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Ethics in Work and in Life D. Scot Loyd, CGFM, CPA Swindoll, Janzen, Hawk & Loyd, LLC McPherson, Kansas 888.241.1826

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Presentation on theme: "Ethics in Work and in Life D. Scot Loyd, CGFM, CPA Swindoll, Janzen, Hawk & Loyd, LLC McPherson, Kansas 888.241.1826"— Presentation transcript:

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2 Ethics in Work and in Life D. Scot Loyd, CGFM, CPA Swindoll, Janzen, Hawk & Loyd, LLC McPherson, Kansas Webinar…January 28, 2009

3 2 Be Encouraged…Be Challenged!! My views are not necessarily the views of the AICPA Professional Ethics Executive Committee (PEEC) as a whole or of my individual colleagues on the Ethics staff or individual committee members…of which I served on PEEC for three years…step down 10/2006! I have assembled these slides over the last three years making over 57 Ethics presentations…I have been told this is one of the most refreshing Ethics talks they have set through…matter of opinion probably…hopefully you find it encouraging!! Some of you will say I am too bold with what I am about to say, but why should I beat around the bush…..I want to share my personal experiences to encourage and challenge you to think about your ETHICAL Foundation as it exists today!! My views are not necessarily the views of the AICPA Professional Ethics Executive Committee (PEEC) as a whole or of my individual colleagues on the Ethics staff or individual committee members…of which I served on PEEC for three years…step down 10/2006! I have assembled these slides over the last three years making over 57 Ethics presentations…I have been told this is one of the most refreshing Ethics talks they have set through…matter of opinion probably…hopefully you find it encouraging!! Some of you will say I am too bold with what I am about to say, but why should I beat around the bush…..I want to share my personal experiences to encourage and challenge you to think about your ETHICAL Foundation as it exists today!!

4 3 Who is Scot Loyd? Married to Jenny Loyd Son is Ethan Loyd Physical birth 3/8/61 Spiritual birth 3/31/69 Almost always lived in town of less than 1,500 people Grad Sedan HS May 1979 Grad Tabor College 1983 Married 7/28/84 Football, Basketball, Baseball Enjoy exercising…Lifting weights Married to Jenny Loyd Son is Ethan Loyd Physical birth 3/8/61 Spiritual birth 3/31/69 Almost always lived in town of less than 1,500 people Grad Sedan HS May 1979 Grad Tabor College 1983 Married 7/28/84 Football, Basketball, Baseball Enjoy exercising…Lifting weights Enjoy Landscaping 3 acre yard on Main St. Fellowship of Christian Athletes Involved in Church Certified Public Accountant-CPA Partner in Swindoll, Janzen, Hawk & Loyd 57 Ethics presentationstruth is truth presentations

5 4 BOONDOCKS partial lyrics, Mike Crawfords (my co-author) Favorite Group: Little Big Town It's where I learned about living It's where I learned about love It's where I learned about working hard And having a little was just enough It's where I learned about Jesus And knowing where I stand You can take it or leave it, this is me This is who I am

6 5 College World SeriesWOW..2006,2007 &2008…Lights Out!! June 2009 around the corner!!

7 6 College World Series WOW…Lights Out!!

8 Josh Fields #25 (nickname Lights Out) Georgia Bulldogs Baseball A First Round Draft pick of the Seattle Mariners, 20th overall Named the 2008 Stopper of the Year by the National Collegiate Baseball Writers Association Named 1st Team All-American by Collegiate Baseball/Louisville Slugger and 2nd Team All-American by Baseball America and the ABCA, Also All-South Region by the ABCA Honored as SEC Pitcher of the Year and 1st Team All-SEC by league coaches Opponents batted.133 against him and had 63 strikeouts and only 22 walks Owns the SEC and Bulldog Career Saves Record with 41 plus Georgia record 114 career games pitched 18-for-18 in Saves and 0.47 ERA in those games (19 IP, 3H, 1R, 12BB, 32K) and none of 15 inherited runners scored A First Round Draft pick of the Seattle Mariners, 20th overall Named the 2008 Stopper of the Year by the National Collegiate Baseball Writers Association Named 1st Team All-American by Collegiate Baseball/Louisville Slugger and 2nd Team All-American by Baseball America and the ABCA, Also All-South Region by the ABCA Honored as SEC Pitcher of the Year and 1st Team All-SEC by league coaches Opponents batted.133 against him and had 63 strikeouts and only 22 walks Owns the SEC and Bulldog Career Saves Record with 41 plus Georgia record 114 career games pitched 18-for-18 in Saves and 0.47 ERA in those games (19 IP, 3H, 1R, 12BB, 32K) and none of 15 inherited runners scored 7

9 8 Marshall University Football Team Chapel & Sideline Experience

10 9 University of North Texas vs. KSU Team Chapel & Sideline Experience

11 ETHICS EXPERT: NOT…BUT I do have a PASSION to live ETHICALly! I am not an ETHICS expert…but I do have to understand its IMPLICATIONS on my life, family and business! I do want to make you aware of the ETHICAL FAILURE RISKS that could impact you! I will FOCUS on building a strong ETHICAL FOUNDATION…are you assessing your ETHICAL FAILURE RISKS currently? I am not an ETHICS expert…but I do have to understand its IMPLICATIONS on my life, family and business! I do want to make you aware of the ETHICAL FAILURE RISKS that could impact you! I will FOCUS on building a strong ETHICAL FOUNDATION…are you assessing your ETHICAL FAILURE RISKS currently?

12 11 Our Discussion Today! Ethics is Ethics Impact of Ethics Failures Practical Puzzle Pieces Used To Strengthen our ETHICAL Foundation What Can You Do To Make An Ethical Difference? Ethics is Ethics Impact of Ethics Failures Practical Puzzle Pieces Used To Strengthen our ETHICAL Foundation What Can You Do To Make An Ethical Difference?

