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Organizational Dynamics, Vol. 36, No. 2, pp.

122139, 2007 ISSN 0090-2616/$ see frontmatter


2007 Published by Elsevier Inc. doi:10.1016/j.orgdyn.2007.03.002
www.organizational-dynamics.com

Understanding the Causes


and Effects of Top
Management Fraud
SHAKER A. ZAHRA RICHARD L. PRIEM ABDUL A. RASHEED

F raud by top managers has become a


worldwide problem. Major scandals
have rocked the U.S. (e.g., Enron Corp., Fannie
WHAT IS TOP MANAGEMENT
FRAUD?

Mae, Global Crossing and WorldCom Inc.), Fraud refers to the deliberate actions taken
drawing attention to the serious consequences by management at any level to deceive, con,
of fraud, not only for companies but also for swindle or cheat investors or other key sta-
their employees, communities and society at keholders. Fraud can take many forms that
large. But fraud by top management is not just include embezzlement, insider trading, self-
a U.S. problem; Asian, European, Latin Amer- dealing, lying about facts, failure to disclose
ican, African and Australian companies also facts, corruption, and cover-ups. Top man-
have been afflicted. Revelations of such fraud agement fraud may also involve intentional
have been alarming across the political and misrepresentations in financial statements.
ideological divide. After all, how can well Managers might also create schemes to hide
paid and highly respected senior executives or misrepresent what the firm does or how
develop such elaborate schemes to defraud the firm does it. Intentionality is the key;
the very people who invested in their compa- senior managers committing fraud willfully
nies? What would lead successful and accom- undertake actions that mislead others.
plished senior executives to lie for money and Some fraud schemes are limited to just
jeopardize their honor, reputations and one or a few transactions (e.g., falsifying a
careers? Moreover, revelations of fraud by document). Others might encompass multi-
senior executives have made many wonder: ple, ongoing activities across several organi-
How can these crimes be committed and per- zational functions or units. For instance,
sist for years in spite of external audits by Adelphia Communications Corp.s founding
professional companies and monitoring by family was accused of fraud when it collected
boards of directors? What can be done to $3.1 billion in off-balance-sheet loans that
reform corporate governance and to instill a were backed by the company. The family also
strong ethical perspective among top man- was accused of overstating the companys
agers? financial results by inflating capital expendi-
In this paper, we discuss different types tures and hiding debt. Enrons top managers,
of fraud by top managers and link them to on the other hand, are accused of developing
various classes of white-collar crime. We an elaborate pyramid-like scheme of new
then identify key societal, industry, organi- businesses that did not actually exist but
zational and individual characteristics that supposedly generated new revenues and
contribute to such behaviors. Next, we high- profits.
light the various societal, industry and orga- The schemes that senior managers devise
nizational effects of top management fraud. to commit fraud also vary in their magni-
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tude. Some affect only particular units or petrator such as receiving promotions or
divisions, while others permeate the entire bonuses. Further, there are some white-collar
firms operations, as in the case of Enron. crimes in which an individual perpetrator is
Some of these acts were committed in one the sole beneficiary and the firm is the victim,
part of the company to cover up acts that in which the firm is the beneficiary and others
occurred in other parts of the operations. in society are the victims, and finally in which
Fraud schemes also vary in their duration; both the firm and the individual acting on
the Enron and WorldCom frauds each per- behalf of the firm are beneficiaries and others
sisted over a decade. in society are the victims.
Some fraud schemes (e.g., falsifying White-collar crimes also can be classified
financial statements to overstate earnings) according to the extent of an individuals
are common among companies across differ- involvement in the crime. This requires us
ent industries. Other schemes are industry- to distinguish active participation from passive
specific, however. For example, the Savings acquiescence. In the first case, individuals are
and Loan (S&L) crisis of the 1980s included actively involved in an illegal activity,
various S&L industry specific frauds, such as whereas in the latter case managers are aware
hot deals involving land flips, nominee of illegality within the organization but are
loans, reciprocal lending, or linked financing, unwilling to take corrective action. In crimes of
as well as more universal fraudulent activ- obedience, the individual is caught in the
ities such as looting by siphoning off funds dilemma of either carrying out a directive that
and covering up to hide insolvency. is wrong or disobeying an order and suffering
the consequences. Finally, there are errors of
negligence or omission that result in harm.
Management fraud can occur as part of
TOP MANAGEMENT FRAUD AS
either occupational or corporate crimes per-
A WHITE-COLLAR CRIME
petrated by those at the very top or the very
Wrongdoing in and by corporations has been bottom of the managerial hierarchy, and can
the subject of considerable concern, study and result from active participation or passive
analysis. Researchers have used numerous acquiescence. Chief executive officers (CEOs),
labels to describe this phenomenon, such as for example, might actively divert corporate
white-collar crime, corporate wrongdoing, funds for their own use, or might knowingly
