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The Enron Scandal and the Neglect

of Management Integrity Capacity


Joseph A. Petrick, Wright State University
Robert F. Scherer, Cleveland State University

Abstract
The nature, value, and neglect of integrity capacity by
managers and the adverse impacts that Enron executive To control fraud by focusing on only
one dimension, such as more effective
practices have had on a range of stakeholders are delin-
deterrent punishments, is like trying to
eated. An explanation is given on how moral competence put out a skyscraper fire with a garden
in management practice is addressed by each dimension hose.
of the management integrity capacity construct (process,
judgment, development, and system) and how Enron
executive practices eroded each dimension. Specifically
addressed is how behavioral and moral complexity can
be utilized to balance the competing values of manage- motives including perceived lack of effective deterrent
ment and ethics theories to reduce the likelihood of future punishment and rationalization of acceptability of illegal
Enron-like managerial malpractice. Finally, three positive activity (Albrecht and Searcy 2001). To control fraud by
action steps are recommended to improve managerial in- focusing on only one dimension, such as more effective
tegrity capacity and remedies are proposed for victimized deterrent punishments, is like trying to put out a sky-
Enron stakeholders. scraper fire with a garden hose. In addition, people harbor
myths, such as organizations cannot proactively detect or
prevent fraud, which only result in disempowered resig-
Introduction nation to the inevitability of corruption and more future
Corporate managers are expected to maximize inves- Enrons (Albrecht and Searcy 2001).
tor returns while complying with regulatory standards, The focus of this article, however, is on understand-
avoiding principal-agent conflicts of interest, and enhanc- ing the complex, interdependent moral roots that embed
ing the reputational capital of their firms (Useem 1996; the multiple motives for Enron legal malfeasance and to
Whitman 1999). The recent arrests and resignations of top provide more than a moral garden hose to address these
U.S. managers, however, indicate an increasing level of issues. Simplistic inspirational exhortations to do the right
managerial negligence and corporate irresponsibility on thing, recommendations to impulsively follow what feels
Main Street and on Wall Street that has eroded domestic comfortable at the time, window-dressing organizational
and global trust in U.S. markets (Elliott and Schroth 2002; codes of conduct, or appeals to ad hoc abstract moral
Mitchell 2002). The U.S. stock market volatility has added theories are unlikely to provide practical guidance to
to the political pressure to bring 1930s-style regulatory re- today’s managers in the responsible analysis and resolu-
form to businesses (Lorenzetti 2002). Corporate irrespon- tion of urgent moral and/or legal issues (Badaracco 1997).
sibility in the Enron scandal, for example, has provoked What is needed is an interdependent moral and legal
multiple lawsuits and unprecedented outrage from a range framework that discloses the complex roots of inappro-
of stakeholders with demands for democratizing structures priate managerial decisions and provides comprehensive
of corporate power, improving managerial accountability, practical remedies to reduce the likelihood of “Enronitis”
and legislating regulatory reform (Cruver 2002; Fusaro and future white-collar crimes. Such a structured frame-
and Miller 2002; Swartz and Watkins 2002). work and set of remedies are presented through discus-
The Enron scandal involves both illegal and unethical sion centered around the following issues: the neglect of
activity and the courts of law will determine the precise integrity capacity by managers, Enron executive practices
extent of civil and criminal liability that accrues to the that led to stakeholder harms, and recommendations for
perpetrators (Verschoor 2002; Fusaro and Miller 2002). improving managerial integrity capacity in light of the
People commit fraud, for instance, for a wide range of Enron scandal.

