World Series Ethics: Another Pine Tar Sighting, As Baseball Ethics Rot Gets A Thumbs Up From Legal Ethics Rot

October 31, 2015October 31, 2015 / Jack Marshall / 21 Comments

Cameras during Game #2 of the 2015 World Series revealed that Kansas City Royals catcher Sal Perez had what appeared to be pine tar on his shin guard during the game. This would presumably be there for the purpose of surreptitiously smearing some of the gunk on the ball, then throwing it back to the pitcher so he could “get a better grip on the ball,” a.k.a “tamper with the baseball so it can do loop-de-loops.” This is illegal. It is cheating. According to Rule 8.02(a)(2), (4) and (5), the pitcher shall not expectorate on the ball, on either hand or his glove; apply a foreign substance of any kind to the ball; [or] deface the ball in any manner. The rule is unambiguous, and if a pitcher or a catcher is caught violating the rule, they are thrown out of the game with a suspension and fine to follow.

None of this happened to Perez or his pitcher that night. According to NBC Sports blogger Craig Calcaterra, a former practicing lawyer who I am officially disgusted with, the reason was that “Nobody cares,” including Calcaterra.

I wrote extensively about Major League Baseball’s unethical attitude toward violations of this particular rule last year, after an absurd sequence in which Yankee pitcher Michael Pineda was caught by TV cameras apparently using pine tar on his pitches without compliant from the opposing Red Sox, followed by Sox manager John Farrell saying that he hoped he would be “more discreet” about his cheating “next time,” and then when Pineda was more obvious about it next time, Farrell complained to the umpires, who threw Pineda out of the game (he was also suspended). I wrote, Continue reading →

Baseball, Moral Luck, And Ike’s Big Lie

October 25, 2015 / Jack Marshall / 24 Comments

Dwight D. Eisenhower lied in a signed pledge in order to play football as a West Point student. Had the false assertion been discovered, the Allied Forces would have had a different commander, and the Cold War would have been fought on the U.S. side by a …Adlai Stevenson, if not Herman Goering. Ike never mentioned his ethical and very uncharacteristic breach of military conduct in his memoirs, but the incident seems to have haunted him all his life.

President Eisenhower played the outfield for Class D Junction City, a professional minor league team, in 1911. Ike used a false name—“Wilson”— to maintain eligibility for collegiate athletics. He was 20 years old and hit .355, but he wasn’t aiming for the big leagues. “I wanted to go to college that fall and we didn’t have much money,” General Eisenhower told the Associated Press in 1945. “I took any job that offered me more money, because I needed money.”

When Eisenhower joined the Army’s football program at West Point, he had to sign a form saying he was never compensated for playing a professional sport. The assumption is that Ike signed, but the document has never been found. Had his lie been discovered whgile he was at West Point, he would have been kicked out of the Academy. Had the falsely signed document surfaced while he was President, it would have been a serious embarrassment for both Ike and the military.

My guess is that it was “lost.” Continue reading →

Ethics Corrupter Weekend, Part IV. How To Make A Trump

October 25, 2015 / Jack Marshall / 6 Comments

“I could only give you a B. If you want an A, you’ll need to apply yourself…”

Former Pennsylvania high school teacher Wesley Amy was convicted last week of changing the grades of female students in exchange for their nude pictures.

Amy was a State College High School teacher before he was charged with corruption of minors. Three female students testified that their teacher allowed them to cut classes and gave them high grades for no work as long as sent him nude photos. What a deal.

The arrangement was discovered when another teacher testified that when she took over Amy’s class, she found that some of the female students were receiving good grades without doing any documented work. The fact that this kind of untrustworthy species of teacher (and human being) flourishes in our schools is not news any more, but this is more sinister in some respects than the run-of-the-mill Mary Kay LeTourneau. Wesley Amy was still teaching these students; he was teaching them the sleazy ways of corruption, quid pro quo, short-cuts and fakery. Why should they care if their perv teacher gets off on their selfies? They’re getting great grades, and as their corrupting parents and others keep telling them, it’s not the education that matters, it’s the grades and the diploma. What’s the matter with this arrangement? Nothing, in their eyes. Listen to Donald Trump, the GOP front-runner, talk about how people do what you want them to do in you make it worth their while. They have, thanks to Mr. Amy, learned that corruption and bribery pays.

The prosecutor says the girls were brave to testify under the circumstances. What was brave about it? What would have been brave, and what would have proved that the previous decade of public schooling, not to mention the guidance of their parents, left them with at least the seed of understanding right from wrong, would be if they had reported their teacher’s offer five minutes after it was made.