management fraud, managerial vice, and cor- stand aside while others in their firm market
porate illegal behavior. White-collar crimes unsafe products. First-line supervisors, simi-
have distinctive characteristics that include: larly, may steal from cash registers, or fail to
the absence of physical violence, the existence discipline subordinates who lie about unne-
of strong financial motivations, and the invol- cessary repairs and inflate customer bills.
vement of individuals who are otherwise con- These crimes can be committed by executives
sidered respectable members of society. of business firms, managers of public sector
White-collar crimes include a wide vari- companies, civil servants, or elected officials.
ety of managerial actions. Occupational crimes While all types of management fraud can
are those committed against a firm for the harm companies, individuals and society,
benefit of the individual perpetrator, and the most serious effects become evident when
might include embezzlement or padding these actions are committed by senior man-
expense reports. Corporate crimes are com- agers.
mitted by the perpetrator for the benefit of Fraud by top managers, which is a subset
the corporation, and might include bribery or of white-collar crime, is a particularly serious
pollution control violations. Corporate crimes issue for several reasons. This type of fraud
help the firm for example, to obtain a has devastating effects on a companys share-
contract or reduce costs but these crimes holders and employees, and can ruin the
may also lead to indirect benefits for the per- reputation and credibility of a firm. Just the
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suspicion of top management fraud can lead behaviors. Yet, at a fundamental level, the
to dramatic declines in firms stock prices, as motivation to commit fraud might be deeply
was the case with Tyco International and embedded in top managers personal ambi-
Global Crossing. Moreover, when the public tions, histories, and complex personality
loses trust in the firm and its top management, structures. As Fig. 1 indicates, three key sets
company survival can become doubtful. How of factors societal-, industry-, and company-
can customers trust the claims the company level serve as serious pressures that increase
makes about the quality and safety of its the incidence of top management fraud. Fig. 1
products? How can investors entrust their also identifies several individual characteris-
money with an institution that has violated tics of top managers that could affect the
their trust? Arthur Andersen, for example, degree to which increasing pressures from
folded as a result of its association with the society, industry or organization might actu-
Enron fraud. Further, top managers attitudes ally encourage fraud.
and actions toward fraud can promote similar
behaviors by others throughout the firm.
Societal-Level Pressures
These managers are inclined to tolerate the
questionable activities of their subordinates. Some highlight the social nature of criminal
Indeed, subordinates might come to believe behavior, offering numerous societal or
that the best way to get ahead in the company group-level theories to explain it. These the-
is to commit fraud. Employees with high ories are based on an underlying cultural
integrity might find such an environment deviance idea: that all humans conform to
inhospitable and leave. With their departures, the norms of their group, and crime results
in a culture that perpetuates fraud, whistle only when a subgroups norms conflict with
blowers have little room to get a fair hearing. those of the larger society about the definition
Fraud by top managers is truly shocking to the of what is or is not criminal behavior. At the
public as in the recent mutual fund scandals, broader societal level, anomie theory pro-
because it represents a serious betrayal of trust poses that societal norms affect individuals
by those who supposedly have been selected aspirations for things like material goods and
specifically for their leadership, ability, integ- other indicators of success. Individuals who
rity and character. are unable to achieve their aspirations by
Ironically, management fraud is com- conventional means experience strain, and
mitted by highly successful people who may seek to relieve this strain by using deviant
already have made it. These managers means to achieve their desired ends. This, of
are the leaders of their industries and can lose course, suggests a social class basis for crime.
nearly everything if their fraud is discovered. Specifically, those in lower social classes will
This begs the question: Why in the world do experience more strain (because of their pov-
such accomplished senior executives commit erty or a sense of inequality) and seek to
fraud? Why are they willing to take such relieve their strain by turning to criminal
undue risks? Next, we attempt to provide behavior.
some answers to this complex question. White-collar crimes committed by top
managers present a challenge to social
class/poverty theories of crime. These the-
ories fail to effectively explain criminality
WHY DO TOP MANAGERS
by high status individuals such as senior
COMMIT FRAUD?
executives of the worlds largest corporations.
Human beings are subject to a number of These people are well paid, are in the upper
influences, and top managers are no excep- socio-economic classes, and are less prone to
tion. There are several societal, industry and experience strain in the traditional sense. To
organizational factors that can pressure man- rise to the top of their companies, it is reason-
agers and even encourage their fraudulent able to assume that the values of these man-
124 ORGANIZATIONAL DYNAMICS
FIGURE 1 CAUSES AND EFFECTS OF TOP MANAGEMENT FRAUD

