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Joseph's Ethical Issues

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Joseph’s Ethical Issues 1

Joseph’s Ethical Issues

Joseph’s Ethical Issues 2
Identify the ethical and legal issues of which Albert needs to be aware.
The first ethical issue I see is that Albert and his wife, Mary, took advantage of the “players” in the large corporations. Albert and Mary would go to parties and get information from them after the “players” had a few alcohol drinks. Both started using this strategy and five months later their clients began to see significant profits in their portfolios. Another ethical issue I see is Albert’s uncle worked as a janitor which gave his access to many law offices that had information on a number of companies, especially those about to file for bankruptcy. Mary and Albert both were able to use this information provided by his uncle to benefit their clients’ portfolios. A third ethical issue is Mary used insider information from her father who worked for a major health care company. The management team was running the company into the ground. Mary found a company that was interested in doing a hostile takeover. Mary told several of her best clients, who in turn did very well on the stock. All of this increased her status with the firm that she worked for and kept drawing bigger clients.
The legal issue that I see is the e-mails Mary is receiving from some of the brokers. Some of the other brokers are sending e-mails with off-color jokes and even nude photos of men and women. E-mail is not private in the workplace. Employees own the company e-mail system and therefore are covered under law to monitoring rights. Employees should be aware that any e-mail they send or receive through their company e-mail account can be read by their employer. Mary was not opening some of the e-mails

Joseph’s Ethical Issues 3 but some of them she was forwarding on to others that requested her to do so. A couple of analysts from a big firm were fired for it. Several weeks later the people who were sending the obnoxious e-mails to Mary were fired. Even though Mary wasn’t directly involved in the e-mail scandal, she was guilty of forwarding them on and was given two weeks’ notice and because of this the SEC wanted to check all her trades for the last eight months.
Discuss the advantages and the disadvantages of each decision that Albert could make and has made. The advantage Albert and Mary had in using insider information was they were able to build their client list and see significant profits in their portfolios. The disadvantage to this is its illegal to do insider trading. This would put insiders in breach of their fiduciary duty. If Albert and Mary had been caught, they could also be found liable. When Albert and Mary’s income was cut in half, Albert tried to make up for the loss by trading in some high-risk markets. His advantage in this is he has insider information but the disadvantage of him trying to make up his loss is that these investments went sour and he found himself buying and selling more and more to pull his own portfolio and his clients’ into the black. In the future, Albert should not use insider information. He shouldn’t take information from others and nor should he give out information. He needs to end his business with them or exit out of the company.
Identify the pressures that have brought about these issues. Joseph’s Ethical Issues 4
Some of the pressures Albert and Mary were dealing with were added expenses to their profession. They were told that brokers needed to look and act the part to be successful. Albert and Mary bought the appropriate clothes and cars, joined the right clubs and ate at the right restaurants with the right people. Another pressure was from Mary’s father making the statement that the management team for the company he was employed with was running the company into the ground. Mary was pressured into forwarding on e-mails that were off-colored jokes and nude photos of men and women. The e-mails were requested she send them on to others. On top of all this, Albert was pressured by his parents to be successful. They were not happy with Albert’s decision to marry a non-Chinese woman but consoled themselves that Mary had a good job. Albert’s parents had offered their retirement home in Taiwan if things should go badly but Mary did not want to leave the United States and raise children there. Recommendation:
My recommendation is to use the legal insider trading information. Make sure you use information that has been made public then the insider has no direct advantage over other investors. It is morally and ethically wrong to use illegal insider trading information. Using insider information is fraud and one could face prison time and fines if ever caught. If you can’t trade legally, then EXIT!

Joseph’s Ethical Issues 5 References:
Ferrell, Fraedrich, Ferrell. (2011). Business Ethics: Ethical Decision Making and Cases(9th ed.). Mason, Oh: South-Western.

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