Gregory Reyes, the former CEO of Brocade Communication was convicted last week of conspiracy and fraud in connection with backdated stock options. He was the first defendant in backdating cases that did not settle with the government but went to trial and lost. Under the Federal Sentencing Guidelines, Mr. Reyes could face 20 years in prison and pay millions of dollars in fines. It is interesting to note that he did not personally profit directly from the backdating.

More than 200 U.S companies are under investigation for backdating, among them Apple Computers. One of the arguments used by defense attorneys is that the practice is so common that executives do not even know that it is wrong! In other words, "everybody does it" or "standard industry practice."

It may be an excuse but it is certainly not a justification.

Molly Ivins , a nationally syndicated columnist, says: "'Everybody does it' is my least favorite excuse. You can't find a mother who will let her 5-year-old get away with that."

In our society, there are a number of "practices" that were, not that many years ago, widely accepted, and now are perceived as unjust and totally abhorrent, such as such a slavery and child labor.

The Federal Sentencing Guidelines is clear that that the "standard industry practice" excuse is no longer accepted as a justification for questionable actions. If some unethical practices are indeed the standard, then we have to raise the bar.

Ethics is often about raising the bar, and going beyond what is strictly legal.

How can this be done?

Here are three suggestions:

1. Define your values, both as an individual and as a corporation.

2. Question your practices and processes to make sure they are not in direct conflict with those values.

3. If a conflict does exists, try to find an innovative and creative approach to resolving the conflict that will both meet your initial goals and not violate your values.

There are a number of magazines, websites and blogs, as well as ethics organizations that you may consult and that will help you think through the different issues you might face. I have listed a few below.

- Ethisphere Magazine - http://ethisphere.com/
- Shake that Ethics Brain Journal - www.shakethatethicsbrain.squarespace.com
- The Ethics and Compliance Officer Association - www.theecoa.org
- Society of Corporate Compliance and Ethics - www.corporatecompliance.org
- The Josephson Institute of Ethics http://www.josephsoninstitute.org
- Jeffrey Seglin ethics blog: http://jeffreyseglin.blogspot.com

It is never easy. None of us have always done or will always do "the right thing" because we are all humans and to err is human. (Errare Humanum Est.)

Maybe the next time you hear the phrase "Everybody does it" you may want to reply, "not everybody!"