Tag Archives: conflicts of interest

Gov. McDonell And The Wedding: When Ethics Hypotheticals Come True

Reception

I thought I was dreaming when I read this in the Washington Post this morning:

Virginia Gov. Robert F. McDonnell (R) has said his daughter and her husband paid for their own wedding. So a $15,000 check from a major campaign donor to pay for the food at the affair was a gift to the bride and groom and not to him and therefore did not have to be publicly disclosed under the law, the governor says. But documents obtained by The Washington Post show that McDonnell signed the catering contract, making him financially responsible for the 2011 event. The governor made handwritten notes to the caterer in the margins. In addition, the governor paid nearly $8,000 in deposits for the catering. When the combination of the governor’s deposit and the gift from the donor resulted in an overpayment to the caterer, the refund check of more than $3,500 went to McDonnell’s wife and not to his daughter, her husband or the donor….The question of who was responsible for paying the catering bill is a key one because Virginia law requires that elected officials publicly report gifts of more than $50. But the law does not require the disclosure of gifts to the official’s family members. McDonnell has cited the statute in explaining why he did not disclose the payment in annual forms he has filed with the state.

I have taught an ethics hypothetical very similar to this in several contexts, including government, business, and legislative ethics. The lesson is that regardless of the laws, and whether a particular set of regulations designates gifts to a direct family member as creating a conflict of interest and appearance of impropriety, this kind of transaction is suspicious, probably corrupt, looks terrible, undermines trust, and should be rejected by the official whose family member is getting married. Continue reading

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Filed under Family, Government & Politics, Law & Law Enforcement, Leadership

Consequentialism Alert At Redskins Park!

Washington, D.C. has a grand tradition of nepotism. Sometimes it works; it's wrong all the time.

Washington, D.C. has a grand tradition of nepotism. Sometimes it works; it’s wrong all the time.

A year ago, I wrote about the dilemma faced by Washington Redskins coach Mike Shanahan, who was mired in another terrible season with a failing offense engineered by his son Kyle, the team’s offensive coordinator.  Here we have the ethical problem with nepotism, I wrote…

“There is no way to tell what is happening or what the effect of the nepotism is, which is why all appearance of impropriety situations are toxic to trust; there is no way to tell whether the apparent conflict is causing real harm or not. When everything goes well, the doubts will be muted and there won’t be a crisis in public trust, but that is luck, and nothing more…Not only are the Skins losing, but the leaks have sprung in Nepotsim Central, where Kyle Shanahan is responsible. It was fully predictable, not that this would happen, but that it could very well happen, way back in 2010 when Mike Shanahan had the bright idea of hiring sonny boy. Not foreseeing this is a miserable failure to play ethics chess: when a choice is a good bet to create an ethics problem a few moves from now, don’t make it. Owner Snyder should have forbidden it; Kyle should have turned the job down.”

Ah, but that was then, and this is now. The vicissitudes of moral luck have struck again.  Now Kyle’s offense is working like a charm, thanks to the magic arm, legs and mind of rookie quarterback sensation Robert Griffin III. Now the ‘Skins are the NFL East Champions! Now Kyle is an offensive wizard, not a putz, and Coach Dad a visionary for hiring him. What’s the matter with a little nepotism? Never mind!

This is rank consequentialism in its worst form. Nepotism is an unethical way to run any staff, company, team, business or government, unfair, inherently conflicted, irresponsible, dangerous and corrupting. It should be recognized as such from the beginning, and rejected, not retroactively justified if it “works.”

I’m sure there were and are non-relatives of the Redskins coach who could have devised a successful offense with RG3 taking the hikes. The ethical thing to do was to find them and give one of them the job.

The Redskins coach’s nepotism is just as unethical in 2013 as it was in 2012, 2011, and 2010.

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Filed under Family, Government & Politics, History, Leadership, Sports

The House Ethics Committee Sends A Message: “Keep Your Corruption Within The Loopholes, And You’re Still ‘Ethical’”

"We just want to be friends."

“We just want to be friends.”

Let us stipulate that when a body’s ethics committee shows itself to be hopelessly confused about ethics, the chances that the body it is supposed to enlighten will be anything other than habitually, shamelessly and irreparable unethical are somewhere between Frosty’s chances of surviving in Hell, and the likelihood of me doing an infomercial for Wen Hair.

