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September 29, 2006

Respect for others is the issue of the day, Fri., Sept. 29, 2006, 8:29 AM

When it comes to the subject of pretext, H-P's former chair Patricia Dunn responded to a question during yesterday's Congressional hearing that until a couple months ago she had never heard the term.

But she knew it existed.

Even securities regulators are known to pretext. Take the front-running of mutual funds trades for example. The regulators called it "Market Timing". What a massive pile of crapola that pretext was.

The question today is how many S&P 500 companies are using pretexting to acquire information they otherwise wouldn't get? Does anybody really believe that Hewlett-Packard is the only one?

If you believe that's the case, I can tell you the equity market is not a place for those who suffer credulity syndrome.

I note that MarketWatch carried an article today about the cheating by MBA students. I'd like to tell you about the case involving an MBA student and pretexting that recently got me riled.

I received an unsolicited e-mail from a young woman who said she was graduating this year from a well-known university in Southern California. As part of her course work, she said she wanted me to give her a hand with research. After a couple e-mails were exchanged, and she made me think I was truly helping a young person in her MBA education, I agreed to complete her questionnaire.

First off, I was perturbed that control was taken out of my hands by an automated template that blocked my attempt to move through the pages to (i) see how long a process I was committing to, and (ii) if there were any "hooks" that had not been presented in the student's pitch to me.

I worked through the questions, all the time getting restless that this process didn't smell right. But I had to go through every question before turning to the next page, and as I had given my word I'd do it, I did it.

Then on the final page I got to see exactly what this exercise was all about. It was a sales pitch for a major financial services company. I was furious, and I wrote the student a flaming letter. I thought that would be the end of.

A day or so later, she replied, totally contrite in her admission that she had conned me. I decided to use the experience for good purposes. I explained to this student that if she had any hopes of succeeding in the financial world, she had never under any circumstances lose her good name, and with me she had lost it. I went on to say that in a business career she would be subjected to pressures beyond her imagination that would stack her personal values up against industry accepted names " like H-P for instance " but that when push ever came to shove, she had better take the high road, and, when the day comes, we all know in our heart what is the right thing to do.

This standing up for yourself will make waves. But don't worry; go ahead and make them when personal ethics are involved.

When I was working for Dominion Securities Investment Management Ltd (prior to the RBC take-over), I had worked myself in just 18 months from #38 to #11 on the totem pole in terms of seniority. But one day I came to the same conclusion that about 20 of my colleagues had before they departed. I (and others) believed we worked for a divisional president who was unethical. I decided at that point to leave the firm for an interesting offer I had from a smaller broker-dealer, but one that made me executive vice president in a situation where the president was the back office head. So, not to give the wrng impression, I was really leaving for a good opportunity rather than departing a bad one. I happen to think very highly of RBC Dominion.

During my exit interview with DSIML, however, I told the two directors (from other divisions) precisely what the problem was. I named names, gave dates and examples. They responded with the usual yada yada and I left.

A few short years later, the DSIML head was charged with screwing some 90-year old clients out of their money. This man had bought a monster home in the toniest Toronto neighbourhood and couldn't quite make the monthly nut on his monster mortgage. Ergo, he signed over some client cheques to himself and paid down his mortgage. He was discovered, charged and convicted.

I have always said that when it comes to money, people are funny.

In too many cases today, they forget about personal values " if they indeed had much to start with " and decide to go with the flow.

There is not a person who pleaded the Fifth in that H-P congressional hearing yesterday who should avoid the full brunt of prosecutorial attack. Criminality must be proven, but here's hoping it can be, and that the successful careers of those people are terminated.

And to those CNBC Fast Money "personalities" who said that Mark Hurd's performance was one of excellence, I say shame on you, and him. You know, and I know, that Hurd is in this thing up to his eyeballs. If the H-P Board of Directors doesn't terminate him, I'll just vote the company into the Hall of Shame.

Here is what the man said to the Committee, while live on international TV, when asked if he believed it would be legal for somebody to get access to his personal phone records on the basis of so-called "white" lies: "At the time I thought it was appropriate... in hindsight, I wouldn't have done it."

The answer is flat-out unacceptable.

I know it's a challenge at this time in America, but isn't it about time we addressed the issue of ethics and accountability.

