conflicts of interest

GlaxonSmithKline Inspires a Fun Game For Your Holiday Party: “Forcast That Ethics Scandal!”

/ Jack Marshall / 12 Comments

Almost all ethics scandals and examples of outrageous unethical conduct are thoroughly predictable, whether they involve individual, organizations or institutions. The most obvious proof of this is in politics. Once we consider past patterns, current conditions, institutional habits and what we know about human nature, the question when a new political party takes over isn’t whether there will be instances of bribery, influence peddling, self-enrichment, and conflict of interest, but only which elected leaders will be caught at it. Sometimes even that part is easy: everyone should have been able to guess, long before they occurred, that Tom DeLay’s ethics-free philosophy of politics as warfare would lead him to commit serious misdeeds, just as the odds against former Florida Rep. Alan Grayson running a fair or civil campaign for re-election were prohibitively high. Similarly, sports scandals can usually be seen coming a long way off. Once New England Patriots coach Bill Belichik was caught making surreptitious videos of his team’s opponents’ practices, it was easy to guess that he wasn’t the only one, and that since both he and his team were so successful, it would be only a matter of time before a similar incident came to light. And it did, last week.

As I look through various Ethics Alarms posts, it is striking how many of them could have been written in advance, in fill-in-the-blank format. All you need to do is identify an industry with a history of ethics problems, a weak ethics culture, a trusting, under-informed audience, the potential for increased profit, power or influence, and a large population of corruptible, lazy, incompetent, venal, ambitious or cowardly allies. I’m sure a computer program could be developed, but for this holiday season, why not forecast next year’s ethics scandals as a party game? Challenge your guests: Which TV reality show will be shown to have completely manipulated “reality”? Which revered sports figure will be disgraced in a sex or drug scandal? Which Wall Street firm will be caught violating the “sacred principles” posted on its website? Which school will suspend or expel a student for violating the letter of an overly broad and horribly-written rule without actually doing anything wrong? Which universally accepted scientific research will turn out to be the result of manipulated data? Which embarrassments of the Obama Administration will only be reported by Fox News, and which outrages committed by Republicans will the same network ignore?

And, of course, where will TSA employees put their hands next?

This occurred to me as I read about the recent Big Pharma-manipulating-medical-practice scandal, involving drug giant GlaxonSmithKline, while slapping my forehead and shouting, “Of course! This was the logical next step!” Continue reading →

CREW Gets Hoisted: For Ethics Watchdogs, Integrity’s a Bitch

/ Jack Marshall / 1 Comment

CREW—Citizens for Responsibility and Ethics in Washington—is one of the most active and fairest of political watchdog groups. It has a definite liberal bias, for approximately twice as many Republicans as Democrats manage to attract CREW critiques, but that’s all right: plenty of elected officials from both parties have had their shady dealings exposed by the group, which is notable for its lack of sympathy for Washington’s traditional myths and excuses to allow guilt-free corruption.

An ethics watchdog, however, can never engage in the same conduct it criticizes in others. The reason for this is as much practical as ethical. A group that made a strong case that certain behavior shouldn’t be tolerated by the public in its elected champions doesn’t diminish the validity of its arguments by violating its own principles, but it does symbolically consent to accepting the same standard of review for its own actions that it demanded for its targets. This is what Will Shakespeare called being hoisted by your own petard—blowing yourself up with a bomb of your own construction.

As Shakespeare also noted, the previous quarry of the one who is thus hoisted just love to see this happen. It doesn’t really make what they did any less wrong or the ethics watchdog any less right to have condemned it, but when the critic gets caught doing something similar, it can make the conduct seem less wrong. This also will often guarantee that future criticism by the watchdog will be greeted with more suspicion than respect.

Salon has a posted a well-researched account of how CREW hoisted itself recently, and the prospects for the organization maintaining its previous level of respect and credibility are not good. Continue reading →

No-Integrity Government: The U.S.D.A.’s Two-Faced Cheese Policy

/ Jack Marshall / 7 Comments

A question: How can Americans trust a government that preaches at them to eat healthily, avoid fat and lose weight, all while promoting the consumption of a food that is infamous for its saturated fat content?

Dairy Management, a cheese and dairy promoting entity under the umbrella of the U.S. Department of Agriculture, works with American companies to help them promote products, like Domino’s pizza, which are slathered in cheese and thus help raise the profits of U.S. dairy farmers. At the same time, the U.S.D.A. is spearheading an anti-obesity drive that cautions against eating high-calorie foods…like cheese. The New York Times has published a thorough report that tells of confidential agreements under the Bush and Obama Administration in which the U.S.D.A. pledged to push cheese consumption on the public. Continue reading →

The Ethics of Teacher-Student Facebook Friending

/ Jack Marshall / 13 Comments

Sometimes what appears harmless and benign at first glance starts looking inappropriate and unethical after we learn more about it. Social networking media has been teaching this lesson with alacrity over the last year, and we now have another example that will be making some friends of mine re-evaluate their Facebook friend list…I hope.

