collapsed? We must ask again, where was everybody--especially these so-called experts so many of us depend on? How could all of these well-intentioned boards; auditors; and long-standing and dedicated employees, stockbrokers, analysts, the financial press, and others miss the signs that big problems were in these companies' futures?

The financial ripples go well beyond lost jobs, decimated pension savings accounts Savings Account

A deposit account intended for funds that are expected to stay in for the short term. A savings account offers lower returns than the market rates.

Notes:
, and evaporated evaporated

reduced in volume by evaporation; concentrated to a denser form.
 stock portfolios. This series of debacles has had a secondary impact on thousands of investors, many of whom did not even realize that they had holdings in such companies as part of their mutual funds.

While we speculate as to whether the people involved in the day-to-day operations were incredibly stupid or intentionally deceitful, the real question is: Why didn't our system protect or, at a minimum, warn the public? And, have we reached the point at which only federal regulators can be trusted with this responsibility?

Doing our part

Legal penalties imposed on corporate officers found guilty of illegal practices are not enough. And, as we have seen, such executives are probably less likely to go to jail or stay in jail as long as someone who steals a beat-up '88 Chevy. I say that we all bear some responsibility to protect and reinforce our free enterprise system. Even modest but visible and symbolic actions can convey that we, as participants in and beneficiaries of the free enterprise system, don't like what has happened and will not let off the hook those responsible.

For example, if the chamber of commerce membership department is inclined to merely continue to send out the annual dues invoice to a member proven guilty of fraud, why not encourage the local or national chamber board to contact the wayward way·ward  
adj.
1. Given to or marked by willful, often perverse deviation from what is desired, expected, or required in order to gratify one's own impulses or inclinations. See Synonyms at unruly.

2.
 corporation and ask why the company membership should not be suspended or cancelled? What about trade association memberships--will they be handled similarly? And are there lawyers and CPAs who are as outraged as I am who will ask their professional society why the CPAs and attorneys involved in these matters should not deserve to lose their professional licensure licensure
(lī´snsh
?

At the same time that many people are demanding the heads of such officers, are executive headhunters already promoting them to someone else? Or, as a matter of policy, will the Russell Reynolds Associates, Spencer Stuarts, and Korn/Ferrys of the world refuse to help place these abruptly unemployed senior executives until all is clearly understood?

And should these people be allowed, now and in the future, to sit on other corporate or public boards?

At many country clubs, if you don't wear a collared shirt, play too slow, or take a big divot without replacing it, you can be severely reprimanded, regardless of who you are. But what happens when the same executive takes a big divot out of our business community's confidence with conduct representing something less than good-faith dealings?

In most police departments, good officers feel honor bound to report colleagues who violate the code of conduct. Don't we, as the men and women who benefit from our free enterprise system, have a similar obligation to show our displeasure and object in any reasonable way we can when we see a company or its officers violating the written and unwritten LAW, UNWRITTEN, or lex non scripta. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs.  rules of business?

The responsibility for the front-line defense of our free enterprise system rests with us-businesspeople--not with government agencies. We must audit and sanction sanction, in law and ethics, any inducement to individuals or groups to follow or refrain from following a particular course of conduct. All societies impose sanctions on their members in order to encourage approved behavior.  our own. The free enterprise system and our way of life are too important to ask for anything less.

Michael R. Losey, CAE (1) (Computer-Aided Engineering) Software that analyzes designs which have been created in the computer or that have been created elsewhere and entered into the computer. , senior professional in human resources Professional in Human Resources (PHR) is an industry certification for people working in the human resources profession. The certification, awarded by the Human Resource Certification Institute (HRCI), signifies that individuals possess the theoretical knowledge and practical , is an executive consultant and retired president and CEO of the Society for Human Resource Management This article or section is written like an .
Please help [ rewrite this article] from a neutral point of view.
Mark blatant advertising for , using .
, Alexandria, Virginia Alexandria is an independent city in the Commonwealth of Virginia. As of the 2000 census, the city had a total population of 128,284. Located along the Western bank of the Potomac River, Alexandria is approximately 6 miles (9.6 kilometers) south of downtown Washington, DC. . E-mail: mlosey@mikelosey.com.
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Author:Losey, Michael R.
Publication:Association Management
Article Type:Column
Geographic Code:1USA
Date:Oct 1, 2002
Words:1123
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