Business & Commercial

Here’s Something The News Media Hasn’t Explained Regarding The Weinstein Scandal: Those Victim Confidentiality Agreements Are Unethical, And Maybe Illegal

/ Jack Marshall / 5 Comments

Rose McGowan, the new Sexual Harassment Fury on social media, says she was raped by Weinstein and had to accept a $100,000 settlement with a confidentiality agreement as a condition of the deal. That means that if she subsequently told her story and accused Weinstein, she would be liable for damages, and would have to return the money. Right?

Not exactly. Most of the accounts in this sordid series of events make it seem like confidentiality agreements are iron clad and enforceable. Often they are neither. McGowan’s almost certainly wasn’t.

Debra Katz, an attorney specializing in sexual harassment law suits, recently explained that if employees or former employees came forward with information about Weinstein participating in criminal misconduct, their non-disclosure agreements or confidentiality agreements would probably be unenforceable, saying,

“These kind of very broad NDAs or confidentiality agreements typically violate public policy. Employees have to have the legal ability to discuss any concerns about unlawful behavior in the workplace … These broad provisions that would effectively silo people, make them feel like they can’t speak about this, are simply an instrument to put fear in people.”

My position has always been that lawyers who construct such agreements, knowing that they are unenforceable, are committing sanctionable ethical misconduct. The lawyer for the employee being silenced, moreover, has an obligation to let the client know that the requirement is unconscionable. Of course, it’s the client’s decision whether she wants to take the money.  It is also unethical to make an agreement you have no intention of honoring. Continue reading →

Morning Ethics Warm-Up, 10/13/17: All Aboard The Weinstein Ethics Train Wreck!

/ Jack Marshall / 56 Comments

Good Morning, Hollywood!

I’m sorry to bombard you with this ugly topic again first thing, but I’d like to stop having to think about it as soon as possible.

1 My sister, a committed Democrat who naturally prefers that damning stories about her favorite politicians go down the memory hole as soon as possible, complained yesterday that she didn’t understand why Harvey’s demise was such a long-running story. He’s a pig, we’ve seen it before, he’s fired, big deal, she protested. There are more important things going on.

There are undoubtedly more important things going on, but from an ethics perspective, the importance of the Harvey Weinstein Ethics Train Wreck and who boards it (and who has been riding it for decades) is as significant and chock full of lessons as a story can get. The Penn State-Jerry Sandusky-Joe Paterno scandal was important for some of the same reasons. It exposed the tendency of organizations to become corrupted when non-ethical considerations, usually money, freeze the clappers on multiple ethics alarms. It showed how “virtuous” people with power and influence can betray their values, admirers and supporters in the pursuit of personal or organizational goals. It showed how even usually complacent and biased journalists will suddenly become responsible when the details are juicy enough…and how some won’t. The Sandusky saga also was one more clue to how inherently warped an entire industry’s culture—in that case, big time college football—was (and is).

The Weinstein Train Wreck is worse, however, and also more significant. Weinstein is typical—extreme, perhaps, but typical—of  a popular and glamorous industry that has abused power to debase and exploit women for a century. The trade-offs and incentives turned many of the abused women into accessories of future crimes against other women, while some women, too powerful to have to fear the consequences of doing the obviously right thing, chose to protect the community and the industry rather than human beings. That they, and complicit men in the industry as well, did this while spending the past six years making angry public speeches about the sexist and misogynist attitude of Republicans flagged the kind of hypocrisy that demands substantive consequences.

It also demands reform. Anyone who  thinks Hollywood is going to retire the casting couch because of one especially disgusting and prolific predator is kidding themselves. Sexual harassment and gender discrimination is rampant at every level of the performing arts, from high school theater up through Broadway, and on to Hollywood. I question whether that culture will ever change significantly. At least this episode might educate the public that if they take moral grandstanding from the likes of John Legend, Meryl Streep and Jimmy Kimmel seriously, they are asking to be betrayed and disillusioned.

