“We just received a message from Saddam
Hussein. The good news is that he’s willing to have his nuclear, biological and
chemical weapons counted. The bad news is he wants Arthur Andersen to do it.”
-George
W. Bush, 2002
Salient points that emerge from the case study are:
1. Policies. Andersen tried to present a defense that
destruction of documents was in accordance with its “Document retention
policy”. However, the courts were not impressed because while policies are common
in business and it is not illegal for a manager to instruct his employees to
comply with a valid document retention policy under ordinary circumstances,
policies must be reasonable and evenly applied. In this case, it was seen that
the policy was selectively applied only to Enron documents!
2. Role
of Supervision. The
decision to destroy documents started with Temple, but its implementation was
company-wide. No one questioned, much less opposed, Temple’s instructions. Over
a dozen of Andersen’s most senior global managers were party to discussions in
which pursuit of the mostly ignored document policy was urged, and dozens more
of the firm’s lower level employees carried out the work of purging the record,
without objection. The document destruction was not limited to Andersen’s
Houston office; Enron records were also destroyed in Chicago, Portland, and
London.
3. Corporate Culture. Andersen’s in-house lawyers were expected to
“rubber-stamp” all transactions, regardless of ethical or legal propriety.
Andersen seemingly expected its employees, including in-house counsel, to
protect the “firm” and its clients at all costs, legal or otherwise. Andersen
had an “up or out” environment, in which employees either moved up the ranks or
were moved out of the firm. By the late 1990s, the sure and possibly
only way for Andersen employees to move up the ranks was “to keep both their
bosses and the people at Enron happy” and the sure way was to approve every
transaction. By contrast, the sure way for Andersen employees to
move out of the firm was to dissent to an Enron transaction.
The experience
of Andersen partner Carl Bass exemplifies the “yes-man” culture at Andersen. Bass was a senior partner in Andersen’s Houston
office. He served on the
prestigious “Professional Standards Group (PSG)”, an internal team of accounting
experts that reviewed and approved troublesome “accounting issues” confronting
local offices. For decades, the PSG’s word was accepted as law at Andersen.
Enron was
considered one of Andersen’s highest-risk clients. In
February 2001, Bass, who had been assigned “to monitor . . . high-risk
audit[s], strongly objected to Enron’s accounting.” Bass’s objection was
overruled by local partners in the Houston office; Andersen was the only Big
Five accounting firm that allowed local partners to overrule the PSG. Thereafter,
Bass continued to object to Enron’s accounting and, not surprisingly, tensions
grew between Bass and Enron. Enron “considered him a roadblock to
their rapid fire deal-making.” Rather than stand up for Bass – a
member of the PSG – Andersen, in an unprecedented move that was protested by
most of the members of the PSG, demoted Bass by removing him from all oversight
of the Enron account. Bass was demoted for being too rules-oriented.
The demotion was no small matter, as it was approved by Andersen’s CEO
Joe Berardino.
Bass paid the
price for saying “no” to a rogue client. At least two other Andersen
accountants – Jennifer Stevenson and Pattie Grutzmacher – were also removed
from the Enron engagement for challenging Enron’s use of SPEs. Undoubtedly, these demotions sent a
clear message to all Andersen employees, including Temple.
In this
environment, how could one expect Nancy Temple, a relatively junior in-house
lawyer who had recently been assigned to the Enron account, to say “no” to
Enron or senior Andersen partners when she had recently witnessed the demotion
of a senior partner for the very same act? Thus, Andersen’s culture presented
Temple with an excruciating dilemma: protect Andersen by instructing its
employees to destroy Enron’s documents or destroy her career. Unfortunately,
she chose the former and, ironically, destroyed Andersen.
4. The Temple of Doom. In conclusion, Andersen’s “Temple of Doom”
was its corporate culture, a cult-like culture in which employees were
not free to think or act independently. It was this culture –
and not greedy partners or unethical lawyers – that doomed Andersen to a
needless death.
So, what do we learn from this case study?
This case study is a reaffirmation of the earlier
statement that Organizations create a climate in which humans work and take
decisions. The climate, or culture, created by an organization has a direct
bearing on the type of decisions its employees take, and hence the number of
errors they make!
The role of supervision is
also clearly brought out here. Any degree of supervision over Temple could have
prevented this disaster. However, those responsible for supervising Temple went
along with her…but we will talk more about this when we discuss the role of
supervision in detail.
So, next week we will move on to the higher elements in the error causation food chain.
Until next week,
The Erring Human.
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