Posts Tagged ‘legal’

Why Ethics Is So Important In Office Politics?

admin | Friday, July 31st, 2009 | No Comments »
Why Ethics Is So Important In Office Politics Why Ethics Is So Important In Office Politics?If, you thought you could quietly go about working long hours with dedication, not bothering about others around you… and yet be successful,then welcome to the real world where only job competence or hard work is not quite enough for achieving success.
Don’t many employees with stellar records and all the necessary technical capabilities routinely lose out on lucrative projects, pay raises and promotions or are even fired for mysterious reasons, all attributable to ‘office politics’.

Oh! office politics – the bane of working life. It comes in whenever you have to deal with people and is a little similar to the peer pressure you thought you left behind in school. There is no getting away as manipulative office games impact your work environment, job effectiveness and also how others percive you. You may shout at yourself that, ‘I want to stay out’ or cry, ‘Leave me alone’, but everyone gets dragged in by hook or by crook.

In fact, politics is everywhere – it is the personality of the company and about the way things are done. So, you can’t escape by quitting your job either. Politics will follow you and the next job may just be worse!

Any time you work with human beings, you are a subject to the complexities of relationships, trust, credibility, communication, and the other nuances of getting other people to do what you want them to, or not do what you don’t want them to!

Hence,make it work for you

Its been rightly said that, “”The only losers in office politics, are those that refuse to play…”" The stakes are high and you have no choice but to figure out how to be politics-savvy to save both your job and steer your career in the right path. It does not have to be bad either – you can do it right with diplomacy and coalition building. And, once you master the social dynamics of dealing with people and getting things done, you can not only survive in political situations but also use it your advantage. A few tips on navigating the political waters:

Build relationships – Build working relationships with people around you, be it co-workers, managers, customers, suppliers, receptionists, consultants or HR. Find a common ground like mutual interests to connect with others. Draw on your social skills and be nice to people always.

Let them get to know you by being approachable, empathetic, showing genuine interest and appreciation.

Network well and persevere in helping others get what they want. It’s all about fitting in and winning trust, as your ‘friends’ will surely support you, side with you and even root for you. You can count on them and even seek their counsel if needed.

Dont backbite – Participate in badmouthing colleagues, criticising supervisors, spreading malicious rumours or making people look bad and you will only get it back in spades. Keep yourself unattached in office gossip without taking any sides.

Instead of backbiting someone, clear differences, disputes or misunderstandings by talking it out directly with the person involved. Similarly, do not indulge in futile whining and complaining sessions; seek constructive criticism that can help you improve.

Raise objections – While you should not play dirty to advance your own motives or hinder others, do not let people take advantage of you either. Only if you value yourself and your skills, will others respect the same.

Be assertive when required and raise firm objections to any opposition or nasty behaviour. For instance, if someone is badmouthing you, confront him/her with a level headed discussion, and you may just get them to make amends.

Blow you own horn – In today’s times when most employees are expendable, you have two jobs – your regular job and your other job of chief promoter or chief salesperson of yourself. Cultivate a positive, simple and accurate image by being seen in the right way.

Publicise your accomplishments and let the right people know about the great job you are doing. Take pains to preserve a professional image, ethical reputation and credibility.

Last but not the least, office politics is part and parcel of the corporate game.

So, take it in a light-hearted stride without giving in to stress or emotional outbursts.

On balance, it’s all about power, politics and influence. It can even be said that people are hired for what they know and fired for who they are.

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Tags: ethical, ethics, politics, law, legal

Ethics Violations – Storm Debris Pile And Scoundrel

admin | Friday, July 31st, 2009 | No Comments »
Ethics Violations Storm Debris Pile And Scoundrel Ethics Violations   Storm Debris Pile And ScoundrelEveryone knows that hurricanes and major storms bring with them a rising tide of flood waters, torrential rains, and high winds. The damage left behind is measured in millions, if not billions, of dollars. While many well meaning people and legitimate companies move in to lend a helping hand, enough scoundrels find their way to the damage zones and prey upon vulnerable home and property owners.
Scoundrels take many forms. Looting is common in evacuated communities. Looters are opportunists who see an opportunity and take it – along with whatever they can get their hands on. Other scoundrels include unlicensed or out-of-area contractors who want to make a fast buck – often by overcharging for services, performing shoddy work, or flat out taking your money – never to be seen again.

What other types of scoundrels descending upon your disaster area? Be wary of anyone going door-to-door promising quick fixes or asking for cash up front. Legitimate contractors and public insurance agents have plenty of legitimate business and shouldn’t need to go door-to-door. It’s not uncommon for scoundrels to pose as contractors, ask for a cash advance for “materials” and then disappear with the receding flood waters. Even those contractors and agents that are properly licensed and ready to work may not be the best choice. Inflated prices and sketchy warranties are reason enough to find your own contractor through trusted sources.

While looters may be locals and other scoundrels may come in from nearby towns and states, long distance scoundrels are ready to exploit the situation – and they may be half a world away. These reach far beyond the disaster area, targeting the goodwill of charitable people wanting to help. Online scams, phishing attempts, and e-mail campaigns soliciting donations are designed with one thing in mind: lining the scoundrel’s pockets.

In the first few days following a major disaster dozens of related domain names are typically registered. Whether these web domains belong to legitimate relief agencies or contractors isn’t always apparent upon first glance. Like phishing web sites, it’s not terribly difficult to publish a professional looking Web site in a matter of hours. With savvy search engine techniques and a huge audience of people wanting to help, the Web sites operated by scoundrels are sure to turn over a quick buck or two before being discovered (if ever) by the authorities.

Offline scams in the immediate disaster area and online scams extending from all corners of the globe are more common than you may think. Whether you live in the immediate disaster area or are a concerned citizen living elsewhere, it’s important to be skeptical and consider the possibility that the person knocking on your door or the e-mail that arrived in your inbox is either a scammer or a scam.

What should you do to prevent being the scoundrel’s next victim? Remember that scammers can be personable, professional-looking, and downright charming. Phishing messages and phony Web sites are designed to look like the real thing and pull on your heart strings. Rather than allowing contractors, relief agencies, and public insurance adjusters find you, you find them – through legitimate avenues. This means asking trusted sources for referrals, using companies you’ve dealt with in the past, or doing a great deal of research before agreeing to any work, contract, or donation. This also means never paying cash up front and asking for (and calling) references. Other steps that you can take include checking with the Better Business Bureau, checking with your state’s contractor licensing or insurance licensing board, and checking with charity watchdogs to find out if the contractor, public insurance agent, or charity has any complaints on file, is properly licensed, or is a legitimate organization.

Scoundrels are everywhere but they love to descend upon areas that are ripe for exploitation such as areas devastated by flooding, hurricanes, tornadoes, wildfires, and earthquakes. No matter what disaster has affected you, beware of the scoundrels that are sure to emerge from the debris.

Dryout® Inc.

Dryout Inc Emergency water damage restoration, drying, deodorization, decontamination, disinfection, mold removal, water and fire damage repair services by a network of trained specialists, technicians and restoration professionals across the USA and Canada.

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Tags: issues, ethics, ethical, business, legal

Overnight Cash Gifting Programs In Legal Ethical And Religious Views

admin | Friday, July 31st, 2009 | No Comments »
Overnight Cash Gifting Programs In Legal Ethical And Religious Views Overnight Cash Gifting Programs In Legal Ethical And Religious ViewsMost cash gifting programs try to get around the fact that cash gifting is illegal and a scam because of the following two reasons when describing what is cash gifting:
a) They tell people who are looking at their overnight cash gifting program scam that they have hired an attorney – and that their attorney has assured them that the program is fully illegal, oops I meant legal.
Or
b) They will tell you that their overnight cash gifting program have found a loophole. They have discovered that there is a loophole in an IRS (Internal Revenue Service) document – known as publication 950 – where apparently people can legally make a legal gift to another person of up to $12,000 annually with no issues whatsoever! Also, that married couples can gift to any individual up to $24,000 per year with no issues or legal repercussions.
The underlying real truth is: They are being deceptive and misleading.
The FTC has clearly stated that any attempt to make gifting look legal (by using IRS publications like the one mentioned above) is merely an attempt to make an illegal transaction look legal, which is fraudulent.
Like most illegal scams, they purely work on people’s greed or desperation. People are not giving money as a gift without any expectation of financial gain. They are giving total strangers money because they are absolutely expecting that they are going to see a return on their investment. This point can easily be proven in court just by viewing their capture page, thus making cash gifting 100% illegal. Why are everyone required to sign a special document stating you are giving freely without any expectation.
Well, for this reason, I would like for you to read the following paragraphs very closely.
The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, he is obeying the literal interpretation of the words (the “letter”) of the law, but not the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, he is doing what the authors of the law intended, though not adhering to the literal wording.
“Law” originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language.
Regardless of what anyone says to you, cash gifting programs are illegal.
You can prove me wrong by attempting to market this type of transaction to your local police authority or attorney general. Then ask them to sign a document that says ‘their gift’ to you is voluntary and made without any contemplation of return on investment.
Think about the following three why statements below before sending out your gift:
# Why do you think that most of the founders and top producers in the cash gifting money proof videos never show their face or use false identity? (Oh, you didn’t know that?)
# Why do you think most cash gifting web sites & conference calls are either password protected or by invitation only?
# Why do you think that cash gifters insist that you sign a document that says you are making a gift without any contemplation of making money yourself?
Know this: If you succumb to cash gifting – you are breaking the law!
Many of you know that I am a strong believer and I am a man that sincerely attempts to follow the Word of God. That being said, I would like to share my perspective as a Christian.
Clearly, we know that gifting programs have been called illegal by the police authorities. In other words, gifting programs have been called illegal by the laws of man.
So what does the Bible have to say about following the laws of man?
I think that the bible makes it unquestionably clear that Christians are to obey the laws of man as long as they do not conflict with God’s higher laws.
However, the Bible does not actually say worldly laws but it does mention obeying your leaders. In Hebrews 13:17 “Obey your leaders and submit to their authority. They keep watch over you as men who must give an account. Obey them so that their work will be a joy, not a burden, for that would be of no advantage to you.”
We understand that human governments are never to substitute for God’s laws, but God allows
them their place because He knows there must be relative order.
Romans 13:1-2 tell us to be in subjection to the superior authorities even as we are to God. Further, we are to be in relative subjection to kings and governors as they have their positions due to God’s allowance. (1Peter 2:13-17)
Considering not participating in any practice that may appear illegal as obeying God, including obeying civil laws, tax laws and traffic laws as the same whether someone is watching or not. That is part of what Christian integrity means.
Nevertheless, when man’s laws conflicts with God’s laws (as when early Christians were ordered by Jewish and Roman courts to stop preaching about Christ) did Christians refuse to follow the law. (Acts 5:41)
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Tags: law, legal, business, ethics, ethical

Ethics In Law – Bankers Plead Guilty To Crimes They Did Not Commit

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Ethics In Law Bankers Plead Guilty To Crimes They Did Not Commit Ethics In Law   Bankers Plead Guilty To Crimes They Did Not CommitRecently a curious phenomenon has risen to the attention of the American public. Why do people plead guilty to crimes then profess their innocence? Or, to put it another way, why would someone plead guilty to a crime they did not commit?
Several bankers from England recently plead guilty to a Federal indictment and received prison sentences. All of the bankers plead guilty and did not go to trial. As part of their plea agreement they were permitted to serve their prison sentences in England. Why does this case matter?

None of the bankers agree that they committed a crime. They now claim that the only reason they plead guilty was to avoid the risk of going to trial and facing a prison sentence in the US. The press in England is paying attention to this case and so should we.

In another case that received scant press attention, an executive tried to plead guilty to a crime. He did not want to go to trial because he feared receiving a lengthy prison term. The judge would not accept his guilty plea. This man walked into court expecting to be sentenced to prison. He had been charged with a crime that he did not think he committed. He knew that he had very little chance of being acquitted in today’s environment. He knew the prosecutors had no concern whether he may actually be innocent. And he surely did not want to risk getting a prison sentence that would have ruined his life. So, he marched into court to plead guilty. The judge rejected his plea deal when he admitted that he did not think he committed a crime.

So this poor guy is now going to have to go to trial under circumstances where his chances of prevailing are almost nonexistent, in a system that most fear gives longer sentences to those who go to trial.

The statistics for the percentage of people charged with a federal crime who end up spending time in prison are overwhelming. Over 90% of all people charged with a federal crime end up convicted. Virtually everyone who goes to trial looses. And over 80% of everyone convicted of a federal crime spend time in prison. Those numbers are staggering.

Even more staggering is the risk of lengthy prison terms. And whether true or not, the belief is that courts issue higher sentences to those who go to trial rather than accept a plea deal.