They didn’t, though.

It was too good a deal to pass up.

___________________

Graphic: Riverfront Times

Ethics Alarms attempts to give proper attribution and credit to all sources of facts, analysis and other assistance that go into its blog posts, and seek written permission when appropriate. If you are aware of one I missed, or believe your own work or property was used in any way without proper attribution, credit or permission, please contact me, Jack Marshall, at jamproethics@verizon.net.

JEB! Cheater! Unethical! DISQUALIFIED

October 13, 2015October 13, 2015 / Jack Marshall / 8 Comments

The plant, overacting…

Donald Trump was speaking at a Jon Huntsman / The Hill “No Labels” event, a female audience member later identified as Lauren Batchelder posed as a feminist Trump antagonist. You can see the exchange in the video below…

But she was not a typical audience member; she is a paid staffer of a GOP Senator and a volunteer for the Jeb Bush campaign, as a recent tweet demonstrated.

The news media, looking desperately for someone to embarrass Trump, began framing the narrative an a pro-choice audience member who “Trumped Trump.”

A little research, however, showed that Lauren Batchelder is a current staffer for pro-life Senator Kelly Ayotte (R-NH), and is currently also working in New Hampshire as a volunteer for the Jeb Bush campiagn. In other words, she was a plant, she was misrepresenting herself, and this was a contrived cheat to mislead the American people while undermining Trump for the benefit of Jeb Bush. Batchelder, like any good conspirator, tried to cover up, deleting her tracks on social media. The Last Refuge, however, preserved some:

[LinkedIn Profile HERE] [Twitter HERE] [Instagram HERE] [ FaceBook HERE]

The Bush fallback position, not surprisingly, is that she was a rogue staffer, acting on her own. The campaign’s words, however, were more focused on changing the subject. Allie Brandenburger, a spokeswoman for Bush’s campaign, said Batchelder is not a paid staff member ( OK, she’s a volunteer, a distinction without a difference) and attended the convention on her own (or so he claimed), but then immediately tried to change the subject, saying in an e-mail, “We can’t help but notice Mr. Trump does seem to be very sensitive about being challenged by women.”

Yes, we understand; That’s why you set this up. This was obviously a talking point, since Tim Miller, Bush’s spokesman, tweeted nearly the exact same thing, saying, “For what its worth, Lauren is not a Jeb staffer but the Jeb staff is amused by how sensitive Donald is to being challenged by women.”

Funny, I’m not amused. At best, Bush, Ayotte and the Republican establishment failed to properly train and supervise a staffer and volunteer sufficiently. More likely, she was given signals, like the IRS was in its illegal sabotage of Tea Party groups, that encouraged her to engage in unethical conduct. Most likely, it was a Nixonian dirty trick by a desperate, flailing, failing candidate. Unless Bush can prove that it was a case of negligent management on his part, and that proof cannot consist of Batchelder falling on her sword, and apologize appropriately to Trump and the public, then we must assume that the worst explanation is the right one.

As before, I consider making Donald Trump appear to be a victim an irresponsible and incompetent act. As of now, I consider Jeb Bush to be desperate, untrustworthy, and foolish. He has no credibility as a leader, a campaigner, or a potential President.

_________________________

Sources: Washington Post, Last Refuge

Weekend Comment of the Day #2: “The VW Scandal: Huge Consequences, Simple Ethics Lessons, Ominous Implications”

September 28, 2015 / Jack Marshall / 4 Comments

The second Comment of the Day, from prolific commenter Michael R, explores how the Volkswagen plot may have been nourished by industry-crushing over-regulation.

Here is his Comment of the Day on the post, “The VW Scandal: Huge Consequences, Simple Ethics Lessons, Ominous Implications”:

This scandal is worse that you present it. When you look at it, our government encourages such conduct. When you look at what happened, it sure looks like our wonderful Democrats hate the United States and the companies and working Americans. In 1998, the government went after US diesel manufacturers for a less-devious defeat device (it seems that it worked only when the engine was under strain and the emission controls worked at least some of the time during normal operation). They were fined and had to pay for environmental remediation to the tune of $1 billion. The software was not as essential to the running of the engines as VW’s, as the companies were able to make the engines compliant with a software fix.