37
Petrick and Scherer

The Neglect of Integrity Capacity by Managers ity neglect by managers justifies the need to focus on the
The neglect of managerial integrity capacity is at the guidance offered by the construct of integrity capacity in
moral root of Enron’s legal and financial problems. What the Enron scandal.
is legally permissible today, but morally questionable,
may well become legally proscribed tomorrow. Thus, it is
important for managers to proactively understand and at- Enron Executive Practices and Stakeholder
tend to the multiple dimensions and moral antecedents of Betrayals
illegal activity (Paine 1994). Integrity capacity is the in- In December, 2001 Enron, the seventh largest U.S.
dividual and collective capability for the repeated process corporation, collapsed and produced the second largest
alignment of moral awareness, deliberation, character, and corporate bankruptcy to date in U.S. history (Cruver 2002;
conduct that demonstrates balanced judgment, enhances Fusaro and Miller 2002). More than ten Congressional
ongoing moral development, and promotes supportive committees are currently pursuing inquiries, over thirty
systems for moral decision making (Petrick and Quinn Enron-related bills have been introduced to address the
2000). It is one key intangible asset that acts as a catalyst scandal-related problems, and the full extent of collateral
for reputational capital and its erosion can jeopardize damage to a wide range of Enron stakeholders is yet to be
the survival and credibility of organizations and markets determined.
(Petrick, Scherer, Brodzinski, Quinn, and Ainina 1999). While the definitive account of the Enron scandal is yet
The spectacle of top Enron executives “pleading the Fifth” to be written, some key elements are clear. First, rising
in Congressional hearings about managerial immoral and stars like former Enron CEO Jeffrey K. Skilling and ex-
illegal conduct is a vivid example of the consequences of Enron CFO Andrew S. Fastow created and implemented
the neglect of individual and organizational integrity ca- business ideas that led to major problems, which could
pacity (Cruver 2002; Swartz and Watkins 2002). Further- not be legally or ethically fixed, resulting in their downfall
more, the frantic effort of Arthur Andersen, LLP, one of (Fusaro and Miller 2002). Second, among the big ideas
Enron’s critical stakeholders whose integrity capacity and was the creation of an “asset light” company by applying
reputation were shattered by their unprofessional auditing Enron’s trading and risk management skills to power plants
services, to stem the tide of fleeing clients while negoti- and other facilities owned by “asset heavy” outsiders.
ating with other “Big Five” accounting fi rms for sale of To maintain a high credit rating and raise capital, Enron
parts of its business, is another dramatic example of the relocated many of its assets off the balance sheet into com-
costs of integrity capacity neglect (Toffler and Reingold plex off-the-book partnerships or Special Purpose Entities
2003). (SPEs). The problem with this big idea was that some SPEs
Managers and organizations with high integrity capac- required Enron to kick in stock if its rating and stock price
ity are likely to exhibit a coherent unity of purpose and fell below a certain point. In fact, Enron was left holding a
action in the face of accountability pressures rather than financial liability of over $5 billion in debt. When its stock
resort to moral evasions or other forms of irresponsible and asset values began declining, Enron was immediately
managerial decision-making (Petrick and Quinn 2000). vulnerable to financial overextension (Cruver 2002). Third,
Managers and organizations with low integrity capacity another big idea was the expansion of Enron’s energy trad-
(those that do not walk the talk in the process of daily ing expertise into a wide array of new commodities to spur
transactions, those that exercise poor or distorted judg- earnings growth – everything from paper goods to metals
ment in policy formulation, those that never morally to telecommunication broadband capacity (Swartz and
mature beyond manipulative acquisitiveness and domina- Watkins 2002). The problem was that Enron tried to do too
tion rituals, and those that refrain from enacting support- much, too fast, with little or no return (Fusaro and Miller
ive contexts for sound moral decision making) erode their 2002). Enron invested $1.2 billion in fiber-optic capaci-
reputational capital and engender management distrust ties and trading facilities, but the telecommunications
and stakeholder wrath (Sejersted 1996). broadband market collapsed. Furthermore, it could never
Many managers implicitly adopt the myth that the top generate adequate profits from energy trading in markets,
management interest is always synonymous with corpo- such as metals, to cover the billion dollar mistakes (Cruver
rate success and public welfare (Mokhiber and Weissman 2002). In effect, people, processes, policies and principles
1999). Since fifty-one of the world’s largest economies are that aided and implemented the rush to financial growth at
corporations, many corporate executives are often not held any cost all contributed to the Enron scandal.
accountable for betrayal of multiple stakeholder interests; A partial identification of Enron stakeholders and the
they expect aristocratic privileges without accountability business practices that betrayed their interests are provided
(Kelly 2001). By succumbing to greed in secretly exercis- in Part 1 of the Appendix. Part 1 consists of sixteen stake-
ing stock options and to dishonesty in falsely reporting the holder groups divided into primary stakeholders, secondary
performance reality of the fi rm to other stakeholders, top stakeholders, and tertiary stakeholders, along with specific
Enron managers abandoned the basic standards of pro- Enron business practices that led to major stakeholder
cess integrity capacity. The exposure of integrity capac- moral harms.

38 Mid-American Journal of Business, Vol. 18, No. 1


Petrick and Scherer

These multiple stakeholder damages can be viewed as


In effect, people, processes, policies and the result of serious lapses in the four dimensions of manage-
principles that aided and implemented ment integrity capacity–process, judgment, development,
the rush to financial growth at any cost and system as indicated in Part II of the Appendix. Under-
all contributed to the Enron scandal. standing and correcting these lapses provides a structured
way to address the moral roots of current stakeholder
remedies and reduce the likelihood of future Enrons.

