The Lawyer, The Bar And The Nigerian Prince: A Bar Can Teach A Lawyer Ethics Lessons With Sanctions, But How Does It Fix Stupid?

"YOU again!"

“YOU again!”

It can’t.

You can read, here, the jaw-dropping Iowa Supreme Court opinion affirming a one-year suspension of Iowa lawyer Robert Allan Wright Jr.for talking his clients into loaning money to…that ubiquitous Nigerian Prince. Wright  solicited more than $200,000 in loans from five current and former clients, promising them they would receive as much as quadruple their investment when proceeds of the inheritance described in that helpful e-mail was obtained.  He was only going to take a 10% contingency, which is actually very reasonable…or would be, if this hadn’t been a scam.

After his clients lost all their money, Wright was cited for violations of several Iowa Rules of Professional Conduct, including… Continue reading

“When Will They Ever Learn?” Department: “Baby Emma” Déjà Vu

Preston and Baby Wyatt

Preston and Baby Wyatt

Once again, an unmarried father is trying to get the courts to award him custody of his child after the mother handed the child off to adoptive parents. This issue was recently examined by the U.S. Supreme Court in the case of Adoptive Couple v. Baby Girl, and on Ethics Alarms two years ago in its examination of the “Baby Emma” drama. Now it is in the news again, as Preston King, the 19-year-old father of “Baby Wyatt” fights for his child in the California courts

The details of these cases vary, as do the state laws governing them. In the Baby Emma case, for example, among the complexities were the fact that the state of the couple’s residence, Virginia, recognizes an unmarried father’s right to custody, while the state where the adoption took place, Utah, does not. All the cases have  in common a conflict between rights, law and ethics. Continue reading

The Outrageous, Offensive, Ethical Murder Defense

"OK, granted, my client killed her. That's wrong. But shouldn't he get some credit for the fact that her loss is a net gain for society?"

“OK, granted, my client killed her. That’s wrong. But shouldn’t he get some credit for the fact that her loss is a net gain for society?”

The evidence at trial showed that Rasheen Everett arrived at Amanda Gonzalez-Andujar ‘s Queens ( New York) apartment on March 27, 2010, and almost 24 hours  later, left carrying two bags filled with the prostitute’s belongings including her camera, laptop and cell phone.. Her lifeless body was later discovered, covered in bleach. The judge pronounced the defendant, who showed no remorse during the proceedings, “a coldhearted and violent menace to society.”  Everett apparently killed Amanda after discovering that she was transgendered. She had solicited him over tbe internet.

Desperately arguing to keep Everett’s post-conviction sentence as light as possible (it turned out to be 29 years in prison), Queens defense attorney John Scarpa made about as repugnant an agrument to Queens Supreme Court Justice Richard Buchter as the imagination could devise. “A sentence of 25 years to life is an incredibly long period of time, judge,” Scarpa protested. “Shouldn’t that be reserved for people who are guilty of killing certain classes of individuals? Who is the victim in this case?” he asked. “Amanda was engaged in a life of prostitution, life of drug use, HIV exposure. She was having sex with other individuals knowing she had the chance of spreading diseases….Is the victim a person in the higher end of the community?” he asked.

This theory would have ensured Jack the Ripper, had he ever been caught, a work release program, perhaps in a butcher shop. Continue reading

Comment of the Day: The “I ♥ Boobies” Saga

Me too! Uh, all in the interest of breast cancer detection and awareness, of course. Wait, what did you think I meant?

Me too! Uh, all in the interest of breast cancer detection and awareness, of course. Wait, what did you think I meant?

As is often the case, this topic interests me more than it appears to engage Ethics Alarms readers, so I was thrilled to see the following comment by Ulrike, who seems to share my belief that “Keep A Breast” Foundation is the ethics villain of this First Amendment skirmish, choosing buzz and cheap publicity over responsible messaging and being willing to throw well-aimed, legally immune monkey wrench into the classroom as well. 

Here is the Comment of the Day by Ulrike (who also has amassed a bumper crop of Ethics Alarms brownie points by being the blogs most determined volunteer proof-reader) on the post  The “I  ♥  Boobies” Saga.

