According to (), the pressure from ethical considerations needed for criminal justice systems significantly varies with the ethical pressure experienced by private organizations and other public entities. Because of the weighty authority criminal justice practitioners have and the effect on citizens, it is instrumental that they have a deep insight into the importance of ethics in their work (). This paper analyzes the White-Collar Crimes- Atlantic States Foundry case study to identify the ethical framework and professional codes of ethics present.
Part one: Case Analysis
Background of the Case
Atlantic States Foundry was a white-collar crime case involving the Atlantic States Cast Iron Piper Company Vs the United States of America involving four key supervisory-level employees, charged and found guilty of crimes such as environmental violations, poor working environments leading to fatalities, obstruction of justice, and violation of the Clean Air and Clean Water Acts (Pettus, 2020). Consequently, the company was fined $8 million, and the four officials were imprisoned for six months and six years. Further, New Jersey District Judge Mary L. Cooper put the company on a four-year probation and was subjected to oversight by a court-appointed monitor. To date, this case is remembered as one of the longest environmental crime trials in the history of the United States (Pettus, 2020)
Ethical Issues and Principles
The ethical issues involved in this case included a poor and unprotected working environment, which led to fatalities such as the death of a folk lifter. The company also engaged in environmental pollution through violation of the Clean Water Act and Clean Air Act permits by discharging petroleum-contaminated water full of paint into the Delaware River and releasing toxic carbonated smoke into the open air through burning tires and excessive hazardous waste paints (Pettus, 2020). The officials also repeatedly obstructed justice through lies and infringement of the workers’ rights and freedoms as stipulated in the Employment and Social Security Acts through constant threats and intimidation (Akrami et al., 2018). Professional Standards of Conduct and the CFA ethical codes of conduct mandate individuals to adhere to the principles of integrity by maintaining the highest levels of honesty and professional integrity in all their personal and company dealings. Therefore, this case analysis is significant to the ethical and professional integrity build-up about societal norms and codes of conduct.
Ethical Framework and Professional Codes of Ethics
The principles of Virtue Lens are significant and syntactic with the integral questions of truth, honesty, humanity, and habits that require us to act to uphold ethical characters. In this case, the virtue principles were constantly violated by the executives responsible through lies to the investigative official to conceal the truth about the humanitarian atrocities of environmental pollution resulting from the release of contaminated chemicals, petroleum products, and emission of gases into the air, violations of employee rights through threats and intimidation, and lack of proper care (Ferrero et al., 2018). Similarly, the company’s actions undermined the principle of Utilitarianism, which is a results-based approach that demands the cost/benefit analysis of actions/impacts of the company on the environment, justice system, and employees. This framework is significant in impact analysis, determining the scope and extent of damage/benefits resulting from particular actions. The principle promotes overall well-being by prioritizing actions that maximize greater social and economic benefits. By applying this framework, the Atlantic States Foundry can evaluate the scope and extent of its actions on employees, community, and customers and adjust accordingly (Ferrero et al., 2018). Also, the principle of justice and fairness is fundamental in assessing the company’s justice system to determine the effects of its actions on employees and the environment and take proactive intervention measures.
Possible Solutions, Strengths, and Limitations
The possible solution to rebuild the company’s image and improve social and economic trust would be the enforcement of the ethical frameworks within the company’s operational framework to ensure that both the employees and stakeholders operate with integrity, professionalism, and responsibility (Jabłoński, 2020)—enforcement of legal actions and accountabilities to ensure that the responsible individuals take responsibility for their actions. The Department of Justice and the SEC, among other regulatory organizations, should ensure routine checks, oversights, quality controls, and company behavior to ensure its actions are within the law. The justice system should ensure adequate compensation for those affected individuals and families (Jabłoński, 2020). Corporate reforms on management and governance, environmental protection and conservation interventions, and improved safety of the working environment are among the applicable solutions to restore the trust and credibility of the company. However, the limitations of the solutions include lengthy legal action and lack of accountability. For instance, this case is considered the longest of all environmental violation cases in the history of the U.S. It may also be challenging to determine and develop a compensation structure for those affected (Jabłoński, 2020). Losing a policy framework on environmental protection, conservation, and restoration is expensive and time-consuming, so that the company may need more time and resources. Installation of new equipment to enhance the safety of workers may be costly and disruptive to the company’s operations, hence stalling its production and service delivery (Jabłoński, 2020).