The New York Post has reported that least three educators from New York City  public high schools have been fired in the past six months for having inappropriate exchanges with students on Facebook, including one of which culminated in a sexual relationship. Continue reading →

A Real Estate Appraiser Discovers “the Appearance of Impropriety”

/ Jack Marshall / Leave a comment

You won’t find a better example of the ethical breach known as “the appearance of impropriety” than this, a question from a real estate appraiser posted on appraisersforum.com. (Note: This is one of the infuriating websites that won’t allow you to post a reply or a comment until you register, and then informs you that it may be a day or more before the registration is approved, so you still can’t post a comment. Yes, the site is so crucial that I will hold my comment…or maybe write it down and save it in a file labeled “pending Appraisers Forum comments”—and wait with palpitating anticipation while my plea to be allowed to interact with a bunch of real estate appraisers is evaluated for worthiness. )

Here is the question: Continue reading →

Unavoidable Bias in the Embryonic Stem Cell Research Controversy

/ Jack Marshall / 2 Comments

In the embryonic stem cell research ethics debate, I come out on the “pro” side. Nonetheless, a New York Times article this morning shows clearly how thoroughly and unavoidably biased scientists and researchers in the field are, leading to the conclusion that the decision whether stem cell research is ethical or not, and whether, or to what extent, it should be permitted, cannot be left to them.

The article, by Amy Harmon, begins,

“Rushing to work at Cincinnati Children’s Hospital Medical Center one recent morning, Jason Spence, 33, grabbed a moment during breakfast to type “stem cells” into Google and click for the last 24 hours of news. It is a routine he has performed daily in the six weeks since a Federal District Court ruling put the future of his research in jeopardy. “It’s always at the front of my brain when I wake up,” said Dr. Spence, who has spent four years training to turn stem cells derived from human embryos into pancreatic tissue in the hope of helping diabetes patients. “You have this career plan to do all of this research, and the thought that they could just shut it off is pretty nerve-racking.” Continue reading →

“The Ethicist” and His Definition of “Unethical”

/ Jack Marshall / Leave a comment

Eureka! Bingo! At last!

While explaining in this week’s column why he hesitates to label a manifestly unethical practice unethical, The New York Times Magazine’s ethicist, Randy Cohen, clarified a couple of questions that have been bothering me for quite a while. Why do so many people react so violently to my conclusion that they have done something unethical? And why does Randy Cohen, a.k.a. “The Ethicist” so frequently endorse unethical conduct, especially dishonesty, when he believes it is motivated by virtuous motives? Continue reading →

Sec. Geithner’s Dead Ethics Alarm

/ Jack Marshall / 11 Comments

The ethics problems in the financial sector are rooted in conflicts of interest, some willful, some systemic, some naive. The presumption of the Obama administration when it chose Timothy Geithner to be Treasury Secretary at this time of collapsing trust in bid business was that Geithner, a supposedly canny insider, would bring to the job an invaluable understanding of the systemic problems, and perhaps he has. But the fact that he also brought a stunning insensitivity to basic conflicts principles is disturbing. Continue reading →

It’s Ethics Dunce vs Ethics Dunce, as the DNC Condemns Fox For Not Giving Most Of Its PAC Money To Democrats, Like Objective Media Companies Do

/ Jack Marshall / 2 Comments

It took multilateral stupidity and hypocrisy to do it, but at least the issue is out in the open. The issue is whether media companies who cover politics under the guise of being objective should be giving large campaign checks to the political parties, especially when they give more to one party than another. Does the arm’s length relationship essential to objective reporting survive six and seven-figure donations? At very least, should media companies be required to make their political contribution choices very public?

This issue was raised in the wake of the parent corporation of Fox News, News Corporation, foolishly giving a whopping $1 million to the Republican Governors Association. This over-shadowed any amount the company has contributed though its political action committee to Democratic groups or causes, so the Democratic National Committee pounced, saying snidely:

“‘Fair and Balanced’ has been rendered utterly meaningless. Any pretense that may have existed about the ties between Fox News and the Republican Party has been ripped violently away. No Republican who appears on Fox can be seen as answering to an independent press and all should appear with a disclaimer for who they truly are – the favored candidate of the corporate-friendly network. No Fox News political coverage can be seen as impartial and all of it should have a disclaimer for what it truly is – partisan propaganda.” Continue reading →

Gift or Bribe? Barry Bonds’ Generosity to the NABJ

/ Jack Marshall / Leave a comment

Barry Bonds, the retired baseball slugger who used banned or illegal performance enhancing drugs to fuel a late-carer transformation that allowed him to grow from merely great into Superman, breaking every home run record in sight as a result, has adamantly maintained his innocence despite a mountain of circumstantial evidence, positive drug tests, and the verdict of common sense. He has also played the race card when it seemed convenient to his cause. Bonds’ cheating ways have made him rich beyond belief, and his only real problems now are 1) the likelihood of a Federal perjury trial next year in connection with his Grand Jury testimony that he never knowingly took steroids, and 2) the fact that few of the sportswriters who vote for the Hall of Fame seem inclined to enshrine steroid cheats, based on their rejection, so far, of Mark McGwire, whose steroid-assisted single season home run record Bonds broke while he was especially pumped-up.

Both of these problems could conceivably be helped by some positive press opinion, something that Bonds has never cultivated, being inclined to treat all journalists as if they were something he had to wipe off the bottom of his shoe. Thus it raised eyebrows when  it was announced that the charitable foundation created and controlled by Barry Bonds has donated $20,000 to The National Association of Black Journalists. NABJ president Kathy Times told the Associated Press that the money will be used to fund an annual award promoting entrepreneurial spirit. Continue reading →