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- <text id=94TT0815>
- <title>
- Jun. 20, 1994: Banking:On the Money
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Jun. 20, 1994 The War on Welfare Mothers
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- ON THE MONEY, Page 51
- HOW TO SAY YOU'RE SORRY
- </hdr>
- <body>
- <p>By John Rothchild
- </p>
- <p> Companies don't like to apologize--who does? In the old
- days they didn't apologize for anything, but now at least
- they'll say they're sorry for spilling things, like 4 million
- gal. of diesel fuel on the Pittsburgh area. Ashland Oil made an
- apology for that in 1988, soon to be followed by Exxon's apology
- for spreading 11 million gal. on Alaska. For being a few days
- late with its statement, Exxon was branded a lout.
- </p>
- <p> Companies have also apologized for recent gaffes that
- Marge Schott might have appreciated, such as Radio Shack's
- putting out a video game with a swastika in it, or an American
- Airlines ground crew's ordering a change of pillows after a
- gay-rights group exited the aircraft. Once in a while, companies
- apologize to avoid a libel suit, as nbc did after it rigged a
- crash test so a General Motors pickup truck would be sure to
- explode.
- </p>
- <p> But when it comes to financial misconduct--stealing,
- cheating, fraud--companies have a terrific out. They can
- settle the charges without admitting they've done anything
- wrong. In return for large wads of cash, the Securities and
- Exchange Commission (SEC) allows most corporate offenders to
- dodge acknowledgment of their offenses. This helps make up for
- the fact that companies can't blame alcohol or drugs or say
- their lousy childhood made them do it, and wiggle out of trouble
- the human way.
- </p>
- <p> The rationale for corporate nolo contendere is that the
- offending company must be kept sound enough to repay its victims
- via the settlement. If it were forced to plead guilty, the firm
- would be subjected to a flood of further lawsuits that could
- sink it. Given the number of companies that take advantage of
- this opportunity, we could start a pretty good nolo mutual fund.
- </p>
- <p> This fund could include Sears, whose zealous auto
- mechanics performed extra work on cars that didn't need it.
- Sears settled with the State of California and offered $50
- rebate coupons. Then there's Salomon Brothers, whose
- enthusiastic bond department hoodwinked Uncle Sam by buying more
- government bonds than it was entitled to. Salomon settled with
- the SEC for $290 million. Finally, there's Prudential
- Securities, the brokerage arm of the Rock of Gibraltar, which
- paid $370 million to settle a multitude of claims from investors
- who were coaxed into buying some trendy limited partnerships,
- which limited them to big losses.
- </p>
- <p> There's a pattern to these cases. Once the scandal breaks,
- the company expresses total shock that any of its employees
- could have done such a thing. Then it volunteers to work with
- authorities in nabbing the culprits. No matter how many millions
- of dollars are involved, the culprits turn out to be loners.
- Their superiors hardly knew their name. This is the "the butler
- did it" phase.
- </p>
- <p> Next comes the settlement stage and the big payout and the
- nolo plea, along with the letter to shareholders that often
- winds up in the papers as a full-page ad. The letter writer,
- usually the CEO, refers to "problems" and "mistakes" and
- emphasizes that these mistakes were in the past and entirely the
- work of rogue individuals. The company announces concrete steps
- to ensure that whatever they haven't admitted to doing will
- never happen again.
- </p>
- <p> "I believe we had an extremely serious problem but not a
- pervasive one," said Warren Buffett, the country's richest man
- and a great stock picker, brought in by Salomon to handle its
- damage control. The Sears version went as follows: "We strongly
- believe that these instances were isolated and there has been
- no pattern of this conduct." Sears also said, "In the automotive
- business, mistakes can and will occur."
- </p>
- <p> "Certain limited partnerships," wrote Wick Simmons, the
- CEO at Prudential Securities, "were sold by our firm to some
- clients that lacked adequate information or were not suitable
- for their investment needs. That was wrong."
- </p>
- <p> Mr. Simmons' statement in no way captures the anguish of
- the long list of claimants in the class actions who found their
- losses not suitable to their investment need. But it's notable
- for its use of the word wrong, which comes perilously close to
- the confession Prudential sidestepped with the SEC.
- </p>
- <p> No doubt the legal department okayed this wording, and
- since then the company has followed up this exploratory mea
- culpa with an entire ad campaign called Straight Talk. The ads
- are filmed in black and white and resemble old Bergman movies,
- but the characters are not actors. They are living stockbrokers
- and other Prudential employees, including Mr. Simmons, who
- appears in several. The camera gets so close you can almost
- count his fillings.
- </p>
- <p> The goal of Straight Talk is to create a new Prudential
- self. But so far, the Straight Talk campaign is suffering from
- the Mrs. Macbeth problem. Every time the new self is trotted
- out, the sins of the old self come back to haunt it. One ad had
- to be scrapped after a former Prudential client recognized the
- straight talker as the same broker who had sold him a limited
- partnership. The ex-client got mad all over again and filed a
- new lawsuit. Then a second ad was scrapped to protect yet
- another broker from being sued.
- </p>
- <p> Prudential has spent $20 million to escape its past, and
- all it's doing is reminding people of it. Perhaps if Prudential
- had been able to make a full confession in the first place, it
- would have been better able to put these matters behind it. But
- the legal system makes that a bad bet. Did you see what happened
- just this month in a big discrimination case brought by women
- against AT&T? AT&T settled it without admitting or denying any
- wrongdoing.
- </p>
- </body>
- </article>
- </text>
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