Preview

Supreme Court Case: Arthur Andersen Vs. US

Good Essays
Open Document
Open Document
657 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Supreme Court Case: Arthur Andersen Vs. US
anticipation of the SEC’s research into the matter. Overall, Enron employees succeeded in destroying over thirty thousand documents before being subpoenaed by the SEC, predictably hindering the investigation. During May of 2002, Arthur Andersen LLP was finally indicted on charges of obstruction of justice by the Southern Texas District Court, served by Michael Chertoff. The jury believed that Arthur Andersen and its employees were in violation of 18 US Code § 1512, a public law which covers “tampering with a witness, victim, or an informant”5, due to the mass destruction of documents in anticipation of the upcoming SEC investigation. This effectively ended the company’s practice as its CPA license was taken away, but Andersen continued to …show more content…
USA shifted the balance of rights in the companies’ and employees’ favor, because even in a case where it seemed evident that Andersen LLP was guilty of obstruction of justice, Andersen was freed from criminal charges because the Supreme Court ruled that correlation does not imply causation absent of any direct evidence that Andersen employees were knowingly obstructing the SEC investigation. Employees are generally protected unless they are consciously committing unlawful acts, so they can feel safe but obviously still must be careful. Despite the win in the courtroom, Arthur Andersen LLP failed to survive due to its tarnished reputation after the proceedings had ended. Through this case, I have learned a lot about my future in the business world. The first lesson would be that when you are an employee, don’t act robotically; one should think, ask questions, and be mindful of the work that they are doing. You shouldn’t feel uncomfortable when performing any task on the job and what the manager orders may not always be the right thing to do. To my surprise, I also learned that employees have more protection under business law than I initially thought. When I was first researching the case, I thought for sure people

You May Also Find These Documents Helpful

  • Good Essays

    Chapter 39 Questions

    • 608 Words
    • 2 Pages

    This case involves itself within The National Labor Relations Act (NLRA). The NLRA allows employees the right to form a union, to bargain collectively through a representative chosen on their own, and etc. Hence, employers have their rights but also obligations under the NLRA. The NLRA does not allow employers to discriminate or take part in any unfair…

    • 608 Words
    • 2 Pages
    Good Essays
  • Good Essays

    FACTS: Kevin Gardner (plaintiff) is a driver for Loomis Armored, Inc.(defendant), which supplies armored truck delivery services to numerous businesses that require secure transport of valuables. Loomis has adopted a policy for all drivers that their truck annot be left un attended. This policy is in the employee handbook and specifically states: Violations of this rule will be grounds for termination. During a scheduled stop, Mr. Gardner witnessed a woman being threatened with a knife by an obviously agitated man. Mr. Gardner left his truck unattended as we went to help the woman. The woman was saved and her assailant was apprehended. Mr. Gardner was fired by Loomis for violating the company policy of not leaving the truck unattended. Mr. Gardener sued for wrongful termination in violation of public policy. Judicial Opinion: The narrow public policy encouraging citizens to rescue persons from life threatening situations clearly evinces a fundamental societal interest….The value attached to such acts of heroism is plainly demonstrated by the fact that society has waived most criminal and tort penalties stemming from conduct necessarily committed in the course of saving a life. The court finds that Gardner’s discharge for leaving the truck and saving a woman from an imminent life threatening situation violates the public policy encouraging such heroic conduct. This holding does not create an affirmative legal duty requiring citizens to intervene in dangerous life threating situations. The adherence to public policy does nothing to invalidate Loomis’ work rule regarding drivers’ leaving the trucks. The holding to public policy merely forbids Loomis from firing Gardner when he broke the rule because he reasonably believed his intervention was necessary to save her life. By focusing on this narrow public policy of saving a human life, we continue to protect employers from…

    • 459 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Reeves vs Ch Robinson

    • 836 Words
    • 4 Pages

    Facts of the case: Ingrid Reeves, a Transportation Sales Representative files an appeal on the summary judgment in favor if C.H. Robinson Worldwide, Inc. on her hostile work environment sexual harassment claims. Reeves was the only female TSR in the C.H. Robinson Birmingham, Alabama branch office. She worked in a workstation pod cubicle and claims that sexually offensive language permeated the air in her pod daily from the Summer of 2001 to the Spring of 2004. In addition to sexually explicit radio programming she was on one occasion exposed to pornographic images. This behavior continued even after several complaints to her co-workers and supervisors.…

