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Article
Publication date: 3 January 2018

Paul Manning

This paper aims to report a case history delivered to MBA students that developed their understanding of corruption and also enhanced their ability to be able to contribute to the…

Abstract

Purpose

This paper aims to report a case history delivered to MBA students that developed their understanding of corruption and also enhanced their ability to be able to contribute to the anti-curriculum agenda. This case history method selected was innovative, as it was constructed from multi-disciplinary archival sources. The case focus was the egregious affinity fraud of Bernard L. Madoff Investment Securities (BLMIS), with court documents taken from “United States V. Bernard L. Madoff And Related Cases USAO-SDNY”, including court sentencing records, victim impact statements and the defendant’s “Plea Allocution”. The case study aimed to enhance students’ ability and inclination to recognise and oppose corrupt practices. The longer-term ambition of the case was to contribute to developing the students’ moral awareness, character and facility for self-reflection, in terms of responding to corruption. The case study exercise also addressed rising societal expectations for more robust responses to corruption, in terms of illustrating how business school pedagogy can be expanded to emphasise the centrality of ethics and corporate social responsibility (CSR) to economic life. The case history was analysed within Carroll’s CSR pyramid and also with themes derived from the developing area of behavioural ethics, including a deontological, justice for its own sake and focus.

Design/methodology/approach

This research used the qualitative case method (Stake, 2000; Yin, 2004, 2010, 2011) to investigate lived experience from the viewpoint of those being studied and to provide the case history “experience”, using an analytical lens developed from Carroll’s CSR pyramid (1991) and from behavioural ethics research. Furthermore, following Chell’s recommendation, the case history of the BLMIS fraud was chosen – “[…] for analytical purposes to produce insight into the phenomena in question” (2008). The case was constructed from archival sources, including court records of the sentencing of Bernie Madoff.

Findings

The findings of the research are that students gained knowledge and understanding of the nature and practice of corruption, as well as developing their understanding of the anti-corruption agenda. The case also facilitated students to develop their moral awareness, character and facility for self-reflection with reference to corruption. In sum, the findings are that case histories, using archival sources, in this instance taken from the court records, have the potential to enhance teaching and learning in business ethics and responsible management education.

Research limitations/implications

A limitation of this research is that it is reporting on one instance of a classroom delivery of the case study. In consequence, a recommendation for future research is for CSR and ethics focussed educationalist to conduct similar case study teaching to add to and complement the conclusions reached in this paper.

Originality/value

This paper is original in detailing and reflecting on a case history teaching example of global corruption. This case history teaching method was innovative, as it was constructed from archival sources taken from court records to include victim impact statements and the defendant’s “Plea Allocution”.

Details

Journal of Global Responsibility, vol. 9 no. 1
Type: Research Article
ISSN: 2041-2568

Keywords

Article
Publication date: 8 May 2018

Paul Manning

The social network analysis of criminal networks at both the ego and socio-centric level is well established. This purpose of this study is to expand this literature with a social…

Abstract

Purpose

The social network analysis of criminal networks at both the ego and socio-centric level is well established. This purpose of this study is to expand this literature with a social capital analysis of a criminal network. The focus of the analysis will be the recent egregious investment fraud of Bernard L. Madoff Investment Securities (BLMIS).

Design/methodology/approach

This research involves a case study of the BLMIS financial fraud. The article uses a social capital theoretical lens, with archival sources taken from the court records of Madoff v. NY to include victim impact statements and the defendant’s Plea Allocution.

Findings

Financial crime literature can be expanded with a social capital analysis which facilitates a socio-economic analysis of ego-centric criminal networks.

Research limitations/implications

Each financial crime is of its time; however, there are recurring socio-economic network characteristics that could be applied to develop an understanding of criminal networks.

Practical implications

Any understanding of financial crime, including contemporary instances of criminal innovation, such as cyber-crime, can be enhanced with a social capital analysis of criminal networks.

