Heads have rolled at makeup supplier Avon, Inc. The FBI and
US prosecutors are investigating allegations that executives at Avon violated
the Foreign Corrupt Practices Act (FCPA). In 2005, while Avon was pursuing a
license in China to conduct door-to-door sales, it is alleged that Avon
executives bribed government officials in China as well as third party
consultants.
China is known for using bribes as a common business
practice. However, in 1977, the US Justice Department enacted FCPA to prevent
companies from using bribes while conducting business abroad. Nevertheless,
since 1977, prosecutors have uncovered more than 40 cases that violated FCPA
which totaled more than $2 billion in criminal penalties. You would think people
have gotten the hint by now.
What is amazing is that in 2005 an internal audit was done
at Avon and questioned several hundred thousands of dollars paid to Chinese
officials. Yet, it took until 2008 when an Avon employee wrote a letter to its
CEO suggesting there may have been inappropriate business practices by Avon
executives. Avon, in turn, conducted an internal investigation without
reporting it to government officials. Now, there are questions as to whether or
not Avon executives concealed the alleged bribes from its board.
This violation is serious. You can be prosecuted for
knowingly ignoring or hiding acts of bribery. As it stands, several Avon executives have been fired,
including 3 in China. The Vice Chairman was fired this past January. In May,
Avon fired the former head of global internal audit and security. The senior
vice president responsible for operations outside the US resigned two days
after being put on leave. And, most unfortunate, Andrea Jung, who has been
esteemed as a great CEO of Avon for the past 12 years will step down as soon as
the board finds her replacement. She will stay on as Chairman.
While you cannot control the behavior of every individual in
a corporation, there are many lessons to be learned from this. First, too many
people live with the philosophy of ‘when in Rome, do as the Romans do.’ In this
case, it would have been more effective to have something the enterprise stands
for. If Avon embraced high integrity in all business practices, this could have
been avoided or at least someone would have come forward before 2008. Standing
for something tends to be more valuable than following what everyone else does.
Second, this is a clear reason for why succession planning
has to be built into an organization’s strategy. In fact, the incumbent CEO
should start succession planning the day he or she becomes CEO.
Third, of the many former CEOs I know from Fortune 1000s,
they all seem to agree that 10 years is enough time for a person to serve as
CEO. Avon’s CEO has been in her position for 12 years. And, because she has no
apparent successor, she was not planning to step down anytime soon. Most
retired CEOs I know feel that after 10 years you get stale. Or worst, you
believe whatever you think is the truth and the people around you are reluctant
to question you.
Without question, Avon has served a great purpose in
society. It has empowered women when there were fewer opportunities for them.
Now it is time for Avon to pay for their sins and usher in a new era of empowerment
with a new and powerful leader.
I welcome your comments below.
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