Isn’t this a lot like executing the prisoner, then overturning his murder conviction?
The Supreme Court Tuesday unanimously threw out the conviction of accounting firm Arthur Andersen, a symbolic victory for a nearly defunct company torn apart in a document-shredding case involving the fallen energy giant Enron.
In a 9-0 opinion, the justices concluded that “jury instructions at issue simply failed to convey the requisite consciousness of wrongdoing.” Chief Justice William Rehnquist wrote the opinion, saying, “Indeed, it is striking how little culpability the instructions required.”
Quite a few people got into this witch hunt mentality once Enron went under, and in fact, quite a few politically motivated individuals with ulterior, future-election-winning motives still have a burning drive to kill witches in coprorate America that don’t necessarily exist. And an important point is made in the above-cited article: Andersen was railroaded on a very weak case, and although people can shrug off a conviction that kills a company, they ignore the fact that this company employs thousands, and pays the pensions and benefits of thousands more. The corporate entity is a thing; convict and execute it and it doesn’t suffer. But those who depend on it, in this case, people who are apparently quite innocent, are the ones who suffer the hardship.
This is something that should be remembered as politicians and pundits continue to go after “corporate responsbility” cases, whether it’s real or perceived. Yes, some wrongdoing has occurred. No one doubts that Enron was a hotbed for this kind of activity. Forcing a domino-line of partner companies to fall on their swords for the sake of looking good to the public, however, is a dangerous move. Corporations are nice faceless entities to rail against when we feel we must, but we can’t forget that they do sign the paychecks of the people that work under them.
