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from previous versions of Ethics Today, please visit the
Ethics Today archives. Published
by the Ethics Resource Center
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**************************************************************************** ** A Word from the President: Looking Back and Looking Forward In this issue, we revisit the stories determined by an ERC staff vote to be the top ethics-related stories of 2004. We note with interest that many of these stories received, ethically speaking, both positive and negative press at the time. These events, and the public discussion surrounding them, demonstrate the increasingly important role of ethics in personal and professional decision-making. Indeed, within the past few years, the field of organizational ethics has come into the spotlight, and we now see ethics accorded greater significance in organizations of all types, from small learning environments to governments to multinational corporations. This heightened awareness of ethics gives us reason to be hopeful about the future, as more organizations realize that integrating values and ethics into their environments will give individuals the tools they need most when faced with situations where the "right" decision may not be clear-cut - or easy. We are also optimistic about the ERC's future and especially about the value we can add to an ever-expanding field of organizational ethics. As the oldest and first nonprofit in the United States devoted to organizational ethics, our history of contributions to the development of ethics-related initiatives in corporations, governments, nonprofits and schools is unparalleled. Over the years, through private engagements and public research, we have collected data that now serves as a valuable resource to organizations that wish to benchmark against their peers. In addition, critical insights acquired through core services, such as program evaluations and organizational risk assessments, can help organizations identify not only how often employees encounter situations that potentially violate the law or company standards but whether employees are prepared to face difficult situations and make ethical decisions and particular areas for further company training and education. As ERC emphasizes research-based efforts in the days ahead, our capability in understanding organizational ethical culture will serve us well. The ERC will always remember 2004 as a year of great challenge, but also a time of critical importance for us as a center. We weathered transitions in senior leadership, endured the challenges of scarce resources, and bravely posed difficult questions to ourselves with regard to our position in the field. As a result, we move forward into 2005 with great anticipation and excitement and with a redefined focus on expanding our efforts in our areas of core competency. Though we take a look back on 2004 in this issue of Ethics Today, we look forward even more to sharing new research, products and services in this newsletter in the coming months. Patricia J. Harned, Ph.D. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ** The Top Ten Ethics Stories of 2004 Please note: The descriptions of the events below have been compiled from stories reported in major news publications and their websites. The purpose of this ranking is not to endorse or condemn the parties, nor to imply special knowledge of the events or attest to the veracity of the reports, but only to consolidate what has appeared in the press and to rate the stories according to their perceived newsworthiness. 1. Abuse at Abu Ghraib Prison In January 2004, a soldier's report, and the subsequent investigation, of abuse of Iraqi prisoners by American soldiers at Abu Ghraib prison preceded public outcry when pictures were published of detainees photographed naked and in humiliating positions, alongside their clothed and smiling captors. To date, reports have found evidence of widespread abuse, dramatic leadership failure, and fault at the highest levels of the Pentagon. Eight soldiers have been charged with abusing Iraqi detainees; four have pleaded guilty and one was found guilty following trial in January 2005. In his opening statement before the Senate Armed Services Committee, Army Maj. Gen. Antonio Taguba, who first investigated prisoner abuse by members of the 800th Military Police Brigade at the Baghdad Central Confinement Facility, focused on many of the ethics issues involved in this story when he stated:
A special Web section on the Iraq prison,
containing news, background and a copy of the report prepared by
Major General Taguba, had been compiled by MSNBC at: The Washington Post also maintains
a special section on Abu Ghraib at:
