fraud

Psychic Found Guilty Of Fraud: Did She Know This Would Happen?

/ Jack Marshall / 19 Comments

gypsy-fortune-teller2Now that the required joke is out of the way, I can more soberly state that the New York conviction of psychic Sylvia Mitchell for larceny and fraud opens up a welter of ethical, legal and religious issues. Law prof-blogger Ann Althouse is troubled by the result, writing,

“In my book, this is entertainment and unconventional psychological therapy. Let the buyer beware. Who’s dumb enough to actually believe this? Should the government endeavor to protect everyone who succumbs to the temptation to blow a few bucks on a fortune teller?”

Clearly not, and that’s where courts and states generally land in this matter, as in the case I wrote on three years ago, Nefredo v. Montgomery County. There the courts ruled (in Maryland) that it was an infringement of free speech for Maryland to ban what is, for most, just an exercise in supernatural entertainment. But the New York case involved a little bit more than that: Mitchell apparently bilked some clients out of significant amounts, getting $27,000 from one in an “exercise in letting go of money,”  $18,000 from another to put in a jar as a way to relieve herself of “negative energy,” and thousands from other clients to purchase “supplies” for various rituals—what does the eye of a newt go for these days?

Admittedly this seems to cross the line from harmless, if stupid, entertainment into preying on the stupid and gullible, but that doesn’t convince Althouse that the conviction, or the prosecution is a legitimate use of government power. She reminds us about the Supreme Court case of U.S. v. Ballard, in which the Court upheld the conviction of a faith healer for fraud. The SCOTUS majority, headed by William O. Douglas, held that if the faith healer didn’t believe in her claimed powers, then she was a fraud, and thus could be prosecuted under the Constitution if she used a claim of false powers to take money from her clients. In a sharp and thought-provoking dissent, Justice Robert Jackson wrote in part… Continue reading →

When The Incompetent Meet The Corrupt: The U.S. Postal Service vs Lance Armstrong

/ Jack Marshall / 18 Comments
Left to right: Lance Armstrong's lawyers, the U.S. Postal Service, Lance.

Left to right: Lance Armstrong’s lawyers, the U.S. Postal Service, Lance.

The U.S. Postal Service, virtually insolvent and incapable of doing anything about it, wasted $31 million in 2000 on a four-year contract sponsoring Lance Armstrong and his cycling team. Why? Search me. Still, it was , the Service says, paying to endorse champions, not cheaters, which is what Armstrong and his team were. Now Postal Service is joining a false claims lawsuit, claiming that Armstrong and the team defrauded the government and violated their sponsorship contract by using performance-enhancing drugs. The Postal Service filed the suit shortly after Armstrong finally admitted that what had been alleged for over a decade, what he had denied and sued over and attacked and protested and postured indignantly in pained and defiant terms was, in fact true. He had used illegal and banned substances and methods on the way to his epic success, hero status and world fame.

Armstrong is also a crook, taking millions from the Post Office and other sponsors who believed he was a real champion rather than a phony one. It would be nice, inspiring even, if just one lying, cheating miscreant voluntarily returned the millions he acquired through dishonest means, rather than using those millions to hire super-lawyers to allow him to keep the ill-gotten gains. Lance, however, bottom of the ethics barrel-scum feeder that he is, would not be my most likely candidate for such a noble display. Indeed, he is living up to my low expectations. Continue reading →

Psychic Ethics: Sylvia Browne’s Dilemma

/ Jack Marshall / 38 Comments
Sylvia Browne, under fire for not being a real psychic by people who should know better.

Sylvia Browne, under fire for not being a real psychic by people who should know better.

