Published CommPro.biz 2014.04.29

Ethics, Easy, Right? Wrong!!

Nothing to it, ethics is simple. All you have to do, is do “The Right Thing.” The problem comes when “The Right Thing” is not all that simple. It isn’t easy to speak up when your job is on the line. It isn’t even easy to speak up when a friend drops an inappropriate “F-Bomb” or worse makes an always inappropriate racist joke. A lot has to do with personality. Some are gifted with the ability to speak up in such situations. Others, who would never behave unethically, are just not able to speak out against unethical behavior. Some don’t want to alienate anyone.

And while the day-to-day situations we face are important, there are other cases where we must act; especially in the workplace. We have to act if a fellow worker is taking shortcuts that could endanger others, or just not providing service at the level promised. We have to act when we know the company is cooking the books as they did at Enron, or in the Libor scandal. When millions are being ripped off as they were when Enron manipulated energy costs. Even worse, hundreds of millions were hurt when a handful of traders manipulated Libor, impacting every entity and every person paying interest in every corner of the globe.

Some of these examples are illegal, others are unethical. Too often people fail to understand that the ethical line is drawn far from the legal line. Compliance and ethics get mashed together; corporate responsibility for ethics is given to legal counsel. Bad move, attorneys are trained to stay inside legal bounds. Some companies never learn. Hewlett Packard hired another lawyer to oversee ethics replacing Kevin Hunsaker, a lawyer who narrowly escaped jail time when he advised that a witch hunt for a Board of Directors leak was legal. It wasn’t legal and it was miles from ethical. If Hunsaker had based his advice on ethics, it would have saved all those involved worlds of trouble.

High speed trading, the practice of literally manipulating the stock markets could not be more unethical. Its practitioners dart in and out in milliseconds seeking those about to buy a stock, beating them to it and jacking up the price the buyer ultimately pays. Grandma’s pension fund and others lose. These buccaneers of our capital seas cry out that what they do is legal. At the moment so it is, however, it is far from ethical.

It is not always easy to see the ethical line and sometimes it is not easy to hew to that line. It takes practice and sometimes courage. It takes a willingness to risk everything from the loss of a friend to the loss of a career. You will likely find other friends, but you may not find another job. However, if you remain silent to keep a job, you will forever wish you had spoken out. And that job will grow heavy and seem sour every day when you cross over the threshold to your workplace.

What’s It Take? RICO?

George Lundberg, MD, a physician and medical journalist, has a fresh approach to deal with outrageous practices by the pharmaceutical companies, RICO. In an opinion piece in Med Page Today he points out that a $3 billion dollar fine Glaxo Smith Kline (GSK) has agreed to pay is probably a fraction of the profit generated by the no-nos that triggered the fine.

In published reports GSK is said to have poured huge bucks into goodies for doctors, delivered by those well-dressed attractive professionals who whisk into your doc’s office with their sample case in tow, while you wait for hours to see the doc. They have tons of neat stuff, vacations meetings in exotic locations, dinners, speaking engagements with fat fees, prime seats at entertainment events, and on, and on. Of course most of this is out of bounds according to their industry code, but GSK reportedly ignored the rules as some of the pharma giants do.

GSK is said to have used the access thus gained to promote drugs for uses outside FDA approved boundaries. Once a drug is on the market doctors aren’t limited to its approved uses; they can prescribe it for anything they choose. Pharmas take advantage of this loophole to increase sales of their drugs. GSK is said to have pushed this opening to the limits, including in one case urging docs to prescribe a drug not approved for children, teens and young adults because in clinical trials the drug had triggered a small number of this demographic to become suicidal. Adults became suicidal in small numbers on this drug as well. However, suicidal kids and teens are not at all the same thing; they are already too prone to dark thoughts.

Are fines or industry codes going to reduce the level of bribery some pharmas practice? A practice that’s illegal everywhere except New Zealand and the USA. Pharmas pour billions into marketing in America; more than three-quarters of it into an effort to influence the drugs doctors prescribe. To be fair, many docs do not allow the pharma hustlers into their office. But too many welcome them and happily accept their bribes goodies even though they will swear these pharma bribes goodies have no effect on the scripts they write,,,,,, yea, right.

It is obvious that fines do not work; the pharmas look at them as a “cost of doing business.” What is it going to take to put a stop to these outrageous practices? Dr. Lundberg suggests that we recognize this scourge for what it is, racketeering, and go after those responsible –top pharma executives, maybe some docs– under the RICO Act. If these egregious activities threatened to trigger some serious jail time for the “Dons” of the pharmaceutical world, we’re pretty sure they would clean up their act. And we would all be much the better for it.

