You are on page 1of 18

International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 1

Conflict of Interest:
What It Is, Its Causes and Consequences
Yanli Zhang, Center for Enterprise Innovation and Development, Soochow University, China
& Management Department, Montclair State University, Upper Montclair, NJ, USA
Jeffrey Hsu, Department of Information Systems and Decision Sciences, Fairleigh Dickinson
University, Madison, NJ, USA
Ruben Xing, Information and Operations Department, Montclair State University, Upper
Montclair, NJ, USA
Wencang Zhou, Management Department, Montclair State University, Upper Montclair, NJ,
USA

ABSTRACT
Given the persistent prevalence of conflict of interest in our society, the authors ask the question: What ex-
actly is conflict of interest? Based on an extensive analysis of conflict of interest cases in the popular press,
the authors come up with a typology of conflict of interest: personal conflict of interest versus organizational
conflict of interest. Furthermore, the authors develop a model of the causes and reactions to conflict of inter-
est. The authors identify four antecedents to conflict of interest which include delegation of authority, guanxi
and guanxi practice, law and ethics code, and moral & values. At the same time, the authors find that the
characteristics of conflict of interest, which include network strength, exchange value, and transparency will
influence people’s reactions to the conflict of interest and perception of impaired judgment and decision making.

Keywords: CEO Compensation, Conflict of Interest, Corporate Governance, Ethics, Guanxi, Procedural
Justice, Social Networks

INTRODUCTION Merrill Lynch, Morgan Stanley and Citigroup


in investment banking, and Enron, WorldCom,
Ever since Enron’s case in October 2001, Tyco, and Global Crossing in other industries.
there has been much more attention paid to Not only is conflict of interest prominent
corporate scandals. One outstanding theme in the corporate world, it also has tainted
that has emerged from the corporate scandals government and much of the world beyond.
is the conflict of interest issue. There are nu- People involved in conflict of interest charges
merous large and famous companies that have include former US secretaries of state Henry
been involved in conflict of interest issues, Kissinger and George Shultz, former US CIA
for example, Arthur Andersen in accounting, director James Woolsey, Bush Administration’s
Iraq policy architect Richard Perle, and United

DOI: 10.4018/ijkbo.2015040101

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
2 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

States Olympic Committee (USOC) chief ings industry, not the least of which is the fact
executive Lloyd Ward. that the main players receive the bulk of their
The purpose of this study is three-fold. revenues by collecting ratings and consulting
First, we seek to understand the construct of fees from the very companies whose debt they
conflict of interest. What exactly is conflict of evaluate. (Revell, 2003)
interest? Is the concept as straightforward as it ‘I am concerned about recent press reports that
sounds? Second, we will attempt to come up senior executives (at Premier and Novation,
with a typology of conflicts of interest. Third, two big hospital buying groups who serve as
we will analyze the reports collected to find out purchasing agents for hospitals) have received
what factors cause or control the tendency to or obtained stock or stock options from product
engage in conflict of interest, and what people’s suppliers, creating serious conflicts of interest,’
reactions are to it. Orrin Hatch, Republican of Utah, said in a
The paper is organized as follows. The statement at the hearing. (Meier & Walsh, 2002)
first section defines and clarifies the concept Charles Elsoon, director of the Center for
of conflict of interest. The second section Corporate Governance at the University of
gives a typology of conflict of interest. The Delaware, said it is a conflict of interest for an
third section develops a model of what are the outside director to also serve as an investment
causes and reactions to conflict of interest and banker on a particular transaction, because
its characteristics. his personal interest in getting paid may not
coincide with the interests of Tyco shareholders.
(Maremont, 2002)
WHAT IS CONFLICT
OF INTEREST?
Although it seems that people have a pretty
What do people refer to when they talk about good intuitive sense of conflict of interest, the
conflict of interest? The makeup of the term notion of conflict of interest is much more so-
makes conflict of interest seem a pretty straight- phisticated. Therefore, we need to give a more
forward concept to most people: which means precise definition for conflict of interest. In
having interests that conflict. People’s ordinary this article we adopt the definition of conflict
picture of a conflict of interest is one in which of interest given by (Davis & Stark, 2001):
some personal or financial relationship external
to one’s position makes it difficult for one to A conflict of interest is a situation in which some
perform the duties of one’s position (Carson, person (whether an individual or corporate
1994). This is shown by the following examples body) stands in a certain relation to one or
of conflict of interest as used by people in com- more decisions. On the standard view, P has a
mon discourse: conflict of interest if, and only if (1) P is in a
relationship with another requiring P to exercise
During the years, Wall Street firms wore a judgment in the other’s behalf and (2) P has a
number of conflicting hats for Enron, serving (special) interest tending to interfere with the
as an underwriter on Enron stock and bond proper exercise of judgment in that relationship.
deals, and often providing positive research on
the company’s stock. … Investigators want to In the above definition, it is important to
know if such conflicts of interest hindered Wall realize that the crucial terms are “situation”,
Street’s ability to call attention to Enron’s prob- “decision”, and “relationship”. These are the
lems sooner. (Gasparion & Hamburger, 2002) key elements that constitute conflict of interest:
During one hearing of the House committee on
financial services, legislators focused on the 1. Conflict of Interest is a Situation: A
conflicts of interest that riddle the credit rat- conflict of interest refers to a situation that

