Update: Astoundingly Unethical Lawyer-Hypnotist In Prison, And Disbarred.

Good.

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he's a chicken...

Fine on the way to prison, where he will be hypnotized and will spend his 12-year sentence thinking he’s a chicken…

I hadn’t followed the story of Michael Fine since I wrote about him in 2014. This was the Sheffield, Ohio lawyer who hypnotized female clients so he could sexually molest them. When I wrote the post, two victims had been identified. The final tally was six, and there may have been more.

In September of 2015, Fine pleaded guilty to five counts of kidnapping and one count of attempted kidnapping.  He admitted to using his skill in  hypnosis to control the female clients, forcing them submit his sexual desires against their conscious will. Last week, Fine was sentenced to 12 years in prison. He had already been permanently disbarred by the Ohio Bar. Fine was not a licensed hypnotist, but needless to say, he was an unethical hypnotist too.

Judge Patricia Cosgrove told Fine at his sentencing, “At the lowest point in their lives when they came to you for help in the throes of painful divorces and custody battles, you took advantage of them. You took advantage of their trust and faith in you by sexually abusing them. You deserve to be punished.”

Ya think?

When I mentioned this case in some 2015 legal ethics seminars, many lawyers refused to believe it. I even lost a law firm client because one lawyer complained that I showed insensitivity by making a mild joke about the story, which did and does remind me of something out of a bad Adam Sandler movie.  It is the strangest example of unethical lawyering I have encountered, but I am confident that a stranger one will appear eventually.

________________________

Pointer: Fred

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

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

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Is Predator Judge Joseph Boeckmann The Most Unethical American Judge Ever?

predator judge

To designate recently resigned Arkansas Cross County District Judge Joseph Boeckmann the most unethical judge ever would require disqualifying the Nazi judges sentenced at Nuremberg, Judge John Hathorne, who played both judge and prosecutor in the Salem witch trials, and probably some others who have escaped my attention. He is nonetheless a 21st Century low, and we can only hope his record for depravity and abuse of power is never exceeded.

Boeckmann’s resignation came after the judicial commission informed  his lawyer that it was in the process of recovering as many as 4,500  photographs from the judge’s computer, and that they showed nude male defendants who had appeared before him in court.

“They all depict young men, many naked who are in various poses inside the judge’s home and outside in his yard,” the letter stated. “There are numerous photos of naked young men bending over after an apparent paddling,” the letter reads. “Please accept this as notice to not destroy [or] otherwise dispose of this paddle.”

All right, that last part is funny.

The investigation had commenced after Boeckmann was accused of a conflict of interest, and then stumbled upon allegations  a dozen young men who said they received lighter sentences from the judge in exchange for sexual favors. Nobody expected to find evidence of what appears to be 30 years of his using threats of imprisonment or fines to extort young men for sex. Continue reading

Yecchh! The Daily Caller And Its Commenters Cheer On Sexual Predator Teachers

I'm really sorry you didn't get any in high school, Tucker (maybe it was the bow tie), but it's no excuse.

I’m really sorry you didn’t get any in high school, Tucker (maybe it was the bow tie), but it’s still no excuse.

I’ve called out the Tucker Carlson’s conservative news and commentary website The Daily Caller for this before. Apparently this is Carlson’s sick and unethical obsession: I guess he can’t stop his sophomoric fantasies and pain arising out of being a high school nerd gazing hopelessly at cheerleaders and the occasional attractive teacher from infecting his judgment and ethical values. Thus he—and his “education editor,” Eric Owens—think rape is ethically acceptable if the rapist is hot enough.

