Law & Law Enforcement

“Salt And Seltzer,” A True Life Ethics Spectacular!

/ Jack Marshall / 7 Comments

I can’t believe I am just writing about this wonderful ethics saga from 2005 now, after it had been sitting in my files for all this time. The story has everything: fine art, cowboys, nasty tycoons, fraud, irony, lawsuits, unethical lawyers and condign justice.

In 1972, Steve Morton, heir to the Morton Salt fortune and a noted California art collector, bought the 21-by-27-inch watercolor above, “”Lassoing a Longhorn,”  from the Kennedy Galleries in New York for $38,000. The Kennedy Galleries had purchased it from the Amon Carter Museum of Fort Worth, Texas, which had acquired it from its founder, Amon Carter, a collector of western art. The painting was signed by Charles Russell, along with Frederic Remington recognized as the master of Wild West fine art.  Morton decided to sell the painting in 2001, as the value of Russell painting had ballooned.He arranged to have the Coeur d’Alene Art Auction in Reno, Nevada handle the sale, and as was their practice, the auction house had the painting appraised.

Before agreeing to sell the painting, the auction house contacted Western art expert Steve Seltzer to examine the work, and he announced that it wasn’t a genuine Russell at all. He concluded that it was forgery by a a lesser-known western artist who forged Russell’s signature on the painting. If anyone would know, Seltzer would: the forger was his own grandfather, O.C. Seltzer. Continue reading →

Ethics Quiz: Those Illegal Immigrant Exporting “Stunts”

/ Jack Marshall / 20 Comments

In today’s Open Forum, veteran commenter Arthur in Maine writes in part,

I’m sure you’ve all heard about the fact that Ron DeSantis sent two charter planes loaded with illegal aliens to Martha’s Vineyard, which is about 10.5 miles south of me. I find this situation absolutely hilarious on the macro scale. But from an ethics standpoint, it’s more troubling.

1) The Biden administration has been flying illegals to airports all over the country and dumping them off. This, in my view, is unethical (as is the administration’s policy on the southern border). Essentially, DeSantis did the same thing, but that doesn’t make it ethical in return.

2) Conservative media is, in my opinion, overstating the reaction on the left. Unethical. That said, there’s enough pearl clutching on the left to make this all highly entertaining. To me. Which is unethical, and I’m not proud of it, but I never claimed to be perfect.

3) DeSantis’s timing could have been better. Most of the uber-rich limousine liberals with summer homes on the Vineyard head out around Labor Day. Had he done this in August, he actually could have made this a bigger story. Which would, of course, be unethical – but no more so than it already is.

4) The aforementioned pearl-clutchers on the left are calling this a political stunt, using illegal aliens as pawns. That argument is not without merit. But it’s curious that they didn’t seem to care much when the border states were bearing the brunt of hundreds of thousands of illegals by themselves. Which is… unethical.

DeSantis’s move, though it is funnier and more diabolical (can something be ethical and diabolical?), has to be considered in the same category as the busloads of illegals that were sent to the “sanctuary cities” of New York, Washington, D.C., and Chicago. The original idea was the inspiration of Texas Governor Greg Abbott, or a particularly creative advisor.

Your Ethics Alarms Ethics Quiz of the Day is…

Is it unethical for the governors of Texas and Florida to be sending illegal immigrants to ostentatiously progressive destinations?

Continue reading →

Morning Ethics Warm-Up, 9/7/2022: Neil, Sam, Kwame, Mehmet And More

/ Jack Marshall / 14 Comments

I took a wild guess that Neil had to have done this parody of his biggest hit because it was so obvious, and sure enough, I was right!

It’s not exactly an ethics story, but it does involve my home town of Arlington, Massachusetts: on September 7, 1813, a local newspaper in Troy, New York wrote about how Troy’s Samuel Wilson, a meat packer who supplied barrels of beef to the United States Army during the War of 1812, was being facetiously called “Uncle Sam” by soldiers because he stamped the barrels of meat “U.S.” The trivial story caught on and the nickname persisted. Decades later, brilliant 19th Century political cartoonist Thomas Nast (1840-1902) began using a character called Uncle Sam as the personification of the nation, giving Sam the white beard and stars-and-stripes suit that he still wears today. Troy, quite reasonably, later dubbed itself “The Home of Uncle Sam.” But Wilson was born in Arlington, Mass., and the town management, frustrated with its relative obscurity despite being in the midst of other Greater Boston tourist destinations like Concord, Lexington and Cambridge, decided a few decades ago to promote Arlington as “The Birthplace of Uncle Sam,” essentially horning in on Troy’s historical territory (Troy was not pleased). Arlington even paid to have a statue of Nast’s Sam designed, cast and erected.