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 3

there are conflicting interests in decision the term as an idiomatic expression (McMuni-
making. Therefore, conflict of interest does gal, 1992). The term “conflict of interest” also
not necessarily involve impaired judgment began to appear in code of ethics in the 1970s
and biased decision, although it has such (American Bar Association, 1970).
potential.
2. Conflict of Interest Must Involve De-
cisions: To have interests that conflict A TYPOLOGY OF CONFLICT
is not sufficient to constitute conflict of OF INTEREST
interest. Conflict of interest does not refer
Based on the study of an extensive number of
to any conflict but rather refers to having
conflict of interest cases searched from news-
conflict in decisions. For example, our
papers, we come up with a typology for conflict
family obligation conflict with our work
of interest and discuss some of the implications
obligation in terms of time allocation, but
of that typology.
since normally it doesn’t influence our
This section is organized as follows: First
decision making at work it is not a conflict
we discuss the methodology used in collecting
of interest. This decision element marks
the conflict of interest cases. Then we propose
the distinction of conflict of interest from
our typology based on the reading and analysis
corruption or scandal. Conflict of interest
of these cases. After that, we discuss the implica-
is only a subset of government corruption
tions of this typology. Lastly, we demonstrate
or corporate scandal (Rose-Ackerman,
how our typology can be used to categorize
1999). One example of government cor-
some of the more prominent conflict of interest
ruption or corporate scandal that does not
cases we have collected.
involve decision-making is embezzlement
The search for information about conflict of
of public or private funds.
interest cases was conducted on two newspaper
3. Conflict of Interest Must Involve Rela-
databases: Lexis-Nexis Academic and Dow
tionships: In conflict of interest, first of all
Jones Interactive. A huge volume of informa-
there has to a primary relationship, which
tion was identified. To make this information
requires the person to exercise judgment
manageable, we narrowed our searches to the
on the behalf of others. Then there has
top five US daily newspapers including New
to be another relationship, which we call
York Times, Wall Street Journal, USA Today,
secondary. The interest of the secondary
Washington Post, and Chicago Tribune in a
relationship tends to interfere with the
time range of October 2001 to November 2003
proper judgment in decision making on
(the after-Enron period). Because there is much
behalf of represented party in the primary
repetitive coverage, primary focus was given
relationship.
to New York Times and Wall Street Journal.
Since there is still too much information, we
Here we also briefly recount how the term first did a quick read of the search results to
of conflict of interest has evolved. The term identify the conflict of interest cases, e.g. the
is used as an idiomatic expression nowadays, Arthur Anderson case. Then, we only focus on
although it is barely half a century old. The first those major cases and did more refined search
court case to use the term in something like the using both conflict of interest and the person
definition given here was in 1949. The Index of or company names of the cases as keywords.
Legal Periodicals had no heading for “conflict of Based on the reading of the cases, we come
interest” until 1967. No English dictionary had up with a typology of conflict of interest that
an entry for “conflict of interest” before 1971. divides it according to the different relationships
The first philosophical discussions of the term that cause the conflict of interest. We categorize
date from the early 1970s (Luebke, 1987). In conflict of interest into two broad categories:
the late 1960s lawyers began to explicitly treat

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
4 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

personal versus organizational conflict of inter- seeking or negotiating for employment, that
est. Personal conflict of interest arises because conflict with official government duties and
the person has other relationships that interfere responsibilities. Even more stringent, no em-
with the proper exercise of his responsibili- ployee who is appointed by the President to a
ties. Organizational conflict of interest arises full-time non-career position in the executive
because the organization is so designed that it branch (including full-time non-career employ-
performs multiple services for different clients ees in the White House office, the Office of
whose interests may conflict. From this, it is Policy Development, and the Office of Cabinet
apparent that they are at two different levels, Affairs), shall receive any earned income from
one is at the individual level, and the other on any outside employment or activity performed
the organizational level. during presidential appointment. The Kissinger
case given below is such an example.
Personal Conflict of Interest
Exchange of Value
Personal conflict of interest arises because the
person has other relationships that interfere For this to constitute conflict of interest there
with the proper exercise of his responsibilities. has to be an exchange of certain value. There is
The personal type of conflict of interest can actually a special term for this type of conflict
either come from a person’s family or friend of interest. It is called “quid pro quo” or bribery
relationship, or it can be that the person has depending on the value of the exchange. They
outside employment or activities whose interests are both situations where there is an exchange
conflict with those of the first organization. It of value between an officeholder and a citizen
can also be an ad hoc relationship induced by (or group), in which the transfer made by one
an exchange of value (bribery). to the other is prompted by the transfer from the
other to the one. The recipient’s personal finan-
Family and Friends cial interest in accepting the bribery payments
creates a conflict of interest in that it motivates
Conflict of interest can arise because the per- the recipient to do things that are incompatible
son’s family member or friend is connected to with the duties of one’s office, position, or role
some interest which conflicts with the duty or (Carson, 1994). Financial relationships include
interest that the person represents. Spouse is the stock ownership, consulting fees, research
most obvious example of this form of conflict grants, and payments for speeches and travel.
of interest. Virtually all jurisdictions require The Citigroup case, etc. given below are such
officials to disclose assets held by spouses, examples.
including spouses’ financial portfolios, jobs,
gifts, and other sources of remuneration. The Organizational Conflict of Interest
USOC case given below is another example of
this form of conflict of interest. The organizational conflict of interest arise
when one organization performs duties for
Outside Employment at least two parties or clients who each have
conflicting goals or objectives (Perrow, 1961;
Conflict of interest can also arise because the Poser, 1988). For example, conflict of interest
person in authority is connected to some other may arise when the corporate finance depart-
organization that may have conflicting interests ment in an investment bank seeks to promote
with the duties he performs. Based on the United its clients’ deals through favorable ratings,
States Executive Order 12674 -- Principles while the stock analysts seek to rate companies
of Ethical Conduct for Government Officers objectively and independently (Hayward &
and Employees, employees shall not engage Boeker, 1998). For another example, it can also
in outside employment or activities, including arise when institutional shareholders may have

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 5

current or potential business relationships with strong connections are actually inseparable.
their shareholding firm which makes them less The existence of either one will substitute for
willing to curb management discretion actively the other, and justify the existence of conflict
(Short & Keasey, 1996). of interest. For example, an exchange of value
Particularly, professional firms that pro- (bribe) can be regarded as a substitute for a
vide multiple services are likely to have this strong connection. Because when people wants
organizational conflict of interest (Tomasic, to seek help from a person in authority but un-
1991). These firms may perform services for fortunately does not have a strong relation with
some clients that compromise their services the person, he or she has to use financial means
for others lawyers may be hired by one client to build this strong tie. Therefore, exchange of
to provide advice that works against another value has the same effect as a strong tie in that
client (Tomasic, 1991). Consultants often need it makes the person in authority beholden to
to decide whether to work for a firm that com- the gift sender.
petes with an existing client (Lindsay, 1989). These common features have significant
Journalists may consider whether to publish a implications for managerial networking prac-
story negative about an advertiser. tice. It shows us what are considered conflict
of interest by people in organizations and what
Common Characteristics are not. Because strong connections or financial
of Conflict of Interest interests tend to generate conflict of interest,
managers should be particularly careful dealing
From this typology, we can derive some with strong connections or financial interests.
common and distinct features among the two Weak connections, however, do not have such
categories, which have implications for the harmful consequences. Therefore, it is com-
reactions and solutions to conflict of interest. monly acceptable to utilize weak connections
to help managers reduce the amount of informa-
Conflict of Interest Involve
tion, e.g. referring a CV in recruiting efforts.
Strong Connections
Different Solutions for Different
First, the personal and organizational conflicts
Conflicts of Interest
of interest both involve strong connections. It
seems that the strength of the tie is the critical The distinction between the two types of conflict
factor in both determining whether conflict of interest is about at what level the conflict of
of interest exists and evaluating the severity interest arises. For the personal conflict of inter-
of the conflict of interest. By the definition est, it arises at the individual level, while for the
of conflict of interest, a conflict of interest organizational conflict of interest; it arises at the
should tend to interfere with proper exercise organizational level. Personal conflict of interest
of judgment. Therefore, a weak tie is usually is the more recognized one. Most people, when
considered as not interfering with judgment, talked with conflict of interest, would think
because a weak tie is mainly informational in of personal conflict of interest as an example.
that it helps narrowing down alternatives due to However, in recent years, more and more atten-
people’s bounded rationality. On the other hand, tion is focusing on the organizational conflict
a strong tie is usually considered as interfering of interest. The recent increasingly serious
with judgment because it is emotional in that scandals in the accounting, investment banking
the person involved will want to do good to and mutual fund industries have significantly
the other party. transformed people’s understanding of conflict
One thing is worth mentioning, strong of interest. Conflict of interest in people’s
connections and financial interests are almost impression used to be understood primarily in
equivalent. Based on the conflict of interest terms of conflicts involving personal interests,
cases, we can see that financial interests and