Growing up, I knew Sylvia Browne as one of the more colorful friends of my father, who knew her brother in the army. She visited from Kansas City every year or so, and her claims of psychic powers never came up, perhaps because my father didn’t believe in such things. My first inkling of “Aunt” Sylvia’s other life was when she pulled me aside in the fall of 1966, after hearing me bemoan the low state to which my beloved Boston Red Sox had fallen. They were going to finish the season in last place, the team’s vaunted youth movement was a flop, and I was disconsolate. “Don’t tell anyone I said this, ” she told me, “but the Red Sox will be in the pennant race next year to the very end. It will come down to the last two games.”

This seemed incredible to me, but what the heck: when the 1967 season tickets went on sale that winter, I sent in an order for two seats on the third base side for the next-to-last game of the season, against the Minnesota Twins. Baseball fans will recall that the ’67 season featured the closest race in American League history, with four teams, including the underdog Red Sox, staying essentially tied for months, with the pennant decided in the last two days at Fenway Park. Sure enough, Boston swept the Twins twice to make up a one game deficit and go the World Series. Sylvia called it.

During college and law school, Sylvia Browne fell out of my family’s life, but our paths intersected again when she showed up for a surprise visit at our home while I was studying for the Massachusetts bar exam in 1975. My job with the Mass Defenders had fallen through, and I had received an unexpected job offer from my law school to work for the new Dean. It would mean moving to D.C., which I didn’t want to do, and I was torn. This was the big topic of discussion while Sylvia was having dinner with us; my mother was emphatic that I should turn the offer down. For the second time, Sylvia pulled me aside for an unsolicited consultation. “Go to D.C.,” she said. “Your future wife is waiting for you.” I naturally assumed that she meant my current girl friend from law school, who was still in the District. “Not her,” Sylvia said. “Another. This job will bring you together, for good.”

I did take the job, although Sylvia’s advice played no part in it. Indeed, I forgot about the conversation completely until it came back to me right before I proposed to my wife, now my wife of 33 years, who was a work colleague of mine at the law school. Sylvia was two for two, at least where I was concerned.

Why I only had dealings with Sylvia Browne when the Red Sox were destined to go to the World Series I can’t imagine (Boston played Cincinnati in the 1975 classic), but the next time I heard from her was in 2004, the year they finally won it. She called me in my ProEthics office on November 17 of that year, and she was distraught. She was calling me, it turned out, not to give advice, but to receive it.  Continue reading →

A New Low, Until The Next One

/ Jack Marshall / 8 Comments
The horrible mother with her son, who does not have cancer. There does seem to be something amiss with his face, though...

The evil  mother with her son, who does not have cancer. There does seem to be something amiss with his face, though…

I thought the woman who tricked her lesbian crush into marrying her by faking an illness and pretending to be her own doctor in e-mails to her romantic target was about as low as a human being could stoop. Before that, it was the various compassion thieves whose scams have been discussed here. In the category of despicable mothers, I thought ground zero was reached by Torry Hanson, who decided that her adopted Russian son was just too much trouble, so she bought him a one way plane ticket to Russia and shipped him back all by himself, with a note renouncing her parenthood. But then I learned about Wanetta Gibson, and I think I have abandoned the quest for the absolute worst ethical behavior, useful as it would be for establishing a scale for ethical misconduct. Human ingenuity regarding the despicable is just too vast.

Nevertheless, Susan Stillwaggon allegedly pulled a scam that could only be devised by someone whose ethics alarms are not only inoperable, but work in reverse, warning her to stop and change course when she is about to do something good.

In order to pull off a fake illness scam, the New Jersey mother told her family, friends and community that her elementary school age son had cancer. And just so he wouldn’t blow a sweet deal—you know how kids are— she told him he had cancer too.

I’m sure I will eventually hear about something more unethical and heartless than this. I’m not looking forward to it.

_______________________

Facts: CBS (Philly)

Graphic: The Coming Crisis

Wanetta Gibson Is Even Worse Than We Thought

/ Jack Marshall / 74 Comments
How do you treat a monster like Wanetta?

How do you treat a monster like Wanetta?

