2.99 See Answer

Question: On a fateful day in 2001, a


On a fateful day in 2001, a GM engineer realized during preproduction testing of the Saturn Ion that there was a defect that caused the small car’s engine to stall with- out warning.1 This switch was approved in 2002 by an engineer, Raymond DiGeorgio, who said he knew the switch was substandard, but “he did not think it could endanger lives.”2 The defect—that would allow the switch to disengage when a heavy key- chain was jiggled by a knee or a pothole— was discovered again when the Chevrolet Cobalt replaced the Chevrolet Cavalier in 2004,3 but GM apparently did not realize the full significance of the problem until late 20134—that the defect would disable the car’s power-assisted steering, brakes, and airbags, and over 150 people would die as a result. How could this happen at one of the world’s largest carmakers?
When the engine stops in a car equipped with power steering and brakes, the driver suddenly has to exert almost superhuman strength to turn the car or to stop it, and the airbags may not work. When a moving car stalls without warning, the driver instantly finds that she or he is driving the equivalent of a block of concrete on wheels. Even if the driver is not stunned by the transition, the direction of the car and its speed often cannot be controlled by a person of normal strength. Even abnormal strength cannot activate airbags if they are electronically enabled, which GM’s were. The driver and passengers usually just have to go wherever the car is headed without the protection of brakes and airbags. No wonder many people died or were injured.
In March 2005, GM rejected fixing the ignition switch because “it would be too costly and take too long.”5 Instead, GM sent a bulletin to its dealers warning that the ignition switch could fail when “the driver is short and has a large and/or heavy key chain … the customer should be advised of this potential and should … [remove] unessential items from their key chain.”6 Later estimates would place the cost of the fix at 57 cents per switch.7
However, a GM engineer, Raymond DiGeorgio, did redesign the switch in 2006, but did not change the part number, which was “very unusual” 8 and against GM policy.9 Nor did he tell any- one.10 The redesigned switch apparently solved the problem in some cars built after 2006, but since the part number was not changed, National Highway Traffic Safety Association (NHTSA) investigators in 2007 and 2010 did not discover the link between the faulty switch and the crashes and deaths.11 Later, in 2016, GM admitted that these redesigned switches still didn’t meet their minimum standards so cars produced between 2008-2011 were also defective.12
By the time the subprime lending crisis became a reality in 2007–2008, GM was in financial difficulty and was in need of a bail- out, as were some other auto makers, to pre- serve the jobs of their employees as well as those of their suppliers. Part of GM’s recovery plan involved it going into bankruptcy, and emerging as a “new” GM to allow it to shed it liabilities as at June 1, 2009, including some of the liabilities to people injured due to the faulty ignition switches.13
When the full fury of the public and out- raged lawmakers surfaced in 2014, the GM Board of Directors commissioned a report by Anton R. Valukas, who had earlier been called upon to investigate the Enron scandal. His 325 page report, dated May 29, 2014, provides many details about the individuals and processes involved in this tragedy.14 One of the observations made concerned GM’s method for dealing with difficult issues like the faulty ignition switch. He reported:
While GM heard over and over from various quarters including custom- ers, dealers, the press, and their own
employees—that the car’s ignition switch led to moving stalls, group after group, committee after committee with GM that reviewed the issue failed to take action, or acted too slowly. Although everyone had responsibility to fix the problem, nobody took responsibility. It was an example of what one top executive described as the “GM nod,” when everyone nods in agreement to a proposed plan of action, but then leaves the room and does nothing.
In January 2014, Mary Barra became the CEO of GM. She learned of the faulty ignition switch on January 31, 2014. Since that time, she has had to steer GM through the crisis, the lawsuits, the public hearings, and the recall of millions of cars. Even with the 2008 bankruptcy, GM faced lawsuits of approximately $1 billion15 and refit costs of hundreds of millions of dollars, not to mention dealing with the loss of reputation and future sales. For her role in leading the company in 2014, Mary was paid a “base salary of $1.6m, and granted stock awards worth more than $13.7m that she cannot cash in for several years.”16
Questions
1. Why didn’t GM act effectively on suspicions that their ignition switches were faulty?
2. Who was at fault for the deaths and injuries involved, and why?
3. Should a company be able to escape liability for harming individuals by declaring bankruptcy?
4. Should any GM personnel go to jail over the ignition switch failures? If so, whom.
5. Would you trust GM enough to buy one of their cars in the future?
6. Was Mary Barra paid enough for the job she was required to do?


