fraud

Morning Ethics Warm-Up, 2/6/18: Yes, It’s Another “Trying To Get The Warm-Up Written While Rushing Around To Get Ready For An Early Morning Ethics Presentation” Edition…

/ Jack Marshall / 22 Comments

good morning…

1 Responsible parties nominate responsible candidates 1. In Chicago, a permanently Democratic district has  no serious Republican candidates, so Holocaust-denier Arthur Jones, a whack-job who has run in this district seven times, is poised to get the nomination. “To me the Holocaust is what I said it is: It’s an international extortion racket,” Jones told the Chicago Sun-Times. Nice. Anticipating the attacks on the Republican Party if he is its representative in the election this fall, Ann Althouse writes, “Should this be used against the Republican Party? Sure, if you’re into taking whatever comes your way and incorporating it into ruthless propaganda for your party. Ironically, that would be Naziish.”

Wrong. I don’t know where the idea came from that a political party organization is obligated to act like a potted plant, but it isn’t. A party’s obligation is to the public, democracy, and the ideals the party and the nation represents. It does not and should not allow a candidate who doesn’t meet minimal standards of competence and responsibility to use the party to achieve political power. Let such people run on their own, or start a Holocaust Denial Party, or National Nut Ball Party, or the Green Party (Kidding!), or something. . A responsible party vets its candidates, and tells those who don’t stand for basic American values or who are unqualified that they don’t get to use the party for their ends by default.

If you check back, this was the Ethics Alarms position on Donald Trump. The Republicans shouldn’t have allowed him to run for the nomination, and even after he did, his conduct in the debates and elsewhere justified its refusing to nominate him at the convention. They don’t deserve to be called Nazis for nominating him, but they don’t deserve an ethics pass, either. The fact that he won is irrelevant. Continue reading →

I LOVE IT When This Happens!

/ Jack Marshall / 21 Comments

Two recent Ethics Alarms posts collided on Ann Althouse’s blog today. She wrote that she was listening to the audiobook “The Righteous Mind: Why Good People Are Divided by Politics and Religion,”by none other than Jonathan Haidt, who uttered the Ethics Quote Of The Month recently discussed here.

In his audiobook, Haidt said that this statement “captured the spirit and self-image of the modern American left”:

“I am a liberal, and liberalism is the politics of kindness. Liberals stand for tolerance, magnanimity, community spirit, the defense of the weak against the powerful, love of learning, freedom of belief, art and poetry, city life, the very things that make America worth dying for.”

Who authored this ringing declaration of liberal principles?

Garrison Keillor, that’s who. Continue reading →

Morning Ethics Warm-Up, 11/16/17: Keeping the Public Ignorant About Unethical Lawyers, Sugar Lies, And A Terrible Trump Tweet…

/ Jack Marshall / 27 Comments

Good Morning, John!

Sing us into the first item, would you?

1 “Is anybody there? Does anybody care?” Everywhere I go, lawyers are talking about the David Boies scandal, which I wrote about here. I haven’t seen much media discussion about it at all. We have now seen one prominent hack lawyer, Lisa Bloom, and one prominent, skilled and respected lawyer, Boies, demonstrate high profile professional conduct that should receive serious sanctions from their profession, and it appears that most of the public and the media neither knows this nor cares.

Bloom is just a venal, incompetent, bad lawyer. The real crisis is when top lawyers blithely engage in wildly unethical conduct in a high profile case, but I doubt the public sees the difference. Very little commentary on Boies’s betrayal of the New York Times  focused on the throbbing black-letter ethics violation involved.  Today, a front page story in the New York Times about Black Cube, the sinister investigative crew hired by Boies to gather dirt on the Times before it blew the whistle on Harvey Weinstein completely missed this crucial element of the story. It also makes it near-certain that no one will read the report who need to know how poorly legal ethics are enforced.

Here’s the headline in the print edition: “Sleuths for Weinstein Push Tradecraft Limits.”  Tradecraft? Online: “Deception and Ruses Fill the Toolkit of Investigators Used by Weinstein.” Nowhere in the article are readers informed that lawyers are forbidden, without exception, from using any contractor that regularly uses deception.