The Enron scandal’s adverse moral impact on the pri-


mary stakeholders is evident in Part I. Enron’s top manag- Process Integrity Capacity and Enron
ers chose stakeholder deception and short-term financial Process integrity capacity is the alignment of individ-
gains for themselves, which destroyed their personal ual and collective moral awareness, deliberation, charac-
and business reputations and their social standing. They ter, and conduct on a sustained basis so that reputational
all risk criminal and civil prosecution that could lead to capital results (Petrick and Quinn 2000; Rest, Narvaez,
imprisonment and/or bankruptcy. (Board members were Bebeau, and Thoma 1999). The need to address lapses in
similarly negligent by failing to provide sufficient over- process integrity capacity is manifest by the routine frag-
sight and restraint to top management excesses, thereby mentation of managerial moral attention and behavior that
further harming investor and public interests (Senate arouses stakeholder concern about the moral hypocrisy of
Subcommittee 2002). Individual and institutional investors management practices (e.g., Enron top managers tout their
lost millions of dollars because they were misinformed public relations images as responsible corporate citizens
about the firm’s financial performance reality through while defrauding investors and employees and secretly
questionable accounting practices (Lorenzetti 2002). lining their own pockets with diverted funds) (Brunsson
Employees were deceived about the firm’s actual financial 1989; Messick and Bazerman 1996).
condition and deprived of the freedom to diversify their While it is unlikely that Enron executives failed to per-
retirement portfolios; they had to stand by helplessly while ceive the relevant moral issues, it is clear that they were
their retirement savings evaporated at the same time that not sensitive to them. They appeared to be erroneously
top managers cashed in on their lucrative stock options and overly confident of their initial distorted perceptions
(Jacobius and Anand 2001). The government was also of morally acceptable business conduct, and when chal-
harmed because America’s political tradition of chartering lenged, as Fastow was regarding the appropriateness of
only corporations that serve the public good was violated his financial structures, retaliated against accusers and
by an utter lack of economic democratic protections from sought information in ways that confirmed what they
the massive public stakeholder harms caused by aristocrat- already believed (Messick and Bazerman 1996). Since top
ic abuses of power that benefited a select wealthy elite. management and board members ignored whistleblower
The Enron scandal also harmed secondary and tertiary feedback, they became morally blind, deaf, and mute,
stakeholders. For example, Enron top managers pressured thereby diminishing their capacity for ethical awareness
Arthur Andersen to certify maximum-risk, question- and eventual strategic responsiveness—for which they are
able accounting practices in part to retain their lucrative held morally accountable (Cavanagh and Moberg 1999;
consulting business and, by acceding to this pressure, Swartz and Watkins 2002).
Arthur Andersen won huge contracts in the short run but Moral deliberation, the second component of process
ultimately lost their professional credibility and client base integrity, is the capacity to engage in the critical and
(Toffler and Reingold 2003). A parallel process occurred comprehensive appraisal of causal factors and recognized
in the legal profession when Enron managerial pressure moral options to arrive at a balanced and inclusive reason-
on Vinson and Elkins to legally condone investor and able decision/resolution/policy that provides a standard for
employee fraud prevailed. Again, Citigroup, J.P. Morgan, future determinations (Petrick and Quinn 1997). The deci-
and Merrill Lynch made over $200 million in fees from sion making style of the Skilling-Fastow-Kopper circle
deals that helped Enron and other energy firms boost cash demonstrated a tendency to suppress all but one aspect of
flow and hide debt, and, by failing to exercise their own a moral decision, i.e., its short term financial impact, and
adequate due diligence, they multiplied the harm done to to exclude other parameters that might inhibit decisive ac-
other stakeholders. The industry’s reputation, furthermore, tion or constrain executive perks (Messick and Bazerman
was tarnished by Enron’s aggressive market leadership 1996). Enron managers and board members, who poorly
practices, the taxpaying public incurred additional shift- analyzed and resolved moral conflicts of interest through
ing risk to eventually cover bankruptcy collateral damage, self-centered policies also ignored or trivialized the harm
and ultimately America’s stature as a model of democratic caused to other stakeholders. For their diminished capacity
capitalist practices was replaced by fear of the global for balanced moral deliberation Enron managers are held
export of Enron-like corporate irresponsibility and crony morally accountable (Fusaro and Miller 2002; Swartz and
capitalism (Mitchell 2002; Sirgy 2002). Watkins 2002).

Mid-American Journal of Business, Vol. 18, No. 1 39


Petrick and Scherer

Moral character, the third component of process integ- lems incur the same adverse consequences as managers
rity, is the individual and collective capacity to be ready to that cannot handle behavioral complexity (i.e., offended
act ethically. The greed, dishonesty, arrogance, selfishness, individuals, neglected opportunities, eroded trust, and
cowardice, hypocrisy, disrespect, and injustice that char- corrupt environments). Enron executives, greedily pursued
acterized top Enron executives’ intentions discloses their short-term economic returns while manipulating the rules
culpable motives and the corrupting workplace culture of their industry, ignoring the negative morale impacts of
they created (Sennett 1998). The overemphasis on per- their bad example. They exhibited poor moral judgment
sonal financial gain at the expense of others destroyed any when they were callously indifferent or ruthlessly hostile
remnant of employee trust. The visionless accumulation to contextual constraints.
of rapid wealth exposed the absence of leadership wisdom The narrow focus on financially elite results by Enron
and the deliberate obfuscation of financial structures to executives, particularly Lay, Skilling, Fastow, and Kopper,
preclude a fair picture of the financial health of the firm resulted in tragic consequences. Their evasion of regula-
eroded their characters; they de-humanized themselves tory rules, their corrupting abuse of power and use of po-
and others with whom they interacted. The lack of the litical influence, their suspension of organizational moral
political virtue of citizenship is particularly damaging to code and elimination of extra-organizational guidelines,
internal and external character cultivation (Logsdon and victimized many innocent stakeholders (Fusaro and
Wood 2002). Miller 2002).
Moral conduct, the fourth component of process integ-
rity, is the individual and collective carrying out of justifi-
able actions on a sustained basis. Managers that exhibit Developmental Integrity Capacity and Enron
ethical conduct develop a reputation for dependability and Developmental integrity capacity according to Logsdon
alignment of moral rhetoric and reality but the duplicitous and Yuthas (1997) and Rest et al. (1999) is the cognitive
exploitation of employee retirement savings exposed the improvement of individual and collective moral reasoning
cruel behavioral hypocrisy of top Enron executives (Cru- capabilities. Moral reasoning moves from preconventional
ver 2002). self-interested regard (collective connivance) through a
stage of conforming to external conventional standards
(collective compliance), and finally, to a stage of post-
Judgment Integrity Capacity and Enron conventional commitment to universal ethical principles
Managers can attempt to evade full moral accountabil- (collective integrity).
ity by compartmentalizing and fragmenting their handling Collective connivance is a molar stage of moral devel-
of management and ethics issues. One way to address opment characterized by the use of direct force and indi-
this evasion is to enhance judgment integrity capacity, rect manipulation to determine moral standards. According
the capability of analyzing complete moral results, rules, to Sejersted (1996) managers who sustain this stage of
character, and context in management practices (Petrick collective moral development are either issuing threats
and Quinn 2000). The way Enron executives manage of force (e.g., “Get it done now or else”) or developing
implicitly commits them to certain ethics theories, and exclusively exploitative relationships based on mutual
just as simplistic, distorted managerial judgments produce manipulation (e.g., “What’s in it for me”? and “Forget the
poor results in handling behavioral complexity, so also others.”). Collective compliance is the intermediate molar
do simplistic, distorted ethical judgments produce poor stage of moral development characterized by the use of
results in handling moral complexity (Paine 1994; Petrick popular conformity to work processes and adherence to
and Quinn 2000). externally imposed standards. Managers who sustain this
For business leaders and their firms, exhibiting judg- stage of collective moral development are either admon-
ment integrity means being held accountable for achieving ishing employees to secure peer approval by “getting
good outcomes (results-oriented teleological ethics), by with the program” or commanding them to comply with
following the right standards (rule-oriented deontological organizational hierarchy and externally imposed regula-
ethics), while strengthening the motivation for excellence tions. Collective commitment is the highest molar stage of
(character-oriented virtue ethics), and building an ethically moral development characterized by the use of democratic
supportive environment within and outside the organiza- participation and internalized, principled regard for other
tion (context-oriented system development ethics). Al- stakeholders as a basis for determining moral standards
though all four theories of ethics (teleological, deontologi- (Petrick and Quinn 1997). Managers who sustain this
cal, virtues, and system development) can be isolated, the stage of collective moral development are either surveying
main point is that all four theories are necessary to fully democratic majority trends or responding to the question,
analyze and resolve moral conflicts. “What principled system is worth multiple stakeholders’
Business leaders that overemphasize or underemphasize ongoing participation and commitment?”
good results, right means, virtuous character, and morally The literature on organizational ethical climate assess-
supportive contexts when facing morally complex prob- ment and development is crucial to understanding how