13 12 What is the most frustrating thing about putting together a PUZZLE?

14 13 What is the most frustrating thing about putting together a PUZZLE? The Missing PIECE!

15 Ethics is Ethics!

16 15 Websters Definition of ETHICS The discipline dealing with what is GOOD and BAD and with MORAL duty and obligation…a set of moral principles and values.

17 16 Websters Definition of MORALS a: moral practices or teachings : modes of conduct b: ETHICAL a: moral practices or teachings : modes of conduct b: ETHICAL

18 17 ETHICS VS. MORALS In modern culture the terms ETHICS and MORALS are virtual synonyms. Quite frankly the confusion over the interchangeableness of these two terms is understandable. BUT it is WRONG! In modern culture the terms ETHICS and MORALS are virtual synonyms. Quite frankly the confusion over the interchangeableness of these two terms is understandable. BUT it is WRONG! Per Dr. James Eckman President and Professor of Theology, Ethics, and History at Grace University

19 18 What are Ethics? Ethics is what is normative, ABSOLUTE. It refers to a SET OF STANDARDS around which we organize our lives and from which we define our duties and obligations. It results in a set of imperatives that establishes behavior patterns that are acceptable. It is what people OUGHT TO DO! Ethics is what is normative, ABSOLUTE. It refers to a SET OF STANDARDS around which we organize our lives and from which we define our duties and obligations. It results in a set of imperatives that establishes behavior patterns that are acceptable. It is what people OUGHT TO DO! Per Dr. James Eckman President and Professor of Theology, Ethics, and History at Grace University

20 19 By contrast…Morality? Morality is more concerned with what people do. It describes what people are already doing, often regardless of any ABSOLUTE SET OF STANDARDS. The problem arises when the NORM is identified with that which is ABSOLUTE. Morality is more concerned with what people do. It describes what people are already doing, often regardless of any ABSOLUTE SET OF STANDARDS. The problem arises when the NORM is identified with that which is ABSOLUTE. Per Dr. James Eckman President and Professor of Theology, Ethics, and History at Grace University

21 20 It seems nothing is absolute anymore? We determine the norm of human behavior through statistical studies. Therefore since unacceptable behavior is widely practiced, that becomes societys norm and therefore it is the ETHICAL standard. Per Dr. James Eckman President and Professor of Theology, Ethics, and History at Grace University

22 21 It seems nothing is absolute anymore? (cont) Ethics becomes a relativistic, floating set of patterns which determines our duty and obligation. NOTHING is absolute and NOTHING is forever. That which the culture THOUGHT was NAILED DOWN IS NOT. It is as fluid as a changing river. Per Dr. James Eckman President and Professor of Theology, Ethics, and History at Grace University

23 Steamboat Arabia Kansas City, MO Headin West …Too thick to drink, too thin to plow, were the words best used to describe the Missouri River. Yet the muddy, swirling waters of the river served as the expressway to the West…In spite of the fascination associated with the trade, navigating the Missouri River was a difficult and dangerous business!!! 22

24 Steamboat Arabia Kansas City, MO …lying silently at or just below the waters surface was the snag, a thick trunk of a huge, fallen walnut tree. With its roots deeply embedded in the soft mud, the timber lay directly in the path of the approaching steamboat… What SNAG is right below the water of your Lifes journey? …lying silently at or just below the waters surface was the snag, a thick trunk of a huge, fallen walnut tree. With its roots deeply embedded in the soft mud, the timber lay directly in the path of the approaching steamboat… What SNAG is right below the water of your Lifes journey? 23

25 24 Societys Beliefs…have these changed over the years? Societys opinions of: Foundation of Morality Right and wrong Moral and immoral Good and bad Happy and unhappy Societys opinions of: Foundation of Morality Right and wrong Moral and immoral Good and bad Happy and unhappy

26 25 How are OUR Values Defined Today? Honesty (truthfulness, openness) Integrity (convictions, courage) Objectivity (independence, fairness, equality) Promise Keeping (fulfilling commitments) Fidelity (loyalty, confidentiality) Caring (compassion, kindness) Respect (dignity) Accountability (responsibility) Excellence (quality of work) Citizenship or Social Responsibility (respect for law, social consciousness) Honesty (truthfulness, openness) Integrity (convictions, courage) Objectivity (independence, fairness, equality) Promise Keeping (fulfilling commitments) Fidelity (loyalty, confidentiality) Caring (compassion, kindness) Respect (dignity) Accountability (responsibility) Excellence (quality of work) Citizenship or Social Responsibility (respect for law, social consciousness)

27 26 The Circle of Morality © 4. Actions 5. Consequences 1. Beliefs (Beliefs are KEY to an Ethical Foundation) 2. Values 3. Ethics The Circle of Morality C A Crawford & Associates, P.C. CONCLUSION: For a shift to higher Ethics, there must be meaningful enough Consequences to the Actions of individuals to cause a shift in the Beliefs of a majority of society that is significant enough to change individual Values.