agers are somewhat similar to those of their cultures value aggressive and fast-paced stra-
broader society. Still, these managers may be tegic moves. Others reward calculated and
subject to the strain of inflated expectations more deliberate strategic actions. These cul-
where what they receive from their companies tures influence how senior managers define
and jobs can never be enough, as we explain their companys status in the industry and
later. how to improve or simply retain such status.
Executives know well that they have to match
the industrys rhythms and pace of strategic
Industry-Level Pressures
change in order to do well.
Industry conditions can also pressure Industries vary significantly in their experi-
senior managers to commit, encourage or ences with management fraud. In industries
enable fraud. Most generally, challenging where fierce competition prevails, pressures
industry conditions often trigger and even to commit fraud mount. A survey of the
intensify fraud. Further, as we show in highly competitive airline industry reported
Fig. 1, several industry-related factors may several hundred incidents of fraud committed
influence the incidence of top management by employees and management in a 12-
fraud: industry cultures, norms and histories; month-period. The construction as well as
industry investment horizons, payback peri- casino and gambling industries have had long
ods and financial returns; industry concentra- histories of managers accepting bribes and
tion; environmental hostility; environmental working around existing laws and regula-
dynamism; and environmental heterogeneity. tions. These variations reflect long standing
informal rules of doing business in these
Industry cultures, norms and histories. industries.
Over time, industries develop unique his- An important variable that can influence
tories and norms that shape company, man- managers desire to commit fraud is the pre-
agerial and individual behaviors. Some valence of norms of collaboration in the
125
industry. In those industries where a norm of tionally overstating results. These expecta-
reciprocity and collaboration prevails, senior tions often begin in newer industries that
managers may be less pressured to commit promise to revolutionalize the world, as in
fraud. For example, inter-firm collaboration the early years of the dot.com boom. How-
is widespread in the biotechnology industry, ever, they do trickle down to other industries
where companies usually face long develop- and infuse a belief that companies can gain big
ment and regulatory approval cycles. Con- by taking huge risks in newly defined market
fronted with huge development costs and spaces. When these expectations become dif-
limited resources, companies have found fused, a sort of financial frenzy overtakes the
alliances to be useful in reducing uncertainty industry, and investors and analysts become
in their research and development (R&D) greedy expecting more gains than compa-
and other operations. Collaboration also nies are able to deliver. Here, too, some man-
helps reduce the odds of failure in new agers might revert to fraud as a means of
product development and improve compa- inflating earnings and keeping up with the
nies financial performance, possibly lower- industrys expected high returns.
ing the incidence of management fraud.
Collaboration puts the credibility of the com- Industry concentration. In a free market sys-
pany and its managers to test; others are apt tem, competition disciplines management
to probe what these managers and compa- and encourages innovation and entrepreneur-
nies do. Mindful of potential scrutiny, execu- ial risk-taking that creates wealth. When an
tives are likely to behave in ethical ways. industry becomes concentrated (i.e., domi-
nated by a few firms), the possibility of collu-
Industry investment horizons, payback per- sion increases. Large companies that
iods and financial returns. Expectations dominate these industries can deploy their
regarding payback periods, time horizons resources to influence regulators, escaping
and acceptable return rates on investments public scrutiny. Given their vast powers
also vary from one industry to the next. The and resources, these companies also influence
pharmaceutical industry is accustomed to the political system and may mute its ability to
longer investment horizons, coupled with discipline managers. Even when managers
high payback from successful products. In get caught committing fraud, they can use
the software industry, upgrades are intro- their companies resources to defend them-
duced frequently, and therefore investment selves. These large monopolies have well
horizons are much shorter and oftentimes staffed legal departments that work to protect
lower margins are expected. These variables the interests of their companies and managers.
influence stock analysts forecasts of a com- Managers can also claim that the very com-
panys financial performance, possibly pres- plexity of their companies precludes their
suring managers to smooth their earnings and knowing what is going on in each and every
even commit fraud. Senior executives know division or operation. Some senior managers
that their tenures, compensation packages might commit fraud in the knowledge that the
and even reputations are determined by the punishment will be delayed or modest. Thus,
extent to which their companies perform rela- as an industrys concentration increases, both
tive to analysts forecasts. In this context, some the incentives and opportunities for top man-
managers might view fraud as a means of agement to commit fraud also increase.
correcting deviations from these forecasts.
Irrational expectations beliefs that a new Environmental hostility. Some industries,
technology or business model will generate such as the biopharmaceutical, communica-
much higher returns than traditional tions or computer software industries, offer
approaches can also become the norm settings in which resources and growth
among investors and analysts, pressuring opportunities are relatively abundant. Other
senior executives to commit fraud by inten- industries are ripe with hostility, where a
126 ORGANIZATIONAL DYNAMICS
firms major industrys competitive condi- new businesses or acquiring companies
tions are not supportive of the companys in current or new industries. Witness the
mission or growth goals. The banking and abundant, indeed phenomenal, growth
financial services, metalforming, wood pro- opportunities companies have in the telecom-
ducts and clothing and textile industries are munication industry. With rapid and relent-
characterized by low or declining demand, less technological change, new niches
strict regulatory rules, intense competition, continue to emerge and grow. Of course,
low profit margins, and a high rate of orga- companies have to invest heavily in identify-
nizational failuresmajor conditions that ing these opportunities and create the infra-
encourage management fraud. Companies structure necessary to exploit them. These
in these hostile environments often need to investments may lower a firms short-term
invest heavily in product, process and admin- performance. The limited resources available,
istrative innovations. They also have to invest intense technological change and the constant
heavily in advertising and promotion to retain entry of domestic and international competi-
customer and attract new users. Most of these tors coupled with opportunities for growth
investments help the firm to simply stay alive can both excite managers and heighten their
in an increasingly harsh, demanding and perceptions of the risks associated with these
unmanageable competitive terrain. investments. Even in the most dynamic indus-
Environmental hostility has additional, tries, there are no guarantees of long-term
though indirect, effects on managerial fraud. survival or success. Uncertainty raises the
As hostility rises and organizational perfor- probability of managerial fraud.