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
6 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

the kind that would reach an individual from It is reported that at 420 of 2,000 major
outside his or her professional role. However, public corporations, their CEO’s compensation
these days more and more conflicts of interest committees – the folks who determine CEO
are originating inside an individual’s profes- pay – include relatives or individuals with ties
sional role (Stark, 2002). to the CEOs or to the company (Times, 2002).
The implication of this distinction between Tyco International Ltd. paid a total of $20
the two types of conflict of interest is also million to one of its outside directors and to
significant. Most importantly, it calls for dif- a charity he controls, in return for his help in
ferent solutions for different types of conflict brokering a major acquisition. It is a conflict of
of interest. For the personal conflict of inter- interest for an outside director to also serve as
est, we have more ready solutions. There are an investment banker on a transaction, because
three solutions: to escape, to disclose, and to his personal interest in getting paid may not
manage. To escape includes recusal, divesti- coincide with the interests of Tyco shareholders
ture, and resignation. All of these solutions (Maremont, 2002).
focus on the person, how to get him out of the Former Secretary of State Henry A. Kiss-
conflict of interest, or if the conflict of interest inger was appointed by President Bush to lead
is unavoidable, how to monitor and manage an independent investigation into the Sept. 11
his actions. For the organizational conflict of attacks, while Mr. Kissinger’s consulting firm
interest, solutions are much scantier. The same has clients of major multinational corporations,
three solutions can still be applied, but it will whose profitability can depend on maintain-
be much more difficult. For example, the audit- ing cordial ties with foreign governments and
ing industry has strongly resisted the proposed Washington officials.
regulation to prohibit them from engaging in Mr. Richard Perle, an influential architect
multiple services for clients. of the Bush administration’s Iraq policy and war
plans, is alleged to represent a major telecom-
The Cases munications company that has a strong financial
interest in lobbying the Defense Department.
In categorizing the conflict of interest cases, we Former Secretary of State George Shultz
have chosen to focus on the more prominent is on the board of directors of the Bechtel
cases. We have managed to categorize these Group, the largest contractor in the US, and
cases unequivocally into the two different types. one of the finalists in the competition to land
All together, there are twenty cases, which a fat contract to help in the rebuilding of Iraq.
include twelve cases in the personal category, He is also the chairman of the advisory board
and eight cases in the organizational category. of the Committee for the Liberation of Iraq, a
Although the number of cases is not large, the fiercely pro-war group with close ties to the
cases are quite representative of the different White House.
natures and scopes of conflict of interest, with Former CIA director James Woolsey is a
the different social circumstances where con- principal in the Paldin Capital Group, a venture
flicts of interest arise. capital firm that is soliciting investment for
companies that specialize in domestic security.
Personal Conflict of Interest Cases
Mr. Woolsey is also a member of the Committee
USOC (United States Olympic Committee)’s to Liberate Iraq and is reported to be in line to
chief executive, Lloyd Ward, was accused of play a role in the postwar occupation.
abusing his position to try to secure a business Citigroups’s brokerage firm, Salomon
contract for his brother (Sandomir, 2003a). Smith Barney, allocated a million shares of hot
Ward’s case ultimately triggered an overhaul new stock offerings to WorldCom executives.
of USOC (Sandomir, 2003b). Regulators are trying to determine whether those
allocations, which usually generate large, instant

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 7

and virtually risk-free profits, were given in called late trading, market timing, self-dealing,
exchange for investment banking assignments and excessive fees and compensation. All of
for the company (Morgenson, 2002). these scandals fall into the agency issues be-
Nearly 100 executives at Merrill Lynch & cause the essence of all these scandals is a focus
Co. invested a total of more than $16 million on the interests of the mutual fund company
of their own money in one of Enron’s partner- as opposed to the interests of the individual
ships, known as LJM2 Co-Investment LP. This shareholders. Late trading and market timing
partnership was one of the largest that allowed give some favored investors special privileges,
Enron to keep assets off its balance sheet – es- which push up the costs and cut the value or-
sentially sheltering the firm’s financial problems dinary investor’s holdings; self-dealing is the
before it was too late – as well as enriching improper trading for personal profit by manag-
Enron executives. Investigators was looking at ers or senior employees of mutual funds at the
whether such conflict of interest hindered Wall expense of ordinary individual investors; and
Street’s ability to call attention to Enron’s prob- excessive fees and compensation enrich the
lems sooner (Gasparion & Hamburger, 2002). fund managers and directors and deduct the
Many of FDA advisers hired to advise the value of common investors.
government on the safety and effectiveness An auditor’s dual role of both auditing for
of medicine have financial relationships with the company and advising top executives’ per-
the pharmaceutical companies whose drug is sonal financials makes people questions whether
under consideration or to a company that sells the auditing is compromise by auditor’s desire
a competing drug. to keep the executives happy.
Enron’s executives were operating under Major credit-rating agencies like Moody’s
conflict of interest when they set up a LJM2 receive the bulk of their revenues by collect-
partnership to keep debts and losses out of ing ratings and consulting fees from the very
company’s balance sheet and later profited from companies whose debt they evaluate.
selling of company stocks before they plunged. A House bill received criticism because
it allows banks to both administer 401(k) pro-
Organizational Conflict grams and sell investment advice to workers.
of Interest Cases LVMH, a French luxury-goods group
raised conflict of interest charges with Morgan
Stock analysts on Wall Street have been charged Stanley. LVMH alleged that Morgan Stanley’s
with misleading investors by hyping stocks to London-based luxury-goods industry analyst,
win investment banking businesses. Their ad- Claire Kent, had gone out of her way to cast
vice is allegedly tainted by conflict of interest. LVHM in a bad light in her research reports
Major companies like Merrill Lynch, Morgan from 1999 to 2002 to curry favor with Morgan
Stanley, Citigroup, etc. are involved. Under the Stanley investment-banking client Gucci Group
investigation led by New York attorney general NV which were locked in an acrimonious
Eliot Spitzer, a final settlement was reached takeover battle with LVMH during most of
April 28, 2002. The settlement included a record that period. LVMH’s allegations are based on
$1.4 billion in fined paid by 10 of the nation’s sentences plucked from the research reports
largest securities firms, the lifetime ban of (Carreyrou, 2003).
two high-profile analysts and new rules to put It is a conflict of interest that the same
distance between analysts and their investment attorney represents many of the plaintiffs in
banking colleagues (Morgenson & McGeehan, the June 24 crash in Terrell who are seeking
2002; Knowledge@Wharton, 2003a; Smith, damages from a limited fund. In this case the
Craig et al., 2003) Judge rejects $5.6 million for church bus crash
Recently there has been a surge of scandals victims due to conflicts of interest. There were
in the mutual fund industry, including the so- two conflicts pointed out in the settlement:

