Law & Law Enforcement

Ethics Quiz: The Elizabeth Holmes Sentence

/ Jack Marshall / 20 Comments

A Federal judge sentenced Theranos, Inc. founder Elizabeth Holmes  to eleven years and three months in prison last week. Essentially the judge had limitless options, with only execution being off the table. Based on the maximum sentences for each the four crimes she was convicted of, she theoretically could have been given the equivalent of life in prison.  Prosecutors asked for a 15-year sentence, three years of supervised release, and more than $800 million damages. The layers for Holmes, now 38, had asked for home detainment, community service, and no more than 18 months in prison. (My son spent half that in jail for a reckless driving offense when he was 18. Just for perspective….)

What did Holmes do? Wikipedia has an excellent one-stop summary: the short version is that she invented a purported blood testing system that didn’t work, faked data, sucked in investors, doctors and patients, made billions, and engaged in all manner of lies, threats, manipulations and schemes to avoid the consequences of her actions. The government argued that Holmes deserved a severe punishment because “dozens of investors lost $700 million and numerous patients received unreliable or wholly inaccurate medical information from Theranos’ flawed tests, placing those patients’ health at serious risk.” This is undoubtedly true. Her defenders counter than “she didn’t kill anybody,”  she is a first time offender, and her crime was one of non-violence. This is also true.

Your Ethics Alarms Ethics Quiz of the Day is….

Is Holmes’ 11 years+ sentence for her massive, 15-year fraud fair, just, proportionate and in the best interests of society—in short, ethical?

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Who Couldn’t Tell That The Chrisleys Were Crooks?

/ Jack Marshall / 10 Comments

Gee what a surprise.

Since my sock drawer has been in desperate straits, I missed the news that Todd and Julie Chrisley, the oogy, greed-obsessed mater and pater in the family reality show “Chrisley Knows Best,” had been convicted of federal charges of financial fraud and tax evasion in June. They are going to be sentenced today, maybe for as much as 30 years each, while having to disgorge about 20 million bucks of ill-gotten gains.

I watched less than ten minutes of the USA series maybe five years ago, got nauseous, and never went back. I was immediately reminded of the marketing line for the slasher film “Black Christmas”, “If this movie doesn’t make your skin crawl, it’s on too tight!” It seemed screamingly obvious that this family that gorged on bad taste, conspicuous consumption and nouveau riche excess and smuggery was as corrupt and ethically inert as human beings could be. Even as accustomed as I was to really awful and/or sick people being the stars of these trashy shows—Danny Bonaduce, Scott Baio, Ryan O’Neal, the “Jersey Shore” cast, Anna Nicole Smith and so many others—the Chrisleys were special, so throbbingly vile that I would be tempted to investigate anyone who tuned in for more than one episode.

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Ethics Dunce: Jennifer Siebel Newsom, Wife of California Gov. Gavin Newsom

/ Jack Marshall / 6 Comments

…and aspiring First Lady, presumably.

Jennifer Siebel Newsom, a former actress and documentary filmmaker testified in the L.A. Harvey Weinstein trial yesterday. The wife of California Gov. Gavin Newsom (reportedly a possible 2024 Presidential candidate when the Democrats decide to kick Joe Biden to the curb from which he never should have escaped in the first place) told the court that the once powerful Hollywood producer and major Democratic Party donor raped her in a hotel room in 2005. She spoke of the devastating effect it had on her in the 17 years since…wait, what? Let’s go through that again 2005? And she never told the police or warned any of the other women who Harvey went on to sexually assault, rape and abuse? Why would that be?

“Because you don’t say no to Harvey Weinstein,” she ‘explained.’ “He could make or ruin your career,”

Oh.

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Latest Development In The Search For The Greatest Stupid During The Age Of The Great Stupid: On Broadway, A “Good Racism” Classic!

/ Jack Marshall / 11 Comments

I have come to the realization that those apathetic, half-awake Americans who shrug off the creeping fanaticism of the antiracism, “diversity, equity and inclusion” mob must not follow developments in the show business and entertainment world, for there the most throbbingly stupid and hypocritical outbreaks of The Great Stupid inevitably occur.