mance deteriorates, some executives centra- One factor that can contribute to a higher
lize their operations. These structures are incidence of management fraud in dynamic
characterized by the prevalence of formalized industries is the increased specialization of a
rules. They also tend to have clear financial companys key personnel. As the firm
systems of control in place. Such controls expands its operations, environmental dyna-
establish specific quotas but rarely ask people mism allows each division or unit to work
how they are accomplished. These rules might independently. Autonomy, in turn, gives
promote and perpetuate fraud. When the senior managers the opportunity to commit
firms environment is hostile, senior managers and conceal fraud. With rapidly changing
might even restrict communication about the market conditions few have the time, energy
firms financial position and performance. For or desire to probe deeply into what senior
these reasons, outsiders cannot fully and accu- managers are doing.
rately evaluate what is happening internally.
In turn, this makes it difficult to spot and stop Environmental heterogeneity. When a firm
managerial fraud in a timely fashion. Overall, (e.g., IBM Corp., Microsoft Corp. and Hew-
high levels of environmental hostility might lett-Packard Co.) competes in different mar-
encourage centralization that gives top execu- kets, targeting different customer groups who
tives an opportunity to commit fraud and have divergent needs and expectations, its
conceal it from others. business environment is considered hetero-
geneous. Thus, diversified firms (e.g., Dow
Environmental dynamism. Technological Chemical Co.) typically face heterogeneous
advances, market changes and competitive environments. This heterogeneity is a major
moves alter companies external environ- source of complexity; since it becomes diffi-
ments. These changes influence the dyna- cult for top managers to predict forthcoming
mism of the companys environment, changes in their external environments accu-
meaning the speed and unpredictability of rately or control the forces that lead to changes
change in a given industry. Dynamism creates in their operations. Heterogeneous environ-
opportunities that companies can exploit to ments are, therefore, complex business set-
achieve profitability and growth by creating tings with correspondingly complex
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organizational structures that makes it hard to managed their companies earnings to
fully comprehend the various transactions a increase their cash compensation and
firm undertakes, which provides opportu- bonuses, and have manipulated earnings to
nities for top managers to commit fraud. Com- increase their proceeds from initial public
panies address the growing complexity of offerings (IPOs). Thus, some senior executives
their external environments by giving their make key company decisions (e.g., acquisi-
managers more discretion and latitude in tions, international expansion and innova-
making important decisions. This increased tion) with an eye on maximizing their own
discretion could enable managers to commit wealth.
fraud and conceal it. Several legal and regulatory systems have
To recap, several industry factors indivi- been designed to limit the opportunistic beha-
dually or jointly might pressure senior man- viors of senior managers. These systems
agers to commit fraud, or might provide define the roles, rights and responsibilities
particularly attractive opportunities for those of senior managers, especially in protecting
who wish to undertake such fraud. But the fact the interests of stakeholders. Besides these
remains: while pressures on managers external systems, some companies have also
increase, not every senior executive is willing developed codes of conduct that spell out
to commit fraud. This willingness to engage in expectations of what is acceptable and unac-
fraud increases when certain organizational ceptable managerial behavior. Companies
conditions coexist with the mounting pres- internal control systems have also been
sures created by the external environment. revamped to thwart and uncover manage-
ment fraud. These internal controls are
headed by the board of directors. The efficacy
Organization-Level Pressures
of boards rests on two other factors that we
One fundamental characteristic of todays will discuss below: senior leadership and
large companies is the separation of their organizational culture.
ownership and control systems. The stock of
most of todays leading public companies is Board composition. The primary responsi-
widely dispersed among millions of owners bility for monitoring top managers rests with
around the globe. It is common for the stock- the board of directors in public corporations.
holders of large, publicly held corporations to In the past, however, some boards of directors
delegate their decision making powers to did not hold top managers sufficiently
hired and paid managers whose only connec- accountable. These boards typically were
tion to the company is through their employ- appointed by the CEO, who often also served
ment contract. Even with this delegation, as board chair. Many directors served simul-
individual stockholders have few incentives taneously on numerous other boards as well.
to devote resources to monitoring senior man- A lack of aggressive monitoring by these
agers, partly because stockholders typically boards sometimes allowed fraud to occur
diversify their risk by owning a portfolio of undetected.
securities. Without stockholder monitoring, As a result of growing shareholder acti-
some executives may act opportunistically vism and mounting threats of litigation,
and enrich themselves while foregoing stock- however, boards are increasingly transform-
holder-desired, long-term value creating ing themselves from rubber stamps for
activities for their firms. Managers have managerial decisions into more active and
learned that their pay, promotion and tenure vigilant monitors. Audit committees have
are tied to their companys short-term perfor- become more prevalent, active and watchful
mance. These managers have devised ways to of managerial fraud. These committees have
inflate earnings, hoping to improve their own retained experts and conducted independent
incomes. In fact, researchers have found that analyses to ensure that corporate financial
some senior executives have deliberately statements do not conceal fraud.
128 ORGANIZATIONAL DYNAMICS
Board composition is also changing to Senior leadership. The actions of top man-
ensure wider representation of shareholders agement, especially the CEO, shape the ethical
diverse composition and interests. This chan- climate in a company. These actions define
ging composition has centered on increasing and enforce norms of integrity and honesty
the proportion of outside directors who serve throughout the organization. Ethical leader-
on the board, a practice that can be effective ship encourages employees to honor and pro-
in limiting top management fraud. Some tect the interests of key stakeholders. It also
research reveals that boards that are domi- encourages critical evaluation of those who
nated by outside directors who act indepen- are in power. When leaders who espouse and
dently from management are best positioned practice ethical values are in charge, one
to monitor executives and curb their oppor- would expect top management fraud to be
tunistism. The recent dismissal of Conrad limited, if not extinct. Conversely, when lea-
Black, CEO of Hollinger International, by ders do not follow these ethical values, fraud
the companys board is an example of the might become more widespread. Even when a
growing role outside board members play in CEO does not engage in wrongdoing, he (she)
disciplining senior managers to ensure a can still promote it by rewarding, condoning,
