The Tragedy of Downey Financial: A Classic Example of the Seven Signs of Ethical Collapse

Downey Financial was a beacon of hope during the first savings and loan crisis that we lived through during the early 1990s.  Downey avoided the temptations of that cycle by not engaging in the accounting skullduggery of loan rollovers, not using artificially high appraisals, and not falling into the easy money of high-risk loans during a real estate market that knew no direction but up.  Now the company’s stock is down 90% this year and the Office of Thrift Supervision has not minced words in its directions to Downey: get some cash and strengthen management.  The company’s founder and controlling shareholder, Maurice McAllister, 83, was an icon for both his long-term success at Downey, founded right after World War II, and his reputation in the community.  But, Mr. McAllister also fell into one of the seven signs traps:  an iconic leader with direct-reports a full generation younger who are often related.  Charles Keating with his American Continental Corporation, The Rigas family and its management of Adelphia . . . Dennis Kozlowski at Tyco (“I hire them just like me.  Smart, poor and wants to be rich.”), Sam Eichenfeld at Finova, Bernie Ebbers at WorldCom, and the list goes on.  When you have an iconic CEO, you need strong and experienced business people to rein in a CEO who may carry a self-perception of infallability.  Dan Rosenthal, the only executive at Downey to stay as long as “Mac,” was his former son-in-law.  According to a former board member, Downey hired who “Mac wants.” Strong, professional management might have stopped Downey’s march into ARMs, mortgage loans with low initial payments that proved tempting for the credit weak.  In fact, the borrowers often chose their own intial payments, not really understanding that they were simply tacking on more interest and growing their mortgages with each passing low-payment month.  ARMs made up 69% of Downey’s portfolio.  Five years ago, regulators and Downey’s board were cautioning Mac, “Reduce the number of ARMs.” When the market crunched, the ARMs were re-adjusted, and the payments upped, the result was that 15% of Downey’s assets are now nonperforming.  Discipline is not always possible when the icon makes the calls with little discussion from direct reports or even its own board.  Downey was predictable — watch the icon, get the icon some advice, get the icon to take the advice, and if the icon resists, position yourself short. 

About mmjdiary

Professor Marianne Jennings is an emeritus professor of legal and ethical studies from the W.P. Carey School of Business at Arizona State University, retiring in 2011 after 35 years of teaching undergraduate and graduate courses in ethics and the legal environment of business. During her tenure at ASU, she served as director of the Joan and David Lincoln Center for Applied Ethics from 1995-1999. In 2006, she was appointed faculty director for the W.P. Carey Executive MBA Program. She has done consulting work for businesses and professional groups including AICPA, Boeing, Dial Corporation, Edward Jones, Mattel, Motorola, CFA Institute, Southern California Edison, the Institute of Internal Auditors, AIMR, DuPont, AES, Blue Cross Blue Shield, Motorola, Hy-Vee Foods, IBM, Bell Helicopter, Amgen, Raytheon, and VIAD. The sixth edition of her textbook, Case Studies in Business Ethics, was published in February 2011. The ninth edition of her textbook, Business: lts Legal, Ethical and Global Environment was published in January 2011. The 23rd edition of her book, Business Law: Principles and Cases, will be published in January 2013. The tenth edition of her book, Real Estate Law, will also be published in January 2013. Her book, A Business Tale: A Story of Ethics, Choices, Success, and a Very Large Rabbit, a fable about business ethics, was chosen by Library Journal in 2004 as its business book of the year. A Business Tale was also a finalist for two other literary awards for 2004. In 2000 her book on corporate governance was published by the New York Times MBA Pocket Series. Her book on long-term success, Building a Business Through Good Times and Bad: Lessons from Fifteen Companies, Each With a Century of Dividends, was published in October 2002 and has been used by Booz, Allen, Hamilton for its work on business longevity. Her latest book, The Seven Signs of Ethical Collapse was published by St. Martin’s Press in July 2006 and has been a finalist for two book awards. Her weekly columns are syndicated around the country, and her work has appeared in the Wall Street Journal, the Chicago Tribune, the New York Times, Washington Post, and the Reader's Digest. A collection of her essays, Nobody Fixes Real Carrot Sticks Anymore, first published in 1994 is still being published. She has been a commentator on business issues on All Things Considered for National Public Radio. She has served on four boards of directors, including Arizona Public Service (1987-2000), Zealous Capital Corporation, and the Center for Children with Chronic Illness and Disability at the University of Minnesota. She was appointed to the board of advisors for the Institute of Nuclear Power Operators in 2004 and served on the board of trustees for Think Arizona, a public policy think tank. She has appeared on CNBC, CBS This Morning, the Today Show, and CBS Evening News. In 2010 she was named one of the Top 100 Thought Leaders in Business Ethics by Trust Across America. Her books have been translated into four different languages. She received the British Emerald award for authoring one of their top 50 articles in management publications, chosen from over 15,000 articles. Personal: Married since 1976 to Terry H. Jennings, Maricopa County Attorney’s Office Deputy County Attorney; five children: Sarah, Sam, and John, and the late Claire and Hannah Jennings.
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