28 27 The Circle of Morality 1. Beliefs – the convictions that place trust or confidence in someone or something forming a foundation for moral decisions 2. Values – components of character that build the framework about what is right and wrong 3. Ethics – an individuals knowledge and awareness of their moral duty and obligation 4. Actions – an individuals response to the spectrum of life situations with regard to their moral duty and obligation. 5. Consequences – the results or repercussions of an individuals actions 1. Beliefs – the convictions that place trust or confidence in someone or something forming a foundation for moral decisions 2. Values – components of character that build the framework about what is right and wrong 3. Ethics – an individuals knowledge and awareness of their moral duty and obligation 4. Actions – an individuals response to the spectrum of life situations with regard to their moral duty and obligation. 5. Consequences – the results or repercussions of an individuals actions

29 28 How Would You Define TRUTH? A recent study reported that only six percent of teens today believe that moral truth is absolute. I knew it wouldn't be high, but that's really low. Not good. Young people today are basically saying that life is a sliding scale. Truth has become relative because it all depends on the situation. The sad thing is who trained them? In the world of athletics, there are many truths that can not be relative (i.e. wins and loses). Imagine if every athlete defined winning differently--one by score, one by hustle, one by the best fans, etc. It would be chaos! Fortunately (or unfortunately) winning is defined by the scoreboard. Life without truths, absolutes and boundaries leads to chaos. (Source: Dan Britton, Fellowship of Christian Athletes) A recent study reported that only six percent of teens today believe that moral truth is absolute. I knew it wouldn't be high, but that's really low. Not good. Young people today are basically saying that life is a sliding scale. Truth has become relative because it all depends on the situation. The sad thing is who trained them? In the world of athletics, there are many truths that can not be relative (i.e. wins and loses). Imagine if every athlete defined winning differently--one by score, one by hustle, one by the best fans, etc. It would be chaos! Fortunately (or unfortunately) winning is defined by the scoreboard. Life without truths, absolutes and boundaries leads to chaos. (Source: Dan Britton, Fellowship of Christian Athletes)

30 29 Excerpted from Ethics Newsline (www.globalethics.org/newsline/) A publication of the Institute for Global Ethics From the October 10, 2006, issue: Quote from the Ethics File The Quiet Suppression "Not the violent conflict between parts of the truth, but the quiet suppression of half of it, is the formidable evil...." John Stuart Mill (English philosopher and economist, ) Copyright © the Institute for Global Ethics, Camden, Maine From the October 10, 2006, issue: Quote from the Ethics File The Quiet Suppression "Not the violent conflict between parts of the truth, but the quiet suppression of half of it, is the formidable evil...." John Stuart Mill (English philosopher and economist, ) Copyright © the Institute for Global Ethics, Camden, Maine 04843

31 30 Excerpted from Ethics Newsline (www.globalethics.org/newsline/) A publication of the Institute for Global Ethics From the September 25, 2006, issue:

32 31 'Study: Majority Of Graduate Business Students Admit To Cheating' 'Creating a culture of integrity should curb cheating and cultivate character,' say study's authors "Polices, rules, and the potential for getting caught had little to do with the students' decisions to cheat, according to the research. Rather, the authors found that, for business students, the perception that other students were cheating was the most powerful influence on their own behavior. "To counteract the perception that dishonesty is permeating U.S. college classrooms, the authors recommend that college administrators work with faculty and students to create what they call a 'culture of integrity and responsibility' in their schools. 'Creating a culture of integrity should curb cheating and cultivate character,' say study's authors "Polices, rules, and the potential for getting caught had little to do with the students' decisions to cheat, according to the research. Rather, the authors found that, for business students, the perception that other students were cheating was the most powerful influence on their own behavior. "To counteract the perception that dishonesty is permeating U.S. college classrooms, the authors recommend that college administrators work with faculty and students to create what they call a 'culture of integrity and responsibility' in their schools. Excerpted from Ethics Newsline (www.globalethics.org/newsline/) A publication of the Institute for Global Ethics From the September 25, 2006, issue

33 32 Overriding ETHICAL Themes

34 33 Laws versus Ethics The fact that it is possible or legal to do something doesnt mean it ought to be done. Example: While it is legal to bill your non-profit client (or employer) for your work-related expenses where you stayed in the most expensive hotel and ate extravagant meals, is it the right thing to do? The fact that it is possible or legal to do something doesnt mean it ought to be done. Example: While it is legal to bill your non-profit client (or employer) for your work-related expenses where you stayed in the most expensive hotel and ate extravagant meals, is it the right thing to do?

35 34

36 35 Overriding ETHICAL Themes

37 36 Substance over Form To truly use ETHICAL principles to make decisions, one must focus on the substance (spirit) of the principle and not the form (rules). Example: AICPA standards do not permit an auditor to enter into a capital lease with an audit client, while permitting operating leases. However, the auditor would be better advised to avoid even operating leases with an audit client. To truly use ETHICAL principles to make decisions, one must focus on the substance (spirit) of the principle and not the form (rules). Example: AICPA standards do not permit an auditor to enter into a capital lease with an audit client, while permitting operating leases. However, the auditor would be better advised to avoid even operating leases with an audit client.

38 37 Overriding ETHICAL Themes

39 38 Fact and Appearance While the accountant/auditor must ensure his (her) decisions are in fact (actually) ETHICAL, they must also ensure that ETHICAL to other informed individuals appear (are perceived to be). Example: An auditor may meet the various independence rules and truly feel unbiased; however, if an informed individual with knowledge of the facts and circumstances does not perceive him (her) to be independent, the value of the service to the public will be in question. While the accountant/auditor must ensure his (her) decisions are in fact (actually) ETHICAL, they must also ensure that ETHICAL to other informed individuals appear (are perceived to be). Example: An auditor may meet the various independence rules and truly feel unbiased; however, if an informed individual with knowledge of the facts and circumstances does not perceive him (her) to be independent, the value of the service to the public will be in question.

40 39 What PUZZLE piece is missing today in our Ethics? If our ETHICAL FOUNDATION IS AS FOLLOWS: NOTHING is absolute and NOTHING is forever. That which the culture THOUGHT was NAILED DOWN IS NOT. It is as fluid as a changing river. THEN, WHERE IS THE SNAG? If our ETHICAL FOUNDATION IS AS FOLLOWS: NOTHING is absolute and NOTHING is forever. That which the culture THOUGHT was NAILED DOWN IS NOT. It is as fluid as a changing river. THEN, WHERE IS THE SNAG?

