Section I Security in and Around the Baltic States
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Securities Whistleblowing Under Dodd-Frank: Neglecting the Power of “Enterprising Privateers” in Favor of the “Slow-Going Public Vessel”
Do Not Delete 2/14/2012 1:27 PM SECURITIES WHISTLEBLOWING UNDER DODD-FRANK: NEGLECTING THE POWER OF “ENTERPRISING PRIVATEERS” IN FAVOR OF THE “SLOW-GOING PUBLIC VESSEL” by Michael Neal∗ This Note analyzes the SEC whistleblower program, as modified by the Dodd-Frank Act of 2010. It reviews the history of whistleblowing-like statutes in the United States and analyzes the successes and failures of prior whistleblowers after dividing them into two mutually exclusive groups: Insiders, those who are employed by the company against whom they report; and Outsiders, non-employees. The Note concludes that the new SEC whistleblower program is deficient in two ways. First, it does not create an affirmative duty for Insiders to internally report when their employer has a functioning compliance department; and second, Outsiders lack an offensive private cause of action granting them standing to sue on behalf of the SEC. The Note recommends changes to the program that resolve these deficiencies and better align the SEC’s required functions with its resources. The Note concludes that, as enacted, the SEC whistleblower program encourages the avoidance of internal corporate compliance systems, externalizes corporate compliance to a regulatory body already struggling to provide adequate oversight, weakens the partnership between the regulator and the regulated, and has the potential of reversing the positive progression in corporate cultures developed over the past decade. I. INTRODUCTION ....................................................................... 1108 II. U.S. INFORMANT PROGRAMS ................................................. 1110 A. Stealing from the Government—The False Claims Act ................ 1110 B. The IRS Informant Program—“The Reward for Rats” ............... 1114 C. The SEC Informant Program ................................................... -
Sherron Watkins and Whistle Blowing at Enron Ethics of 3
BUSINESS Cases in Corporate Ethics: Contemporary Challenges and Imperatives; Strategy & General Management, Ethics and Social Justice, Organizational Behavior, Human Resource, Operations, Finance and Accounting, Marketing and Sales. Case 2.3: Sherron Watkins and Whistle Blowing at Enron Ozzie Mascarenhas SJ, PhD DRD Tata Chair Professor of Business Ethics, XLRI Jamshedpur, India | Published: June 2015 | Redistribution or use without the expressed, written permission of The Global Jesuit Case Series is prohibited. For information on usage rights, contact the Global Jesuit Case Series at [email protected] ________________________________________________________________________ Cases in Corporate Ethics: Contemporary Challenges and Imperatives Jesuit Series, Madden School of Business, Le Moyne College, Syracuse, NY Donated by: Ozzie Mascarenhas SJ, PhD JRD Tata Chair Professor of Business Ethics, XLRI, Jamshedpur, India June 15, 2015 The fifteen cases in Business ethics included here represent the first installment of the thirty cases promised to the Cases in Business Ethics – The Jesuit Series at the University of Le Moyne, Syracuse, NY. We have added three more. The remaining eighteen cases will follow shortly. The thirty three cases illustrate and depend upon the content of corporate ethics outlined in Table 1. As might be clear from Table I, the Course in Corporate Ethics has three parts: Part One explores the ethical quality of moral agents embedded in the capitalist markets such as the human person, the fraud-prone person, the virtuous actor (virtue ethics) and the trusting executive (ethics of trust). Part Two investigates the ethical quality of moral agencies of executive decisions, choices and actions when supported by ethics of critical thinking, moral reasoning, ethics of rights and duties, and ethics of moral leadership. -
Baltic Towns030306