Originality/value

A social capital analysis of financial crime draws attention to “human factors” in criminal networks that are integral to this form of crime.

Details

Journal of Financial Crime, vol. 25 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 18 April 2018

Paul Manning, Peter John Stokes, Max Visser, Caroline Rowland and Shlomo Yedida Tarba

The purpose of this paper is to investigate the processes of open innovation in the context of a fraudulent organization and, using the infamous Bernie L. Madoff Investment…

Abstract

Purpose

The purpose of this paper is to investigate the processes of open innovation in the context of a fraudulent organization and, using the infamous Bernie L. Madoff Investment Securities fraud case, introduces and elaborates upon the concept of dark open innovation. The paper’s conceptual framework is drawn from social capital theory, which is grounded on the socio-economics of Bourdieu, Coleman and Putnam and is employed in order to make sense of the processes that occur within dark open innovation.

Design/methodology/approach

Given the self-evident access issues, this paper is necessarily based on archival and secondary sources taken from the court records of Madoff v. New York – including victim impact statements, the defendant’s Plea Allocution, and academic and journalistic commentaries – which enable the identification of the processes involved in dark open innovation. Significantly, this paper also represents an important inter-disciplinary collaboration between academic scholars variously informed by business and history subject domains.

Findings

Although almost invariably cast as a positive process, innovation can also be evidenced as a negative or dark force. This is particularly relevant in open innovation contexts, which often call for the creation of extended trust and close relationships. This paper outlines a case of dark open innovation.

Research limitations/implications

A key implication of this study is that organizational innovation is not automatically synonymous with human flourishing or progress. This paper challenges the automatic assumption of innovation being positive and introduces the notion of dark open innovation. Although this is accomplished by means of an in-depth single case, the findings have the potential to resonate in a wide spectrum of situations.

Practical implications

Innovation is a concept that applies across a range of organization and management domains. Criminals also innovate; thus, the paper provides valuable insights into the organizational innovation processes especially involved in relation to dark open innovation contexts.

Social implications

It is important to develop and fully understand the possible wider meanings of innovation and also to recognize that innovation – particularly dark open innovation – does not always create progress. The Caveat Emptor warning is still relevant.

Originality/value

The paper introduces the novel notion of dark open innovation.

Details

Management Decision, vol. 56 no. 6
Type: Research Article
ISSN: 0025-1747

Keywords

Article
Publication date: 7 May 2019

Linus Wilson

The purpose of this study is to estimate the profits to JPMorgan Chase from the Madoff Ponzi scheme’s checking account deposits at the bank based on the data in Harbeck (2011)

Abstract

Purpose

The purpose of this study is to estimate the profits to JPMorgan Chase from the Madoff Ponzi scheme’s checking account deposits at the bank based on the data in Harbeck (2011). The Madoff Ponzi scheme was sitting on a cash hoard in excess of a US$1bn by the 1990s. Most of that money came into and stayed in the 703 account at JPMorgan Chase or it was transferred to one of the 11 other bank accounts. The author uses previously unanalyzed data from the Security Investor Protection Corporation (SIPC) to estimate JPMorgan Chase’s earnings from the accounts.

Design/methodology/approach

The author estimates the checking account balances of the Madoff Ponzi scheme with JPMorgan Chase and its ancestor corporation, Chemical Bank. He estimates the earnings from those large checking accounts and reinvests them in the stock price from 1986 to 2011. He uses data on the Madoff checking accounts released by Harbeck (2011) to estimate that JPMorgan Chase earned over US$900m from those large and suspicious checking deposits.

Findings

The US$907m in estimated profits from the Madoff Ponzi scheme bank accounts are much smaller than the US$2.6bn fine that JPMorgan Chase paid in 2014 to limit its liability for its dealings with Bernard L. Madoff. Any failure of anti-money laundering compliance in this case was very costly for the bank.