focus on long-term value creation. Outside ignoring, or even covering it up.
directors act independently particularly The influence of the CEO becomes even
when they enjoy long tenures on the board more significant when the CEO is particularly
and own some of the companys stock. In charismatica quality that leads to greater
these cases, outside directors have a vested identification, trust, and reflexive obedience
interest in company performance and tend to by subordinates. Subordinates frequently
become more vigilant of senior managers emulate the charismatic CEOs behavior.
actions. Companies have also used stock Charismatic leaders usually build coalitions
ownership to bond their outside directors of unquestioning followers who fail to probe
with the companys future. Outside directors their leaders failings. Recent examples of
know that effective governance through vig- such leaders who led their organizations
ilance is conducive to ethical and responsible down a fraudulent path include Michael
top management leadership that can enhance Monus of Phar-Mor Inc., John Gutfreund of
the companys performance. When the com- Salomon Brothers LLC, Dennis Kozlowski of
pany is doing well financially, the odds are Tyco, and Barry Minkow of Zzzz Best Com-
that the value of outside directors stock will pany, Inc. Powerful and charismatic leaders
increase. are also skilled in silencing dissent and critical
Another important trend in corporate gov- evaluation, possibly neutralizing their ene-
ernance is the growing separation of the mies. When charismatic leaders are at the
positions of the board chair and CEO. helm of organizations and commit fraud,
Intended to reward good performance by employees may not come forward and blow
CEOs, the practice of combining both the the whistle on their leaders corrupt beha-
positions in one person has resulted in con- viors. Clearly, top leaders lack of commit-
centrating corporate powers. When one per- ment to ethical behavior can encourage and
son holds these two positions, the system of even facilitate fraud. Unethical charismatic
checks and balances needed to retain integ- leaders also consolidate their powers, intro-
rity and objectivity in decision-making is duce fraudulent schemes, and use their per-
compromised. Worse, when a corrupt person sonal magnetism to mislead others. These
holds the two important positions at once, he leaders also shape their firms cultures, per-
(she) can get away with committing fraud petuating their dysfunctional influence for
and concealing it. Conversely, when these years.
two positions are performed by two separate
people, the odds are higher that fraud will be Organizational culture. Over time, some
reduced or uncovered quickly. organizations can develop deviant cultures
129
in which wrongdoing is rationalized and both aspirations and associations. It also sets
institutionalized. These organizations are the institutions and rules that guard against
often led by leaders who tolerate unethical opportunism, deceit and dishonesty, aiming
behavior and conceal corrupt practices. These to protect the common good. At the industry
leaders might also encourage gamesmanship level, highly concentrated industry structures,
and political maneuvering as a means of get- resource scarcity, and rapidly changing envir-
ting ahead. Leaders of these companies might onments often intensify managers willing-
also set unrealistic goals that are hard for their ness to commit illegalities, especially fraud.
subordinates to attain, given the resources Further, as we have discussed, organizational
and time available. These qualities character- level variations matter. Larger companies are
ize the tenure of John Gutfreunds leadership more complex and often decentralize their
at Salomon Brothers, resulting in a widely operations, providing an opportunity for ille-
publicized bond trading scandal. gal acts while reducing chances of detection.
Unethical organizational cultures imbue The level of monitoring by boards of directors,
lawbreaking with the normative status of and ethical or unethical corporate cultures,
business as usual and thus facilitate crim- also affect the likelihood of white-collar crime.
inal behavior. Enron, Salomon Brothers and Senior managers at firms with little or no
Bank of Credit and Commerce International organizational slack may feel that they must
(BCCI) are three prime examples. Moreover, commit illegal actions just to survive.
unethical subcultures can become accepted Yet, the commission of fraud at the high-
as the result of compartmentalization of est levels in organizations ultimately
identities. That is, although a subculture involves individual decisions to participate
may hold values that are apart from the or to acquiesce. Therefore, in Fig. 1, we show
overall social norms and even individual how individual level factors can either
ethical norms, individuals apply the deviant weaken or strengthen the effects of indus-
values only in the context of their subcultural try-level or firm-level pressures on the inci-
identities. People working in organizations dence of top management fraud. Individual
or units with these deviant cultures feel characteristics affect the degree to which
trapped; they either have to go along with rising pressures from society, the industry
unethical behaviors such as fraud or exit or the organization may result in the decision
their companies. This creates a climate of to commit fraud or to acquiesce when fraud
fear, where people with few or limited is observed. In particular, a managers back-
options for career mobility feel that fraud ground could influence his or her willingness
is acceptable. These norms often persist to commit crimes, including fraud. Among
because these companies are led and mana- the most relevant variables are age, experi-
ged by corrupt senior leaders, who are will- ence, education, and gender. In addition,
ing to cut corners to retain their positions and self-control is an important consideration.
advance their own interests. New members
of the top management teams are likely to
Age
learn from those who have made it to the top
of the organizational pyramid and imitate Age influences individuals decisions con-
their behaviors. cerning both common street crimes and
white-collar crimes. Generally, youth is asso-
ciated with risk-seeking, and with an inabil-
ity to delay gratification or accurately
INDIVIDUAL CHOICE
evaluate long-term consequences. The need
We have just seen how societal, industry and for accomplishment and career advancement
firm characteristics can affect the incidence of is strongest in a managers earlier years.
top management fraud. Society, for example, Older executives might commit fraud to pro-
establishes an individuals values through tect their entrenched and prestigious posi-
130 ORGANIZATIONAL DYNAMICS
tions and perks. Maturity, however, is asso- of committing fraud. Typically, level of edu-
ciated with moral development. Further, cation is positively associated with the level
managers increasing age is associated with: of moral development that defines right and
deliberateness in decision making, seeking wrong. Yet, some studies have shown that
more information for the decision, more business and economics education actually
accurate diagnosis of the information gath- may cause a decline in moral development,
ered, less confidence in being right, and because such programs can increase self-
greater willingness to reconsider. This sug- interested behaviors in some individuals
gests that older executives are reluctant to and thereby encourage unethical practices
make precipitous decisions under the sway and fraud, if necessary to get ahead. A need
of industry or organizational pressures. to get ahead at any cost, and to play the
Thus, all else equal, external pressures are game to reap corporate perks, could result
less likely to influence older top managers to in fraud being considered acceptable beha-
commit fraud. vior if everything else fails.

