GM and the “Switch From Hell”

That’s the label the GM engineer who designed the faulty ignition switch that was first used in 2003 gave to his own baby. Oh, and when engineers learned that the ignitions were going into the off position, thereby shutting off the engine, randomly, at highway speeds, they labeled it an “issue of customer satisfaction, not safety.” Sure, it is a pesky thing to have your car stop suddenly on I-95. Being a sitting duck on a freeway whilst cars approach at 70 mph is a bit more than a “I’m not crazy about my Cobalt” type of complaint. In 2011, lawyers warned GM that it “could be accused of egregious conduct” because it was not following up on accidents, deaths, customer complaints, and continuing problems with the switches and airbag deployment. Still, no action was taken.

As amazing as these disclosures in the Anton Valukas report for GM are, what is worse are the conclusions. “Dysfunction,” “Bureaucracy,” but no “conspiracy.” CEO Mary Barra has fired 14 people and reorganized the company so that there are now reporting lines to officers regarding vehicle design and safety. Now there’s a novel idea — executives knowing what’s going on in their companies? What next? Accountability?

Mr. Valukas offered a lawyer’s report. The report threads the needle to prevent its use in product liability suits for possible punitive damages. But, by focusing on legal issues of “no conspiracy here,” the report misses the cultural issues. The report does not answer this basic question, “Why would these engineers and anyone else who was aware of the problem believe that it was okay to not fix the switches, to not follow up on root-cause analysis, and to not make the information public?” We know that they were bureaucratic. We know that they remained silent. We know that things were not fixed. We knew that before the first gumshoe headed out to gather 14 million documents from the company. What we still don’t know is why. Continue reading

Posted in News and Events | Leave a comment

“Golf is, like, way hard!”

Worried that their sports’ demographic consists of the 55 and above crowd, the movers and shakers of golf are trying to determine why those under 35 are not taking up the sport. According to the New York Times, the answer is “it takes too long to play, is too difficult to learn and has too many tiresome rules.” Ah, the trophies don’t come as easily as they did in their youth.

So, rather than devote the work, practice, and time that it takes to master a difficult sport, the young ‘uns have some solutions: There will be entry-level golf — with 15-inch holes. And then there is kickball golf — you kick the ball from hole to hole. For those who are in a hurry? Six-hole golf.

One comment from those encouraging new golf is that the changes are akin to Little League where young ‘ins are introduced through T-ball and gradually work their way up to the big leagues. Oh, and they all get trophies along the way. Even with pizza-size holes, if they miss, well, “Close enough!”

Once again, the adults lift the rules, take away the challenge, decline to demand time and effort, and wonder why they still have children living at home.

Posted in News and Events | Leave a comment

“Police Chief, Rabbi Among 71 Nabbed in Porn Bust”

Add to this headline that a Scout leader was also arrested and you wonder if it’s all made up to see if we are really reading the newspaper. That’s the front-page story from USA Today, May 22, 2014. We are losing the people we once trusted the most.

Posted in News and Events | Leave a comment

Feds Investigating New York’s Anticorruption Panel for Possible Corruption

Disbanded by Governor Andrew Cuomo on March 29, 2014, the governor-created anticorruption panel (aka the Moreland Commission), has had its records subpoenaed. The U.S. Attorney’s office has collected computers, Blackberries, documents, and PIN messages. What more need be said?

Posted in News and Events | Leave a comment

“I will tell you, my friends, I have seen this scourge of terror across the planet, and so have you. They don’t offer a health care plan, they don’t offer schools. They just tell people, ‘You have to behave the way we tell you to,’ and they will punish you if you don’t.”

U.S. Secretary of State, John Kerry, on terrorist group, Boko Harem, the group responsible for kidnapping 300 young girls because, well, they went to school. Imagine! Terrorist groups without a health plan. On the list of the Barometer’s ethical concerns about terrorist groups, not having a health plan does not a scourge make. I wonder what the secretary thinks about a group that fines those who choose not to have a health plan. Must be a different kind of behavior mandate.

Posted in Classic Quotes | Leave a comment

“If making money were a function of analysis, the whole world would be run by 28-year-old M.B.A.s. But it isn’t. It’s run by men and women who’ve got enough experience and judgment to look at all the facts and the analysis and then sit back and say, ‘Well, do I feel lucky?'”

Ron Kaplan, CEO of Trex, as quoted in the New York Times, May 4, 2014, p. BU2.

Posted in Classic Quotes | Leave a comment

“We’re going to have to create a story. Get ready to do some dancing.” Response: “What the heck. We’ll all be retired when this comes up on audit.”

E-mail exchange between PriceWaterhouseCoopers partner, Thomas E. Quinn, and PwC managing director, Steven R. Williams, on the tax strategy they had helped Caterpillar create. The strategy, which drew both IRS and congressional attention, involved shifting profits to Switzerland through transfer of Caterpillar’s parts sales to a Swiss operation. When Mr. Quinn was asked about the e-mail exchange during congressional hearings on the issue, he responded, “Senator, that was a very poor choice of words.” The hearings came about because the e-mails emerged in a lawsuit filed by a former Caterpillar tax department employee. The lawsuit was settled in 2012. What happens in e-mails never stays in e-mails.