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
8 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

many of the plaintiffs are represented by the in government and professions alike is often to
same attorney, and parents of the children killed tap into and rely on the agents’ discretion and
or injured in the June 24 crash are represented expertise (Sharma, 1997).
by the same attorney. While the court may Therefore, we can say that delegation of
determine ultimately that the agreement is in authority and resources / agency relationship
the best interests of the minors, a conflict of has the potential to create a conflict of interest
interest exists between parents who are seeking between the agent and the principal: agents
damages from a limited fund both individually may use their discretion as representatives to
and separate on behalf of their minor children. enhance their own benefits associated with
(Newswire, 2003). their personal or some other professional or
Hospitals in the New York area may be financial network and deviate from wholly
overpaying millions for medical supplies be- fulfilling the contractual obligations to the
cause their trade group, the Greater New York principal (Kosnik & Shapiro, 1997). That is
Hospital Association, promote a purchasing why conflict of interest is a major issue for
agent, Premier Inc. with financial ties to the officials and professionals, who represent the
group and at least one of its top executives. benefits of others. Reviews of agency theory
can be found in both the economics literature
(Fama, 1980; Jensen & Smith, 1985) and the
A MODEL OF ANTECEDENTS organization literature (Barney & Ouchi, 1986;
AND CONSEQUENCES Perrow, 1986; Eisenhardt, 1989). We have the
following proposition:
Antecedents to Conflict of Interest

After defining and categorizing conflict of Proposition 1: Delegation of authority tends


interest, we are now better equipped to look at to generate conflict of interest.
what are the causes and reactions to conflict of
interest. We argue that there are four antecedents Guanxi and Guanxi Practice
that affect the tendency for conflict of interest to
occur. They are delegation of authority, guanxi However, only delegation of authority is not
and guanxi practice, law & code of ethics, and sufficient to lead to conflict of interest. As we
moral & values. Not only do these antecedents point out above, conflict of interest involves
affect whether conflict of interest tends to occur relationships. For conflict of interest to hap-
or not, they also affect the characteristics of that pen, there have to exist another relationship
conflict of interest. which also has an interest in the decision at
hand which tends to interfere with the proper
Delegation of Authority judgment in making that decision. In this sense,
guanxi and guanxi practice tend to generate
Conflict of interest is a typical problem that conflicts of interest.
arises from the principal agent relationship, In recent years, scholars have suggested the
which is defined as “a contract under which one legitimacy of guanxi as a theoretical construct
or more persons (the principals) engage another (King, 1991; Bian, 1997; Tsui & Farh, 1997;
person (the agent) to perform some service on Lin, 2001). Guanxi in general refers to a state
their behalf which involves delegating some in which two or more entities are connected.
decision-making authority to the agent” (Jensen What is distinctive about guanxi from general
& Meckling, 1976). In a principal agent relation- networks is that guanxi networks are more
ship, because of the asymmetric information, the likely to be structured in a dyadic fashion.
principal cannot always observe agents’ actions. Most guanxi scholars view guanxi networks
On the contrary, the essence of that relationship as ego-centered webs of multiple dyads where

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 9

everybody else is connected to the self, rather but rather the wrong kind of outside interest; the
than networks with inter-connected nodes where governing principle is objective in a mechanical
everybody is connected to everybody else (Chen way (Manning, 1964). Appendix 1 illustrates
& Meindl, 2003; Fei, 1992/1947). This web of some of the conflict-of-interest related United
dyadic personal or other relationship is often States code regarding government officers and
the source of conflict of interest in organiza- employees.
tions, for example, there might be the problem Some large organizations have their own
of guanxi favoritism when supervisors give code of ethics. In Appendix 2, we give the part
preferential treatment to some subordinates on of code of ethics from USOC (United States
the basis of personal relationships rather than Olympic Committee) governing conflict of
neutral criteria. interest. In Appendix 3, we give GE (General
Not only does guanxi tends to be the source Electric)’s policy regarding conflict of interest.
of conflict of interest, the associated guanxi
practice also tends to further generate conflict Proposition 3: The scope of law and ethics
of interest. The difference between guanxi and code will affect the tendency to engage in
guanxi practice is that guanxi is the existence conflict of interest and characteristics of
of relationships while guanxi practice is the the conflict of interest.
building of guanxi through exchange of gifts,
favors (Yang, 1997; Guthrie, 1998). It has been Moral and Values
found that the way people go about building
Guanxi is mainly through exchanging favors Law and code of ethics can only cover a small
(Chen & Meindl, 2003; Hwang, 1984; Kipnis, percentage of conflict of interest. For the vast
1997; Tsui & Farh, 1997; Bell, 2000). Guanxi majority of conflict of interest, moral & values
practice tends to generate conflict of inter- come to a larger play. For example, bribes seem
est in organizations, since favor exchanges to be less common in the United States, and
bring about competing interests when making some of the reasons cited for that are people
decisions involving organizational resources. in the United States have a healthy distaste for
Therefore, we have the proposition: that type of thing. Americans tend to engage in
more subtle types of conflict of interest than the
Proposition 2: Guanxi and guanxi practice tend developing countries (Stark, 2000).
to generate conflict of interest. Currently there has been much meditation
on what have caused the recent corporate scan-
Law and Code of Ethics dals from the moral and values side. It seems
that the predominant moral & values of people
Over the years, certain governmental law & do play a role. There is a current trend that
organizational code of ethics have evolved people want to push business practices to the
governing the conflict of interest. Law & code limit of law and regulations. What is more, there
of ethics stipulate what forms of conflict of is a mentality among wealthy, high-positioned
interest are to be prohibited, discouraged, or people that they are such high performers that
disclosed. Therefore, they affect whether and they are entitled to just about anything and they
what conflicts of interest are likely to occur. always feel underpaid. Therefore, we have the
Although conflict of interest is not wrong following proposition:
in itself, since it is impossible to assess whether
judgment is impaired or decision biased, United Proposition 4: The moral & values will affect
States law has come to eschew the subjective the tendency to engage in conflict of inter-
approach and adopt an objective one. In conflict
of interest law subjective intent is not important

