Web Search powered by YAHOO! SEARCH

  

share
email
print
reprint
font size
options
 
TOM GRALISH / Staff Photographer
Sandy Weill amassed a fortune as he put together Citigroup. When the stock fell last year, American taxpayers spent billions to keep it solvent.
1 of 4
READER FEEDBACK
Post a comment


PhillyDeals: Executive compensation: Is it criminal?

Should executives go to prison for collecting too many millions from the companies they run?

Angry readers have told me they should. Especially if those companies end up losing money for investors, ripping off customers, or firing a lot of workers, after paying the boss a fortune.

But is that really criminal behavior? Yes, says criminologist David Friedrichs, professor at the University of Scranton and author of a recent paper, "Exorbitant CEO compensation: Just reward or grand theft?" in the academic journal Crime, Law and Social Change.

"If you rob a bank with a note, that's a crime," Friedrichs told me.

"And to walk into the boardroom, and have people with multiple conflicts of interest - consultants you pay, directors who are your customers, or CEOs at other companies where they want big paychecks - vote you these exorbitant compensation packages, that creates a criminogenic condition."

Meaning it's likely to lead to the taking of money that belongs to others. Friedrichs compares U.S. boss pay levels, far in excess of typical European and Asian practice, to business monopoly, which used to be considered natural, not illegal.

Monopoly was only outlawed by Congress after growing protests by farmers and small-business owners at the tactics of the giant railroads and manufacturers who set prices without fear of competition.

Some boss pay is illegally high, of course. Friedrichs cites a string of CEOs who ended up in prison in the mid-2000s: John Rigas of Pennsylvania's Adelphia Communications Corp., jailed for using more than "$2 billion of the corporation's funds for personal purposes," and lying to banks and investors. L. Dennis Kozlowski of Tyco International Ltd., "convicted of grand larceny, conspiracy, and falsifying business records" to boost his pay. Conrad Black of Hollinger International Inc., "convicted of fraud in connection with taking illegal payments."

But those involved proven cases of breaking existing laws. Courts are reluctant to go further. Black's jury, for example, refused to convict him on additional charges of skimming millions through "self-dealing" legal agreements. Friedrichs admits "jurors accepted" those schemes to boost bosses' pay as "standard business practices."

And that should change, he adds: "Why do you have a Citigroup? Because Sandy Weill made a fortune on the order of a billion dollars cobbling it together."

Weill lost millions when the stock fell. "But he hasn't had to pay back the American taxpayers" for investing billions to keep the unwieldy company that enriched him solvent after he left, Friedrichs said. "It should be against the law."

Instead, President Obama's administration is limiting pay for Weill's current successors, who mostly joined the bank only after it was already going downhill.

I've angered some readers by noting that the Obama administration's cap on high pay at government-backed companies gives their rivals an advantage, which works against the value of the taxpayers' investment.

Friedrichs agrees. "The Obama administration doesn't go nearly far enough," he argues. "Restrictions shouldn't be on some companies. They should be on all companies."

But doesn't high pay attract the best and the brightest? Friedrichs says it's too easy to cite examples of CEOs who collected millions as their companies lost big at Home Depot Inc., Pfizer Inc., Walt Disney Co.

He cites the studies assembled by Harvard scholars Lucian Bebchuk and Jesse Fried in their 2004 book, Pay Without Performance, which "clearly demonstrated there is not a necessary correlation" between high pay and excellent performance.

Isn't this just jealousy - the average American's anger at the rich and successful?

Friedrichs distinguishes between envy, the biblical sin of hating someone else's joy, and jealousy, the feeling someone else is getting what we're entitled to - which Friedrichs considers a more appropriate response in these cases, since "these CEOs are being awarded resources that in large measure rightly belong to other stakeholders, including shareholders, corporate employees, and consumers."

 


Contact staff writer Joseph N. DiStefano at 215-854-5194 or JoeD@phillynews.com.

 

Comments   
Posted 07:37 AM, 10/25/2009
kelprod1
Government should have ZERO input on private pay. If the knuckleheads in DC choose to give away tax payer cash to private companies, so be it, but it should not come with compensation control. Quite frankly, no organization in the history of mankind has been more fiscally irresponsible then congress and the white house- both should worry about their own spending of taxpayer money and their own completely overpaid employees.
Posted 11:10 AM, 10/25/2009
rudytbone
Of course, what's missed in the article is that these companies should NOT HAVE BEEN BAILED OUT! Let them reap what they sow. Of course, in banking with the CRA, things get much cloudier. Bad laws + bad policies = bad business.
Posted 01:26 PM, 10/25/2009
Delaware Jim
Capitalism is criminal. Government should run the commanding heights of the economy on a non-profit basis. The wealthy should be taxed out of existence.
Posted 04:44 PM, 10/25/2009
rgreen72
Is Delaware JIm for real? Not even a Liberal could be that dumb.
Comment removed.
5 comments
  • Jobs
  • Cars
  • Real Estate
  • Rentals
 
SEARCH JOBS
Spotlight Deal
Old City/Society Hill 19106
Spotlight Deal
Roxborough 19128
SEARCH REAL ESTATE
Spotlight Deal
Rittenhouse Square 19103
Spotlight Deal
Rittenhouse Square 19103
SEARCH RENTALS
PHILLY.COM INDICES WATCH
Business newsletter
Sign up for a free e-mail business update from the Inquirer straight to your inbox every weekday afternoon.

Today's personal savings rate of 3 percent is nearly double that of a year ago. Economists say it could rise as high as 8 percent as households try to rebuild savings shredded by the recession. Yet all that saving isn't exactly paying off.