Since November 1991, the U.S. Sentencing Commission's Federal Sentencing Guidelines for Organizations (FSG) have provided the essential foundation from which practitioners have framed, debated, and researched what it means to have an effective compliance and ethics program. Designed to encourage "good corporate citizenship," the organizational guidelines apply to almost all types of organizations and focus on remedying the harm caused by the organization by requiring restitution and awarding an appropriate fine reflecting the seriousness of the offense and the culpability of the organization or ordering it to serve community service. Effective November 1, 2004, the organizational guidelines now incorporate over a decade of experience, including statutory and regulatory reforms, to provide a more comprehensive and demanding framework. The revisions require high level personnel to be knowledgeable about the compliance and ethics program, to perform their assigned duties consistent with the exercise of due diligence, and to promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. More specifically, the Commission's definition of an effective compliance and ethics program now has three subsections: subsection (a) the purpose of a compliance and ethics program, subsection (b) seven minimum requirements of such a program, and subsection (c) the requirement to periodically assess the risk of criminal conduct and design, implement, or modify the seven program elements, as needed, to reduce the risk of criminal conduct. We take this to mean that the organization must:
In a series of articles published in Ethics Today Online, Kenneth Johnson, writing as an ERC Adjunct Senior Consultant, describes and comments upon the US Sentencing Commission's amended requirements for an "effective program to prevent and detect violations of law." Read the first article "Key Points
and Profound Changes" at: Read part 2 in this series "Enterprise
Risk Management" (also referenced above): Read part 3 in this series "Seven
Minimum Requirements" article at: Get a copy of the Federal Sentencing
Guidelines Manual and Appendices, which contains the federal sentencing
guidelines and policy statements effective November 1, 2004, at:
The 2004 U.S. Presidential campaign was marked by accusations of lying by and about both sides, concerns about the propriety of advertising funded by 527 groups, questions of media integrity, and the infusion of varying interpretations of "moral values" into the race. Following the election, allegations of voting irregularities and systemic flaws arose in a number of jurisdictions. Several months later, objective analysis on many of these issues is elusive. The question of voting irregularities, however, has been analyzed by Electionline.org in an Election Reform Briefing funded by the Pew Trusts.
Read the full report at:
Following an investigation that ran more than two years, Martha Stewart was found guilty in March of obstruction of justice and related charges stemming from the sale of her shares of ImClone Systems. Ms. Stewart and her broker Peter Bacanovic both denied to federal investigators that she had received nonpublic information and that she had received a tip from Imclone founder and former chief executive Samuel Waksal. Ms. Stewart was sentenced to five months in prison, five months in home confinement, and two years under supervision by the probation office and was fined $30,000 for obstruction of justice, conspiracy and lying to federal investigators. View a CBS interactive feature about
Martha Stewart and Imclone at: Read more about the Martha Stewart
trial at:
In September, Merck &. Co., Inc., announced a voluntary worldwide withdrawal of its pain medication Vioxx after data from a clinical trial showed an increased relative risk for cardiovascular events, such as heart attack and stroke, in patients taking Vioxx for more than 18 months. According to the company's press release, Vioxx has been marketed in more than 80 countries and worldwide sales in 2003 were $2.5 billion.
Read the press release at:
In September, government regulators accused the mortgage finance company, Fannie Mae, of using improper accounting methods that raise serious questions about the quality of its management and the validity of its financial reports. A report from the Office of Federal Housing Enterprise alleged that Fannie Mae had "systematically manipulated accounting estimates, ignored accounting requirements it had lobbied unsuccessfully against and operated with weak internal controls that helped obscure the other problems." In a letter to the company, regulators said the organization "maintained a corporate culture that emphasized stable earnings at the expense of accurate financial disclosures." Chairman and chief executive Franklin D. Raines stepped down in December, as did chief financial officer J. Timothy Howard, shortly after the SEC directed the company to make accounting corrections that could erase $9 billion of past profit. The company also dismissed KPMG LLP, the outside accounting firm that audited the financial statements. The company faces a criminal investigation by the Justice Department; a civil investigation by the SEC; an ongoing probe of other accounting issues by its main regulator, the Office of Federal Housing Enterprise Oversight; and class-action lawsuits by investors. In a statement, Raines said: "I previously stated that I would hold myself accountable if the SEC determined that significant mistakes were made in the Company's accounting. Although, to my knowledge, the Company has always made good faith efforts to get its accounting right, the SEC has determined that mistakes were made. By my early retirement, I have held myself accountable." Read more about the Fannie Mae situation
at:
