I have commented before on the U. S. Supreme Court ruling on “honest-services” obligations and its effect on business executives with responsibility for operating a company.
Because the CEO has to be an optimist to prevent the proverbial corporate roof from easily falling in, and employees and customers fleeing, and losing jobs, the executive must retain legal leeway. He must be given some slack.
A top executive who is not a cheerleader is doing an extremely poor job. Unfortunately, too many jurors and judges are not aware of this business fact.
The public cannot holler “fraud” at the drop of a hat every time disaster strikes a company. That is a ploy used by plaintiff lawyers doing what they do best, and who always charge that the glass was half empty.
And that is what probably happened at the trial of the former Enron Chief Executive, Jeffrey Skilling. And other execs convicted of similar charges.
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