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

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

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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

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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

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Ethics Quiz: The Ethical Duties Of Santa Claus Imposters

11 photos for movie review running Thanksgiving Eve. Billy Bob Thornton in Terry ZwigoffÕs BAD SANTA. Photo Courtesy of Tracy Bennett.

A post yesterday described the outrageous conduct of the management at the Six Flags Over Texas theme park, which declared a local man named Jerry Henderson person non grata and kicked him out of the park because he “looked too much like Santa Claus” (they want him to shave his white beard to resume his park privileges). He also gave candy canes to children after their mom asked him to pose with her kids for a photo.

A regular Ethics Alarms commenter related this 180 degree variation on the story:

My kids take swimming classes at our local park authority pool, and last week, while we were signing in, one of the managers came out of the back office dressed as Santa. However, he was doing it as a gag for the other employees, not for the kids. (About 80%+ of the people there were children.) My kids went running up to him shouting, “Santa, Santa!” He did not acknowledge them or the other kids, didn’t even say hi, and just walked into one of the workout rooms.

I thought my kids were going to cry. I had to tell them that Santa was busy right now, but not to worry, we would go see him tomorrow when he had time to talk to them.

Your “Bad Santa”-themed Ethics Alarms Ethics Quiz of the Day:

If you look like Santa Claus, are you ethically obligated to act like Santa Claus?

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Now THAT’S The Unauthorized Practice Of Law!

The fake lawyer with her husband, if it really IS her husband....

The fake lawyer with her husband, if it really IS her husband….

Usually lawyers get sanctioned for engaging in the “unauthorized practice of law” when the unwittingly fail to pay their bar dues, or handle a matter from the comfort of their office involving a client in a state they can’t practice in. It’s a serious ethics violation and a crime as well in some cases, but seldom do you see an example of UPL, as it’s called, like this.

For ten years, Kimberly Kitchen worked as an estate planning lawyer at BMZ Law in Huntingdon County, Pennsylvania, and thrived.  She even served as president of the county bar.  She was never a lawyer, however; never went to law school, never took the bar exam. Prosecutors said she forged documents to show she graduated from law school at Duquesne University, passed the bar and was licensed to practice. Everything was a fake, and she was a fraud. Now she is facing jail time. Continue reading

A New Outrageous Excuse! Unfortunately, It Was True…

When the African nation of Togo protested that its embarrassing soccer loss to the Bahrain national team was due to a group of imposters masquerading as the Togo squad, I was excited: at least I had a new desperate, brazen and hopeless lie to enter the Ethics Alarms Futile Lie Hall of Fame, joining Jimmy Durante’s immortal “Elephant? What elephant?” line in the musical “Jumbo” (in response to being caught red-handed stealing the largest elephant in captivity, Lindsay Lohan’s explanation to police officers who had found cocaine in her pockets that “these aren’t my pants,” and comedian Michael Richards’ claim that he has no idea why he started yelling “Nigger!” at two black audience members when he has not a bigoted bone in his body—the  controversial “I was possessed!” excuse.

The “It’s not our fault: someone was impersonating me!” lie has great promise, not just for other disappointing athletic teams, but for politicians, John Edwards, the Democratic Congress, the producers of the “Sex in the City” movie sequel, Kanye West and Goldman Sachs. Thus I was devastated to find out that Togo wasn’t lying at all: their soccer team had been replaced by imposters.

Oh, well. And because the excuse now has validity, the “Someone was impersonating us!” excuse no longer qualifies as a sufficiently desperate and hopeless lie. It looks like Li-Lo, Kramer and “the Schnoz”  will have to wait a bit longer for their quartet.