Seventeenth Century Baltic Merchants is one of the most frequented waters in the world - if not the Tmost frequented – and has been so for the last thousand years. Shipping and trade routes over the Baltic Sea have a long tradition. During the Middle Ages the Hanseatic League dominated trade in the Baltic region. When the German Hansa definitely lost its position in the sixteenth century, other actors started struggling for the control of the Baltic Sea and, above all, its port towns. Among those coun- tries were, for example, Russia, Poland, Denmark and Sweden. Since Finland was a part of the Swedish realm, ”the eastern half of the realm”, Sweden held positions on both the east and west coasts. From 1561, when the town of Reval and adjacent areas sought protection under the Swedish Crown, ex- pansion began along the southeastern and southern coasts of the Baltic. By the end of the Thirty Years War in 1648, Sweden had gained control and was the dom- inating great power of the Baltic Sea region. When the Danish areas in the south- ern part of the Scandinavian Peninsula were taken in 1660, Sweden’s policies were fulfilled. Until the fall of Sweden’s Great Power status in 1718, the realm kept, if not the objective ”Dominium Maris Baltici” so at least ”Mare Clausum”. 1 The strong military and political position did not, however, correspond with an economic dominance. Michael Roberts has declared that Sweden’s control of the Baltic after 1681 was ultimately dependent on the good will of the maritime powers, whose interests Sweden could not afford to ignore.2 In financing the wars, the Swedish government frequently used loans from Dutch and German merchants.3 Moreover, the strong expansion of the Swedish mining industries 1 Rystad, Göran: Dominium Maris Baltici – dröm och verklighet /Mare nostrum. -
Former Enron Vice President Sherron Watkins on the Enron Collapse
UC Irvine UC Irvine Previously Published Works Title Former Enron vice president Sherron Watkins on the Enron collapse Permalink https://escholarship.org/uc/item/9pb4r7nj Journal Academy of Management Executive, 17(4) ISSN 1079-5545 Author Pearce, JL Publication Date 2003 DOI 10.5465/ame.2003.11851888 License https://creativecommons.org/licenses/by/4.0/ 4.0 Peer reviewed eScholarship.org Powered by the California Digital Library University of California ? Academy of Management Executive, 2003, Vol. 17, No. 4 Former Enron vice president Sherron Watkins on the Enron collapse Academy Address, August 3, 2003, by Sherron Watkins Introduction to the address by Academy President Jone L. Pearce It is my pleasure to introduce Sherron Watkins, the Academy of Management's 2003 Distinguished Executive Speaker. By now, her story as the former vice president of Enron Corporation who tried to bring what she called "an elaborate accounting hoax" to the attention of Enron's chief executive officer is well known. In August 2001, responding to his invitation to employees to put any concerns in a comment box, she did so. When he did not address her explosive charges at a subsequent company-wide meeting, she sought a face-to-face meeting with him. A month later the CEO announced to employees that "our financial liquidity has never been stronger," while exercising his own $1.5 billion in stock options, just ahead of the company's announcement of a $618 million quarterly loss. When United States Congressional investigators uncovered her letter buried in boxes of documents, they brought Ms. Watkins before the United States Senate in February 2002 to testify about her warnings. -
HILDER & ASSOCIATES, PC Attorneys for Sherron Watkins 819 Lovett Blvd Houston, Texas 77006 Office
HILDER & ASSOCIATES, P.C. Attorneys for Sherron Watkins 819 Lovett Blvd Houston, Texas 77006 Office (713) 655-9111 Facsimile (713) 655-9112 Philip H. Hilder Edgar A. Goldberg, Of Counsel UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------------x : In re : Chapter 11 : ENRON CORP., et al., : Case No. 01-16034 (AJG) : : Jointly Administered Debtors. : --------------------------------------------------------------------x REVISED FINAL FEE APPLICATION OF PHILIP HILDER & ASSOCIATES, P.C. FOR ALLOWANCE OF COMPENSATION FROM DECEMBER 10, 2001 THROUGH NOVEMBER 15, 2002 TO THE HONORABLE ARTHUR J. GONZALEZ, UNITED STATES BANKRUPTCY JUDGE: 1. Philip Hilder as Philip Hilder & Associates, P.C. (“Hilder”) counsel for Sherron Watkins, files this Revised Final Fee Application for Allowance of Compensation (the “Application”) for the period from December 10, 2001 through November 15, 2002 (the “Application Period”). STATEMENT OF JURISDICTION 2. This Court has jurisdiction over this matter pursuant to 28 U.S.C.