Remember the “Friends of Angelo” scandal? This was the so-called  “VIP program” that former Countrywide founder and CEO Angelo Mozilo used, not to be unkind, to bribe lawmakers into assisting Countrywide’s predatory mortgage loan practices, or at least to look the other way. In June 2008  it was revealed that key policy makers, including former Senate Banking Committee Chairman Christopher Dodd  (D-Conn.), and current Senate Budget Committee Chairman Kent Conrad (D-N.D.) received special terms on mortgages from Countrywide.

In 2009,the House Oversight Committee began investigating the program and learned that similar sweetheart loans were extended to almost a dozen lawmakers, executive branch officials, and other employees of Congress, the White House, Fannie Mae, Freddie Mac, and other government agencies. Countrywide also allowed some VIP program participants “free floats,” which meant that if interest rates fell during the time when loans were being processed, the company allowed applicants to take the lower rate at closing, something it does not typically do.

Let’s be clear: these are bribes. No matter whether they fall within or without specific laws or regulations, they are bribes. This is a large corporation providing special benefits to legislators and others in the government that it did not make available to the general public, in order to make “friends” with them. Why would a financial company like Countrywide want policy-makers indebted to it, to “like” it? Use your imagination. This is called creating a conflict of interest and warping independent judgment. We should expect our officials and elected representatives to recognize such transparent corruption, and avoid it. But they didn’t, and don’t.

One reason they don’t is that voters refuse to hold them accountable. Another is this:

From the LA Times:

“The House Ethics Committee has found no rules violations by  lawmakers and staffers who used a VIP loan program from Countrywide Financial Corp. saying the allegations of special treatment fell outside the panel’s jurisdiction. The committee’s leaders said its investigation largely led to the same conclusions as the Senate Ethics Committee, which determined in 2009 that there was “no substantial credible evidence” that Sen. Kent Conrad (D-S.D.) and former Sen. Christopher Dodd (D-Conn.) had broken rules by accepting loans through the special program…”

“The House Ethics Committee statement said that people in the VIP program appeared to be offered ‘quicker, more efficient loan processing and some discounts.’ But the committee said there was evidence showing those discounts “were not the best deals that were available at Countrywide or in the marketplace at large.” Because participation in the program “did not necessarily mean that borrowers received the best financial deal available either from Countrywide or other lenders,” it was not a violation of House rules to participate, according to the Ethics Committee.” Continue reading

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Filed under Finance, Government & Politics

Porn and the NFL: In Search of A Biased Referee

With condoms, what, 2.5 X’s?

55% of California voters decided yesterday to make porn stars wear condoms on the job—good for their health, bad for the health of the state’s booming XXX film industry. It is a reasonable guess that injecting condoms into the proceedings will put California’s porn products at a significant competitive disadvantage, and also a reasonable guess that the voters who enacted the measure couldn’t care less. So legal enterprises may go bust, their employees may lose their careers, and consumers may lose a form of entertainment they crave because of the policy priorities of those who hold all three in low regard, and who are unlikely to apply any kind of balancing standard. It’s safer for all concerned to require condoms, that’s all. Porn companies, porn careers, porn lovers—who cares about what they want? Continue reading

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Filed under Arts & Entertainment, Business & Commercial, Government & Politics, Sports, U.S. Society

Unethical Quote of the Month: Peter Eyre, Presidential Debate Commission Adviser

“We selected Martha Raddatz because she is a terrific journalist and will be a terrific moderator and we’re thrilled to have her. The notion that that somehow affects her ability is not something we have given a moment’s thought to.”

-Peter Eyre, advisor to the Presidential Debate Commission, in a statement to USA TODAY. He was referring to the revealed conflict of interest that calls into question the appropriateness of ABC News reporter Martha Raddatz being chosen as moderator for tonight’s Vice-Presidential Candidates Debate despite the President having attended her wedding and the fact that her former husband was an OBAMA donor and is a high-ranking member of the administration himself.

Let me make this as unequivocal as possible: Eyre’s statement is ignorant, arrogant, incompetent, and disgusting. And, of course, unethical.

Continue reading

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Filed under Government & Politics, Journalism & Media

Debate Moderator Ethics: Martha Raddatz, Conflicts of Interest, and the Appearance of Impropriety

In any election, especially a closely contested one, the role of debate moderator must be filled by a professional with absolutely no personal or professional ties to either candidate or his running mate, so as to avoid even the appearance of impropriety, bias, or conflict of interest.