Recommendations and Ethical Implications
My recommendations include a compensation plan for employees and families affected. Enactment of the Employee Protection and Security Acts to protect the employees and their rights by providing safety equipment to help mitigate work-related injuries and fatalities (Sony & Naik, 2020). Environmental protection and conservation interventions through cost/benefit analysis for the greater good. Formulation of corporate reforms to help the company rebuild its goodwill and trust. They uphold the professional codes of conduct outlined and recommended by the CFA Institute (Sony & Naik, 2020). Ethical implications for these recommendations include enhanced professionalism, transparency, and integrity. Formulating and adjusting the corporate reforms will help adjust the company’s policies and regulations, fostering behavior change. Incorporate inclusivity in the decision-making process involving the employees amongst other key stakeholders.
Part Two: Reflection: Case Analysis
Applying the ethical framework in this case analysis paused a significant challenge of decision-making on the respective ethical issues addressed in this case. These choices included the relevance of the ethical framework to this case (Ferrero et al., 2018). The lenses seemed all relevant, addressing conscious issues presented in the case. Proper intervention plans and solutions tailored to mitigate the issues addressed in this case, such as environmental pollution, obstruction of justice, poor working environment, and work-related injuries and fatalities, were also a challenge—moral and ethical interventions (Sony & Naik, 2020). Further, the atrocities the company’s executives perpetrated undermined the critical pillars of ethical principles such as integrity, transparency, and equality by violating the safety rules and guidelines. Therefore, my moral conscience was fundamental in prioritizing the issues based on cost/benefit analysis (Hebenstreit et al., 2022).
Personal Ethics
My ethics were fundamental in analyzing critical issues raised in this case and formulating appropriate recommendations and solutions to achieve accountability, stability, fairness, transparency, and integrity (Hebenstreit et al., 2022). The Utilitarian framework employs the cost/benefit analysis, a crucial decision-making component. The principles of virtue ethics are fundamental for behavior checks and ethical decision-making when dealing with complex fundamental executive issues (Hebenstreit et al., 2022)
Intersection of Professional Code to Personal Interests/Values
The professional code that intersects with my interests and moral values is the principle of professional integrity. This principle dictates that individuals act with the highest integrity, fairness, honesty, and reliability in their professional dealings (Hebenstreit et al., 2022). In this case, professional integrity is undermined through constant defiance, obstruction of justice, threats, intimidation, and lack of professionalism in dealing with federal and state employees. Therefore, upholding this value is fundamental to fostering equality, justice, honesty, and professional ethics in my dealings. In society, this code promotes trust and credibility in business and professional and ethical behavior, enhancing transparency and cooperation and thereby spurring growth and development (Hebenstreit et al., 2022). The code of ethics promotes the provision of quality products, prioritizes the common public good/interests, and behavioral modeling while adhering to the legal tenets and guidelines (Skaaden, 2019).
Conclusion
Carrying out this case analysis to determine the fundamental ethical issues, principles, and implications of the White-collar crimes committed by Atlantic States Foundry is an eye-opener into the atrocities and ethical injustices committed by the executive on the environmental protection disregard, safety of workers, obstruction of justice and lack of professional integrity. Virtue ethics and Utilitarianism principles of ethical framework, in conjunction with the principles and codes of conduct, underscore the significance of upholding integrity, accountability, honesty, and equality in professional engagements. Therefore, moving forward, the proposed recommendation will help solve environmental conservation, corporate management, and judicial problems consciously through cost/benefit analysis.
References
Ferrero, I., Guitian, G., & Sison, A. J. G. (2018). Business Ethics: A Virtue Ethics and Common Good Approach. https://www.scu.edu/ethics/ethics-resources/a-framework-for-ethical-decision-making/
Hebenstreit, G., Marics, A., & Hlavac, J. (2022). Professional ethics and professional conduct. Handbook for interpreters in asylum procedures, 2(8), 74-85. https://knowledge-centre-interpretation.education.ec.europa.eu/sites/default/files/communities/handbook_for_interpreters_in_asylum_procedures_0.pdf#page=70
Jabłoński, M., Timmers, P., & Sarkis, J. (2020). Sustainability in business models in the network economy. Electronic Markets, 30, 675-678. https://doi.org/10.1007/s12525-020-00444-1
Pettus, L. (2020). Effective Use of Federal Criminal Statutes to Achieve Justice in Worker Protection Cases. Dep’t of Just. J. Fed. L. & Prac., pp. 68, 93. Akrami, F., Zali, A., Abbasi, M., Majdzadeh, R., Karimi, A., Fadavi, M., & Bahar, A. M. (2018). An ethical framework for evaluating public health plans: A systematic process for legitimate and fair decision-making. Public Health, pp. 164, 30–38.
Skaaden, H. (2019). Ethics and profession. In Ethics in public service interpreting (pp. 147–201). Routledge.
Sony, M., & Naik, S. (2020). Critical factors for implementing Industry 4.0: A review and future research direction. Production Planning & Control, 31(10), 799-815.https://doi.org/10.1080/09537287.2019.1691278
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