    • 836 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    This case demonstrates the importance of Human Resource Management. Employers, managers and supervisors must obtain proper training in employee rights and fair treatment at work to avoid lawsuits such as this one. An employer is held responsible for the actions of its supervisors therefore adequate training on acceptable and unacceptable behaviors is imperative. Managers ought to set an open door policy which would enable employees to discuss any trouble he or she may be facing in the workplace. This would assure that situations such as Faragher’s be settled within the workplace and not in…

    • 299 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    | Dear Mr. Moore, After reviewing this case, I can state that Teddy’s Supplies is definitely liable for the workplace and sexual harassment against Virginia Pollard. According to the facts, it’s indicated that Ms. Pollard (plaintiff) was placed in a ‘hostile’ environment and Mr. Steve King was her supervisor. Although it is not illegal for 1 woman to work with a group of men, it should be carefully determined by the employer if the environment is suitable for males and females to work together. In this case, it was not a good idea for 1 woman to work with male associates. • Workplace environment can by justified by 7 ways: race, gender, national origin, religious, color, age and disability. In this case, Pollard was constantly being harassed by her male colleagues. They played pranks on her by locking her drawers shut, filling the guard shack with trash, locking her out of the guard shack and therefore she was not able to perform her job duty since she was responsible for watching warehouse inventory. Also, Ms. Pollard was put into unnecessary risk of harm when a coworker backed a forklift up to the guard shack and it backfire into her ear. Ms. Pollard could have sustained injuries if the forklift had hit her because it weighted 3 tons and it could have easily injured her eardrums because it is very loud.…

    • 2218 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Enron Case Analysis

    • 827 Words
    • 4 Pages

    Enron’s top management, especially misled not only the board of directors he was able to misled the investor which bring about Enron filing for bankruptcy in 2001. In early, 2002 criminal investigation was open by US department of Justice into Enron’s collapse. The Security exchange commission (SEC) also opened the investigation into Arthur Andersen as well because they destroy and hide evidence of Enron’s financial statement. The role of the auditing giant Arthur Andersen in the collapse of Enron is incomprehensible to some. The accounting firm overlooked significant debts that are not the Enron’s financial statement. US department of justice found them guilty on federal charges that it obstructed justice by destroying thousands of Enron documents.…

    • 827 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Almost overnight, lives were ruined and the business community shaken; “the Enron and WorldCom accounting scandals rocked the United States” (Horngren, Harrison Jr., & Oliver, 2010, p. 380). Without hesitation and in response to public outburst, the Sarbanes-Oxley Act (SOX) of 2002 was born. Senator Paul Sarbanes and Representative Michael Oxley acted upon the need to combat fraudulent accounting practices by enhancing standards for all U.S. public company boards, management, and public accounting firms. The Sarbanes-Oxley Act of 2002 consists of eleven titles: Title I – Public Company Accounting Oversight Board; Title II – Auditor Independence; Title III – Corporate Responsibility; Title IV – Enhanced Financial Disclosures; Title V – Analyst Conflicts of Interests; Title VI – Commission Resources and Authority; Title VII – Studies and Reports; Title VIII – Corporate and Criminal Fraud Accountability; Title IX – White-Collar Crime and Penalty Enhancements; Title X –…

    • 1000 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Williamson V Houston

    • 712 Words
    • 3 Pages

    The IAD investigation determined that there was no basis for Williamson’s allegations. Williamson sued the City of Houston under Title VII of the Civil Rights Act for hostile work environment sexual harassment and for retaliation against her for reporting the harassment. In a District Court, a jury found the city liable for both sexual harassment and for retaliation. Williamson was awarded back pay and compensatory damages, as well as court costs and attorney’s fees. On appeal to the Fifth Circuit, U.S. Court of Appeals, the City of Houston challenged the judgment on the grounds that it did not have notice of the harassment until April 1992 and that her notification to her supervisor should not have constituted notice to the city. The District Court’s ruling was affirmed by the Appeals Court. 3. Main Issue: Can a supervisor’s knowledge of harassing behavior be imputed to the city to show that the city knew, or should have known, of the harassing behavior and can therefore be held liable for failing to stop the behavior? 4. Court Deciding: United States Court of Appeals, Fifth Circuit. 5. Decision: Summary judgment affirming the decision of the District…