Once again, the site reports on an example of high school teachers exploiting their male students for their own sexual satisfaction with a slimy wink-wink-snort coded piece making it clear that the Daily Caller regards the episode is one big joke. This time the tongue in cheek headline, accompanied by the photographs of the two women involved, conveys Tucker’s attitude:

Male Teen’s Parents Sue Over Son’s 9-HOUR THREESOME SEX TRAUMA With English Teachers

Rapist teachers

Hahahahahahaha! That’s some trauma! Hey guys, you would have all been traumatized by an epic sex session with these two babes, right? Poor kid! Continue reading

The Catholic Church, Its Rapist Priest, And Shattered Trust

The graphic artist didn't place that halo over the rapist priest's head. The Vatican did.

The graphic artist didn’t place that halo over the rapist priest’s head. The Vatican did.

In the year after “Spotlight” focused renewed public attention on the Catholic Church’s horrific betrayal of its mission, its members and humanity by the enabling of child sexual predators within its ranks, how could the Church not realize that reinstating a convicted rapist priest, as it did this week, undermines all of its efforts to regain the trust and faith it had forfeited?

After months in which Pope Francis presumed to tell the governments of the world what its moral obligations were, how could he allow this to occur?

In short, how can a credible religion have broken ethics alarms? How can the Catholic Church preach morality while rejecting ethics?

Father Joseph Jeyapaul,  a Catholic priest from India, served in the Crookston, Minnesota diocese from 2004 to 2005. While he was there, he raped at least two adolescent girls. I say “at least” because he admitted to raping them to cop a plea. Who knows who else he may have assaulted?

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.

Don’t ask me to explain why any prosecutor whose law license wasn’t obtained by passing a quiz about “Law and Order” episodes would make such a deal. I assume that some kind of political pressure from the Church was involved, or that the prosecutors were Catholic, or that they had brain lesions or something. Frankly, I’d rather not talk about it.

Jeyapaul was suspended from the priesthood and served his time in Minnesota. The U.S. deported him back to India with a DO NOT RETURN TO SENDER label after his release last July.  Meanwhile, 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.

Does the term “evil” come to mind, or would you call that too judgmental?

Now comes the amazing part. 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. 

I’m sure it’s also a great place to meet chicks.

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Pop Ethics Quiz: Is This Hypocrisy?

"Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?"

“Do as I said, not how I wished they would have done before I said it, and definitely not to me now. Got that?”

In 2003, Dennis Hastert, then Speaker of the House and as yet unmasked as a child molester in his days as a High School wrestling coach,  said

But it is equally important to stop those predators before they strike, to put repeat child molesters into jail for the rest of their lives and to help law enforcement with the tools they need to get the job done.”

The news media has labeled this statement hypocrisy. Is it?

It is not.

Hypocrisy is a statement of moral or ethical standards that an individual proves by his own actions that he does not believe. The actions that supposedly mark Hastert as a hypocrite had already taken place when he made that statement in 2003. There is no reason to assume that he did not believe that sexual predators should be stopped and prevented from doing harm to others, even though he had been one, and indeed even if he was still inclined to molest young men in 2003.

This is another version of the flawed argument that a parent who smoked pot as a youth cannot credibly demand that his or her own child not do the same. What makes a hypocritical statement is insincerity and pretense at the time it is made, demonstrated by conduct in close temporal proximity to that statement. Continue reading

Unethical Comment Thread Of The Month: IJR’s Story On The Cheerleader Rapist

"Hi, I'm Molly, and I just raped you son. A simple thank you will suffice..."

“Hi, I’m Molly, and I just raped you son. A simple thank you will suffice…”

Well, read it and weep, as poker players say.

I’ve written about this disgusting phenomenon before, when ethically-challenged bloggers, pundits and commenters snicker about how great it is for the under-age male victims of sexual assault by attractive female teachers and other comely predators. The complete ignorance of the requirements of basic adult responsibility, the wrongfulness of abuse of power,  the law of consent and so much else exhibited by these blights on civilization is truly frightening, though it tells us a great deal about where Donald Trump’s support comes from among other things.