Here is the kind of thing Black Cube specializes in, from the Times piece:

“Earlier this month, a former hedge fund employee was flown from Hong Kong to London for a job interview. Around the same time, a current employee of the same Toronto hedge fund was also flown to London for interviews. The company courting them was fake. Its website was fake. There were no jobs to be had, and the woman who set up the interviews was not a recruiter but an agent working for an Israeli private investigative firm.

This was not an episode of “Homeland” or the latest “Mission: Impossible” installment. Interviews and court papers show that these deceptions were part of a sophisticated and expensive investigative operation. The objective, according to one filing, was to gather proprietary information held by the hedge fund. The agent worked for Black Cube.”

Every single jurisdiction in the United States declares in its legal ethics rules, usually in the rule about misconduct, 8.4 (bolding mine):

It is professional misconduct for a lawyer to:

(a) Violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;

…

(c) Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation…

How much clearer can it be? It is unethical for a lawyer to employ someone or an organization that he or she knows routinely and reliably engages in “dishonesty, fraud, deceit, or misrepresentation.” Yet that’s the only reason anyone hires Black Cube. Conclusion: Boies breached a major ethics requirement, perhaps the most serious one there is. And why?  Because a client paid him to. Continue reading →

Morning Ethics Warm-Up: 8/24/17 [UPDATED]

/ Jack Marshall / 55 Comments

GOOD MORNING!

1. I’m moving this to the top from its original placement at the end. I warned that the mania for retroactive statue-toppling and historical air-brushing was a deadly slippery slope to cultural chaos from the moment Dylan Roof’s rampage primed the Confederate flag banning push. I said that there was no clear stop on that slope, and that this was a massive ethical error that would quickly spin out of control.

I am accepting apologies and “You were right, I was wrong” messages at jamproethics@verizon.net. I will reply gracefully.

2. It’s a good thing, in some ways, that President Trump has no ethics alarms, or has them but doesn’t understand what all the ringing means, because if he did, he might realize that he has put himself in ethics zugswang in the matter of former sheriff Joe Arpaio, the anti-illegal immigration zealot who is facing up to six months in jail for defying a federal judge’s order to stop targeting Latinos based solely on the suspicion of their legal status. Trump has been urged to pardon Arpaio. Let’s see:

  • Arpaio did defy a judicial order. Should a law enforcement official be treated especially harshly when he does this?

Yes.

  • The judicial order related to Arpaio’s practice of assuming that individuals of Hispanic descent were more likely to be violating the immigration laws in his jurisdiction than other citizens. Since his jurisdiction was rife with Hispanic illegals, was this an unreasonable assumption on his part? No. Was it still discriminatory? Sure. Is the balance between profiling, which in such situations is a valuable law-enforcement tool, and the importance of equal treatment under the law a difficult one legally and ethically? Yes. Does a sheriff have the right and authority to ignore the way this balance is decided one legal authorities define it?

No.

  • Is the determination of this balance often polluted by ideological biases, in this case, against enforcement of immigration laws?

Yes.

  • Do Donald Trump, and his supporters, and those Americans who may not be his supporters but who agree that allowing foreign citizens to breach our borders at will without legal penalties is certifiably insane, believe that Arpaio’s position on illegal immigration is essentially correct and just?

Yes.

  • Nonetheless, did his ham-handed methods give ammunition to open-borders, pro-illegal immigration, race-baiting activists like the one who told the New York Times,

“Trump is delivering a slap in the face to dignified, hard-working people whose lives were ripped apart by Arpaio. Arpaio belongs in jail, getting a taste of his own medicine. Trump wants to put Arpaio above the law, showing they are both about white supremacy.”

  • Is sending Arpaio to jail a political imprisonment?

Yes, although he made it easy to justify on non-political grounds.

  • Are political prisoners the ideal objects of Presidential pardons?

Yes.

  • Would pardoning him send dangerous messages (it’s OK to violate judicial orders you think are wrong; the ends justifies the means; Presidents should meddle in local law enforcement, “extremism in defense of liberty is no vice”) as well as defensible ones ( judges and elected official enabling illegal immigration are a threat to the rule of law; Joe is an old man with a long record of public service who deserves mercy even though he was wrong…)

Yes.