National Institutes of Health (NIH) Director Elias A. Zerhouni, M.D., established a Blue Ribbon Panel on Conflict of Interest Policies to examine the guidelines governing consulting activities of NIH scientists. The Panel was charged with reviewing the existing conflicts of interest and financial disclosure laws, regulations, policies, and procedures under which NIH currently operates and making recommendations for improving them. According to the final report, the Panel found an "extremely complex" set of rules governing conflicts of interest at NIH, which are "widely misunderstood by some of the very people to whom they are intended to apply, thereby creating uncertainty as to allowable behavior and adversely affecting morale." In developing its recommendations, the Panel said, it "adhered to one guiding principle: NIH employees must avoid conflicts of interest incompatible with the proper exercise of their authority and the proper performance of their duties." ERC Fellows founding chairman and former CEO of Lockheed Martin Norm Augustine served as co-chairman and ERC Chairman of the Board Stephen D. Potts was a member of the Panel. Read the final report including the
Panel's 18 recommendations at: Co-Chairman Augustine discusses how
the Panel resolved difficult issues involving colliding principles
as they reviewed the NIH conflicts of interest policies at:
In August, Paul Hamm recovered from a fall on the vault to become the first American male to win an Olympic gold medal in the all around gymnastics competition. Two days later, the International Gymnastics Federation announced that South Korea's Yang Tae-young, who finished third, had been wrongly docked a tenth of a point on his second-to-last routine, a difference which would have put him 0.051 points ahead of Mr. Hamm, assuming everything else remained the same. The South Koreans approached both the U.S. Olympic Committee and the IOC to no avail in hopes of adjusting the rankings. On the final day of the games, Yang filed an appeal with the Court for Arbitration for Sport on the final day of the games. In November, a three-judge panel from the Court of Arbitration for Sport dismissed the appeal. In "Paul Hamm's Once in a Lifetime Opportunity," ERC Board Chairman Steve Potts, former member of the US Olympic Committee, wrote that Paul Hamm had the chance to create a legacy of inspiring sportsmanship for all time by giving up the gold medal. "Paul Hamm is a deserving winner," said Mr. Potts. "But, through no fault of his own, there is tarnish on his medal." Mr. Potts goes on to say that the rules of a game exist to assure a level playing field for the competitors. "Making a wise decision under these circumstances requires recognition of the fact that rules are not our masters. Our sense of justice demands that we know when to make an exception to the rule," he said. Read the rest of Mr. Potts article
at: Read the decision of the Court of Arbitration
for Sport at:
In May, the Securities and Exchange Commission voted to adopt form amendments regarding disclosure requirements for mutual funds and a new rule, as well as amendments to rules and forms, dealing with investment adviser codes of ethics. The amendments require a mutual fund to provide enhanced disclosure regarding breakpoint discounts on front-end sales loads and are intended to assist investors in understanding the breakpoint opportunities available to them. The new rule under the Investment Advisers Act would require registered investment advisers to adopt and enforce codes of ethics, with certain minimum provisions, that would be applicable to their supervised persons. Read the SEC press release at: The ERC and the Washington, D.C. office of Thelen Reid & Priest LLP submitted a joint comment letter to the SEC regarding the Commission's efforts concerning advisers' codes of ethics. The ERC and Thelen Reid offered four comments with respect to the code of ethics requirements under consideration. Read the comment letter at:
In October, New York Attorney General Eliot Spitzer filed civil charges against Marsh & McLennan, the world's biggest insurance broker, and announced settlements of criminal charges with two employees at AIG, the world's biggest insurer, and one at ACE, a big property-casualty insurer. The suit accused Marsh of taking payoffs from insurance companies to steer corporate clients their way rather than acting in the best interest of the clients and cited other misbehavior including outright threats against those resisting participation in the fraudulent schemes. Officials in other states have also been investigating allegations of price-rigging and kickbacks by insurers and insurance brokers. At the heart of the matter are "contingent commissions" - money paid only if the broker places a certain amount of business with a particular insurer. In May, Advisen, an insurance industry research company, found that 69% of the 330 risk managers it canvassed in an anonymous survey considered contingent commission arrangements a conflict of interest. For more information about the claims against the insurance industry, read "The Insurance Scandal: Just How Rotten?" at: http://www.cfo.com/printable/article.cfm/3324341?f=options ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The year provided more than the usual
number of key events and stories from the Ethics Resource Center.