41 40 Has TRUE Wisdom Escaped US? DANGER The best-informed man is not necessarily the wisest. Indeed there is a DANGER that precisely in the multiplicity of his knowledge he will lose sight of what is essential. Dietrich Bonhoeffer DANGER The best-informed man is not necessarily the wisest. Indeed there is a DANGER that precisely in the multiplicity of his knowledge he will lose sight of what is essential. Dietrich Bonhoeffer

42 41 Theres No Such Thing as Business Ethics! Has the definition of Ethics changed? Is Ethics really More Than A Feeling? Has Ethics become a nebulous, elusive concept instead of the bedrock foundation that all businesses and levels of government should be built upon? Has the definition of Ethics changed? Is Ethics really More Than A Feeling? Has Ethics become a nebulous, elusive concept instead of the bedrock foundation that all businesses and levels of government should be built upon?

43 42 Theres No Such Thing as Business Ethics! Ethics is Ethics If you desire to be ethical, you live it by one standard across the board Ethics is Ethics If you desire to be ethical, you live it by one standard across the board

44 43 Integrity (ETHICAL) Guideline for ANY situation How Would I Like to Be Treated In This Situation? GOLDEN RULE Referred to as theGOLDEN RULE How Would I Like to Be Treated In This Situation? GOLDEN RULE Referred to as theGOLDEN RULE

45 44 Ethics is Ethics Simple Terms!!! WHO'S COUNTING YOURS? Character is caught, not taught Simple Terms!!! WHO'S COUNTING YOURS? Character is caught, not taught

46 45 An Additional Thought!! THE EXTRA MILE ATTITUDE How Can I Treat a Person Better Than I Am Expected to Be Treated? Going over and above EXPECTATION in a situationthe EXTRA MILE ATTITUDE!! Referred to as thePLATINUM RULE--#1 How Can I Treat a Person Better Than I Am Expected to Be Treated? Going over and above EXPECTATION in a situationthe EXTRA MILE ATTITUDE!! Referred to as thePLATINUM RULE--#1 Ethics is Ethics…one standard across the board! CharacteR Does count! Golden Rule #1

47 46 Extra Mile Attitude IS someone who… CARESWISE CARES more than others think is WISE. RISKSSAFE RISKS more than others think is SAFE. DREAMSPRACTICAL DREAMS more than others think is PRACTICAL. EXPECTSPOSSIBLE EXPECTS more than others think is POSSIBLE. WORKSNECESSARY WORKS more than others think is NECESSARY. CARESWISE CARES more than others think is WISE. RISKSSAFE RISKS more than others think is SAFE. DREAMSPRACTICAL DREAMS more than others think is PRACTICAL. EXPECTSPOSSIBLE EXPECTS more than others think is POSSIBLE. WORKSNECESSARY WORKS more than others think is NECESSARY.

48 47 Zig Ziglar Theres no traffic jam on the EXTRA MILE.

49 48 Where Are YOU Today? As we go through the rest of this presentation, think about these few slides we have just discussed above and answer in your own mind the following questions: Where are YOU today with your Ethics? Is there a SNAG waiting below the waters surface of your life? What is YOUR ETHICAL FOUNDATION built on? As we go through the rest of this presentation, think about these few slides we have just discussed above and answer in your own mind the following questions: Where are YOU today with your Ethics? Is there a SNAG waiting below the waters surface of your life? What is YOUR ETHICAL FOUNDATION built on?

50 Impact of Ethics Failures

51 50 The Corporate Executive Defenses I SEE nothing, I HEAR nothing, and I KNOW Nothing!" The Sergeant Shultz Defense Kenneth Lay - Enron Richard Scrushy – HealthSouth Calisto Tanzi - Parmalat ON and ON and ON the list goes!!

52 The Corporate Executive Defenses The Aw Shucks Defense 51 Not Guilty By Reason of Incompetence Bernie Ebbers – WorldCom Jeffrey Skilling – Enron Gary Winnick – Global Crossing List goes ON and ON and ON!!

53 52 The Corporate Executive Defenses The Three-Blind Mice Defense THE BOARD OF DIRECTORS They didnt have a problem with it. John Rigas & Sons – Adelphia NOTE: Former Adelphia Executives Report to Prison John Rigas, Age 82: "This is a death sentence for me. He was sentenced to 15 yrs and was fined $2,300 for a multi- billion $$ fraud. Dennis Kozlowski - Tyco List goes ON and ON and ON!!

54 53 IS…Will Be Who WAS…IS…Will Be watching over MANAGEMENT???

55 54 The Sergeant Schultz Defense The Aw Shucks Defense The Three Blind Mice Defense If these defenses are true and legitimate, what does it say about the state of corporate governance? The Sergeant Schultz Defense The Aw Shucks Defense The Three Blind Mice Defense If these defenses are true and legitimate, what does it say about the state of corporate governance? The Corporate Executive Defenses

56 55 Excerpted from Ethics Newsline (www.globalethics.org/newsline/) A publication of the Institute for Global Ethics From the October 16, 2006, issue: Quote from the Ethics File…A World of Fools "The ultimate result of shielding men from the effects of folly is to fill the world with fools." -- Herbert Spencer (English philosopher, ) From the October 16, 2006, issue: Quote from the Ethics File…A World of Fools "The ultimate result of shielding men from the effects of folly is to fill the world with fools." -- Herbert Spencer (English philosopher, )

