Activities - Session 3
Activities - Session 3
Activities - Session 3
I. ETHICS DILEMMA
In many ways, technology has made all of us more productive. However, ethical issues do arise in how and
when technology is used. In the sports arena, all kinds of technologically advanced sports equipment
(swimsuits, athlete’s shoes, etc.) have been developed that can sometimes give competitors an edge over
their opponents. We see them in sports competitions.
1. What do you think?
2. Is this an ethical use of technology?
3. What if your school was competing for a championship and couldn’t afford to outfit athletes in such
equipment and it affected your ability to compete or win? Would that make a difference?
4. What ethical guidelines might you suggest for such situations?
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II. CASE APPLICATION – Lesson from Lehman Brothers: Will We Ever Learn?
On September 15, financial services firm Lehman Brothers filed for bankruptcy with the U.S. Bankruptcy Court in the
Southern District of New York. That action—the largest Chapter 11 filing in financial history—unleashed a “crisis of
confidence that threw financial markets worldwide into turmoil, sparking the worst crisis since the Great
Depression.” The fall of this Wall Street icon is, unfortunately, not a new one, as we’ve seen in the stories of Enron,
WorldCom, and others. In a report released by bankruptcy court-appointed examiner Anton Valukas, Lehman
executives and the firm’s auditor, Ernst & Young, were lambasted for actions that led to the firm’s collapse. He said,
“Lehman repeatedly exceeded its own internal risk limits and controls, and a wide range of bad calls by its
management led to the bank’s failure.” Let’s look behind the scenes at some of the issues.
One of the major problems at Lehman was its culture and reward structure. Excessive risk taking by employees was
openly lauded and rewarded handsomely. Individuals making questionable deals were hailed and treated as
“conquering heroes.” On the other hand, anyone who questioned decisions was often ignored or overruled. For
instance, Oliver Budde, who served as an associate general counsel at Lehman for nine years, was responsible for
preparing the firm’s public filings on executive compensation. Infuriated by what he felt was the firm’s “intentional
under-representation of how much top executives were paid,” Budde argued with his bosses for years about that
matter, to no avail. Then, one time he objected to a tax deal that an outside accounting firm had proposed to lower
medical insurance costs saying, “My gut feeling was that this was just reshuffling some papers to get an expense off
Another problem at Lehman was the firm’s top leadership. Valukas’s report was highly critical of Lehman’s
executives who “should have done more, done better.” He pointed out that the executives made the company’s
problems worse by their conduct, which ranged from “serious but nonculpable errors of business judgment to
actionable balance sheet manipulation.” Valukas went on to say that “former chief executive Richard Fuld was at
least grossly negligent in causing Lehman to file misleading periodic reports.” These reports were part of an
accounting device called “Repo 105.” Lehman used this device to get some $50 billion of undesirable assets off its
balance sheet at the end of the first and second quarters of 2008, instead of selling those assets at a loss. The
examiner’s report “included e-mails from Lehman’s global financial controller confirming that the only purpose or
motive for Repo 105 transactions was reduction in the balance sheet, adding that there was no substance to the
transactions.” Lehman’s auditor was aware of the use of Repo 105 but did not challenge or question it. Sufficient
evidence indicated that Fuld knew about the use of it as well; however, he signed off on quarterly reports that made
no mention of it. Fuld’s attorney said, “Mr. Fuld did not know what these transactions were—he didn’t structure or
negotiate them, nor was he aware of their accounting treatment.” A spokesperson from Ernst & Young (the auditor)
said that, “Lehman’s bankruptcy was the result of a series of unprecedented adverse events in the financial
markets.”
Discussion Questions
i. Describe the situation at Lehman Brothers from an ethics perspective. What’s your opinion of what
happened here?
ii. What was the culture at Lehman Brothers like? How did this culture contribute to the company’s downfall?
iii. What role did Lehman’s executives play in the company’s collapse? Were they being responsible and ethical?
Discuss.
iv. Could anything have been done differently at Lehman Brothers to prevent what happened? Explain.
v. After all the public uproar over Enron and then the passage of the Sarbanes-Oxley Act to protect
shareholders, why do you think we still continue to see these types of situations? Is it unreasonable to
expect that businesses can and should act ethically?