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> Dennis Kozlowski was a dominant, larger-than-life CEO of Tyco International, Ltd, a multi-billion-dollar company whose shares are still traded on the New York Stock Exchange (Symbol: TYC). His stature was huge, and his appetite for excess knew no bounds.

> On June 20, 2005, “John Rigas, the 80-year old founder of Adelphia Communications Corp., was … sentenced to 15 years in prison and his son Timothy, the ex-finance chief, got 20 years for looting the com- pany and lying about its finances.”1 These were th

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> Employee stock options allow company executives to buy shares of their company at a specified price during a specified time period. They are given to executives as a form of noncash compensation. The option or “strike price” is normally equal to the mark

> Pierre Garvey, the CEO of Revel Information Technology, sat back in his chair and looked at his assistants. He frowned. “My son has been diagnosed with MLD,” he said. They all looked at him with shock. “Its proper name is metachromatic leuko dystrophy, a

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> Tiger Woods, once probably the world’s greatest golfer, lost his number one ranking in October 2010, the same year that his marriage to Elin Nordegren blew up when she chased him out of the house and broke the windows of his vehicle with a 9 iron. His po

> In January 2006, the chair of Hewlett-Packard (HP), Patricia Dunn, hired a team of independent electronic-security experts to determine the source of leaked confidential details regarding HP’s long-term strategy. In September 2006, the press revealed tha

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> One of the world’s largest oil spills began on April 20, 2010, in BP’s Deepwater Hori- zon/Macondo well in the Gulf of Mexico. Although the world did not take significant notice until the next day, an estimated 62,000

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> Should executives and directors be sent to jail for the acts of their corporation's employees?

> Why didn’t some corporations protect women employees from sexual abuse before 2017–2019?

> How can corporations ensure that their employees behave ethically?

> Why is it important for the clients of professional accountants to be ethical?

> Why might ethical corporate behavior lead to higher profitability?

> On any given day, a bank may have either a surplus or a deficiency of cash. When this occurs, banks tend to lend to and borrow from other banks at a negotiated rate of interest. These interbank loans could be as short as one day and as long as several mo

> What could professional accountants have done to prevent the development of the credibility gap and the expectations gap?

> Why are we more concerned now than our parents were about fair treatment of employees?

> Why have concerns over pollution become so important for management and directors?

> Should organizations that have a risk-taking culture, such as the one developed by Stan O’Neil at Merrill Lynch, enjoy the gains and suffer the losses, without recourse to government bailouts?

> Should the CEOs who refused to have their firms invest in mortgage-backed securities in the early years because the risks were too great receive bonuses in the latter years because their firms did not incur any mortgage-backed security losses? How would

> Should CEOs who made large bonuses by having their firms invest in mortgage-backed securities in the early years have to repay those bonuses in the later years when the firm records losses on those same securities?

> The government bailout of the financial community included taking an equity interest in publicly traded companies such as American International Group (AIG). Is it right for the government to become an investor in publicly traded companies?

> How much should the exiting CEOs of Fannie Mae and Freddie Mac have received when they were replaced in September 2008?

> Identify and explain five examples where executives or directors faced moral hazards and did not deal with them ethically.

> How could ethical considerations improve unbridled self-interest in ethical decision making?

> Wal-Mart has a brand image that triggers strong reactions in North America, particularly from people whose businesses have been damaged by the company’s over- powering competition with low prices and vast selection and by those who value the small-busine

> How could increased regulation improve the exercise of unbridled self-interest in decision making?