Experience Gender
Experience may also influence the likeli- Some research has related gender to the
hood of corporate illegalities, especially in proclivity for illegal activities. Typically,
hostile organizational environments (gro- males have been found to be more willing
cery, wood product and textile industries) than their female counterparts to accept
where pressures on executives are high. The unethical behavior in achieving their goals.
length of a managers tenure is only one Males are often the key culprits in corporate
factor; more mobile, shorter-tenured senior fraud, probably because men continue to
executives are more apt to engage in illegal dominate corporate leadership positions.
activities. Executives with long tenures may Despite progress made to date, women are
become burned out and may not engage in not plugged into existing corporate power
fraud because of their resistance to change. centers.
These managers, however, might also pas-
sively acquiesce when fraud occurs. Func-
Self-Control
tional background is another factor that
influences the likelihood of top managers Some criminologists highlight the trait of
committing fraud. Manufacturing CEOs self-control as an explanation of both white-
with finance and administrative back- collar and common crimes. They argue that
grounds, for example, were found more all crime is associated with one stable indi-
likely to engage in antitrust violations than vidual trait low self-control that is shared
were CEOs with other backgrounds. These by all criminals. Individuals with low self-
managers understand the complexities of the control are apt to be risk-takers who, when
system and develop their fraud schemes with the opportunity presents itself, opt for the
this knowledge in mind. In sum, experience- immediate gratification associated with
related factors such as tenure in the job and criminal behavior. Thus, the firm provides
functional experience might reinforce indivi- a setting in which opportunities for white-
duals decisions to commit fraud, especially collar crimes (including fraud) abound for
when competitive conditions are challen- top managers who are so inclined. According
ging. to this view, the characteristics of the firm are
not major causal factors determining
whether managers have the propensity
Education
toward criminal behavior. Critics counter
A senior managers educational back- that senior executives must have a certain
ground also can contribute to the likelihood level of self-control to have advanced
131
upward through the organizational hierar- panying sidebar story of Mr. Walt Pavlo, a
chy. Of course, there are instances in which former senior manager at MCI, illustrates
individuals who have reached the highest how industry and firm level factors interact
levels (e.g., Bill Clinton) have at times exhib- with individual choices to influence the com-
ited relatively low self-control. The accom- mission of fraud by managers.

