The Unlucky 13: Lessons Learned from Companies Caught in the Act

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"The Unlucky 13: Lessons Learned from Companies Caught in the Act" explores corporate misconduct at 13 companies and the lessons we've learned from them. You can download the complete guide at: http://i-sight.com/the-unlucky-13-lessons-learned-from-companies-caught-in-the-act/

The Unlucky 13: Lessons Learned from Companies Caught in the Act

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6 White-Collar Crime and the Business Community CRIME AND CRIMINAL PROCEDURE DISTINGUISHING FEATURES OF WHITE-COLLAR CRIME COMMON WHITE-COLLAR CRIMES PREVENTION OF WHITE-COLLAR CRIME FEDERAL LAWS USED IN THE FIGHT AGAINST WHITE-COLLAR CRIME STATE LAWS USED IN THE FIGHT AGAINST WHITE-COLLAR CRIME GLOBAL DIMENSIONS OF WHITE-COLLAR CRIME A midst the turmoil and fallout of the Enron scandal that led to the company’s declaration of bankruptcy, a number of former Enron officials faced charges for various offenses. One such official was former CEO Jeffrey Skilling, who was ultimately found guilty of 19 fraud related charges, including conspiracy, insider trading, securities fraud, and making false statements to auditors. As punishment for his misdeeds, the 52-year-old Skilling was sentenced in 2006 to 24 years and 4 months in a federal prison. In addition, he was fined $45 million, which was to be put into a fund to benefit those who had been harmed by Enron’s collapse. While servining his sentence in 2010, he won a minor victory when the U.S. Supreme Court found that instructions to the jury with respect to one of the charges were inaccurate, and threw out the conviction on that charge. The case was then sent back to the trial court judge to determine whether the inaccurate instructions regarding the one charge tainted the convictions on the other charges. In 2013, the case was finally resolved as he was resentenced to 14 years in a federal prison as part of a court ordered reduction and a separate plea agreement with the prosecution. Unfortunately, this story is just one of many recent large and complex white-collar crime scandals. During 2009, Internet crime resulted in losses in the United States of $559.7 million, more than two times as much as in 2008.1 At the end of 2008, the FBI was investigating 545 corporate fraud cases each of which involved investor losses that exceeded $1 billion.2 1’Internet Crime Complaint Center, IC3 Annual Internet Crime Report 2009; retrieved May 10, 2010, from National White Collar Crime Center, http://www.nw3c.org/research/site_files.cfm?fileid=dl991bea-8a22-4e54-82f5-678d4d83581a&mode=r. 2Federal Bureau of Investigation, Financial Crimes Report to the Public Fiscal Year 2008; retrieved May 10, 2010, from http://www.fbi.gov/publications/financial/fcs_report2008/financial_crime2008.htm#health 135 136 The Coalition Against Insurance Fraud reports that insurance fraud costs Americans more than $80 billion per year.3 White-collar crimes—crimes committed in a commercial context—occur every day. Collectively, these crimes often result in millions of dollars of damages. In recent years, as corporate crimes such as the ones detailed in Exhibit 6-1 become more publicized, people’s attitudes toward corporations and white-collar crime are being affected. 3Coalition Against Insurance Fraud, “Consumer Information,” http://www.insurancefraud.org/fraud_backgrounder.htm, May 10, 2010 EXHIBIT 6-.

