Update: Astoundingly Unethical Lawyer-Hypnotist In Prison, And Disbarred.

Good.

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he's a chicken...

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he’s a chicken…

I hadn’t followed the story of Michael Fine since I wrote about him in 2014. This was the Sheffield, Ohio lawyer who hypnotized female clients so he could sexually molest them. When I wrote the post, two victims had been identified. The final tally was six, and there may have been more.

In September of 2015, Fine pleaded guilty to five counts of kidnapping and one count of attempted kidnapping.  He admitted to using his skill in  hypnosis to control the female clients, forcing them submit his sexual desires against their conscious will. Last week, Fine was sentenced to 12 years in prison. He had already been permanently disbarred by the Ohio Bar. Fine was not a licensed hypnotist, but needless to say, he was an unethical hypnotist too.

Judge Patricia Cosgrove told Fine at his sentencing, “At the lowest point in their lives when they came to you for help in the throes of painful divorces and custody battles, you took advantage of them. You took advantage of their trust and faith in you by sexually abusing them. You deserve to be punished.”

Ya think?

When I mentioned this case in some 2015 legal ethics seminars, many lawyers refused to believe it. I even lost a law firm client because one lawyer complained that I showed insensitivity by making a mild joke about the story, which did and does remind me of something out of a bad Adam Sandler movie.  It is the strangest example of unethical lawyering I have encountered, but I am confident that a stranger one will appear eventually.

________________________

Pointer: Fred

Ethics Hero: Hillary Clinton

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The criteria for an Ethics Hero honor here includes doing the ethical thing despite significant countervailing non-ethical considerations, and often at some personal sacrifice. It was Bill Clinton’s duty to be present at Donald Trump’s Inauguration yesterday, but not Hillary’s.  While defeated Presidential candidates usually attend, they sometimes don’t, especially when they feel  particularly aggrieved byt the way the successful campaigns against them were handled. Recent inauguration no-shows include Mitt Romney and Michael Dukakis, both of whom felt, with some justification, that they had been ill-treated on their way to defeat.  Four Presidents didn’t even attend the swearing in of their successors: John Adams (bitter), John Quincy Adams (bitter, and Andrew Jackson hadn’t attended his inauguration, so there!) Andrew Johnson (impeached), and Richard Nixon (persona non grata).

Nobody, especially her supporters, would have blamed Mrs. Clinton if she had passed. However, it was important that she be there, as her presence symbolized acceptance of the result and the orderly transfer of power as much as Barack Obama’s presence did. She came, she was seen, and it was the right thing to do.

It could not have been easy or pleasant. Some in the audience were heard to chant “Lock her up!” when her name was announced. (See: “A Nation of Assholes”) Bill may have embarrassed her by being caught on video seeming to ogle Ivanka Trump. (I wrote a satirical song about Clinton ogling Julie Eisenhower at Nixon’s funeral in 1994, but that was a joke. Good old Bill. ) Jerkish journalists pestered Hillary with the predictable and needless questions: “Madame Secretary, how does it feel to be here today?” and  “How are you feeling, Madame Secretary?” Ann Althouse made me laugh out loud with her comment:

What’s she supposed to say? I’ll say it for her: How the fuck do you think it feels?

 

Inauguration Day Ethics Scorecard

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They did not. Which party is the civil party?

  • If only it could be a harbinger…Nah. For all the network’s transgressions during the campaign and after, CNN’s coverage throughout the day has been remarkably upbeat, factual, and fair.

The sourest note in the media commentary that I caught was on Fox News, where Juan Williams pronounced Trump’s speech as the likely work of advisor Steve Bannon and described it as far from unifying. I have to wonder about anyone who would listen to that speech and call it divisive, but I’m sure Williams will have company. The speech sure sounded like 100% Trump to me.

  • The Address.  It is refreshing to hear a major political speech from a President that isn’t full of soaring language that obviously is a speechwriter’s creation. I was initially dubious of Trump’s reported decision to write his own Inaugural address, but now that I have heard it, I realize that a President who presented himself to voters as unfiltered and genuine had no other choice, lest he appear false and hypocritical. The speech wasn’t eloquent, but it was, as CNN commentators said, historic. Trump didn’t use “I” but “we.” The speech was non-partisan, equally indicting both parties. One could imagine Bernie Sanders giving the same speech with few changes. The pledges Trump made will be hard to keep: If he knows that, then he was courageous to make them.

If he doesn’t know it, he is frightening naive. We shall see.

  • Praise is due to Senator Roy Blunt for producing a tight, professional event that every American can be proud of. He did this despite the despicable efforts of the show business community and others to discourage and intimidate talent so that the Inauguration and related events would not be worthy of nation. They failed, he succeeded. Thank-you, Senator.