Under the federal system, one of the most important factors in determining the length of a prison term is the amount of money involved. In drug cases there are mandatory minimum sentences, usually over 10 years. In cases involving money — business cases, investment cases, anything involving property — it doesn’t take much money to send sentence lengths soaring. And the requirement of proof beyond a reasonable doubt does not apply when determining the amount of money involved in a crime.

For these reasons, reasonable people will agree to plead guilty to a crime they did not commit. The risks of going to trial, the risk that a court can find that your supposed crime involved substantial amounts of money, are too great.

The bottom line is that, if you are charged with a federal crime, you are probably going to go to prison. Guilt or innocence are luxuries. If you have been charged with a federal crime your first thought should not be that you are going to fight because you are not guilty. And heaven forbid, if you are guilty, you should not risk going to trial. Your first thought should be how to keep your prison sentence to the absolute minimum. Leave the question of guilt or innocence to the academics. Make sure your sentence is short enough so you can pick up the pieces when you are released.

Federal Prison Inc.
We Prepare White Collar Defendants

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Tags: unethical, practice, law, legal, business

Why Ethical is First For Your New Business

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 Why Ethical is First For Your New BusinessBusiness Law Before you start a business, legally, you need to obtain any business licenses or permits required by law. Doing so will identify your business, protect public health and safety and help you keep track of your finances for tax purposes. The application for an employer identification number (EIN) is available at the IRS website; an EIN is required for corporations, LLCs and partnerships, as well as any sole proprietors who will hire employees. Unless your company’s service or product is regulated by a federal agency, you probably won’t need any federal licenses or permits. However, things like public transportation, investment advice, or producing drugs or firearms, require supervision by a federal agency and you will need special licenses. If, for example, you will become involved with environmental regulations at the federal level, you’ll need to deal with the EPA.
State Business Licensing Laws States license people in certain professions, such as lawyers, doctors, and accountants. Your state might also require a license for certain other businesses such as barbers or real estate agents. You should check with your state to find out if your business requires a state license or permit. Selling certain products including alcohol and lottery tickets might also require a state license.

Your municipality might require a license or permit for your business. Check with your city or town to find out about zoning laws to ensure that you are allowed to conduct business in a particular building like your home or the storefront you rent. If you are involved in retail sales, you will also have to pay state and local sales tax. Depending on your city, this could be done at the state level or both the city and state levels.

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Tags: ethical, issues, law, legal, laws

Value Ethics Can Be Different in Different State, so Words

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 Value Ethics Can Be Different in Different State, so WordsA few months ago, I was given a bar of soap from a very well know high-end chain store. The person who gave me the soap knew I worked with this type of product and wanted to give something she thought I’d like.
I looked at product, liked color and fragrance, put it on a shelf, and honestly forgot about it. The other day, needing a new bar of soap, I found the bar and decided to use it.
Reading the back, it gave the name of the company with their motto, “From the Heartland of America.” The very next line read, “made in Guatemala.”
So when, may I ask, did Guatemala become a “State?”
And, on top of that, once I took the clear wrap off, I was disappointed in the soap itself.
To anyone who has used M&P, you will understand. To all others M&P means Melt & Pour. You go to your local craft store, buy a base, heat it up and pour into molds of choice. Nice way to have decorative soap without the hassle and having lye around the house.
So, this soap looked like someone had used M&P, added color and fragrance. Because it came from this well know chain, I was curious about what the cost was and decided to go to my local mall to check out the price for myself. $8.00 a bar, only one word for that, RIP-Off! OK, so that’s two, but who’s counting.
Now, please don’t get me wrong, I’m all for fair trade, but to say the product is from the heartland of America, than have the very next line read “Made in…….,” sounds a little false advertising to me.
Company headquarters, yep, in the heartland of America, but Guatemala? Maybe my sense of geography is playing tricks on me. Last time I looked at my map of the world Guatemala was in Central America, or have we annexed it, so that it is a protectorate like Puerto Rico and Guam? If so, then yes, it can then say, “Made in America,” or for that matter from any region of this great country.
But, maybe I’ve read it wrong, they were on two separate lines. Just maybe in my old age, I’m beginning to run words together. But to read From the Heartland of American, then to read Made in Guatemala, simply does not ring true.
Producing products outside of the USA, may save companies money by paying less for wages, but why not pass that savings to the consumer. If they can give retiring executives retirement packages worth millions, why not give a little back to the average buyer.
High-end products are nice, but when money is running low, guess I will not be going to the mall for my soap. The best soap I’ve used has been made by a friend, the old fashioned way. In fact, my son swears by her Goat’s Milk Soap.
Since “made in …..” has become our 53rd state, wonder if I can save money but shopping there?
Copyrighted 2006
Michele Winslow
Owner: Gaia’s Breowan, Inc.
Find us at http://www.ladyoftheherbs.com
When word gets around about your command of Ethical facts, others who need to know about Ethics will start to actively seek you out.

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Centre for Ethics in Business is About 4 Costumer Rights

admin | Thursday, July 30th, 2009 | No Comments »
Centre for Ethics in Business is About 4 Costumer Rights Centre for Ethics in Business is About 4 Costumer RightsThe following four rights are the basis of much of the consumer-oriented legislation that has been passed during the last thirty years. These rights also provide an effective outline of the objectives and accomplishments of the consumer movement.
- The right to safety

The consumers’ right to safety means that products they purchase must be safe for their intended use, must include thorough and explicit directions for proper use, and must be tested by the manufacturer to ensure product quality and reliability. Business firms should also be aware that consumers and the government have been winning an increasing number of product-liability lawsuits against sellers of defective products. Moreover, the amount of the awards in these suits has been steadily increasing. Yet another major reason for improving product safety is the consumer’s demand for safe products. People will simply stop buying a product they believe is unsafe or unreliable.

- The right to be informed

The right to be informed means that consumers must have access to complete information about a product before they buy it. Detailed information about ingredients and nutrition must be provided on food containers, information about fabrics and laundering methods must be attached to clothing and lenders must disclose the true cost of borrowing the money they make available to costumers who purchase merchandise on credit. In addition, manufacturers must inform consumers about the potential dangers of using their products.

- The right to choose

The right to choose means that consumers have a choice of products, offered by different manufacturers and sellers, to satisfy a particular need. The government has done its part by encouraging competition through anti trust legislation. Competition and the resulting freedom of choice provide additional benefits for costumers by reducing prices

- The right to be heard

The forth right means that someone will listen and take appropriate action when costumers complain. In fact, corporate management teams begun listening to consumer complains after the end of World War II when competition begun again to increase. Today, businesses are listening even more attentively and many larger firms have consumer relations departments that can be easily contacted via toll-free phone numbers. Actually, one of the services every consumer today expects to receive from the companies he or she selects to purchase things from is consumer support.

Jonathon Hardcastle writes articles on many topics including Consumer Information, Employment, and Business

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Ethical and Legal Issues – Cheating the Government And How They Will Catch You

admin | Thursday, July 30th, 2009 | No Comments »

 Ethical and Legal Issues   Cheating the Government And How They Will Catch You“Introduction

There is no such thing as a free lunch. There is a vein of gold in that old saying. And yet, that doesn’t stop many from trying to get something for nothing. Entire generations have grown up now trained to depend on the government for support whether it be through food stamps, skewed tax credit laws or welfare. The price they pay in dignity, respect and freedom is barely noticed by many of them. And yet, even with those who are truly in need or who truly deserve the help there are many more who look for ways to scam the government for funds.

Each one of them is convinced they have found the fool-proof way to scheme Uncle Sam and in many cases they get away with it temporarily. Though there are many variations on the overall themes, each will generally fall within one of five categories.

1. EIC Fraud
2. “”Under the Table”" Payroll
3. Falsifying of W-2 or 1099 information
4. Clustered Nest
5. Multi-Level Marketing Tax Evasion Methods

EIC FRAUD

Earned Income Credit is a refundable tax credit meant to help working single parents. Normally, the way a tax credit works (nonrefundable) is that if an individual has paid $5000 in taxes for the year and qualifies for the $10,000 tax credit, they can only receive the $5000 they paid in taxes. If the individual paid $0 in taxes, the tax credit could be as much as $50,000 or more and they would get $0. With the refundable tax credit, the individual isn’t required to have paid taxes to get the earned income credit added to his or her refund amount.

It works on a sliding scale where the EIC climbs up to it’s maximum (usually around $15000 in earned income) and as the income climbs above $15,000 the EIC slides down. Maximum EIC is usually around $5500. Finally at about $28,000, the EIC has decreased to $0. As someone who spent several years preparing taxes in the lower income bracket neighborhoods, let me tell you that there are those whose whole year is planned around receiving this huge check of taxes taken from those who pay them and given to those who won’t. EIC is given only for your first two children from birth to age 17.

The ‘married or unmarried’ couple with four kids will go in to a tax prep office, separate ones if they are experienced at this. And though each lives in the same house, each one claims the Head of Household status, which increases the amount they can deduct off of their taxable income and with each of them claiming EIC they can receive a checks totaling up to $10,000 for end of year tax filing season. The Head of Household is supposed to be for those who are receiving no other support from anywhere else. The Head of Household must be providing for that Household, so if there is a boyfriend, girlfriend, spouse, parent etc living there, they cannot claim that designation.

These cheats will do this for years before they are caught, but having been caught, they are not allowed to claim EIC for ten years following a fraud investigation. They will then have to pay back incorrectly paid EIC and pay penalties for fraudulent returns on top of that of up to 75% of the amount that the IRS was defrauded.

How They Get Caught

Every time an individual opens a bank account, purchases a car, or rents or buys a home there is a little note made that identifies their Social Security number with that transaction. Obviously someone whose earned income doesn’t reach over $15,500 isn’t going to go buy a $35,000 vehicle, or a $200,000 home. These cheats do not realize that they are putting a huge target on their back that screams, “”Audit Me!”" to the trained IRS auditors. You can’t have it both ways and claim to make enough income to pay off your purchase on credit and then on another form claim that you didn’t make enough money to pay taxes.

There is a storehouse of this information, and the IRS does take note of logical errors. Example; A man came into my office and told us proudly that he was the father of nine children with seven different women and that his total income for the year was under $3000 and he wanted to claim half of his kids before their mothers did so he could get the refund first. There is no way on this earth that a man on his own can pay for food, rent and gas on $3000 annual income. And he wanted to claim that he supported these children too? He went to prison a year and a half later, but I hear his kids are doing just fine without him.

Under the Table Payroll

Whether it be because the worker is illegally living here in this country or because the employer doesn’t want to bother with payroll taxes, a growing number of small businesses are paying in cash. And since their employer isn’t reporting it, the individual employee sees an opportunity to cheat the government. (In some of these cases, these individuals are engaging in illegal activity through which they make all their cash. Drug dealing, prostitution, etc.)

The first caution here is that this arrangement is illegal. The second is that it is dangerous. Illegal because there are certain state requirements for employment that cannot be met or measured without records. And, dangerous because this is how most employers get around paying worker’s compensation insurance. An injury on a jobsite where all is done ‘under the table’ will usually receive sub-standard care for fear of reporting the injury to a hospital or qualified doctor.

How They Get Caught

In much the same way that those who are cheating EIC, every legal transaction they make puts one more flag on a case that would not have one otherwise. If they are making money they are not reporting, they will have a hard time explaining how they are making $900 a month in mortgage payments when they only claim to earn $500 and that they are the sole provider of support for that household. As the Zen Master would say, ‘all things are connected, and yet not all things are the same.’

Falsifying of W2 or 1099 Information

It is relatively easy to purchase a pack of blank W-2′s or 1099′s and ‘create’ your own income. Usually the cheaters use a legitimate EIN number of a legitimate business that they have worked at temporarily or that a friend or relative has worked at and they create a W-2 that gives them just enough earned income to get the EIC credit. By the time the ruse is discovered, the cheaters have cashed their super fast refund checks and left town. Electronic filing prevents some fraud, but it makes others so easy.

The legitimate business owner then is left to explain why he or she didn’t pay employment tax on these individuals who faked these forms. The IRS seems to move much slower when you are the one who has been wronged. It could mean paying penalties on payroll taxes that were never supposed to be filed anyway.

A lot of those people using this particular scam are illegal aliens and do not have a legitimate social security number anyway, those that are legal citizens, and yet, cheaters anyway, eventually move and forget the crime they have committed.

How They are Caught

Once this particular fraud is forgotten, one day they will have to use their social security number for a job, a loan, or college application. At that point, they are nailed even though it may be five or more years later. Offenses of this type earn prison time.