In fact, if the ethically challenged leaders in several sectors of our economy were to face RICO charges for their shenanigans, we would all be much the better for it.  For openers think LIBOR and rigging bond auctions.

HSBC – 

Banking Around The World

Little did we know that the HSBC slogan, “Bank as easily around the world as you do at home” was to be taken literally. That terrorists, drug cartels, even ordinary crooks and other slimy types could take advantage of the HSBC operations in the United States to convert their holdings to spanking new American dollar bills for use anywhere that currency is accepted – like everywhere!

Al Rajhi Bank in Saudi Arabia, reportedly a favorite of various terrorists, has also been a favorite of HSBC. Al Rajhi is said to have been the bank of choice for some of the 9/11 hijackers. This bank also handles funds for the International Islamic Relief Organization (IIRO) considered a funder of terrorist activities and a source of support for suicide bombers. HSBC was happy to stock up Al Rajhi with Indian rupees. Hmmmm? Rupees perhaps that financed terrorist attacks in Mumbai?

Investigators uncovered information indicating that HSBC green-lighted the movement of billions in shady dollars into the United States from Mexico, Saudi Arabia etc., etc., etc., without the kind of oversight the law and common sense dictates. 

It would appear that HSBC engages in every shady aspect of banking that one could imagine. Laundering money for terrorists, providing currency du jure no matter where the bad guys want to blow something up. Giving the drug cartels lots of US dollars to enjoy the fruits of their murderous ways. Even Russian organized crime lords found HSBC to be a great help in laundering their cash.

Of course HSBC is into rigging LIBOR rates big time, impacting our credit cards, mortgages and literally every form of bank related credit. Don’t forget their role in rigging municipal bond auctions adding to the cost of public infrastructure from schools, to highways, to sewers, not to mention the taxes that pay off those bonds.

This is far beyond ethics. Like the crooks they serve, they should be prosecuted. And not just the little guys who make the dirty deals and rig the rates, but the guys at the top, the people who created this culture. It’s not organized crime without a “Boss” –or a “Bankster” as the Economist famously labeled them– calling the shots. HSBC executives, the folks at the top –gangsters with a “B”– enabled this massive criminal enterprise. And we all know where organized crime leaders belong, in the slammer. We’ll see if law enforcement authorities around the world will bring them to justice.

Banks Behaving Badly

“We’re doing what a bank is supposed to do.” That’s JP Morgan Chase CEO Jamie Dimon before a US Senate Committee after a two billion dollar gambling loss that has since grown to nearly six billion and is forecast to hit even higher numbers. Dimon was much harder on himself than were the Senators, or the members of a House Committee in a subsequent hearing. 

No surprise, members of Congress have good reason to be friendly. Dimon has pitched millions into Congressional war chests -more to Republicans, but lots to go around. The committee members understandably tossed softball questions. Dimon was decked out in cuff links with the presidential seal just so everyone would know where he was coming from. 

Unbelievably nobody called him on his, “We’re doing what a bank is supposed to do” line. This from a “Bankster,” as the Economist has labeled the out-of-control leaders of our financial sector. The billions lost on bad bets placed by one of its traders (AKA gamblers) in London are the least of the problems Dimon is facing. 

Chase is ensnared in the evolving Libor scandal that has a group of international banksters fixing interbank lending rates, impacting every loan rate imaginable. 

The incredibly complex Libor rate fixing scheme crosses civil and criminal legal lines. Dimon was fully aware of his bank’s involvement in this racket when he delivered his “What a bank is supposed to do” line; so we must assume that he thinks juggling interest rates worldwide is what banks do. 

That isn’t even the worst it. When Dimon was flaunting his control over those we send to Washington to do our business, he was fully aware that Chase had just shelled out a seventy-five million dollar fine for rigging a bid on a three billion dollar sewer bond deal that pushed Birmingham, Alabama into bankruptcy. A deal they cinched with a three million dollar bribe to Goldman Sachs. Chase and a host of other banksters have been rigging municipal bond auctions for decades.

This all came out when the Feds convicted three minor players from GE Capital they nailed rigging bond auctions. The Feds got their hands on recordings of telephone conversations between banksters making highly illegal deals to pass municipal bond business around among the banks. In addition to the bankster types from GE who are going to jail, scores of others from virtually every major bank in America and many international banks as well have taken a plea deal. 

Let’s be clear about what’s going on here. 

Between the Libor racket and the municipal bond rigging scam- the banksters have ripped off everyone in America to the tune of untold billions. JP Morgan Chase is not alone in these Mafia style rackets, but if that’s what Jamie Dimon thinks “banks do” then he has a different ethical standard than most of us hold.