In It To Win: Jack & Framing

Abramoff’s version of framing, which describes how our judgments, including our ethical judgments, are affected just by how a situation is posed or viewed.

Discussion Questions

1. Can you explain framing in your own words? How does it affect moral decision-making?

2. How does framing apply to Jack Abramoff? What examples from his story can you cite to support your argument?

3. Can you think of an example from your own life where you or someone else fell victim to framing?

4. How might you anticipate and/or mitigate the effects of framing in your own life or decision-making?

Case Studies

Abramoff: Lobbying Congress

On March 29, 2006, former lobbyist Jack Abramoff was sentenced to six years in federal prison after pleading guilty to mail fraud, tax evasion, and conspiracy to bribe public officials. Key to Abramoff’s conviction were his lobbying efforts that began in the 1990s on behalf of Native American tribes seeking to establish gambling on reservations.

In 1996, Abramoff began working for the Mississippi Band of Choctaw Indians. With the help of Republican tax reform advocate Grover Norquist, and his political advocacy group Americans for Tax Reform, Abramoff defeated a Congressional bill that would have taxed Native American casinos. Texas Representative and House Majority Whip Tom DeLay also played a major role in the bill’s defeat. DeLay pushed the agenda of Abramoff’s lobbying clients in exchange for favors from Abramoff.

In 1999, Abramoff similarly lobbied to defeat a bill in the Alabama State Legislature that would have allowed casino-style games on dog racing tracks. This bill would have created competition for his clients’ casino businesses. Republican political activist Ralph Reed, and his political consulting firm Century Strategies, aided the effort by leading a grassroots campaign that rallied Alabama-based Christian organizations to oppose the bill.

As Abramoff’s successes grew, his clients, political contacts, and influence expanded. He hired aides and former staff of members of Congress. In 2001, Abramoff began working with Congressman DeLay’s former communications director, Michael Scanlon, who had formed his own public affairs consulting firm, Capitol Campaign Strategies. The Coushatta Tribe of Louisiana hired Abramoff and Capitol Campaign Strategies to help them renegotiate their gambling agreement with the State of Louisiana. Abramoff, however, did not disclose to the tribe that, in addition to his own consulting fees, he also received a portion of the fees paid to Scanlon’s firm.

In an effort to protect his Coushatta clients in Louisiana from competition by a new casino near Houston, Texas, Abramoff successfully lobbied for a state gambling ban in Texas between 2001 and 2002. Incidental to this ban was the closure of a casino in El Paso, Texas, owned by the Tigua Tribal Nation. The Tigua were another one of Abramoff’s casino clients.

Later in 2002, Abramoff made a pitch to the Tigua to work to oppose the ban for which he had previously lobbied successfully. With the Tigua’s money, Abramoff took Ohio Representative Bob Ney and his staff on a golfing trip to Scotland. Abramoff hoped to convince Ney and his colleagues to slip a provision into an election-reform bill that would grant the Tigua gaming rights. Abramoff’s efforts did not pay off, and the deal he sought fell through, but he did not inform the Tigua of this outcome. Rather, Abramoff continued to give the Tigua hope for the provision’s success, while also continuing to charge them for his and Scanlon’s services. And, in their email exchanges, Abramoff and Scanlon often mocked their tribal clients as “morons” and “monkeys.”

Throughout the course of their work with Native American tribes, Abramoff and Scanlon charged upwards of $66 million. The Coushatta paid over $30 million to protect their casino and to stop competing casinos in Texas. The Tigua paid $4.2 million to try to continue operating their casino in Texas. Abramoff has stated that he donated much of the money he made to charities, schools, and causes he believed in. But he also spent millions of dollars on activities or contributions in connection with politicians and campaigns he sought to influence. Furthermore, he evaded taxes by funneling money through nonprofit organizations with which he partnered.

