Harry markham's loyalty dilemma

The Case This case was developed by the MIT Sloan School of Management. It is part of their “Learning Edge,” a free learning resource. This case was prepared by John Minahan and Cate Reavis. This case is based on actual events. Actual names are changed; some of the narrative is fictional. In early 2012, as he prepared to enter a meeting with the board of trustees of a state pension fund, Harry Markham, CFA, couldn't help but feel professionally conflicted. Since earning his Master of Finance in 2004 at one of the top business schools in the United States, Markham had worked for Investment Consulting Associates (ICA), a firm that gave investment advice to pension funds. Since joining the firm, Markham had grown increasingly concerned over how public sector pension fund liabilities were being valued. If he valued the liabilities using the valuation and financial analysis principles he learned in his Master of Finance and CFA programs, he would get numbers almost twice as high as those reported by the funds. This would not be such a problem if he were allowed to make adjustments to the official numbers, but neither his clients nor his firm was interested in questioning them. The board did not want to hear that the fund's liabilities were much larger than the number being captured by the Government Accounting Standards Board (GASB) rules and his firm wanted to keep the board of trustees happy. How, Markham wondered, was he supposed to give sound investment advice to state treasurers and boards of trustees working from financials that he knew were grossly misleading? Markham's dilemma came down to conflicting loyalties: loyalty to his firm, loyalty to the boards of trustees and others who made investment decisions for public pensions and who, in turn, hired his firm to provide investment expertise, and loyalty to the pensioners themselves, as Markham believed was called for by the CFA Code of Ethics and Standards of Professional Conduct. In his role as investment advisor, the differing views on how to value pension liabilities challenged Markham on both a practical and an ethical level. "My role is not to decide the value of liabilities," he explained. That is the actuary's job. My role is to give investment advice. However, as an investment advisor, the first thing you want to understand is the client's circumstances. That is a basic ethical precept. The CFA professional standards say you should never give advice without knowing what your client's circumstances are. And so what happens is that we have these funds that are grossly short of money, but the accounting does not show them as being grossly short of money. I make the case within my firm that we need to know where we are starting before we give advice. And perhaps our advice would be different if the client knew they were starting from a multi-billion-dollar hole that they're seemingly not aware of. In addition to the fact that Markham was constrained by not having what he believed were accurate accounting figures to work with, he was also well aware that his clients did not like bad news.