  • Will such a pardon, especially as the news media is again spinning to make the case that Trump is sympathetic with xenophobes and white nationalists, further inflame an overly emotional debate that needs to be calmed, not exacerbated?

God, yes.

  • Is the most responsible course for Trump to stay out of this mess?

YES!

  • Will he?

Of course not. Continue reading →

Morning Ethics Warm-Up: 8/23/17

/ Jack Marshall / 44 Comments

Good Morning!

(BOY, there are a lot of especially stupid ethics stories today…)

1. This:

That’s right: an Asian-American broadcaster who never fought for the South during the Civil War has been robbed of a job assignment because his virtue-signaling, grandstanding mega-corporation wants to side with the statute-toppling Left. ESPN regrets that the NAME of one of its broadcasters has become an issue? Who made it an issue? ESPN, that’s who.

Nah, there’s no slippery slope! Nah, this is just about Civil War generals! Nah, the people behind the historical purge or reasonable…they won’t just keep looking for more ways to claim they are being offended!

Can you tell I am losing patience with the defenders, enablers and rationalizes of this toxic nonsense?

2. Or is this dumber? From issue scout Neil, who writes, “Watch the video. [Trump] gestures for the crowd to look up at the sky, then makes a show of looking himself (though CLEARLY not actually trying to see the eclipse). I must have seen at least a dozen other  people yesterday scan the sky in a similar fashion before accidentally getting blinded by an eye-full of rays. The man is inept beyond belief, but he’s not wearing a bib. God this  irritates me.”

These are the ways that that the newsmedia signals to anyone with an open mind and not drooling, gnashing and recoiling at the sight of water from end-stages Anti-Trump Brain-Eating Virus infection that it cannot be trusted, and has traded of its integrity, honesty, fairness and objectivity to lead the “Destroy the Elected President of the United States” effort. No, the President did not actually look directly into the sun and blind himself. In fact, I did exactly the same thing he did when I glanced up at the sun sideways for a nanosecond wondering why so many idiots were lying on the ground wearing 3-D glasses. This is the epitome of fake news—fake, because the intent of the item is to mislead, and because it is no more news than “President uses wrong fork at State Dinner.” No other President, ever, under any scenario, would be covered this way, and no news publication would ever print anything so dumb unless it was certain that its readers were gullible, deranged, and even dumber.

Prof. Glenn Reynolds: “If the press and the political opposition — but I repeat myself — were just sober, straightforward, and honest they could beat Trump easily. But then, if they were capable of that, we wouldn’t have gotten Trump to begin with.”

3. My wife reminded me that I have been flagging deception in obnoxious ways since long before ProEthics and Ethics Alarms.  When we were dating, she had a bowl of soup at a Georgetown campus hangout called The Tombs, and I had a cup of the same soup, for $1.50 less. I asked the waitress for a clean bowl and cup,  and poured water into the cup until it was at soup-level, and then poured that water into the empty bowl, which it filled. Then I asked her to get the manager, whom I asked to explain why a bowl cost more than a cup when the amount of soup was the same. he had no explanation of course.

You’ll be amazed how many restaurants do this. Continue reading →

Morning Ethics Warm-Up: 7/1/17

/ Jack Marshall / 27 Comments

Good morning, and welcome July!

Once famous American radio news commentator Gabriel Heatter (September 17, 1890 – March 30, 1972) sued to begin his World War II-era  broadcasts by  saying, “There’s good news tonight!” I’ve been trying to find an equivalent up-beat introduction for the Warm-Up from an ethics perspective. The problem is that this requires there to be some genuinely good ethics news. Not today. Maybe tomorrow…

1. The furor over President Trump’s pathetic attack tweets on two pretty awful MSNBC cable TV hosts continues, with “the resistance”—you know, like the New York Times—citing it as proof of madness, and right-wing media and bloggers increasingly rationalizing that it’s high time someone slapped down “media bullies” like silly Joe and biased Mika. The Left’s reaction is disingenuous, and the Right’s is incompetent.

