Harry Markham’s Loyalty Dilemma: A Case Study | Detailed Academic Analysis

 Harry Markham’s Loyalty Dilemma Case Study


This case study is based on the case of Harry Markham’s Loyalty Dilemma. In early 2012, when he completed his Masters of Finance and CFA program from the reputed institutes, he started working for a Firm, named Investing Consulting Associates (ICA), the firm’s job was to give investment advice to pension funds. The conflict came down when he grew his concern about how the public sector pension fund liabilities were being valued? If he valued the debts by using the rules, he learned in the CFA program, the liabilities go twice as high as reported. This conflict would be solved if he was allowed to do as he had learned in his studies. But the problem was, it was not worth taking this issue to the firm or to the clients because they were not interested in this and the worst thing was the Board was not willing to hear such things that the liabilities were undervalued, and the firm was not willing to go against the desire of the board (John Minahan, 2012).

This dilemma caused a conflict in Markham’s loyalty between the firm, board, clients, and those who hired his firm for financial advice. It was very difficult to decide, whether to go with the firm or against it. It was unethical for Markham to ignore reality and maintain misleading records for clients. Also, it was very risky to tell the reality to clients and the Board of trustees because it was not good news for them. It was going to make them sad, that the liabilities are very much higher than represented. But if he follows the rules and Code of Ethics, then he was bound to prepare the true record and maintain competence and integrity. So for the upcoming meeting with the board of trustees, Markham was deciding whether to raise this issue in the meeting or not. And for that, he was very confused (John Minahan, 2012). If we find something as a tool to solve this issue, we have some standards and Ethics which we can use.

 

These standards and code of ethics are only related to this case:

Code of Ethics and Standards:

“Use reasonable care and exercise independent professional judgment when conducting investment analysis, making investment recommendations, taking investment actions, and engaging in other professional activities” (CFA Institute, 2014).

Standard for Professional conduct:

A member must not knowingly make public statements that are false, misleading, or fraudulent, concerning his/her psychological services or professional activities or those of persons or organizations with which he/she is affiliated. Accordingly, a member must not misrepresent directly or by implication his/her professional qualifications such as education, experience, or areas of competence” (THE COLLEGE OF PSYCHOLOGISTS OF ONTARIO, 2017).

Conduct as Members and Candidates in the CFA Program:

“Members and Candidates must not engage in any conduct that compromises the reputation or integrity of CFA Institute or the CFA designation or the integrity, validity, or security of the CFA examinations” (CFA Institute, 2014).

Conflicts Of Interest:

Disclosure of Conflicts: Members and Candidates must make full and fair disclosure of all matters that could reasonably be expected to impair their independence and objectivity or interfere with respective duties to their clients, prospective clients, and employer. Members and Candidates must ensure that such disclosures are prominent, are delivered in plain language, and communicate the relevant information effectively” (CFA Institute, 2014).

Duties of Employers:

Responsibilities of Supervisors: Members and Candidates must make reasonable efforts to detect and prevent violations of applicable laws, rules, regulations, and the Code and Standards by anyone subject to their supervision or authority” (CFA Institute, 2014). These standards are the best tool to decide, what to do in this situation? And the results in both alternatives. Standards and Ethics for Accounting Reporting must be examined, it will help to decide the true path.

Recommendation:

All the standards are about providing fair statements to the board and clients irrespective of the company’s personal interests. For the long-term benefits of clients and the board of trustees, Markham or any person, who is facing this situation should prepare the statement according to the rules of accounting principles, maybe it will increase the liabilities and cause a serious problem for the board, but it will be much better than making them happy by a fraud. And Markham should present this problem in front of the Board of Trustees in the upcoming meeting and to the firm also. Maybe there will be no action taken by them but Markham must fulfill his duty. As a CFA, this is my duty of Markham to follow the rules and regulations. I have provided this recommendation based on loyalty to the nation and loyalty with my own self. If Markham in this situation goes with the firm and provides misleading information. It is a trait of the country, CFA Regulatory, customers, and his own self for being ignorant of the truth.

 

 

Bibliography

CFA Institute. (2014, 07 01). cfainstitute.org. Retrieved from CFA Institute: https://www.cfainstitute.org/-/media/documents/code/code-ethics-standards/code-of-ethics-standards-professional-conduct.ashx

John Minahan, C. R. (2012, october 01). Harry Markham's Loyalty Dilemma (A). Retrieved from MIT SLOAN SCHOOL OF MANAGEMENT: https://mitsloan.mit.edu/LearningEdge/Leadership/HarryMarkhamA/Pages/Harry-Markham-Loyalty-Dilemma-A.aspx

THE COLLEGE OF PSYCHOLOGISTS OF ONTARIO. (2017, march 24). STANDARDS OF PROFESSIONAL CONDUCT (2017). Retrieved from College of Psychologists of Ontario: file:///D:/STANDARDS%20OF%20PROFESSIONAL%20CONDUCT%20(2017)%20With%20Pop%20Up%20Practical%20Applications%20February%201,%202018.pdf

 

 

Comments