Continue reading →

Weekend Comment of the Day #1: “The VW Scandal: Huge Consequences, Simple Ethics Lessons, Ominous Implications”

September 28, 2015September 28, 2015 / Jack Marshall / 2 Comments

Weekend comments at Ethics Alarms are typically down about 20% on weekends, but they often make up in quality what they lack in quantity. There were several comments that materially enhanced the posts that inspired them, and I’m going to begin the week’s ethics safari by featuring a few as Comments of the Day.

The first is from Charlie Green on the VW scandal. This is his wheelhouse, and I was hoping he’d weigh in.

This is his Comment of the Day on the post, “The VW Scandal: Huge Consequences, Simple Ethics Lessons, Ominous Implications”

(I’ll have a brief note at the end.)

A similar point was made about the evident contradictions in ENRON’s mission statements. Just as this is an ethics issue, so is it a trust issue, and one I’ve been writing about as well.

The only thing I’d add is to caution against the simplification that these are conscious evil-doers. The truth is always messier.

I’m sure very few employees at VW felt a fully conscious awareness of wrong doing on their parts. That doesn’t mitigate the importance of full on prosecution of leaders, but it does mean we need to recognize the nature of human frailty and group-think, as well as the huge impacts of environment.

Demonization doesn’t work here past a few top people —like [resigned CEO]Winterkorn, who has no excuse for not having known. But this is also a particularly strong case for the proposition that environments pollute moral behavior – it’s not just bad apples.

The best case I’ve seen for this argument is here:
http://www.nytimes.com/2015/09/25/business/international/problems-at-volkswagen-start-in-the-boardroom.html?_r=0

And a great case for moral outrage not just at individuals but at our overall institutions is today, from the great Henry Mintzberg, here:
http://www.theglobeandmail.com/report-on-business/rob-commentary/volkswagen-corruption-crisis-isnt-a-scandal-its-a-syndrome/article26479332/comments/

To paint this as just a few evil blackhats gone wild is to miss the true nature of evil – it’s endemic in the culture, and that’s much scarier.

I’m back, just to note that Charles’ message is the one that had become the career cause of social scientist Phillip Zimbardo, whose work I have referenced several times.

The VW Scandal: Huge Consequences, Simple Ethics Lessons, Ominous Implications

September 27, 2015September 27, 2015 / Jack Marshall / 19 Comments

In case you were too distracted by the Pope, you probably noticed that Volkswagen has been caught red-handed in a massive scandal involving cheating on the emissions testing of 11 million diesel-powered cars sold in recent years. The costs to the company may be as much as eighteen billion dollars in the US alone. This is by far the biggest of the many automotive scandals—the fiery Pinto, GM’s deadly ignition switches, Toyota’s self-accelerating cars or Ford-Firestone’s exploding tires—in scope, if not in public policy impact.

Diesel is more popular in Europe than in America, in large part because of environmental testing standards. Gasoline engines emit more carbon dioxide, diesel engines, which are more efficient fuel-wise, emit far more nitrogen oxides (NOx) than gasoline engines. Since the introduction of the US Clean Air Act of 1970, NOx emissions are subjected to more stringent controls than CO₂ emissions here, while across the pond, CO₂ is more tightly controlled than NOx. Thus diesel automobiles make up one third of the passenger vehicle fleet in Europe, but are a relative rarity in the U.S. The sales of diesel cars has been on the rise in recent years, however. Now we know why.

Volkswagen, which manufactures many of the beasts, devised and installed a code functioning as a “defeat device” to sense when one of its diesel vehicles was being tested for nitrogen oxide emissions. test. Once a test was detected, the software would reduce torque and NOx emissions, while under normal conditions, that is, when the vehicle was not being tested for emissions, the car would be guided by a separate program that would increase acceleration, torque, and fuel economy.

Clever! Also unethical and, obviously, illegal. Continue reading →

The Last Of Deflategate, And What It Means

September 10, 2015September 10, 2015 / Jack Marshall / 27 Comments

I have received a lot of mail seeking my reaction to a judge reinstating Tom Brady and vetoing Roger Goodell’s harsh punishment decree. My reaction is that this is bad for football, the NFL, and the culture, and one more step toward validating cheating as an accepted cultural norm, not just in sports, but in the nation itself. Once upon a time, sports were supposed to model good sportsmanship, integrity and fairness. This episode demonstrates how far from that we have come. It is a serious and troubling development.

