contributions

Lunchtime Ethics Snack, 1/17/2020: Dirty Money, Dirty Baseball, And “Parasite”

/ Jack Marshall / 8 Comments

Yum or Yecchh?

1. And the baseball cheating scandal is still roiling! I feel sorry for ethics enthusiasts who are missing out on this fascinating episode because they shut down when baseball is mentioned. One emerging issue that focuses on “woke” (and in some quadrants, sadly, female) leadership models has become evident. The two managers fired in the sign-stealing scandal were part of the “new wave” of “collaborative” baseball managers that teams embraced in recent years. They are sensitive to the players’ needs; they don’t give orders as much as set flexible boundaries; they are not confrontational, and they absorb and guide the culture of the clubhouse rather than dictate it. Then we learn, in MLB’s report on its investigation, that when Houston’s A.J. Hinch discovered (in 2017) that his bench coach and his players were operating an elaborate sign-stealing operation that he knew violated the rules , he made it known that he disapproved, but never ordered them to stop. Now baseball commentators are saying that the Astros need to hire an “old school” manager (like the ones who have been put out to pasture over the last five years) who will be leader, who will lay down the law, and who won’t shy away from confrontation for fear of not being “collaborative.”

Duh. How did anyone come to think effective leaders should do otherwise? Leaders need to lead. Leading doesn’t have to be autocratic, but a leader who acts like Hinch did in this matter is no leader at all.

In another revelation regarding the scandal, the report by Baseball Commissioner Rob Manfred states that when Manfred put teams on notice in a Sept. 15, 2017 memo that using electronic means to steal and relay opposing teams’ signs during games would henceforth be  severely punished, Houston General Manager Jeff Luhnow “did not forward the memoranda and did not confirm that the players and field staff were in compliance … Had Luhnow taken those steps in September 2017 it is clear to me that the Astros would have ceased both sign-stealing schemes at the time.”

This is gross managerial negligence, and it puts Lahlow’s self-serving statement that he had no involvement in his team’s cheating in perspective. Continue reading →

Ethics Hero: Donald Trump, Jr.

/ Jack Marshall / 185 Comments

Donald Trump, Jr. just released the entire e-mail chain that the New York Times alluded to (without actually seeing it) in a front page story designed to advance the Russian-Trump collusion  narrative.

Good for him. It would be wonderful if this were the usual course, in the Trump administration and every other one. Stop stonewalling, get the facts out, and take whatever comes.

Observations:

1. New York criminal defense attorney Eric Turkewitz, seemingly displaying  the ethics of his breed, implies that Trump, Jr.’s attorney would have been telling him to delete the messages. That would be unethical, and quite probably spoliation, since the e-mails could be reasonably seen as likely to be sought in an investigation already underway. My assumption is that Trump’s lawyer approved the release. Maybe Eric would have too.

2. Vox, among others, are tracking down partisan election law lawyers who will argue that young Donald was violating election laws. I’m extremely dubious of that.

The relevant statute language:

A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting, or recommending that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value.

Unless one is determined to read the statute as meaning what it pretty clearly does not, “value” means monetary value, not “useful.”  “Value” could reasonable mean services, like spending time and resources hacking DNC computers. But handing over a document already acquired? How is that value if it didn’t cost anything? If the information was not illegally obtained by the Russians, and we have no way of knowing whether it was, then simply receiving proffered information that might be useful in a campaign doesn’t involve a campaign in a crime.

3.  “Colluding” is a pejorative term, but not a legal one. Is an American “colluding” with a foreign power once he or she has been told that the power wants a particular result, and the American takes steps to accomplish the same result, but in his own interests? Is that a crime? No. Continue reading →

Does A Church Receiving Dirty Money Cleanse It, Or Can Only The Government Do That?

/ Jack Marshall / 17 Comments
I can see why that $300,000 didn't last long...

I can see why that $300,000 didn’t last long…

For some divine reason it appears to be church day at Ethics Alarms, though I attribute much of the phenomenon  to my #1 topic scout Fred, who has been on fire of late.

David McQueen was the architect of a ruthless $46 million Ponzi scheme. While filling his own bank account, he also gave generously to Resurrection Life Church in Grandville, Michigan, one of the so-called “mega-churches,” as you can see in the photo above. McQueen donated about $300,000 in a three-year period, beginning in 2006, when the church was involved in a building project. See? He wasn’t so bad!

Assistant U.S. Attorney Matthew Borgula is involved in effort to reimburse victims by recovering some of the money taken by McQueen. The $300,000 looked like a nice chunk to go after, so he sent an e-mail to the church elders asking, pretty please, if they would give the money back.

The church said “No.” Continue reading →

A Good Reason To Question Chris Christie’s Ethics

/ Jack Marshall / 6 Comments
Thank you for that completely voluntary and generous contribution to the new ethics center at my alma mater! You can leave your cell now."

Thank you for that completely voluntary and generous contribution to the new ethics center at my alma mater! You can leave your cell now.”

In a long report published in the Washington Post a week ago, New Jersey Governor Chris Christie’s conduct as a federal prosecutor was examined, under the headline, “Chris Christie’s long record of pushing boundaries, sparking controversy.” This is euphemistic, to say the least. What the report describes is clear-cut, undeniably unethical practices by Christie. They were arguably legal and technically permitted at the time (though no longer), but never mind: they were unethical, and would quickly set off the ethics alarms of any ethical lawyer or politician. For Christie, they did not.

I’ll focus only on the main practice in question. The Post’s Carol Morello and Carol D. Leonnig write,

“As the top federal prosecutor in New Jersey, Chris Christie struck an unusual deal with Bristol- Myers Squibb. In exchange for not charging the drugmaking giant with securities fraud, Christie’s office would require it to fund a professorship at Seton Hall University’s law school — Christie’s alma mater.The $5 million gift, one component of a larger agreement between the company and prosecutors, was hailed by the school, in South Orange, N.J., as a cornerstone of its new center on business ethics.”

Now there’s irony for you: a center on business ethics funded with an unethical gift from security fraudsters. For the passage above just as easily, and more accurately, might have read: Continue reading →