§§ 1334 and 157 and Federal Rule of Bankruptcy Procedure 5005. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(B). This motion arises under 11 U.S.C. §§ 327(e), 328(a), 105a, 503 and 330. REVISED FINAL FEE APPLICATION OF PHILIP HILDER & ASSOCIATES, P.C. FOR ALLOWANCE OF COMPENSATION FROM DECEMBER 10, 2001 THROUGH NOVEMBER 15, 2002 PAGE 1 FACTUAL BACKGROUND 3. Sherron S. Watkins was a Vice President of Corporate Development, Enron Corporation (‘Debtors”). Ms. Watkins sounded the alarm having warned Ken Lay that Enron “might implode in a wave of accounting scandals”. Ms. Watkins disclosed the Debtors’ financial improprieties to her colleagues and the authorities. -
The Baltic Sea Region the Baltic Sea Region
TTHEHE BBALALTTICIC SSEAEA RREGIONEGION Cultures,Cultures, Politics,Politics, SocietiesSocieties EditorEditor WitoldWitold MaciejewskiMaciejewski A Baltic University Publication Education and research 14 as cultural policies Kazimierz Musiał 1. Introduction Increased educational and research activities concerning the Baltic Sea region in recent years let us speak of them as of some form of distinctive cultural policies. This chapter deals with the potential of these policies as a possibility for transforming the region into an efficient unit of inter- and sub-national cooperation. On the regional level, overcoming the legacy of the past and meeting the challenge of the future places particular responsibility and awakes expectations with regard to educational and research policies. They are regarded as a likely means of transformation, which in a rational manner may help to turn the Baltic Sea littoral states into a cooperating community. A point of departure is an interest group comprising of independent states which, through cultural policies, starts viewing itself as an integrated socio-cultural community. Benedict Anderson has shown that a community emerges if the belief in it is shared by a sufficient number of its inhabitants (Anderson 1983). In the prospective Baltic Sea com- munity this implies that the inhabitants should, apart from their national or sub-regional background, be able to identify with common patterns and artefacts which they would regard as constituting a distinctive achievement of the peoples inhabiting the Baltic Sea region. Education and research are able to deliver a matrix for regionalism, i.e. regional identification, through the exchange of ideas among networking scholars and the introduction of common, regionally integrated curricula. -
The Baltic Sea Region the Baltic Sea Region
TTHEHE BBALALTTICIC SSEAEA RREGIONEGION Cultures,Cultures, Politics,Politics, SocietiesSocieties EditorEditor WitoldWitold MaciejewskiMaciejewski A Baltic University Publication A chronology of the history 7 of the Baltic Sea region Kristian Gerner 800-1250 Vikings; Early state formation and Christianization 800s-1000s Nordic Vikings dominate the Baltic Region 919-1024 The Saxon German Empire 966 Poland becomes Christianized under Mieszko I 988 Kiev Rus adopts Christianity 990s-1000s Denmark Christianized 999 The oldest record on existence of Gdańsk Cities and towns During the Middle Ages cities were small but they grew in number between 1200-1400 with increased trade, often in close proximity to feudal lords and bishops. Lübeck had some 20,000 inhabitants in the 14th and 15th centuries. In many cities around the Baltic Sea, German merchants became very influential. In Swedish cities tensions between Germans and Swedes were common. 1000s Sweden Christianized 1000s-1100s Finland Christianized. Swedish domination established 1025 Boleslaw I crowned King of Poland 1103-1104 A Nordic archbishopric founded in Lund 1143 Lübeck founded (rebuilt 1159 after a fire) 1150s-1220s Denmark dominates the Baltic Region 1161 Visby becomes a “free port” and develops into an important trade center 1100s Copenhagen founded (town charter 1254) 1100s-1200s German movement to the East 1200s Livonia under domination of the Teutonic Order 1200s Estonia and Livonia Christianized 1201 Riga founded by German bishop Albert 1219 Reval/Tallinn founded by Danes ca 1250 -
National Whistleblower Day 2019