And that doesn’t even reach the political hypocrisy exhibited by the Democratic Party and progressives, which embraced and celebrated a sexual predator from Hollywood because he gave them money, just as they have been giving a sexual predator from Arkansas the King’s Pass on similar conduct because he gave them power. As long as the only voices calling attention to this are from the Right,  count on progressives to ignore or minimize the issue. After all, conservatives and Republicans accepted the devil’s bargain in allying themselves with Roger Ailes. Still, the criticism of the party and predator enablers like Hillary Clinton needs to come from the Left to do any lasting good. So far there has been some criticism from that direction, but not nearly enough.

2. Weinstein’s contract with The Weinstein Company  included a clause that allowed  his sexual harassment as long as he paid the costs of settlements out of his own pocket, TMZ reported yesterday. So much for the sham posture that the company was shocked and disgusted at his conduct. Poor Donna Brazile, desperately trying to join the futile virtue signalling by hypocrites who have been cheering on Hillary and her husband for decades, tweeted her admiration for the TWC board thusly

…only to have to delete the tweet later. Did Donna really believe that the TWC board, including Harvey’s brother, didn’t know what Weinstein was doing? Is she that stupid?

3. A lot of contentious debate on this topic at Ethics Alarms has arisen regarding the complicity and obligations of various Hollywood actresses. There are different categories, and conflating them only leads to confusion. Here are the categories and subcategories:

A. The powerless victims of harassment These are the young, aspiring actresses who were propositioned or assaulted by Weinstein, and convinced, rightly or not, that they would never have a chance if they complained

These are the equivalents of Bill Cosby’s victims, who only came forward after their abuser was wounded and vulnerable.

A 1. Powerless victims who accepted cash settlements. This means that since other remedies were unavailable to them, they at least triggered some kind of punishment and compensation. This required, however, allowing future victims to go unwarned, since the pay-offs were accompanied by confidentiality agreements.

B. Victims who were not powerless, due to connections in the industry. I place actresses like Ashley Judd, Angelina Jolie and Gwyneth Paltrow in this category.

C. Victims who, over time, became powerful, wealthy, popular and influential enough that they could have exposed Weinstein, if they chose, but didn’t.

C 1 Victims who received cash settlements when powerless but whose careers  progressed to the point that they could forfeit the cash and accept any legal consequences of breaking the contractual agreements.

D. Rape victims. Sexual harassment is a civil offense; rape is a crime. Many rapes can be substantiated by medical examinations, and rapists are dangerous. Accepting a cash settlement for not reporting one’s rape when the rape could have been substantiated—this is what Rose McGowan did—is a breach of multiple civic duties.

E. Women in the industry who became aware of Weinstein’s conduct and did nothing about it.

F. Women in the industry who became aware of Weinstein’s conduct,  did nothing about it, and continued to praise him in public.

G. Actresses who accepted Weinstein’s proffered bargain, and exchanged sexual favors for roles and contracts, turning what is laughably regarded a a meritocracy into sexual commerce. We don’t know who these women are, but it strains credulity to think there were none.

Of course, many male Hollywood figures also fall into categories E and F.

Categories C, E,  F and G are the most unethical categories. D is problematic as well.

4. Jane Fonda revealed to Christiane Amanpour that she is in category E. She “found out about Harvey about a year ago,” said the certified Hollywood royalty, outspoken feminist and progressive champion.  “I’m ashamed that I didn’t say anything right then,” Fonda said. 

Well, that’s nice. As long as she is ashamed.

We can proclaim our principles and values all our lives, but if we don’t act according to them when the lives of others are at stake, all of what went before is meaningless. How many women suffered at Weinstein’s hands after Jane knew? Continue reading →

Morning Ethics Warm-Up, 10/12/2017: Ben Affleck Is Called A Liar, A Blind Man Wants to See Websites, The Boy Scouts Want Girls, And More…

/ Jack Marshall / 32 Comments

Good Morning!

