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Tyco

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With more than $600 million stolen from Tyco International, Dennis Kazlowski, former CEO of Tyco, and Mark Swartz, former CFO, have gotten off easy by being released on parole after only eight short years in prison. Throughout the management ranks of Tyco in the late 1990s and early 2000s, corporate greed and excess was rampant until being brought to the attention of the SEC. Dennis Kazlowski created a culture of free spending and excessive greed within the executive ranks of Tyco International. He secretly authorized the forgiveness of tens of millions of dollars of loans to dozens of executives. Without board approval 51 employees received $56 million in bonuses and $31 million more to pay the taxes on those bonuses. He used tens of millions of company money for personal spending, several items he purchased were a $17,000 travelling toilet box, a $15,000 dog umbrella stand, a $6,000 shower curtain, a $2,900 set of coat hangers, a $2,200 wastebasket, and a $1,650 notebook. Along with Kazlowski, Mark Swartz, CFO, and Mark Belnick, General Council, were found to have stolen $600 million through unapproved bonuses, loans and extravagant “company” spending, as well as selling their stock in Tyco without giving the investors of the company notice. These transactions were usually kept off the accounting books, away from the eyes of the shareholders and board members. However in June of 2002, Kozlowski was investigated for tax evasion on $13 million worth of art that was paid for by a Tyco loan. The Manhattan District Attorney, Robert Morgenthan, dug deeper into the financial reports of Tyco International and found abuse of loan programs and executive bonuses, thus getting the SEC involved. In 2005, Kozlowski and Swartz were found guilty on counts of grand larceny, conspiracy, falsifying records and violating business laws. Belnick paid a $100,000 civil penalty for his role. Kozlowski and Swartz have both recently been released on parole after serving eight years in prison. They have collectively paid $134 million in restitution to Tyco International and $105 million in fines to the state. In 2003, the SEC had found the PricewaterhouseCoopers engagement partner Richard P. Scalzo, CPA recklessly violated the antifraud provisions of the federal securities laws and engaged in improper professional conduct. The SEC found multiple and repeated facts provided notice to Scalzo regarding the integrity of Tyco’s senior management and that Scalzo was not taking appropriate audit steps in the face of this information. He failed to reevaluate the risk assessment of the Tyco audits and perform additional audit procedures, including further audit testing of certain items (executive benefits, executive compensation, and related party transactions). The SEC has since denied Scalzo the privilege of practicing before the SEC as an accountant. With the release of Kozlowski and Swartz from prison just 8 years into their sentences, their actions that reached new levels of greed seem to not have incurred the same level of consequences. They severely hindered everyone involved with Tyco immensely; allocating the problems they created to them. They were ethically irresponsible for stealing money not entitled to them, and even less socially responsible because they were executives who’s false reports were used to influence investors. By being released early just shows other executives that they can commit extensive corporate greed and with a little bit of bad luck get caught with relatively minor penalties. The US justice system needs to become stricter in applying these laws and start handing out maximum sentences for extreme corruption that can cripple the invested public.

Work Cited

Hamilton, Stewart, and Alicia Micklethwait. "Chapter 5, Tyco:
Greed, Hubris, and the $6000 Shower Curtain." Greed and Corporate Failure: The Lessons from Recent Disasters. Basingstoke: Palgrave Macmillan, 2006. 81-97. Print.

Maremont, Mark, and Laurie P. Cohen. "Probe of Tyco Is
Expanded To Include Its Auditor PwC." The Wall Street Journal. Dow Jones & Company, 30 Sept. 2002. Web. 5 Mar. 2014.
<http://online.wsj.com/news/articles/SB10333368498808783>

"Former Tyco Auditor Permanently Barred from Practicing before the Commission." Former Tyco Auditor Permanently Barred from
Practicing before the Commission. Securities and Exchange Commission, 13 Aug. 2003. Web. 5 Mar. 2014. <http://www.sec.gov/news/press/2003-95.htm>.

Sorkin, Andrew Ross. "Tyco Details Lavish Lives Of Executives."
The New York Times. The New York Times, 17 Sept. 2002. Web. 5 Mar. 2014. <http://www.nytimes.com/2002/09/18/business/tyco-details-lavish-lives-of-executives.html>.

Kay, Joseph. "Tyco: US Conglomerate Falls amid Revelations of Greed and Corruption -." World Socialist Website. International
Committee of the Fourth International, 18 June 2002. Web. 5 Mar. 2014. <https://www.wsws.org/en/articles/2002/06/tyco-j18.html>.

"Ex-Tyco CEO Dennis Kozlowski Paroled after 8 Years in Prison."
The Denver Post. N.p., 4 Dec. 2013. Web. 5 Mar. 2014. <http://www.denverpost.com/business/ci_24649311/ex-tyco-ceo-dennis-kozlowski-paroled-after-8#axzz2wXrWcKgt>.

This is what a $6,000 dollar shower curtain looks like.

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