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Chapter Six White-Collar Crime and the Business Community Amidst the turmoil and fallout of the Enron scandal that led to the company’s declaration of bankruptcy, a number of former Enron officials faced charges for various offenses. One such official was former CEO Jeffrey Skilling, who was ultimately found guilty of 19 fraud related charges, including conspiracy, insider trading, securities fraud, and making false statements to auditors. As punishment for his misdeeds, the 52-year-old Skilling was sentenced in 2006 to 24 years and 4 months in a federal prison. In addition, he was fined $45 million, which was to be put into a fund to benefit those who had been harmed by Enron’s collapse. While serving his sentence in 2010, he won a minor victory when the U.S. Supreme Court found that instructions to the jury with respect to one of the charges were inaccurate, and threw out the conviction on that charge. The case was then sent back to the trial court judge to determine whether the inaccurate instructions regarding the one charge tainted the convictions on the other charges. In 2013, the case was finally resolved as he was resentenced to 14 years in a federal prison as part of a court ordered reduction and a separate plea agreement with the prosecution. Unfortunately, this story is just one of many recent large and complex white-collar crime scandals. During 2009, Internet crime resulted in losses in the United States of $559.7 million, more than two times as much as in 2008.1 At the end of 2008, the FBI was investigating 545 corporate fraud cases each of which involved investor losses that exceeded $1 billion.2 The Coalition Against Insurance Fraud reports that insurance fraud costs Americans more than $80 billion per year.3 1 Internet Crime Complaint Center, IC3 Annual Internet Crime Report 2009; retrieved May 10, 2010, from National White Collar Crime Center, http://www.nw3c.org/research/site_files .cfm?fileid=d1991bea-8a22-4e54-82f5-678d4d83581a&mode=r. 2 Federal Bureau of Investigation, Financial Crimes Report to the Public Fiscal Year 2008; retrieved May 10, 2010, from http://www.fbi.gov/publications/financial/fcs_report2008/financial_crime_2008.htm#health. 3 Coalition Against Insurance Fraud, “Consumer Information.” Accessed May 10, 2010 at http://www .insurancefraud.org/fraud_backgrounder.htm. White-collar crimes—crimes committed in a commercial context—occur every day. Collectively, these crimes often result in millions of dollars of damages. In recent years, as corporate crimes such as the ones detailed in Exhibit 6-1 Allen Stanford. Sentence: 110 years Allen Stanford, 63, was a Texan financier accused of running a $7 billion Ponzi scheme. He had investors invest billions of dollars into his bank, and then spent the money on private jets, yachts, and acres of undeveloped Antiguan land among other expenditures. In December 2008, Stanford International Bank had $88 million in cash, but it fudged its numbers to say it had $1 billion in.

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The Criminalization of American Business What do Bank of America, Citigroup, JPMorgan Chase, and Goldman Sachs have in common? All paid hefty fines for purportedly misleading investors about mortgage-backed securities. In fact, these companies paid the government a total of $50 billion in fines. The payments were made in lieu of criminal prosecutions. Today, several hundred thousand federal rules that apply to businesses carry some form of criminal penalty. That is in addition to more than four thousand federal laws, many of which carry criminal sanctions for their violation. From 2000 to 2019, about 3,200 corporations either were convicted or pleaded guilty to violating federal statutes or rules. Criminal Convictions The first successful criminal conviction in a federal court against a company—the New York Central and Hudson River Railroad—was upheld by the Supreme Court in 1909 (the violation: cutting prices). Many other successful convictions followed. One landmark case developed the aggregation test , now called the Doctrine of Collective Knowledge. This test aggregates the omissions and acts of two or more persons in a corporation, thereby constructing an actus reus and a mens rea out of the conduct and knowledge of several individuals. Not all government attempts at applying criminal law to corporations survive. Courts have sometimes found insufficient evidence to show that a company acted with specific intent to commit a crime. Often, however, companies choose to reach settlement agreements with the government rather than fight criminal indictments. Many Pay Substantial Fines in Lieu of Prosecution More than four hundred corporations reached so-called non-prosecution agreements with the government from 2000 to the beginning of 2019. These agreements typically involve multimillion- or multibillion-dollar fines. This number does not include fines paid to the Environmental Protection Agency or to the Fish and Wildlife Service. According to law professors Margaret Lemos and Max Minzner, “Public enforcers often seek large monetary awards for self-interested reasons divorced from the public interest and deterrents. The incentives are strongest when enforcement agencies are permitted to retain all or some of the proceeds of enforcement.” Questions Presented 1)Why might a corporation’s managers agree to pay a large fine rather than to be indicted and proceed to trial? 2)How does a manager determine the optimal amount of legal research to undertake to prevent her or his company from violating the many thousands of federal regulations? .