1 Tales of Moral Luck: Yankee manager Joe Girardi was facing a possible post-season firing for an embarrassing  botch during the second game of the American League Divisional Series against the Cleveland Indians. NY had lost the second game, putting them in an 0-2 hole in a best of 5 series, after an Indian batter’s foul tip into the catcher’s glove for strike three and the inning’s final out was mistakenly ruled a hit by pitch, loading the bases. Replay showed that the ball had hit the knob of the bat, not the batter’s hand, but Girardi didn’t call for a replay review even though his catcher demanding one.  The HBP loaded the bases, and the next batter hit a decisive grand slam. Girardi made things worse in his post-game comments by spinning and rationalizing, then finally took responsibility the next day. He also admitted that he didn’t realize that managers had two challenges in the play-offs, when they had only one a game during the regular season.

Yesterday, the Yankees completed a remarkable comeback, winning three straight games to defeat the odds-on favorites to represent the American League in the World Series. Girardi’s bad judgment, poor preparation and immediate resort to excuses when he undermined his team’s chances no longer matters. He was saved by moral luck, just as earlier he had been slammed by moral luck. After all, if the next batter in Game 2 has popped up harmlessly, ending the inning without any damage, Girardi’s terrible mistake would have been a footnote to a Yankee victory.

Now it’s a footnote again.

Moral Luck.

2. WHOA!  Didn’t see THAT coming! TWITTER just boarded the Harvey Weinstein Ethics Train Wreck!

Actress Rose McGowan, one of Weinstein’s victims who reached a $100,000 settlement with the Hollywood serial harasser 20 years ago and  who is now on the attack having decided that she doesn’t want to be a Hollywood actress any more, has been using social media to condemn actors and executives who enabled Weinstein, writing in one tweet, “you all knew.” Recently, after Ben Affleck  tweeted that the allegations against  Weinstein “made him sick,” McGowan called him out on Twitter.:

@benaffleck “GODDAMNIT! I TOLD HIM TO STOP DOING THAT” you said that to my face. The press conf I was made to go to after assault. You lie.

Twitter suspended her account. In response, McGowran wrote on Instagram.

TWITTER HAS SUSPENDED ME. THERE ARE POWERFUL FORCES AT WORK. BE MY VOICE. #ROSEARMY #whywomendontreport

These social media platforms are untrustworthy. All of them.

McGowan, meanwhile, is fast approaching Ethics Hero territory. Continue reading →

Ethics Quiz: Branding Ethics And The Weinstein Scandal [Updated]

/ Jack Marshall / 151 Comments

I’m lounging in Richmond’s wonderful Jefferson Hotel, watching the hilarious and despicable parade of actors, actresses and Democrats—Hillary, the Obamas–rushing to condemn Harvey Weinstein now that his use to them is probably ended, and they see safety in numbers. Many of their statements—I was just listening to Mira Sorvino—mouth the same platitudes about how “this is no longer conduct that can be tolerated”—pssst: It was never tolerable behavior; your industry and colleagues just tolerated it anyway—and how it is essential that such sexual predators be stopped—pssst again: why didnt YOU do anything to stop it?– while saluting the courage of victims who come forward, without any adequate explanation in many cases of why they, or others, didn’t come forward for years and even decades while  other actresses were victimized and even raped. (The alleged rape total is now up to three.)

Angelina Jolie said today that she was harassed by Weinstein a decade ago, decided not to work with him, and “warned other actresses she knew not to do so as well.” This dovetails nicely with another harassed non-reporting actress’s tale, that of Gwyneth Paltrow—years late, of course, that she was attacked by Weinstein, and her boy friend at the time, Brad Pitt, confronted him. Presumably Pitt also later  knew about Jolie’s experience,being married to her and all. Brad Pitt was afraid to expose Harvey Weinstein? Sorry, I don’t believe it. I don’t believe George Clooney’s statement either, or long-time stars like Glenn Close. I also don’t understand Paltrow, whose father was himself an influencial producer. Her father wasn’t willing to stop Weinstein? Why not?

[CORRECTION: an earlier version of the post conflated Sorvino with Paltrow. Thanks to Spartan for the alert.]

This was a conspiracy of silence, abetted by Weinstein’s wallet. As long as he was a useful ally to ambitious actresses willing to exchange their ethical duties as citizens and human beings for parts and pay-offs, and liberal politicians employing wilful ignorance to keep money flowing to their campaigns and causes, Weinstein had a free pass to molest and abuse, and knew that he had a free pass.