Like so much of the bitter, nasty, un-American conduct of beaten Hillary supporters, the efforts to harm the event only harmed Trump’s opposition, and alienated everyone else.

  • Ethics Hero: 16-year-old Jackie Evancho, who gave a heartfelt rendition of the National Anthem after a month of  social media abuse and death threats. She sang in a slightly immature but lovely soprano, and unlike Beyoncé four years ago, actually used her own voice, eschewing lip-syncing. At its launching, at least, the Trump Presidency didn’t begin with deception. A young teen tackled a difficult composition under challenging conditions, and pulled it off without resorting to fakery, like the superstar who had the job before her.

Perfect. Continue reading

Ethics Observations On The 2017 Hall Of Fame Vote

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Baseball’s Hall of Fame votes were announced yesterday, and is often the case, the ethical issues raised were as interesting as the choices. The Baseball Writers Association Of America chooses who is to be enshrined; successful candidates must be on 75% of all ballots submitted, and have ten years of edibility after the initial 5 year waiting period expires.

Here were the vote totals of the players receiving significant support; the years each player has been on the ballot is the last number.

Jeff Bagwell 381 (86.2%)  (7)

Tim Raines 380 (86.0%) (10)

Ivan Rodriguez 336 (76.0%) (1)

Trevor Hoffman 327 (74.0%) (2)

Vladimir Guerrero 317 (71.7%) (1)

Edgar Martinez 259 (58.6%) (8)

Roger Clemens 239 (54.1%) (5)

Barry Bonds 238 (53.8%) (5)

Mike Mussina 229 (51.8%) (4)

Curt Schilling 199 (45.0%) (5)

Manny Ramirez 105 (23.8%) (1)

Bagwell, Raines and Rodriguez were elected. Hoffman, the all-time leader in relief pitcher saves, just missed, and will almost certainly get into the Hall next year.

Ethics Observations:

1. More than anything, it is discouraging to see Barry Bonds crossing the 50% threshold. Bonds cheated, took the integrity out of some of baseball’s most important records, has lied about it to this day, and corrupted the game. Of course he is disqualified by the character requirements for entrance to the Hall. Bond’s vote total rise is attributed to several factors, including the old, unethical rationalizations we have been reading in defense of Bonds since he was playing. The latest excuses include the influx of younger voters who never saw Bonds nor witnessed the grotesquely inflated mutant he turned himself into, more voters throwing up their hands in frustration over the problem of sifting through so many players whose PED use is rumored, likely, or insufficiently proven, and voters who find the Hall’s recent election of former commissioner Bud Selig hypocritical, since he contrived ignorance to allow Bonds and others break the rules as long as possible. None of those excuses and rationalizations justify a single vote for Bonds.

2. Ivan Rodriquez‘s election also probably helped Bonds. He was one of the greatest catchers of all time, quite possibly the greatest defensive catcher, but in Jose Canseco’s first baseball and steroid tell-all book, “Juiced,” the steroidal slugger wrote of personally injecting I-Rod with the stuff while they were Texas Rangers. The catcher never tested positive in a drug test, but Canseco’s accusation was credible, especially after Rodriquez magically gained about 25 pound of muscle and started hitting home runs. Unlike Bonds, however, the evidence against him was slim.  Jose, for example, is one of the great slime-balls in sports history. He may not be a liar, but since he admittedly wrote hisbook out of spite, he might be.

3. Ivan, in turn, was helped by the election of Jeff Bagwell. No player ever pinned steroid use on him, but Bagwell was judged a steroid-user by many because he became so muscular after starting out as a normally-built third baseman. Bagwell lifted weighs like a fiend, and clearly had a Hall of Fame level career, so keeping him out purely on suspicion seemed unfair, and was. His election slipped down the slope to boost Rodriquez, though, which in turn allowed some writers to rationalize voting for Bonds (and Roger Clemens, not as clearly guilty as Bonds, more seriously implicated than Rodriguez). Continue reading

Fake News Alert: No, Rep. John Lewis Is Still Boycotting The Inauguration

The earlier post to the contrary here was mistaken. Misconstrued source, confirmation bias, visual rather than online confirmation, and several other factors, but it is entirely my fault. I even saw a reference to the story on Facebook, and now I think its reference might have been me.

I’m not sure whether this means Rep. Lewis is better or worse, but Ethics Alarms apologizes to all.

My head did explode, though.

I took the post down. Now I’m Emily Litella. How ironic.

emily-litella-never-mind

Ethics Dunces Update: 59 And Counting Democratic Members Of Congress Boycotting The 45th President’s Inauguration

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The epic hypocrisy continues.