Last month, the ridiculous non-traditional casting version of “1776” opened. Ethics Alarms has discussed it a couple of times: the conceit of casting the Founding Fathers as female, non-binary, trans colonials of color is a naked “Hamilton” rip-off that mocks the show and our history for political grandstanding. As anyone could have predicted, it stinks, though the naturally sympathetic and woke theatrical critic community didn’t have the guts or integrity to say so outright. No, most of them just issued mealy-mouthed deflections like the Times critic, who wrote in part after delivering the mandatory “what a good idea!” virtue-signaling about what was always, absent a miracle, a wretched idea…

….the performances are so vastly histrionic and unchecked by the social situation (this is Congress, after all) that they seem inside-out….It does not help that the new arrangements and orchestrations, aiming to refresh the songs’ profiles in the way the casting is meant to refresh the story, merely make them muddy — and make many of the lyrics unintelligible….

When performers mime the emotions we should be having, the storytelling contract has been broken….What a wasted opportunity!…Instead we get subtracted value. I don’t mean for the cast, who deserve the opportunity, or even for the theater as an industry and an ecosystem….But underlining one’s progressiveness a thousand times, as this “1776” does, will not actually convey it better; rather it turns characters into cutouts and distracts from the ideas it means to promote…. theater makers should have enough faith in the principles of equity and diversity to let them speak for themselves. Are they not, as someone once put it, self-evident?

But of course equity and diversity are not self-evident, and the complete confusion over casting ethics demonstrates this fact beautifully. Let’s see: BIPOC performers can be cast as anyone, regardless of color, ethnicity, gender or race, but white performers can only play white characters. Turning a white fictional character black is to be desired whenever possible (Tangent: My CVS is filled with black Santa dolls and images. Where are the Hispanic and Asian Santas?) but making a fictional character of color (a FCOC) white is “white-washing,” and racist. “The Simpsons” won’t allow white vocal actors to do the voices of a black doctor or an Indian 7-11 owner, but Will Smith can voice a Middle Eastern genie without controversy. Ariel the Little Mermaid will be sung by a black actress; true, they turned Arial black first, but don’t think the same actress wouldn’t  have voiced her if they hadn’t: Diversity! Inclusion! Meanwhile, Tom Hanks said it was wrong for him to be cast as a gay man, though gay men portray about 50% of all the heterosexuals you see on screen and stage.

Clear? Of course not! These aren’t rules or principles: this is racially motivated Calvinball, compensatory racism and related discrimination under the cloak of imaginary virtue.

And yet we hadn’t reached peak stupid yet. Is this latest episode it? Probably not, but behold: Continue reading →

One More Time: Hold Gun-Owners Criminally Liable When Something Like This Happens

/ Jack Marshall / 7 Comments

We have covered such incidents before, but it bears repeating.

Tiffany Callaway, a Miami-Dade Corrections officer, left her five children unsupervised in her home while she was working. While she was gone her 13-year-old son got a shotgun out of a firearm case in the master bedroom closet. He accidentally discharged it. His eleven-year-old brother was fatally shot in the chest, and died.

In a masterpiece of gall, Callaway started a GoFundMe page to attract donations. “Imaging life without him is something we never thought we’d have to do as a family,” she said.

“Only goes to show it can impact anybody in the community,” said Miami-Dade Police Director Alvaro Zabaleta in another fatuous pronouncement that misses the point. “It” won’t “impact” anyone who doesn’t leave young children alone with access to deadly weapons.

Apparently no charges will be filed against the officer. Ridiculous.She is 100% responsible for the death of her child and the trauma to the older child who fired the weapon. She was negligent to leave them alone in the house, negligent in not training them regarding gun safety, and negligent in not having the gun secure, Police say they are investigating whether the gun was properly secured—what is there to investigate? A kid got a hold of the gun, which was loaded, and fired it! Of course it wasn’t properly secured: it it were properly secured, no one would have been killed.

No wonder anti-gun fanatics think guns just kill people all by themselves.

Watermelon-Smashing Ethics: The Sad Tale Of The Brothers Gallagher

/ Jack Marshall / 6 Comments

Prop comic Gallagher, once a college campus comedy superstar, died last week, reviving memories of a classic ethics family drama with many life lessons attached.

Gallagher (first name, never used professionally: Leo) was an acquired taste that I never acquired, but he had many TV specials, a famous bit (smashing things, especially watermelons, with a sledgehammer), and even ran for Governor of California. In 1987, researchers at Loma Linda University in Southern California took blood samples from medical students while they watched Gallagher’s antics. Their white blood cell levels increased the more they laughed at him. His comedy, the study concluded, strengthened their immune systems.

