Merrill Lynch Barge Scenario
Case Summary -- Enron, a Texas-based energy company, was created in 1985 and had such phenomenal growth it was soon the seventh largest company in the U.S. until its bankruptcy in 2001. Enron was involved in a number of scandals, among which was the Nigerian Barge Case. Essentially, Enron attempted to sell interest in three power-generating barges off the coast of Nigeria, but was unsuccessful. By December of 1999, Merrill Lynch agreed to buy Enron's interest. Enron "loaned" ML 75% of the money, offering ML a guaranteed return of 15% on 7 million dollars ($1.05 million in 6 months). Essentially, the entire deal was a fraud, designed only to make Enron appear more profitable than it was. Most of the Enron promises were verbal, and the situation was never really a "sale," but a short-term leverage loan. Enron's objective, in fact, was to improve the way its income statement looked, so that it could borrow money at a lower interest rate, pay higher bonuses, and retain its momentum. Enron was unable to find a purchaser within the agreed upon timeframe, so its CEO, Andrew Fastow, arranged for another Enron company, LJM2, to fulfill the deal. As a result, ML executives were accused of obstruction justice, conspiracy, fraud, and lying (Flood, 2005; Ethics in Finance, Chapter 11).
Kantian Ethics - "To tell the truth is a duty, but is a duty only with regard to one who has a right to the truth. But no one has a right to a truth that harms others" (Immanuel Kant, "Grounding for the Metaphysics of Morals"). To many, Kant is the father of modern ethics, developing the view that morality is derived as an absolute -- or categorical imperative, necessary for human society to live...
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