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re: Can a CEO be criminally prosecuted for 80% dividend drop due to egregious decision

Posted on 6/29/17 at 11:16 pm to
Posted by Lacour
Member since Nov 2009
32949 posts
Posted on 6/29/17 at 11:16 pm to
DUDE, DELETE THIS!
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
159031 posts
Posted on 6/29/17 at 11:17 pm to
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 6/29/17 at 11:23 pm to
quote:

I see no way it's illegal.

You can't be arrested for poor managerial decisions regardless of money lost.

If so, every small business that fails would have a would be entrepreneur behind bars


Thought I had seen a report a couple years ago where a CEO was prosecuted in similar circumstances but cannot locate the report. It seems like the fact he had acted egregiously poorly in some decisions leading to great losses was in violation of some federal statutes.

Just hoping for a little assistance from the esteemed board.

Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69240 posts
Posted on 6/29/17 at 11:30 pm to
This is a clown question bro
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
23190 posts
Posted on 6/29/17 at 11:30 pm to
quote:

Just hoping for a little assistance from the esteemed board.


Keep on hoping. Posts like these may get you a subpoena.
Posted by FearTheFish
Member since Dec 2007
4558 posts
Posted on 6/30/17 at 7:58 am to
quote:

Lacour
quote:

DUDE, DELETE THIS!
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 6/30/17 at 8:03 am to
quote:

Thought I had seen a report a couple years ago where a CEO was prosecuted in similar circumstances but cannot locate the report. It seems like the fact he had acted egregiously poorly in some decisions leading to great losses was in violation of some federal statu


Unless fraud was committed, it sounds like the board let you down.
Posted by Dixie Normus
Earth
Member since Sep 2013
2877 posts
Posted on 6/30/17 at 9:00 am to
As long as he wasn't stealing money, there's not much you can do. The Business Judgment Rule shields directors and executives from liability in poor business decisions unless there is bona fide proof that they just didn't do any homework at all in making the decision.
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 6/30/17 at 1:49 pm to
quote:


As long as he wasn't stealing money, there's not much you can do. The Business Judgment Rule shields directors and executives from liability in poor business decisions unless there is bona fide proof that they just didn't do any homework at all in making the decision.


There might be some foundation for this. There was objective data to reflect the success of the operation over a significant period and for no substantive reason given changes in process and ultimately in management were made. Those decisions resulted in a precipitous drop in profitability and returns to those involved. It would be very difficult for the CEO to substantiate any reasonable research or data that would justify his decisions.
Posted by Koach K
Member since Nov 2016
4818 posts
Posted on 6/30/17 at 2:32 pm to
When volod decides to go back to southern law school these threads will improve though.
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 6/30/17 at 11:20 pm to
quote:


Keep on hoping. Posts like these may get you a subpoena.


I would welcome that
Posted by vengeanceofrain
depends
Member since Jun 2013
12465 posts
Posted on 7/1/17 at 12:17 am to
If it was made in good faith no he can't. U can't jail someone for running a non profitable business
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41677 posts
Posted on 7/1/17 at 12:21 am to
Are you the fired manager?
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 7/1/17 at 12:38 am to
quote:

Are you the fired manager?


Very perceptive.

Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 7/1/17 at 12:46 am to
quote:

If it was made in good faith no he can't. U can't jail someone for running a non profitable business


What would it take to establish bad faith. Failure to review historical trends ? Acting contrary to the conclusions of external consultants ?

Certainly in an at will state the CEO has latitude to make personnel decisions. But does failure to weigh the accomplishments and taking risks which imperiled the finances create such an egregious decision that criminal action might be justified?
Posted by Retrograde
TX
Member since Jul 2014
2914 posts
Posted on 7/1/17 at 12:53 am to
Nothing the OP shared would make a criminal case. You would need proof that the CEO was intentionally trying to negatively affect the company for personal gain.

You are looking at a bad case of mismanagement. Get a new job.
Posted by biglego
San Francisco
Member since Nov 2007
85538 posts
Posted on 7/1/17 at 1:42 am to
Call 911 and make a complaint. I bet the sheriff hauls the CEO to jail asap.
Posted by tigersbb
Member since Oct 2012
13254 posts
Posted on 7/1/17 at 1:44 am to
quote:

Call 911 and make a complaint. I bet the sheriff hauls the CEO to jail asap.



U S Justice department
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 7/1/17 at 7:26 am to
quote:

fires lower level manager whose vision and leadership resulted in the enhanced results under prior administration for not " buying into his agenda."


Unless said CEO tells you to do something illegal/unethical, you are expected to buy into his agenda. If you disagree with that agenda you can try to persuade him otherwise but ultimately it's the CEO's decision to make and you're expected to follow that agenda whether you like it or not.

Apparently those "enhanced results" didn't convince the CEO. Perhaps unfortunate but definitely not criminal.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69240 posts
Posted on 7/1/17 at 7:35 am to
quote:

Can a CEO be prosecuted under any criminal codes for making egregiously poor decisions which lead to 80% reduction in dividends?


Absolutely. In China, Syria, most Caribbean nations and former Eastern block countries.
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