sentencing guidelines

Ethics Quiz: The Elizabeth Holmes Sentence

/ Jack Marshall / 20 Comments

A Federal judge sentenced Theranos, Inc. founder Elizabeth Holmes  to eleven years and three months in prison last week. Essentially the judge had limitless options, with only execution being off the table. Based on the maximum sentences for each the four crimes she was convicted of, she theoretically could have been given the equivalent of life in prison.  Prosecutors asked for a 15-year sentence, three years of supervised release, and more than $800 million damages. The layers for Holmes, now 38, had asked for home detainment, community service, and no more than 18 months in prison. (My son spent half that in jail for a reckless driving offense when he was 18. Just for perspective….)

What did Holmes do? Wikipedia has an excellent one-stop summary: the short version is that she invented a purported blood testing system that didn’t work, faked data, sucked in investors, doctors and patients, made billions, and engaged in all manner of lies, threats, manipulations and schemes to avoid the consequences of her actions. The government argued that Holmes deserved a severe punishment because “dozens of investors lost $700 million and numerous patients received unreliable or wholly inaccurate medical information from Theranos’ flawed tests, placing those patients’ health at serious risk.” This is undoubtedly true. Her defenders counter than “she didn’t kill anybody,”  she is a first time offender, and her crime was one of non-violence. This is also true.

Your Ethics Alarms Ethics Quiz of the Day is….

Is Holmes’ 11 years+ sentence for her massive, 15-year fraud fair, just, proportionate and in the best interests of society—in short, ethical?

Continue reading →

Morning Ethics Warm-up, 7/18/2019: Heading Toward An America Where “America” Is Banned, Where It’s Illegal To Call An Illegal Illegal, Where Judge’s Say “Good Work!” To Felons, And Where Illiterate Celebrities Are “Influencers”

/ Jack Marshall / 37 Comments

Aiiii!

Everything is seemingly spinning out of control!

1. For example, this stupid controversy, and surprisingly, it involves the Kardashian family. Kylie Jenner, Kim’s half-sister, is, as you may know, a “social media influencer,” which means companies pay her millions to use Instagram to promote their brands or products to the mouth-breathing idiots who follow this fatuous and useless celebrity.

Kylie recently issued a post featuring this photo of herself nude in a huge straw hat…

 

which rankled another “influencer,” Amanda Ensing—how can someone get paid to influence people when I’ve never heard of them?— who accused Jenner of stealing her pose.  Ensling has more than one million followers on both YouTube and Instagram, where she posts her outfits, makeup looks, travel experiences, and hairstyles, and  had previously appeared on Instagram like this…

She implied that Jenner had engaged inInstagram pose plagiarism, or something. (There’s no such thing.) The ever-articulate half-Kardashian lashed back, in words reminiscent of Dryden or Wilde in high form,

“from the words of Kim K ur not on my mood board but i did get my inspo off Pinterest”

This exchange justified breathless accounts in People, The Daily Beast, Cosmo, E!, Us, and dozens of other websites, as well as celebrity cable shows, spreading the false impression that what these semi-literate narcissists  say or do matters, thus increasing their ability to make our young trivial and even dumber that our schools make them.

Apparently Pierre Auguste Renoir isn’t active on social media, or he might have complained to both “influencers.”

2. From Minnesota, a very different kind of stupid: In an epic example of woke virtue-signaling because Nationalism Bad,  the city council for St. Louis Park in Minnesota decided to end the practice of reciting the Pledge of Allegiance at its meetings—you know,  to be more “inclusive,” which means to pander to members who don’t care that much for the United Sates of America.  Then they were shocked to discover that a very vocal majority of constituents found the move offensive, so the city council members did a complete 180,  said, “Never mind!” and reversed themselves unanimously,though complaining bitterly and implying that Deplorables made them do it. Integrity! Principle over expediency! Continue reading →

Look! There Is Hope! Sometimes The System Actually Works!

/ Jack Marshall / 44 Comments

hallelujah

The 8th Circuit Court of Appeals rejected the absurdly lenient prison sentence given to an Iowa police officer who brutally beat a man without cause, then filed a false police report accusing his victim of attacking him. Mersed Dautovic had been sentenced to just 20 months for the attack after a four-day trial in which a Des Moines jury found him guilty of using excessive force and obstructing justice.

Though the sentencing guidelines called for a range of 135 to 168 months, the trial judge sentenced sentenced Dautovic to only 20 months in prison.
A three-judge panel on the 8th Circuit found this to be a “substantively unreasonable” punishment for Dautovic’s “egregious” conduct, which included savagely beating an innocent man, causing his victim serious and permanent bodily injury, then writing a false police report that caused the beaten man and his girl friend to have criminal charges filed against them,  and offering perjured testimony against them at their trial.

“When the totality of the circumstances is considered, a variance from the guidelines range of 135 to 168 months’ imprisonment to a 20-month sentence is unreasonably lenient,” Judge Roger Wollman wrote for the court in his 14-page opinion.

Ya think?

Well what do you know…justice was done within the system!

In a case involving police misconduct!

When the cop was white,

And his victims were black!

And there were no demonstrations, riots, or looting involved!I guess that’s why you didn’t see this in the news.

_______________________________

Source: Courthouse News Service.

Ethics Dunce: Federal Judge Liam O’Grady

/ Jack Marshall / 9 Comments
"I swear judge, I have no idea who that guy next to me is."

“I swear judge, I have no idea who that guy next to me is.”

When civil rights advocates point to the disparity of sentencing for non-violent African-American drug offenders and white, shameless, greedy crooks like Kathleen McGrade and her husband, Brian Collinsworth, my best course is to feign a seizure or something. I have no good explanation for them, except that judges like federal judge Liam O’Grady are a large part of the problem.

McGrade was a management analyst for the State Department who used her position and influence to fraudulently direct $53,000,000 in 43 government contacts for construction projects and security work at U.S. sites overseas to the Sterling Royale Group, whose Vice President and CEO were Collinsworth and her daughter Jennifer Herring. She did this by hiding her relationship to the company and its officers. The taxpayer-funded family bounty, meanwhile, allowed McGrade to buy a $73,000 Lexus, a half-million-dollar yacht and nearly $223,000 in jewelry. Continue reading →