Documente Academic
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MBA (IB11)
ASSIGNMENT #1
Ankita Moore
A00403993
Summary
The case “Raiding Customer Assets at MF Global - Who Was Responsible?” presented an
ethical dilemma involving excessive financial mishandling of customer accounts. The case
further highlights two major players in the scandal, namely; Jon Corzine who was the CEO of
MF Global Holdings, Ltd., and Edith O’Brien, who was a mid-level manager. The case
detailed that a complaint was issued against the CEO, Jon Corzine from Commodity Futures
Details of the
Case Trading Commission bringing him to answer charges for his role played in the financial
scandal arising over a transfer of monies withdrawn from customers assets to cover a bank
overdraft. This however, threatened to sink the firm and bring it to declaring bankruptcy.
Considering this, Corzine's lawyer stated that he “Corzine” - "Never directed Ms. O'Brien or
anyone else regarding which account should be used to cure the overdrafts, and he never
directed that customer funds should be used for that purpose. Nor was he informed that
customer funds had been used for that purpose". On the other hand, Ms. O'Brien, a life-long
middle manager, stated that “she does not dispute the fact that Corzine never explicitly ordered
her to take the funds from customer accounts”. She, furthermore, admitted that she knew what
she was doing was wrong, but she had no choice because customer accounts were "the only
place where we had the $175 million" needed to cover the overdraft. However, based on the
unethical evidence presented in the case, we can explicitly distinguish a lot of the complex
causes hidden behind the issues, which would be highlighted below. As such, we can agree
that the major contributors, Jon Corzine and Edith O’Brien acted unethically and were the key
compliance rules and regulations in protecting customers account, poor supervision of funds
and board revision all lead to the outcome of MF Global declaring bankruptcy. However, in
establishing “Who is responsible”, would depend heavily upon “whether ethical behavior is
rules/regulations put in place”. After reading the case I believe that the responsibility lies on
Mr. Corzine for his role as well as Ms. O’Brien for going ahead against her better conscience.
Did Corzine act appropriately? How would you characterize his behavior legally,
personal actions and interpersonal and the promotion of such conduct to followers
2016). Hence, I believe that Corzine actions was inappropriate and unethical to make
instructions to Ms. O’Brien know fully well that the company did not have access to
the money. Corzine being aware of this, also knew that this money could have only
behavior as being reckless, irresponsible and inconsiderate from a legal and ethical
standpoint. Furthermore, I felt that Corzine had a big responsibility as the CEO, to
find a better solution in resolving the overdraft and by him handing it over to a junior
staff proved unprofessional. Overall, his action was illegal both from an ethical and
managerial perspective. I also believed that Corzine acted out of character because as
CEO he had to ensure that he fostered an environment that is ethical—where workers
abide by the laws governing the company. Corzine choices are many in this case
scenario. Firstly, he could have owned up to the fact that the company was not
performing financially. He could have also considered ways to source the funds
profits. A final option that Corzine could have considered was declaring bankruptcy
in the initial stage when he realized that MF Global was not able to meet their financial
obligation.
Did Ms. O’Brien behave appropriately? Realistically, what other choices did she have?
Based on Ms. O’Brien statement, “she does not dispute the fact that Corzine never
explicitly ordered her to take the funds from customer accounts. ‘She admitted that
she knew what she was doing was wrong, but she had no choice because customer
accounts were’ ‘the only place where we had the $175 million’ ‘needed to cover the
overdraft” (O’Toole, date). Based on the statement made by Ms. O’Brien, “She had
no choice”; realistically she had several choices when dealing with this matter. She
had the option to report Mr. Corzine to the board of directors, she could have also asked
him to clarify his request, as well as to inform him of the financial position of the
company and as a formal reminder that the only accounts that held $175 million was
the customer asset account before going ahead with the transactions. On the other
hand, Ms. O’Brien placed herself in the position to faced legal incrimination by
conducting the transaction or potentially lose her job despite which decision she made.
I believe she should have sought transparency in her action and chose either options
Should the actions of either Corzine or O’Brien (or both or neither) be considered
Overall, I believe the actions of Corzine and O’Brien should both be considered
criminally negligent and more so, unethical. Both has illustrated bad judgement in
their decision to interfere with their customer funds despite the company’s golden rule
to protect and separate the assets of its clients from that of the company. Their actions
directly affected the company to the point where the company declared bankruptcy.
As such, both Corzine and O’Brien should be held accountable for their actions as it
was unethical to use the funds of customers to clear the company overdraft.