The posturing by so many powerful people who could have made Weinstein a pariah at any time—but just not during the current campaign at the time, or while the latest promising Miramax project was being produced—is nauseating.  Even if one excuses the struggling starlet—and I don’t, not when she’s struggling and afraid, and definitely not years later, when she knows what happened to her is still going on but she’s now a Hollywood power herself—there is no way to excuse the community. This isn’t sort of like inner cities that have a “no snitch” culture that allows crime, drugs and murder to rot everything while innocent victims are terrorized, it is exactly like them. Victims still have ethical duties as citizens and human beings. Of course it’s hard. If being ethical was easy, we wouldn’t have to keep talking about it.

Of course, the most complicit of all may have been Harvey Weinstein’s business partners, including his brother. There is no reasonable possibility that some, most, or all of them didn’t know that their meal-ticket was a sick, sexual predator. Certainly Weinstein’s brother, now running The Weinstein Company. Now I read in the Wall Street Journal before me that the company is planning on rebranding, taking the Weinstein name off of the company. The idea is that after a few successes and maybe some convenient amnesia,  people will begin trusting the company again. Hey, let’s call it “Trust Entertainment”! (That’s my idea, not theirs.)

Your Ethics Alarms Ethics Quiz of the Day:

Is this ethical? Continue reading →

Morning Ethics Warm-Up, October 10, 2017: Post-Columbus Day Edition

/ Jack Marshall / 84 Comments

Good Morning.

1 The rhetoric against celebrating Columbus Day is at bottom an attack on American values and the nation itself,  making the case that the culture should bask in eternal guilt and shame for the crime of existing. It has always been thus: I heard the counter-Columbus claims when I was a kid and living in Boston, where you can’t throw a spitball without hitting an Italian or a Catholic. Then, however, there were sufficient numbers of responsible elected officials who put those ignorant and warped arguments in their place—the trash. Now, the path of least resistance reigns.

We celebrate Columbus because he brought European culture and civilization to the New World, making our nation possible. He was the butterfly flapping his wings in the Amazon, in Chaos terms: without Columbus, everything might be different. One thing that would not be different, however, is that the stone age cultures that lived in the Americas would not have prevailed, thrived and survived. Blaming Chis for the inevitable destruction of primitive cultures when more advanced and ambitious ones arrived, as they were going to with or without Columbus, is scapegoating of the worst kind.

We also celebrate Columbus because of the good and important things his first voyage symbolizes: mankind’s constant search for knowledge; the bravery of explorers; the visionary who dares to challenge conventional wisdom.

We have not, so far at least, renamed Martin Luther King Day as Victims of Adultery Day. Columbus was a man of his time, working for a brutal regime. He did many things that were wrong even by the standards of the time. Irrelevant. He opened the door  from the Old World to the New, and made the United States of America possible.

That’s worth celebrating.

2. Robert E. Lee  High School in San Antonio wins some kind of weasel award for responding to pressure to de-honor that racist slave-owner Robert E. Lee by renaming it LEE High School, with LEE being an acronym meaning Legacy of Educational Excellence High School. Pretty impressive, that: managing to be cowardly, irresponsible, and deceitful, all at once. Capitulating to the Left’s statue-toppling, historical airbrushing mania is wrong; doing so while not really doing it is worse. Keep recognizing the General, or don’t.

Who wants people like this teaching their children?

3.  ESPN  didn’t think it was necessary to suspend  anchor Jemele Hill  for tweeting that the President of the United States was a white supremacist, but when she dared to suggest that advertisers boycott NFL teams that forbade the kneeling stunt currently killing NFL  fan loyalty, ratings, ticket sales and popularity, that really crossed some lines. The network suspended Weeks after she expressed outrage at the ownership of the Dallas Cowboys and Miami Dolphins for making a “No-knee” policy for its players.

“Jemele Hill has been suspended for two weeks for a second violation of our social media guidelines,” ESPN said in a statement. “In the aftermath all employees were reminded of how individual tweets may reflect negatively on ESPN and that such actions would have consequences. Hence this decision.”