If it is an illegal that is cashing this check, it makes it more of a challenge. Typically, an illegal does not have a checking account to use to cash this check, so they must go to a check cashing store. It is there that they must produce ID, addresses of references and some employment information. What a lot of people don’t realize is that all the checks you receive and cash have clearly identifiable stamps showing where and when the check was cashed, deposited and processed. If the illegal is still in the same area when the IRS does get up and start investigating, it doesn’t take too much to find them.

The Clustered Nest

Using the same principle in the first EIC fraud of a couple living together in the same place and each claiming Head of Household and EIC for each of their four children, the clustered nest describes what happens when that is taken to extremes. Where there are four or more families within the same residence each claiming HOH and EIC for their group of kids. This is common in heavily Hispanic areas where the families are actually able to get along with each other in close quarters. Often the children are swapped back and forth amongst the relatives to get the maximum benefit of the tax refund.

How They are Caught

In doing background checks there are areas and addresses that are automatic ‘red flags’ of fraud. They are called ‘high risk’ areas, high turnover, a transient population, hotels, apartment complexes, etc. When an address has ever been used as a ‘clustered nest’ where more than one family is claiming residence at the same time, that location is flagged. Eventually the addresses are matched together with dates and times people are claiming residence and sole ownership of the Head of Household title. As long as the entire family moves every three years, they could keep this up for many years. But once an area has been ‘flagged’ so too are any social security numbers using that address.

Multi-Level Marketing Tax Evasion Fraud

Lately there has been a group promoting an old idea they tout as being “”new”". This group stems from a MLM that sells legal insurance plans and a big part of their business is in recruiting other representatives. As the steam has gone out of their engine in the past seven years, it is getting more and more difficult to recruit smart people into these pyramid schemes. So their approach has changed to deemphasize the MLM aspect and sell them on the benefits of being able to deduct expenses they already have by opening their own business.

Most W-2 earners as they call them, don’t have time to work 40-60 hours a week and put in another 10 – 20 on an MLM. So the approach is this, let me show you how to deduct those expenses you have now anyway and save you money on your taxes. When you own your own business you do get to deduct losses, home office expenses and a percentage of your utility bills depending on the size of the home office.

So now they have otherwise smart people joining this pyramid MLM group, not to advance within the MLM, but to deduct all the losses they will have pushing these pre-paid legal insurance plans on their friends and family. There are several things wrong with this; First, your business needs to be in operation for the purpose of making a profit, NOT for writing off day to day personal expenses. Second, there are rules and regulations for home office and vacation deductions that these ‘fake tax experts’ don’t bother explaining to their new recruit, which easily lead to the deductions being disallowed and the penalties and fees start rolling in. And third, these so called tax experts are the furthest from being experts that one could be. A weekend training class does not a tax expert make.

How They Get Caught

The chief inspiration behind this devious scheme deftly avoids investigations and prosecutions. The pre paid legal insurance company however, seems to attract investigations constantly. Experts in corporate fraud have cited several red flags that show a company is ripe for fraud to be committed on the corporate level and this particular company is at that point. Since it is difficult to hold the corporation liable for the outlandish claims of its’ sales force, there will continue to be people sucked into this ‘incorporate yourself’ scheme that has been around for over 30 years. The good news is that the eyes of the corporate fraud experts are on them and soon there will be a slip up. Gee, I hope they know a good lawyer.

David Roberts, CFE, CQBPA, MBA, lives in Kissimmee, Florida with his four girls, three dogs, two snakes and one wife. He has been a member of the Association of Certified Fraud Examiners for five years and has been studying fraud for longer than that. He is the owner of Homesoon Accounting Services which specializes in Quickbooks Consultations and Fraud Prevention and Detection.

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Tags: ethics, legal, issue, articles, moral

Ethics Application: Unbelievable Credit Card Abused by Government Workers

admin | Thursday, July 30th, 2009 | No Comments »
 Ethics Application: Unbelievable Credit Card Abused by Government WorkersIn business management classes across the country MBA students study business ethics. In fact, there are now MBA degrees available that are called Ethics MBAs. But in the real world how ethical is the business community? How ethical is our own government?
How many business travelers for their corporations charge personal items to their credit cards of their corporations? Corporations watch this very closely to make sure everyone follows the rules. Not everyone follows the rules and often there are people who go to extreme lengths to hide their misdeeds.

From a business ethics standpoint corporations and their workers are much more honest and forthright than those who work in government. In fact government credit card abuse at all levels of government is at an all-time high. It is so bad that the federal government actually had to make another law to try to curb the abuse of government credit cards. Has this new law helped?

Actually it looks as if it has on paper audits but in reality those fine folks in government still abuse their government credit cards, which is taxpayers money. The problem is so severe and the punishment so little that nothing is really being done. That is to say the problem is running rampant still.

Simply instituting controls and checks and balances on government credit cards does not alleviate the fraud. Dishonesty in government is the norm and although many people believe that those who work in government are of less IQ they are still clever enough to beat the system and steal taxpayers money.

From an MBA standpoint of fiscal management this is a good case study. A piece of corporate credit cards or government credit cards must be followed up on. It is essential to make sure that the purchase is made by government employees are indeed for a facial government business and not personal pleasure; such as gentlemen’s clubs, personal car washes or a dinner for a family of four for personal use.

It appears we cannot trust those fine folks in government and it is about time that we enforced the letter of the law on to the government and the workers who think they are above it. Consider this in 2006.

“Lance Winslow” – Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; WorldThinkTank. Lance is an online writer in retirement.

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Tags: ethical, problems, business, legal, ethics

Ethical Legal Issues: Government Credit Card Abuse

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Ethical Legal Issues Government Credit Card Abuse Ethical Legal Issues: Government Credit Card AbuseThe widespread government credit card abuse has forced the federal laws to change to protect the American taxpayers money as government workers would violate the trust of the American people and spend money, which is supposed to be used for official government business.
The Government Credit Card Abuse Prevention Act of 2006′ has so far it not been able to cure the fine folks in government from cheating us and stealing taxpayers money. When a government worker it uses a government credit card for expenditures of personal use they are stealing and yet we are not putting these people in jail but rather reprimanding them and in many cases not even taking away their government credit cards. Does this mean the American taxpayer is forced to endure widespread government credit card abuse?

I find it ironic that we already know that stealing is against the law no matter who you are and we are told that no one is above the law. But apparently those people who work in government do not believe they are to follow the law in Washington, DC and this is the exact attitude that is causing problems. We need to start putting people in jail for stealing in our government.

There are so many cases including law enforcement, the Justice Department and many agencies, which are supposed to help the American people doing this. And it yet we still do not have this problem solved. Why do we need another law or federal legislation to prevent government workers from stealing? Why can we trust our own government and why should we listen to them when they are ripping us off blind?

I wish someone would answer my question because I believe trust in your government is a very important thing for the ongoing vitality of our nation. Perhaps I am just naïve and belief in a dream and bought the story of a noble government; hook, line and sinker? Let us remove the crime and the rotten core of dishonesty, misrepresentation and fraud from Our government. Please consider this in 2006.

“Lance Winslow” – Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; WorldThinkTank. Lance is an online writer in retirement.

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Tags:ethical, problems, legal, potential, ethics

Management Ethics Training, Stealing Marketing Ideas from Your Competitor, Is it Ethical?

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Management Ethics Training Stealing Marketing Ideas from Your Competitor Is it Ethical Management Ethics Training, Stealing Marketing Ideas from Your Competitor, Is it Ethical?Marketing is one of the most important aspects of running a business. Marketing could make or break a business. That’s why it is important to get it right, especially if you’re on a limited marketing budget.

Perhaps the easiest way to get your marketing strategy right is to do what your most successful competitors do. But would you steal marketing ideas from your competitor? Is that ethical? There are patent laws, copyright laws, trademark laws, and other laws that make it illegal to steal or to use certain things that belong to another company. But there aren’t any laws that say you can’t use the same marketing techniques that your competitors use.

In fact, some of the most successful business start-ups use other people’s marketing ideas. They use what’s tried and true rather than thinking up new marketing ideas, which may have a higher probability of failure. A winning marketing plan of one form has a higher probability of being a winning marketing plan with a related firm.

Would you do it? Would you steal marketing ideas from a competitor? Perhaps it’s a matter of business ethics for you? Maybe you consider yourself ethical and you don’t steal no matter what. If so, your cognitive dissonance would probably prevent you from stealing marketing ideas. Or, perhaps stealing marketing ideas is not really stealing. Maybe marketing ideas have no ownership and all is fair in business competition. In the end, it’s up to you.

Tino Buntic created TradePals to provide free advertising to business professionals, entrepreneurs, freelancers, salespeople, and trades people across North America. Visit the site and create a professional profile to get started.

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Tags: ethical, issue, business, legal, ethics

Ethical Law: How Dishonest is Your Competition?

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Ethical Law How Dishonest is Your Competition Ethical Law: How Dishonest is Your Competition?If you’re in business you know that often the competition can be quite dishonest and often they will go to lengths to hurt your business. In fact in all my years in business I have seen just about every single trick they can possibly be played against me. Every single tactic, bad mouthing and you use of even government agencies to attack.
In the 27 years in business I have seen by competitors use Associates in business to help them in getting information. I have watched competitors try to go through thru vendors, bankers and VC. I have seen customers who were not actually customers pretend to be somebody they were not simply to get information, brochures, prospectuses, disclosure documents, tax returns and you name it. It is called corporate espionage and the even write books about it. In fact you can get a degree in corporate espionage believe it or not.

So much for a level playing field when your competition is cheating. What is even worse is often these competitors use the government, which collects information on forms and makes all this information free to the public. It’s amazing that the government now says it is going to protect the consumer and small-business person against identity theft, as generally the government is the one that asked for the information and it makes it available to anyone who wants it.

Often we find that competitors when caught trying to get information from you will say everyone else does it. Indeed, maybe they do, but does that make it right. It is unfortunate that competitors will not compete in the free market and will teach in any way they can to beat you. In my business career we always beat the competition so they were always beating down our doors calling up and pretending to be customers, government agencies or even vendors. Sometimes they would enlist the vendors to snoop for information from us.

In business you must run your own race, but at the same time he needs no or your competition is at all times and you must protect yourself from giving away information inadvertently to competitors who will use that information against you. You must develop a strategy to protect yourself from dishonest competitors and always know who you are dealing with. Please consider this in 2006.

“Lance Winslow” – Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; WorldThinkTank. Lance is an online writer in retirement.

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Tags:ethical, issues, legal, major, potential

Ethics Law for The Mortgage Business

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 Ethics Law for The Mortgage BusinessDoes your State mortgage originator licensing regulations say you have a “Fiduciary Duty” to your customers? Or does it say “you must provide the consumer with a reasonable, tangible net benefit” from a loan you provide? Both of these may soon be nationally mandated requirements if Congress has anything to say about it.
The House of Representatives pulled no punches on Tuesday at its hearing on subprime and predatory mortgage lending as they took National Association of Mortgage Brokers President Harry Dinham to task on the subject of who brokers really work for, if they deny ‘fiduciary responsibility’ to their borrowers.

Although violating either of those standards may subject you to harsh discipline and potentially aggressive punishment, it is the presence of Ethics & Integrity which will carry you through a life long career in our fine industry.

I’m sure you’ve heard many times lately that it’s a short walk from unethical actions to full-blown fraud – but more importantly, are your actions ethical when it comes to serving a customer?

Here’s a couple of mental questions to ask yourself: If you have strong Ethics, do you understand it means how you behave when no one is watching? – because that’s exactly what it means! Do you RAT OUT a fellow loan provider when you see he/she isn’t acting ethically? Do you realize you ARE your brother’s keeper in this industry … what the ‘next guy’ does can make us all bleed! This last ‘cycle’ (1998 to 2007) brought us many long term problems (only now becoming apparent) – 99% of which be brought on ourselves … by going along with the crowd.

Article by Peter Samuel Cugno, Chairman & CEO of Secret! University, the educational division of Americas Money Center, Inc. with 40 years experience in the subprime industry niche. Questions or comments may be directed by online at this site

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Tags: mortgage, law, legal, regulation, rules

Ethical Research: Fraud and Corruption Problems

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 Ethical Research: Fraud and Corruption ProblemsNobody likes to be misled, especially by people they trust or have an expectation will do the right thing, whatever that is. Fraud and corruption can be a blow to the self-image of capable managers and their confidence in their ability to deter or detect a fraudulent scheme. More so, they can have a negative impact on an organisation’s brand, image and reputation, organisational morale and where the loss is large – significantly impact the bottom line.
In a recent survey of fraud in Australian organisations, 84 percent of respondents agreed or strongly agreed with the proposition that fraud control is a governance issue.

