Question

On October 24, 2013, the Second Circuit Court of Appeals ruled that a tipster who provided information to the SEC about illegal payments to foreign government officials by Stryker Corporation under the Foreign Corrupt Practices Act (FCPA) was not eligible to receive a Dodd-Frank award because his information was provided before the act went into effect in 2010. Stryker had made those payments between August 2003 and February 2008. The commission ruled the company had incorrectly described the unlawful payments in its books and records and failed to devise and maintain an adequate system of internal accounting controls, as required under the FCPA. Stryker was fined $13.3 million: $7.5 million in disgorgement; $2.3 million in prejudgment interest; and a$3.5 million civil penalty. Do you believer the court’s opinion was ethical from a fairness perspective? From a rights perspective? Explain.

Answer 1

• Justice and fairness are closely related terms and are often used interchangeably.
• Fairness is been used with regard to the ability of the judge without considering one’s opinion, feelings or interests.
• Where as justice is with respect to rules, rulings, standards and laws.
• Justice are mainly of two kinds one is distributive justice and the other is retributive or corrective justice.
• Distributive justice refer          s to the extent that the benefits are distributed             among members in fair and just       .
• Where as retributive or corrective justice refers to as to what extent the punishments are reasonable.
• When any institution distributes benefits or burdens in an unjust way according to distributive justice those organizations need to be punished or to be charged to a very strong extent.
• In case of corrective justice the seriousness of the crime or the matter of discussion shall be taken into consideration and also the intent of the person involving in the crime will be taken for judgment.
• Justice is the moral part of the ethics and should be give a due consideration in moral lives.
• But justice is not the only criteria shall be taken in making an ethical decision.
• In the instant case of stryker corporation the judgment under FOREIGN CORRUPT PRACTICES ACT (FCPA) is fair in a way that can control such frauds in the future and such a decision or judgment is given in an intent that not that they have committed crime but from this others will learn and they may not commit such a crime or commit such a fraud in the future.