I beg anyone’s pardon if you may find this off topic, but I really need to vent my anger about these bracelets: The message that these bracelets are sending out is not “Save your life by having regular check-ups!” but “Women are perceived as having breasts first, and subsequently as a person”. All this bracelet manages to do is to reduce women to their sexual attractiveness while fighting for their very lives. Well done, “Keep A Breast” Foundation. I wonder what bracelets girls and women who fell victim to aggressive breast cancer and lost one or both breasts are supposed to wear. Maybe “Don’t got boobies you can love anymore”? Continue reading

Six Questions Raised By A Horror Story I Wish I Had Never Read

I don't ant to live in a culture than could produce these people. Unfortunately, I have no choice.

I don’t want to live in a culture than could produce these monsters. Unfortunately, I have no choice.

Occasionally I read a news item that makes me question my illusions, my optimism, my aspirations, and the rationality of hope. The saga of Jonathan and Sarah Adleta, a couple whose match was made in Hell and whose crimes sound like the rejected plot submission of a Law and Order SVU script writer whose mind has snapped, is just such a story, perhaps the most disturbing I have ever encountered.

If you continue reading, consider yourself warned.

After college student Sarah Adleta became pregnant with Jonathan Adleta’s child and tests showed that the fetus was female, Jonathan told her of his long-held fantasy about having incestuous sexual intercourse with a daughter. A deal was struck: he would marry Sarah, if she agreed to allow him to have sex with their daughter as soon as it was possible. Continue reading

Ethics Dunce: Federal Judge Liam O’Grady

"I swear judge, I have no idea who that guy next to me is."

“I swear judge, I have no idea who that guy next to me is.”

When civil rights advocates point to the disparity of sentencing for non-violent African-American drug offenders and white, shameless, greedy crooks like Kathleen McGrade and her husband, Brian Collinsworth, my best course is to feign a seizure or something. I have no good explanation for them, except that judges like federal judge Liam O’Grady are a large part of the problem.

McGrade was a management analyst for the State Department who used her position and influence to fraudulently direct $53,000,000 in 43 government contacts for construction projects and security work at U.S. sites overseas to the Sterling Royale Group, whose Vice President and CEO were Collinsworth and her daughter Jennifer Herring. She did this by hiding her relationship to the company and its officers. The taxpayer-funded family bounty, meanwhile, allowed McGrade to buy a $73,000 Lexus, a half-million-dollar yacht and nearly $223,000 in jewelry. Continue reading

Encore: “Forgetting What We Know”

Rosemary's director is more horrible than her baby...because he's real.

Rosemary’s director is more horrible than her baby…because he’s real.

I noted with horror that Roman Polanski has a new film out that is, as usual, garnering rave reviews. Polanski is a perpetual burr under my metaphorical saddle, and when he is out of the spotlight I am a happier person. One of the early reviews, under the heading “About the director,” describes him this way:

“Roman Polanski is a Polish film director, producer, writer and actor. Having made films in Poland, Britain, France and the USA, he is considered one of the few truly international filmmakers.”

This leaves out what I would argue are the most important parts of his biography, namely that he is a child rapist and a fugitive from the law of the United States. He is also an ethics corrupter on a grand scale. When his name once again made its unwelcome intrusion on my senses, I recalled that one of the very first posts on Ethics Alarms, on Halloween of 2009, was inspired by Polanski. I read it again last night, and reflected on how the blog recently passed its 1,000,000th page view since its launch that same month. I like it, and not many people read it at the time. With a few small edits, I decided to post it again.

Here it is:

Ethics evolves. It isn’t that what is right and wrong actually changes, but that human beings gradually learn, sometimes so slowly it can hardly be detected. For example, slavery was always wrong, but for centuries very few people who weren’t slaves understood that fact. There was never anything immoral about being born gay and living accordingly, but it has taken all of the collected experience of civilization to make this dawn on most of society. While we are learning, and even after we have learned, there are always those who not only lag behind but who work actively to undo the ethical progress we have made. We assume these individuals will come from the ranks of ideological conservatives, misapplying valid concepts like respect for tradition, suspicion of change for change’s sake, and a reliance on consistent standards, making them slow to accept new wisdom . Sometimes, however, the people who try to make us forget what we know come from the left side of the political spectrum, misusing values such as tolerance, freedom, empathy and fairness in the process. This is especially true when it comes to the topic of sex. Liberals fought so long and well to break down the long-established taboos about sex that many of them lost the ability to comprehend that unethical conduct can  involve sex in any way.