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
10 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

est and the characteristics of that conflict Exchange Value


of interest.
The value of exchange involved in a conflict
Consequences to of interest has an effect on the potential for
Conflict of Interest impaired judgment and biased decision. In order
for the bribery offer to create a conflict of inter-
We identify three characteristics of a conflict est, the offer must be sufficiently large to tempt
of interest, and these are the network strength, the officer to ignore his duties (Carson, 1994).
exchange value, and transparency of conflict. The following is an example that shows the
These characteristics in turn affect the conse- effect of exchange value on people’s percep-
quences of conflict of interest, which we limit tions. The New England Journal of Medicine is
in this study to people’s reactions to the conflict loosening its longstanding conflict-of-interest
of interest. Conflict of interest has consequences rules. Previous policy stated that the authors
for organizations in that it generates perceptions of review articles and editorials “will not have
that judgment is impaired and decision is biased. any financial interest in a company (or its com-
petitor) that makes a product discussed in the
Network Strength article.” Now the policy has been changed to
read that the authors of these articles will not
Network strength has an important effect on have any “significant” financial ties to private
the potential for impaired judgment and biased companies that might stand to gain from a
decision. It is found that people will perceive review article in the Journal.
decisions to be less fair when the decision is Behind the decision is the understanding
favored for a family member than for a friend that not all financial associations have the
or acquaintance (Chen et al., 2002). same consequences. And the editors base their
Because of the importance of network definition of “significant financial interest” on
strength in determining the potential conse- guidelines issued by the US National Institutes
quences, conflict of interest law & code of ethics of Health and the Association of American
distinguish clearly among different networks Medical Colleges, which set the amount at
and puts most emphasis on strong networks. $10,000 in any given year.
Conflict of interest law and ethics code is the
strictest for family members. Virtually all ju-
Proposition 6: The exchange value in a con-
risdictions require officials to disclose assets
flict of interest is positively related with
held by spouses – including spouses’ financial
people’s perception of impaired judgment
portfolios, jobs, gifts, and other sources of
and biased decision.
remuneration. Regarding relatives, everything
can be said of spouses applies, depending on the
particular conflict-of-interest regime, to minor Interaction Between Network
children and perhaps other close relatives (Stark, Strength and Exchange Value
2000). For friends, things are much different:
Network strength moderates the effect of
there are no such overwhelming disclosure
exchange value on the reactions to conflict
requirements and it is often dealt with on a
of interest. For example, receiving gifts from
case-by-case manner when problems emerge.
strangers is considered to make the gift recipi-
ent beholden to the gift sender while receiving
Proposition 5: The network strength in a con- gifts from friends is not. When facing the al-
flict of interest is positively related with legations that her receiving help from Arkansas
people’s perception of impaired judgment attorney James Blair might impair Bill Clinton’s
and biased decision. judgment as Arkansas governor, one of Hillary
Clinton’s counterarguments is that James Blair

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 11

is their best friend and thus Bill Clinton won’t disclose the conflict of interest, or to manage
be beholden to the gift sender. Therefore, we the conflict of interest. In this article we have
have the following propositions (Stark, 2000), defined and clarified the meaning of conflict
and Figure 2 graphs the moderating effect of of interest, categorized it according to the
network strength on exchange value. relationships that cause it, and come up with a
model of the causes and people’s reactions to
Proposition 7a: When the network strength conflict of interest. This study also has practi-
in the conflict of interest is low, the ex- cal implications.
change value has a large effect in affecting To avoid the conflict of interest, we can
whether people perceive the judgment to focus on controlling the identified antecedents
be impaired and decision biased. for conflict of interest, namely, delegation of
Proposition 7b: When the network strength in authority, guanxi and guanxi practice, law and
the conflict of interest is high, exchange ethics code, and moral & values. However, given
value has little or no effect in affecting that conflict of interest is often hard to avoid,
whether people perceive the judgment to we may need to focus on manage the conflict
be impaired and decision biased. of interest. We have seen that there are three
factors that affect people’s reactions to a conflict
Transparency of Conflict of interest: exchange value, network strength,
and transparency of conflict. These are the
The transparency of the conflict of interest is an things that we can aim to control for in order to
important factor in affecting its consequences. control the reactions to the conflict of interest.
From procedural justice research, transparency Knowing the antecedents, the characteristics,
is a critical part of procedural justice. Transpar- and the consequences of conflicts of interest
ency of the conflict of interest is believed to allow us to come up with more sophisticated
prevent deception and gives those relying on and practical control mechanisms.
P’s judgment the opportunity to give informed The study of conflict of interest is an im-
consent to the conflict of interest, to replace portant topic yet has not been studied enough
P instead of continuing to rely on him, or to in organization research. Studying conflict
adjust reliance in some less radical way (e.g. of interest also contributes to several related
by seeking a “second opinion”). research streams of organizations including
social networks, procedural justice, ethics, and
Proposition 8: The transparency of conflict in corporate governance.
a conflict of interest is positively related to Conflict of interest is closely related to so-
people’s perception of impaired judgment cial networks. Social networks play an important
and biased decision. role in business, politics, and society, and it is
important to distinguish normal and productive
networking with the kind of networking that
CONCLUSION leads to conflict of interest. Especially, conflict
of interest is closely associated with the dyadic
Conflict of interest is everywhere. A conflict guanxi. As we have mentioned previously, it
of interest is like dirt in a sensitive gauge. All is important to balance between the benefits
gauges contain some dirt, the omnipresent of networking and guanxi building with the
particles that float in the air (Davis and Stark downside of the associated conflict of interest.
2001). Therefore, it is impossible to solve the Conflict of interest is closely related to
problem by totally banning conflict of interest. procedural justice. Conflict of interest violates
Therefore, we have to distinguish different procedural justice because neutrality is a key
conflicts of interest and decide which solutions component of procedural justice. In Leventhal’s
to adopt: to avoid the conflict of interest, to theory (Leventhal, Karuza et al., 1980; Lind &