What role should (or might have) the firm’s Ethics and Compliance Officer played in
this drama?
The role of the compliance officer is to promote ethical conduct and compliance with
rules, regulations and standard that oversees how organizations should conduct
business. Broadly speaking, MF Global Ethics and Compliance Officer could have
prevented the situation from occurring by instituting and enforcing measures that
restrict employees from acting unethical. For instance; if the Compliance Officer was
actively involved in the financial operation of MF Global, they would have been able
to advise both Corzine and O’Brien on the right course of action. This being, Corzine
illegal transaction that compromised the accounts of its clients. As such, the
Compliance Officer would have been able to foresee the potential consequence of
Whether or not Corzine, CEO of MF Global directed one of his mid-level managers,
overdraft.
Whether or not Corzine knew that Edith O’Brien violated the company’s golden rule
Whether or not Edith O’Brien, a mid-level manager should have reported the CEO to
the board of directors or should have quit her job based on the nature of the request.
Whether or not Edith O’Brien truly had no other choice in her decision to withdraw
Missing Information
What was the motive behind Corzine subtle request to his subordinate to find $175
million?
Did the company had prior financial problems before Corzine? If yes, what was the
issues?
What was the relationship between the two, Mr. Corzine and Ms. O’Brien that he felt
What was the responsibility of Mr. Corzine in ensuring that employees carried out the
golden rule?
Why does Edith O’Brien, a middle level employee has so much access to those
This case is like many financial scandals we hear about in the news today, notable due
to their nefarious deeds, size of the fraud, callousness of the fraudsters or the political
Assets at MF Global” with other fraudulent cases, such as Enron, Cendant, WorldCom,
and Wells Fargo. Even from a local perspective, there have been financial scams from
companies such as Capital Bank and SGL Holding. All these cases cover a wide
variety of unethical activities relating to financial mishandling that leads to fraud and
Additionally, all these ethically collapse companies proved that they all have one thing
in common—they all had weak boards, despite they were weak in different ways.
higher level managers to use unethical means to resolve the company financial issues.
Upper managers refusing to acknowledge their roles played in the ethical collapse.
Many of these fraudulent and toxic cases are not new occurrences, especially when left
unchecked, these firms eventually meet their tragic downfall. In this particular case,
unlike other fraudulent cases, MF Global started off with billions of dollars from
customer assets which eventually went missing. Later we learnt that these funds were
used by an employee who took it to pay off a bank overdraft for the company.
brought about different outcomes for the perpetrators—where some have been
prosecuted by law and imprisoned while others have been sanctioned heavy fines and
request for their resignation. Another, difference to note with fraudulent cases is that
many but not all tend to file for bankruptcy; while others may request that the
scandal.
Relevant Criteria
He had the obligation to find a reasonable way She had an obligation to verify the
Obligation to source the funds rather than give such a instruction given to her from her CEO.
expected outcome and communicate the request to the board of directors or the
He was obligated to delegate tasks to the most She had an obligation to inform
of the legal responsibility the company had She was obligated to ask for
concerning customers' assets and the clarification based on the nature of the
his directive since Ms. O’Brien did what she Personal Obligation
Corzine was obligated to conduct a follow-up what was right and not confirm to the
to his request to check the progress of raising unethical culture of the firm.
the money required to offset the overdraft. She was obligated personally to follow
Corzine was obligated to give this directive to the ethical expectations which requires
one of his top-level managers who would have her to be honest and transparent in her
decision.
Personal Obligation
Honesty Honesty
Corzine as the CEO of MF Global intentions Ms. O’Brien admitted that she knew what
seemed honest when he initially joins the she was doing was wrong when her CEO
Ethical Ideals company. His efforts to transform MF Global ordered her to find the funds needed for
from "a plain vanilla commodities firm—into a the overdraft. She also admitted based on
full-blown investment bank” can be seen as an what she knew about the company
upright move. The intention behind this plan did financial status, the only place to obtain
not show to be misleading or deceiving by way of the funds was through customer accounts.
misrepresentation, or overstating. Where Corzine She believed that it was wrong to use
faltered in his moral obligation to be honest was customers funds, but she felt that she had
when he did not report the financial status of the no other choice.
his aim to omit key information from Ms. O’Brien Firstly, Ms. O’Brien should not have
when he gave her the directive to find the funds followed through with the instruction
needed for the overdraft. given to her by her CEO. Instead she
CEO of the company properly, he would have was wrong to dip into customers’
prevented this situation from occurring. As CEO, accounts—she felt that it was the right
he was expected to make decisions in favor of the thing to do since these were the only
company, but in doing so the integrity of the accounts that could cure the company
business and the golden rule of protecting overdraft. In her decision making
customer assets should have been his priority. situation, she felt bonded by duty to act
when he ordered a subordinate to find $175 Edith O’Brien fully accepted her role in
million. Instead, he denied that it never dawned going against the company golden rule.