ABC just made my head explode. How’s yours?

Is this basic and obvious ethics principle really so elusive that ABC never considered it?

We learned today that ABC’s Martha Raddatz, a senior foreign correspondent and the assigned moderator for this week’s Vice Presidential debate, was once married to a high-ranking member of the Obama administration, FCC head Julius Genachowski, and President Obama was a guest at their wedding.

DING!

Foul!

Gone!

Uh-uh!

Disqualified!

Under no circumstances, in this hyper-partisan environment when “that handkerchief was a cheat sheet!” conspiracy theories follow a transparent debate thrashing, and a professional moderator who does his job, like Jim Lehrer, is used as a scapegoat to excuse a supposed master of communication who forgot to make eye contact while speaking, should a debate moderator be tolerated who has these kinds of connections to either Presidential ticket. Isn’t that obvious? If it wasn’t obvious to Raddatz and ABC, why not? What’s the matter with them? Continue reading

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Filed under Government & Politics, Journalism & Media

The Replacement Ref and the Conflicted Debate Moderator: How We Become Ethically Stupid

Note to NFL: Don’t hire Gwen Ifill as a replacement referee.

Poor Brian Stropolo was only behaving like a respected national journalist on the political scene; why didn’t it work?

Stropolo, on the crew of NFL replacement refs (that’s scab refs, if you belong to the NFL refs union, which is currecly locked out) was assigned to yesterday’s New Orleans Saints-Carolina game. He was suddenly pulled from the assignment by the league on  Sunday morning, when it came to the NFL’s attention that he had represented himself on his Facebook page as an enthusiastic Saints fan, even appearing on his page in a Saints uniform.

Imagine if Stropolo had made a controversial game-changing call that handed the game to his beloved Saints!  But then, it was up to Stropolo and the league  to imagine it long before any inappropriate game assignment was made. For Stropolo not to notify the league of his web-wide admission of pro-Saints bias when he was assigned to referee a Saints game shows a complete absence of ethics training, instincts and sensitivity. How could this not occur to him? How could the NFL not have a vetting process for refs that would discover team allegiances? Where is the Code of Conduct to remind clueless referees about the “appearance of impropriety,”and the importance of preserving the NFL’s integrity by avoiding any suspicion that referees are tilting games in the direction of teams they root for in their off days? Continue reading

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Filed under Government & Politics, Journalism & Media, Professions, Sports, U.S. Society

Writers Writing About Ethics, Without Any

Sorry, can’t use you.

Writer Joe Konrath has written one of those blog posts about ethics that makes me want to defenestrate myself, a post that expounds on rationalizations as a substitute for ethical analysis because he is incapable of the latter, arriving at fatuous and misleading conclusions. Naturally his post was picked up and expounded upon by another blogger, Ben Galley, who has even launched an ethics-challenged website called Ethiks to promote similar ethics rot.

Both writers are holding forth about recent scandals in the publishing world, involving so-called “sock puppetry,” where a writer anonymously praises his own books on-line or trashes the work of competitors, and writers paying for positive reviews. Both are also laboring under juvenile ethical delusions, and obnoxiously so, among them:  that “everybody does it” is a valid excuse for cheating, that the fact that a critic of unethical behavior might engage in such behavior himself under certain conditions invalidates the ethical criticism, and that unethical people insisting that unethical conduct isn’t puts such conduct in a “grey area.” None of these is true; none of these is remotely true.

The ethically-clueless tenor of both posts can be gleaned from this section, by Galley:

“Ethics in life are a grey area. No less in the book industry. To borrow JA’s analogy, the claim of “I would never kill” goes out of the window pretty quickly when protecting your family against a murderous intruder. The line of ethics is never a straight one, often zig-zagging through a charcoal no-man’s land of right and wrong. The question is this: Where does the line lie for you? It’s nothing less than personal. Some people simply shrug at the thought of sock-puppetry. Others go a shade of red and grit their teeth. Sadly, we can write all the codes and edicts we like, the point is that not everyone will a) agree, nor b) abide.”

Let me see: wrong, wrong, irrelevant, wrong, not necessarily, no it isn’t, NO, it REALLY ISN’T, and so what?