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
12 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

Tyler, 1988), in resource allocation and other Chen, C. C., & Meindl, J. (2003). A critical analysis
decisions, one of the six proposed procedural of Guanxi and its functionality in organizations.
justice rules is the bias suppression rule. Davis, M., & Stark, A. (Eds.). (2001). Conflict of
Conflict of interest is much related to cor- interest in the professions. Oxford, New York: Oxford
porate governance since it inherently involves University Press.
different interests. Conflict of interest with Eisenhardt, K. M. (1989). Agency theory: An assess-
regards to board of directors’ bias towards the ment and review. Academy of Management Review,
CEO has been a serious and persistent issue 14(1), 57–74.
and has been reflected in many prominent is- Fama, E. F. (1980). Agency problems and the theory
sues such as CEO compensation (Hall & Ko, of the firm. Journal of Political Economy, 88(2),
2014). After the deluge of corporate scandals 288307. doi:10.1086/260866
such as Enron, corporate governance has been
Fei, X. T. (1992). From the soil: The foundations of
a focus of scholars and popular press alike. Chinese society. Berkeley: University of California
This article contributes to the dialog on how Press. (Original work published 1947)
to improve corporate governance.
Ferguson, E. (1960). Conflict of interest and federal
Last but not least, conflict of interest is also
service. Indiana Law Journal (Indianapolis, Ind.).
an ethics issue. Ethics is a pretty broad domain
that is hard to regulate but can be influenced. Gasparion, C., & Hamburger, T. (2002, March 2).
Within it, some conflicts of interest can be gov- Accounting industry fights calls for ‘audit only’
rules - Congress broadens probe of Enron fall to
erned legally (discussions of conflict of interest Wall Street firms. Wall Street Journal, C1.
can be found in (York, 1960; Manning, 1964));
while the remaining conflicts of interest have Guthrie, D. (1998). The declining significance
to depend on people’s moral sense and values. of guanxi in China’s economic transition. The
China Quarterly, 54, 254–282. doi:10.1017/
S0305741000002034

REFERENCES Hall, O. P. Jr, & Ko, K. (2014). Determinates of


executive compensation: A hierarchical linear
modeling approach. [IJKBO]. International Journal
American Bar Association. (1970). Model code of
of Knowledge-Based Organizations, 4(2), 53–63.
professional responsibility.
doi:10.4018/ijkbo.2014040104
Barney, J., & Ouchi, W. (Eds.). (1986). Organiza-
Hayward, M. L. A., & Boeker, W. (1998). Power and
tional economics. San Francisco: Jossey-Bass.
conflicts of interest in professional firms: Evidence
Bell, D. (2000). Guanxi, a nesting of groups. Current from investment banking. Administrative Science
Anthropology, 99(1), 132–138. doi:10.1086/300113 Quarterly, 43(1), 1–22. doi:10.2307/2393589
PMID:10593734
Hwang, K. K. (1984). Face and favor: The Chinese
Bian, Y. (1997). Bring strong ties back in: Indirect power game. American Journal of Sociology, 92(4),
ties, network bridges, and job searches in China. 944–974. doi:10.1086/228588
American Sociological Review, 62(3), 366–385.
Jensen, M. C., & Meckling, W. H. (1976). Theory
doi:10.2307/2657311
of the firm: Managerial behavior, agency costs and
Carreyrou, J. (2003, May 27). Morgan Stanley denies ownership structure. Journal of Financial Economics,
conflicts in LVMH lawsuit over research. Wall Street 3(4), 305–360. doi:10.1016/0304-405X(76)90026-X
Journal, C13.
Jensen, M. C., & Smith, C. (1985). Recent advances
Carson, T. L. (1994). Conflicts of interest. Journal in corporate finance (E. I. Altman & M. G. Subrah-
of Business Ethics, 13(5), 387–404. doi:10.1007/ manyam, Eds.). Homewood, IL: Irwin.
BF00871766
King, A. Y. (1991). Kuan-hsi and network building:
Chen, C. C., Chen, Y.-R., et al. (2002). The down- A sociological interpretation. Daedalus, 120, 63–84.
side of managerial guanxi practice in the People’s
Republic of China: A procedural justice perspective.

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 13

Kipnis, A. B. (1997). Producing guanxi: Sentiment, Morgenson, G. (2002, September 22). In a broker’s
self, and subculture in a north China village. Duke notes, trouble for Salomon. New York Times, 3-1.
University Press.
Morgenson, G., & McGeehan, P. (2002, December
Knowledge@Wharton (2003a). Do the Wall Street 20). Wall Street firms are ready to pay $1 billion in
settlement sell some investors short? Wharton School, fines. New York Times.
University of Pennsylvania, PA.
Neris, V. P. A., Almeida, L. D. A., de Miranda, L. C.,
Knowledge@Wharton (2003b). Why smart people Hayashi, E. C. S., & Baranauskas, M. C. C. (2011).
do unethical things: What’s behind another year of Collective construction of meaning and system for
corporate scandals. Wharton School, University of an inclusive social network. International Journal of
Pennsylvania, PA. Information Systems and Social Change, 2(3), 16–35.
Kosnik, R. D., & Shapiro, D. L. (1997). Agency Newswire, A. P. (2003, April 22). Judge rejects $5.6
conflicts between investment banks and corporate million for church bus crash victims.
clients in merger and acquisition transactions: Causes
and remedies. The Academy of Management Execu- Perrow, C. (1961). Organizational prestige: Some
tive, 11(1), 7–20. functions and dysfunctions. American Journal of
Sociology, 66(4), 335–341. doi:10.1086/222899
Leventhal, G. S., & Karuza, J. et al. (1980). In G.
Mikula (Ed.), Justice and social interaction (pp. Perrow, C. (1986). Complex organizations: A critical
167–218). New York: Springer-Verlag. essay. New York: Random House.

Lin, N. (2001). The Chinese triangle of mainland, Poser, N. S. (1988). Chinese wall or emperor’s new
Taiwan, and Hong Kong: Comparative institutional clothes? Regulating conflicts of interest of securities
analysis (A. So, N. Lin, & D. Poston, Eds.). Westport, firms in the US and the UK. Michigan Yearbook of
CT: Greenwood. International Legal Studies, 9, 91–103.