Originality/value

This is only study to analyze the Harbeck (2011) data to estimate JPMorgan Chase’s profits from the Madoff Ponzi scheme’s checking deposits. As JPMorgan Chase paid a US$2.6bn fine in this matter, it is relevant to look at how big the fine was relative to the profits the corporation may have earned from doing business with Bernie Madoff.

Details

Journal of Money Laundering Control, vol. 22 no. 2
Type: Research Article
ISSN: 1368-5201

Keywords

Book part
Publication date: 19 July 2016

David Lewin

Industrial relations, organizational behavior, and human resource management scholars have studied numerous aspects of internal workplace conflict resolution, ranging from the…

Abstract

Purpose

Industrial relations, organizational behavior, and human resource management scholars have studied numerous aspects of internal workplace conflict resolution, ranging from the design of conflict resolution systems to the processes used for resolving conflicts to the outcomes of the systems. Scholars from these specialties, however, have paid considerably less attention to external workplace conflict resolution through litigation. This chapter analyzes certain areas of such litigation, focusing specifically on workplace conflicts involving issues of managerial and employee misclassification, independent contractor versus employee status, no-poaching agreements, and executive compensation.

Methodology/approach

Leading recent cases involving these issues are examined, with particular attention given to the question of whether the conflicts reflected therein could have been resolved internally or through alternative dispute resolution (ADR) methods rather than through litigation.

Practical implications

Implications of this analysis are drawn for workplace conflict resolution theory and practice. In doing so, I conclude that misclassification disputes could likely be resolved internally or through ADR rather than through litigation, but that no-poaching and executive compensation disputes could very likely not be resolved internally or through ADR.

Originality/value

The chapter draws on and offers an integrated analysis of particular types of workplace conflict that are typically treated separately by scholars and practitioners. These include misclassification conflicts, no poaching and labor market competition conflicts, and executive compensation conflicts. The originality and value of this chapter are to show that despite their different contexts and particular issues, the attempted resolution through litigation of these types of workplace conflicts has certain common, systematic characteristics.

Details

Managing and Resolving Workplace Conflict
Type: Book
ISBN: 978-1-78635-060-2

Keywords

Book part
Publication date: 19 July 2018

Paul Christopher Manning

The purpose of this chapter is to develop a deeper understanding of the CSR perspectives of MBA in the European context. The chapter will review literature from the USA and Europe…

Abstract

Purpose

The purpose of this chapter is to develop a deeper understanding of the CSR perspectives of MBA in the European context. The chapter will review literature from the USA and Europe focused on business school ethics and the CSR. The chapter will then present the findings generated from research into MBA students’ ethics and corporate social responsibility (CSR) from a European business school research site.

Design/methodology/approach

This was inductive research that used qualitative, semi-structured interviews, along with other qualitative techniques, to collect data. The research population was purposely selected from two cohorts of MBA students, one comprising P/T, the other F/T students.

Findings

The research confirmed that there are broad similarities between the USA and Europe, in terms of students’ experiences of business school scholarship and pedagogy. The research also confirmed, however, that these European-based students wanted a greater focus on CSR, for instance in terms of addressing the relationship between business and the environment, which students do not consider is adequately addressed in their programmes. Furthermore, and reflecting US experience, students reported at the completion of the MBA that they were conscious that they had become more focused on their individual ‘rational’ self-interest, with the goal of increasing their own material success. Not all of these students were content with this change, but they reported that it had been embedded within them, as a consequence of studying for an MBA.

Social implications

US-based research and this example from the European context both point to the conclusion that there is dominant instrumental paradigm in HE business and management pedagogy. This paradigm needs to be challenged to restore society’s ethical and CSR expectations, and also to facilitate the moral education of more socially responsible MBA graduate managers. The research confirmed that students are very much in favour of CSR framed changes to the MBA programme.

Originality/value

This chapter contributes to a developing research stream into MBA programmes and CSR in a European context.

Details

The Critical State of Corporate Social Responsibility in Europe
Type: Book
ISBN: 978-1-78756-149-6

Keywords

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