Yesterday on the progressive echo chamber end of my Facebook spectrum, they were going nuts over the tweets, and one woman posted that she had voted for Trump but she regretted it now. She never would have voted for him, she said, if she thought he would act like this. I don’t know this idiot, but I had to reply:

“What? Trump tweeted and talked exactly like that for the whole campaign, and had been similarly gross and boorish publicly for thirty years! Remember Trump talking about blood coming out of Megyn Kelly’s “wherever” after the very first debate in 2015? “Little Marco”? Mocking Carly Fiorina’s face?” 

One could reasonably hope that being President might cause Trump to curb this habit, but one could not reasonable vote for him and not realize that similar conduct was a distinct possibility. On the news media and political side, the tweets prompted a re-run of the exact same (undemocratic, unethical) arguments they have made from the beginning for trying to overturn the election, as if something was new. This isn’t new. That’s part of what’s wrong with it. It also is the predictable conduct of the man elected by voters who were well aware he acted this way. I know you think they are cretins, Good People in Progressive Land, but that’s not a justification for invalidating their votes, and you are not going to get away with it if you try.

As for defenses of Trump like the opinion piece at Mediaite (“President Trump Deserves Credit For Taking On Bullies Like Mika Brzezinski“), how silly can you be? He’s the President of the United States: you can’t “bully” him. Even powerful media figures can’t bully him. He has all the power. They are punching up (more like slapping and griping and sneering up), and he is punching down, provoked by mites, lowering himself and his office by doing so.

2. Remember the Frye Festival fiasco? Billy McFarland, the inept con man/idiot who set it up has been arrested and charged with fraud.

Good. Continue reading →

Oh, Great: 21% Of Lawyers Are Stealing From Their Clients.

/ Jack Marshall / 26 Comments

This should be a shock, but it isn’t. When the screenwriters for the film adaptation of “The Firm” changed the ending to focus on the fact that the mob’s law firm was over-billing clients, lots of lawyers and legal ethics specialists squirmed. Widespread over-billing in the legal profession has been a scandal waiting to break for decades.

The ABA journal reveals that a recent study by  CEB Inc. and Wolters Kluwer NV’s ELM Solutions, companies that work with corporate legal departments to manage their budgets, examined legal invoices from about 100 companies, and found that 21% of lawyers “upbilled” for their time in 2015. Upbilling is the practice of rounding up legal hours hours worked to the next hour or half hour. This could raise the annual legal bill for a partner billing 2,000 hours a year by about $29,000. Spread over all the clients and all the lawyers charging by the hour, the 21% figure translates into millions of dollars taken by fraud, and maybe billions, every year. You can read summaries of the reports  here and here. Continue reading →

Ethics Quiz: The Fate of Rachel Dolezal

/ Jack Marshall / 20 Comments

dolezaltoday

I hope you remember Rachel Dolezal, the former NAACP branch president who falsely claimed to be black, double-talked and lied about her racial origins, and was defended by the “race is just a social construct” crowd on the left, as part of the same ideological fantasy that holds that a man can be a woman by just deciding that she is one. Ethics Alarms discussed her strange story here, here, and here.

Following her 15 minutes of fame, Rachel was somehow unable to manage a book contract or a speaking tour, perhaps because she is a walking, talking Achilles heel for several beloved progressive myths, Now she’s jobless and living on food stamps, and facing foreclosure and expects to be evicted next month.

“There’s no protected class for me,” she told The Guardian. “I’m this generic, ambiguous scapegoat for white people to call me a race traitor and take out their hostility on. And I’m a target for anger and pain about white people from the black community. It’s like I am the worst of all these worlds…I do think a more complex label would be helpful, but we don’t really have that vocabulary. I feel like the idea of being trans-black would be much more accurate than ‘I’m white.’ Because you know, I’m not white.”

Of course, she is.

Dolezal says she’s been rejected for  over 100 jobs. She has had offers on the freak show circuit,  in porn and reality TV. But Dolezal is not uneducated or dumb. Surely there are many jobs that she could perform, and well.

Your Ethics Alarms Ethics Quiz Of The Day is this…

Would you hire Rachel Dolezal?

