Closing the open door to corruption in financial institutions
continued
from yesterday
‘Conflict of interest’
Another significant threat to good governance and ethical behaviour
is ‘conflict of interest’. This has been a subject of great importance
in recent scandals where agents and professionals failed to exercise
proper judgement on behalf of their principals. Decision- makers usually
have a priority of duties that they are expected to fulfil.
A conflict of interest confuses and distracts the decision- maker
from that priority of duty, resulting in harm when legal and ethical
expectations are not fulfilled.
Looking at the bigger picture, during good times, success feeds greed
and caution is thrown to the winds. Ambitious managers tend to forget
good governance and accountability, and success often helps them to get
away with it.
They take more risks to expand their businesses, and the shareholders
tend to encourage them as long as they succeed.
For example, a very large group of successfull companies in Sri
Lanka, carrying one of the oldest and most respected brand names, got
into financial difficulties recently and started collapsing like a house
of cards. Closer scrutiny revealed a dubious corporate structure and
operations that they were very far from good governance.
There were over 250 companies in the group, with a complex holding
company structure that was hard to trace.
They all had the same chairman and many common directors. Formal
management procedures and internal controls were almost nonexistent.
Some companies were regulated while others were not.
In a criminal breach of trust, the unregulated ones used their common
name to mobilise public deposits by offering very high interest rates.
The Chairman of the group and many of the directors are currently in
remand custody. Probably for the first time in the world, a Sri Lankan
court has sanctioned the conduct of a board meeting in prison a
resolution to sell the assets of a company to refund the depositors’
money!
In conclusion, I would like to draw your attention on following four
important points.
* How to promote the concept of ‘public interest’ on the subject
among private sector business leaders.
* How to educate the media on ethical reporting of unethical
practices of the private sector business leaders.
* How to tackle the unregulated private sector business leaders that
are dealing with public money.
Though it is nothing to do with corruption, I think it might be
interesting to the academia to redefine the SWOT Analysis framework to
include internal threats as well as external threats. |