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The modern workplace should be an inclusive and welcoming environment for all employees but that isn’t always the case. In fact, systemic inequality is the norm for a vast number of workplaces throughout North America, Europe and beyond. And while the BLM and MeToo movements have received much media attention, the underlying factors that contribute to the inequality they point out aren’t always addressed. Implicit, or unconscious, bias is the root of many systemic inequities in the workplace. It’s important that we recognize our personal biases, take action to mitigate them and actively serve as an ally to others. On June 10, join Catherine Mattice-Zundel, president of Civility Partners, a training and consulting firm focused on helping organizations build positive workplace cultures, as she outlines strategies for uncovering and reducing implicit bias in workplace decision-making. The webinar will cover: ● The origins of bias and four different types of bias ● Risk factors that increase our likelihood to engage in bias ● How to compensate for and attempt to overcome bias through clear and tangible actions ● Strategies to combat microaggressions and other exclusive behaviors using simple, tried and true intervention methods

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How to recognize and minimize unconscious bias in the workplace

How to recognize and minimize unconscious bias in the workplace

Whether you are investigating fraud, harassment or other misconduct, solid online research skills can serve you well. The internet is a valuable resource for finding information and evidence to support your case, and it’s important to stay up to date on its use and limitations. Join Cynthia Hetherington, investigation expert, trainer and founder of Hetherington Group, as she explores techniques and tools for getting the information you need online.

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In a 2019 Monster survey, 90 per cent of employees said they had experienced bullying in the workplace. The Pew Research Center reports that 69 per cent of women say they have been sexually harassed in a professional setting. These numbers point to a serious problem that leaders can’t afford to ignore. Policies and training are, of course, critical to the prevention of bullying and harassment, but there are other avenues that you may not have considered. Diversity and inclusion have benefits that go far beyond compliance. Not only do companies that embrace diversity and inclusion outperform those that don’t, but understanding, accepting and valuing differences ensures a fairer, more collaborative environment with less conflict. Join Catherine Mattice-Zundel, president of Civility Partners, a training and consulting firm focused on helping organizations build positive workplace cultures, as she explores strategies for using diversity and inclusion to prevent harassment and bullying. The webinar will cover: What constitutes bullying and harassment in the workplace Best practices for addressing and preventing bullying and harassment How diversity and inclusion helps to reduce bullying and harassment How to achieve diversity and inclusion Case studies of how bullying, inequities and harassment tie together, and how resolving one requires resolving all

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“I never would have imagined”, said the company owner, manager, colleague, or workplace friend. It is hard to reconcile that people would engage in fraudulent behavior in the workplace, let alone the depth of these schemes. Financial misconduct and internal fraud are among the biggest threats to today’s organizations. Without the right controls and prevention measures in place, companies are at financial and reputational risk. Join financial crime compliance advisory and training specialist Michael Schidlow, as he reviews recent cases of internal fraud, what we can learn from them, and controls that companies can put in place to prevent fraud

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Insider Threat: Cases and Controls to Prevent Internal Fraud and Prevention

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It’s long been clear that organizations with strong ethical cultures perform better than those without. In addition to the multitude of positive impacts a strong ethical culture provides, these organizations will also typically experience less fraud and misconduct. However, to achieve maximum results, a strong ethical culture must focus on accountability and include robust fraud prevention measures. Ethical accountability takes time and effort to build, but the rewards of fostering the right culture in an organization are measurable. Fewer fraud incidents, for example, can be demonstrated by hard numbers. A strong code of conduct is a great start, but it’s critical to have a comprehensive ethics program that fosters accountability. Join Joseph Agins, CFE, CCEP, adjunct professor and fraud expert, as he outlines strategies organizations can use to ensure every employee from the C-Suite down has the tools they need to help them make ethical decisions and prevent fraud. The webinar will cover: The importance of tone from the top Identifying the pressures employees face and thus the ethics and fraud risks Understanding the resources employees have (or not) to report wrongdoing Whether the internal imagining of the culture matches the reality Developing tools and strategies for fostering ethics in the workplace Anti-fraud measures that should be incorporated into every ethics policy Encouraging ethics and accountability

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