Professions

Ethics Dunce: Secret Service Agent Kerry O’Grady

/ Jack Marshall / 35 Comments

Here is a Facebook post by O’Grady, the special agent in charge of the Secret Service’s Denver district, who oversees coordination with Washington-based advance teams for all Presidential trips to the area:

facebook-secret-service

 

This was in October, and was seen by her Facebook followers including current and former Secret Service agents. In addition to being a declaration of disloyalty, the social media post is  a Hatch Act violation, which among other things prohibits a federal employee from “posting a comment to a blog or a social media site that advocates for or against a partisan political party, candidate for partisan political office,or partisan political group,” and also from using  social media to “distribute, send or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.”

Never mind that, though. Continue reading →

Fake Legal Résumé Ethics

/ Jack Marshall / 14 Comments

fake-resume-usaWhat the legal profession will regard as conduct that calls into question a lawyer’s honesty sufficiently to disbar him is a mysterious and unpredictable area. Remember, John Edwards never received as much as a rap on the wrists for his exorbitant lying to hide the fact that he had a mistress and a love child while he was running for President in 2008. Now the Michigan Attorney Discipline Board has been affirmed in its decision to disbar lawyer Ali Zaidi for having false credentials and representations on his professional resumé.

I would expect that to send chills down many a lawyer’s spine, since professional resumés of lawyers and non-lawyers alike are so frequently loaded with puffery that it is almost an “everybody does it” ethical breach. (This is my favorite, the long-time lie of Clinton crony Bill Richardson.) Fortunately for most of them, the Rules of Professional Conduct involving honesty are narrowly interpreted to exclude all but violations of law, breaking official pledges, defaulting on loans and lying under oath, unless they involve the actual practice of law. (Lying to a judge, to a client or in a brief is career suicide.) Does a resumé fudge qualify as the unethical practice of law? Not usually: Ziadi’s must have been something special.

It was. Continue reading →

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

/ Jack Marshall / 11 Comments

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 Quotes Of The Week: Ann Althouse And Molly Hemingway

/ Jack Marshall / 11 Comments

“A strong media is required to hold politicians accountable and help preserve a functioning republic. Our media, who are swinging wildly from eight years of sycophancy into an era of cartoonish hostility, are in no position to hold anyone accountable. This is a crisis, and one that nearly everyone except those in the media establishment and the political movement they support seems to recognize.”

—-The Federalist’s Mollie Hemingway in an essay titled 4 Recent Examples Show Why No One Trusts Media Coverage Of Trump.

“Should they be ousted if they are not playing the role the place supposedly symbolizes? Are they representing us, the People, who, collectively, elected Trump, or are they representing the Democratic Party? I don’t know that the symbolism is what should determine whether the press has that space or some other space, but I don’t think the press — with respect to the Trump administration — represents the people. I think the statement “They are the opposition party” is much more accurate. Too bad they did that to themselves. We could use a vigorous, professional press.”

—Blogger Ann Althouse on the possibility that the Trump White House will move the press corps next door into the Executive Office Building.

The two quotes accurately sum up my assessment of the state of the news media with regard to its level of trustworthiness and its future relationship with administration with the Trump Presidency. After a campaign in which the news media’s biases were not only flagrant but defiantly so, what was needed desperately was a profession-wide dedication to objectivity and non-partisan journalism. Instead, stupidly, destructively, the mainstream news media has doubled-down, fawning over Obama as he exited the office with a shocking lack of humility and grace, and, as Hemingway accurately states, descending into “cartoonist hostility” before Trump even took office. Continue reading →

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 2

/ Jack Marshall / 7 Comments

pope-trump

Part II of the Worst continues with education horrors, legal outrages, the Lie of the Year, and more.

Above? That’s obviously the…

Fake News of the Year.

Now the rest..it doesn’t get any better.

Biggest KABOOM! 

exploding-head

The YMCA Slavery Recreation.  You know, even looking through this category was dangerous. I had forgotten about all these stories, which, by definition, were all horrible. This one, from February, however, had to be the winner. The YMCA Storer Camps in Jackson, Michigan included an “educational” activity called “Underground Railroad” in which black children were asked to play runaway slaves, as some teachers and camp instructors acted as slave masters, chasing them down using real horses. Once captured, the children were “auctioned off.” The principal of the school that subjected its pre-teen students to the slavery simulations rather than the other better known YMCA camp activities like nature hikes, kayaking, canoeing, horseback riding and sitting around campfires responded that he didn’t expect the uproar, since no student had ever complained before.