Of Wanetta Gibson, the woman who sent innocent high school football star Brian Banks to prison for five years for a rape he didn’t commit, collected $750,000 by continuing her lie in a lawsuit against the high school where she and Banks were both students, and then sought forgiveness from him in prison while refusing to exonerate him to prosecutors because she didn’t want to give back the money, I wrote:

“There are not sufficient laws, nor words in the dictionary, nor public shaming, shunning and condemnation to do justice to the likes of Wanetta Gibson. She ruined a young man’s life and stole $1.5 million in the process. She can recant, apologize, say that she found God, weep, express regret and anything else, and it should not insulate her from societal rejection. No one should hire her. No bank should give her a loan or a credit card. No taxpayer should have to contribute to her health insurance or food stamps. No one should befriend her. Absolutely no one should forgive her, consort with her or trust her. The kind of organized hatred that was manufactured against George Zimmerman is appropriate in her case. The Golden Rule? If I behaved like Wanetta Gibson, I would deserve everything I have described, and more.”

And you know what? I think I was too easy on her. Continue reading →

The Spectacularly Unethical Angela Buchanan, Making Life A Little Meaner For Us All

/ Jack Marshall / 12 Comments

According to court documents, Angela Buchanan, 30, of Lufkin, Texas, desperately wanted to be in a romantic relationship with a long-time female friend. She contacted the friend on Yahoo Messenger in March, explaining that she was diagnosed with breast cancer in 2008 and was now suffering from a pre-cancerous mass. She told her concerned friend that she was being treated by a local gynecologist. Then the gynecologist contacted the friend too, also on Yahoo Messenger.  The doctor confided to the friend that the pre-cancerous mass in Buchanan’s breast could possibly be delayed or even reduced and cured by an increase in hormone production, which, the doctor helpfully suggested, could be stimulated by sexual intercourse. The doctor recommended that the friend agree to participate in sexual activity with Buchanan in order to bolster this vital hormone production—if she really wanted to save her friend’s life, that is. Continue reading →

Forget Balancing: Lance Armstrong Is a Villain

/ Jack Marshall / 19 Comments

A constant conundrum faced by every culture is how it should categorize significant individuals whose positive contributions to society and civilization are marred by other acts that range from the unethical to the despicable. How much bad can a great man do and still be called “great”? How much wrong can a good woman engage in and still fairly be remembered as “good”? Can one wonderful act erase a lifetime of bad conduct? Are some bad acts so terrible that nothing can compensate for them? Every real human being is going to yield to some temptations, make some bad choices, be selfish, be cruel, lie, or worse. If we insist that all our heroes have an unblemished record in every aspect of their lives, we simply forfeit our heroes.

One reaction to this persistent dilemma is that we tend to be reluctant to look under the rock of a heroes accomplishments for fear that we will be disillusioned, or once the rock is lifted, we will attempt to rationalize into invisibility the ugly things we find there, or insist that they don’t matter. Of course they matter. It matters that Thomas Jefferson, who gave this nation its beating heart, didn’t pay his debts, cheated his friends and refused to live up to his own ideals. It matters that Clarence Darrow, who saved over a hundred men from execution, was a terrible father and husband and an unethical lawyer. It matters that Arthur Miller, whose plays dramatized the plight of the aging worker and the dangers of political persecution, rejected his mentally-challenged son, leaving him institutionalized and without contact from his father, though he knew who his father was. Charles Lindbergh, Jackie Kennedy, Diane Fossey, Thomas Edison, George Washington, Andrew Jackson, Frank Sinatra, Ted Kennedy, Pete Rose, Lillian Hellman, Walter Cronkite, Hillary Clinton—the list of the great, near-great, lionized and admired who behaved less than admirably or worse in significant ways can circle the globe. In assessing their character, as well as whether their lives deserve to be regarded as positive or negative influences on their society, fellow citizens and civilization, all we can do is apply a complex balancing formula, with factors in their lives weighted according to ethical principles, experience and our own priorities.