PRESS KIT NATIONAL WHISTLEBLOWER DAY 2019 DIRKSEN SENATE OFFICE BUILDING Washington, D.C. | July 30, 2019 11:00AM - 1:30PM National Whistleblower Center 1875 Connecticut Ave. NW, 10th Floor, Washington, D.C. 20009 • [email protected] 202 342 1903 • www.whistleblowers.org 1 Speaker Biographies Jane Turner | Former FBI Agent | Master of Ceremonies Jane Turner worked for 25 years as a Special Agent for the FBI. She is one of the only FBI agents to win a lawsuit under the FBI Whistleblower Protection Act based on retaliation for exposing theft at the 9/11 crime scene. In a second whistleblower case, a jury in Minnesota found the FBI liable for retaliating against her in a sex discrimination lawsuit and awarded her the maximum damages permitted under law. Senator Charles E. Grassley | iowa | Keynote Speaker Senator Chuck Grassley (R-Iowa) is a devoted champion of government accountability. Throughout his time in Congress, he has worked to empower whistleblowers to shine a light on fraud, inefficien- cies, or misconduct in government. Grassley, author of numerous whistleblower protection laws, is also founder and chairman of the bipartisan Senate Whistleblower Protection Caucus, which raises awareness about the need for adequate protections against retaliation for private sector and govern- ment employees who call attention to wrongdoing. Senator Ron Wyden | Oregon Senator Ron Wyden, (D-Oregon), one of the Senate’s foremost defenders of Americans’ rights and civil liberties, continues to fight back against government overreach and abuse. Wyden was elected to U.S. Senate in 1996, where he now serves as Ranking Member on the Senate Finance Committee, and as a senior member of the Senate Intelligence Committee. -
FINANCIAL COLLAPSE of ENRON—Part 4
THE FINANCIAL COLLAPSE OF ENRON—Part 4 HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS SECOND SESSION MARCH 14, 2002 Serial No. 107–90 Printed for the use of the Committee on Energy and Commerce ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 78–506CC WASHINGTON : 2002 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate Jun 13 2002 08:36 Jul 17, 2002 Jkt 010199 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 W:\DISC\78506 pfrm17 PsN: 78506 COMMITTEE ON ENERGY AND COMMERCE W.J. ‘‘BILLY’’ TAUZIN, Louisiana, Chairman MICHAEL BILIRAKIS, Florida JOHN D. DINGELL, Michigan JOE BARTON, Texas HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RALPH M. HALL, Texas PAUL E. GILLMOR, Ohio RICK BOUCHER, Virginia JAMES C. GREENWOOD, Pennsylvania EDOLPHUS TOWNS, New York CHRISTOPHER COX, California FRANK PALLONE, Jr., New Jersey NATHAN DEAL, Georgia SHERROD BROWN, Ohio RICHARD BURR, North Carolina BART GORDON, Tennessee ED WHITFIELD, Kentucky PETER DEUTSCH, Florida GREG GANSKE, Iowa BOBBY L. RUSH, Illinois CHARLIE NORWOOD, Georgia ANNA G. ESHOO, California BARBARA CUBIN, Wyoming BART STUPAK, Michigan JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York HEATHER WILSON, New Mexico TOM SAWYER, Ohio JOHN B. SHADEGG, Arizona ALBERT R. WYNN, Maryland CHARLES ‘‘CHIP’’ PICKERING, Mississippi GENE GREEN, Texas VITO FOSSELLA, New York KAREN MCCARTHY, Missouri ROY BLUNT, Missouri TED STRICKLAND, Ohio TOM DAVIS, Virginia DIANA DEGETTE, Colorado ED BRYANT, Tennessee THOMAS M. -
ICOHTEC Newsletter July 2010
ICOHTEC NEWSLETTER www.icohtec.org No 64, July 2010 Newsletter of the International Committee for the History of Technology ICOHTEC Editor: Stefan Poser, Helmut-Schmidt-University Hamburg, Modern Social, Economic and Technological History, Holstenhofweg 85, D-22043 Hamburg, Germany, [email protected] Editorial Dear Colleagues and Friends, Our joint meeting of TICCIH, work lab, and ICOHTEC in Tampere will be attended by 330 participants (plus accompanying persons) from 40 countries. In total 270 presentations will be delivered in 70 sessions. Please find the final program and an electronic version of the book of abstracts on the conference main website http://www.tampere.fi/industrialpast2010/ In order to inform the members about the International Committee for the Conservation of the Industrial Heritage (TICCIH) and the International Committee for the History of Technology (ICOHTEC) the Newsletter publishes short articles about both societies. You might be interested to know about the development of the