Corporate governance is an entire culture that sets and monitors behavioural expectations intended to deter the fraudster. As part of the establishment of sound corporate governance, it is now clearly accepted that an organisation should formulate a fraud and corruption control strategy. Through the development and implementation of the strategy, compliance with anti-fraud and corruption control practices can be promoted, maintained and instances of fraud and corruption control non-conformance identified and dealt with quickly.

What is a fraud and corruption control strategy?

It is a comprehensive summary of key elements that the organisation has introduced to prevent, identify, manage, investigate and deal with fraud and corruption specific to its own circumstances. According to the Australian Standard AS8001-2003 , although an organisation’s approach to its strategy will be dependent upon its size, diversity, geographical spread and the industry in which it operates, the Standard recommends that a strategy contain a number of elements. Several of these elements are discussed below:

- Fraud and corruption awareness – How does the organisation educate their staff and stakeholders about how fraud and corruption occurs and what to do if it is discovered? This is a key element as fraud surveys have clearly demonstrated over time that the majority of frauds are discovered by staff and that whistleblowers are also an important source of information.

- Reporting of fraud and corruption – Is there a formal reporting process? Does senior management and the Audit and Risk Management Committee get told of all incidences ? If all instances are not recorded centrally, how does management assess the size and breadth of the problem and effectively manage it ? Also importantly, if the instances if fraud and corruption are not reported to the Audit and Risk Management Committee, how do they monitor the performance of senior management in managing the risk?

- Fraud and corruption risk assessment – Identifying a couple of fraud risks in your business risk assessment or enterprise risk management process is far from adequate. An organisation should not rely on management alone to come up with all potential risks as there may be a knowledge gap, a reluctance to identify the existing weaknesses, inadequate allocation of time to discuss the issues or lack of a persistent inquisitor to ask the tough questions and follow up. So, consider having someone involved who thinks like a fraudster and has experienced a broad range of fraud and corruption issues who can add real value to the process. The insights regarding risks and process weaknesses can be invaluable.

- Whistleblowing – How does your organisation protect whistleblowers? Does it encourage anonymous reporting ? Whistleblower programs allow employees and others to report concerns–including those about corporate fraud–and can allow the management and/or the Board to take early corrective action. Whistleblowing lines are now becoming more prominent in the private sector.

- Pre-employment screening – Is there a consistent process of screening across the organisation ? How thoroughly are background checks, such as prior employment history, tertiary qualifications and memberships of professional associations, conducted ? Does it cover only full-time employees or include contractors ?

- Regular reviews of internal controls – Effective internal controls cannot be both successful and static. They should be monitored and evaluated for improvements and changes made necessary by changing conditions. The scope and frequency of evaluations of the internal control structure depend on risk assessments and the overall perceived effectiveness of internal controls. As an example, under the Sarbanes-Oxley requirements, management is charged with performing an evaluation at least annually. Anti–money-laundering procedures employed by financial institutions are a good example of a proactive process designed to deter fraudulent transactions from taking place through a financial institution.

Commonwealth Agencies have clearly led the private sector in developing fraud and corruption control strategies. This is mainly because it is mandated under the Financial Management and Accountability Act 1997 that all budget-funded agencies, and relevant Commonwealth Authorities and Companies Act 1997 funded bodies, put in place practices and procedures for effective fraud control. The Commonwealth Fraud Control Guidelines, outlines how each Agency must have a fraud control plan.

What are the trends and issues that organisations should be aware of?

Patterns of behaviour are clearly emerging as both the cost and complexity of technology decreases and information is shared through the internet in real time. Although more traditional frauds continue to be perpetrated against organisations, there are also a number of new or increasingly prominent challenges. Some of these challenges include:

- Identity fraud and theft – Criminal syndicates follow the money and as such identity fraud and theft is fast becoming a significant problem as they target individuals and organisations. The quality of recent forgeries of identification documents such as driver’s licences, birth certificates and even passports has highlighted the need for biometric identification solutions such as fingerprints, voice patterns, retinal images, facial or hand geometry to be seriously considered by organisations.

- Cyber-crime – The role of ‘phishing’ and the use of ‘trojans’ to illegally penetrate computers to obtain confidential information, including banking details, shows no signs of abating. As an example, over 11,000 unique phishing attack websites were reported to the Anti-Phishing Working Group in May 2006.

- Cheque fraud – this continues to be one of Australia’s most prevalent frauds affecting businesses. It involves the alteration of an existing cheque to a new payee and sometimes an altered amount.

- Gambling – There is an inextricable link between gambling addiction and fraud. As the opportunity to participate in various forms of gambling grows, the incidence of fraud will also continue to grow. Refer to the breakout box for some recent Australian examples.

What can your organisation do ?

Senior management tasked with governance responsibilities should undertake a review of their approach to fraud and corruption control. It is recommended that they at least benchmark your organisation against best practice recommended by the Australian Standard AS8001-2003 – ‘Fraud and Corruption Control’ in order to determine gaps that require addressing. This will be the blue print for going forward.

Key areas of the fraud and corruption control strategy that should be emphasised and undertaken should include:

- championing a pro-active and thorough approach to fraud risk management across the organisation;

- reviewing the organisation’s whistleblowing policy and procedures and where one does not exist, seriously consider the inclusion of an anonymous reporting line to augment the reporting structure; and

- educating staff about fraud, how it is detected and importantly the organisation’s reporting procedures.

Conclusion

Emerging technological trends, the globalisation of commerce as well as the growing impact of the prevalence of gambling should be of concern to Board members and senior management in all organisations, both large and small. They all create risks that need to be constantly managed.

Those who commit fraud and corruption, whether internal or external to the organisation, are often attuned to system and control weaknesses and therefore target least points of resistance.

To deal with these fraud and corruption risks, organisations must look to how they are allocating their resources and seriously consider the need for a comprehensive strategy.

Case Study – Whistleblowing

Fraud awareness training was provided to all staff in a division. Subsequent to this training, the Financial Controller was sent an e-mail with the sender’s details disguised although indicating that they had attended one of the fraud awareness sessions. The e-mail contained detailed allegations concerning anomalies with a senior manager’s use of a company credit card.

A preliminary review was undertaken of the credit card statements that revealed personal purchases of clothes, meals, accommodation, dating services and books over an eighteen-month period that were all fraudulently misrepresented on the card statements as business related expenses. Although the card statements were countersigned by another manager, the manager later admitted trusting the senior manager’s explanations for the purchases.

The senior manager was in a key governance position within the organisation and was subsequently dismissed.

Case Study – False invoicing

A Finance Director with responsibility for the Asia-Pacific region travelled regularly. An anomaly with his expenses led to a further investigation of his activities. A link was identified between the name of an Australian based company of which he was a Director and a company based in Malaysia that had received consulting fees authorised by the Finance Director.

Further investigation revealed four companies in different Asian countries that had received consulting fees based on bogus projects. As a result of the investigation, it was proven that more than 50 invoices were prepared and subsequently signed off by the Finance Director at an Australian Dollar equivalent just below his delegation limit.

International company searches revealed he was a Director and Shareholder in each company. Over AUD2 million was recovered.

It was also revealed that the annual budget for such consulting expenses was $300,000 when the Finance Director joined. In the first year, he increased the budget to $1.8 million. He therefore budgeted for his own fraud.

Examples – Gambling motivated fraud

$7.1 million – Accountant defrauded clients’ trust funds. Spent 937 days out of 7 years gambling at the Crown Casino.

$4.3 million – Claims officer reopened claims files and made out 1,003 cheques to fictitious 3rd parties over a period of 10 years. Most of the money was lost through gambling.

$8.3 million – Merchant Banker in an investment bank wrote out 76 cheques in erasable ink over four years, altering payee to own benefit used to gamble.

$17 million – Bank Manager by unauthorised EFT’s. Racehorses.

$4.57 million – Financial Adviser.

$22 million – General Manager of a Transport company. Unauthorised EFT’s. Racehorses.

$1.5 million – Two Managers of a Credit Union. Poker machines.

$254,000 – Financial Controller of a Hotel. Roulette.

$44,000 – Carer of people with a disability. Poker machines.

Brett Warfield can be contacted on (612) 9231 7588 or at brett@warfield.com.au.

Brett has significant experience in investigating fraud and other unethical conduct, financial profiling, asset and funds tracing and preparing financial briefs of evidence. He is an experienced presenter on fraud control and has presented to CEOs, senior executives, industry and professional bodies in Australia and Asia.

Brett established Warfield & Associates, a professional services firm specialising in Forensic Accounting and Fraud an, in 2004 with the aim of providing independent advice to organisations to assist them with addressing unethical behaviour, improving governance and identifying risks.

Brett has been a senior member of the national Forensic practice at KPMG Australia. He worked with some of Australia’s largest and best-known companies as well as Government bodies.

He had eight years fraud and corruption prevention and investigative experience as a financial investigator with two Royal Commissions of Inquiry, a prosecution Task Force and the NSW Independent Commission Against Corruption.

Prior to that, Brett had ten years experience with BHP Co Ltd

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Tags: law, legal, fraud, scam, corruption

Unethical Mind, Set The Other To Make The Mistake

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 Unethical Mind, Set The Other To Make The Mistake“How to Resist the Con Artist Trying to make a “”Yes Man”" out of You through Mind Games.
The skilled con artist knows how to rig the game to make the players think they are winning. Every time you put a quarter into the slot machine, out come 2 more. In setting you up for the big con, this formula is altered a bit, to nothing more than ace-high salesmanship. They know they must get you in a good mood, very positive thinking, in every respect, in order to get you over to their side.

Thus, you are subjected to the preliminary “”Yes / No”" test. In it you are being set up, softened, conditioned to saying “”yes”" to that final (when it comes) “”closing”" question, “”Would you sign here, please?”" Their means? A long, introductory series of questions that you, in complete control of your mental faculties, can only say “”yes”" to. Examples: Would $2,000 a week in additional income be helpful to you? Would your wife appreciate the extra luxuries? Would it be easier to set up a fund for your children’s college education? Would holding a mortgage-burning party early make you happy? Would you breathe easier knowing that your retirement is secure?

Yes, yes, yes, yes, and yes–to all 5 questions. Of course. Is there any doubt, really, as to what your logical reactions to such questions would be?

Now the con artist has you in the habit. You are being led, inexorably, like a sheep, to the slaughter, toward the desired end-result, the “”kill.”" This would be your final head-nodding, agreeable acceptance of whatever crackpot scheme or product this
artist is trying to sell you.

How do you break the rhythm, keep a full handle on your conscious objectivity in reviewing his sales presentation? You almost have to play a little game on yourself, a form of self-hypnosis combined with some amusing musings on answers.
For example, mentally–as you go, as he is talking–pose to yourself a mythical “”no”" answering routine. To demonstrate how this might work, let’s go through those leading questions again:

“Would $2,000 a week in additional income be helpful to you?” (No, I enjoy being a struggling paycheck-to-paycheck working slob.)

“Would your wife appreciate the extra luxuries?” (No, she enjoys home canning, making her own clothes and soap, and all the other joys of care-free poverty.)

“Would it be easier to set up a fund for your children’s college education?” (No, I’d only have more time to blow the money, like I might be doing right here, now, by listening to you.)

“Would holding a mortgage-burning party early make you happy?” (No, I don’t want to incur any prepayment or other back-end costs. And, besides, my banker’s got to eat, too.)

“Would you breathe easier knowing your retirement is secure?” (No, this whole concept challenges my Vow of Poverty.)

In sum, beware of stories with happy endings. Often they have unsettling postscripts. Thus, going through some such mental gymnastics–as you go through this person’s “”Yes Man”" routine–might a little better hold your feet to the fire, keep you focused on objective analysis. This, so you will be better positioned for the end-game: when you must ponder the only yes / no question that counts, whether on not to sign on the dotted line.

Jack Payne is the author of the legal thriller, Six Hours Past Thursday, a fictional book about real legal scams. For more information visit this site

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Tags: unethical, law, mind, mistake, legal

Ethical Law In Rewarding Failure

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Ethical Law In Rewarding Failure Ethical Law In Rewarding FailureWallace Malone is retiring as vice chairman from Wachovia Corporation with a sweet and juicy departure package worth at least $135 million. This amount probably will be increased (grossed up) so the poor fellow will not have to fret over paying any income tax on the $135. Incredible, even for doing a good job, though one arguably could make a moral case for such a payment. But what about those who fail?
What about the story from Walt Disney’s Magic Kingdom and Michael Eisner, the former CEO who once encouraged the potential payment of a $140 million golden parachute for Michael Ovitz, his friend who lasted just 14 months as his deputy? Eisner himself was forced out left last year with a package worth nearly $24 million excluding a $300,000 annuity for life. In fact, most severance packages of this nature also contain a dazzling array of other sweet benefits–everything from use of private corporate jets to lucrative consulting contracts, use of secretaries to office space for life, country club memberships to financial planning help. There are limitless goodies executives seem to enjoy in “”forced retirement”" at the expense of shareholders.

