Former “Basket Case” SEC Lawyer Gary Aguirre Receives $755,000 from Agency

Gary Aguirre, a former SEC lawyer, was right, the agency was wrong, and he has had the last word.  In 2005, Mr. Aguirre tried to get the agency to move on Pequot Capital Management for insider trading in Microsoft stock.  The agency refused to “go after the big fish,” and Mr. Aguirre was suddenly a non-performer.  He was  portrayed as a gadfly, a “basket case,” and then fired for insubordination. Continue reading

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“So much has happened since then. He didn’t know what an iPad was.” Ron Rosenbluth, Tov Pizza owner who has hired Jack Abramoff who was released from prison on June 9, 2010 after serving 4 years of a six-year sentence for conspiracy to bribe and other crimes related to his work as a DC lobbyist. Mr. Abramoff’s job is to drum up business.

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Dell: Intel Redux and Intel Trouble

Some years ago, Intel poo-pooed the protests of a math professor who complained that once you got past a certain number of digits in your calculations the Intel chip resulted in incorrect answers.  Intel hemmed and hawed and initially allowed replacements only for those who could show that they really did the math.  Intel eventually had to make good on all the chips and even its employees’ internal newsletter did a parody of the company’s lame initial response.  Enter Dell.

Recently revealed court records show that the math department at the University of Texas at Austin complained to Dell Continue reading

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Billions in Cash Leave Afghanistan

Cash is flowing out of Afghanistan – about $10 million per day (that’s $3.65 billion) – and it ends up in the hands of terrorist groups.  The irony is that a good portion of the cash comes from U.S. reconstruction efforts in the country.  There are currently 223 corruption investigation pending with 106 centering on bribery and conflicts of interests in the awarding of the contracts for reconstruction, 73 involving procurement fraud, and 35 involving theft.  Investigations are up, but so also in the outflow of cash.  Hospitals are not rebuilt, roads are not reconstructed, and a country that has been through 3 decades of war cannot get back on its feet.  If we could just get the money past the pilferers to the projects . . .   Corruption benefits the few at the expense of many.

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The Congressmen Who Bet Against the U.S.

Here’s some good news on the faith our elected representatives have in our markets:  Several members of congress and/or their spouses positioned themselves short in the market.  Their bets, by buying call options in 2008, were that the value of the stocks would go down.  They were correct, of course, and they made money as a result.  At least one of the representatives positioned himself short in a defense contractor and he sits on the Senate appropriations committee.  You can talk yourself blue explaining that financial advisers make these decisions, no laws were broken, . . . , but, somehow it just doesn’t seem right.

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Selective Introspection and “Leave It to Beaver”

In celebration of the release of the 234 episodes of “Leave It to Beaver,” the New York Times highlighted one of the show’s strengths:  lessons in ethics.  The show, which ran from 1957 through 1963, was a charmer. Beaver Cleaver showed us the challenges of doing the right thing.  In the first episode Beaver and his older brother Wally are shown leaning over a bathtub, dressed in their pajamas, swirling their hands in the water as the tub is filling. Beaver is worried because he has a note from his teacher and has not yet worked up the “guts” Continue reading

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“Everyone is entitled to his own opinion, but not his own facts.” the late Senator Daniel Patrick Moynihan

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The Docs of Innards: Is It Cheating To Pass Along Memorized Questions From Exams?

The American Board of Internal Medicine (ABIM) has taken some sort of disciplinary action against 140 docs who cheated on their ABIM certification exams. In a lawsuit that the ABIM had filed previously against Arora Board Review, a company that does exam review courses for certification, the discovery process yielded information that proved to be more damaging for the docs than for Arora.[1]  The documents in the now-settled case included e-mails and other correspondence from the docs to Arora.[2]  The e-mails and correspondence revealed that the docs knew many of the questions Continue reading

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On Graciousness and Ethics

By now all that can be said about umpire Jim Joyce and his bad call that cost Detroit Tigers’ pitcher Armando Galarraga his perfect game has been said.  The Barometer knows little about baseball and even less about what constitutes a perfect game.  But, there was graciousness to Mr. Joyce’s admission that he blew the first-base call and a magnanimity to Mr. Galarraga’s acceptance that rules are rules and the ump’s decision stands.  GM gave Mr. Galarraga a Chevrolet Corvette for his grace.  The Barometer gives both Joyce and Galarraga a shout-out for demonstrating that contention, disputes, and litigation are but temporary fixes Continue reading

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There Is Always a Precursor: The Wal-Mart Internal Report

The Seven Signs of Ethical Collapse documents the phenomenon of the precursor in companies that find themselves in legal and ethical difficulty.  The precursor can be a lawsuit that is dismissed, a regulatory agency investigation that finds nothing, an employee warning that is poo-pooed, or an internal report.  When a business is rolling along doing just fine on the profit side of things, these precursors are ignored too frequently.  Bad decision to ignore these rumblings.  Wal-Mart has been living through the fall-out of failure to act when a precursor hits. Continue reading

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The Truth Comes Out About the Gymnast

During the 2000 Olympics the gymnasts were yipping about Dong Fangxiao, a member of the Chinese women’s team.  Their yipping boiled down to, “There’s no way she is 16!” The yipping was ignored because her birth date was allegedly verified as January 20, 1983.  Fast forward 8 years later for a big oops!   Continue reading

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The SEC and Porn

Over the past five years, 33 SEC employees viewed pornographic materials on either or both their desktop computers or laptops. Seventeen of the 33 were senior SEC employees who earned between $99,000 and $222,000 per year. The employees have been disciplined, including suspensions and terminations. One senior enforcement attorney was devoting a full 8 hours per day to viewing porn. Little wonder that a few Ponzi schemes passed them by. One accountant was denied access to a porn site 16,000 times by a government firewall.  Persistence is a virtue in many areas, but . . .

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The Pharma Fines for Off-Label Marketing Round-Up

Here’s the tally of fines for the past year for illegal marketing of drugs:

AstraZeneca                       $520 million                                                                    Seroquel

Pfizer                                   $2.3 billion          ($1.3 billion criminal)                      Bextra

Eli Lilly                                 $1.9 billion          ($515 million criminal)                    Zyprexa

Bristol-Myers Squibb        $515 million                                                                        Abilify

Johnson & Johnson           $81 million                                                                           Topamax

 

Illegal marketing means that the companies were touting the drugs Continue reading

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Justice and Pilfering: Curbing Employee Theft

In tough economic times, employers keep a closer eye on expenses.  They watch that bottom line and they cut out office parties, employee discounts, and other perks.  In tough economic times, employees steal more from their employers.  They do so because they lost their parties, discounts, and perks.  Worse, it is the most trusted employees who bump up those travel expenses just a bit and pocket office supplies for use at home.  What does the pilferer look like?  According to a Price Waterhouse study:

Average length of employment:     7.5 years

Average age:                                           Between the ages of 31 and 40

Gender                                                       88% male

Education                                                 38% hold a college degree

                                                                      12% hold a postgraduate degree

Monitoring does not do the trick.  About 20% of companies are doing more audits of employee expenses and office supply inventory. Another 17% are adding security measures, including monitoring.  However, emphasizingthe code of conduct, integrity, and honesty do have a substantial impact.  We all need the reminders. And we seem to be deterred when we are given that nudge toward ethics.

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