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From ethics to fraud in eight selfish steps

There are eight critical thinking areas that breach individual ethical behaviour on the slippery downward slope to outright illegal activities. Additionally, on average , fraudsters only enjoy 23 months of leveraged financial exuberance before they are apprehended, according to Patrick Kuhse, "On Speaking of Ethics" at the American Institute of Certified Public Accountants Advanced Personal Financial Planning Conference 2009. In an emotional, passionate hour of personal convictions, Mr. Kuhse delivered a descriptive horrendous lesson in deliberately making wrong choices in life. Choices that destroyed the lives of everyone he cared about, including himself, by the time he was 35 years old.

PIG: In statistics compiled by various universities, two questions on ethics are answered as: "How many think Wall Street is corrupt?" 80 percent of students think that it is. When asked of the students, "how many of you (employees), if put in a position of doing something unethical in their job to get ahead, will do it?" Again the answer is 80 percent.

This is a discouraging assessment of the prevailing corporate environment of greed and the total lack of individual fiduciary responsibility. Mr. Kuhse stated that it all starts so easily. Ethics violations become a series of individual compromises all along the way, all driven by PIG - personal instant gratification.

1 Entitlement: The attitude of entitlement starts very early in life. I am where I am, so I am entitled. I deserve it because of my years of service. I am above the law; those are great laws, but they do not apply to me. The world owes me. I need it, a new wife/husband, a new car, new position, more money, influence, and power.

2 Super Optimisim combined with Ego = Arrogance: I can do anything I want when I want.

3 Affection Disconnection: What becomes the breaking point? Individuals into complete self-promotion are emotionally unavailable. They often use the excuse that they are doing "it" (all the hard work, cutting ethical corners, etc.) for family or country. The honest question to ask is, are you really doing it for them or are you doing it for yourself?

4 SUDS - Seemingly Unimportant Decision: The initial act that sends the unethical individual down the crooked path starts with a small decision, such as selling favouritism and getting pecuniary favours from someone else, who then also becomes involved in the cover-up.

5 Rationalisation: The grey area of the brain and the decision-making centre, makes the tough and even ordinary decisions in everyday life. We are asked to make ethical judgments every day, sometimes insignificant and inconsequential, but the rationale is the same. If everybody does it (an illegal act) does that make it wrong or right? When everyone else is doing it, that means that I have to do it as well in order to compete. And it does not stop at that thought process. Rationalisation allows just one or two securities trades (to make those big bucks) and then the famous last words... and then I will stop. Guess what, you don't.

6 Lazy: It becomes all too easy to watch the new money just roll in. You let your guard down, become careless and then, one day, the US Secret Service and the FBI or other criminal agents are knocking at your door - asking for explanations.

7 Victimitis: You do not ever want to take responsibility. It is never your fault - always someone else, circumstances or history. You don't accept accountability or responsibility for your actions.

8 Situational ethics: You compartmentalise your ethics. In some areas, you are morally upright but not in others. For instance, you cannot disclose someone's personal secrets, but have no problem cheating financially. Who are the real victims of an individual's unethical behaviour: families, friends, children, spouses, and faith?

From prominence to prison: When crimes are committed, the families do the time, not the prisoner.

Patrick Kuhse knows only too well what it means to be a leading financial planner, and successful businessman, then having lost it all, a fugitive and prisoner. According to the United States 10th Circuit Court of Appeals in USA V Kuhse, he was named in a 32-count indictment returned on September 21, 1994. The charges against Kuhse, which included conspiracy, bribery, money laundering and criminal forfeiture, arose out of a bribery/kickback scheme in trading municipal bonds perpetrated against the State of Oklahoma by Kuhse and two co-conspirators. At the time the indictment was returned, however, Kuhse had left the US and was residing in Costa Rica.

Almost three years later, Kuhse surrendered to the United States Embassy in Costa Rica. He was returned to the US on the outstanding warrant and pleaded guilty to all counts against him. Kuhse was sentenced to 71 months in prison and ordered to pay restitution to the Oklahoma State Treasurer's Office in the amount of $3,894,391 less any amounts recovered by the US Government in its forfeiture case against him and in a separate civil case filed in the US District Court for the Western District of Oklahoma.

At the time of sentencing, Kuhse had a negative net worth of $316,700, was separated from his wife and had two dependent children, ages 13 and 11. As a result of his felony conviction, Kuhse was unable to retain his licence as a financial planner and will be prohibited from selling insurance.

Does it pass the smell test? Kuhse's scheme was simple enough, but its inevitable fall from grace was horrific. He began padding commissions on securities trades, then remitted some of the proceeds to his co-conspirator. In the initial phases, he admitted to the audience that when he described this exciting road to riches to his wife, she said two words: " Smells illegal!" His mother did not approve either, but he did it anyway, and got caught.

In the course of fleeing extradition, he left his wife to care for two small children, and spent three years in hiding. By the time he was sentenced to prison for six years, his sons were telling their friends that he was dead, and the trust he had had with his wife was destroyed forever.

The unconditional love of parents. He was abandoned, except by his parents. While serving time, he earned a university education, and upon his release, his parents met him at the gate, helping him homeward to a new start in life.

Why smart people do dumb things. Is prestige and ego so important that you are willing to betray everyone and everything that you hold dear: every principle, every friendship, every ounce of respect, every single bit of goodness turned into shameful behaviour. His message delivered hundreds of times to high schoolers, university students and beyond is the same; the passionate conviction that he chose in the end - to do the right thing. It is the only thing to do. Ethics matter.

Mr. Kuhse's presentations are fortuitous of the time and reinforced by the message from the new president that this behaviour will no longer be tolerated, by the US government, by communities both here ad beyond, by friends and family. It is time to do the right thing, not because we will be shamed into it, not because someone will find you out, but because your inner conscience says that it is the right thing - for you, for your community, for your country, for the world.

We are entering a period of transparency, honesty and good governance. We can no longer fall back on the excuses of the past, whether we were wronged or the wronger, whether we were the victim or the perpetrator, whether we received the profits or missed out on all of the excesses.

Income does not define wealth. Life attracts life. Family and loved ones are the only things that define success.

The only thing we take with us when we go is "our choices."