40 Mid-American Journal of Business, Vol. 18, No. 1


Petrick and Scherer

morally underdeveloped organizations facilitate unethi-


cal and illegal activity (Trevino, Butterfield, and McCabe …the moral infrastructure at Enron was too
1998; Dickson, Smith, Grojean, and Ehrhart 2001). The weak to constrain a culture that supported
ethical climate of organizations at different levels has rampant immoral and illegal activity.
been demonstrated to influence process and judgment
dimensions of integrity capacity (Wimbush, Shepard, and
Markham 1997; Barnett and Varcys 2000). Organizations that install a compliance-based system with
With respect to Enron’s developmental integrity capac- whistleblower protection and uniform enforcement of
ity, the Senate Subcommittee Report on the role of the company code violations invest in this ethical risk man-
Board of Directors in Enron’s collapse concluded that agement technique to minimize potential financial losses
the firm had developed a pervasive culture of deception in the event of illegal activity (LeClair et al. 1998). The
(Senate Subcommittee 2002). As such it was designed integrity-directed approach entails processes for internal-
and operating at the level of connivance. CEO Lay used izing organizational system moral improvement through
direct force to fire any possible successor with whom he regular organizational ethics needs self-assessments, eth-
disagreed and either he or other top Enron managers used ics measures in all business functions, and benchmarked
indirect force to deceive and manipulate employees and disclosures in annual audits (Petrick and Quinn 2001).
other stakeholders for top executive advantage. Whatever The fact that Enron executives engaged in illegal activities
standard operating procedures were developed at the level and overrode their own organizational code of ethics with
of conformance were honored only to the extent that they impunity indicated that the moral infrastructure at Enron
did not infringe upon executive perks or interfere with top was too weak to constrain a culture that supported rampant
executives exercising a type of feudal control over internal immoral and illegal activity.
subjects. When external compliance threatened to restrict In addition to the intra-organizational system, the extra-
Enron corporate prerogatives, aggressive tactics to reduce organizational system needs to be shaped by managers.
or eliminate regulatory standards were routinely em- Managers can comply with and proactively foster regula-
ployed. The extent and degree to which illegal non-com- tory standards to eliminate or control corruption outside
pliance was the cultural norm at Enron will be determined the organization and support those domestic and inter-
in the courts. Enron did not reach the commitment level; national groups that do likewise. Managers can support
it never democratized its power structures so that employ- harsher penalties for white-collar criminals and tougher,
ee and community input could shape strategic direction or fraud-detection professional association accounting stan-
restrain executive perks. For all intents and purposes, the dards. Managers can partner with industry, public, and
work culture of Enron was that of a moral jungle where nonprofit organizations to enhance stakeholder relations
abuse of power dominated principled economic democrat- in an economically democratic manner rather than only
ic norms; it was a moral powder keg ready to explode. focusing on ruthless means to extend market leadership.
Enron executives, using campaign contributions and
aggressive political lobbying to affect industry deregula-
System Integrity Capacity and Enron tion, limit liability, and minimize reporting; corrupted
System integrity capacity is the alignment of organiza- rather than cultivated a morally supportive external envi-
tional infrastructure and extra-organizational environment ronment (Cruver 2002). Unlike other business scandals
to provide a supportive context for sound moral decision that involved managers who ran beneath the government
making (Driscoll and Hoffman 2000; Petrick and Quinn radar for unacceptable business conduct, Enron executives
2000). Managerial system accountability today is deter- worked to eliminate any government radar stations that
mined by the extent to which leaders continually im- could warn and regulate unacceptable business conduct
prove the organization’s moral infrastructure and work to (Swartz and Watkins 2002). Their brazen undermining of
improve the external organizational environment, so that system integrity indicates the need for extensive reform
moral performance can be realistically sustained (LeClair, and multiple stakeholder remedies that strengthen the
Ferrell, and Fraedrich 1998). moral environment and enhance the prospects of stake-
At the organizational level, one of the key system deci- holder economic democracy.
sions is whether to focus on a compliance-directed system
or an integrity-directed system (Petrick and Quinn 2000).
Although both systems can be complementary, world- Recommendations for Improving Managerial
class managers are expected to design and adhere to moral Integrity Capacity
codes that ensure a supportive intra-organizational context If managers cannot afford to neglect integrity capacity
(barrel) for enhancing individual (apples) process, judg- as an important management strategic asset, the follow-
ment, and developmental integrity capacity. One guide- ing three practices can serve as proposed remedies. These
line for building a compliance-based system is the U.S. remedies are recommended for improving the moral
Federal Sentencing Guidelines for Organizations (FSGO). resources of managers. First, the more aware managers