Most ethical questions are not gray at all: these definitely aren’t. They are clear as clear can be. “Sock puppetry” is dishonest and unfair. An author paying for positive reviews, and a critic accepting payment from an author to review his work, is blatantly dishonest and a conflict of interest. There is no “gray” about it; they are just wrong. Anyone who draws the “line” anywhere else is wrong too. It doesn’t matter whether everyone agrees: those who don’t agree are unethical. So are those who can’t “abide.” Their unethical conduct doesn’t alter right and wrong.

Konrath’s piece wastes our time with a long argument claiming that unless one is as pure as the driven snow, not only can’t you call unethical conduct what it is,  the fact that you can’t calls into question whether the unethical conduct is really unethical at all. Here’s his “quiz,” which Konrath presents triumphantly as if it is a real brain-buster, when anyone with a modicum of honesty, decency and common sense should be able to score 100% without straining a neuron.

Here it is, with my answers in bold: Continue reading

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Filed under Around the World, Arts & Entertainment, Business & Commercial, Character, Literature, Marketing and Advertsing, Professions, The Internet, Unethical Blog Post

The Breast-Feeding Professor

“Uh, Captain? Captain? We really need you up in the plane, now—we’re under attack…”

This story reads as if it were invented just to cause arguments on Ethics Alarms.

Adrienne Pine, a professor at American University, was faced with a choice: stay home and care for her baby, who had a fever, or take the child to class. She chose to take the infant to the first meeting of her “Sex, Gender and Culture” course, where the child spent her lecture alternately on her mother’s back or crawling around the room, or, at one point, being breast-fed by the professor. Pine’s Full Mommy breast-feeding act was commented upon by the school newspaper, and Prof. Pine responded to inquiries by a student reporter with a dismissive, “…the baby got hungry, so I had to feed it during the lecture. End of story,” and a defensive and defiant  blog entry. She sees nothing wrong with her conduct, and regards the controversy as proof that ” a feminist anthropology course is necessary at AU.”

That’s playing the ol’ Mommy Card with gusto, Professor Pine.

She is dead wrong, as a matter of professional ethics. As a college professor,Pine has limited demands on her time, and the one thing that she is required to do is to devote full attention to her students in class. With an infant, an ill infant at that, in her care, she could not do that. She had a pure and unresolvable conflict of interest, and it was a breach of her duty to her child (at one point a student had to tell her that the baby had a paper clip in her mouth) and a breach of duty to her students (if they were watching the baby, and later that breast-feeding exhibition, they were not able to give full attention to her lecture). She had a choice to make: do one job or the other, because it is impossible to do them both at the same time. Continue reading

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Filed under Education, Etiquette and manners, Family, Gender and Sex, Professions

Don’t Tell Us The Public “Doesn’t Care” About Incompetence and Corruption. It Has to Care.

The Washington Post broke the ethics story of the weekend, documenting a blatant conflict of interest on Capitol Hill that has many members of Congress making decisions on legislation directly affecting companies in their stock portfolios, and trading the stock contemporaneously with those decisions.

Based on the depressing dialogue on the Sunday public affairs shows regarding the Fast and Furious scandal—-especially the dialogue issuing from panelists who have obviously received and memorized received the Obama Administration and Democratic Party talking points—-I would assume that the American people can’t be bothered with this matter, and think it is a waste of time. After all, according to panelist after panelist who was either a mainstream media pundit or an Obama surrogate, all the American people care about is the economy and jobs. The fact that the U.S. Justice Department may be run by incompetents and law-breakers—who cares? The fact that nobody gets fired for approving a policy that breaks laws and gets innocent people killed—so what? The American people are, we are told, one-track mind morons, unable to focus on more than one problem at a time, and incapable of seeing the interrelations between problems. I wonder–might the fact that Congress may be corrupt and the Executive Branch, including Justice, may be irresponsible and inept have any bearing on the ability of the government to oversee the economy effectively? Don’t be silly, former New Mexico Governor and Clinton acolyte Bill Richardson told us yesterday. The public isn’t that sophisticated. The public doesn’t care about who’s cheating, who’s breaking the law and who’s incompetent! The people only want to talk about jobs! So, apparently, that is all the journalists and pundits should talk about, and all that policymakers should spend their time on.

No wonder none of those Sunday shows spent any time on this Post front page story: Continue reading

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Filed under Citizenship, Government & Politics, Incompetent Elected Officials, Journalism & Media, Leadership, U.S. Society