Most Unethical High School Discipline

Red Mountain High School  in Mesa, Arizona. On a dare from a friend, high school football player Hunter Osborn briefly flashed his naughty bits in the team photo. Nobody noticed, including the yearbook’s faculty advisor, so the photo was published in the school yearbook.  Months later, the gag was discovered. Even though the photo was so small that offending nudity was virtually invisible to the naked eye, the school had Osborn was arrested and charged with 69 counts of indecent exposure. The charges were dropped because none of the 69 “victims” pressed charges.

Most Unethical No-Tolerance Action

hazel-tweet

John Glenn High School in Suburban Detroit.  The offense: “Inappropriate use of electronics in the restroom.” The conduct: Hazel Juco, a 17-year-old student, went to the school’s bathroom to wash her hands. When she turned on the faucet, ugly brown water came out. She then used her cell-phone to take photos of the discolored water and posted it to Facebook and Twitter.

She was suspended, but eventually social media and the local news vindicated her. The water was polluted, and the school district admitted that Hazel was punished for doing the right thing.

Most Unethical School Teacher

(Excluding Rapists)

A Tie! 

1. Malik Leigh, a teacher in Palm Beach Lakes High School’s pre-law academy a kindergarten teacher at Captain Johnston Blakely Elementary on Bainbridge Island, Washington‘

Leigh’s specialty is indoctrination. Aming his exam questions last year…

“If Donald Trump becomes president of the United states, we are:

A.) Screwed

B.) Screwed

C.) Screwed

D.) Screwed behind a really YUGE wall that Mexico pays for.”

and…

“When performing an opening statement, it is best to:

A. Wink at the Judge

B. find the hottest person on the Jury and focus your words on them

C. Speak to them as if they are cordial friends.

D. Treat them like the MORONS they are.”

He was suspended.

Good.

2. “Jill Watson.” You can’t be a more unethical teacher than when you’re not a teacher at all. Or human.

Naked Teacher of the Year

Leigh Anne Arthur, In a completely warped and unfair application of the Naked Teacher Principle, school district officials in Union County demanded and received the resignation of the engineering teacher  after a student stole her phone, examined its contents and found a semi-nude selfie  intended for her husband’s enjoyment only.The student, who  warned her that “something bad was coming,” sent the images to other students through text messages and social media Arthur sued the school board for wrongful termination, but recently dropped the suit.  The student was charged with a computer crime and voyeurism. The Naked Teacher Principle holds that

A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result. The first formulation of the NTP can be found here.

This obviously does not apply to Arthur. Ironically it would apply to the incoming First Lady if she were a teacher, and arguably applies still, since the First Lady is a role model.

Double Standard Of The Year

pelosi-tweet

Progressives and Democrats, who performed an immediate U-turn as soon Donald Trump won the election, and after having expressing outrage and indignation when Trump had suggested, about a month earlier, that he might not “accept the results of the election,” which he had claimed was “rigged,” immediately challenged the results of the election, and claimed it was rigged.

And they are still doing it today.

 Lie of the Year

and

Jumbo of the Year

Jumbo film Continue reading →

More Ethics Observations On The Chicago “Fuck White People” Torture Video

/ Jack Marshall / 31 Comments

new-york-times-nytimes-building-cc

1. Is the mainstream media reporting on this incident a tipping point in which the public finally sees and recoils from the dishonesty and the manipulation it is routinely subjected to?  Coming on the heels of the election, the biased reporting on the Chicago attack as well the take of many pundits and on-air personalities have been especially shameless. It has pulled other themes and events along with it, such as Meryl Streep’s grandstanding at the Golden Globe Awards. I hope it’s a tipping point. It is for me, I think.

