Chapter 6
1. Too much pressure. Hank Kolb was put in charge of quality assurance at a
plant where practices were not up to par. The most immediate issue facing him
was what to do about some pressurized cans of lubricant that had just been
shipped out. The cans had been overpressurized by faulty equipment. When this
was discovered, one of the production supervisors vented the excess by hand
without taking measurements to make sure the pressure was within tolerances.
One option was to recall the cans and check them systematically, but this would
be an expensive and time-consuming process, and it would antagonize customers.
Should Kolb recall the cans? Hints. See Case 6.2 for guidance on how to
analyze this case. The utilitarian test can perhaps be applied by the use of
statistical sampling to estimate the cost of possible injuries. Kolb could recall a
random sample of the cans for this purpose. However, you must ask whether
statistical sampling alone can enable Kolb to promise safety, as required by the
generalization principle, or whether a complete recall is necessary. Statistical
sampling presupposes that uncontrolled defects are random.
The utilitarian test balances the utility cost of making a product safe against the
expected disutility of injuries. This requires an estimate of the probability of
injuries, as explained in Case 6.2. Unfortunately, Kolb has no basis for assigning
a probability to injury, because he doesn’t know the pressure in the cans. So we
One remedy would be to recall some of the cans, enough to form a statistically
significant sample, and check the pressure. This may allow Kolb to estimate the
probability that any of the cans could cause problems, and then he could apply the
The generalization test can also be applied. As noted in Case 6.2, selling a
product implies a promise that it is safe, but one can promise only what is under
2. Fraud at Interspeed Corporation. Interspeed Corporation had just gone
public, and Senior Vice-President for Sales Arthur Goodwin was keen to meet
annual revenue targets. The fourth quarter target, for example, was $3 million,
but the books showed only $1.9 in revenue. Goodwin decided he had to do
something. He persuaded Solunet Inc. to take delivery of $1.2 million in
inventory and hold it until another Interspeed customer bought it shortly after the
new year began. Solunet was allowed to return the goods to InterSpeed if it
couldn’t sell them to the third party. Goodwin counted the $1.2 million as
revenue and so pushed fourth-quarter revenue to $3.1 million, slightly above the
target. Goodwin’s conduct was a clear violation of GAAP. Solunet didn’t actually
buy the goods, because it didn’t commit itself to paying for them. So there was no
revenue to report. As it turned out, the customer Goodwin counted on wouldn’t
buy the inventory. So Goodwin arranged for another company, I-Way, to buy or
lease the equipment. When I-Way could not come up with the money, Goodwin
transferred funds to I-Way, which leased the goods from a leasing agent. The
leasing agent bought the goods from Solunet, which used the money to pay
Interspeed, completing the circle.
Goodwin kept digging himself into a hole. In another incident, he forged a
signature on an altered contract to create the impression that Interspeed had
made a $6.4 million sale. Before it was all over, he had overstated the company’s
revenues by 60%, or $9 million. In a June 2006 Federal jury trial, Goodwin was
convicted of securities fraud for his activities at Interspeed. He was sentenced to
30 months in jail, followed by a three-year supervised release. The Securities and
Exchange Commission (SEC) also brought a civil action against Goodwin for the
same offenses. In May 2007, he settled with the SEC by agreeing never to serve
as an officer or director of a public corporation and by turning over $100,521 in
earnings that resulted from his fraud. The payment was waived on grounds of
financial hardship.
It doesn’t take rocket science to show that Goodwin’s conduct was unethical. In
fact, the business scandals we hear so much about may give the false impression
that it is normally easy to recognize the right decision. We hear about these
scandals precisely because they make a sensational story of egregious
wrongdoing. Many real-life decisions are murky and difficult to sort out even
when one has the best of intentions. In the Interspeed case, for example, there are
several hypothetical scenarios in which the right decisions would not be so clear:
1. Interspeed would be forced into bankruptcy if it didn’t show additional
revenue in the current period, but it has very good prospects for the future.
2. In addition to the previous scenario, Interspeed makes products that save
lives.
3. There is a signed contract in which the third party agrees to buy the goods
at the beginning of the new year.