Nobody cared.

1. More on “quiet quitting”:  Gallup estimates that at least half the workforce is “quiet quitting,” meaning that it does the bare minimum required to keep jobs rather than working to do their best. Gallup’s analysis blames management, which is certainly part of the problem. It does not address the serious cultural ethics issue of workers seeking to be excellent because it is beneficial for society as a whole and an embodiment of the Golden Rule, as well as a life habit that develops good character and justifies trust. Quiet quitters are just a few degrees better than freeloaders, an anchor on the nation, the economy and the quality of life. Continue reading →

Of COURSE Trump Having All Those Documents At Mar-A-Largo Was Unethical…Is Anyone Seriously Confused About That?

/ Jack Marshall / 12 Comments

Well, maybe Donald Trump. But definitely not Ethics Alarms.

At the Washington Examiner, editor and columnist Quin Hillyer writes that…

Former President Donald Trump’s defenders in the matter of the Mar-a-Lago documents controversy are defending the indefensible. Forget the legalities: For the sake of (spurious) argument, let’s stipulate that somehow Trump can concoct some looking-glass version of a legal argument that justifies his “authority” to do with the documents as he did. The point is that even if it was technically legal, it was wrong, wrong, wrong.

Heck, I’ll go farther than that; this is the proverbial low-hanging fruit. Donald Trump doesn’t know what ethics is: never has, never will. He decides what is “right” according to some secret personal algorithm that changes daily so it can’t be stolen, or something. His lifting government documents and storing them at his home without authorization after he had left office is as indefensible as any time an ex-employee takes property from the workplace home. Funny, I didn’t think that was even worth writing about; I do try to avoid the obvious here as often as possible.

Continue reading →

Ethics Quote Of The Week: Legal Ethicist Stephen Gillers

/ Jack Marshall / 16 Comments

“I don’t think a jury would convict him without proof of harm. I’m not sure I would…It has to be one-hundred-per-cent irresistible as a matter of law. There can be no fact, no event, no piece of evidence that could support any room for ambiguity.” 

—NYU law professor and legal ethics expert Stephen Gillers, reflecting on the chances of conviction arising from an indictment of Donald Trump for violations of the Espionage Act and other statutes making the mishandling classified information a crime.

Gillers’ position is similar to that of Alan Dershowitz, who also said last week that while there appears to be sufficient evidence to charge Trump (based on the heavily redacted affidavit Trump was mocking in his meme above), it would be unwise to do so. It would also be unethical prosecutorial conduct unless there is a significant likelihood that Trump could be convicted. It is unethical to make “the process the punishment,” and Attorney General Garland knows it.

This is why the raid on Mar-a-Largo was suspicious as well as a terrible precedent in the first place. In the absence of any demonstrated urgency, the raid looked like an effort to “mess Trump up a little” by treating him like a drug kingpin or a Mafia crime boss rather than with the deference every other former POTUS has received. This made it political theater rather than legitimate law enforcement, executed by a struggling administration apparently terrified of the previous President and his passionate supporters. Continue reading →

Someone Explain The Kobe Bryant Photos Case To Me, Because I Don’t Understand It At All

/ Jack Marshall / 31 Comments

It appears to be a triumph of “ick” over both law and ethics.

Kobe Bryant’s widow, Vanessa, was awarded $16 million as her part of a $31 million jury verdict Wednesday against Los Angeles County. Deputies and firefighters had shared gruesome photos of the NBA star; their 13-year-old daughter, Gianna; and other victims killed in a 2020 helicopter crash; the family of those other victims received the rest of $31 million. The nine jurors unanimously agreed with Vanessa Bryant and her attorneys’ argument that the photos invaded her privacy and caused emotional distress.

I’m sure they caused emotional distress. But how can an event that occurs in public be declared sufficiently private to have the protection of the right to privacy? If a journalist had taken the photos and published them, or shared them on a news website, presumably there would be no way Bryant’s widow would have a cause of action. I don’t see how a bystander with a cell phone could be blocked or sued either. These pictures were shared mostly among employees of the Los Angeles County sheriff’s and fire departments.They also were seen by some of their spouses and in one case by a bartender at a bar where a deputy was drinking. Well not to be unsympathetic, but so what? How does the right to privacy make reality a personal property protected by the law? If the bloody crash occurred where a crowd of a hundred people could see it, how would the law black them from taking photos and showing them to friends?