Why hospital staffs don’t smash watermelons in cancer wards, I don’t know. But I digress.

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Suspend Sunny Hostin’s Law License

/ Jack Marshall / 8 Comments

A mere Ethics Dunce designation for The View’s Sunny Hostin isn’t sufficient, because she’s a regular co-host on ABC’s daily cultural offal pile where all of the women are ethics dunces at best. Hostin’s one of the worst, which is quite an achievement, but she’s also a lawyer, making her admission yesterday especially despicable.

I’ve seen the video several times but can’t find a way on Word Press to embed it. Sorry: you can view the evidence on Twitter here. Babbling on about voting with the ladies, Sunny expressed suspicions regarding how absentee ballots were being handled, because, she explained, she had an odd experience while dropping off her son’s absentee ballot which she had filled out for him.

Hostin is a different kind of idiot than the other idiots on the panel: she’s an arrogant, cocky idiot who thinks her law degree means that her idiotic opinions aren’t idiotic. Thus she admitted committing a federal crime on national TV and didn’t even realize it. I’d guess the average first year law student could figure out that this is a serious violation of the Rules of Professional Conduct in every U.S. jurisdiction. Not Sunny, though.

It isn’t a technical violation either; it’s serious. Usually unethical conduct by lawyers when they aren’t practicing law are ignored by bar disciplinary committees, but Rule 8.4, Misconduct, holds that “It is professional misconduct for a lawyer to:

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Oh! Now After Eight Years Of Accusing A Renowned Law Professor And Lawyer Of Sexual Assault, You Now Think You “May Have Been Mistaken!” Sure, OK!

/ Jack Marshall / 6 Comments

Wait, what?

Someone here has been very unethical, and probably criminal. I wonder who?

From the New York Times:

Virginia Giuffre, a victim of Jeffrey E. Epstein who for years maintained that the law professor Alan Dershowitz had sexually assaulted her when she was a teenager, settled a defamation lawsuit against Mr. Dershowitz on Tuesday and said that she might have “made a mistake” in accusing him.

In a joint statement announcing the settlement, Ms. Giuffre said, “I have long believed that I was trafficked by Jeffrey Epstein to Alan Dershowitz. However, I was very young at the time, it was a very stressful and traumatic environment, and Mr. Dershowitz has from the beginning consistently denied these allegations.

“I now recognize I may have made a mistake in identifying Mr. Dershowitz,” her statement said.

The joint statement announced the end of litigation between Ms. Giuffre and Mr. Dershowitz — who had also sued her — as well as of two other lawsuits between Mr. Dershowitz and the lawyer David Boies that stemmed from Ms. Giuffre’s accusation….

The terms of Ms. Giuffre’s deal with Mr. Dershowitz were not immediately clear on Tuesday, though the statement and the court filing said that no payments were made by any of the parties.

I don’t understand this at all. Is there any doubt that there is a lot, including a secret, back room agreement, that we are not being told about? My mind is still a bit foggy, so I can’t recall all of the movies I have seen where crucial witnesses in mysteries, crimes and conspiracies making almost the exact same statement Virginia Giuffre is quoted as making, recanting previous accusations and assertions they appeared to be absolutely certain of but suddenly had second thoughts after finding their dog hanging from a tree, or a horse head in their bed, or receiving a third party check for a lot of money. But boy, there are a lot of them. Continue reading →

Morning Ethics Warm-Up, 11/7/2022: Approaching Dread Edition

/ Jack Marshall / 8 Comments

Speaking of threats to democracy: this is the anniversary of the day in 1944 that voters elected Franklin Delano Roosevelt to a fourth consecutive term. There is little question in my mind that had FDR been healthier, he was perfectly capable of deciding to run for fifth and sixth terms too; this was a looming American dictator who wasn’t hiding it, and Americans still blithely voted for him. Everything about Roosevelt made him the template for a democracy-busting, cult-of-personality Big Brother USA, including his ruthlessness. We were lucky: another of the many examples proving Bismarck right when he said, “There is providence that protects idiots, drunkards, children, and the United States of America.”