4. Interspeed offers Solunet a percentage of the final sales for buying the
product before the end of the year and passing it on to the other customer
at the beginning of the new year.
Your task is to analyze the case under each of these scenarios.
Hints. For Scenario 1, look at the conditions under which income smoothing can
be ethical in the analysis of Case 6.1. Scenario 2 asks in effect whether the end
Let’s first deal with the issue that Goodwin actually faced. Exactly why was it
unethical for him to fabricate revenue? Because it was deceptive, and deception
Question 1. Imagine that Interspeed’s low revenue in the current period is a
temporary thing. There are large orders in the pipeline, and prospects for the
company are bright. Yet if Interspeed reports the bad news now, investors and
lenders will abandon the company, and it will go under. One might argue that a
little income smoothing would be more honest, as discussed in Case 6.1. The case
Question 2. This question asks whether the end can justify the means—whether
deceptive reporting can be justified by the harm it would prevent. Let’s try to
imagine a situation in which a company, say PharmaLife Pharmaceuticals, could
Chapter 2 of the text points out that the end can never justify an unethical means.
The utilitarian principle cannot override the other conditions for rational choice,
because it asks us to select the act that maximizes utility, and behavior that
Actually, deception is sometimes generalizable. Suppose, for example, that the
secret police of an oppressive regime are seeking out dissidents for torture and
execution. You know where some of them are hiding. When the police come to
your house and ask where they are hiding, you say you don’t know. This is a lie,
One might argue that deceiving the public about PharmaLife’s revenue, solely for
the sake of saving lives, is generalizable. Maybe this is such a rare occurrence
For saving lives to be a rationale for deception, there must be something in the
rationale that explains why this and not other things (such as profitability) justify
Furthermore, if saving lives is really PharmaLife’s reason for deception, it must
be the only reason PharmaLife is fudging the numbers. If GlaxoSmithKline
Question 3. This question asks whether Goodwin’s scheme is ethical if there is a
signed contract for a third party to buy the goods from Solunet after the beginning
of the year. There is nothing new here. The sale will not be made until next year,
Question 4. Here we have a deal in which Solunet agrees to buy the goods now,
and InterSpeed promises a Solunet percentage of the sale revenue if Solunet
resells them. I take this to mean that Solunet assumes the risk. If it cannot resell
the goods, then it is stuck with them. If it does resell them, it gets a “commission”
from InterSpeed that in effect provides Solunet a markup. As I understand it, this
So if the firm is making a good faith effort at accurate reporting, then this could
be the kind of ethical income smoothing discussed above. In particular, it satisfies
(a) because it is intended to provide investors a truer picture of the firm, and (d)
because it accords with GAAP. I will assume (b) it is legal and (c) it will result in
In conclusion, Arthur Goodwin’s conduct is unethical because it fails both the
utilitarian and generalization tests. Income smoothing can be ethical under certain
There are extreme hypothetical conditions under which deceptive revenue
reporting could be ethical, but showing that this would save lives does not
necessarily justify it. At a minimum, the firm must also be prepared to show that
3.* Celebrity endorsement. L&L Advertising just signed a contract with movie
star Lance Willard for celebrity endorsements of Bud’s Best bacon. The president
of the firm assigns the account to Annie, who soon learns the awkward fact that
Lance has just become a vegetarian. The president assures her that all legal
requirements for the endorsement are satisfied, but Annie is uneasy and consults
the American Advertising Federation’s Advertising Ethics and Principles. It
states that “advertising containing testimonials shall be limited to those of
competent witnesses who are reflecting a real and honest opinion or experience.”
When Annie interviews Lance, he assures her that Bud’s Best has been his
favorite brand of bacon since he was a kid. However, he learned during a recent
medical checkup that his cholesterol is dangerously high, and his doctor advised
him to avoid such high-cholesterol foods as bacon and eggs. He decided to avoid
all meat, for good measure. Annie diplomatically asks Lance if he is comfortable
endorsing bacon. Lance responds that his conscience is clean, because he will
describe only the taste and quality of the product, which he genuinely believes are
tops, and say nothing about whether bacon is healthy. If consumers are going to
eat bacon, they may as well eat the best. Besides, many persons can eat a
reasonable amount of bacon without adverse health effects. It is up to consumers
to decide what kind of diet is right for them. Is it ethical for L&L to use Lance’s
endorsement? Is it ethical for Lance to give it?