The most striking recent example is the bizarre defense of Roman Polanski, best known as the director of the horror classic, “Rosemary’s Baby.” Continue reading

Unethical Website Of The Month: The California Republican Assembly’s CoveringHealthCareCA.com

Fake Obamacare site

“Unethical Website of the Month” doesn’t really do justice to CoveringHealthCareCA.com, and that’s even with the acknowledgement that this is the same Ethics Alarms category where the racist site Chimpmania is filed. CoveringHealthCareCA.com is an intentional effort to sabotage the Affordable Care Act in California, the one place where the “signature achievement” of the Obama administration didn’t completely collapse out of the starting gate. For Republican lawmakers to be doing this is beneath contempt, indefensible in every way, and the ethical equivalent of treason. The people who publish Chimpmania are hateful, vicious bigots, but they are marginal citizens and human beings. All societies have scum, and in the 21st Century, some of that scum will have racist websites. That is inevitable. It should not be inevitable for public servants to try to undermine their own government’s laws, health care system, and citizens for political gain.

CoveringHealthCare.com is a false flag website, launched by Republicans in the California Assembly to deceive Californians into believing it is an official Obamacare website, when it is, in truth, an anti-Obamacare website. Its address is similar—CoveringHealthCareCA.com vs. CoveredCa.com, the real site—and its design evokes the actual Obamacare sites. Its apparent purpose is to help citizens navigate the new health insurance system, except that once you begin clicking and reading, it slowly dawns–how slowly will vary— that this is something else, a collection of attacks and talking points against the Affordable Care Act. Continue reading

Adventures In The Land Of Double Standards: Sexual Harassment At Riverdale High

archie reversed

Nancy Silberkleit, the co-CEO of Archie Comics, has been accused in a law suit filed by her male employees of workplace gender discrimination and harassment because she referred to them as “Penis” instead calling them by their names. The lawyers representing Archie president Mike Pellerito, editor-in-chief Victor Gorelick, and others allege that Silberkleit used the term many times in a degrading manner, as, for example, when she began yelling “Penis! Penis! Penis!” during a business meeting.

This woman needs to work with Bill Maher.

They deserve each other. Continue reading

Cuomo Interviewing Cuomo? Of Course It’s A Conflict!

The interesting question isn’t whether CNN’s Chris Cuomo blithely interviewing the Governor of New York Andrew Cuomo—who happens to be his brother–is a conflict of interest and an example of unethical journalism. Of course it is. The interesting question is what it tells us about the state of U.S. journalism that such an interview could even occur.

Here are two prominent provisions of the Society of Professional Journalists Code of Ethics, requiring that ethical journalists…

  • “Avoid conflicts of interest, real or perceived.”
  • “Remain free of associations and activities that may compromise integrity or damage credibility.”

Is there any question that a CNN anchor man interviewing his brother regarding anything whatsoever violates both of these? Real or perceived? Compromise integrity or damage credibility? Seriously?

Cuomo the Anchorman was interviewing Cuomo the Governor regarding the recent train accident. Conflict? Sure: the journalist is supposed to have only one duty, and that is to his audience. But Cuomo the Anchorman obviously has another, potentially confounding duty of loyalty to his interview subject, and this he must not have. It calls into question his willingness to probe and, if the facts warrant it, to ask uncomfortable questions of his subject. If Chris Cuomo’s duty to his audience unexpectedly requires him to breach his loyalty to his own brother, which will he choose? We don’t know. Perhaps Cuomo himself doesn’t know. He was obligated not to place himself in a situation where the question even needed to be asked.

The various defenses being offered are, I have to say, misguided and disturbing. The usually sensible Joe Concha of Mediaite writes that the controversy is “much ado about nothing.” His reasons are … Continue reading