2. Rod Dreher has a superb essay about the media’s spin on this story and its implications—spin or outright lies—and his analysis is excellent. I recommend reading it, and also the comments, which are erudite and probing as well. As an aside: what a pity it is the ideologies in this country have become so hostile that no liberal or progressive would ever venture onto a site called “American Conservative,” and even citing a post from such a site automatically opens someone like me to the accusation of pushing a partisan agenda. As I have written and will continue to (The recent Ethic Alarms posts covering the attack and the news media’s distortion of it are here and here), the fact that even now, after its coverage of the campaign was scandalously biased and many organizations have emitted loud mea culpas, this refusal to report facts and continued partisan team play is proof that what once was annoying is now an existential crisis. Democracy will not work if facts have no meaning, and the truth is parceled out according to a political agenda. What follows is totalitarianism. Unless liberals and progressives see the threat and join in demands for reform, the likely future is bleak.

3. From Dreher:

“Earlier today in New Orleans, I had been having lunch with some friends, both liberals and conservatives. The issue of how so many Americans now don’t have much interest in truth (as distinct from believing what they want to believe) came up. Of course there was the matter of Trump’s dishonesty, but also the matter of the media’s ethics. I said that I read and subscribe to the Times mostly for the same reason Soviets used to read Pravda back in the day: to know what the Official Story the ruling class wishes to tell itself is. That’s not to say that the Times doesn’t feature excellent reporting and good writing; it does. But I don’t trust it to tell me the truth. I trust it to reveal to me the narrative that the greater part of the ruling class (minus the Republican elites) tells itself. That’s a useful thing to know, as long as you know that you’re only getting a take.”

4.  A lot came together for me after learning from Dreher that both  the Times and  Salon  attempted to bypass the anti-white, anti-Trump aspect of the attack and represent it as an anti-handicapped hate crime. Dreher cites Steve Sailer, who wrote,

So, you have your marching orders, right? The video of blacks abusing a white kid has nothing to do with virulent prejudice against whites or Trump, it has to do with Society’s prejudice against the intellectually disabled minority.

Do you understand your mission?

As you know, it is a priori impossible for Victim-Americans to abuse American-Americans. So, the victim must have been a Victim-American.

5.  Is it possible that this was what actress Meryl Streep was doing when she picked an old but horrible example of Trump at his worst during the campaign,  his mockery of a handicapped reporter, to launch her Golden Globes attack on the election results, average Americans, football, immigration laws and the MMA?  Continue reading →

Now THAT’S A Trump Bribe…Wait, Wait, I Mean The APPEARANCE Of An ALLEGED Bribe!

/ Jack Marshall / 6 Comments
Why is Pam smiling?

Why is Pam smiling?

After his election victory, Donald Trump agreed to pay out $25 million in settlement  of claims against the new defunct Trump University. In September, before the election, the Florida Attorney General’s office had announced that that there were “insufficient grounds” to proceed with a fraud probe of the school. Three years earlier, it had announced that it was considering such a probe in anticipation of legal action against Trump University.

Four days after that threat, Donald Trump’s personal charity illegally donated $25,000 to a political group supporting Florida Attorney General Pam Bondi’s re-election campaign. Bondi personally solicited that donation from Trump just as her office was deciding whether to pursue the Trump U. investigation. (This is almost certainly an prosecutorial ethics violation, as well as being obviously corrupt.) This revelation by the Associated Press emerged during the campaign, and was swamped by all the other Trump controversies at the time.

Yesterday, Trump’s transition team told Bloomberg that Pam Bondi has accepted a job in Trump’s White House. Continue reading →

Major Ethics Alarm: American Journalism Is Crumbling Before Our Eyes [Signature Significance]

/ Jack Marshall / 19 Comments

wapo

This from the Washington Post. Yes, to illustrate the upcoming Inauguration Day women’s protest in Washington, D.C., the paper’s graphics artists and editors used the symbol for male when they intended to use the symbol for female. You know, this:

female-symbolThis is one of the most prestigious newspapers in the nation. That this could happen is signature significance: such ignorance, carelessness, and incompetence indicts the process, the personnel, management, and the miserable education system that allows people this inept and illiterate have positions of power and influence. Such a mistake couldn’t occur in a properly run high school newspaper.

It would be hilarious, if it wasn’t so depressing.