Mid-American Journal of Business, Vol. 18, No. 1 41


Petrick and Scherer

and other stakeholders are of the nature and importance and democratic participation in corporate governance
of integrity capacity as a strategic asset, the more likely it during the “Information Age” that are often precluded
is that they can cooperate in nurturing it and avoid the ad- and devalued in conventional accounting and financial
verse effects to its stakeholders of integrity capacity ne- documents (Mokhiber and Weissman 1999; Petrick 1998;
glect (Petrick and Quinn 2001). By gaining competence Petrick and Scherer 2000). Practice III is based on stake-
in the conscious, balanced integration of management holder economic democracy in corporate governance.
and ethics approaches, managers can hold themselves and
other stakeholders accountable for principled decisions Practice III: Expand the scope of managerial fiducia-
that inclusively and systematically address moral results, ry duties to include institutionalized stakeholder
rules, character, and context. Thus, Practice I deals with democratic participation in corporate gover-
managerial and organizational learning. nance.

Practice I: Provide education for managers to in- Given these three practices to improve moral resources
crease awareness of the importance of (a) sustain- and ethical decision making within the organization,
ing process and developmental integrity capacity Part III of the Appendix provides some possible remedies
as a strategic management asset and (b) of ac- for current and future victimized Enron stakeholders.
countability for developing judgment integrity by
balancing management and ethics competencies.
Conclusion
Second, in addition to reformed U.S. accounting and The nature, value, and neglect of integrity capacity
financial reporting standards, the social and environmen- by managers and the adverse impacts that Enron execu-
tal accounting literature (SEAL) is now sufficiently well tive practices had on a range of stakeholders have been
developed in Great Britain, continental Europe, and Aus- delineated. An explanation was provided about how moral
tralasia to generate auditing and reporting mechanisms competence in management practice is addressed by each
that are responsive to changing patterns of stakeholder dimension of management integrity capacity (process,
accountability (Lehman 1999). The Shell Report 2000, judgment, development, and system) and how Enron
for example, is available online. This report compre- executive practices eroded each dimension. Specifically, it
hensively documents the economic, social, and environ- was discussed how behavioral and moral complexity can
mental performance of the Royal Dutch/Shell Group of be addressed through balancing the competing values of
Companies, and acknowledges areas for environmental management and ethics theories to prevent future En-
improvement in Shell holdings in Nigeria. The transpar- ron-like managerial malpractice. Finally, three positive
ency of this process of deepening stakeholder relation- action steps to improve managerial integrity capacity and
ships around core financial, as well as non-financial, proposed remedies for victimized Enron stakeholders were
values enhances the moral credibility and reputational recommended. While it is impossible to guarantee that
capital of the manager and the firm. It is just this broader Enron-like disasters will not occur in the future, the three
sense of managerial context accountability that is entailed positive practices and the proposed remedies are one way
in system integrity capacity as a management strategic to reduce the likelihood of their occurrence. n
asset. Practice II is based on accountability.
Practice II: Expand the scope of managerial account-
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About the Authors
ME: Common Courage Press.
Paine, L. 1994. Managing for organizational integrity. Harvard
Joseph A. Petrick is Professor of Management in the Raj
Business Review (Mar.-Apr.):106-107.
Soin College of Business and Administration at Wright State
Petrick, J.A. 1998. Building organizational integrity and quality
University in Dayton, Ohio. His research interests include mana-
with the four Ps: Perspectives, paradigms, processes, and
gerial and organizational ethics, corporate governance, quality
principles. In M. Schminke, Ed., Managerial ethics: Moral
management, and international management.
management of people and processes. Mahwah, NJ: Law-
rence Erlbaum Publishers.
Robert F. Scherer is Professor of Management and Dean in
Petrick, J.A. and J.F. Quinn. 1997. Management ethics: Integrity
the James J. Nance College of Business Administration at Cleve-
at work. Thousand Oaks, CA: Sage Publications.
land State University in Cleveland, Ohio. His research interests
Petrick, J.A. and J.F. Quinn. 2000. The integrity capacity con-
include international management, organizational ethics, gender
struct and moral progress in business. Journal of Business
issues in the workplace, managerial communication, and occu-
Ethics 23(1):3-18.
pational stress and coping.
Petrick, J.A. and J.F. Quinn. 2001. The challenge of leadership
accountability for integrity capacity as a strategic asset.
Journal of Business Ethics 34(3-4):331-343.
Petrick, J.A. and R.F. Scherer. 2000. Global leadership, capac-
ity for judgment integrity, and acculturized organizational
knowledge. Performance Improvement Quarterly 13(2):34.
Petrick, J.A., R.F. Scherer, J.D. Brodzinski, J.F. Quinn, and
M.F. Ainina. 1999. Global leadership skills and reputational
capital: Intangible resources for sustainable competitive