Continue reading →

The NY “Body-Snatchers” Case: Why Do Good People Do Bad Things? It May Be That They Aren’t The Good People They Think They Are….

/ Jack Marshall / 4 Comments

I intended to write a post after seeing Tony Dye’s 2010 documentary “Body Snatchers of New York” a few years ago. Through a series of interviews with law enforcement officials, lawyers, journalists and victims, it tells the story of a sensational case out of Brooklyn in 2006 where a former dentist and his associates operating a company called Biomedical Tissue Services of Fort Lee, New Jersey, conspired with funeral homes to steal human bone and skin from dead bodies. The tissue was then sold to various processing companies to make medical products, including dental implants and spinal disc replacements. These, in turn were sold to hospitals to be transplanted.

In some cases, the families of the deceased individuals were told that their loved ones had been cremated when in truth they had been carved up and skinned. One such body belonged to the late Masterpiece Theater host, Allistair Cooke. Biomedical Tissue Services made as much as $250,000 from processing each body. In addition to lying to families and not receiving consent to distribute tissue and bone from corpses, the company also routinely sold body remnants from dead individuals who had suffered from drug and alcohol addiction, cancer, AIDS, hepatitis, and other diseases that compromised the safety of the tissue without informing their purchasers, tissue recipients or their doctors.

Continue reading →

Ten Ethics Observations On This Head-Exploding Interview

/ Jack Marshall / 18 Comments

The president and vice president of the Minneapolis Federation of Teachers gave us the gift of this KABOOM!-worthy interview in which they respond to a pandering interviewer on Good Morning America about the “controversial” provision in the new teachers’ contract that is racially discriminatory. Ethics Alarms wrote about it here,earlier this week. The provision isn’t controversial: there is no legitimate controversy. The contract requires that white teachers be laid off before “teachers of color” regardless of seniority or any other factor. That’s illegal. It violates the Civil Rights laws and the Constitution. No question, no argument. Can’t do it. No controversy about that at all.

The two union officials’ smug, intellectually dishonest and evasive comments in the interview, if nothing else, demonstrate that neither is qualified to teach any students anything. Since they are the leaders of the Minneapolis teachers, and they are, the interview demonstrates in great measure why public education is failing.

Watch the interview, if you can stand it, and consider:

Continue reading →

Case Study (Not Related To Politics!) Of Our Incompetent News Media: The Murder Car’s Parking Tickets

/ Jack Marshall / 20 Comments

On CNN’s HLN, cheerleader-host Robin Meade was aghast this morning. The story: Bob and Angie Shepherd, who live in my current home town of Alexandria, Virginia, had their car stolen and used in a crime spree, including a murder in Suitland, Maryland. The immediate concern of Bob and Angie, however, is the $400 worth of DC parking tickets the crooks racked up using their car. The Shepherds have been charged with all of them, as owners of the vehicle. (DC is notoriously relentless in collecting parking fines.)

“Are you kidding me?” Bob Shepherd told reporters. “Car is stolen, involved in a homicide, and then you want to charge me for the tickets, even though I’ve given you all of the documentation showing that it’s been involved in a homicide?”

Continue reading →

“Nice Little Church You Got Here…Too Bad If Something Were To Happen To It!”

/ Jack Marshall / 12 Comments

Power abusers only put evidence of their nature on public display when they are absolutely certain that no one can or will hold them accountable. That certainly is the case with New York State Attorney General Letitia James, but then this has been the pattern with all of the (inevitably) Democrats in her office since the days of Eliot Spitzer and before. Her latest example of unethical use of her office, however, is especially ominous.

The pro-Trump Reawaken America Tour has been criss-crossing the U.S. for more than a year, and because speakers currently include former General Michael Flynn, a Trump ally, the Left has been trying to interfere with the event whenever possible. An online petition intimidated the owner of the Rochester’s Main Street Armory cancel its hosting of the event, so the Cornerstone Church in the tiny town of Batavia, NY. took over hosting duties. Borrowing heavily from the anti-speech petition (for talking about some topics are the equivalent of violence, you know), James sent a threatening letter to tour organizer Clay Clark and Flynn, along with the church itself.

Its objective: chill a legal gathering’s free speech rights by intimidation.

Continue reading →