These included: 1. Dr. Patricia Harned Becomes ERC President At its November meeting the Ethics Resource Center's Board of Directors appointed Patricia J. Harned, Ph.D., to the position of ERC President and underscored the crucial central research mission of the organization. Dr. Harned joined the ERC in 1999 and was appointed Vice President of the ERC in 2003. She succeeds Dr. Stuart Gilman, who retired as the ERC's President earlier this year. In accepting the position, she stated, "I am delighted to be leading the ERC at this time and fully share the Board's priority to enhance the ERC's national leadership in advising corporations and advancing research in corporate ethics." Read the Press Release at:
For over a decade, the ERC has been benchmarking trends in business ethics with the National Business Ethics Surveys (SM) (NBES), which identifies the impact of ethics program elements from the point of view of the workforce, the extent to which employees perceive the informal culture of the organization as ethical, and the level of misconduct present within an organization. In August, the ERC introduced the ERC Ethics Index(SM), a benchmarking solution that leverages a ten-year-old dataset to help organizations comply with the law while improving their efforts to encourage ethical business practices. Through the ERC Ethics Index, an organization can:
In the Fall of 2004, the Defense Industry Initiative on Business Ethics and Conduct (DII) engaged the ERC to conduct surveys of participating member organizations and to create an industry-wide standard against which they can benchmark their individual programs Read more about the ERC Ethics Index
at:
Twenty-three high school students participating in the Student Ethics Office (SM) pilot program gathered in July 2004 for the first meeting of the Student Fellows Program, where they discussed leadership styles, the role of ethics offices and officers, and strategic planning. The five day session overlapped with the ERC Fellows meeting, allowing student ethics officers to meet with leading thinkers in the field of organizational ethics and giving the ERC Fellows a fresh look at the value of school-to-work programs. In addition, the SEO pilot program that started regionally in Maryland and Virginia in 2003 expanded to a national pilot with the addition of a New York City school to the program. Based on best practices and common sense, SEO's are modeled on corporate ethics offices and give students the opportunity to build and practice ethical leadership skills while helping their fellow students. Learn more about the Student Fellows
Program at: Learn more about the Student Ethics
Office (SM) Model at:
Former Director of the United States Office of Government Ethics Stephen D. Potts became Chairman of the ERC Board of Directors in July. He had served as Chairman of the ERC Fellows Program since 2000 and has served on the board of a number of companies and non-profits, including the US Olympic Committee and the US Tennis Association and is a past president of the Washington Tennis and Education Foundation. Mr. Potts praised his predecessor Ken Frazier, General Counsel and Senior Vice President at Merck & Co., Inc., noting that "Ken not only brought to us his commitment to an ethical workplace, he worked to spread that way of operating throughout corporate America."