Mid-American Journal of Business, Vol. 18, No. 1 43


Petrick and Scherer

Appendix – Integrity Capacity


Part I: The Case of Enron: Moral Harm and Prevention Remedies

Primary
Stakeholders Enron Business Practices Major Stakeholder Moral Harms

Dishonestly concealed debt and overstated earnings


Character erosion due to vices of dishonesty, greed,
Abused power to gain wealth through advanced sale of stock arrogance, selfishness, cowardice, hypocrisy, and
while other primary critical stakeholders later suffered due indifference
to nondisclosure of accurate performance results
Top Management Loss of business and social standing
Limited fiduciary duty to increasing wealth of investors
Risk fines, bankruptcy and imprisonment
Created and sustained a work culture that rewarded financial
results at any cost, pushed moral limits, and became a moral Even well-intentioned employees were inhibited from
cesspool doing the right thing

Hid debt and falsely enhanced profits through secret, non- Huge financial losses for institutional and individual
transparent, off-the-book partnerships or Special Purpose investors
Investors Entities (SPEs) Loss of individual investor trust in the stock market
Institutional investors passively accepted the Enron investor Loss of foreign capital credibility in U.S. markets due to
relations “story” crony capitalism

Violation of moral right to accurate and timely stock


information
Required that employees buy and hold Enron shares in
Devalued economic democratic participation in corporate
retirement savings accounts to sustain losses while top governance; employee whistleblower ignored
executives were allowed to sell shares for profit
Employees Violation of freedom to diversify retirement funds
Ignored fellow employee whistleblowing and turned a Lifetime pensions lost
blind eye to malfeasance while the value of their retirement
Injustice occurred due to disproportional harm inflicted
portfolios rose
on loyal employees
Disrespect for the contribution of labor to firm success

Risks increase in violence to redress grievances or secure


Used campaign contributions and lobbying influence to remedies from lower socioeconomic groups
enable government deregulation, limited liability, and minimal
reporting requirements that abetted stakeholder victimization Eroded public trust in government protection from busi-
Government ness abuse of power
Unfair enablement of powerful private interests over the
public interest Eroded credibility of regulatory standards and their
enforcement

Charged higher prices due to near monopoly control of energy- Price gouging that unfairly deprived West Coast and
Customers
traded resources which led to loss of customer loyalty other customers of market alternatives

Knew about and could have prevented risky financial practices


but did nothing
Abdicated substantive corporate oversight responsibilities Eroded respect for corporate board governance with pos-
and provided ineffective audit control and ethics system sible exposure to criminal and civil litigation
coordination
Board of Directors Lack of majority of independent directors who exercised Devalued the important role of corporate oversight and
capable oversight of auditing processes economic democratic participation in corporate gover-
nance
Did not democratize structures of power but primarily rubber-
stamped executive hierarchy decisions
Acquiesced to managerial malfeasance that injured all
Participated in interlocking Board of Directors’ activities and stakeholders
remained relatively silent about executive accountability

Secondary
Stakeholders Enron Business Practices Major Stakeholder Moral Harms

Caving into pressures out of fear of losing consulting


business
Pressuring Arthur Andersen, LLP to use questionable account-
External Auditing Collapse of professional character trait of independence
ing practices exacerbating auditor conflicts of interest, condon-
Services by Certified ing of off-balance sheet financing, and facilitating managerial and concern for the public good
Public Accounts fraud Becoming an accomplice in the obstruction of justice by
document shredding
(Part I continued on following page)

44 Mid-American Journal of Business, Vol. 18, No. 1


Petrick and Scherer

Appendix – Integrity Capacity


Part I: The Case of Enron: Moral Harm and Prevention Remedies (continued)

Primary
Stakeholders Enron Business Practices Major Stakeholder Moral Harms

Persisting in conflicts of interest in auditing and consulting


services that harm public trust
Risk limitations on auditors' consulting work
Loss of current and future clients

External Auditing Pressuring Arthur Andersen, LLP to use questionable account- Loss of professional service reputation and credibility
ing practices exacerbating auditor conflicts of interest, condon-
Services by Certified Risk of demise of the firm, bankruptcy and/or hostile
ing of off-balance sheet financing, and facilitating managerial
Public Accounts fraud takeover
Being disrespectfully manipulated into becoming an ac-
complice to a violation of market and public trust
Provoke creation of government board to oversee cor-
porate audits and discipline auditors in the accounting
profession

Collapse of professional character trait of independence


and concern for the public good
Caving into pressures out of fear of losing business
Loss of professional service reputation through violation
External Legal Pressuring Vinson and Elkins to use questionable legal of client contractual moral right to accurate and timely
Services by Members practices exacerbating the legal condoning of investor professional legal services
of the Bar and employee fraud and loss of firm reputational capital
Delegitimizes stakeholder, especially employee, role in
corporate governance
Being disrespectfully manipulated into becoming an ac-
complice to a violation of market and public trust

Loss of business reputation for inadequate due diligence


Pressured financial suppliers like Citigroup, J.P. Morgan Increased risk of future civil litigation
Chase, and Merrill Lynch to boost cash flow and hide debt to
Creditors/Suppliers deceive others about Enron's creditworthiness Unjust, disproportionate harm to trusting creditors and
suppliers
Deceived credit rating agencies about reality of firm financial
Caving into pressures out of fear of lost business
performance
Eroded credibility of credit rating agencies and U.S. finan-
cial markets due to perception of crony capitalism

Abrupt loss of jobs and retirement savings lead to broken


families and enduring social ills
Tormented former corporate vice chairman commits sui-
Community Community relations policy led to destruction of social capital cide to add to family and social losses
and Society through bankruptcy, layoffs, and abuse of top management
Externalizes the costs of emotional, social, and health
power
damages onto society
Erosion of community trust and expansion of community
cynical resentment