> What were the three most important ethical failures that contributed to the subprime lending fiasco?

> Does the Dodd-Frank Act go far enough, or are some important issues not addressed?

> Should members and executives in investment firms be forced to be members of a profession with entrance exams and with adherence to a professional code such as is the case for professional accountants or lawyers?

> Given that the marketplace for securities is global, and that the risks involved can affect people worldwide, should there be a global regulatory regime to protect investors? If so, should it be based on the regulations of one country? Should enforcement

> The global economic crisis was caused by the meltdown in the U.S. housing market. Should the U.S. government bear some of the responsibility of bailing out the economies of all countries that were harmed by this crisis?

> Are the criticisms that mark-to-market (M2M) accounting rules contributed to the economic crisis valid?

> How much and in which ways did unbridled self-interest contribute to the subprime lending crisis?

> What would you list as the five most important ethical guidelines for dealing with North American employees?

> Do professional accountants have the expertise to audit corporate social performance reports?

> Bernie Madoff perpetrated the world’s largest Ponzi scheme,1 in which investors were initially estimated to have lost up to $65 billion. Essentially, investors were promised—and some received—returns

> Why should a corporation make use of a comprehensive framework for considering, managing and reporting corporate social performance? How should they do so?

> Descriptive commentary about corporate social performance is sometimes included in annual reports. Is this indicative of good performance, or is it just window dressing? How can the credibility of such commentary be enhanced?

> How could a corporation utilize stakeholder analysis to formulate strategies?

> Corporate reporting to stakeholders other than shareholders has exploded. Why is this? Can stakeholders really make good use of all the information now available?

> How will the U.S. external auditor’s mindset change in order to discharge the duties contemplated by SAS 99 on finding fraud?

> If a corporation’s governance process does not involve ethics risk management, what unfortunate consequences might befall a corporation?

> Why should ethical decision making be incorporated into crisis management?

> If a company is to be sentenced for paying bribes 10 years ago, should the company be banned from all government contracts for 10 years, just made to pay a fine, or both? Consider the impacts on all stakeholder groups, including current and past sharehol

> What would you advise that corporations do to recognize the new worldwide reach of antibribery enforcement related to the FCPA and the U.K. Bribery Act?

> How would you advise your company’s personnel to act with regard to expectations of guanxi in China?

> This case presents, with additional information, the WorldCom saga included in this chapter. Questions specific to WorldCom activities are located at the end of the case. WorldCom Lights the Fire WorldCom, Inc., the second-largest U.S. telecommunications

> The #MeToo Movement has finally succeeded in getting women’s allegations of sexual abuse to be taken seriously by management and boards of directors. Why did it take so long for this tipping point to be reached?

> What should a North American company do in a foreign country where women are regarded as secondary to men and are not allowed to negotiate contracts or undertake senior corporate positions?

> Should a North American corporation operating abroad respect each foreign culture encountered, or insist that all employees and agents follow only one corporate culture?

> Is trust really important—can’t employees work effectively for someone they are afraid of or at least where there is some “creative tension”?

> In what ways do ethics risk and opportunity management, as described in this chapter, go beyond the scope of traditional risk management?

> Why is maintaining the confidentiality of client or employer matters essential to the effectiveness of the audit or accountant relationship?

> Which would you chose as the key idea for ethical behavior in the accounting profession: “Protect the public interest” or “Protect the credibility of the profession”? Why?

> When should an accountant place his or her duty to the public ahead of his or her duty to a client or employer?

> Why are most of the ethical decisions accountants face complex rather than straightforward?

> What is meant by the term "fiduciary relationship"?

> Once the largest professional services firm in the world and arguably the most respected, Arthur Andersen LLP (AA) has disappeared. The Big 5 accounting firms are now the Big 4. Why did this happen? How did it happen? What are the lessons to be learned?

> Answer the seven questions in the opening section of this chapter.

2.99

See Answer