In partnership with the Turkish Ethical Values Foundation (TEDMER) and the World Bank, the ERC hosted two ethics and anti-corruption meetings in Istanbul, Turkey, in March 2004. The first day focused on strategies for cross-sector collaboration to promote a national integrity agenda in Turkey. The following two days brought together ethics and anti-corruption practitioners from more than 20 countries, representing ethics and anticorruption NGOs, multinational corporations, intergovernmental institutions and multilateral organizations in a "Forum for a Global Integrity Alliance". Following the March meetings in Turkey, the ERC, with financial support from the World Bank, launched a membership website to support the Global Integrity Alliance (GIA), which seeks to coordinate and further develop ethics and good governance efforts around the world through capacity building, research, dialogue, cross-sectoral partnerships and anti-corruption initiatives. Read more about the conferences at: Learn about the Global Integrity Alliance
at:
In cooperation with Demos, a nonprofit, nonpartisan research and advocacy organization, the ERC sponsored a public forum examining the depth of America's crisis of integrity. Speakers included Norman Augustine, Retired CEO and Chairman of Lockheed Martin Corporation; Dr. Belle Wheelan, Secretary of Education for the State of Virginia; Frank Shorter, Olympic Gold Medalist and Founding Chair, U.S. Anti-Doping Agency; David Callahan, Director of Research at Demos and Author of "The Cheating Culture"; and Stuart Gilman, former President, Ethics Resource Center. Knight Kiplinger, Editor in Chief of The Kiplinger Letter, moderated the forum, which was hosted at the DC headquarters of Kiplinger Washington Editors, Inc. Read more about the forum at: Read the press release at:
Based on the insight that one of the most effective teaching tools is the use of narrative, the ERC and PLI-Corpedia videotaped interviews with more than 20 CEO's and other senior business leaders talking about their personal perspectives on ethics in the workplace and the experiences that shaped their character. Excerpts from the interviews are available for public viewing on the Leaders On Ethics website. Future plans include creating related case studies to be provided along with the video to business schools, law schools and corporate managers in an effort to encourage future leaders to consider the role of character in the workplace and to learn from the decisions made by some of today's top corporate leaders. Read more about this project and view
several interviews at:
A Values Word Search puzzle published in the June issue of Ethics Today brought dozens of reprint requests and initiated a new periodic feature for the ERC's electronic newsletter. The Word Search was followed by a Presidential Quotes Matching Quiz in October and an Ethics and Values Crossword Puzzle that premieres in this issue. Try out the ethics games and puzzles
at: Contact Allison@ethics.org for information about reprinting these puzzles or other articles featured in Ethics Today. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A few publications produced ethics related reviews of the year 2004. These included:
Quite a few publications ranked the top ten general news stories of 2004, including:
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ **
Enrollment in OCEG Voluntary Benchmarking Study Deadline January
31 The Open Compliance and Ethics Group (OCEG) is currently enrolling interested organizations in a voluntary benchmarking study of governance, risk management, compliance, and ethics programs. The study involves a self-administered survey, and will yield a report of comparisons with regard to program practices and internal resources. Participation in the study is confidential and free, and as of the end of December, over 350 organizations were enrolled. Deadline for enrollment has been extended for friends of the ERC to Monday, January 31, 2005. Learn more about and participate in
the benchmarking study at: Learn more about OCEG at: Please note: The OCEG benchmarking
study examines best practices. For information about the ERC's benchmarking
studies examining ethics and compliance program impact measures,
please visit: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ** Ethics and Values Crossword As part of a continuing series of ethics and values puzzles and games, the ERC has developed a crossword puzzle using terms from our ethics glossary and definitions of values. The puzzle can be completed online if web scripting is enabled on your browser, or the puzzle and clues can be printed and completed on paper. Complete the Ethics and Values Crossword
puzzle at: See our other ethics related puzzles
at:
Request permission to reprint this
puzzle for non-commercial use at: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ** Everyday Ethics: Civility in Congress While not an intimate part of most people's daily routine, bickering and vitriol seemed to be omnipresent in the daily news during the 2004 election campaign, especially within the U.S. Congress. U.S. Representative Steve Israel, a
Democrat from New York's 2nd congressional district and U.S. Representative
Timothy V. Johnson, a Republican from Illinois' 15th congressional
district recently called for colleagues on both sides of the aisle
to think about serving the American people with a higher level of
civility. The two Congressmen co-authored an
editorial for USA Today that focused on the contentiousness of the
campaign and the 108th Congress. In it, they announced that they
are organizing a Congressional Civility Caucus with the goal of
creating a bipartisan group of House members that will strive for
civil debate in Washington. "We hope this caucus will change
the current dynamics in the House by injecting a voice that rises
above partisanship when politics becomes more about personal attacks
than about serving our constituents," they said. "Our
differences do matter. But philosophical differences need not become
personal destruction." While Congress is more publicly confrontational
than most organizations, the proposal by these Congressmen sets
forth an objective worthy of consideration by any organization.