Tertiary
Stakeholders Enron Business Practices Major Stakeholder Moral Harms

Aggressive promotion of private business interests that ignore Risk of tax increases and/or existing public resources allo-
Taxpaying Public the public interest and concerns about appropriate government cated to picking up the pieces of industry sector negligence
regulation to protect the public and shifted risk for taxpayers and malfeasance
to cover bankruptcy collateral damage

Media relations policy of systematic deception regarding the Erosion of media credibility in early detection and dis-
Media financial condition, accounting practices, and executive abuse semination of business corruption
of power

(Part I continued on following page)

Mid-American Journal of Business, Vol. 18, No. 1 45


Petrick and Scherer

Appendix – Integrity Capacity


Part I: The Case of Enron: Moral Harm and Prevention Remedies (continued)

Tertiary
Stakeholders Enron Business Practices Major Stakeholder Moral Harms
Media relations policy of systematic deception regarding the Erosion of media credibility in early detection and
Media financial condition, accounting practices, and executive abuse dissemination of business corruption
of power

Forced law-abiding competition out of the industry


Engaged in questionable industry tactics based on unconstrained
entrepreneurial zeal to achieve and sustain industry market Withholding critical censure and trying to prevent gov-
Industry Groups ernment remedies by aggressive, self-serving practices
leadership
Tainted the reputation of the entire industry

Eroded professional and public respect for U.S. business


and professional practices
Inadequate professional leadership in developing
uniform accounting, finance, and legal standards and
Professional Ignored or trivialized compliance with managerial, accounting, practices
Associations financial, and legal professional standards
Increased insurance costs to cover business and profes-
sional liabilities
Inadequate professional leadership in designing new
economic democracy structures of organizational power
and governance

Reckless focus on short-term executive self-interest ignored Bankruptcy caused loss of philanthropic donations
NGOs interests of non-profit organizations for improvements in mana-
gerial accountability and the need for special contributions to Widespread victimization of innocent parties
the general welfare of humans and nature

Eroded global trust in deregulated markets and U.S.


Engendered fear that crony capitalism and Enron-type corporate
managers to contribute to a better world where growth
Global Citizens irresponsibility will be America’s newest and most powerful and equity should prevail
export imposed on them under the rhetoric of free trade and
globalization Loss of funds by volatile stock markets

Part II: Dimensions and Components of Integrity Capacity

Dimensions of Integrity Capacity Components of Each Dimension of Integrity Capacity

Process Integrity Capacity Process Components:


• Awareness
• Deliberation
• Character
• Conduct

Judgment Integrity Capacity Judgment Components:


• Teleological ethics (results)
• Deontological ethics (rule)
• Virtue ethics (character)
• System development ethics (context)

Developmental Integrity Capacity Developmental Components:


• Connivance
• Compliance
• Commitment

System Integrity Capacity System Components:


• Intra-organizational compliance-directed system
• Intra-organizational integrity-directed system
• Extra-organizational system improvement

46 Mid-American Journal of Business, Vol. 18, No. 1


Petrick and Scherer

Appendix – Integrity Capacity


Part III: Victimized Enron Stakeholders and Proposed Remedies

Victimized Enron
Stakeholders Proposed Remedies

• Resignation from Enron


• Fine and imprison executives who lie to SEC and egregiously harm investors
• Make easier criminal prosecution of executives who destroy evidence or defraud investors and lengthen
maximum jail terms
• Ban personal loans to top executives of public companies
• Expansion of fiduciary duty to stakeholders, especially employees and community
• Public acknowledgement of moral guilt and redistribution of executive retention bonuses to Enron ex-employees
Top Management • Integrity capacity selection screening and ongoing education
• Have Ethics Officer report directly to top management
• Require CEOs and CFOs to certify accuracy of financial reports
• Prohibit executives from selling company stock during blackout periods
• Require all insiders to report all company stock trades within two days
• Require top managers to forfeit profits and bonuses when earnings are restated due to securities fraud
• Prevent officials facing fraud judgments from using bankruptcy to escape liability
• Raise the maximum penalty for securities fraud to 25 years
• Increase CEO and CFO penalties for false statements to SEC or failing to certify financial reports to a $5 million fine and
20-year prison term
• Raise maximum penalties for mail and/or wire fraud to 20 years and to 10 years for defrauding pension funds

• Improved accounting and financial reporting standards to increase transparency and accountability
• Require shareholder approval of option plans
Investors • Restrictions on SPEs and other off-the-book partnerships
• Integrity capacity ongoing training
• Lengthen statue of limitations on securities fraud to five years or two years from discovery
• Direct civil penalties from SEC enforcement authorities to accounts that benefit investors victimized by securities fraud

• Increase employee control over pension retirement funds allowing for increased and timely diversification
• Increase the security of company-sponsored retirement savings plans and increase tax advantages for employee ownership
of firms
• Increase democratization processes at work that require employees to have timely access to accurate financial information
that affects pension decisions
• Improve education programs to inform employees about investment principles and practices
• Increase democratization processes at work that require employees to have a vote in Board deliberations and in all major
Employees strategic decisions
• Integrity capacity selection screening and ongoing training
• Increase formal recognition and inclusion of the asset value of employee human capital in all accounting and financial
reporting documents
• Broaden ability of whistleblowers to sue and prove retaliation against employers
• Increase any severance payments
• Challenge the executive retention bonuses and obtain employee redistribution of funds under laws governing fraudulent
conveyance, i.e., the transfer of assets by a company without valid consideration being paid