on him that his subordinate would take a subtle Bond by duty to help, she went against her
request and violated the company golden rule. In ethical responsibility she felt she was
addition, he never attempted to make up for the serving the greater good by helping MF
Immediate Immediate
him to assume that Ms. O’Brien would follow her job or she may face disciplinary
the company ethics regulation. His failure to actions from the board of directors.
specify which accounts the funds were to be It is possible that if Ms. O’Brien choose
used from, makes him an accessary to the to report Corzine she could lose the
jeopardized the reputation of MF Global and If Ms. O’Brien had choose not to do
place the company in a position to face civil anything with Corzine request, it is
actions which could be brought against possible that he would have found
Emotional
His unethical actions could also spurred a
It is possible for Ms. O’Brien to feel
number of congressional, criminal and
guilty about her decision to go against
regulatory investigations.
company regulations despite she felt
Mistrust is a possible repercussion between
she had no other choice.
Corzine and O’Brien and likewise other
Ms. O’Brien could feel responsible for
managers and employees.
causing the company to declare
depression.
It is possible for Corzine to feel a sense of
Corzine could have brought the issue to his Ms. O’Brien could have refused to
If Corzine had reported the matter to the board directors, or the company ethics
Possible course board would have given a directive in the reporting systems.
of action
interest of their customers. She could have also informed
Corzine could have also consider bringing the Corzine that there was nothing she
dilemma to the company compliance officer can do, since the company
who would have advised him to follow the accounts—by itself—could not
Corzine could have considered going to Ms. O’Brien could have also
bankruptcy.
The most ethical course of action for Corzine The most ethical course of action for
Most ethical
course of should have been to discuss the issue with Ms. O’Brien could have been too
action
other top-level managers to come up with refused the instruction given by her
have brought the matter to the board of to where he wanted her to obtain the
directors. funds.
compliance department.
taken from John Stuart Mills, who spoke on the Likewise, the source of decision making
theory of utilitarianism. This moral theory for Ms. O’Brien was taken from both John
Source of promotion overall happiness. This is, where we Stuart Mills, the Utilitarianism and
decision
making evaluate our moral principles: which is, to be able Immanuel Kant, the Deontological
to act in a manner that will lead us to the greater theory. Using Mills theory, it states that it
good. Hence, this theory can be applied to Jon is better to seek the greater level of
Corzine, the CEO of MF Global who was happiness than to impose the greatest
expected to act in the interest of the company’s’ amount of pain. Based on Ms. O’Brien
clients by protecting their assets and separating actions—to cover the overdraft by taking
them from that of the business assets. Corzine funds belonging to the companies
actions did not contribute to the happiness of MF clients—she knew first hand that doing
Global customers because they lost millions over this would help in one way, but would
the greatest number of people and by extension On the other hand, Kant’s Deontological
the overall reputation of the company. Although, theory states that “we are morally
mid-level manager seemed to be the best option, certain set of principles and rules
in the end many people suffered as a result of his regardless of outcome” (Shakil, 2013).
golden rule.
Case #3: Cultural Barriers: When Equality Compromises Efficiency
Summary
This case introduces a cultural scenario that covers an environment where language
became a key issue for this small but growing advertising company. The case involves
two key players Mike, who was the co-founder of the small but fast-growing mobile and
social platform and Ralph, who was responsible for door-to-door sales. Ralph
responsibility as the company’s sale representative was to pitch the company's platform
Details of the Case
that will help clients gain a virtual following of customers. However, the business
owners in the area often spoke English as a second language, making clear
communication between the two parties a key concern for Ralph. On one sales call,
Ralph approached a small hair salon and secured a contract along with a $100 signup
fee. Mike, Ralph's boss, found himself stuck in a tough situation as this new client “the
hairdresser” was furious after learning that she would have to operate the online
platform herself—as opposed to the full service deal, she thought she had signed. Mike,
understanding that the break-down in communication may have been because of the
language barrier decided to refund the customer the signup fee. Mike, knowing that this
was not the first time a refund needed to be made started to consider redrawing their
target areas away from those where English is not the predominantly spoken language.