Lind, E. A., & Tyler, T. (1988). The social psychol- Revell, J. (2003, May 26). First rating ruckus: Are
ogy of procedural justice. New York: Plenum. credit-rating agencies trying to serve too many
doi:10.1007/978-1-4899-2115-4 masters? Fortune, 44.

Lindsay, D. (1989). Finance statements users’ per- Romero, S., & Fernandez-Feijoo, B. (2013). Effect
ceptions of factors affecting the ability of auditors to of Hofstede’s cultural differences in corporate social
resist client pressure in a conflict situation. Account- responsibility disclosure. International Journal of
ing and Finance, 29(2), 1–18. doi:10.1111/j.1467- Information Systems and Social Change, 4(1), 68–84.
629X.1989.tb00098.x doi:10.4018/jissc.2013010105

Luebke, N. R. (1987). Conflict of interest as a moral Rose-Ackerman, S. (1999). Corruption and gov-
category. Business and Professional Ethics, 6(1), ernment: causes, consequences, and reform. Cam-
66–81. doi:10.5840/bpej1987617 bridge: Cambridge University Press. doi:10.1017/
CBO9781139175098
Manning, B. (1964). Federal conflict of interest
law. Cambridge, Mass.: Harvard University Press. Sandomir, R. (2003, July 16). The Senate introduces
doi:10.4159/harvard.9780674421875 a bill to restructure the USOC. New York Times.

Manning, B. (1964). The purity potlatch: An essay Sandomir, R. (2003, February 9). Olympic committee
on conflict of interest, American government, and chief loses his bonus. New York Times, 8-2.
moral escalation. Federal Bar Journal, 24, 252–253. Sharma, A. (1997). Professional as agent: Knowl-
Maremont, M. (2002, January 29). Tyco discloses it edge asymmetry in agency exchange. Academy of
paid director on merger deal. Wall Street Journal, A3. Management Journal, 22, 758–798.

McMunigal, K. (1992). Rethinking attorney conflict Short, H., & Keasey, K. (1996). Corporate gover-
of interest doctrine. Georgia Journal of Legal Eth- nance: responsibilities, risk and remuneration. K.
ics, 5, 823–877. Keasey and M. Wright. England: John Wiley & Sons.

Meier, B., & Walsh, M. W. (2002, May 1). Senate Smith, R., Craig, S., et al. (2003, April 29). Wall
panel criticizes hospital buying group. New York Street firms to pay $1.4 billion to end inquiry -- record
Times, C1. payment settles conflict-of-interest charges; dozens
of new examples. Wall Street Journal, A1.

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
14 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

Stark, A. (2000). Conflict of interest in American Yang, C. F. (1997). Informal politics in east Asia (L.
public life. Cambridge: Harvard University Press. Dittmer, H. Fukui, & P. N. S. Lee, Eds.). New York:
Cambridge University Press.
Stark, A. (2002, February 17). The new conflict of
interest: Much harder to understand. The Washington Zhang, Y., Wang, Y., Colucci, W., & Wang, Z. (2011).
Post, B01. The paradigm shift in organizational research. Inter-
national Journal of Knowledge-Based Organizations,
Tomasic, R. (1991). Chinese walls, legal principle 1(2), 57–70. doi:10.4018/ijkbo.2011040104
and commercial reality in multi-service professional
firms. The University of New South Wales Law Jour- Zhang, Y., Xing, R., & Wang, Z. (2011). A broken
nal, 14, 46–72. supply and social Chain: Anatomy of the downfall
of an industrial icon. International Journal of In-
Tsui, A. S., & Farh, J. L. (1997). Where guanxi formation Systems and Social Change, 2(2), 55–65.
matters: Relational demography and guanxi in the doi:10.4018/jissc.2011040104
Chinese context. Work and Occupations, 24(1),
56–79. doi:10.1177/0730888497024001005

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 15

Yanli Zhang is currently an associate professor in the Management Department at Montclair State Uni-
versity. Her areas of research are in strategic management, international business, innovation and entre-
preneurship. She has won many awards including the Doug Nigh Most Innovative Paper Award and Best
Paper Award at the Academy of Management Annual Conference for her research that sheds light on how
firms use networks to gain knowledge and build innovative capabilities. She has published extensively in
academic journals and presented at many conferences. She was the Globalization Track Chair for IEEE
International Technology Management Conference in 2012. Dr. Zhang has a Ph.D. in Management and
MBA from Rutgers University, and BA in Economics from Beijing University. Before academia, she spent
several years working as a management consultant in Accenture, Beijing office, helping both multination-
als and domestic Chinese companies with their market and growth strategies. She had also worked at the
Ministry of Foreign Affairs US Division and Lenovo Strategic Planning department before that.
Jeffrey Hsu is a professor of information systems at the Silberman College of Business, Fairleigh Dick-
inson University. He is the author of numerous papers, chapters, and books, and has previous business
experience in the software, telecommunications, and financial industries. His research interests include
human-computer interaction, e-commerce, IS education, and mobile/ubiquitous computing. He is Editor
in Chief of the International Journal of Cyber Ethics in Education (IJCEE), and Co-Editor in Chief of
the International Journal of e-Business Research (IJEBR). Dr. Hsu also serves as Regional Editor-North
America for The Learning Organization (TLO), as Managing Editor of the International Journal of Data
Analysis and Information Systems (IJDAIS), and is on the editorial board of several other journals. Dr.
Hsu received his Ph.D. in Information Systems from Rutgers University, a M.S. in Computer Science from
the New Jersey Institute of Technology, and an M.B.A. from the Rutgers Graduate School of Management.
Ruben Xing is currently a professor at the department of Information and Operation Management, School
of Business, Montclair State University. Professor Xing received his PhD and the double Master degrees
from Columbia University, New York in 1992. Having worked for more than 15 years in Wall Street, Dr.
Xing has held senior IT management positions at several large financial conglomerates. He was a Vice
President at Global E-Strategy Department of Citigroup, Assistant Vice President at Merrill Lynch, a Senior
Information System Manager at Credit Suisse in metropolitan New York. He has been a topic speaker at
Wall Street Executives Strategic Development Forum for many years to date. Dr. Xing is also a lecturing
scholar and a keynote speaker for several international universities and conferences. He has been a listed
scholar by “Top 100 Leaders of US Business Magazine of 2012”, “US Who’s Who” since 2002. Dr. Xing’s
current research interests include Emerging Technology & Business Intelligence Development, Cloud and
Mobile Computing with Information Security, Supply Chain with Business Continuity and Disaster Recover
Planning, Green IT with Global Ecological and Social Issues.
Wencang Zhou is an assistant professor of management in the Department of Management at Montclair
State University. His primary research interests reside in the organizational behavior perspective of
entrepreneurship, groups and teams, cross cultural management as well as research methodology. Dr.
Zhou received his Ph.D. in Business from the City University of New York in 2012, with a concentration
in Organizational Behavior. Prior to joining the doctoral program at Baruch College, CUNY, he got his
Master in Management from Fudan University and B.S. degree from Peking University and worked in
banking industry for seven years.