“Start The Car!” Ethics

/ Jack Marshall / 18 Comments

“Start the car!” shouts the woman in a ubiquitous IKEA TV commercial for its “Winter Sale.” She has received her receipt, and  the total is so low that she assumes there has been a mistake.  She quickly exits the store with bags of purchases, and while running calls to her husband in the car outside so he will pick her up and hit the gas before someone comes to reclaim the merchandise or demand more payment. As they drive away with what she thinks are her ill-gotten gains, she lets out a whoop of triumph.

The narration explains that IKEA’s sale prices are so low, this how you will feel.

The commercial is unethical. It trivializes and normalizes theft, and rejects the ethical values of honesty, integrity and responsibility. Apparently the ad has been running internationally for a long time (it only just started showing up in my region) and is very popular. Writes one industry commentator, “People relate to the message because at one point or another while shopping we’ve all had that feeling that we just got away with something.”

Really? I haven’t. My father didn’t either (my mom was another story.) I’ve told waitresses and clerks that they undercharged me. I’ve returned excessive change. I’ve handed back money to tellers when two bills stuck together. You don’t? What the hell’s the matter with you? Were you raised by Fagin?

Though the commercial was a hit and positively accepted in all of the nations where it was viewed, there is hope:  it also received many negative comments and complaints. An Advertising Standards Board—I cannot for the life of me find out which; the U.S. has no such board. I’m guessing Sweden— thus considered whether this advertisement breached   its Advertisers Code of Ethics.

The breach would be that the commercial isn’t socially responsible, since it represents taking merchandise from a store that hasn’t been fully paid for as normal and acceptable conduct. The Board viewed the advertisement in light of the complaints and decided that the ad was ethically inoffensive.

Guess why.

No, go ahead, guess.

Continue reading →

Major Ethics Alarm: American Journalism Is Crumbling Before Our Eyes [Part 2: Sounding The Alarm]

/ Jack Marshall / 21 Comments

flag-american-crumbling

The analysis below was preceded by Part I: Signature Significance. I suggest reading it first. After listing and commenting on several recent examples of news media bias and incompetence, the post ends with the Ethics Alarms starting point for ethical analysis:

What’s going on here?

What’s going on is pretty terrifying. There is literally no major news media outlet that isn’t biased and untrustworthy, and the profession does not appear to care. Is it denial? Is it terrible training? Is it a misguided sense of mission? Arrogance? Whatever it is, it is res ipsa loquitur–it speaks for itself.

Don’t argue that the news media isn’t always wrong or constantly allowing partisan bias to skew its reporting: the point is the same as what Ethics Alarms explained in its Snopes post.  Once bias is manifest, the reliable reporting must occuring spite of that pollution, and there is no way for the public to know when it is being informed according to proper journalism ethics, and when it is being manipulated. The examples above are egregious. They would not have been permitted even 20 years ago, and yet now they are.

This doesn’t require much acumen to spot the problem, or elaborate measures to address. Look at the examples in Part I. How hard is it to figure out that once a reporter has been shown to be colluding with one party over another, it’s “Bye-bye and welcome to the baby zoo animal beat!” If it is so impossible for a Sunday news show to find four expert commentators who aren’t in Trump-freak-out mode, it’s time to upgrade the potential guest pundit list. When an anchor wildly mistates a fact like the McConnell quote that has been repeatedly debunked, 1) correct it, 2) apologize, and 3) give her a few days off without pay. How hard is that? It’s not hard, unless the entire profession is so devoid of ethical training and habits that it literally doesn’t know how to be honest, objective, fair, competent and responsible…you know, as in trustworthy.

Professions are obligated to police themselves. It shouldn’t be a conservative media watchdog site like Newsbusters that reveals Camerota’s unconscionable repetition of the long-debunked claim that Republicans vowed to obstruct Obama “from Day One”, it should be CNN’s competitors, or CNN. Brian Stelter, CNN’s own media watchdog, didn’t report on any of these episodes, because he has been dedicated to playing defense for his network, denying that news media bias exists. On October 16, just before another Wikileaks dump showed how many mainstream media journalists were regarded by the Clinton campaign as allies, Stelter engaged in a long sneerfest mocking the idea, which he attributed to Trump, that the news media was biased against Trump and trying to elect Clinton, beginning with… Continue reading →