Oh, he probably didn’t say it, but I’ve taxed quote maven Tom Fuller enough for one week…

1. For my own mental health, I’m going to eschew reading the pre-election freak-outs by New York Times pundits showing up today with titles like “Republicans Have Made It Very Clear What They Want to Do if They Win Congress” and “Dancing Near the Edge of a Lost Democracy.” Still, I couldn’t resist starting to read “What Has Happened to My Country?” but quit when Margaret Renkl made me read, “…Right-wing politicians and media outlets have turned American democracy upside down through nothing more than a lie. They put forth Supreme Court candidates who assure Congress that they respect legal precedent but who vote to overturn Roe vs. Wade the instant they have a majority on the court….”

There is nothing inconsistent about respecting precedent while deciding that a particular case precedent is too misguided and destructive to uphold, Margaret.

“…They endorse political candidates who openly state that they will accept only poll results leading to their own election….”

No candidate has stated that, openly or otherwise, Margaret, you hack.

“They denounce calamities where no calamities exist…”

That was it! I quit. A mouthpiece for the party claiming that electing Republicans will destroy democracy, whose #3 ranking official in Congress compares the U.S. today to Germany in the 1930s when Hitler was on the rise [Pointer: Other Bill], that thinks “The Handmaiden’s Tale” is about to become reality because of the Dobbs decision, and that has gone all in on speculative climate change doomsday predictions does not get to say that about Republicans and be taken seriously.

2. Dangerous slippery slopes ahead….NBA superstar Kylie Irving shared a tweet that promoted the “Hebrews to Negroes: Wake Up Black America” documentary and book. Both are, by all reports, pretty vile, with familiar anti-Semitic tropes like Holocaust denial and claims of a world-wide Jewish conspiracy. There is nothing inappropriate about employers disciplining employees who put their organizations in unflattering light that might hurt reputations and profitability, nor with the Brooklyn Nets suspending Irving for “at least five games” without pay over the controversy. That’s reasonable, even a bit lenient. He responded with a publicist-drafted apology. Then Nike announced that it is suspending its relationship with Irving and will not release Irving’s highly anticipated new shoe, the Kyrie 8, which was scheduled to be released this month.

That’s also fair. A celebrity who represents a corporation and its products can’t engage in high profile prejudice and expect to keep the gig. The loss of the Nike deal will cost Irving many millions of dollars, and that’s what happens when you embarrass a business partner. However, now the Nets have given Irving an ultimatum of sorts: in order to rejoin the team and start collecting his salary, he must.fulfill six requirements:

  • Apologize and condemn the film he promoted
  • Make a $500,000 donation to anti-hate causes
  • Complete sensitivity training
  • Complete anti-semetism training
  • Meet with the ADL and Jewish leaders
  • Meet with team owner Joe Tsai to demonstrate an understanding of the situation

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Weird Tales Of The Great Stupid: The “Ghost Horses”

/ Jack Marshall / 9 Comments

We haven’t had Sheriff Bart and the Waco Kid as guests here for a while, and this story seems like an appropriate one for their illumination. I know I keep saying that The Great Stupid has reached Peak Stupid only to find something worse, but I don’t know how one gets dumber than this. The tale out of Lake County, Ohio is even more ridiculous than Biden’s speech last night.

For some reason known only to the rogue neurons involved, the Lake County mounted police decided that it would be a grand Halloween gesture to costume their horses as “ghost horses.” Never mind that nobody knows what a ghost horse looks like. My only clue is the various versions of “The Legend of Sleepy Hollow,” in which the ghostly Headless Horseman rides a black steed with red glowing eyes. Then there were the ghost horses in Disney’s “Darby O’Gill and the Little People,” which were just horses you could see through. It would never occur to me, if I were asked to imagine a ghost horse, that one would look like a normal horse under a sheet with little eye holes cut in it. Nonetheless, that’s what those whimsical cops came up with, as you can see:

Now, since the ghostly steeds made their appearance on Halloween, I admit that was a big clue to the cognitively engaged regarding what the cops were going for.  Nonetheless, many residents, we are credibly informed, were alarmed because they thought these were Ku Klux Klan horses.

“That was poor execution for a ghost,” said one offended resident. “You go back and look at pictures of the Ku Klux Klan, it’s like the exact replica of what the horses looked like.”

Well, now, that’s not exactly accurate. It is true that the Klansmen sometimes had their horses in white sheets… Continue reading →