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
16 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

APPENDIX 1

Excerpts Regarding Conflict of Interest


From United States Executive Order No. 12674
Principles of Ethical Conduct for Government Officers and Employees

Part I – Principles of Ethical Conduct
Section 101. Principles of Ethical Conduct

(b) Employees shall not hold financial interests that conflict with the conscientious performance
of duty.
(c) Employees shall not engage in financial transactions using nonpublic Government informa-
tion or allow the improper use of such information to further any private interest.
(d) An employee shall not, except pursuant o such reasonable exceptions as are provided by regu-
lation, solicit or accept any gift or other item of financial value from any person or entity seeking
official action from, doing business with or conducting activities regulated by the employee’s
agency, or whose interests may be substantially affected by the performance or nonperformance
of the employee’s duties.

(h) Employees shall act impartially and not give preferential treatment to any private organiza-
tion or individual.

(j) Employees shall not engage in outside employment or activities, including seeking or ne-
gotiating for employment, that conflict with official Government duties and responsibilities.

Section 102. Limitations on Outside Earned Income
(a) No employee who is appointed by the President to a full-time noncareer position in the ex-
ecutive branch (including full-time noncareer employees in the White House Office, the Office
of Policy Development, and the Office of Cabinet Affairs), shall receive any earned income fro
any outside employment or activity performed during that Presidential appointment.

Source: United States Code Annotated Title 5 Government Organization and Employees 7301
nt. (p. 170)

APPENDIX 2

USOC Code of Ethics Regarding Conflict of Interest

These principles provide a framework of integrity for interactions with or on behalf of the USOC.
However, given the unique makeup of the USOC family, more in depth questions may arise
regarding conflicts of interest. For this reason the following guidance is provided:
• The USOC defines a conflict of interest as any personal or financial relationship that could
influence or be perceived to influence your objectivity when representing or conducting business
for, or on behalf of the USOC.

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015 17

For example if (1) personal or financial interests exist with any person or concern with whom
the USOC has a business or other relationship and (2) the other relationship or interest could
influence or be perceived to influence the objectivity of your decisions, you must:
1. Disclose the interest to the Chief Compliance Officer, who shall have the authority to
either (a) approve the relationship, or (b) refer the matter to the Ethics Oversight Committee for
further consideration; and
2. Excuse yourself from any formal or informal discussions related to the relationship be-
tween the USOC and the person or concern; and
3. Abstain from voting and from seeking to influence the vote on any matter related to the
person or concern.
Inappropriate hospitality or gift giving between individuals can also create a conflict of interest.
• The USOC defines inappropriate hospitality as the offering or receiving of accommodations,
tours, event tickets, entertainment, meals or other similar personal benefits except as specifically
provided for by applicable policies.
Similarly, the USOC prohibits the receipt or giving of personal gifts except for items of
nominal value such as coffee mugs, hats, pins, etc. unless specifically provided for by applicable
policies.
Questions regarding the application of the USOC’s hospitality and gift policies must be
addressed to the Chief Compliance Officer.
Source: http://www.olympic-usa.org/about_us/documents/ethics.htm

APPENDIX 3

Excerpts from GE (General Electric) Integrity Policy

Regarding Conflict of Interest


Protecting GE assets

We have a fundamental obligation to make sound business decisions on behalf of our com-
pany that are undistorted by our individual family, financial or other interests.
Conflict of Interest Policy Overview
GE recognizes and respects that employees may take part in legitimate financial, business
and other activities outside their jobs. However, those activities must be lawful and free of con-
flicts with their responsibilities as GE employees.
Employees must not misuse GE resources or influence, or discredit GE’s good name and
reputation. The effectiveness of this policy depends in large part on the cooperation of all
employees in disclosing any situations that may be contrary to the intent of the policy and the
ethical standards that it expresses.

Core Requirements

• Disclose your outside activities, financial interests or relationships that may present a possible
conflict of interest or the appearance of a conflict. Make your disclosures in writing to your
manager as well as to company legal counsel or your business’ finance manager.
• In addition to complying with the law and GE policies, exercise your own good judgment
in all personal and business dealings outside your GE job.

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.
18 International Journal of Knowledge-Based Organizations, 5(2), 1-18, April-June 2015

• Avoid actions or relationships which might conflict or appear to conflict with your job
responsibilities or the interests of GE.
• Do not misuse GE resources, intellectual property, time or facilities (including office
equipment, e-mail, and computer applications).
• Obtain necessary approvals before accepting any position as an officer or director of an
outside business concern.
• Obtain the approval of your manager when accepting a board position with a not-for-
profit entity, when there may be a GE business relationship with the entity or an expectation of
financial or other support from GE.

What GE Employees Are Urged to Watch For


• Holding a financial interest in a company where you could personally affect GE business with
that company.
• Taking a part-time job where you may be tempted to spend time on that job during your
normal GE working hours or to use GE equipment or materials.
• Receiving gifts of greater than nominal value from suppliers, customers or competitors
while you are in a position to influence GE decisions that might affect or appear to affect the
outside concern.
• Receiving personal discounts or other benefits from suppliers, service providers or custom-
ers not available to the general public or similarly situated GE employees
• Accepting an offer to purchase “friends and family stock” in a company issuing shares
through an initial public offering (IPO) if you interface with that company in your GE business
activities.
• Directing business to a supplier that is owned or managed by a relative or close friend.
• Misusing GE resources, your position or influence to promote or assist an outside business
or not-for-profit activity.
• Preferential hiring of, direct supervision of, or making a promotion decision about a spouse,
relative or close personal friend.
• A romantic or other personal relationship that may create a conflict of interest with the
employee’s GE responsibilities or compromise company interests.
Source: GE Integrity Policy
http://www.ge.com/en/microsite/commitment/social/integrity/conflicts.htm

Copyright © 2015, IGI Global. Copying or distributing in print or electronic forms without written permission of IGI Global is prohibited.

You might also like