conflicts of interest

“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 →

Charlie Rangel, Ethics Corrupter

/ Jack Marshall / 4 Comments

Rep. Charles Rangel—statesman, icon, war hero, and Congressional force of nature—stands accused of ethics violations many and serious, ranging from using his influence to raise money for an institution named after him, to accepting trips and other benefits from special interests, to failing to pay his taxes. Actually, “accused” is a technicality in Rangel’s case, or rather cases, because the facts are plain and damning in every single one. House Speaker Nancy Pelosi initially refused to do anything about Rangel (he was eventually asked to step down, if only “temporarily” from his position as Chairman of the Ways and Means Committee) by saying, “Wait for the results of the investigation.” She meant, considering the shameless politicization of the House ethics process, “Let’s see if he can skate by this time.” He couldn’t. Rangel did all of the conflicted, reckless and irresponsible things he has been accused of, and actually admits doing most of them. He refuses to resign, however, and proclaims his “innocence,” not because he didn’t do unethical things, but because he doesn’t believe it should matter. Continue reading →

“The Decision” and ESPN’s Ethics Fail: The Ombudsman Blows the Whistle

/ Jack Marshall / 3 Comments

ESPN’s special broadcast turning LaBron James’ choice (pompously called “The Decision”) regarding which N.B.A. he would allow to sign him for millions upon millions of dollars was a landmark in the demonstration of bad taste, ego, greed and arrogance by professional athletes . As the sports networks ombudsman, Don Ohlmeyer, points out in a column almost nobody will read (do you think many of ESPN’s followers are jazzed by issues of journalistic ethics?), it was also a low point in responsible journalism, and shattered  professional ethics standards left and right. ESPN let James’ representatives to choose its own paid interviewer and allowed control the content and ad sales in return for giving ESPN an “exclusive” and a ratings bonanza. The result was a journalistic ethics meltdown.

Some highlights of his criticism (you can read Ohlmeyer’s entire analysis here) : Continue reading →

The Amazing, Versatile and Unethical Goldman Sachs Code of Ethics

/ Jack Marshall / 6 Comments

Perhaps we all owe Goldman Sachs an apology. Everyone heaped outrage and ridicule the April spectacle of its executives going before the U.S. Senate and asserting under oath that they saw nothing at all unethical about intentionally selling “crappy” investment products to their trusting customers, then making money for their own firm by betting that the products would fail. Many were reminded of the tobacco executives, in the famous AP photo, all raising their hands to swear that they did not believe nicotine was addictive. After all, Goldman Sachs’s own website pledged openness, honesty, trustworthiness and integrity, saying,

“A critical part of running the marathon is acting consistently and playing a fair and honest game. ‘There’s only one thing we sell, and that’s trust.’ This applies to anything, but nowhere more than Investment Management. Clients trust us to do the right thing, and particularly when you’re in investment management and you’re appointed to manage clients’ money, they trust that you’re going to do it in a prudent manner. The worst thing you could do is breach that trust. We look for people who want to run the marathon, and who understand that trust fuels it.”

Now it seems that we were lacking a crucial document: the firm’s internal Code of Ethics, which Goldman Sachs recently made public. Under the provisions of this remarkable Code, what Goldman Sachs did to its clients wasn’t unethical at all; deceptive, conflicted, and unfair, yes…but not unethical, in the sense that it didn’t violate the Ethics Code itself. “Impossible!” you say? Ah, you underestimate the firm’s cleverness. Continue reading →

Super-Soaker Ethics at Joe Biden’s Party

/ Jack Marshall / 3 Comments

I don’t think I can do a better or more thorough job than Salon’s Glenn Greenwald at making crystal clear what is so ethically wrong with members of the Washington press corps happily frolicking with Vice President Biden, Rahm Emanuel and other administration Obama officials at Biden-hosted party, so read his column here. Not that what Greenwald says shouldn’t be immediately obvious, especially to the journalists themselves, but it obviously isn’t. I just heard Judith Miller, the former New York Times reporter turned Fox flack, laughingly say that she used to share an Amtrak car with Biden when he was a Senator to get inside information, and she didn’t see why accompanying him on a water slide was any different.

Oh, come on. Continue reading →

Avocations and Conflicts of Interest, Part II

/ Jack Marshall / Leave a comment

As if to give ethical guidance to conflicted umpire Joe West, a similarly conflicted judge has shown Country Joe the way by quitting the bench to avoid ethical conflicts.

Admittedly, the ethical issues surrounding independent filmmaker/ New Jersey Judge Kenneth Del Vecchio are a little bit different from Joe’s. One of his creative efforts was called “O.B.A.M. Nude,” and was a satirical critique of the President, though Del Vecchio played the Obama-like hero himself. A judicial ethics panel opined that his film exploits raise the specter of an ethical conflict under the Code of Judicial Conduct, presumably including the section that reads, Continue reading →

Avocations, Conflicts of Interest, and Country Joe West

/ Jack Marshall / 7 Comments

Some employers are troubled by the avocations and outside activities of employees, a concern that often deserves a  defiant “none of your business” in response. However, sometimes the concern is justified, such as when the avocation adversely reflects on the individual’s reputation to the extent that it harms his or her ability to perform, or when the avocation actually interferes with the job, such as a when a recreational rugby player keeps missing work because of injuries. Another problem is when the avocation creates a conflict of interest in which conduct that may be good for the avocation undermines the job.

The latter is exemplified by Major League Umpire Joe West, who fancies himself a country music singer and songwriter when he isn’t calling balls and strikes. As nicely narrated on the blog “It’s About the Money,” West has long been the most flamboyant and combative of umps, as proven by the fact that a lot of people know his name. Umpires aren’t supposed to be stars, celebrities or personalities: if you notice a particular umpire, it is almost always because he has made a mistake.  They are important, however. Their acuity of sight and judgment are called upon many times in every game, and can make a significant difference in scores, standings, championships and careers. Like judges, they have to be trusted, and their integrity above suspicion. “The Common Man,” who wrote the blog post, believes that West’s singing career, such as it is, creates a conflict of interest that undermines that trust, and worse, warps his judgment on the field. Continue reading →