From a legal standpoint, I get it. I assumed that Goodell knew the limits on his own power: silly me. Apparently the NFL’s labor deal neutered the absolute power of a Commissioner to do what he felt was necessary to protect the integrity of pro football. Unions seldom care about the integrity of their game, at least not when their members’ money is involved. The original sports league commissioner, baseball’s Judge Kenesaw Mountain Landis—Damn! Why didn’t we name our son “Mount McKinley Marshall”?—banned Shoeless Joe Jackson and his team mates from baseball forever after a jury had acquitted them of throwing the World series for bribes. His drastic action probably saved baseball, and has influenced the sport to this day. Goodell’s failure, in contrast, promises to do lasting harm.

Remember, the judge didn’t exonerate Brady; he just ruled that Goodell didn’t have the power to punish him. There is no doubt in my mind that Brady cheated, just as there was no doubt in the NFL’s investigator’s mind. There is also no doubt that you could not prove Brady’s guilt beyond a reasonable doubt. The idea behind absolute power in a sports commissioner is that sports contests must be viewed as being fair or people will stop watching, and any hint of cheating and corruption must be banished. I agree with that idea. Baseball flunked its most crucial recent test when Bud Selig didn’t have the guts to pull Barry Bonds off the field when he was breaking records on steroids (and everyone knew it); pro football has been flunking one test after another. Society is becoming more cynical and more tolerant of cheating, and I think professional sports are as much a cause as a symptom.

Why am I convinced Brady cheated? Many factors, none of which individually are conclusive:

The conditions under which the cheating took place: bad weather, a play-off game, the team behind.

The Patriots’ well-established contempt for the rules.

The fact that a quarterback knows the feel of his tool, footballs, and that an experienced one like Brady could not possibly have been unaware that the balls he was throwing were even a little bit underinflated.

Brady’s evasive, smug, wink-wink ha-ha demeanor in multiple venues regarding the incident, like a high school jerk who knows he’s getting away with something and thinks its hilarious.

The immediate “everybody does it” defense from Brady’s fellow quarterbacks. (That’s not a defense. That’s an admission.)

The “it didn’t matter, they would have won anyway” defense from the same quarters. This is also an admission of cheating. Cheating is wrong whether it works or not, and whether it is necessary or not. NFL fans don’t even know what’s wrong with cheating any more….because the players don’t.

Some of the absurd defenses raised by Brady’s defenders, including his team, like the argument that one of the equipment guys involved in the incident was only called “the Deflator” in a contemporaneous text message because he was on a diet.

The fact that Brady destroyed his cell phone to avoid its contents being searched. This is spoliation, the destruction of potentially incriminating evidence, and suggests, but doesn’t prove, guilt. If he had done it in a criminal investigation, it would have been itself a crime. Ethically, the act is just as wrong whether it is a crime or not. (See: Clinton, Hillary)

I believe most Patriots fans know he cheated too. They just don’t care: he’s their star, and the team won the Super Bowl. The ends justify the means. Continue reading →

The Ashley Madison Files

August 20, 2015August 21, 2015 / Jack Marshall / 39 Comments

Gee, what a great company. Why would anyone want to harm it?

The unidentified hackers who stole damning customer information from the adultery-facilitating site AshleyMadison.com are finally posting the data online. A huge data dump was posted on August 18, and another on August 20. The files include account details and log-ins for some 32 million users of the social networking site, which calls itself the premier site for married men or women seeking partners for affairs. They include seven years of credit card and other payment transaction details, going back to 2008, millions of payment transactions, names, street address, email address and amount paid, but not credit card numbers.

“Ashley Madison is the most famous name in infidelity and married dating,” the site asserts on its homepage. “Have an Affair today on Ashley Madison. Thousands of cheating wives and cheating husbands signup everyday looking for an affair…. With Our affair guarantee package we guarantee you will find the perfect affair partner.”

Nice. I named this scummy site an Unethical Website of the Month on the old Ethics Scoreboard in 2005, writing in part,

Adultery leads to shattered families, ruined finances, psychically damaged children and deep emotional scars all around. Most if not all spouses will eventually find themselves in a vulnerable state where unhappiness, anxiety, and stress have them primed to make an impulsive and ultimately destructive decision to pursue an illicit relationship. These are the times when people need good advice, counseling, and perspective. These are the times when AshleyMadison.com instead offers the tools they need to tear apart their commitments, vows and lives: secrecy, betrayal, selfishness, and irresponsibility…Yes: it is all legal. But inducing people to hurt others while subjecting themselves to the risks of remorse, financial ruin, and even violence is far worse than many crimes…

America is having enough trouble keeping its families together without having slick web sites working to tear them apart.