132 ORGANIZATIONAL DYNAMICS


133
CONSEQUENCES OF TOP of fraud by a firm becomes public knowl-
MANAGEMENT FRAUD edge, it immediately reduces the stock mar-
ket value of the companies involved. Bond
Top management fraud has pervasive and
holders and other creditors of the firm can
wide reaching effects. It has afflicted share-
also end up bearing the negative effects of
holders, employees, the communities in
management fraud. If the companys credit
which firms work, and society at large
rating is lowered when fraud is revealed,
(Fig. 1). Fraud can also damage managers
bonds issued by the firm lose value and
reputations, end their careers, lead to their
the bond holders immediately suffer. In
firing, and cause their imprisonment. Under-
many cases, banks may have lent money
standably, recent revelations of massive and
against either overvalued or nonexistent col-
widespread management fraud around the
lateral or inflated cash flow projections. This
globe have stirred a heated debate about the
makes the recovery of these loans proble-
roles of auditing firms, corporate boards of
matic, and shareholders of banks may end
directors and regulatory agencies in uncover-
up paying a price because of the decline in
ing and preventing such activities.
the share prices of the bank itself, if the
amounts involved are substantial.
Revelations of management fraud have
Effect of Fraud on Shareholders
also shaken the publics faith in the ability
and Debtholders
of boards of directors to monitor management
Shareholders are invariably the first vic- and protect shareholders wealth. Through
tims of top management fraud. When news fraudulent accounting practices, WorldCom
134 ORGANIZATIONAL DYNAMICS
was able to conceal $3.5 billion in losses from tive societal consequences. In the Enron case,
its directors. These revelations have pressured for example, these included: the loss of sev-
corporate boards of directors to develop and eral thousand jobs; the loss of employees
enforce effective control systems that reduce pensions; and the loss of tax revenue to the
fraud. As a result, audit committees are city of Houston, where the company had its
increasingly under pressure not to accept headquarters and was a major employer.
managers certification of their companies Thus, top management fraud affects society
financial results and instead conduct their overall, communities, employees and the
own independent evaluations of companies reputations of the managers involved.
financial positions and various business trans-
actions. Shareholders can no longer assume Society. Fraud also depresses the overall
that management is acting within the law or moral climate in a society. It can lead to a
with their best interests in mind. Shareholders general lack of faith in the integrity of senior
now require greater openness on the part of managers, erosion in the confidence in the
their senior managers. free market system, including its political
Recent revelations of management fraud institutions, processes, and leaders, and a
have led to a reexamination of the impor- general growth of cynicism in a society.
tance of shareholders relative to other stake- The most corrosive consequence of an envir-
holders. In some cases, shareholders are now onment in which individuals do not trust the
being given priority over creditors when leading institutions of society such as large
fines and penalties are paid out. Tradition- corporations is the destruction of social capi-
ally, creditors were always paid first. How- tal. Much of the economic success of capital-
ever, with Sarbanes-Oxley, shareholders are ist societies is based on the level of trust and
considered the biggest victims and therefore resultant cooperative behavior prevailing in
entitled to the relief provided by the penalty. those societies. The recent wave of corporate
Interestingly, one of the most far-reaching scandals in the U.S. and elsewhere has led to
consequences of management fraud may legislation that imposes significant compli-
be increased activism and vigilance by share- ance costs on corporations. This has caused
holders and other affected stakeholder small and medium firms to de-list from stock
groups. For example, reacting to the portfolio exchanges. It has also discouraged many
losses of the rank and file, labor unions have private firms from going public. The failure
brought as much as 40% of shareholder reso- of accounting firms to detect managerial
lutions during annual meetings in recent fraud has also led to less faith in audited
years, and the AFL-CIO is pushing for rules financial statements. Worse still, many
that would give small investors even more believe that the accounting firms have com-
clout. Fraud by senior executives has promised their own integrity because of
angered shareholders who are increasingly the lure of lucrative consulting contracts
fighting back, seeking reparations for the from firms they were auditing. Arthur
significant losses they have endured. Andersons demise was a direct result of
its implicit complicity in Enrons fraudulent
financial reporting. Other accounting firms
Effects on Other Stakeholders have had to pay substantial penalties for
their failure to detect fraud during audits.
Although there are no exact estimates of Not surprisingly, recent occurrences of man-
the economic costs of management fraud, the agement fraud have caused society to take a
cost to society is considered staggering, with much harder line regarding punishment of
recent estimates of annual losses because of those involved.
fraud ranging from $200 billion to $600 bil-
lion. An analysis of well-known fraud cases Local communities. The communities that
reveals a variety of direct and indirect nega- house companies found guilty of fraud also
135
frequently pay a heavy price for manage- difficult to find jobs elsewhere. For example,
ments actions. Unemployment, loss of in the aftermath of the crash of BCCI as a
endowments for the arts and schools, result of fraudulent and illegal actions of its
depleted stock portfolios and decreased top management, many of the middle-level
demand for secondary businesses, such as managers who were in no way connected to
restaurants and gas stations, all hurt these these illegalities found it impossible to find
communities. Communities that have suf- employment in the banking industry. These
fered the devastating effects of management seriously negative effects have made some
fraud include Clinton, Mississippi, where the employees more vigilant of what their top
world headquarters of WorldCom were managers are doing and are more willing to
located, and Houston, Texas, where Enron blow the whistle on suspected offenders.
had its headquarters. When WorldCom chose Companies have also started to develop in-
Clinton, a small college town, to house its house whistle-blowing programs, hoping to
world headquarters, the town experienced a stop fraud. These programs encourage
boom period. After massive layoffs and bank- employees to anonymously disclose con-
ruptcy, WorldCom officially changed its cerns about accounting and operational
name to MCI and moved its headquarters issues.
from Clinton to Ashburn, Virginia. World-
Coms demise left local stockholders with Reputations. Fraud also damages the repu-
worthless stock, and left Clinton without the tations of the individuals and firms
company that put it on the map. Although involved. Revelations of top management
Houston has proven to be a large enough fraud have caused the public to question
community to survive the fall of Enron, it the ability of boards of directors to monitor
was nonetheless hurt by the Enron implosion. senior executives and protect shareholders
The negative impact of Enrons fraud extends wealth. In many fraud cases, senior execu-
well beyond those who lost their jobs, and tives have been indicted, forced to resign, or
includes many Houstonians who did not have lost their jobs. Some executives have been
a direct interest in the company. Hotels, res- found guilty and were fined and sent to jail.
taurants and catering services, transportation Many of these managers will never recover
providers, florists and universities all suffered professionally from having their reputations
significant losses in revenues following reve- tarnished by committing fraud. The compa-
lations of Enrons fraud. nies for which they had worked also con-
tinue to struggle with their own image,
Employees. Employees of companies whose hoping to salvage their reputation and
top managers engage in fraud often are hit regain public support.
the hardest, even when they are unaware of
their executives illegal activities. Fraud can
cause employees to lose their jobs, their
CONCLUSION
retirement savings (which often are tied up
in company stock) and their reputations. In Despite the public outrage about the preva-
the case of Global Crossing, employees were lence of fraud, we still do not have clear
not allowed to unload their stock for five answers to a number of simple but important
years, according to their employment con- questions about management fraud. For
tract. Adding insult to injury, while this was example, what motivates successful senior
happening Chairman Gary Winnick was managers to engage in fraud? How do these
spending $94 million to purchase and reno- managers succeed in co-opting and invol-
vate a massive California estate! ving others in their fraudulent schemes?
Frequently, the very fact that employees Why do many members of the organization
have worked for a fraudulent company taints who uncover fraud, accidentally or other-
their resumes to the point that some find it wise, nevertheless fail to report it? And what
136 ORGANIZATIONAL DYNAMICS
perpetuates such silence and compliance to Our discussion of the various effects of
corrupt authority? top management fraud serves as a reminder of
There is no doubt that todays business the critical importance of ethical and respon-
environment has spawned vast new oppor- sible senior leadership. Boards of directors
tunities for fraud in which highly placed need to make the recruitment, retention, nur-
insiders steal from their own institutions. turing and promotion of such executives a
These crimes are: difficult to detect in the priority. Companies must also strive to
short run; complex in their design, and there- develop organizational cultures that encou-
fore difficult for even those who are finan- rage reporting of abuses and fraud, and
cially sophisticated to fully comprehend; protect whistle blowers. These cultures
several orders of magnitude larger than emphasize ethical behavior in hiring, evaluat-
the manufacturing sector crimes of earlier ing, rewarding and promoting employees and
years; and extremely difficult to prosecute managers alike, while setting and reinforcing
and obtain convictions because of the var- realistic performance expectations at every
ious means available to senior executives to managerial level.
cover their tracks. Fraud by top management
has devastating effects on shareholders,
employees, communities, companies, and
society at large.