Ever-increasing severance packages granted to terminated or otherwise departing executives (which are negotiated into employment contracts upfront) are a part of the growing perception that total compensatory reward is out of sync with performance, or lack thereof. After all, if it is immoral to punish large corporations (like Wal-Mart) for their financial success, it should be equally immoral to unduly reward the top executives of such corporations when they are terminated for poor performance.

What about Stephen C. Hilbert, the former CEO of Conseco, who almost drove that company into bankruptcy but was given $47.1 million in severance for his efforts? Pity Carly Fiorina who left Hewlett-Packard with a tarnished reputation. Fortunately her exit package eased her pain; it was worth about $21 million. “”This is nothing beyond the normal severance we give to senior executives,”" says HP company spokesman Mike Moeller. How sweet is that? Doug Ivester, former chairman of Coca-Cola, left under a similar dark cloud, but to bring in a some sunshine, his severance approached a sweet $120 million. Poor Jill Barad, former CEO of Mattel, departed with $55 million after being fired for her poor performance. Robert Annunziata left the CEO post of Global Crossing in just one year with $15.9 million. L. Dennis Kozlowski of Tyco and New Hampshire infamy was on schedule to get as much as $117 million before he was indicted and convicted for corporate wrongdoing. Incredibly, Tyco agreed to pay a severance package of $44.8 million to Mark Swartz, its former chief financial officer, even while he was under investigation by a grand jury in New York that later indicted him on criminal charges (Drury, Jim, “”It Pays to Fail,”" Sept. 16, 2002, www.chiefexecutive.net). The agreement, by the way, was signed by two members of Tyco’s compensation committee, one of whom was Stephen W. Foss, former chairman of the N.H. Port Authority, who later ran into his own serious problems of wrongdoing (Feingold, Jeff, “”In the Wrong Place at the Wrong Time,”" N.H. Business Review, Oct. 17, 2002, 14b).

Franklin Raines was forced out as Fannie Mae’s chief executive after only five years but will receive a pension of $1.3 million a year for life for his poor performance, though the payment is being disputed. Nice pension for just five years of work. N.Y. Stock Exchange chairman Richard Grasso “”resigned”" on Sept. 17, 2005, at an emergency meeting of the NYSE Board, which voted for his ouster. The forced resignation came only three weeks after the same board disclosed their earlier pay out of $140 million in deferred compensation and retirement benefits to Grasso, at that time praising him for his “outstanding leadership.”

And the beat goes on, with other examples of corporate scoundrels slurping at the trough, examples too numerous to cite in this column. These episodes seem to be classic examples of how powerful people can bend or rewrite the rules to fit the games they play and somehow rationalize it.

No one is arguing that traditional and competitive severance packages are not important or necessary, but many of the excessive ones are incomprehensibly and ironically triggered when executives are getting fired for poor performance. These kinds of payments reflect a callous disregard for those in the office cubicles or on the factory floors, most of whom are simply shown the door when they get fired. That others get fired and get enormous payoffs has become a hot topic of examination, particularly during the past few years which some have called the period of “”Corporate Greed.”" Indeed, such juicy packages often indicate that a particular board of directors is not overseeing the corporate cash register or company management close enough, nor looking out for the shareholders, notwithstanding the Sarbanes-Oxley Act, which emerged in 2002 as a result of the public’s outcry over corporate scandals.

Now, if executives are paid more for high performance because their compensation is supposedly tied to performance, then logic dictates they should get less in the way of severance for poor performance. Why should a top executive knock himself out to perform well when he or she may end up with more money by simply working toward failure? Why not manipulate circumstances so you can be rewarded for failure? It is not at all unusual for some executives to move from company to company, leaving each “”to pursue personal interests,”" but with generous severance for their serial failure. Eventually, if they fail enough times, they can end up with a nice chunk of cash which then can be annuitized for a comfortable retirement in Sedona, Palm Beach or Telluride–or perhaps all three.

Excess severance payments were just one of the many symptoms of the corporate accounting scandals that occurred between 2001 and 2003. Many view Enron as the poster child for this period, though technically the jury is still out (pardon the pun). If so, it is noteworthy that only three people, James Chanos, Jonathon Weil and Bethany Mclean, spoke up against Enron early on. Perhaps the real question to ponder is, where were the others? And where are they now with respect to execessive severance payments–for rarely have so few been so highly paid for doing so little for their companies, shareholders and employees.

“”If ethics are poor at the top, that behavior is copied down through the organization.”" –Robert Noyce, inventor of the silicon chip

Ted Sares, PhD, is a private investor who lives and writes in the White Mountain area of Northern New Hampshire with his wife Holly and Min Pin Jackdog. He writes a bi-weekly column for a local newspaper and many of his other pieces are widely published.

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Tags: ethics, questions, legal, law, issues

Ethics Topics: Psychological Effects of Bullying, Sexual Harassment, Violence and Stress in The Workplace

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 Ethics Topics: Psychological Effects of Bullying, Sexual Harassment, Violence and Stress in The WorkplaceEffects of Bullying

It is a common experience for workers who are being systematically bullied to feel demeaned, inadequate, and deeply distressed. Many feel too embarrassed and ashamed to talk about what is going on in their work place. This is especially true for men, who find it very difficult to admit that they are being bullied, particularly if they work in a ‘macho’ environment. This fear of losing face for reporting bullying is even more pronounced when a man is being bullied by a female.

To many it feels that bullying is something that happens to a few unlucky kids at school, and has no place in the adult world. It can be very difficult to understand what is happening, to realise that it is not the worker’s own behaviour or attitude which is at fault. It is very usual for the victim of this kind of prolonged harassment to suffer from self-doubt, and to wonder what he or she is doing to deserve this treatment. Constant, petty criticism, and failure to meet impossible deadlines, eats away at self-esteem, eroding perhaps years of positive reviews and appreciative managers, stripping away layers of experience and competence, exposing our vulnerabilities. This is particularly the case when one worker is selected by a boss for victimisation, and becomes isolated from co-workers, who are too frightened themselves to take the side of the victim.

Bullying often starts when management selects a worker who they no longer have any use for, and who they want to force to resign. Work will be scrutinised and monitored, as the manager has been ordered to find ‘legitimate’ grounds for dismissal. There is desperate pressure inflicted on a person in this situation not to make mistakes. It becomes a nightmarish battle which the worker has no chance of winning, unless support from a union is sought.

The effects of bullying on a worker can be crippling. Feelings can include fear, impotence, powerlessness, anger, hatred, rage, and the desire to seek revenge. Workers may be so fearful of going to work that they may vomit and feel physically ill before leaving for work each morning. In many cases, a person’s self-respect, among colleagues and co-workers, and the means of his or her livelihood are under siege by constant bullying and intimidation. This is particularly the case when a worker feels trapped, and loses all hope of securing further employment, due to age or a lack of skills and training. When our basic survival needs are threatened we usually experience feelings of terror. When our self-respect is being systematically destroyed, and we feel powerless to do anything to stop it, thoughts of suicide often enter the victim’s mind. Actual suicides have occurred as a result of workplace bullying.

Effects of Sexual Harassment

Sexual harassment infringes the basic dignity of the individual, and can have a devastating effect on the health, competence, morale and self-esteem of those affected. Workers who are being sexually harassed often feel powerless, frightened, demeaned, angry, humiliated, and isolated. Many feel they will be blamed for causing the unwanted behaviour if they report the abuse, so they remain silent. Others feel frightened that they will be demoted, suffer further victimisation or dismissal if they speak out. Feelings of anxiety and stress, loss of confidence, and bouts of illness are common experiences of those who are sexually harassed. A person’s social life and personal relationships may also be adversely affected.

Victims often report feeling ‘dirty’, ‘demeaned’, and ‘used’, particularly if the harassment has been physical in nature. Those who are coerced into giving sexual favours, for fear of losing their jobs, frequently feel angry, guilty, and violated. Often the victim is forced to leave employment without having secured another position, which can cause short and long term financial hardship. Where the harassment is particularly vicious or prolonged, including sexual assault and rape, the victim may experience bouts of severe depression and suicidal thoughts.

Although the majority of victims of sexual harassment are women, men may also find themselves becoming the butt of sexual jokes, and unwanted physical contact. Men have also reported being groped and teased at work by male and female colleagues. It can be particularly difficult for a male victim of harassment to come forward and seek support, due to the fear of appearing ‘weak’ or ‘un-macho’ to workmates.

Effects of Violence

Bullying may involve physical violence being perpetrated against a worker, such as pushing, punching, kicking or slapping, by a colleague or superior. Emotionally, victims of violent bullying often feel deeply shocked, angry, frightened and out of control. There are workers who have been intimidated by employers with the threat of physical violence to self and to relatives, if they dare to involve a union, or to take a case against the firm. This type of bullying is criminal, and the effects on those concerned are long-lasting, severely damaging and deeply traumatic.

Violence may also be inflicted on workers by members of the public. The physical effects of violence can range from cuts and bruises, to broken bones and life-threatening injuries, which may leave the victim scarred, or disabled. Serious assault, even resulting in death, has become a real fear for many types of workers in the course of their duties. Occupations most vulnerable to attack are those who enforce the law (e.g. gardai, army, wardens, social workers), those who handle money (e.g. security workers, cashiers, bus drivers, shop assistants), and those who work in the caring professions (e.g. nurses). Working in areas where there is a likelihood of violence can lead to low staff morale and high levels of stress. (Guidance on the prevention of violence at work: 1995).

The psychological effects of violence on employees include anxiety, helplessness, irritability, soreness, hyper alertness, sadness, depression, and shock. This type of reaction is referred to as post traumatic stress disorder, and can include constant thoughts about the incident, muscle tenseness, fatigue, increased use of alcohol, nicotine and food as a means of coping (Poster and Ryan: 1993).

The Health and Safety Authority has reported injuries to workers which necessitated surgery, and which led to long term disability. A major psychological effect of violence is the loss of self-confidence. Unless this is adequately treated, it may develop into behavioural problems, anxiety, depression, or post traumatic stress disorder. (Violence at work).

Effects of Stress

According to the Health and Safety Authority, workers who endure excessively stressful conditions often experience anxiety and fatigue. They are more prone to making mistakes and having accidents. They are more likely to indulge in excessive smoking, drinking, eating or drug-taking. High levels of stress over a long period of time have been shown to contribute to heart-disease, reduced resistance to infection, digestive problems and skin problems. Striving to meet impossible deadlines or to complete excessive amounts of work often leaves workers feeling anxious, inadequate, frustrated, depressed, and out of control (Workplace stress: Cause, effects and control).

Summary

In summary, the following psychological effects have been reported by workers who have experienced sexual harassment, bullying, violence and stress in the workplace:

· Physical problems manifesting, such as aches and pains, migraine, backache, ulcers, skin disorders, stomach problems, loss of appetite, nausea and vomiting, which may necessitate periods of sick-leave

· Difficulty sleeping

· Obsessive thoughts about work

· Emotional exhaustion

· Bouts of uncontrollable sobbing

· Palpitations, panic attacks and mood swings

· Feeling inadequate, powerless and out of control

· Loss of sex-drive, sometimes leading to impotence

· Emotional withdrawal from family, friends and colleagues

· Feeling unmotivated, lethargic and apathetic

· Increased reliance on drugs, cigarettes, and alcohol

· Feeling anxious, fearful and irritable

· Lacking confidence and self-esteem

· Feeling shocked and bewildered, humiliated and demeaned

· Fear of making mistakes, which leads to a decrease in job performance

· Feeling depressed, accompanied by thoughts of suicide, attempted suicide or actual suicide

· Feeling alienated, frozen out and isolated

· Feeling anger and hatred towards the harasser

· Daydreaming of taking revenge and getting even

· Unfair dismissal

· Constructive dismissal due to severity of harassment

· Leaving employment before another job has been secured.