Last October, the Democratic Party furiously insisted that it was dangerous and undemocratic for Donald J. Trump to suggest that he might not accept the results of the 2016 election. Today, while their leaders stand mute, a large, prominents and vocal segment of that party and its leadership is refusing to accept the results of the 2016 election.

The #1 task fasing Donald Trump, say his critics (and his supporters too), is to heal the divisions and rifts in the nation. His foes (I’m a critic, not a foe) say that he is the primary cause of those divisions and rifts. (Of course, the primary cause has been the intentionally divisive Presidency of Barack Obama.) Now 59 members of Congress, all Democrats (it may be over 60 by the time I write this), have intentionally signaled to their constituents that they want and intend the division to continue, and indeed to worsen. They are leading their constituents to oppose and reject the government of the United States. They are rejecting their duty as representatives of that government, showing disrespect to the citizens who chose its leadership, encouraging civil discord and risking violence.

Their conduct is exactly like a citizens group holding a protest demanding that the government extinguish fires burning out of control around a town, then marching to each conflagration and tossing gasoline on it.

Piers Morgan, of all people, a British citizen and tabloid journalist who was sharply anti-Republican and anti- conservative in his unsuccessful run as the successor to talk show host Larry King on CNN, demonstrated that even he has a firmer grasp on this nation’s ideals and traditions than many Democrats, writing in part, Continue reading

Why Health and Human Services Nominee Price’s Smoking Gun Ethics Breaches Won’t Disqualify Him

smoking-gun

There was good news on the Trump Administration Ethics Train Wreck, still just pulling out of the station. Despite the ethically-challenged reaction fro the Trump transition team when it was revealed that Monica Crowley had plagiarized in her latest book, somebody, somewhere, persuaded the conservative radio talk-show host to resign her new White House post. Good. But as many—most?—predicted, the muck is just beginning to bubble to the surface.

CNN reports that Rep. Tom Price,Trump’s nominee for Secretary of Health and Human Services who will have much of the responsibility for dismantling Obamacare  without triggering a health system crash, appears to have engaged in a flagrant instance of using his position for financial gain.  Last year, Price purchased shares in Zimmer Biomet, a medical device manufacturer [Full disclosure: I have one of their artificial hip joints, setting off metal detectors at airports all over the world] right before he introduced  legislation that would have directly benefited the company.

Price bought between $1,001 to $15,000 worth of shares in the company last March, and then, less than a week after the transaction,  introduced the HIP Act (Clever!) to delay until 2018 a regulation that industry analysts believed  would significantly hurt Zimmer Biomet, one of two companies most affected by a regulation that limits payments for joint implant procedures. Not only did Price have a financial stake in the regulation he tried to stall,but after Price introduced  his bill, Zimmer Biomet’s political action committee donated to the Georgia congressman’s reelection campaign.

Merely a coincidence, I’m sure.

Price is scheduled to appear before the Senate Health Committee this week, and the Senate Finance Committee later. He should withdraw, or failing that, Trump should pull the nomination. Price’s purchase of the Zimmer Biomet shares isn’t the first time he’s used inside information (the inside information being “I’m going to propose a bill”) to buy shares in a company. The Wall Street Journal reported last month that he traded roughly $300,000 in shares over the past four years in health companies while pursuing legislation that could affect their bottom lines.

Yeccch. Continue reading

From The “Kings Pass” Files: Rep. Lewis Abuses His Icon Status [UPDATED]

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Yesterday, Rep. John Lewis told NBC audiences that Donald J. Trump, duly elected, legally and without question, was “an illegitimate President.” This was an unprecedented act of vicious partisanship and unethical public service. Worse, Lewis’s statement was intentionally racially divisive, timed to appear the day before Martin Luther King Day, and less than a week before the Inauguration. Imagine the bipartisan fury that a similar pronouncement by a white Congressman would have (justly) attracted in January, 2009. But double standards are “in” this year, if you are a progressive, a Democrat, or just someone who wants to weaken the United States of America and make certain that the recent election results in a calamity.

Lewis, as he has much of his tenure in the House, was relying on his status as a civil rights icon 60 years ago to immunize him from the consequences of his actions. In other words, he was depending on  Rationalization #11, The King’s Pass, that particularly corrosive rationalization—it is also called “The Star Syndrome”— which holds that distinguished figures who should be role models must be allowed to get away with conduct that anyone less prominent would be punished for. The King’s Pass wrecks companies and sports teams, allows sexual predator Presidents to get away with lying under oath, and is one of the many reasons the world doesn’t work very well. In addition to showing that “laws are for the little people,” abusers of status like Lewis  stand for the proposition that ethics are just for little people too.