If not, the cynicism and lack of respect for others will continue to escalate. The paradigm of "I'm gonna get mine" will become entrenched, if it's not already.

Posted by Posted by Bill Cara on September 29, 2006 08:29:46 AM | Category: Community Chat

Discourse

Amen.

When I was in business school, a particular student defended Microsoft's monopolistic practices vociferously, as if it was ethical and legal. As if they were good competition! The professor eventually stopped arguing with her because there was no changing her mind. Somehow, society is teaching some that there are no ethical or moral rules and it is everyone for himself, as if we are back in the days of the robber barons. America has become fractured into 300 million pieces, each fighting for their own, rather then working together to build a sum that is more valuable than the parts.

This generation also seems to put up with being lied to repeatedly and thoroughly. People seem to accept it as a feature of the system that can not be avoided. No one in senior management should be allowed to get away with approving unethical and criminal behavior and then lying about it publically. If they are willing to do that, they are willing to screw shareholders and employees. Guaranteed. I think that when hard times come, and they always have, honesty and integrity will be more highly prized. At least I hope so. Basic fairness is essential to the capitalistic system.

Posted by: moab [TypeKey Profile Page] at September 29, 2006 10:49 AM [link]

moab,

Indeed there should be "ethical or moral rules" that are hard, fast, defined, universal and absolute. But the question which then follows is, who sets the rules and on what premise are said rules based? I did my share of defending MS back in the day on a computer forum filled with well-educated computer geeks, many of who worked in IT and some who were absolute in their opinions as to the lack of business ethics by Microsofts. All the time proclaiming their objectivity, while taking a check from Apple, Oracle, Netscape, AOL, the DOJ and a host of others whose monetary well-being was determined by how much MS could be brought down.

So indeed, let us stand atop our soapbox and proclaim our staunchest and strongest desires to instill, enforce (and more importantly inculcate) tough, rigorous and well defined moral and ethical standards. Just make sure when you do so, you leave YOUR bias at the door.

Posted by: JB [TypeKey Profile Page] at September 29, 2006 11:14 AM [link]

Double and triple Amen.

Basic fairness should also be a cornerstone of a democracy. But when I see that the Congress refuses to take any responsability since 6 years, refuses to reign in an administration which brakes international law on a regular basis, a Congress which doesn't live up to its constitutional duty to oversee and control the government, then I'm not surprised to see this practice beeing copied in the world of business and universities. The fish stinks from the head...

Posted by: tinman [TypeKey Profile Page] at September 29, 2006 11:17 AM [link]

In the begining he (HP CEO) said he did not know about it or not involved. When more info came out, his answer was "I did not read the report" (and he is an operations guy). There is a new strategy : if you do anything unethical and get caught, just admit it (as if there is a choice) and suddenly you are "courageous", "hero" etc.. Most amusing thing was that stock went up after his testimony. Why would he do anything different in the future ?
I was listening to an author on CSPAN and one of his concerns with democracy was "corruption of language" e.g. pre-texting, option backdating, mutual fund timing, death tax, restructuring etc.

Posted by: ghosalb [TypeKey Profile Page] at September 29, 2006 11:17 AM [link]

Who comes up with these words - like "pretexting"? It's a polite way of saying "lying" or "stealing identity".

Such words come out of the blue, and then are all over the media - with nary a definition.

It's like "market timing", accounting "irregularities", "underfunding" pensions or "under-reserving" an insurance operation ...

"Technical" subjects ALL - (no ethics or morality or illegality involved!)

These terms soothe and smooth audience perception of the screw-ups, immorality, and crimes of the powerful, while the little people are said to "rob" and "steal" and "murder".

The little people get sent to prision for years just for possessing a few grams of personal-use marijuana!

While Martha Stewart is ALL over the TV again, a bigger celebrity than ever!

Posted by: Jock [TypeKey Profile Page] at September 29, 2006 11:28 AM [link]

JB -

I don't understand your accusation of bias. I was merely mentioning an anecdote of the refusal by someone to admit any ethical breach. Just because I MS was the subject does not mean I pick on them exclusively, though they are a monopoly and their competitors are not.