Posted in Classic Quotes | Leave a comment

You may have crossed a few ethical lines if you are eating evidence in Grand Central Station

The three men are accused of using information from one of New York’s big merger law firms. They would trade the information at Grand Central Station and then eat the papers on which the tips of upcoming mergers were written. “These are only allegations,” offered one of the lawyers for the men. Yes, but what is the alternative explanation? A vitamin deficiency cured by wolfing down Post-it Notes in a public place?

Posted in You might have crossed a few ethical lines if . . . | Leave a comment

A Look At The MBA Mindset

A Wall Street Journalarticle on MBAs that was published last week has some disturbing quotes from newly-minted MBAs. Melissa Korn, “M.B.A.s Sour on Strings-Attached Tuition,” Wall Street Journal, March 6, 2014, p. B6. The disturbing thoughts come from MBAs whose employers have paid for their grad degrees on the condition that they return to work for at least two years after completing their degrees. If they do not return to work, the grad school money has to be repaid to the employer, plus interest. The employers thought the agreements had teeth. Oh, poor, miscalculating souls.
Many MBAs are reaching the conclusion that they can go with another firm after graduation, make more money, and repay the money, easily, because the offers they receive from other companies include salaries that make repayment of the loans painless. (This comment came from one John Picasso, a 2012 Wharton grad, who is pictured wearing a cashmere sports jacket and Ferragamo belt — think $320 — the Barometer had Judy’s belts — $7 Continue reading

Posted in News and Events | Leave a comment

“Can you find another clueless auditor?”

From a 2008 e-mail from Joel Sanders, the former CFO of Dewey & LeBoeuf, to Frank Canellas, the director of finance, about their plan to come up with $50 million in income to meet loan covenants. Mr. Sanders, Stephen DiCarmine (former executive director), Steven Davis (former chairman), and Zachary Warren (former clients relations manager) have been charged with systemic fraud because of an alleged four-year scheme to manipulate Dewey & LeBoeuf’s books to keep the firm going under during the financial crisis. Their e-mails also spoke of “fake income” and “accounting tricks.” By the way, Mr. Canella Continue reading

Posted in Classic Quotes | Leave a comment

“They are trying to put blame on students without taking blame themselves for an issue that they have known about for years.”

Leigh Wilco, a parent at Grady High School, a football power house in Atlanta, where a recent investigation revealed that 14 of the 58 players on the school’s football team used fake addresses to be able to enroll at Grady. A three-month investigation revealed the fraud used by parents to get their children into a school where athletic talent could be more visible. Some students have withdrawn, others have been asked to withdraw, and parents have received tuition bills for the years their children attended the school outside of their geographic boundaries. Yes, by all means, dear parents, blame the school and district for not catching you sooner. Criminal charges are being contemplated. By the way, the trials for 13 Atlanta teachers and administrators on racketeering charges for falsifying test scores in order to earn bonuses are about to begin. There’s something about education in Atlanta.

Posted in Classic Quotes | Leave a comment

“I made them an offer they couldn’t refuse.”

Bernie Madoff, according to testimony by his former secretary of 40 years, Annette Bongiorno, when she asked how Mr. Madoff was able to find a nursing home for her mother when she had tried for so long without success to locate a place. Ms. Bongiorno took the stand in her criminal fraud trial. She also called Bernie her “hero,” and never questioned backdating records because she trusted him. Calling Bernie her “big brother,” Ms. Bongiorno also explained that Bernie paid for her honeymoon.

Posted in Classic Quotes | Leave a comment

“Thank you, Jesus.”

Former New Orleans Mayor, Ray Nagin, when he was told by the federal judge presiding over his corruption/bribery trial that he could stand down after testifying for two days. Taking the stand did not appear to have an impact. The jury found Mr. Nagin guilty on 20 of the 21 counts brought against him. In fairness, he was acquitted of one count of bribery. Evidence showed that he accepted money, free vacation travel and truckloads of granite for Stone Age LLC, a business Nagin and his sons owned in exchange for awarding contracts to contractors in the rebuilding of New Orleans, post-Hurricane Katrina. The granite donations are a new touch in the world of government bribes. Sentencing will be forthcoming, and some of the charges carry imprisonment of up to 20 years. Course, that’s not etched in stone.

Posted in Classic Quotes | Leave a comment

Mathew Martoma, former SAC trader, found guilty on all counts on insider trading

Oh, and one thing that came out during the trial — he was the co-founder of the Society of Law and Ethics at Harvard Law School. One hopes the society still carries on because Mr. Martoma was expelled from the law school before earning his degree for altering his transcripts. How did this guy get a job in the securities industry?

Posted in News and Events | Leave a comment