After his conviction in 2006, Abramoff cooperated in the investigation of his relationships with Congress members, including aides, business associates, government officials, and lawmakers. Representatives DeLay and Ney both stepped down from their positions in Congress. DeLay, who had risen to the rank of House Majority Leader, was charged with money laundering and conspiracy of funneling corporate contributions to state candidates. Ney plead guilty to conspiracy to commit fraud and making false statements. In exchange for gifts, lavish trips, and political donations from Abramoff, DeLay and Ney had used their positions in Congress to grant favors to Abramoff’s clients and lobbying team. Abramoff served three and a half years of a six-year prison term. He was released on December 3, 2010.

Since his release, Abramoff has spoken out against corruption in politics. He has stated that he believed himself to be a “moral lobbyist” and has apologized for his actions. In a 2011 interview, he said, “What’s legal in this system is the problem,” and in his memoir, he wrote, “Unfortunately, I was a miniature version of that system.” But not everyone perceived his redemption as a genuine effort. Tigua tribal leaders said his apologies were too little, too late. Rick Hill, former chairman of the Oneida Nation of Wisconsin, stated, “You look at Jack—though he took money from my elders and our kids, and now he comes here, and he gets to prop himself up, and it’s an acceptable part of [Washington] D.C. culture. He wouldn’t stand a minute on the reservation.”

Others point to the American political system, and see Abramoff as a symptom of broader corruption. Investigative journalist Susan Schmidt stated, “Abramoff couldn’t have flourished if this system, itself, was not corrupt, where the need for money—the members of Congress and their need for money—is so voracious and so huge that they don’t have their guard up.” California Representative Dana Rohrabacher said, “What Jack had been doing was what had been done before. People should pay more attention to the fact that we have got some enormous special interests in this country who are having incredible influences on policy.”

In his memoir, Abramoff reflected on personal and professional reform: “Regardless of my rationalizations, I was the one who didn’t disclose to my clients that there was a conflict of interest… I wasn’t the devil that the media were so quick to create, but neither was I the saint I always hoped to become. …I decided that, in order to move myself close to the angels, I would take what happened in my life, try to learn from it, and use it to educate others.”

Discussion Questions

1. Abramoff had an established set of morals in his personal life, and was deeply religious. He believed he was a ‘moral lobbyist’ who fought hard on behalf of his clients, and he donated much of his proceeds to worthy causes. Do you think the blame of his lobbying tactics primarily lies with Abramoff individually, or with the system within which he operated? Explain.

2. To what degree do you think individuals have a responsibility to act ethically within a corrupt system? How would an individual act ethically in this context?

3. Lobbying is a high-pressure, high-stakes business. Although lobbyists typically try to fly below the radar-screen, sometimes their business is high-profile as well. How might these situational factors affect lobbyists’ ability to act ethically?

4. Why do you think Abramoff and his associates would mock clients who were paying them millions of dollars? How does one rationalize or explain such behavior?

5. Since his release from prison, Abramoff has advocated for political reform, but many do not see his efforts as genuine. Do you agree with the view that Abramoff is a morally bankrupt felon who has no business advocating reform? Or do you agree with the view that Abramoff is a fallible human in a unique position to help us learn from his moral mistakes and reform a broken system? Explain.

6. Many politicians who received contributions from Abramoff or his clients donated portions of the funds they received to charity. Only a small fraction of politicians donated the money to Native American tribes. Do you think politicians who received these funds had a moral obligation to donate their money to Native American tribes? Why or why not? Do you have a different opinion of those who did donate to Native American tribes versus those who didn’t? Explain.

7. If you were hired to lobby on behalf of both the Coushatta’s casino in Louisiana and the Tigua’s casino in Texas, how would you negotiate the potential conflict of interest? Explain.

8. How many basic ethics and behavioral ethics concepts can you identify at work in this case study? Explain and discuss their significance.

9. What legal reforms would you recommend that would make lobbyists more likely to act ethically? Why would you recommend these reforms, and how might you implement them?