57 Anything Happening at This Address?

58

59 58 Equal Justice? Martha Stewart (Living consultant) Crime: Lying about a stock trade Sentence: 5 months in prison and 5 months house arrest Martha Stewart (Living consultant) Crime: Lying about a stock trade Sentence: 5 months in prison and 5 months house arrest

60 59 Equal Justice? Michael Martin (Former HealthSouth CFO) Plead guilty to coordinating $2.7 billion accounting fraud and agreed to testify against CEO Original Sentence: 6 month home detention, including playing golf Michael Martin (Former HealthSouth CFO) Plead guilty to coordinating $2.7 billion accounting fraud and agreed to testify against CEO Original Sentence: 6 month home detention, including playing golf

61 A Change: Ex-HealthSouth CFO Re-Sentenced A federal judge Tuesday sentenced former HealthSouth Corp. Chief Financial Officer Michael Martin to 36 months in prison, marking the third time he has been sentenced for his part in a $2.7-billion accounting scandal that rocked the company. Martin, one of five former HealthSouth CFOs who pleaded guilty to fraud charges in connection with the scandal, had previously paid a $50,000 fine and a $2.4-million forfeiture of ill-gotten gains. He was originally sentenced to five months probation and was later ordered to serve only seven days in prison. Both of those sentences were overturned after U.S. prosecutors protested the lenient penalties and appealed the decisions. I only have myself to blame for where I am standing, a tearful Martin told the court and U.S. District Judge L. Scott Coogler. He apologized to those who suffered as a result of the fraud, adding: I committed a very serious crime and I am prepared to face the consequences. A federal judge Tuesday sentenced former HealthSouth Corp. Chief Financial Officer Michael Martin to 36 months in prison, marking the third time he has been sentenced for his part in a $2.7-billion accounting scandal that rocked the company. Martin, one of five former HealthSouth CFOs who pleaded guilty to fraud charges in connection with the scandal, had previously paid a $50,000 fine and a $2.4-million forfeiture of ill-gotten gains. He was originally sentenced to five months probation and was later ordered to serve only seven days in prison. Both of those sentences were overturned after U.S. prosecutors protested the lenient penalties and appealed the decisions. I only have myself to blame for where I am standing, a tearful Martin told the court and U.S. District Judge L. Scott Coogler. He apologized to those who suffered as a result of the fraud, adding: I committed a very serious crime and I am prepared to face the consequences. 60

62 What Will Be Equal Justice for Bernard Madoffs $50 Billion? 61

63 What Will Be Equal Justice for Bernard Madoffs $50 Billion? Madoff was arrested after telling his sons that his firm was "one big lie." 62

64 63 Consequences Unfavorable or Negative Negative feedback Punishments or discipline Misery Favorable or Positive Positive feedback Rewards Happiness Unfavorable or Negative Negative feedback Punishments or discipline Misery Favorable or Positive Positive feedback Rewards Happiness

65 Hey, I got off easy. The auditors, investigators, and lawyers worked on the case for 6 years, and the jury had to deliberate for 36 months.

66 65 Whistleblower Consequences Negative (Cynthia Cooper, WorldCom) Alienation or chastising for not being a team player Loss of job Positive Protection of job and status Promotion and other rewards Positive recognition Negative (Cynthia Cooper, WorldCom) Alienation or chastising for not being a team player Loss of job Positive Protection of job and status Promotion and other rewards Positive recognition

67 66 Cynthia Cooper, CPA, CISA, CFE Cynthia Cooper is an internal auditor and consultant who is best known for being the whistleblower who exposed massive accounting fraud at WorldCom in On June , Sullivan asked Cooper to delay the audit and she refused. The next day Cooper told the head of the audit committee about her findings. Finally, Cooper and her team confronted WorldCom's controller David Myers who, according to an internal audit memo, admitted that he knew the accounting could not be justified. On June 20, Cooper and a team member attended an audit-committee meeting of WorldCom's board of directors at which Sullivan was to explain his accounting strategy. Sullivan asked for more time to fully support his argument. When he could not justify his accounting strategy, he was asked to resign. Sullivan refused to step down and was fired on June 24. The next day, WorldCom came clean about its financial situation. Cynthia Cooper is an internal auditor and consultant who is best known for being the whistleblower who exposed massive accounting fraud at WorldCom in On June , Sullivan asked Cooper to delay the audit and she refused. The next day Cooper told the head of the audit committee about her findings. Finally, Cooper and her team confronted WorldCom's controller David Myers who, according to an internal audit memo, admitted that he knew the accounting could not be justified. On June 20, Cooper and a team member attended an audit-committee meeting of WorldCom's board of directors at which Sullivan was to explain his accounting strategy. Sullivan asked for more time to fully support his argument. When he could not justify his accounting strategy, he was asked to resign. Sullivan refused to step down and was fired on June 24. The next day, WorldCom came clean about its financial situation.

68 67 Cynthia Cooper, CPA, CISA, CFE In August 2002, Sullivan was indicted on charges of securities fraud. WorldCom filed for bankruptcy and 17,000 employees were made redundant around the globe. Shareholders have lost some $3 billion. The California public employees' retirement system, the largest state pension fund in the United States, lost $580 million it had invested in WorldCom. Cooper continued to work at WorldCom (which has now changed its name to MCI) before leaving to run her own consulting business. Despite the fact that WorldCom carried out many of her recommendations, Cooper was not personally thanked by any senior executive for her actions. However, she has received more than 100 letters and s from strangers thanking her and offering encouragement. Cooper was named one of three "People of the Year" by Time magazine in In August 2002, Sullivan was indicted on charges of securities fraud. WorldCom filed for bankruptcy and 17,000 employees were made redundant around the globe. Shareholders have lost some $3 billion. The California public employees' retirement system, the largest state pension fund in the United States, lost $580 million it had invested in WorldCom. Cooper continued to work at WorldCom (which has now changed its name to MCI) before leaving to run her own consulting business. Despite the fact that WorldCom carried out many of her recommendations, Cooper was not personally thanked by any senior executive for her actions. However, she has received more than 100 letters and s from strangers thanking her and offering encouragement. Cooper was named one of three "People of the Year" by Time magazine in 2002.