history of technology in Finland. Thus the newsletter offers a bibliography of Finnish books and articles in the history of technology, assembled by the Finnish Society for the History of Technology . In 2007 Timo Myllyntaus, Tiina Männistö, and Riikka Jalonen (University of Turku) published a report about the development of the history of technology in Finland in the ICOHTEC Newsletter; it is available on our website: http://www.icohtec.org/publications-reports.html . A brand new article on this subject will be included in the Tampere conference bags: the journal Tekniikan Waiheita , Finnish Quarterly for the History of Technology , has published a special issue 2/2010 under the title: “Finnish Research on the History of Technology”. -
Phd-Topic Eric Ladenthin the Development and Impacts Of
PhD-topic Eric Ladenthin The development and impacts of Swedish alliances during Sweden’s age as a great power, 1597-1721 My research project aims to analyse the cultural, scientific or economical background of Swedish diplomatic alliances in the light of the struggle for the “Dominium Maris Baltici” and its rise and fall as a great power from the 16th to the 18th century. The reasons for Sweden’s ascendance from a backward, medieval country to its reign over the Baltic Sea Region we- ren’t only established through top-to-bottom reforms and a successful warfare under the Vasa-dynasty and chancellor Axel Oxenstierna, but also through neat negotiated alliances. Since the protestant Sweden was involved in several wars within the whole Baltic Sea Re- gion, their diplomats established partially long-lasting and frequent alliances e.g. with Bran- denburg-Prussia, and also with the catholic France and the Calvinistic United Netherlands. By doing this, all coalition partners crossed not only geographic and military, but also cultural and mental borders in order to set up a partnership. Diplomats and residents were during the early modern period in the political and religious dense Baltic Sea Region constant physi- cal and mental border crossers, who questioned, shifted or even erased “old” boundaries. These constant exchanges of people, trade goods and knowledge kept an ongoing transfor- mation process running. My main aim is to analyse how these alliances between the kingdom of Sweden and his allies were established and which factors affected the development of alliances within its rise and fall as a great power of the Baltic Sea. -
Historical Borderlands in the Baltic Sea Area(1) Layers of Cultural Diffusion and New Borderland Theories: the Case of Livonia
Journal of History for the Public (2010) 7, pp 10-24 ©2010 Department of Occidental History, Osaka University. ISSN 1348-852x Historical Borderlands in the Baltic Sea Area(1) Layers of Cultural Diffusion and New Borderland Theories: The Case of Livonia Alexander Drost Introduction This paper presents a new borderland theory which is based on the trans-boundary overlap of economic, political and cultural layers of human activity in the Baltic Sea region from the late Middle Ages to the dawn of the 19th century. The development of a model that combines the concept of cultural layers and novel borderland theory is based on the assumption that the nation state of the 19th century has ceased to be a suitable model of historical explanation in today’s period of structural and intellectual flow. Research on intensive processes of economic, political and cultural integration in Europe and its impact on the individual perception of space, identity and living conditions have shown that due to these processes the frame set of structures in societies can no longer be solely determined by the concept of the nation state.(2) Zygmunt Bauman has stated that the nation state rests on the concept that ambivalence can be kept in check through order. The post-modern experience has shown that it is difficult to maintain this balance and ambivalence often gains the upper hand.(3) Present research from the perspective of political science or contemporary history detects a major political and societal transformation in the crossing and disappearance of national borders today.(4) The early modern historian chooses a different perspective which recurs to the spatial formation of states and regions in the pre-nation-state phase.