ETHICS ANGLE (AACSB)

The Inside Story

You're the founder and CEO of a publicly traded biotech firm that recently came up with a promising cancer drug. Right now, life on Wall Street is good: investors are high on your company, and your stock price is rising. On top of everything else, your personal wealth is burgeoning because you own a lot of stock in the company. You're simply waiting to hear from the FDA, which is expected to approve the product. But when the call comes, the news is bad: the FDA has decided to delay approval because of insufficient data on the drug's effectiveness. You know that when investors hear the news, the company's stock price will plummet. The family and friends that you encouraged to buy into your company will lose money, and you'll take a major hit.

Quickly, you place an order to sell about $5 million worth of your own stock. Then you start making phone calls. You tell your daughter to dump her stock, and you advise your friends to do the same thing. When you tell your stockbroker the news, he gets on the phone and gives a heads-up to his other clients. Unfortunately, he can't reach one client (who happens to be a good friend of yours), so he instructs his assistant to contact her and tell her what's happened. As a result, the client places an order to sell four thousand shares of stock at a market value of $225,000.

Let's pause at this point to answer a few questions:

1. Are you being a nice guy or doing something illegal?

2. Is your stockbroker doing something illegal?

3. Is the assistant doing something illegal or merely following orders?

4. Is the stockbroker's client acting illegally?

Fast-forward a few months. Federal investigators are interested in the sale of your stock and the sale of your daughter's stock. Because all signs point to the truth as being an invitation to trouble, you lie. When they talked with your friend about her sale, say investigators, she explained a standing agreement that instructed her broker to sell the stock when the market price went below a specified level. It sounds like a good explanation, so you go along with it.  Now, answer this question.

5. What have you done wrong? What has your client friend done wrong?