Read the editorial at: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ** Best of Ethics Today Volume 2 The ERC announces the publication of
a 16-page electronic collection of 12 articles that were among those
most viewed by ET subscribers from September 2003 through July 2004.
Articles reprinted from the second volume of Ethics Today Online
include:
Get a free PDF copy of Selections from
Ethics Today, Volume 2, at: The Best of Ethics Today, Volume 1,
is available at: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ** Publications and Media Coverage "The Ethics Challenge in Public Service: A Problem-Solving Guide," by Carol L. Lewis and former ERC President Stuart C. Gilman, will be published by Jossey-Bass in March 2005. Since it was first published in 1991, The Ethics Challenge in Public Service has become a classic text used by public managers and in public management programs across the country. This second edition is filled with practical tools and techniques for making ethical choices in the ambiguous, pressured world of public service. It explores the day-to-day ethical dilemmas managers face in their work, including what to do when rules recommend one action and compassion another, and whether it is ethical to dissent from agency policy. This essential text explores managers' accountability to different stakeholders and how to balance the often competing responsibilities. Read comments about "The Ethics
Challenge in Public Service" at: Order this book at: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As part of a joint project with the Prince of Wales International Business Leaders' Forum (IBLF), ERC Consultant Cheryl Raven and Associate Consultant Abby Davidson visited the Turkish Ethical Values Foundation (TEDMER) for a week in January. The objective of the project is to help affiliated ethics centers in Colombia, South Africa and Turkey review their efforts to promote ethical business practices and good governance and to examine strategies for building local business ethics capacity. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ** Support Organizational Ethics Research (and get NBES 2005) The National Business Ethics Survey (NBES)SM has proven to be of great value to organizations, as it identifies the issues and challenges facing our nation's employees that must be addressed in order to create and sustain an effective ethics program. The 2005 version of the study will undertake additional analysis of compliance practices, communications efforts by corporations, and industry-specific measures. We are in need of sponsors to enable us to expand the survey to allow for increased representation of prominent industries. Sponsors of this effort will help create a widely used and highly respected resource that business leaders, educators, and researchers like yourself can use to advance ethics and integrity in your workplace, schools and society. Donors of a tax-deductible contribution of $50 or more will receive a complimentary copy of our 2005 NBES and acknowledgment as a sponsor in the publication. Make a contribution to the 2005 NBES
at: For more information or to make a major contribution, contact Development Manager Allison Pendell-Jones at allison@ethics.org. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As a non-profit organization, the Ethics Resource Center depends on contributions from many generous donors. Without their dedication and trust, many of the programs and projects highlighted in this newsletter would not be possible. The ERC thanks the following for their contributions of general support:
The ERC also thanks the following for contributions in support of specific programs:
We acknowledge with appreciation contributions to the NBES Customer Campaign from the following:
We invite you to join our loyal contributors
in lending your support. You can make a tax-deductible credit
card donation online at: To find out about other ways to contribute,
go to: The Ethics Resource Center (ERC) is a non-profit, non-partisan educational organization exempt from taxation under the Section 501(c)(3) of the Internal Revenue Code. All gifts are tax-deductible to the fullest extent of the law. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PLEASE NOTE: Ethics Today will be published 10 times this year. The November and December issues will be combined into one issue, as will the July and August issues. ======================================================= Copyright (c) 2004 Ethics Resource
Center. All rights reserved. Please contact ethics@ethics.org for information about reproducing any of the information contained within this newsletter or on our web site. Back issues of Ethics Today are available
online at: For questions about your subscription,
please email The Ethics Resource Center, 1747 Pennsylvania
Ave., NW, Suite 400 =======================================================
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