69 New IRS Form 990 Whistleblower Rules! A whistleblower policy encourages staff and volunteers to come forward with credible information on illegal practices or violations of adopted policies of the organization, specifies that the organization will protect the individual from retaliation, and identifies those staff or board members or outside parties to whom such information can be reported. 68

70 69 Perpetrator Consequences Negative Prison term Loss of assets Loss of earning ability Negative publicity and public ridicule Positive Short prison time in country club facility Time to hide or dispose of assets before judgment Minimal discipline Negative Prison term Loss of assets Loss of earning ability Negative publicity and public ridicule Positive Short prison time in country club facility Time to hide or dispose of assets before judgment Minimal discipline

71 70 Consequences??? Are the intended CONSEQUENCES slowing down the ETHICAL failures today? Why does it seem the ETHICAL FOUNDATION of our country is CRACKED ? Are the intended CONSEQUENCES slowing down the ETHICAL failures today? Why does it seem the ETHICAL FOUNDATION of our country is CRACKED ?

72 Are We Ready for an ETHICAL Bailout? Financial calamity can surface immorality. When markets collapse people get nervous and want their money back. This has a way of revealing fraud and deceit. The recent financial collapse has exposed the depths of our moral depravity. Instead of a financial bailout we need an ethical bailout. Whether it's the sub prime loan crisis, a Governor selling Senate seats, or Bernie Madoff allegedly duping some of the wealthiest people in the world, the core underlying issue is a lack of integrity. True integrity comes with a healthy dose of fear. Many leaders no longer fear the law, their customers, or even their own conscience. What will it take to bail out our ethics? 71

73 Practical Puzzle Pieces Used To Strengthen our ETHICAL Foundations

74 73 Cracked ETHICAL Foundation?? Cracked ETHICAL Foundation Cultural Relativism Situation Ethics Behaviorism SELL OUT at Any Cost

75 74 Cracked ETHICAL Foundation?? Behaviorism BehaviorismThe result…people are not responsible for personal behavior. Cultural Relativism– T Cultural Relativism– There are no absolute or objective moral standards that apply to all people everywhere and at all times. Situation Ethics Situation Ethics end justifies the means. Sell Out At Any Cost Sell Out At Any Cost Me generation…no one else matters No rules or absolutes Behaviorism BehaviorismThe result…people are not responsible for personal behavior. Cultural Relativism– T Cultural Relativism– There are no absolute or objective moral standards that apply to all people everywhere and at all times. Situation Ethics Situation Ethics end justifies the means. Sell Out At Any Cost Sell Out At Any Cost Me generation…no one else matters No rules or absolutes

76 75 SOLID ETHICAL Foundation Honesty (truthfulness, openness) Integrity (convictions, courage) Objectivity (independence, fairness, equality) Promise Keeping (fulfilling commitments) Fidelity (loyalty, confidentiality) Caring (compassion, kindness) Respect (dignity) Accountability (responsibility) Excellence (quality of work) Social responsibility (respect for law) Ethical Absolutes Based on GODs moral law revealed in the Bible

77 76 ETHICAL Absolutes Gods moral revelation in His Word (the Bible) is an expression of His own nature. Gods moral and ethical system consists of more than external conformity to His moral code; it centers on conformity with internal issues of motivation and personal attitudes. God provides the absolute criteria for determining the value of human beings. Gods moral revelation in His Word (the Bible) is an expression of His own nature. Gods moral and ethical system consists of more than external conformity to His moral code; it centers on conformity with internal issues of motivation and personal attitudes. God provides the absolute criteria for determining the value of human beings.

78 77 Seven Puzzle Pieces to a Solid Personal ETHICAL Foundation E valuate Constantly T one at the Top H eart I ntegrity C haracter A ccountability L ong lasting E valuate Constantly T one at the Top H eart I ntegrity C haracter A ccountability L ong lasting

79 78 E valuate Constantly Personal Ethics Audit Are your values clear? Do you have a daily Ethics strategy? Do you have personally defined Ethical absolutes you follow? Are you effective in following your Ethical absolutes? Do you lead the Ethical decision making at work? Do you walk the talk all areas of life? Are you Ethically consistent no matter how well life is going? Personal Ethics Audit Are your values clear? Do you have a daily Ethics strategy? Do you have personally defined Ethical absolutes you follow? Are you effective in following your Ethical absolutes? Do you lead the Ethical decision making at work? Do you walk the talk all areas of life? Are you Ethically consistent no matter how well life is going?

80 Mentor? Do you have a mentor to counsel with? Are you being a mentor to someone else? Do you have a mentor to counsel with? Are you being a mentor to someone else? 79

81 80 T one at the Top Do you enable people at work, home or in your community do the right thing, both legally and morally? Do you provide positive feed back to the people you impact? Do you LISTEN? Do you assist the people around you navigate gray areas where no specific compliance rules or guidelines exist? OR Do you let them figure it out on their own? Do you promote a willingness for people around you to seek assistance and report problems before the point of no return? Do you enable people at work, home or in your community do the right thing, both legally and morally? Do you provide positive feed back to the people you impact? Do you LISTEN? Do you assist the people around you navigate gray areas where no specific compliance rules or guidelines exist? OR Do you let them figure it out on their own? Do you promote a willingness for people around you to seek assistance and report problems before the point of no return?