Ethics Alarms is on record as holding that Hill should have been disciplined for the anti-Trump tweet, but I sympathize with her here. She had every reason to believe that she had received special dispensation to air her progressive, resistance, Black Lives Matter advocacy using her ESPN visibility as a platform, especially after Disney’s CEO admitted that she hadn’t been disciplined because she was black.

ESPN’s standards are as incoherent as the cause of the kneeling players. They send mixed signals to employees and viewers, satisfying no one, and creating a chaotic culture undermining their own business, which is, remember, covering sports. Continue reading →

When Ethics Alarms Don’t Ring: “Ethics Dunce” Is Inadequate For Dove Soap [UPDATED]

/ Jack Marshall / 53 Comments

 

What the hell?

The above jaw-dropping ad for Dove soap debuted to so much outrage and controversy that it was almost immediately taken off the web. Dove apologized by the ad had “missed the mark.” WHAT mark? What could an ad that shows a black woman transforming herself into a white woman under the influence of Dove soap have been intended to convey?

That Dove is so amazing that it turns a black woman into a white one (actually a gorgeous black woman into a sort of cute white one)?

That inside every black woman is a white women trying to get out?

That race is only skin deep?

That white and black women are essentially interchangeable, given the right soap?

That black women are like caterpillars, and eventually emerge from their shell as white women?

This is a level of incompetence that one seldom sees, even in Washington, D.C. Nobody in the chain of command as this ad was created and launched, from the ad agency to the company’s executives, had sufficient cultural awareness to say, indeed to scream, “Wait, are you kidding? We can’t use an ad like that! Don’t be ridiculous!” How can that be?

I am perplexed.

UPDATE: I am only somewhat less perplexed. Here is the original ad in its entirety: all I could find last night was the screen shots.

Thanks to texagg04 for passing on a link to the actual video. Contrary to the arguments of some, it doesn’t change the dead ethics alarms diagnosis. It’s an add for soap. The implication that enough soap can turn a black girl white is obviously going to be offensive, whatever happens afterwards.

By the way, I wasn’t offended by the ad; I was offended by the incompetence of anyone in business and who lives in the US, especially post-Obama’s racialized 8 years, not immediately seeing how the ad was running over land mines. Now I must presume that the commenters who shrug it off aren’t ad executives and don’t make soap. They have an excuse. Dove doesn’t.

Lessons And Notes From The Harvey Weinstein Fiasco

/ Jack Marshall / 111 Comments

The latest development in the rapid fall of Hollywood independent film mogul and lionized Democratic donor Harvey Weinstein: The board of his own company, The Weinstein Company, just fired him.

You should read the New York Times’ damning story, following an investigation, about the extent of Weinstein’s long reign of misogynist terror in Hollywood. I don’t care to re-hash it. Note, as you read, that as disgusting as it is, more disgusting stories have come out since it was published. For example, a TV journalist now says that Weinstein once trapped her in the hallway of a restaurant that was closed to the public and masturbated in front of her until he ejaculated.  She says she told friends about the episode, but remained quiet because “she was in a long-term relationship” and was “fearful of the power that Weinstein wielded in the media.”

  • WHAT? She withheld this story for a decade because she was fearful, thus allowing Weinstein to abuse how many other women? Hundreds? I’d love to ask her if a powerful individual, in her opinion, could have done anything that would have caused her to make the effort to overcome her fear and self-interest. Someone who would act as she describes is pathological. What she endured was a criminal act. This is signature significance, is it not? Does a civilized, trustworthy, non-sociopath sicko ever do such a thing even once, on the worst day of his life? “I’m sorry I trapped you and masturbated in front of you; it wasn’t the best choice, and anyone can make a mistake.”

The man is and was dangerous. The woman had a citizen’s duty to report this to the police; I don’t care how powerful he was.