I am distraught. On one hand, reading this kind of thing makes me wonder why I bother. Really. How can one man, or a thousand, reverse or even retard the corrosive effects of so many idiots whose contempt for decency and whose ethical darkness is so deep, cynical  and shameless? On the other hand, what better choices do those of us who understand and care about the values of society have? To sink into catatonic despair? To self-lobotomize and join the mob of corrupt fools, grinning and drooling as the U.S. becomes Hell? To shake out fists at the moon until something pops and we are dragged to the padded room?

The story that generated these comments involved former Baltimore Ravens cheerleader Molly Shattuck, who was accused of raping a 15-year-old boy last summer in Rehoboth, Delaware. Shattuck decided to plead guilty to one count of fourth degree and  admitted that she performed oral sex on the boy, who was a friend of her son.

This classy mom (she has three kids) was sentenced to spend every other weekend for the next two years at a work-release detention center, plus she must pay the victim’s family $10,650 and register as a sex offender. Yes indeed, this is very lenient compared to what would have happened if an adult male had sex with a 15-year-old girl.

The Attorney General called it a “classic case of grooming behavior” as he argued for more than probation.  What the commenters don’t comprehend is that how a victim feels about criminal conduct should have little influence on the proper punishment of the criminal. Should the battered spouse of a man who has dominated and cowed her into believing that she “deserves it”  ensure that her husband is treated more leniently than the wife-beater whose spouse resists and objects? Well, this is one of the things the commenters don’t comprehend. There is so much more. (I have checked the comment threads on this story on other websites. They are essentially the same.)

Read it and weep.

Yechhhh.

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Bill Cosby’s Rationalization: #14. Self-Validating Virtue

stuart-smalleyThe smoking gun Bill Cosby deposition took place over four days in September 2005 and March 2006, during which time the comedy icon answered questions in a lawsuit alleging sexual assault filed by Andrea Constand, a former basketball operations manager at Temple University. Cosby settled the case, we now know, to avoid the testimony of several women who were prepared to back Constand with similar stories of being sexually assaulted. The deposition did not become public until it was revealed this month by the Associated Press and the New York Times.

Here is a fascinating exchange from that deposition:

Constand’s lawyer:  Do you feel that you are a good person?

Cosby:   Yes.

With this, Bill Cosby illustrates one of the more common and troubling rationalizations, #14 on the Ethics Alarms list, Self-validating Virtue:

A  corollary of the Saint’s Excuse  is “Self-validating Virtue,” in which the act is judged by the perceived goodness of the person doing it, rather than the other way around. This is applied by the doer, who reasons, “I am a good and ethical person. I have decided to do this; therefore this must be an ethical thing to do, since I would never do anything unethical.” Effective, seductive, and dangerous, this rationalization short-circuits ethical decision-making, and is among the reasons good people do bad things, and keep doing them, even when the critics point out their obvious unethical nature. Good people do bad things sometimes because they are (or were) good people, and because of complacency and self-esteem begin with a conviction, often well supported by their experience, that they are incapable of doing something terribly wrong.

All of us are capable of that, if our ethics alarms freeze due to our environment, emotions, peer pressure, and corrupting leadership, among many possible causes. At the end of the movie “Falling Down,” the rampaging vigilante played by Michael Douglas, once a submissive, law-abiding citizen, suddenly realizes what he has done. “I’m the bad guy?” he asks incredulously. Indeed he is. All of us, no matter how virtuous,are capable of becoming the bad guy…especially when we are convinced that we are not.

Very few people can admit that they are not good people. Public polls suggest that over 90% of Americans think they are the most ethical people they know. I am certain Cosby was sincere in his answer. His complete absorption by this rationalization explains the apparent astounding hypocrisy between his words, public image and private life. Cosby doesn’t believe he has done anything wrong. How could he? He’s Bill Cosby, and Bill Cosby is good.