Lucy Costigan’s book, Bullying and Harassment in the Workplace, (Columba Press, Ireland, 1998), was written for employees, management and employers, to help them deal with the problem of bullying, intimidation and sexual harassment in an appropriate manner. It is also hoped that the book will help to raise awareness that bullying does happen and is happening on a daily basis in work places all over the world. For those who are experiencing bullying or harassment at work the book will help them to identify unfair and unlawful treatment and provide them with the names of organisations where support and help can be obtained. The book will also prove invaluable to managers and those responsible for formulating policies to combat bullying and harassment in the workplace. It will help them to improve staff-management relations. This book also contains many case studies and interviews with Ireland’s top industrial relations organisations. visit this website

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Tags: law, legal, workplace, ethical, ethics

Sales Ethics: Is Customer Always Right?

admin | Wednesday, July 29th, 2009 | No Comments »
 Sales Ethics: Is Customer Always Right?“What business owner hasn’t been subjected to a brazen “”The customer is always right!”" thrown their way during the course of their working days? Whether you’re in retail, mail order or are Internet-based, and regardless of what you sell, you are going to hear this more often than you’d like to. So how do you deal with it? Do you cave each time something unrealistic or outside of your policy is demanded of you?
Here’s the deal: Every human on earth shares a lot of behavioral traits, which is why when things are good or bad to any degree, we can make a pretty safe assumption on how someone will act. When things are good, it’s universal to smile, right? Yelling and shouting are behaviors that pretty much guarantee something’s not going well. Sure, we all have variations and that’s what makes us special and different — but overall, we can’t escape the fact that we’re pretty predictable in a lot of ways.

Back to business. All of us business owners have also been customers, so the first thing to do when confronted with a belligerent or upset customer is to throw yourself into their shoes and forget that you’re the business owner. Listen to their complaint IN FULL, even if the first few minutes are grating your nerves because they’re overly emotional and attacking your character (which will happen when people act out of emotion.) Focus on the facts: Did they order something from you that was never sent, even after 2 weeks of waiting, when your policy is to ship within 48 hours? Did they send something back for a refund and have proof it was sent, but 3 months later their credit card still hasn’t been credited by you? Or were they confronted with an obnoxious salesperson who refused to help them in your store and instead was glued to the phone? In the grand picture of life, none of this is grounds for a public beheading — but, at that moment the customer is feeling taken advantage of by YOU. Mistakes happen every day, but sometimes one mistake will happen to catch a live wire, so to speak. And now you have to figure out what to do.

If what happened really and truly was an oversight, just fess up. You’re human and your customer will appreciate hearing it. Let them know you’re sorry, there was a shipping/billing/clerical error and you would like to fix it for them. Tell them first what you are going to do. Then, ask them what else you can do to make it better. Chances are, the only thing they really want is what should be coming to them — maybe a refund, or the product they already paid money for, or some basic customer service from the sales staff. Most people feel guilty even asking for extras they didn’t rightfully earn. But then you can over-deliver for them to make up for it; simply let them know you’ll be happy to overnight the missing course to them at no extra cost, and to make up for the trouble you’d like to throw in a special bonus trinket (this depends on what you sell, of course). Or even though you got the item back a day or two late, you’ll credit them because they’ve purchased from you before. Or you’d like to assign a special sales member to cater to only them and an extra 20% off if they come back to your store this Saturday. These things are all most likely outside of your standard policy, and that’s exactly what will help smooth any hard feelings over with the customer — if they were really acting on good intentions.

Believe it or not, if you run a reputable company you will rarely encounter a vicious, nasty thief only wanting to bleed your company dry. Those are easy to spot, because nothing you offer to do (short of handing a blank check to them and asking them to fill out how much they want) will appease them. Unjustified accusations, threats, and bullying are not standard customer behaviors — and because of that, you shouldn’t reward those types of people by accommodating them. You’ll be paving the way for others just like them to target your company because you’ll develop a reputation for being ‘scam-able’ — and they’ll spread the word to everyone. You would be amazed at how many blogs and forums exist with people who spend months on end just learning how to scam businesses… and looking for their next target.

So is the customer always right? Somebody who takes a chance on your company with their hard-earned money deserves the benefit of the doubt. If they prove otherwise, you reserve the right not to do business with them anymore. Again, you’ll be surprisingly pleased at how easy it is to maintain good customer relations as long as you’re running your company legally and ethically. The ‘bad seeds’ will come around every so often, but your good, solid customers more than make up for those.

Sonja Vukas for Platinum Acquisitions, INC

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Tags: business, coaching, customer, ethics, legal

Ethical Issues that MLM Companies Must Be Aware Of

admin | Wednesday, July 29th, 2009 | No Comments »
Ethical Issues that MLM Companies Must Be Aware Of Ethical Issues that MLM Companies Must Be Aware OfThe first woman to rise to the top in 4 1/2 months in her short lived network marketing career was “rocking and rolling” in a fraudulent manner. When you are caught with your hand in the cookie jar, why wouldn’t the company terminate someone for that?
I’m glad to see that this company has a firm hand when someone scams them. Why do you think that rules are set in place by companies?

This person hurt a lot of people in her “rocking and rolling” months and had so many complaints to headquarters in her short time in moving up. So many complaints of how she was conducting her business and what she was doing to get what she needed out of her downline and upline to move so fast.

I do agree however that the policies and procedures should be reviewed thoroughly prior to checking that box. Nonetheless, this person was fully aware of what she was doing and that it was grounds for termination. What has upset her is she wasn’t smart enough not to get caught and vicious and sly enough not to care. A person who was ignorant enough to think because she made the company so much money that they could never let her go and a person with an ego (and a deluded outlook on law) of one of our US ex president’s, “I am not a crook!”

She continues to promote her name and has such a strong desire to be in the spot light even more. If I were her, I would go underground for a while until this blew over. Not keep it up, because she is “ousted” on this. She owes this company thousands of dolor’s so I’m sure this won’t be the last time we hear about her.

She proclaims honesty and is pretty smooth about her delivery. Watch out for this one!

Companies Beware!

J. Brady
Fighting for the Truth!
A voice for those who have been hurt!

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Tags: ethical, issues, business, legal, moral

Ethics Problems, Hispanic Community Victims of Fraud

admin | Wednesday, July 29th, 2009 | No Comments »
Ethics Problems Hispanic Community Victims of Fraud Ethics Problems, Hispanic Community Victims of FraudThe Federal Trade Commission says that the Hispanic Community is being targeted by scam artists and are falling victim to fraud. In fact the FTC stated this in their report to congress to ask for more budget money for fiscal year 2007. The FTC is seeking an additional 13 million dollars to add to its war chest to further its ongoing endeavors. They stated in this official on the record report to the US Congress:
“A Consumer Fraud Survey released by FTC staff in FY 2004 found that Hispanic consumers are disproportionately victimized by fraud. In response, the FTC launched a Hispanic Law Enforcement and Outreach Initiative that has had immediate results. During Hispanic Heritage Month in October 2004, the FTC announced a series of law enforcement actions and a new consumer education campaign designed to address consumer fraud in the Hispanic community. Additional cases were announced in 2005 during the Hispanic Law Enforcement and Outreach Forums in Miami, FL, Phoenix, AZ, and Dallas, TX. The FTC’s Hispanic Initiative also includes a significant outreach component that disseminates consumer information in Spanish, provides consumer news to the Spanish language media, and builds partnerships with organizations, businesses, and leaders in the Hispanic community.”

May we ask the FTC why they are using discrimination in there efforts to curb fraud? Why are they not supporting Black Americans or Gay Americans with the same efforts? IS the FTC against white people, Native Americans or Asian Americans? I do not see them doing anything during Black History Month for the Black Americans of our nation, do you? Why is the FTC promoting Spanish Speaking media outlets rather than supporting the official language of our nation? Lots of questions here, questions worth asking? Consider this in 2006.

“Lance Winslow” – Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; WorldThinkTank. Lance is an online writer in retirement.

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Tags:business, ethical, problem, legal, issues

Ethics and the Law, Iraq Vice President To Be Hanged

admin | Wednesday, July 29th, 2009 | No Comments »

Ethics and the Law Iraq Vice President To Be Hanged Ethics and the Law, Iraq Vice President To Be HangedRamadan to be hanged: Good work boys!

I’m not sure why, how and when the UN came up with a policy to not kill, killers, or to save killers, or to preserve them for posterity in prison cells, but it is a bad policy. And so thinks the Iraqi government, or legal process:“Iraq’s High Tribunal has sentenced Saddam Hussein’s former vice-president Taha Yassin Ramadan to be hanged. He was tried alongside the former Iraqi leader over the killing of 148 Shias in the village of Dujail in the 1980s.” Now anyone in their right mind knows this high ranking devil of Iraq had his hands bloodier than simply killing only 148 Shias, which is a lot in itself, perhaps he should take credit for the mass murders across Iraq during his whole term in office. In any case, I think the UN, as I have often said, is the devils playground for world disorder.

America seems to need it for a platform to speak I guess, but at such a price. The Iraq judge paid little attention, as has Israel, and the US and Russia, and China to the UN, when it comes to self interests, and perhaps with good reason, it is the devils backyard, as I repeat myself. So good for the judging and sentencing and the good men of Iraq, who do not want to pay taxes to feed fat killers like Ramadan. Good work boys. You saved the nation a headache. Plus I’m sure if you would have let him live he would have boasted between his cell mates, how brave he was in killing this person and that person, and so forth and so on (or having them killed). He was indeed, a deadly cockroach.

Now if only we could get the rest of the world behind this policy we’d get rid of a lot of trash, save money, and give a good message to the world’s future legal assassins.

See Dennis’ web site here

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Tags: ethic, law, legal, UN, war

Ethics Violations is A Corporate Crime

admin | Wednesday, July 29th, 2009 | No Comments »
Ethics Violations is A Corporate Crime Ethics Violations is A Corporate CrimeCorporate crime? I’m not sure that there is such a thing. If we want to reduce the crimes that are given that lable, we need to quit handing out large punitive fines to corporations. The idea isn’t as radical as it sounds.
First of all, when I say that there isn’t such a thing as corporate crime, I simply mean that it is always individual people who commit crimes. With that in mind, you can imagine what my better way to reduce this crime is: Go after the criminals!

Who Pays For Corporate Crime?

Exactly who pays when a large corporation is fined for breaking the law? To begin with, the stockholders pay. Many of these are innocent retirees who have money invested with the company and had no idea they were breaking the law. Then the employees pay with the loss of jobs, if the financial situation of the company is damaged by the fines. Who doesn’t pay? Just the criminals – the individuals who chose to break the law.

All crimes are committed by PEOPLE, not companies. When a company dumps poisons into the environment, a PERSON made the decision to do that (or several people). When a company steals from a pension fund or violates workers rights, INDIVIDUALS made those decisions. People commit corporate crime, not corporations!

If you want to stop corporate crime, start putting the individuals who are involved in the crime in PRISON. Our current system often has company officers making cost/benefit calculations as to whether the profits from certain crimes are greater than what the occasional fines add up to. Even though laws are broken, they stand little chance of being held personally responsible. Why not hold them responsible?

To fine companies for the actual costs imposed on others by a crime is appropriate. We have to clean up toxic messes, and in other cases compensate those who suffer damages. This also means that shareholders have a reason to be careful in who they elect to the board of directors. However, “punitive” fines are ridiculous unless they are levied against the individual criminals. Make the person who committed the crime pay the fine.

Is this such a radical idea? I don’t think so! By the way, which do you think is more likely to deter a corporate officer from committing a crime, a fine that is paid by the company, and doesn’t even affect his salary, or ten years in jail? The answer to that gives us the answer to corporate crime.

Steve Gillman has been exploring new ideas for decades. Visit his site for invention ideas, business ideas, story ideas, political and economic theories, deep thoughts, and more. Get a free gift too: New Ideas

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Tags: ethics, violations, research, professional, legal

Ethics Issues in Conflict: Building a Strong Foundation

admin | Wednesday, July 29th, 2009 | No Comments »
Ethics Issues in Conflict Building a Strong Foundation Ethics Issues in Conflict: Building a Strong FoundationWhether or not a military force (or paramilitary force) is properly equipped to handle crisis situations in an ethical manner is a question that is truly worthy of consideration. Before asking oneself this question, however, it is imperative that leaders are certain that their organizations are grounded upon a solid, impermeable ethical foundation. Ethical conduct simply cannot be expected within an organization that is under pressure if it is not expected when the organization is simply involved in daily, commonplace operations.
Police services and the military have enormous powers conferred upon them by the state. Each has the ability to restrict or remove individual liberty and both have the overwhelming and unenviable right to use lethal force where necessary. These powers are, in large measure, the basis for citizens’ demanding that our organizations are founded on strong ethics, principles and values.

In the vast majority of cases, especially in days gone by, the military’s focus has been other than domestic. When they are dispatched to any operational situation anywhere in the world, including here in Canada, they very often become very involved in the domestic life of that country’s citizens, however.

As time passes and one views the tasking being given to Canada’s military, one can see more and more that the role is that of peacekeeper rather than warrior. This reality brings our military and our police even closer in terms of roles, responsibilities, values, principles and ethics.

Some of the Challenges

There are some realities within the culture of paramilitary organizations that may cause significant interference with effective communications both internally and externally. It is incumbent upon the leaders of these organizations to recognize, accept and properly counteract any negative aspects of their organizational culture.