Continue reading →

The Unethical, Depressing, Bar Complaint Against Kellyanne Conway

/ Jack Marshall / 64 Comments

kellyanneThis post is one I do not want to write, and the fact that I have to write it is profoundly depressing. It requires me to criticize, indeed blow the whistle on,  professional colleagues in the fields of law and ethics, some of whom I know and admired very much, as well as fellow members of the District of Columbia Bar. Some of these colleagues are also members, like I am, in a distinguished association dedicated to the field of legal ethics. A superb book on the topic by one of the professors involved  sits in a prominent place in my office bookshelf.  I can see it right now.

Yesterday evening, I learned that a group of fifteen law professors and lawyers have filed a professional misconduct complaint against White House Counselor Kellyanne Conway, claiming that she violated the Rules of Professional Conduct for attorneys by giving false statements to the media. The fifteen signed the complaint, which was filed with the D.C. Bar’s Office of Disciplinary Counsel. When I read the names, signed on a statement printed upon the official stationery of Abbe Smith, a distinguished full time professor at my alma mater, (and where I worked in the administration for four years), Georgetown University Law Center, my heart sank. While I did not need to read the whole complaint to know it was contrived and intellectually dishonest nonsense, I did, and it fulfilled my worst fears. The anti-President Trump hysteria that has caused so many previously fair and rational citizens on the Left to behave atrociously and to betray their previously held values has officially infected lawyers in the legal ethics field. They are now riding the rails on the 2016 Post Election Ethics Train Wreck.

To be absolutely clear and unambiguous: the complaint is a political attack, and a cheap shot at the President of the United States through his staff. There is no merit to any of its contentions.

The professors claim that they were “compelled” to file the complaint because D.C. Rule of Professional Conduct 8.3 (a) requires that

“A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.”

They are either addled by partisan political animus or lying, because there is no way, no way, these fifteen professors could know that, or even validly conclude it, based on what they have written in the complaint. To call their accusations against Conway a stretch is to be too kind. They are forced, exaggerated, trivial and manufactured. From what I have read in past commentary and opinions of several of them regarding other matters of lawyer misconduct, I have serious doubts about whether they believe them. I know that’s a serious charge, but I see no other explanation, other than temporary insanity.

To begin with, Kellyanne Conway is not working in a legal position in Trump’s White House. She is Counselor to the President, not White House Counsel. The President and Conway may choose, for his protection, to treat her non-legal policy advisor position as a legal representation, but the fact remains that she is not providing legal advice and services, only policy-related ones. Now, lawyers can violate D.C. Rule of Professional Conduct 8.4, Misconduct, while not engaged in the practice of law, but unless the conduct involved is criminal or displays “moral turpitude” sufficient to call into question the lawyer’s fitness to practice the likelihood of the conduct being regarded as sanctionable by the Bar is vanishingly slim.

From everything I can determines, Conway, though she is a member of the New Jersey Bar and an inactive (she needs to pay back dues and take my mandatory D.C. Bar ethics course before she can practice) member of the District Bar, has not practiced law in more than 20 years. She has been a pollster, an activist, a flack and TV personality as well as candidate  Trump’s campaign manager, but none of her professional profiles refer to her as a lawyer. The complaint alleges that Conway “engage(d) in conduct involving dishonesty, fraud, deceit, or misrepresentation” in breach of D.C. Rule of Professional Conduct 8.4 (c), and did so while not engaged in the practice of law.  In order to bring down the wrath of the Bar, such conduct must be extremely serious, criminal or bordering on it. Rule 8.3 “limits the reporting obligation to those offenses that a self–regulating profession must vigorously endeavor to prevent.” What kind of non-law-related “offenses” must “a self–regulating profession…vigorously endeavor to prevent”?  It is well established that questionable statements that an individual with a law license utters in the course of political activity and advocacy is not such conduct. Continue reading →

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 1

/ Jack Marshall / 8 Comments

bad-2016

Welcome, if that’s the word, to the 8th Annual Ethics Alarms Awards.