137
SELECTED BIBLIOGRAPHY

Detailed discussions of the pressures that can Learning & Education, 2005, 4, 7591. A more
contribute to managerial fraud, and the per- detailed exposition of the evidence concern-
sonal characteristics that can affect the like- ing business and economics education and
lihood of managers bowing to pressure to ethical behavior can be found in A. J. Daboub,
commit fraud, can be found in M. S. Baucus, A. M. A. Rasheed, R. L. Priem, and D. A. Gray,
Pressure, Opportunity and Predisposition: Top Management Team Characteristics and
A Multivariate Model of Corporate Illegal- Corporate Illegal Activity, Academy of Man-
ity, Journal of Management, 1994, 20, 699721; agement Review, 1995, 20, 138170.
and in A. J. Daboub, A. M. A. Rasheed, R. L. There are a number of books that provide
Priem and D. A. Gray, Top Management detailed and highly readable case histories of
Team Characteristics and Corporate Illegal companies and their leaders who have
Activity, Academy of Management Review, engaged in fraudulent behavior. Power Failure:
1995, 20, 138170. Insights from the crimin- The Inside Story of the Collapse of Enron by Mimi
ology literature are explained and debated in Swartz and Sherron Watkins, as well as Smart-
M. R. Gottfredson and T. Hirschi, A General est Guys in the Room: The Amazing Rise and
Theory of Crime (Stanford, CA: Stanford Uni- Scandalous Fall of Enron by Bethany McLean
versity Press, 1990). and Peter Elkind, are helpful in understand-
For more on factors that contribute to ing management fraud at Enron. Daniel
situations wherein fraud might be considered Aksts Wonder Boy: Barry Minkow-The Kid
business as usual, see B. E. Ashforth and V. Who Swindled Wall Street describes the rise
Anand, The Normalization of Corruption in and fall of Zzzz Best, the company he founded
Organizations, Research in Organizational and its fraudulent history. Bre-X: The Inside
Behavior, 2003, 25, 152. The debate about Story by Dian Francis details how a small
whether it is the individual or the corporate Canadian gold mining company defrauded
environment that contributes most to fraudu- investors, Wall Street analysts and even the
lent behavior is examined by L. K. Trevino and Indonesian government by making false
S. A. Youngblood in Bad Apples in Bad claims of huge gold deposits in Busang, Indo-
Barrels: A Causal Analysis of Ethical Deci- nesia.
sion-Making Behavior, Journal of Applied Psy- Finally, for more details of the scholar-
chology, 1990, 75, 378385. The potential ship behind our review and model, see S.
detrimental effects of management education Zahra, R. L. Priem, and A. M. A. Rasheed,
are examined in S. Ghoshal, Bad Manage- The Antecedents and Consequences of Top
ment Theories are Destroying Good Manage- Management Fraud, Journal of Management,
ment Practices, Academy of Management 2005, 31, 803828.

Shaker A. Zahra is the Robert E. Buuck Chair of Entrepreneurship and a


professor in the strategy and organization department at the Carlson
School of Management, University of Minnesota, where he co-directs the
Center for Entrepreneurial Studies. He has also been a visiting professor in
several leading universities outside the U.S. His research has appeared in
138 ORGANIZATIONAL DYNAMICS
major scholarly journals. Zahra is chair of the Entrepreneurship Division of
the Academy of Management (Tel.: +1 612 626 6623; fax: +1 612 624 2046;
e-mail: szahra@csom.umn.edu).

Richard L. Priem is the Robert L. and Sally S. Manegold Professor of


Management and Strategic Planning and a professor of management in the
Sheldon B. Lubar School of Business at the University of Wisconsin-
Milwaukee. He earned his Ph.D. in strategic management from the
University of Texas at Arlington. He was a Fulbright scholar at the
University College of Belize, and he has visited at the Hong Kong
Polytechnic University, HKU.S.T and Groupe ESCEM in Tours,
France. His research interests include top management decision-making
and processes (Tel.: +1 414 229 6865; fax: +1 414 229 5999; e-mail:
priem@uwm.edu).

Abdul A. Rasheed received his Ph.D. from the University of Pittsburgh.


His research interests include environmental analysis, corporate govern-
ance, and international comparisons in strategy, outsourcing, and
franchising. He has published in many leading journals such as Academy
of Management Review, Strategic Management Journal, Journal of Management
Studies, Journal of Management, Management International Review, Interna-
tional Business Review, and Strategic Organization. Rasheed teaches in the
areas of strategic management and international business. He has lectured
at universities in Singapore, Hong Kong, China, and Korea and India
(Tel.: +1 817 272 3867; fax: +1 817 272 3122; e-mail: abdul@uta.edu).

139

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