It is not sufficient that a leader possess impeccable values. The leader must demonstrate these principles in daily interactions with others, and the leader must communicate these values to all employees regularly, consistently and unashamedly. There must be a very clear understanding by each and every member of the organization that ethics, values and principles are simply non-negotiable.

All too frequently, when an individual is discovered to have been involved in unacceptable behaviour, the ‘bad apple’ theory is held up as the answer. A ‘bad apple’ grows and develops in an environment that either condones or ignores the early warning signs, or in some cases tacitly approves of the indicative behaviour.

The difficulty with the ‘act and react’ approach is that it is often seen by the junior ranks as, at best a witch-hunt or at worst a hollow inquisition with obvious ulterior motives. Occasionally, some view the curative measures that are imposed as knee-jerk reactions to isolated incidents. As a result, there are virtually no long terms benefits realized. Occasionally, such actions can actually have significantly negative consequences.

This is not to minimize the general and specific deterrence of swift, impartial action by the administration. It is imperative, however, that the organization be alive to any and all signs of larger, more insidious issues and take proactive measures when and where appropriate.

To fully understand how misconduct can take place, and more importantly, how it is sometimes viewed by the transgressor’s peers, it is vitally important to take a close and critical look at the organizational culture in which the misconduct occurred. This examination can take several forms but the most fruitful may be a bottom-up, holistic approach.

Defining the Organizational Culture

Military and paramilitary organizations have, over many years, developed a culture they can truly call their own. Moreover, units within these organizations develop subcultures that must also be recognized. This is especially true of specialist or ‘elite’ units.

A good starting point for the analysis of any organization in terms of values, principles and ethics can and possibly should begin at the front lines. This analysis can help to identify the symptoms of any irregularities within the culture.

The Cultural Evolution

Activities and behaviours within a particular organizational culture sometimes indicate values and standards that differ widely from those outside that culture. This is not peculiar to police or the military. Almost every single organization in every conceivable sector has it own, individual culture.

Organizations that tend to have their own ‘language’; their own specific identity; their own atypical rules; are more susceptible to developing a culture that is some distance from the culture of mainstream society. The members of the organization often believe that their world is too different, too complex and too onerous for anyone outside the organization to begin to understand. This belief is the likely foundation of peculiar cultural values.

Until quite recently, police services were very definitely apart from society. Although they are sworn to serve and protect society, this sworn duty was most often performed in the manner decided upon behind closed doors by the police services themselves.

With the advent of Community Policing, Community Policing Advisory Committees, Community Satisfaction Surveys and other similar Law Enforcement efforts, any mystique that may have existed is being stripped away. Police officers are being seen more and more as human beings with all the human frailties everyone else in the community may possess. In short, the public is now more willing to believe that their police officers are capable of committing not only acts if misconduct, but also criminal acts.

There is no shortage of Internet sites that exist to report on police misconduct. In one particularly poignant example, it is alleged that an off-duty police officer had had a physical altercation with a member of the public in a bar. The account of the fight included the civilian suffering convulsions, being attacked with a pool cue and having one of his eyes dangling on his cheek as a result of the beating. As it turned out, there was an altercation but it in no way resembled the account offered on the Internet. The altercation could in no way be described as a beating and the civilian did not suffer convulsions and did not have an injury to his eye even remotely resembling that described.

Anyone reading the original account would have been left with the disturbing impression that the police officer had been involved in a vicious, prolonged beating of an innocent civilian. Given the millions of people who regularly surf the Internet, there is a very real likelihood that there are many people who may have read the account and believed it.

The result of this new pressure on the police is that the public may be more prone to believing that the police are capable of heinous acts. When one considers the impact and frequency of the Rodney King video that played and replayed on television sets across North America, it should not be surprising that the public has changed it opinion of the probability of the police involving themselves in criminal acts. Disturbing photographs of military behaviour in Somalia have brough similar pressure on our armed forces.

These realities raise the bar in terms of the public’s expectations of police officers and members of the military. If the public is now more prone to believing it is probable, or at the very least possible that police or military personnel can be involved in these types of loathsome behaviours, it is incumbent upon police and military leaders to create and/or maintain ethical, highly principled organizations that are open to significant scrutiny by the pubic. Transparency has become vitally important.

When the behaviours move too far along the acceptable-unacceptable continuum, the organization may begin to experience considerable toxicity.

In looking at some particularly heinous examples of this phenomena, this evolution to can more appropriately be described as devolution. Every time an unacceptable behaviour is permitted, ignored or condoned, it becomes the new standard for a second, slightly more unacceptable behaviour. This second behaviour sets a standard for a third, and so on…

In the Rampart Division of the Los Angeles Police Department, incidents of serious assaults, robberies and even murders occurred; allegedly at the hands of sworn police officers. These unbelievable acts were the direct result of the devolution of the culture having been allowed to grow totally out of control. The illegal acts in Rampart are, thankfully, atypical of the vast majority of police departments in North America. They remain, nonetheless, examples of what can and does occur if the cultural devolution is not monitored and corrected. They are examples of what can occur if the leadership is inattentive; not listening to the heartbeat of their organization; not in touch; not listening to the cries for help from their various constituents.

The Code of Silence and The Thin Blue Line

There is a fervent belief, by some, that the police are all a part of the last bastion between good and evil. There is a view held by some that they must stand shoulder to shoulder regardless of the situation; that all are members of the ‘Thin Blue Line’. This mindset can frequently foster other, more serious problems within a police organization.

One of the first questions that must be asked is not simply whether or not there is a ‘Code of Silence’ prevalent within the unit or organization; for the answer to that is simple – Yes there is.

The breadth and depth of the ‘Code of Silence’ are the more important dimensions to define. The answers to these questions are frequently the bellwethers of problematic beliefs or values within the culture of that organization.

The Code of Silence drops like a curtain whenever it appears that one or more members of the organization may have crossed that vaporous line between acceptable and unacceptable behaviour.

Time after time, when an internal affairs department or an outside agency begins to investigate allegations of wrongdoing within a particular police organization, memories become vague, vision becomes blurred and details become illusive.

Within the culture, there is an unwritten rule that officers do not inform on one another. This is, in part because of the belief that they must protect one another and also that only another cop understands what they go through on a daily basis; that many of these investigations are the result of individuals not knowing the harsh realities of policing; that they must stick together.

Cops dislike dirty cops. This is a strongly held belief inside and outside police organizations. The line between somewhat soiled and dirty is very difficult to define, however. Unfortunately, some wrongdoings are condoned, or at least ignored, while others are not. The two lists vary considerably, depending on who is composing the lists. The difficulty, of course, is the subjectivity and occasional self-interest that sometimes seeps into such assessments.

Once the ‘Code of Silence’ question has been investigated, there are other, more particular questions that the administrator must pose:

ž What behaviours have become acceptable within the culture that would not be acceptable outside it?
ž How prevalent are these behaviours?
ž Are these behaviours a ‘right of passage’ into a particular unit?
ž Are these behaviours an indication of the ‘Three Musketeers’ mentality?
ž Are these behaviours being condoned or simply ignored?

The answers to these questions will provide some self-evident guidance to police leaders as to the depth and breadth of the issue within their organization.

Noble Cause Corruption

Often times, the noble ideals that motivate men and women to enlist in a police service are the very same qualities that motivate them to behave inappropriately. These men and women do not act as they do out of some evil intent. They do so with the noblest intent. Tragically, these situations often have terribly unhappy consequences.

We in Canada have had numerous examples of this reality; especially since DNA technology has arisen as a tool in the detection of crime. As we now can see, there have been numerous examples of wrongful convictions, based upon the investigations by hard-working, tireless, honest, dedicated police officers.

One need only look at Donald Marshall, David Milgaard or Guy Paul Morin to see how tragedy has befallen these three men, and others, as a result of a steadfast belief in their guilt by a host of people within the Criminal Justice System during their investigation, detention and prosecution.

In the village of Queensville, Ontario, 8 year-old Christine Jessop disappeared. Some time later, her partially clothed and violated body was discovered. It became absolutely imperative that the person who perpetrated this heinous crime be found and brought to justice. In due course, Guy Paul Morin was arrested and charged with her murder. After a series of trials, he was imprisoned for the crime.

As history and science now tell us, Guy Paul did not do it!

As a result of DNA testing, Guy Paul Morin was acquitted after having spent years in prison. The fact of the matter is that he did not commit the crime for which he was incarcerated; yet those involved in the investigation of the crime were utterly convinced of his guilt.

Investigators, investigative supervisors, forensic scientists, crown attorneys and others held this zealous belief in his guilt. It was only after an exhaustive public inquiry that all of the details of this tragedy were fully explored and finally understood.

In almost every case, these wrongful convictions can be attributed, at least in part to ‘Noble Cause Corruption’. It is, in short, a phenomenon that can best be described as the ‘Ends Justifies the Means’.

This is not a phenomenon that exists only in policing. It can and does exist in any organization that values operational goals and/or tasks as indicators of success. There may be, and very likely are examples of Noble Cause Corruption within the military as well.

Police and military personnel are very task oriented. If they are given a specific goal, they will do what is necessary to meet or exceed that goal. If the goal is poorly defined, the efforts toward its attainment may go awry.

In the Guy Paul Morin situation, and many others very much like it, the goal was simple: Catch the bad guy! The missing aspect to the goal appears to have been the words ‘properly, impartially and justly’.

Because of significant pressure from the public, the media and the administration, it became imperative that the individual responsible for this atrocity be identified, arrested and prosecuted quickly. Unfortunately, it was the wrong person.

Similar tragedies can and do occur far too frequently for similar reasons. In a rush to judgement, investigators and others can develop tunnel vision, impairing their ability to objectively pursue appropriate suspects.

There are other aspects to the organizational culture of policing and the military that bear examination and understanding.

In these types of organizations, the need to belong is powerful. In combat or crisis situations, this is an important and vital characteristic. The reliance of one upon another or one upon the unit can and does preserve life. Perhaps part of the difficulty with this mindset results from the values of the warrior permeating peacekeeping operations.

In these types of organizations, an individual who rejects as unacceptable some piece of the organizational culture runs the risk of at best, being ostracized and at worst, becoming a target of the culture itself. There are examples of such happenings in many organizations across North America. In far too many cases, the Musketeer Mentality demands that everyone stand as one and dare not stand alone.

The Role of Associations

Another situation that has emerged somewhat recently is the militant position assumed by associations. In some cases, associations have minimized their mandate as champions of professionalism and have, for reasons known only to them, assumed the mandate of weakening the strength or impact of the leader of the service. In some cases, it has been reported that association leadership has investigated methods used by other militant unions/associations in other jurisdictions. One such report indicated that advice and counsel was received from the association that represented officers of the Los Angeles Police Department. Given the Rampart situation, this is a frightening thought.

This strategy can have significant negative impacts upon the effectiveness of the police service’s executive. At the very least, this diversion can have a very negative impact on the tactical operations of the service or the strategic planning efforts of the organization.

As much as organizations and their leaders may try to appeal to the self-actualization aspirations of their employees, various groups appear to operate at a much more basic level, from time to time.

When perusing a variety of police association and/or union literature, one frequently sees articles and points of view that speak to job security, personal security or other related topics. If an individual’s priorities involve self-preservation and/or job security, it is hardly surprising that the loftier goals of the organization fail to make the ‘A List’. When a group is engrossed in thoughts of self-preservation, it is not surprising that ethics, values or principles do not receive their undivided attention.

This reality simply underscores the need for leaders to be very clear and unwavering in their communications with employees. The underlying need for personal reassurance frequently interferes with messages being sent from the head. Meaningful and effectual communication ceases to exist.

Organizational Accountability and Supervision

In organizations that ‘grow their own’ supervisors, managers and administrators, there can be a leaning toward indifference of some misconduct. This inevitably results from having ‘been there, done that’. The graduation from front line through supervisor to administrator sometimes fails to take this reality into consideration.

There is a need for a level of experience in senior police ranks that can only be attained by having moved up through the organization. But along with that experience may occasionally come some unhealthy beliefs and inclination toward wilful blindness.

As individuals embark upon their ascent of the chain of command, they undoubtedly carry with them varying amounts of sympathy, empathy and indulgence. This level of unresponsiveness may vary, depending on their particular career path.

When these characteristics begin to muddy the waters of appropriate supervision, accountability and authority, however, they may begin to sow the seeds of future organizational difficulties. It is also blatantly unfair to each and every member of the organization. When a supervisor, manager or executive entertains the notion that ‘boys will be boys’ or something akin to that, it is time for serious self-examination. Serious, thoughtful, well-planned and well-designed supervisory training is a tool that must be employed to help minimize the impacts of some of this inappropriate baggage.