Bibliography

Investigating Abramoff – Special Report
http://www.washingtonpost.com/wp-dyn/content/linkset/2005/06/22/LI2005062200936.html

Capitol Punishment: The Hard Truth about Washington Corruption from America’s Most Notorious Lobbyist
http://www.worldcat.org/title/capitol-punishment-the-hard-truth-about-washington-corruption-from-americas-most-notorious-lobbyist/oclc/746839199

How a Lobbyist Stacked the Deck
http://www.washingtonpost.com/wp-dyn/content/article/2005/10/15/AR2005101501539.html

A Jackpot From Indian Gaming Tribes
http://www.washingtonpost.com/wp-dyn/content/article/2006/03/06/AR2006030600702.html

Jack Abramoff Confronted by Native American Tribes
http://www.huffingtonpost.com/2012/03/07/jack-abramoff-native-american-tribes-crimes_n_1326917.html

For Ex-Lobbyist Abramoff, a Multimedia Effort at Redemption
http://www.nytimes.com/2011/11/13/us/jack-abramoff-making-a-multimedia-effort-at-redemption.html?rref=collection%2Ftimestopic%2FAbramoff%2C%20Jack

Abramoff and 4 Others Sued by Tribe Over Casino Closing
http://www.nytimes.com/2006/07/13/us/13tribe.html?rref=collection%2Ftimestopic%2FAbramoff%2C%20Jack

Abramoff Effect: The Smell of Casino Money
http://www.nytimes.com/2006/01/16/opinion/abramoff-effect-the-smell-of-casino-money.html

The Fast Rise and Steep Fall of Jack Abramoff
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/28/AR2005122801588.html

Trial Money Linked to GOP Fundraising
http://www.washingtonpost.com/wp-dyn/articles/A26015-2004Dec25.html

‘Operation Open Doors’
http://www.washingtonpost.com/wp-dyn/articles/A30123-2004Dec2.html

A Lobbyist in Full
http://www.nytimes.com/2005/05/01/magazine/a-lobbyist-in-full.html

Lobbyists, Clients Undeterred by Scandal
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/25/AR2005062500983_pf.html

Lawrence Lessig interviews Jack Abramoff
https://www.youtube.com/watch?v=pkvIS5pZ0eI

Casino Jack and the United States of Money
http://www.worldcat.org/title/casino-jack-and-the-united-states-of-money/oclc/646071490

Heist: Superlobbyist Jack Abramoff, His Republican Allies, and the Buying of Washington
http://www.worldcat.org/title/heist-superlobbyist-jack-abramoff-his-republican-allies-and-the-buying-of-washington/oclc/69241491

Teaching Notes

This video introduces the behavioral ethics concept of framing in the context of the story of former lobbyist and convicted felon Jack Abramoff. During the Bush Administration, Abramoff was the most influential lobbyist in Washington, D.C. He was also at the center of one of the most significant political scandals since Watergate.

Framing describes how our responses to situations, including our ethical judgments, are impacted simply by how those situations may be posed or viewed. For example, people prompted to think of an issue as an ethical issue will tend to make more ethical decisions that people prompted to think of that same issue as a “business” issue. For more details and examples of this concept, watch Framing. To learn about framing effects caused by our own pre-existing points of view, watch Self-serving Bias. To understand how relative tangible and abstract components of a situation impact how we frame that issue, watch Tangible & Abstract.

 The kinds of decision-making errors that are the subject of Jack & Framing and the other five shorts in this video case are the focus of a field of study known as behavioral ethics, which draws upon psychology, cognitive science, evolutionary biology, and related disciplines to determine how and why people make the ethical and unethical decisions that they do.

 This video draws from footage shot at The University of Texas at Austin when Abramoff visited campus to talk about his life and corrupt lobbying in Washington, D.C. It is part of a video case that includes a 25-minute documentary, In It to Win: The Jack Abramoff Story, six short videos that focus on specific behavioral ethics biases illustrated by Abramoff’s story, and a written case study. The documentary exposes personal and systemic ethical concerns in government and illustrates how well intentioned people can make serious ethical errors—and even commit crimes.

To learn more about the scandal that ended Abramoff’s lobbying career, read the case study on this page. For a case study on framing in business, read “Selling Enron,” which illustrates how the energy company Enron profited greatly from deceitful framing practices, but at a dire cost. For a case study that explores framing complex issues, read “Arctic Offshore Drilling,” which illustrates how competing groups have each framed the debate over expanded oil drilling off the coast of Alaska to align with their agendas.

