Is this a one-in-a-million example of a quirky situation, or does it reflect the types of risks that C-level executives can face when taking strong positions corporate orthodoxy? Is the global recession, along with the growing web of regulations facing almost every industry, going to bring more pressure on CIOs and other executives to accommodate public disclosures that they believe are not accurate?
But let's go back to the Motorola example itself to get a sense of how some corporate executives these days seem to be believe that truth has recently evolved into some abstract concept that washes in and out across a spectrum of gray depending on the needs of the moment. The company attempts to deflect charges raised by former CFO Paul Liska that Motorola "intentionally or recklessly" misstated financial forecasts by saying that such forecasting failures were "common" in the industry because of the worldwide recession. That global slowdown, Motorola said in court documents, "affected the mobile phone industry as much, if not more than, any other industry and the fact that forecasts had to be revised downward in the midst of this crisis is hardly remarkable and was well known to the Motorola board." The company also saw fit to add that its competitors had to revise their fourth-quarter forecasts.
OK -- got it? Your company admits its forecasts are basically groundless but also says there's nothing it can do about it, and, heck, the whole industry's been putting out shaky numbers and then revising them later. And to make it really kosher, the company washes away any ambivalence by saying that because the board of directors knew all about, then it must be OK!
Now, I don't claim to know whether former Motorola CFO Liska is a courageous whistle-blower or a "treacherous officer." But we do know that on the day Motorola announced that Liska was stepping down as CFO, it also said that its mobile-phone sales plummeted 51% in the quarter, contributing mightily to a loss of $3.6 billion for the quarter. BusinessWeek offered this insight:
What do you do? Reach for the whistle, or just follow orders?
Or the CFO sends a memo to his entire organization telling them to delete all files pertaining to a certain complex transaction. But you know -- and the CFO should know -- that the wonderfully named Federal Rules for Civil Procedure require you to not only tell people not to destroy documents, but also to ensure that even if they are destroyed, as in this case per the CFO's memo, that you have in place an über-system that captures, stores, and indexes everything, no matter how hard someone tries to obliterate it.
So what do you do? Blow the whistle on the CFO, or just sit back and wait for somebody else to jump into the line of fire?
It's not easy, and it never will be. Then again, you don't get paid the big bucks and sit atop your profession because you're a mealy-mouthed conflict-avoider.
Liska's filing describes in detail Liska's concerns about forecasting by the phone unit. For example, in a 90-day period during the fall of 2008, "Mobile Devices' internal forecasts for 2009 radically changed, with projected unit volume down 40 million units (40%) [and] sales down $7 billion (47%)." Furthermore, the complaint states, Liska was worried because the phone unit had not provided him or Motorola's board a full 2009 business plan by the time of a Dec. 15 board meeting.
Bob Evans is senior VP and director of
To find out more about Bob Evans, please visit his page.
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or write to Bob at bevans@techweb.com.
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