    • 712 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Worth The Alert Case

    • 595 Words
    • 3 Pages

    R – This case deals with a woman, Violet Spear, a junior marketing executive, who in my opinion is being harassed at work. She has repeatedly asked her co-worker, Theo Lucasey, not to make uncalled for remarks about her dress-attire, but to no-avail. So she pursues sexual harassment claims with her company, even though it appears that her chances of seceding in her sexual harassment case seem slime. Violet learns that 67% of women who report cases of sexual harassment end up losing their job in someway, and 9% of the cases of sexual harassment are not stopped.…

    • 595 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In the case study of Enron and Arthur Andersen, the latter company and an independent auditor had to fire a partner who was acting unprofessional and had asked employees to destroy documents containing accounting information. This is after the partner realised that the Security and Exchange commission had picked interest in the Enron affairs and was scrutinising and investigation the company accounting information. The court ruled that Anderson Company was liable for the fall of Enron in 2001. Lots of criticism was made to the government for indicting the whole company rather that the individuals that were involved. In a later decision in the court of appeal, it was ruled that Andersen Company was not liable as charged but the executives of Enron Company and executives of Andersen were liable. This ruling made it clear that the auditor is not solely liable for…

    • 524 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Understanding that law fails to addresses everything is important. Just as the nation has seen in the past, just because the law permits the treatment of an employee to be one way, does not mean that is necessarily the best of correct way of approaching an issue.…

    • 3228 Words
    • 13 Pages
    Good Essays
  • Satisfactory Essays

    Business Law

    • 408 Words
    • 2 Pages

    I made researches on employers and employees rights; here we will have some knowledge in how to deal with the similar cases and we will know if this case is considered as ethical or unethical behavior.…

    • 408 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    HR Article

    • 488 Words
    • 2 Pages

    For what I learned, after the women were fire there was not a diverse workforce and the majority of the employees were white. The first lesson learned in this case is to let all the high level and low-level employees the importance of creating a diverse workforce to prevent disparate treatment and disparate impact. The second lesson to be learned by the employers is that at the time of hiring they should let candidates know about their policy against discrimination and racism in any form. The third lesson learned from this situation is that to prevent racial discrimination in the workplace employers should trained employees in how to avoid discrimination and racism. Lastly the employer should encourage communication with employees so they are more likely to report racism. In this case the employer could have prevent this lawsuit if he would have built an open communication with his employees because the chances that employees would have reported any case of discrimination could have been higher.…

    • 488 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Ethics and Enron

    • 2078 Words
    • 9 Pages

    3. Enron And Arthur Andersen: The Case Of The Crooked E And The Fallen A Gary M. Cunningham and Jean E. Harris Global Perspectives on Accounting Education Volume 3, 2006, 27-48…

    • 2078 Words
    • 9 Pages
    Better Essays
  • Good Essays

    In the working world today there may be some who believe that common sense and compassion in the workplace leave no need for litigation. Some may feel as if morale is all that is needed to protect employers and employees of organizations. This is not the case by far. Although it is expected for employees in most environments to have compassion, common sense, and morale, not all employees turn out to be who they were expected to be. Litigation does replace common sense and compassion in the working world today. This is why regulations have been put in place by the U.S. Department of Labor, The U.S. Equal Employment Opportunity Commission, and the Americans with Disabilities Act of 1990. Regulations have been put in place to protect both employees and employers from being fired or mistreated for discriminative reasons or from lawsuits. Laws regarding the proper treatment of employees must be legally enforced and without enforcement there will always be someone to break the law.…

    • 742 Words
    • 3 Pages
    Good Essays