82 81 H eart "The heart is hopelessly dark and deceitful, a PUZZLE that no one can figure out. But I, God, search the heart and examine the mind. I get to the heart of the human. I get to the root of things. I treat them as they really are, not as they pretend to be. Jeremiah 17:9 (The Message) Do you allow your HEART and MIND to be searched daily? Is it easy to pretend we are Ethical? "The heart is hopelessly dark and deceitful, a PUZZLE that no one can figure out. But I, God, search the heart and examine the mind. I get to the heart of the human. I get to the root of things. I treat them as they really are, not as they pretend to be. Jeremiah 17:9 (The Message) Do you allow your HEART and MIND to be searched daily? Is it easy to pretend we are Ethical?

83 82 I ntegrity Webster Definition of Integrity: 1 : firm adherence to a code of especially moral or artistic values : INCORRUPTIBILITY 2 : an unimpaired condition : SOUNDNESS 3 : the quality or state of being complete or undivided : COMPLETENESS synonym see HONESTY The integrity of the honest keeps them on track; the deviousness of crooks brings them to ruin. Proverbs 11:3 (The Message) Webster Definition of Integrity: 1 : firm adherence to a code of especially moral or artistic values : INCORRUPTIBILITY 2 : an unimpaired condition : SOUNDNESS 3 : the quality or state of being complete or undivided : COMPLETENESS synonym see HONESTY The integrity of the honest keeps them on track; the deviousness of crooks brings them to ruin. Proverbs 11:3 (The Message)

84 83 I ntegrity "A life lived with integrity - even if it lacks the trappings of fame and fortune is a shinning star in whose light others may follow in the years to come." - Denis Waitley "A life lived with integrity - even if it lacks the trappings of fame and fortune is a shinning star in whose light others may follow in the years to come." - Denis Waitley

85 84 C haracter Webster Definition of Character: the complex of mental and ethical traits marking and often individualizing a person, group, or nation Moral character makes for smooth traveling; an evil life is a hard life. Proverbs 11:5 (The Message) Webster Definition of Character: the complex of mental and ethical traits marking and often individualizing a person, group, or nation Moral character makes for smooth traveling; an evil life is a hard life. Proverbs 11:5 (The Message)

86 85 A ccountability Webster Definition of Accountability: an obligation or willingness to accept responsibility or to account for one's actions Even a child is known by his actions, by whether his conduct is pure and right. Proverbs 20:11 (The Message) Webster Definition of Accountability: an obligation or willingness to accept responsibility or to account for one's actions Even a child is known by his actions, by whether his conduct is pure and right. Proverbs 20:11 (The Message)

87 86 L ong lasting Ethical Creating an Ethical environment/foundation is like running a marathon… It requires ten thousand steps. It is full of setbacks, aches, pains and aggravations. It is full of factors that you cannot control. If you stop, youve lost. Webster Definition of Marathon: something (as an event, activity, or session) characterized by great length or concentrated effort Ethical Creating an Ethical environment/foundation is like running a marathon… It requires ten thousand steps. It is full of setbacks, aches, pains and aggravations. It is full of factors that you cannot control. If you stop, youve lost. Webster Definition of Marathon: something (as an event, activity, or session) characterized by great length or concentrated effort

88 What Can You Do To Make An Ethical Difference?

89 88 Where Do WE Start? How Do WE Maintain a Solid ETHICAL Foundation? Look at the BEST Ethical Companies? Personal Ethical Audit?

90 89 Firms Ranked on Ethical Behavior –2008 TOP 100 Dave Stangis, the Director of Corporate Responsibility for Intel, which has been on the list since Business Ethics magazine developed it nine years ago, characterizes Intels top-of-the heap ranking as a really strong attribution. He adds that 100 Best over the years has had a huge impact internally at the company and executives view the category scores and rankings as a significant learning opportunity. Business Ethics magazine published 100 Best for the first seven years, and CRO published 100 Best in 2007, and now presents 100 Best In the nine years that 100 Best has been tabulated, just three companiesIntel, Cisco (No. 14) and Starbucks (No. 35)have appeared on the list every year. Dave Stangis, the Director of Corporate Responsibility for Intel, which has been on the list since Business Ethics magazine developed it nine years ago, characterizes Intels top-of-the heap ranking as a really strong attribution. He adds that 100 Best over the years has had a huge impact internally at the company and executives view the category scores and rankings as a significant learning opportunity. Business Ethics magazine published 100 Best for the first seven years, and CRO published 100 Best in 2007, and now presents 100 Best In the nine years that 100 Best has been tabulated, just three companiesIntel, Cisco (No. 14) and Starbucks (No. 35)have appeared on the list every year.

91 Top 100 continued… "What distinguishes the 100 best corporate citizens from their peers is a commitment to higher standards said the editor of CRO magazine. "The list represents... those [companies] that perform to a higher standard in serving a variety of stakeholders with excellence and integrity "What distinguishes the 100 best corporate citizens from their peers is a commitment to higher standards," said the editor of CRO magazine. "The list represents... those [companies] that perform to a higher standard in serving a variety of stakeholders with excellence and integrity."