In reading the unfolding of this case, there are a number of ethical issues that can be
addressed with Mike’s decision to relocate business. Some of the issues are:
Whether Mike should hire more bilingual sales representative to facility fluent
sales representatives.
If Mike, decides to relocate his business, what would be some the ethical
The question as to whether or not redrawing his services from the target areas is
Whether Mike would consider lying to his customers and vendors as to his reason
for relocating.
Whether Mike is basing his decision on the situation rather than on the most
Whether Ralph is lying to Mike and is purposefully not making an effort to sell
the service.
business operation. It illustrates what every business, whether big or small experience
especially when the wrong linguistic explanation or expression is used. This alone can
cause a major breakdown between business and sales. Hence, communication barriers
cases where employees are expected to severe a market to which the language is not fully
understood can be stressful. Especially, in the case of Mike, where he is losing money
The thing that makes this case different from other cases is:
Since the business must at some point deal with individuals from different
Mike may have a sense of compassion and he may decide to stay in the market.
Ralph may find ways to understand the culture and language of the market unlike
bigger firms.
Missing information
Was the contract being offered to the clients clearly detailed in their specific
What adjustments were made to remedy the situation as stated in the case?
Relevant Criteria
Ralph Mike
Professional Professional
Ralph should have shared his concerns Mike needs to recognize the
Obligation with Mike who would have arranged areas where Ralph need more
basic ethics and culture he operates in. and ensuring that he has a
He should request additional training from his staff to ensure that they are
communication. Additionally,
the provision of online courses
Ralph Mike
Ralph Mike
Consequence
Immediate: Immediate:
Because Ralph has a concern about Mike could face
communication with the target market, discrimination charges for
this could affect him in his motivation wanting to relocate his
in learning the cultural language or business.
even understanding it.
Ralph could lose his job if he does not
start selling the services to clients and
stop losing the company money.
Ralph Mike
Possible course of
action Mike could hire a multilingual
speaker
language.
Ralph Mike
Most ethical course
of action The most ethical course of action for
Mike is to provide additional training
for his employees and ensuring that
they are bilingual.
Ralph - Utilitarianism Mike - Utilitarianism &
Sources of decision
making The source of decision making for this Kant-Theory
analysis is taken from John Stuart Mills, who Likewise, the source of decision
spoke on the theory of utilitarianism. This making for Mike was taken from both
moral theory promotion overall happiness. John Stuart Mills, the Utilitarianism
This is, where we evaluate our moral and Immanuel Kant, the Deontological
principles: which is, to be able to act in a theory. Using Mills theory, it states
manner that will lead us to the greater good. that it is better to seek the greater level
Hence, this theory can be applied to Ralph of happiness than to impose the
who was expected to find a better way to greatest amount of pain. Based on
a profit.
References
Bukaty, P., (n.d.). Jon Corzine and MF Global. Retrieved March 09, 2017, from
http://sevenpillarsinstitute.org/case-studies/jon-corzine-and-mf-global
Fisher, D., (n.d.). PwC challenges Corzine’s account of MF Global’s collapse. Retrieved March
11th, 2017, from https://www.forbes.com/sites/danielfisher/2017/03/10/pwc-challenges-
corzines-account-of-mf-globals-collapse/#628f6b836f1e
Gentile, J., (2013, April 20). MF Global and the case of the missing funds (2011). Retrieved March
9th, 2017, from http://businessethicscases.blogspot.co.uk/2013/04/mf-global-and-case-of-
missing-funds.html
Protess, B., (2017, January 05). Corzine reaches $5 million settlement with regulators in MF
Global case. Retrieved March 09, 2017, from
https://www.nytimes.com/2017/01/05/business/dealbook/mf-global-jon-corzine-penalty-
settlement.html?rref=collection%2Ftimestopic%2FCorzine%2CJonS.&action=click&con
tentCollection=timestopics®ion=stream&module=stream_unit&version=latest&content
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Shakil, Ali. (2013, January 29th). Kantian Duty Based (Deontological) Ethics. Retrieved January
13th, 2019 from https://sevenpillarsinstitute.org/kantian-duty-based-deontological-ethics/
Stern, Gary. (2012, June 13th). 10 Lessons Learned From the Demise of MF Global. Retrieved
from https://www.business2community.com/finance/10-lessons-learned-from-the-
demise-of-mf-global-0196075
https://www.nytimes.com/2013/07/06/business/moral-quandaries-at-mf-global.html
http://businessethicscases.blogspot.com/2014/02/a-billion-dollars-escapes-mf-global-in.html
https://sevenpillarsinstitute.org/case-studies/jon-corzine-and-mf-global/