3 Ethics and the Law Flashcards
business law
reflecting society’s minimum norms and standards of business conduct
Carrot and Stick
Carrot provides incentives to organizations to develop a strong internal control system to detect and manage illegal behavior.
Stick provides for severe punishment for organizations that are convicted of crimes and were not proactively managing legal compliance within the organization
Hasnas’s 3 part injunction
- do nothing that would help its employees defend themselves against criminal charges or discourage them for cooperating with the government
- perform a through criminal investigation of its employees
- turn the results of this investigation over to the government.
Base fine is the greatest of the 3…
- pretax gain from the crime
- the amount of intentional loss inflicted on the victims
- an amount based on the Sentencing Commission’s ranking of the seriousness of the crime
Aggravating Factors (up)
Organization size, combined with the degree of participation, tolerance, or disregard for the criminal conduct by high level personnel or substantial authority personnel in firm
prior history of criminal conduct
role in obstructing or impeding an investigation
Mitigating Factors (down)
organization must have in place an effective program to prevent and detect violations of the law.
the organization reports the criminal conduct promptly after becoming aware of the offense and before government investigation
What managers should use when hiring
talent and ability