Indeed, Cosby embodies the kind of person described by Michael (Jeff Goldblum) in “The Big Chill”:

“Nobody thinks they’re a bad person. I don’t claim people think they do the right thing.They may know they do dishonest or manipulative things……but think there’s a good reason for it. They think it’ll turn out for the best. If it turns out best for them, it is by definition what’s best.You also come up against a question of style. My style may be too direct. Perhaps given my style I seem more nakedly……opportunistic or jerky or… – Whatever. All that’s happening is I’m trying to get what I want. Which is what we all do, but their styles are so warm……you don’t realize they’re trying to get what they want. So my transparent efforts are more honest and admirable….Don’t knock rationalization. Where would we be without it? I don’t know anyone who can go a day without two or three rationalizations. They’re more important than sex.”

Well, let’s say that for Bill Cosby they are exactly as important as sex.

 

 

Tragic, Corrupted, Complicit Camille Cosby

Camile Cosby: author, psychologist, corrupt accomplice to a sexual predator

Camile Cosby: author, psychologist, corrupt accomplice to a sexual predator

Apparently Bill Cosby’s wife Camille is telling confidantes that she believes all the woman drugged by her husband consented to sex, and that he is being unfairly treated by the news media as well as being unfairly accused by…what is it now, 40 women? I haven’t checked in the last few days.

She also admits that she always knew about her husband’s “infidelities,” and accepted them. Translation: she accepted creature comforts, status and money to enable her husband’s wrongdoing.

That this is a very old, ugly tradition that includes mothers who allow their husbands to sexually abuse their children, and even more horrific examples where wives look the other way while husbands kidnap and murder. In Mrs. Cosby’s case, she has made a deal with the devil, accepting the benefits of a spouse’s wealth and celebrity in exchange for placing her conscience in deep freeze. She has been covering up for her husband, lying by her silence, and sometimes lying out loud, as when she said last year , “He is the man you thought you knew.”

Did you think you knew that that the man who played Cliff Huxstable and wrote books about ethics cheated on his wife and had sex with young women under the influence of the drugs that he gave them? Well, actually I did: maybe Camille was referring to me.

Camille Crosby allowed and enabled Bill to engage in these activities, which were wrong no matter how they are interpreted: Continue reading

Ethics Dunce For The Ages: Whoopie Goldberg

Cosby3Let me point out, to begin, that anyone who maintained that Bill Cosby was not a rapist and serial sexual predator after over 40 women came forward with almost identical stories was already an ethics dunce, and too stupid to play with sharp objects as well. The man had settled a court case with a promise of confidentiality to avoid the evidence being made public! He had never directly addressed the accusations in public, relying on lawyers! There has not been the slightest chance that Cosby was innocent since victims 2 through 6 surfaced. Anyone dismissing the other, and still growing, group of victims is in denial, or immune to common sense. Such a person would date O.J. Simpson.

Whoopi is a smart woman, but she is racially biased beyond belief. She has never accepted that her pal Bill is a rapist, but because she is a smart woman, even though we all know that bias makes us stupid, I assumed that a point would come where she finally was honest with herself.

I overestimated something—her integrity, her group loyalty, her values, her brain pan.

A formerly confidential deposition has been released in which Cosby admits to procuring Quaaludes with the intention of drugging women for sex. So much for the whole narrative about fatherly Bob being a secret predator who drugged girls to make them easy to have sex with being “ridiculous” and “racist” and “slander.” So much for all those women being liars, as Cosby’s lawyers said more than once. To anyone rational, this revelation simply confirms what there was ample reason to be certain about anyway. Oh! That’s why all those women say Cosby drugged them! He drugs women!

But on  The View today, stated that the deposition has not persuaded her of anything, a classic example of “My mind’s made up, don’t confuse me with facts.” No rationalization or terrible argument was too low for Whoopie. She said she was a “former Quaalude user,” and so what? She said she doesn’t “like snap judgments”—snap judgments? These accounts have been around for decades. Whoopie has rejected judgment itself.

“I say this because this is my opinion, and in America still, I know it’s a shock, but you actually were innocent until proven guilty. He has not been proven a rapist,” she blathered. My response:

ARGGGGGGGGGGGGGGGHHHHHH!

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