Observations:1. This couldn’t happen to a more deserving company. By all means, let’s catch and prosecute the hackers. As for the harm they did to Ashley Madison: good.

2. Regarding the company’s clients: nobody should have any sympathy for them whatsoever. They were cheating, lying and doing harm by definition, and to those who loved, trusted and depended on them. Their wrong is far greater than the wrong done to them, and without their wrong, no wrong could have been done to them.

3. The AP reports:

WASHINGTON (AP) — Hundreds of U.S. government employees – including some with sensitive jobs in the White House, Congress and law enforcement agencies – used Internet connections in their federal offices to access and pay membership fees to the cheating website Ashley Madison, The Associated Press has learned.

The AP traced many of the accounts exposed by hackers back to federal workers. They included at least two assistant U.S. attorneys; an information technology administrator in the Executive Office of the President; a division chief, an investigator and a trial attorney in the Justice Department; a government hacker at the Homeland Security Department and another DHS employee who indicated he worked on a U.S. counterterrorism response team.

Are these cheaters trustworthy, or fit to serve in the government? No. I can understand, sympathize and to some extent accept, the spontaneous, unintended passionate adulterous affair that is neither planned nor sought. It is not, at least, premeditated, and that is a mitigating factor. This conduct, using AshleyMadison.com, isn’t motivated by love, but by a desire to betray. I don’t want government officials who are in the habit of betraying others. If they will betray their families, why would they hesitate to betray me?

UPDATE: Attorney Jay Wolman explains the strong class action case AshleyMadison.com users now have.

Senator McCaskill, A Cheater And Proud Of It

August 12, 2015 / Jack Marshall / 25 Comments

Inexplicably, Richard Nixon never wrote an article boasting about how his campaign forged an attack letter that tricked Edmund Muskie into an emotional meltdown that let George McGovern get the 1972 Democratic nomination. Strange…

What is increasingly disturbing is that so many of our representatives and high elected officials appear to have no idea what ethical conduct is. This leads them, as Donald Trump did in the Republican candidates debate, to boast about their unethical conduct in public and assume that the public, as well as the news media, will nod approvingly. It is more than disturbing that they are usually correct, and thus are both exploiting the nation’s ethics rot and contributing to it as leaders are uniquely able to do.

This was what the leader of Senate Democrats, Harry Reid did when he expressed no remorse for lying about Mitt Romney during the 2012 campaign (“Romney lost, didn’t he?”). Now, in a signed article in Politico, Sen. Claire McCaskill (D-Mo.) has explained how she gained re-election by manipulating the democratic process in Missouri. Obviously, she sees nothing the matter with what she did: the article is essentially one long gloat.

With it, she marks herself as a cheat, a fick, and an ethics corrupter, as well as a disgrace.

But she’s a winner, so it’s all good!

In the essay called “How I Helped Todd Akin Win — So I Could Beat Him Later,” McCaskill explains how, after her campaign identified Todd “Legitimate Rape” Akin as the weakest Republican candidate to run against her, it ran cognitive dissonance ads engineered to increase his support among the most ignorant and extreme Republican primary voters. She writes,

So how could we maneuver Akin into the GOP driver’s seat? Using the guidance of my campaign staff and consultants, we came up with the idea for a “dog whistle” ad, a message that was pitched in such a way that it would be heard only by a certain group of people. I told my team we needed to put Akin’s uber-conservative bona fides in an ad—and then, using reverse psychology, tell voters not to vote for him. And we needed to run the hell out of that ad….Four weeks out we would begin with a television ad boosting Akin…then we’d go back into the field and test to see if it was working. If it was, we’d dump in more “McCaskill for Senate” money, and we’d add radio and more TV in St. Louis and Kansas City. ..As it turned out, we spent more money for Todd Akin in the last two weeks of the primary than he spent on his whole primary campaign..

Let me explain this so even the most hopeless “the ends justify the means” partisan can understand it. The idea behind democracy is to have the best possible candidates run for office, and to give the public good choices rather than lousy ones. Each party has an obligation to run a fair competition to find the candidate it believes is 1) best qualified for the office and 2) most able to prevail in the election. It is not fair, ethical or legitimate politics for the opposing party to interfere with this process to ensure weaker competition. This is not fair to the public, which has a right to have a good choice, not a horrible one. It is also undemocratic. It is wrong, no matter how clever it is. Continue reading →

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