We can begin with how professional ethics applies, because the case provides
some evidence. Lance seems to meet the stated criteria for an endorsement. I
The endorsement may nonetheless seem dishonest because Lance doesn’t eat
bacon himself. Granted, he won’t say anything in the ad about the health effects
The analogy may seem inexact because we accept the auto expert’s endorsement
on the strength of his expertise, where Bud really has no real “expertise” in bacon.
Expertise could be relevant if the expert refuses to drive on principle, because in
The conclusion seems to be that Lance’s endorsement is ethical if he would be
willing to eat bacon if his cholesterol were normal. Otherwise, it is misleading
There is uncertainty in this analysis, but the uncertainty is due to a question of
23. The MasterDept lockbox problem. MasterDebt, a credit card company,
receives thousands of payment checks from cardholders every month. The
company wants to exploit float so as to earn as much as possible in interest and
fees. Float is the time lapse between the deposit of a payment check and crediting
the amount to MasterDept. Cardholders pay interest on any outstanding balance,
and MasterDebt wants to maximize float to collect more interest from them, and
perhaps late fees as well. The plan is to maximize float by establishing lockboxes
in several cities. Cardholders in each region will be instructed to send their
checks to a certain lockbox, perhaps a distant one to maximize float. The
company is considering six cities as possible lockbox locations, each of which
carries a certain annual fixed cost. The company asked its technical staff to
select lockbox locations and assignments that maximize the difference between
interest earned from float and the cost of the lockboxes. The solution is far from
obvious, but the lockbox problem can be formulated as an uncapacitated facility
location problem, a well-known mathematical model used in operations research.
Solution of the problem reveals that the location of the lockboxes makes a
substantial difference in net benefit to the company. Lockbox location problems
have been solved for many years but raise ethical issues. The interest gained by
MasterDebt is interest lost by its customers. One can ask whether MasterDebt
has the right to collect this interest at the customer’s expense. But this is only an
assertion, not an argument. Even if we accept it, we must decide how much delay
is artificial. Two days? Three days? There are also legal issues involved, partly
due to new credit card regulations recently enacted in the United States. We take
it for granted that credit card companies should abide by regulations. Let’s focus
here on what would be their ethical obligations without specific laws governing
the float period. Your task: arrive at an ethical lockbox location and assignment
policy. Hint. Delay in processing checks incurs social costs because it introduces
uncertainty, makes it more difficult for people to manage cash flow, and may
result in less-than-optimal use of their funds. The interest earned by the credit
card company due to delay may be a rough indication of these social costs, which
can be balanced against the cost of locating lockboxes close to customers. Utility
might be roughly maximized by modifying the facility location model so that it
minimizes the sum of the interest cost to consumers and the cost of the lockboxes.
You should also apply the generalization principle and virtue ethics (think about
why we have financial services professionals).
Let’s begin with a utilitarian analysis. One effect of maximizing float is to
increase the credit card interest charges and late fees, because cardholders must
pay finance charges for a few additional days after they write the check, and their
The issue is how these larger fees affect utility. Credit card interest rates and fees
have sparked controversy for some time. Critics have claimed that the rates are
usurious, and they would in fact be illegal in many states were it not for a U.S.
Another problem with extended float is the general inefficiency that results from
delayed processing. Customers must plan ahead to make sure that their account
will contain sufficient funds several days after they write the check. This
Maximizing float appears to be generalizable. If customers pay more in finance
charges if one company maximizes float, then there is no reason to doubt that
customers would continue to pay more in finance charges if all card issuers
maximized float. The company would therefore continue to achieve the purpose
of its action if all companies with the same purpose acted similarly. Maximizing
Maximizing float is problematic virtue from a virtue ethics point of view. In fact,
one might argue that fast and efficient processing is an essential part what of what
In summary, maximizing float passes the generalization test if it does not increase
As for the issue of how much float is too much, the utilitarian test governs.
The credit card industry raises more general ethical issues. As already noted, there