  • And, apparently, dozens of actresses had experiences, if not quite that horrifying, horrifying enough. In the Times report, we learn that Weinstein invited Angry Progressive Feminist Ashley Judd to the Peninsula Beverly Hills hotel 20 years ago for what she thought would be a breakfast meeting about her career. Weinstein had her sent to his hotel suite, where he greeted the actress in a bathrobe and asked if he could give her a massage. She told The Times that he then proposed that she watch him shower. Now she tells us this? Now, after she excoriated the President on the Mall, using obscene terms to cheer on  “resistance” “pussy- hat marchers  in January and speculate about the President’s Trump’s wet dreams about his own daughter?  Judd  said she kept quiet to avoid alienating Harvey Weinstein because she was just at the beginning of her career—you know, like all of those Cosby victims. What’s her excuse for the rest of the 20 years, allowing more young actresses to be extorted into sexual submission? Larry O’Connor has the (revolting) answer, I think. In a piece for Mediaite, he writes of Judd,

Has she channeled that anger and humiliation and fear at the industry that allowed it? Or at the man and his multi-million dollar corporation that enabled it? No. Her real enemies are Republicans. Don’t you get it?

So the not-so-hidden message in Weinstein’s non-apology statement was “Hey, remember, I supported Hillary and Obama and I raise millions for Democrats and I’ll help destroy the NRA and Trump. I may treat you like shit, but my heart is in the right place. Now get your knee pads on.”

In Hollywood, being liberal means never having to say you’re sorry.

Judd has been praised for having the courage to tell her story now…when Weinstein is elderly and his power is waning, knowing the he was about to be exposed. No, this is an example of Rationalization #22, “It’s not the worst thing.” Yes, Judd is not as bad as the many, many actresses who kept quiet about this sexual predator, endangering others, who still are mum. Whoopie! Continue reading →

Here We Go Again: Harvey Weinstein, Lisa Bloom And The Thing About Lawyer Ethics That The Public And The News Media Just Cannot Seem To Grasp

/ Jack Marshall / 21 Comments

LawNewz writes, and in so doing wins a Legal Ethics Dunce so easily that I’m not even going to bother,

Feminist attorney Lisa Bloom, who has represented dozens of women against accused sexual harassers like Donald Trump and Bill O’Reilly, is now representing an alleged sexual harasser. In, quite frankly, a shocking move, Bloom agreed to give her “advising” services to film studio executive Harvey Weinstein, who is accused of harassing women over a thirty-year timespan. Immediately, many in the legal world wondered what would motivate such a principled women’s rights advocate to represent a man facing such sordid accusations.

Weird! I have the strangest feeling I have been here before…it’s Ethics Alarms déjà vu!

No, I have been here before, and if you’ve read the blog regularly, so have you, like here, for example, when the post was called,  No, There Is Nothing Unethical Or Hypocritical About A Feminist Lawyer Defending Roger Ailes.or here, when I defended Hillary Clinton….yes, you read that right…when she was being called a hypocrite for once defending not only a child rapist, but a guilty child rapist.  Then there was this post, when liberal icon Larry Tribe was representing a coal company. Bloom, Tribe, Estrich and Hillary all have the same defense, not that lawyers should need a defense for being lawyers.

Let’s see…I think I’ll quote myself from the Hillary piece this time… Continue reading →

Morning Ethics Warm-Up, 10/7/2017: A Salute, A Disgrace, An Idiot, And An Asshole

/ Jack Marshall / 17 Comments

Good Morning!

1  I want to take a moment to salute the commenters here for a remarkable performance the past week regarding the re-emergence of the gun control debate following the Vegas Strip massacre. There have been a staggering 664 comments (so far) on the topic in various threads, two Comments of the Day (and another couple soon to be published), and a rare guest post. The level of discourse has been overwhelmingly high, and the sophistication and variety of opinion has been exemplary. Through all of this, there has been little of equal quality from the mainstream media and its pundits, while the quality of opinion and debate on television and from elected officials has been only slightly above the “Do something!” level still flourishing on Facebook. (I’m going to my Facebook feed now to pick a recent example. Let’s see…here’s one! This is a representative segment of the comments on this story on Mediaite, admittedly an especially dumb one, about MSNBC political analyst Steve Schmidt telling Bill Maher , among other simple-minded observations, that only seem relevant to the anti-gun hysterics, that  it is “harder to buy cough medicine than it is to buy an AK-47 or 50 of them”…

This guy is an idiot. Tell him to go buy cough syrup, then go buy an AK and come back in an hour and see what he has. I bet it would only be cough syrup.

is it in a liberal’s nature to murder unborn babies? just askin

It’s a birth control device for them.

