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Tyco Case

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Tyco Case
To: Bill Chernish
From: Andrew Cury
Date: April 20, 2012
Subject: Tyco Case Study

Tyco’s problem was a result of top executives and members of the board not overseeing what was legal and what wasn’t within their company. CEO’s Kozlowski and CFO Swartz failed to disclose millions of dollars of low interest and interest free loans they received from Tyco. The executives unethical behavior resulted in shareholders benefits being written off which ended the company going into a massive debt. The top executives displayed greed for money.
1. What do you think Kozlowski motivation for trying to avoid sales taxes on his art purchases was?
Kozlowski motivation was power and greed for money. Kozlowski knew that he was in a top position of authority, and most likely believed that no one was going to question his position or the wrong things that he was becoming involved in. There was also no real accountability present or loyalty to Tyco. Kozlowski realized that if he purchased the artwork with Tyco funds and then falsified the records, then he wouldn’t have to pay the taxes out of his own pocket and took a great risk that no one would find out. He abused Tyco's assets for his own monetary gain.
2. Explain the concept of commingling assets with respect to the Tyco case
Commingling assets is and is the act of mixing the funds belonging to one party with those of another party, especially when one party has responsibility to keep the funds separate for the other party. Tyco used this as a way to go around the system for its on personal gains, hiding the true intentions of its executives. Commingling personal with business assets is overall a poor business decision. The executives treated the company’s money as if it were your own. Also, the executives used Tyco’s business assets for their own personal gain by purchasing artwork, multiple real estate properties, jewelry, and other costly items for personal use. By commingling assets, the executives caused

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