92 Building an ETHICAL Framework By Thomas R. Krause and Paul J. Voss 10 questions to consider in encouraging an ethical corporate culture. 1. What is the relationship between ethics and other performance metrics in the company? 2. Have we, as required by the 2004 federal sentencing guidelines, offered ethics training for all of our employees? Does the training provide more than rote introduction of the companys code of conduct? 10 questions to consider in encouraging an ethical corporate culture. 1. What is the relationship between ethics and other performance metrics in the company? 2. Have we, as required by the 2004 federal sentencing guidelines, offered ethics training for all of our employees? Does the training provide more than rote introduction of the companys code of conduct? 91

93 Building an ETHICAL Framework By Thomas R. Krause and Paul J. Voss 10 questions to consider in encouraging an ethical corporate culture. (Continued) 3. What is the relationship between exercising sound ethics and retaining great talent? 4. Have we conducted a risk assessment to determine our exposure to major ethical damage? What is our potential Enron? 5. How can we be proactive in the area of ethics, culture and corporate citizenship? 10 questions to consider in encouraging an ethical corporate culture. (Continued) 3. What is the relationship between exercising sound ethics and retaining great talent? 4. Have we conducted a risk assessment to determine our exposure to major ethical damage? What is our potential Enron? 5. How can we be proactive in the area of ethics, culture and corporate citizenship? 92

94 Building an ETHICAL Framework By Thomas R. Krause and Paul J. Voss 10 questions to consider in encouraging an ethical corporate culture. (Continued) 6. What tone should executive leadership set regarding ethics, integrity and transparency? 7. What does management need from the board of directors and senior leadership to enhance and buttress corporate ethics? 8. Who is driving ethics and compliance in the company? 10 questions to consider in encouraging an ethical corporate culture. (Continued) 6. What tone should executive leadership set regarding ethics, integrity and transparency? 7. What does management need from the board of directors and senior leadership to enhance and buttress corporate ethics? 8. Who is driving ethics and compliance in the company? 93

95 Building an ETHICAL Framework By Thomas R. Krause and Paul J. Voss 10 questions to consider in encouraging an ethical corporate culture. (Continued) 9. Do we have consistency of message between and among the board, the CEO, the senior executive team and the associates in terms of ethics and culture? 10. What roadblocks now discourage ethical conversations and the implementation of ethical practices, procedures and protocols? 10 questions to consider in encouraging an ethical corporate culture. (Continued) 9. Do we have consistency of message between and among the board, the CEO, the senior executive team and the associates in terms of ethics and culture? 10. What roadblocks now discourage ethical conversations and the implementation of ethical practices, procedures and protocols? 94

96 95 Jim Collins author of Built to Last and Good to Great Importance of Ethics in any successful company: Our research points to one essential element in any successful company. Those that are best have built a set of core values and lived by them. Our research points to one essential element in any successful company. Those that are best have built a set of core values and lived by them. Importance of Ethics in any successful company: Our research points to one essential element in any successful company. Those that are best have built a set of core values and lived by them. Our research points to one essential element in any successful company. Those that are best have built a set of core values and lived by them.

97 Seven Laws of the Harvest 1. We reap only what we sow. 2. We reap the same kind as we sow. 3. We reap in a different season than we sow. 4. We reap more than we sow. 5. We reap in proportion to what we sow. 6. We reap a full harvest only if we persevere. 7. We cannot do anything about last years harvest, but we can do something about this years harvest. 1. We reap only what we sow. 2. We reap the same kind as we sow. 3. We reap in a different season than we sow. 4. We reap more than we sow. 5. We reap in proportion to what we sow. 6. We reap a full harvest only if we persevere. 7. We cannot do anything about last years harvest, but we can do something about this years harvest.

98 97 How would your FAMILY, FRIENDS or PEERS categorize YOUR personal ETHICS? You are always ethical You are mostly ethical You are somewhat ethical You are always ethical You are mostly ethical You are somewhat ethical

99 98 How would your FAMILY, FRIENDS or PEERS categorize YOUR personal ETHICS? You are seldom ethical You are never ethical You are seldom ethical You are never ethical

100 99 What Do You Reflect to the People Around You?

101 100 Each DAY is a NEW DAY!

102 101 SOLID ETHICAL Foundation Honesty (truthfulness, openness) Integrity (convictions, courage) Objectivity (independence, fairness, equality) Promise Keeping (fulfilling commitments) Fidelity (loyalty, confidentiality) Caring (compassion, kindness) Respect (dignity) Accountability (responsibility) Excellence (quality of work) Social responsibility (respect for law) Ethical Absolutes Based on GODs moral law revealed in the Bible

103 102 Seven Puzzle Pieces to a Solid Personal ETHICAL Foundation E valuate Constantly T one at the Top H eart I ntegrity C haracter A ccountability L ong lasting E valuate Constantly T one at the Top H eart I ntegrity C haracter A ccountability L ong lasting

104 103 Are You Staying ETHICAL ly Fit?? To Stay in Good Physical Shape can you? Workout once a month…a year? Workout for only one minute? Not worry about consistency? Forget about challenging yourself? Is it any different for us trying to stay in Good ETHICAL Shape? To Stay in Good Physical Shape can you? Workout once a month…a year? Workout for only one minute? Not worry about consistency? Forget about challenging yourself? Is it any different for us trying to stay in Good ETHICAL Shape?

105 This is not the type of Exercise Program I was thinking of?

106 105 What Really Matters? If you havent defined your values, I encourage you to do so...then live them out everyday!!! Then work hard to keep the UNIMPORTANT from becoming IMPORTANT, and the IMPORTANT from becoming UNIMPORTANT. John Maxwell If you havent defined your values, I encourage you to do so...then live them out everyday!!! Then work hard to keep the UNIMPORTANT from becoming IMPORTANT, and the IMPORTANT from becoming UNIMPORTANT. John Maxwell

107 106 QUESTIONS? D. Scot Loyd, CGFM, CPA Swindoll, Janzen, Hawk & Loyd, LLC Certified Public Accountants 123 South Main McPherson, Kansas Phone: D. Scot Loyd, CGFM, CPA Swindoll, Janzen, Hawk & Loyd, LLC Certified Public Accountants 123 South Main McPherson, Kansas Phone:


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