And there are no hard and fast moral and ethical rules, just like there are no hard and fast accounting rules. The letter of the law is often obeyed but the spirit violated. There are, however, hard and fast principles: fairness, free-speech, the rule of law, basic human equality. These are the only things that can be instilled in people. Peoples ethics come from their values.

The corruption of language is something I've noticed too, and it is having a very corrosive effect in the US. People talk about option backdating and mutual fund timing, rather than stealing from shareholders, in an effort to obscure the truth. Orwell has much to say about the degradation of language and whose purposes it serves.

Posted by: moab [TypeKey Profile Page] at September 29, 2006 11:51 AM [link]

"when asked if he believed it would be legal for somebody to get access to his personal phone records on the basis of so-called "white" lies: "At the time I thought it was appropriate... in hindsight, I wouldn't have done it."


When the CEO of a company DOES NOT stand totally against lying, the integrity of the entire company is at stake and the consequences ultimately affect the entire company.

Once you start down the path of using a "white lie" in the name of accomplishing something good, when do you start using "full lies"? What is the difference?

After reading his response to the committee.. Hurd should go. For the board not to do so contaminates the entire company.

Posted by: AlaBill [TypeKey Profile Page] at September 29, 2006 1:11 PM [link]

Integrity flows from the top.

An organizaton may have some stumbles along the way, but it's how they handle unethical & lack of integrity issues that determine its culture. CEO leadership is critical in setting this course.

Posted by: Seamus [TypeKey Profile Page] at September 29, 2006 3:03 PM [link]

moab,

Your post makes the assumption that all the accusations against MS are true and only the blind, stupid, biased and ignorant would claim otherwise. IMO, those traits run strong and deep on both sides of the issue. So before we start making personal observations that we claim to be fact, one should state the operating premise of their analysis. I found most of the core arguments against MS to be flawed, biased and of a given ideological bent. let's start with "monopoly", are you using the word in it's classical economic sense (orginal definition) or it's modern legal definition?

I debated this with a DOJ lawyer back in 2001, if interested, you can read it here:

http://tinyurl.com/agtcl

JB - me

Santilli - is the DOJ lawyer (he arrives on page 4, he surrenders on page 5) and yes we had debated this before

Paul Hill - worked at the time for MS

Venture - wrote printers drivers for HP (IIRC)

Man With No Head - was an Oracle guy (again, IIRC)

I dropped out of the discussion on Sept 11 for obvious reasons.

MS, the villian of the ninties.
WalMart, the current villian of choice.
For the next decade? My guess is Newmont, Goldcorp or some other gold mining company.

Posted by: JB [TypeKey Profile Page] at September 29, 2006 4:09 PM [link]

I listened to the testimony live all day. Never watch CNBC.

My view as a former technology analyst, very familiar with HP:

Patricia Dunn was defiant and evasive.

On the other hand, Mark Hurd, admitted he should have caught it.
Keep in mind that MH was relatively new in the HP organization, which was stacked with original Silicon Valley types who had well-established connections, turfs, culture, egos etc.
MH initally focussed on what was important to HP -
organizational and financial issues. Besides, the Chairwoman of the Board took responsibility for the "leak probe" (did not admit it tho). If I was MH, I would have done the same . . worked on the bigger, higher priorities first . . delegate as much as you can.
I came away from the hearings giving MH full marks. Brilliantly handled the whole session. He took charge, said "I am responsible", "I slipped", "I will fix it".

What more do you want ?

I am very familiar with hi-level politics, turf wars, egos etc at a very large US bank.

mano

Posted by: mano [TypeKey Profile Page] at September 29, 2006 4:15 PM [link]

JB -

I am not assuming all the accusations against MS are true, nor do I have a bias. I am, however, relying on court rulings. Microsoft was convicted of monopolistic practices. The appeals court altered the decision but upheld parts of the monopolization ruling. The Bush administration sought a lesser antitrust penalty that the Clinton DOJ asked for. Are those not the facts? Did the EU not rule against Microsoft in another antitrust case, fining them a record 1/2 a billing euros?

MS was found guilty of antitrust practices in two different jurisdictions but I can not use the term monopoly to describe them at the time? Talk about redefining words...

Posted by: moab [TypeKey Profile Page] at September 29, 2006 5:53 PM [link]