The question of how this balance should be applied has been raised in recent weeks in the wake of the final verdict on Lance Armstrong’s cycling career, which was decisively removed from the categories of “alleged misconduct,” “controversies,”and definitely “witch hunts” for all time as mountains of documentation, lab tests, and testimony moved it squarely into the categories of “outrageous cheating’, “criminal activity”, “corruption” and “fraud.” Continue reading →

Irresponsible TLC, Promoting Ignorance and Fraud

/ Jack Marshall / 18 Comments

She’s funny, she’s wacky, she’s setting stupid people up to be scammed.

Public ignorance and stupidity costs the nation billions of dollars, kills untold people in the hundreds of thousands, vastly increases crime and unemployment, and generally makes life far less productive, safe and enjoyable for the minority that are not ignorant and stupid, as well as for those who are. Among the most unethical and despicable among us are those who profit from the ignorance of others, and who either plot to keep them that way, or who exploit their dimness for profit. These deplorable exploiters include politicians, advertisers and merchandisers, religious groups and cults, as well as single-issue advocates on a wide range of issues. There should be an especially unpleasant corner in Hell, however, for an organization that does this under the guise of “The Learning Channel.”

The Learning Channel has already established its fondness for either making “entertainment” out of child abuse, as in its execrable reality shows, “Toddlers & Tiaras” and “Here Comes Honey Boo Boo,” or exploiting child labor, as with the “Jon & Kate plus Eight” franchise. But its “Long Island Medium” show is especially vile, as it prepares gullible fools for manipulation and fleecing by charlatans who claim to be able to contact the dead, read minds, or foresee the future. “Theresa is a typical Long Island mom who has a very special gift. She talks to the dead.,” TLC tells us on its website. Elsewhere, it describes Theresa Caputo as a “real psychic.” These are lies. Continue reading →

The Last of Lance

/ Jack Marshall / 16 Comments

The Lance Armstrong Fan Club writes to the US Anti-Doping Agency to protest its witch hunt.

Lance Armstrong has announced that he will no longer fight doping allegations, meaning that the Anti-US Doping Agency will effectively ban him from cycling and strip him of his titles. “If I thought for one moment that by participating in USADA’s process, I could confront these allegations in a fair setting and — once and for all — put these charges to rest, I would jump at the chance,” Armstrong said in a statement. “But I refuse to participate in a process that is so one-sided and unfair.”

It’s a shrewd move. Now Armstrong fans and admirers who refuse to acknowledge what is overwhelmingly likely bordering on certain—that he is a cheat, a liar and a fraud—can argue that poor Lance is a victim, and never was “proven guilty.” Of course, poor Lance has made millions of dollars and lived the life of a celebrity and hero for more than a decade, and he not going to forfeit any of that, or his freedom, no matter what rational people think of him. Like Barry Bonds, baseball’s most successful steroid cheat, he pulled it off, exploiting his sport, deceiving the public and taking advantage of a “look the other way” culture that corrupted bicycle racing even more thoroughly than steroids corrupted baseball. Continue reading →

Ethics Dunce: Suspended Giants Outfielder Melky Cabrera (And Not For The Reason You Think)

/ Jack Marshall / 1 Comment

Who is “Melky Cabrera” really?

Melky Cabrera shocked Major League Baseball by getting caught mid-season using banned metabolic steroids, it’s true. It is also true that this marks him for all time as a cheater, and something of an idiot, since the penalties for PED (performance enhancing drug) use are devastating to a baseball player’s reputation and wallet, and because, unlike when Barry Bonds was breaking records and racking up MVP trophies while being juiced, the game has belatedly decided that it isn’t going to let games, championships and records be distorted by chemical means.

Melky, however, is special among baseball’s cheaters. Only he, as far as we know, decided to attempt an elaborate internet deception to try to duck responsibility after he had been caught.

From today’s New York Daily News: Continue reading →