The Executive

By the time an individual is at the executive level of an organization, there is a significant gap between their post and the front lines of the organization. This gap frequently causes the leader to steer his or her course using old, outdated charts. This necessitates having a process in place whereby the leader can frequently and regularly ‘take the pulse’ of the organization’s front line service delivery personnel.

Frequently, those who lead organizations possess marvellous ethical qualities. All too frequently, however, their expectations of the organization are based upon their own personal values and beliefs, which are not shouted from the rooftops.

It is imperative that leaders proclaim their ethical expectations of every member of the organization in a loud, clear voice. A leader cannot simply expect that those who follow do so with the same ethical fervour as they do. In fairness to everyone in the organization, the leader’s values must be clearly communicated to all, so that those within the organization behave with the full knowledge of the likely impact and consequences of their actions – good and bad.

In any organization, the impact of the leader should never be underestimated; and there are many eyes that are watching. Actions speak far louder than words. ‘Walking the Talk’ is the only possible option.

A Foundation for Times of Conflict

Whether or not a military force (or paramilitary force) is properly equipped to handle crisis situations in an ethical manner is, without a doubt, a critical consideration.

For military leaders to have confidence in the ethical nature of their units, it is crucial that the leader instils and demonstrates day-to-day personal, organizational and operational ethics in a consistent and demonstrable fashion.

The methods whereby individuals are directed, evaluated, recognized and rewarded must take into consideration the need for clear goals and objectives, honest and forthright evaluations against well-known and measurable standards, supervisory and management accountability and frequent but sincere recognition and reward.

When sculpting such an organization, the leader must plan each move within the framework of the organizational culture that prevails. Appropriate measures must be in place to anticipate, recognize and properly deal with various challenging aspects of the culture. The leader must be ready, willing and able to operate in a manner that is open to intense scrutiny. Nothing less can be contemplated.

It is only when the organization possesses an impermeable ethical foundation that the leader can hope to deliver on the promise of a highly ethical service during times of crisis.

Bob Fitches is a consultant to small and large organizations. He has worked in these fields for a number of years and offers executives and others insights and advice on building and maintaining ethically strong, values-based organizations. As well as having a successful consultancy, Bob is also a Life/Personal/Executive Coach and a much sought-after public speaker.

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Tags: ethics, issues, legal, corporate, dilemmas

Ethical Considerations: Women of The Future

admin | Wednesday, July 29th, 2009 | No Comments »
Ethical Considerations Women of The Future Ethical Considerations: Women of The FutureI was in the car with my five-year-old and my seven-year-old. The very left-brain-dominant seven-year-old asked, “Are there actually vehicles that can travel into the future?” I thought for a minute, and said “You know, the thing about the future is, every single minute is the future compared to the minute before. So right now is the future compared to this morning. And tomorrow morning is the future, as we sit here now. So, you could say that this car is driving into the future, this very moment.”
The two kids sat and chewed on that for a minute as I turned into the supermarket parking lot. Then the five-year-old yelled out, “Mom, look! It’s the grocery store of the future!”

Smart aleck kid. But the kid is right – this IS the future. I used to daydream, when I was their age, about the days we’re living in now – it seemed so remote and inconceivable that I’d actually be alive in a different milennium, years that had no “19″ on the front of them. How could it be? And here we are. I had no definite mental picture for these days, couldn’t imagine being 40. All I saw in my mind’s eye was a kind of rosy, pleasantly-colored place where grownups had a lot of fun and read interesting books all day.

When I was in eighth grade, women were pushing for an amendment to the U.S. Constitution, the Equal Rights Amendment. I was floored and discouraged when it didn’t pass. But I never thought for a second that my chances – to do whatever I might want to do, as I got closer to adulthood – were limited by that setback. When I went out looking for my first post-waitress, post-babysitting job, the papers were full of ads for “Gal Fridays.” This seems laughably historical today. But at the time, a Gal Friday (as I understood it then) was a pivotal role in an office, the person who knows what’s going on. This was a big improvement over the even more historical, stereotypical secretary job popularized on TV and in movies as a cute blonde thing in a short skirt, being chased around the desk by the boss.

A lot of the rhetoric back in the those days went something like this: You Women Are So Demanding. You Don’t Know When to Stop Asking for Handouts. In the sixties, women wanted to be in the workforce, not marginally there as extra office help, or nurses or teachers (not that those aren’t incredibly important roles), but as professionals of all kinds, and not just until we got married. And as the sixties turned into the seventies, that started to happen. Then we had the nerve to push for equal pay. Equal pay!?! How can you pay a woman like a man?, was the complaint, Companies will go broke. We haven’t reached parity yet, but women’s pay is getting better vis-à-vis men’s pay, by a tiny bit every year. We were not satisfied, and we shouldn’t have been. We want to be in management, we said. We want to be in traditionally male jobs like in the building trades, in technology and in manufacturing. We want to be surgeons, astronauts and senators.

Those changes began to happen, too. Then we said, We want to be entrepreneurs, and we want to have access to funding the way that male entrepreneurs do. Fighting words! For all the mythology built up around the go-go 90′s and the dotcom era, there were plenty of rock-hard paradigms that didn’t shift one little bit. Women got barely one percent of the venture capital dollars invested during the internet boom. But look – we didn’t need those sources of funding to go on our own. Women are launching businesses at a rate never seen before, downturn be danged. And we still aren’t satisfied.

Now we say, We should be in corporate leadership, we should be on corporate Boards of Directors. We make the vast majority of family purchasing decisions and our voices should be heard – we should have a say in the way that companies are run. We have requirements that aren’t being met. We will blow whistles, we will complain, and we will take our business elsewhere. Nervy! Who do we think we are, half the population or something?!

Not content to have a couple of seats in government, not content have a couple of our own in high-profile corporate roles, now we want even more. We want companies to be managed in an ethical way, and we want to have meaning in our work. Meaning! We should be happy to have a job, for Pete’s sakes! When will we be content? When will women stop complaining? Here’s when:

When the picture of the future we dreamed up and colored in as children is the one we experience every day. When companies are citizens of the communities they operate in, and people in organizations are respected and their work is valued and their lives outside of work are viewed as high priority engagements. And when women are heard in government, in corporate leadership and in the circles where investment dollars move from hand to hand. We’re not asking for that much, the way we see it. Just to be riding up in the front seat in that car going into the future.

Liz Ryan is a former Fortune 500 HR leader, a workplace expert and the founder of the global online network WorldWIT. She writes the workplace column for Business Week online, her own Business Mom and Job Jungle blogs, and speaks internationally on women in the workplace, work and life, and the post-millennial corporate lifestyle. Liz lives in Boulder, Colorado with her husband and five children.

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Tags: ethical, considerations, moral, legal, issues

Legal Ethical For The Whistleblowers

admin | Wednesday, July 29th, 2009 | No Comments »
Legal%20Ethical%20For%20The%20Whistleblowers Legal Ethical For The WhistleblowersThey say no good deed goes unpunished and sadly that is the truth in the world of the whistleblower. The theory on ‘whistle blowing’ is that the individual is helping the community, and following their ethics, by reporting the offending person or company. The risk of recrimination is very high and usually results in a long and difficult fight for the whistleblower. This battle will likely including legal threats and character assassination.
So what can you do to protect yourself when you do blow the whistle? Having been through this process I have gain some insight on how best to handle the situation.

1. Documentation: Once you suspect that something is wrong you should begin documenting. Start by taking notes in a log book or note pad. This information will be helpful when you need to tell your story and will provide the detail needed to track down further evidence of wrong doing. Next, start collecting pertinent documents. The best way is to copy documents (photocopy, computers docs, etc.). When you think you have enough, double it. Pictures, phone recordings, documents, conversations, e-mails are all important and should be noted when possible. There can never be enough documentation. Once the authorities begin investigation documents had a tendency to disappear.

Many people who don’t know the laws will try to tell you that these methods are illegal. The fact is they are not. In Canada it is legal to record a conversation or phone call as long as one of the parties is participating in the conversation. The removal of documents from the workplace is a gray area. Under normal circumstances removing company information is illegal, however when it is evidence it can be collected. In a Canadian court all evidence will be considered. Check with your governments laws or speak with a lawyer before taking any risks.

2. Minimize Your Exposure: When you draw up the courage, and support, to finally report the issues there are a few things you need to do. First, it is best if you stay at your job while you report the issues. Sometimes the authorities will ask you questions, that will help them with their investigation, and being at the location is beneficial. Ask to be kept anonymous, if possible, but sometimes this can’t be done. Next, get your resume polished up and start sending it out. Then prepare financially by locating your employment insurance office. Tell them that you are blowing the whistle on your employer and you may be fired for it. Provide the person with the contact names of whichever authority you contacted. The idea is to build a repour, so if bad things happen, people will know the facts. Don’t loose that all important safety net.

3. Go with your Instincts: Most people will tell you not to blow the whistle because there are no winners. They are partially right, but without your courage people will get hurt, the rich will get richer and abuse their powers. You can change that by doing what you feel it right. We often cloud our thinking with other peoples perceptions, but only you can determine what to do. Most of the time your instinct are right and you should trust them. If you listen to others and they convince not to go with your instincts, and then something bad happens, you have to live with the consequences, not them.

4. Be Patient: Nothing happens quickly no matter how fast you want to be done with it. The reality is that things will go much slower than you ever expected them too. The best way to make sure things are moving is to do some research. For example, if you file a complaint against a medical professional, the regulatory College that receives the complaint will have a complaints process. However, this is usually regulated by a government agency that has legislation regarding complaints. In Ontario all complaints must be handled in 120 days. If not, you can contact the Health Professions Appeal & Review Board and they will contact the College and accelerate the process.

Some other tips to accelerate the process include contacting your local politician, begin a letter writing campaign to media outlets and compiling your story onto an internet site. Be persistent when dealing with each agency, don’t accept their statements at face value and always follow up.

5. The Media is Not a Solution: They can help but you have to convince them to write the story. Many times it may take months for them to move. Remember they don’t want any liability, they are a profit motivated company and will only publish story’s that make them a dollar. If your former employer is litigious, they will probably be too scared to publish. The media has no problem reporting history, so once a final verdict is reached, by the authorities, they will write a story. Unfortunately it will be to late to help you.

Some of the smaller media outlets may be more willing to help you. Take a look at freelance writers, who may spend more time working on your story and getting the facts. They also have the contacts you need to get it published.

6. Prepare for an Attack on your Character and Legal Threats :: The person or company you are dealing with will not let things go easily. The first response will be to discredit you. If you look like an disgruntled employee or someone with a vendetta then your story will be less believable. It’s easy for the person or company to do this. If they were unethical to start with, it’s not a huge leap for them start lying about you after you report them. There isn’t much you can do except try to disprove they’re statements. Use the document you gathered to clearly show that they are the guilty party and you were just being ethical. In the end your efforts will be recognized. You will probably receive a cease and desist letter, don’t be overly concerned as this is most likely posturing. If you are worried, speak with a lawyer.

7. Use Lawyers Sparingly: Nobody can fight with the passion you have and no lawyer will ever put the amount of effort you already have into your fight. Replying to a cease and desist letter is easy, just stick with the facts, provide the evidence and take the high road. Most lawyers will act like an 600 lb gorilla, your job is to be bigger. In all likelihood they won’t want to take this issue to a public forum, like a court room, especially if you have documented the case very well. That would give you a perfect opportunity to invite the media and lay your case out. Examples of cease and desist responses can be found at Snake Oil

If you need legal advice, get it, but don’t let the lawyer bleed you dry. Have your questions prepared on paper and sit down with the lawyer and discuss the issue. If they charge a minimum of one hour time, use it all. One good thing to do is prepare a short summary of the facts in your case, and fax it in to the law office. Don’t ask question in the letter. Blowing the whistle is stressful enough without having thousands of dollars in legal fees.

Some people will tell you not to let the event consume you. If it does consume you, it will affect other parts of your life. But sometimes focussing your energy can be better if it will resolve the issue quicker. It’s better to throw your whole heart into the matter, rather than fight with yourself. It is difficult to not be consumed. My advice is to simply go with it. The harder you work the quicker the issue will be resolved and the sooner you can get on with your life.

The is no reward for doing a good deed, that’s only in movies. In the end however you should have the satisfaction that you made your community or country a better place. People will respect you for your efforts and hopefully inspire then to do something good and that is a reward in itself.

Darcy O’Neil is a chemical technologist who became a pharmaceutical whistleblower. His experiences, including the evidence, legal threats and decisions can be found at Snake Oil. Darcy is currently working as a bartender and a freelance writer.

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Tags: ethical, legal, issue, questions, problems


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