Terms related to this short video and defined in our ethics glossary include: behavioral ethics, conflict of interest, framing, moral myopia, self-serving bias, and tangible/abstract.

Additional Resources

Books about the lobbying scandal include Jack Abramoff’s own account, “Capitol Punishment: The Hard Truth About Washington Corruption from America’s Most Notorious Lobbyist” (WND Books, 2011) and an exposé from journalist Peter H. Stone, “Heist: Superlobbyist Jack Abramoff, His Republican Allies, and the Buying of Washington” (Farrar, Straus and Giroux, 2006).

Movies about the scandal include a documentary, Casino Jack and the United States of Money (Dir. Alex Gibney, 2010), and a dramatization starring Kevin Spacey, Casino Jack (Dir. George Hickenlooper, 2010).

For more resources on teaching behavioral ethics, an article written by Ethics Unwrapped authors Minette Drumwright, Robert Prentice, and Cara Biasucci introduces key concepts in behavioral ethics and approaches to effective ethics instruction—including sample classroom assignments. The article, published in the Decision Sciences Journal of Innovative Education, may be downloaded here: “Behavioral Ethics and Teaching Ethical Decision Making.”

A detailed article by Robert Prentice with extensive resources for teaching behavioral ethics, published in Journal of Legal Studies Education, may be downloaded here: “Teaching Behavioral Ethics.”

Another article by Robert Prentice discussing how behavioral ethics can improve the ethicality of human decision-making, published in the Notre Dame Journal of Law, Ethics & Public Policy, may be downloaded here: “Behavioral Ethics: Can It Help Lawyers (And Others) Be their Best Selves?

A dated but still serviceable introductory article about teaching behavioral ethics can be accessed through Google Scholar by searching: Prentice, Robert A. 2004. “Teaching Ethics, Heuristics, and Biases.” Journal of Business Ethics Education 1 (1): 57-74.

Transcript of Narration

Framing (From the Concepts Unwrapped Series)

Written and Narrated by

Robert Prentice, J.D.
Department of Business, Government and Society
McCombs School of Business
The University of Texas at Austin

““Framing” refers to the fact that people’s judgments, including their ethical judgments, are affected just by how a question is posed or viewed; for example, people prompted to think of an issue as an ethical issue will tend to make more ethical decisions that people prompted to think of that same issue as a “business” issue.

In any kind of decision-making, context counts. The simple reframing of a situation or question can produce a totally different answer from the same person.  For example, people would rather buy a hamburger made of meat labeled 75% fat free than meat labeled 25% fat. In fact, when questioned, these people will tell you that the 75% fat-free burger tastes better than the 25% fat burger, even though the burgers are identical.

When NASA was deciding whether to launch the ill-fated space shuttle Challenger, Morton Thiokol’s engineers at first opposed the launch on safety grounds.  But when their general manager instructed the engineers to “put on their management hats,” he reframed the decision from one focusing on safety to one focusing on dollars and cents.  The engineers then unfortunately changed their decision.

We need to look beyond the obvious frame of reference in business – “will this be a profitable decision?” – and consider our actions from a broader perspective like “how will this look when it’s reported on the front page of the newspaper?”

Decisions made by business people often occur in a context where subjective factors predominate, and the framing of an issue is particularly influential.  In Enron’s declining days, the company attempted to save money by encouraging employees to minimize travel expenses.  An Enron employee later wrote that he intentionally flouted the new policy.   While this seems like a clear ethical lapse, in the employee’s mind, he deserved to stay in the most expensive hotels and to eat at the best restaurants because of how very hard he was working.  He framed the issue in terms of his narrow self-serving interests, not in the broader ethical context of adhering to company policy.

CFOs and accounting personnel at Enron, HealthSouth, and other scandal-ridden companies didn’t need a philosophy course to help them figure out that their manipulation of financial statements was unethical.  Their problem was that at the time of their actions, their frame of reference was loyalty to the company and to the company’s goal of maximizing stock price.  Had those employees been able to think in terms of the bigger ethical picture – for example, the impact of their actions on other people’s pension funds – they might have acted differently.”

 

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