Last year, in a burst of self-pity as I began this annual task, I wrote,

“It is depressing and discouraging: 2015 was much worse than 2014, which was considerably worse than 2013. What am I doing here? What is the point of spending all of this uncompensated time—it is more profitable bagging groceries!—trying to nurture a more ethical culture and a more ethically competent public when all evidence points to utter futility as the result? Well, that way madness lies, I guess. I’m just going to grit my teeth and do my duty. Last year I began by saying that 2014 was the year of the Ethics Train Wreck. There were far more of them in 2015, and they were more serious and damaging. That should give you sufficient warning of the horrors to come…”

Then came 20i6.

To paraphrase  Margo Channing, “Fasten your seatbelts: It’s going to a bumpy post…”

Ethics Train Wreck of the Year

train-wreck-air

The Hillary Clinton E-Mail Scandal Ethics Train Wreck

I thought last year was the Year of the Train Wreck. Wrong. In 2016, we had the 2016 Post Election Ethics Train Wreck, the Campus Sexual Assault Witch Hunt Ethics Train Wreck, the Freddie Gray Ethics Train Wreck, the old stand-by Obama Administration Ethics Train Wreck, the still active Ferguson Ethics Train Wreck, and the Ethics Train Wrecks of both Presidential candidates campaigns. Hillary’s e-mails and their related lies in the long trail of cars called the Hillary Clinton E-Mail Scandal Ethics Train Wreck, was a clear winner though.

Passengers included President Obama, Bernie Sanders, Anthony Weiner, the F.B.I., Loretta Lynch, Bill Clinton, James Comey and more. And, of course, it played a significant and perhaps decisive role in bringing us President Trump.

Runner-Up: 2016 Post Election Ethics Train Wreck. It had less than a month to get up steam, but it caused lots of ethics carnage, and is still going strong.

Fraud of the Year

The Trump Foundation, which revealed itself to be a near total sham. RUNNER-UP: Fake lawyer Kimberly Kitchen, who worked as an estate planning lawyer at BMZ Law in Huntingdon County, Pennsylvania, and served as president of the county bar, though she never went to law school, and never took the bar exam, but forged documents to fool everyone that she had.

Most Unethical Act By A Major Church

The Catholic Church, which, incredibly, restored a convicted rapist to the priesthood. Father Joseph Jeyapaul,  a Catholic priest from India, while serving in the Crookston, Minnesota diocese from 2004 to 2005 raped at least two adolescent girls.  After being charged with the crimes, including rape and forcing at least one of his victims to perform fellatio on him, Father Joseph  escaped to India, where an Interpol warrant got him extradited back to Minnesota.  There he confessed, and as part of a plea bargain, received an outrageously light sentence of a year and a day for pleading guilty to one count of molestation. Jeyapaul was suspended from the priesthood and served his time in Minnesota. The U.S. deported him back to India, while the Minnesota diocese had to pay millions in a civil lawsuit, during which we learned that the rapist priest had told one of his victims  in the confessional that she was at fault, and had made Jeyapaul “impure” by letting him abuse her. In February, the Vatican lifted Jeyapaul‘s suspension and restored him to the priesthood. It then assigned him to a new parish in India, where he is now the diocesan head of its commission for education. 

Tell me again why that fake news story that the Pope endorsed Trump was supposed to help The Donald.

Incompetent Elected Official of the Year

kkane

Kathleen G. Kane (D), Pennsylvania’s ex-Attorney General.  In October, a judge sentenced her to 10 to 23 months in prison for her conviction on charges of perjury and abuse of her office. You can’t be more incompetent, I’d say, than an elected attorney general who can’t stay out of jail herself. I regret not writing about the Kane saga last year, but her ethical void was fairly apparent back in 2013, the only time I did write about her, after she leaked grand jury testimony, which is illegal. I wrote at the time (I must have been in a bad mood)…

“Leaking grand jury testimony is both illegal and spectacularly unethical for a lawyer, yet Pennsylvania’s Attorney General, Kathleen Kane, appears to have done it for the slimiest of reasons, and is offering the most cynical of defenses in the most offensive of ways. (Incidentally, I don’t understand how this could happen. After all, Kane is a woman, the first Democrat and the first woman to be elected to the post, and since having a vagina alone is supposed to imbue a candidate with trustworthiness, surpassing competence and virtue, this makes no sense at all.)”

Unethical Elected Official of the Year

Continue reading →