Awww, you need attention

And you gave it

I live in your head

Why so many?

ZZZZZZZZZZZZZ

Heroin is against the law, and yet we have a heroin epidemic. Automatic weapons, like the AK-47, are against the law and yet Steve Schmidt says they easier to get then cough syrup with codeine. He doesn’t even see his idiocy.

False equivalencies to justify your need to compensate, boring.

Well, you can get a semi-automatic one, but it’s a far cry from a military-grade automatic.

The left has issues with their vision. The unicorns that roam the landscape crapping skittles and pissing perfume block their view, I guess.

Damn you really are a mental nut case

Ugh.

Thank you, everybody.

You do Ethics Alarms proud..

2. In the category of “This is so obviously incompetent that I should have to write about it“  The IRS awarded a sole source $7.25 million contract to Equifax to verify taxpayer identities and help prevent fraud. This was after the credit company negligently allowed the personal data of millions of Americans to be hacked. The excuses being offered by the agency are hilarious. IRS officials claim they were forced by circumstances to issue the no-bid multi-million dollar contract to Equifax. The GAO calls this baloney. The IRS argued, in a letter to Congress, that the IRS  it was unaware of any fraud related to the company’s data breach.  No, it’s just that Equifax was incompetent and negligent to an inexcusable extent that ought to be criminal. Another defense offered by the IRS:  most of the data hacked by Equifax had already been revealed in previous corporate breaches, such as those at Target and Anthem.  WHAT? That’s like saying you are a trustworthy nanny because the child you let get run over by a car was already dying of cancer.

From Politico:

Lawmakers on both sides of the aisle blasted the IRS decision.

“In the wake of one of the most massive data breaches in a decade, it’s irresponsible for the IRS to turn over millions in taxpayer dollars to a company that has yet to offer a succinct answer on how at least 145 million Americans had personally identifiable information exposed,” Senate Finance Chairman Orrin Hatch (R-Utah) told POLITICO in a statement.

Ya think?

A. Cancel the contract.

B. Fire the head of the IRS and anyone in the chain responsible for this decision. Continue reading →

Morning Ethics Warm-Up, 10/6/17: Pigs And Hypocrites

/ Jack Marshall / 15 Comments

Good Morning!

(and thank heaven THAT week is over with…)

1 There will be a full post on the Harvey Weinstein matter later today, but let’s get his vomit-inducing statement to the Times out of the way. If you are late to this party, Weinstein has been a powerful Hollywood producer and power-broker for decades, as well as a high profile supporter of the Democratic party, the Clintons, and Barack Obama. In a New York Times exposé yesterday, he was also revealed as a serial sexual abuser and harasser, whose conduct and cover-ups his industry and the politicians who received and accepted his checks were almost certainly aware of. More of that later; let’s look at the mogul’s response to the Times story. You can read the whole nauseating thing here. I’ll focus on these lowlights…

I came of age in the 60’s and 70’s, when all the rules about behavior and workplaces were different. That was the culture then. I have since learned it’s not an excuse, in the office – or out of it. To anyone.

Sexual harassment has been unambiguously condemned in our law and culture for more than 30 years.  This is a weak “Everybody used to do it” excuse. When did he “learn” it’s not an excuse? If he knows it’s not an excuse, why is he offering it as an excuse?

My journey now will be to learn about myself and conquer my demons. Over the last year I’ve asked Lisa Bloom to tutor me and she’s put together a team of people. I’ve brought on therapists and I plan to take a leave of absence from my company and to deal with this issue head on. I so respect all women and regret what happened. I hope that my actions will speak louder than words and that one day we will all be able to earn their trust and sit down together with Lisa to learn more.

I don’t even know how to describe this, except that more blatant BS I have seldom read in my life.  Who is supposed to be convinced by such transparent “Damn! I’m caught! How can I pretend I’m sorry?” blather?

Here’s the pièce de résistance, though: Continue reading →