• Boost SEC and DOJ budgets significantly


• Meaningful campaign finance reform
• Expand budget and enforcement of U.S. Federal Sentencing guidelines for organizational misconduct
• Enact stakeholders statutes rather than stockholder statutes to give boards the leeway to legally value employees and the
community in strategic oversight decisions
• Closer oversight of corporate political lobbying and accounting practices
Government • Expansion of corporate charter revocation powers for egregious corporate harm done to the public good
• Full disclosure of business-government closed-door agreements regarding public resources
• Expand SEC rule-making power on financial analyst conflict of interest
• Further restrictions on business-government revolving door influence positions
• Integrity capacity selection screening and ongoing training
• Bar law-breaking companies, those who face more than one criminal conviction or civil judgment in three years, from
government contracts
• Fully enact and enforce the Sarbanes-Oxley Act

• Increased protection from energy price gouging


Customers
• Integrity capacity training (Part III continued on following page)

Mid-American Journal of Business, Vol. 18, No. 1 47


Petrick and Scherer

Appendix – Integrity Capacity


Part III: Victimized Enron Stakeholders and Proposed Remedies (continued)

Victimized Enron
Stakeholders Proposed Remedies

• Increased independence and responsible oversight over executive decisions


• Ensure that top executive fiduciary duty extends beyond investors to stakeholder enhancement
• Increase diversity of board membership
• Ensure that top management’s commitment to ethical behavior is backed up with a comprehensive values-directed
ethical system
Board of Directors • Require that any U.S. organization have an operating compliance system in place that meets U.S. Federal Sentencing guide-
lines
• Ensure that a company’s code of conduct never be waived in policy and strategy decision making
• Exposure to criminal and civil litigation by incompetent board members who neglect both investor and public interests
• Integrity capacity selection screening and ongoing training
• Legally limit the practice of interlocking Boards of Directors

• Complete reform of conflict of interest standards, especially relating to auditing and consulting services
• Require preservation of key financial audit documents and e-mail for five years and create a 10-year felony for
destroying such documents
• Require accounting firms to rotate lead or reviewing partners from client assignments every five years
External Auditing • Prohibit auditors from offering certain types of consulting services
Services by • Create a new 20-year crime for destroying, altering, or fabricating records in federal investigations on any scheme to de-
Certified fraud investors
Public Accountants • Improve document shredding policy to preclude obstruction-of-justice charges
• Overhaul of accounting industry peer review procedures that appear to be ineffective
• Exposure to criminal and civil litigation
• Exposure to professional standards censure
• Integrity capacity selection screening and ongoing training
• Support the creation of a national and international Corporate Accountability Commission, which assigns auditors and pays
them from fees assessed on companies and expands reporting requirements beyond stockholders needs to encompass data
needed by other stakeholders

• Complete reform of conflict of interest standards, especially relating to attorney-client relations


External • Exposure to professional standards censure
Legal Services by • Legal expansion of executive fiduciary duty to include employee and community stakeholders
Members of the Bar • Exposure to criminal and civil litigation
• Integrity capacity selection screening and ongoing training

• Reform of practices and standards for determining creditworthiness


• Reform of financial analyst conflict of interest
Creditors/Suppliers • Exposure to professional standards censure
• Exposure to criminal and civil litigation
• Integrity capacity selection screening and ongoing training
• Prohibit investment firms from retaliation against analysts who criticize clients of the firm

• Enhance and render explicit standards for corporate citizenship


• Require social and environmental audit
Community • Practical guidance on how a corporation can become a “neighbor of choice” in a community
and Society • Identify stakeholder communities of interest and use benchmarks to document responsiveness improvements
• Integrity capacity ongoing training

• Tighten standards for corporate bankruptcy so that managerial irresponsibility will entail stiffer financial costs
• Pressure political representatives to serve the public interest rather than cater to corporate special interests
Taxpaying Public • Demand meaningful campaign finance reform
• Demand increased appropriate government regulation of industry and professional service practices
• Specify restrictions on corporate welfare
• Integrity capacity ongoing training

• Engage in more independent investigative reporting for the public rather than serving as another form of corporate public
relations
Media • Strengthen business investigative resources
• Integrity capacity selection screening and ongoing training (Part III continued on following page)

48 Mid-American Journal of Business, Vol. 18, No. 1


Petrick and Scherer

Appendix – Integrity Capacity


Part III: Victimized Enron Stakeholders and Proposed Remedies (continued)

Victimized Enron
Stakeholders Proposed Remedies

• Clarify and enforce existing industry standards and create new standards for acceptable business conduct
• Exert informal peer pressure on maverick corporations to abide by legal and industry standards to avoid undue
Industry Groups government regulation
• Recommend that industry organizational members have an operating compliance system in place that meets U.S.
Federal Sentencing guidelines
• Integrity capacity ongoing training

• Clarify and enforce existing professional standards and create new standards for acceptable professional conduct
• Exert professional censure on irresponsible professionals and corporations
Professional • Recommend that organizations have an operating integrity system in place that meets and exceeds the U.S. Federal Sentenc-
Associations
ing guidelines so that professionalism can flourish
• Integrity capacity ongoing training

• Form public, private, and nonprofit partnerships to facilitate growth in integrity capacity domestically and globally
• Form alliances with like-minded NGOs to strengthen the voice of reform regarding current costs of corporate management
NGOs irresponsibility, which are being externalized onto an unsuspecting public
• Integrity capacity ongoing training

• Use information technology resources to identify and disseminate facts regarding corporate irresponsibility
• Use international institutions to voice expectations and develop standards regarding responsible global corporate
Global Citizens
conduct
• Integrity capacity ongoing training

Mid-American Journal of Business, Vol. 18, No. 1 49

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