Martin Luther King’s associates and lieutenants have been particularly prolific in exploiting The King’s Pass. Jesse Jackson proved himself to be a venal race hustler, but was insulated from the criticism he deserved by virtue of his civil rights era bona fides. Worse yet was the late Marion Barry, a cynical and corrupt mayor of Washington, D.C., whose loyal African American supporters treated him as if he could do no wrong. Police arresting him for smoking crack the same week he lectured schoolchildren on the evils of drugs was widely condemned by his supporters as racially motivated.

Our juvenile and impulsive President-Elect, sadly but predictably, reacted to Lewis’s irresponsible attack by tweeting a “shut up and do your job” response. “He’s a counter-puncher, ” explained Corey Lewandowski , the ex-Trump campaign manager who virtually counter-punched a reporter when she tried to ask the candidate a question at a rally. No, he’s a fool, but Trump’s unpresidential tweeting doesn’t excuse or validate Lewis’s conduct. “Fury Builds as Civil Rights Icon Is Denigrated”  headlines today’s Times, growing more biased and inflammatory by the day. Lewis was intentionally trying to spark fury as well as partisan and racial division, and he earned that denigration, because it was unpatriotic, unstatesmanlike, and willfully destructive.

It only seems less so because so many in Lewis’s party are behaving almost as poorly. Continue reading

More Inaugeration Ethics: The Hero, The Dunce, And The Weenie…Whoops, Make That A Dunce And TWO Weenies

 

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The Ethics Hero was going to be Jennifer Holliday, the big-voiced diva who stopped the Broadway hit “Dreamgirls” with her solo, “I’m not going.” She had agreed to sing at the Inauguration, telling the Associated Press that her decision to participate was a way to welcome the American people to an event that should be about unifying the country.

Which is, of course, what it is.

She then faced a vicious response to her patriotic and principled decision, with critics calling for a boycott of her music, labeling her as an “Uncle Tom,” promising that her career was over and telling her to kill herself. Most vociferous of the bullies were those from the LGBT community, which has managed to convince itself that Trump is a foe despite the fact that nothing in his speeches or record suggest that he is. But he is a Republican, and thus presumptively biased. (Assuming anyone is less than admirable based on group membership is bigotry, but in this case, the argument goes, good bigotry.)

Rather than stand up for what she said was right, Holiday whined, and capitulated:

“How could I have this much hate spewing at me, and I haven’t even done anything? I guess it’s not like those old days when political views were your own and you had freedom of speech. … We live in a different time now and a decision to go and do something for America is not so clear-cut anymore.”
The way to stand up for the values you claim to embrace, you sniveling coward, is to refuse to be bullied out of supporting them, and opposing the forces of divisiveness and hate.Ah, but performers who are willing to resist peer pressure and the howls of the mob are rarer than Florida panthers, so Jennifer grovelled instead, in a nauseating open letter:

O MY BELOVED LGBT COMMUNITY:

Continue reading

For The Last Time: This Is Why The Post-Election Attacks On Trump And His Election Are Unethical

This is the last time I’m going to try to explain why the fair, patriotic, ethical and rational approach to the impending Presidency of Donald Trump is to be supportive of the office and the individual until his actual performance in the job earns just criticism. Attempting to undermine a Presidency at its outset is a self-destructive act, for nobody benefits if a Presidency fails. Wishing for a failed Presidency was what Rush Limbaugh did in 2008, and he was justly condemned for it, substantially by the same people who are saying the same thing he did, but about Donald Trump. They were right then, and they today are just as wrong, and despicable,  as Rush was.

I have had numerous debates, on and off Ethics Alarms, with usually reasonable people who take the #NotMyPresident position, which is nonsense on its face. If you are a citizen, Trump is your President. We don’t have, or allow, citizen states. You can dissent, and support political opposition, but you still must obey the laws and be loyal to the nation, which means loyalty to the nation’s elected leadership. Loyalty doesn’t require agreement, but it does require respecting legitimate authority, and seeking what is best for the United States of America. Constitutional crisis is never good for any nation. A crippled government is never good. A leader estranged from the public is never good. Seeking these things is irresponsible and foolish, but more than that, it is dangerous.

In The Caine Mutiny, a film version of the stage drama and novel “The Caine Mutiny Court Martial,” Captain Queeg (Humphrey Bogart), a man whose war-shattered nerves and self-esteem problems have rendered him an erratic and an unpopular officer, falters in his command during a storm. His officers, frightened and already convinced that their captain is unfit for command, mutiny. At their military trial, their defense attorney causes Queeg to have a breakdown on the witness stand, winning the case for the accused mutineers. Later, however, at the post trial victory party, the lawyer, Barney Greenwald (Jose Ferrer),  shames his clients. He represented them zealously, but he tells them that they were, in fact, at fault for what occurred on the Caine: Continue reading