“I always thought the infraction was like a traffic citation. But what I think of Tom, it hasn’t detracted from that.”

Hall of Famer quarterback Steve Young on Tom Brady and the Deflategate scandal.

Hall of Famer Warren Moon added, “I guarantee you he had some knowledge. Those guys (handling the footballs) are not going to do it if it’s something he doesn’t like. Whatever they’re told, they get it done. But I don’t think it’s that big of an advantage.”

Phil Simms, “My God, he won the Super Bowl, and all he deals with the whole offseason is, ‘Hey, Tom, what about the footballs?’ And on top of that, people are whispering behind his back. What a terrible injustice!” Mr. Simms added, “Where do you draw the line?”

Well, how about we draw it this way: If you break the rules we have ourselves a line? And if it doesn’t make any difference, why have the rule? Lobby to get it changed. Football types surely do stick together! Especially when it comes to a lack of ethical reasoning.

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The Real Life Billy Ray Valentine (aka Eddie Murphy), Goldman, and the Fed

Rohit Bansal, a former Goldman Sachs employee, entered a guilty plea to obtaining confidential (think secret) from the Federal Reserve Bank of New York and then using that info to further his career. Goldman fired Mr. Bansal, 30, after discovering the leak, and has altered its hiring practices for former government employees.

Billy Ray Valentine and Louis Winthorpe III (aka Dan Aykroyd) arranged to get the crops report in advance of marketing trading for the orange futures (aka OJ) market. They actually swiped the advance crop report from an operative hired by the corrupt Duke brothers. Intrigue, federal crimes, and other issues aside, Billy Ray and Louis retired with the Butler to sandy white beaches after bankrupting the Dukes. Goldman is alive and well and Mr. Bansal will be going elsewhere and will know on March 9, when his sentencing takes place.

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“As the Bible says, we need to get past the time when ‘Each man does as is righteous in his own eyes.’ No enterprise (excluding patient care) ever, ever grew or succeeded as a result of pure righteousness. Usually success is propelled by greed, envy, or both. I thought you knew that.”

Dr. Robert N. Taub in an e-mail to a colleague as Dr. Taub was experiencing frustration in his quest for funding from Sheldon Silver, the former speaker of the New York State Assembly. Dr. Taub testified yesterday in the Silver corruption trial. Dr. Taub referred mesothelioma cancer patients to Mr. Silver’s law firm (yes, asbestos cases, which have trained three generations of lawyers now). The law firm refused to give Dr. Taub’s cancer center money, but Mr. Silver saw to it that Dr. Taub’s center got a $500,000 state research grant.

When that money ran out, the law firm still got Taub referrals, Continue reading

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What is a fiduciary?

While the SEC and Department of Labor and numerous professional groups and businesses struggle to determine who is a fiduciary and/or when they must be a fiduciary, a Personal Capital Survey (USA Today, August 11, 2015, p. 1B) found the following: 56% responded that a fiduciary rule is “an obligation not to rip off people.” Well said.

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Miss Pennsylvania U.S. International Charged with Theft By Deception

Brandi Weaver-Gates was charged with theft for allegedly setting up an online fundraising scheme to raise money for her cancer treatment. The alleged scheme was elaborate. Ms. Weaver-Gates shaved her head and had her family sit in a hospital waiting area while she was undergoing treatment. But, when police investigated she could not name physicians and no hospital had a record of her having been treated. She raised $14,000, but lost her title.

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“One of the ways we fool ourselves is to think that by staying where we are, we’re safe. It’s foolish to think malaria is more harmful than materialism. We are choosing which risks to take.”

Dr. Kent Brantly, a missionary physician who contracted Ebola while serving in Liberia, and survived through the administration of an experimental drug. Dr. Brantly expects that he will serve again as a missionary doctor, fully understanding the risks in all aspects of his life.

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Two Attorneys General Indicted in the Same Week — Mercy!

Well, as Sheriff Andy Taylor used to say, “Don’t that beat all?” The attorneys general for the states of Pennsylvania and Texas were indicted this week. Pennsylvania Attorney General Kathleen Kane was indicted for leaking grand-jury (think confidential) information to political operatives in order to embarrass state prosecutors with whom she had bad blood. She then, allegedly, engaged in behaviors, including lying, to cover up the leaks. She is charged with obstruction, perjury, false swearing, conspiracy . . . . Meanwhile, deep in the heart of Texas, Ken Paxton, Texas Attorney General was indicted for securities fraud. The issues of potential securities fraud had trickled out during his campaign and now they are headlines in Texas.

Both deny the charges. Lanny Davis, of Clinton defense fame, issued a statement indicating that his client, Ms. Kane, has done nothing wrong. Ms. Kane has indicated Continue reading

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“He is unable to obey rules, regulations and laws.”

Prosecutor Alexander Solomon in federal corruption case against former New York State Senator John L. Sampson. Mr. Solomon indicated that former Senator Sampson parked in no-parking spaces throughout his criminal trial by using his Senate placard on his car. The Barometer can see how, especially in New York, an elected official attending his own trial could be considered to be on “official business.”

The former senator was convicted of obstruction of justice. There had been a previous charge of embezzlement of $440,000 (Mr. Sampson was serving as a court-appointed referee on foreclosure properties and was supposed to return the funds to the court, but kept them instead), which the defense acknowledged, Continue reading

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“I’m the only restaurant owner in all of New York City to be criminally prosecuted [for paying workers off the books].”

Former Representative Michael Grimm, who entered a guilty plea on tax evasion charges and was sentenced to 8 months in prison. Mr. Grimm is right, in a way. His lawyers found 200 cases in the Eastern and Southern Districts of New York (the geographic area for Mr. Grimm’s prosecutors) involving the same charges as Mr. Grimm, and all those defendants received probation. The lawyers found 22 cases Continue reading

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“Do Another Woman’s Marriage Vows Bind Me?”

A question posed to the New York Times Ethicist column. The woman wondered because she wanted to have an affair with a married man. Societal norms are our civilizing force. No, you are not legally bound, but it would be nice if we respected the marriage vows of others. The follow-up question was, but, what if his wife agrees to it? The Barometer cannot even begin to explain.

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FIFA: Corruption As Big As, Well, the World Cup

Not being a sports fan, the Barometer thought the federal government had passed another wage tax — FICA, FUTA, and now, FIFA. However, turns out the organization responsible for futbol, football, soccer, that game with the black-and-white ball they bounce with their heads, has a little trouble with corruption. And the U.S. raided a luxury Swiss hotel in the early AM (Swiss time) a few days ago to round up the accused scoundrels.

Sepp Blatter, the head of FIFA, has been under pressure to resign. Nay, nay, says he for, “I know many people hold me ultimately responsible … (but) I cannot monitor everyone all the time. If people want to do wrong, they will also try to hide it.” Actually, Cato, that’s exactly what you are supposed to do. If something happens at your organization that has U.S. FBI agents hauling your executive out of their hotel beds whilst you are trying to hold your annual meeting, then it is your fault. Either you are complicit or you were asleep at the wheel. Either one does not bode well for further effective leadership.

Big-time sponsors, Coke, Nike, and Adidas, are monitoring the situation. One call from these companies and change will be forthcoming. There are criminal standards for proof of wrongdoing (and those will unfold), and then there is the sloppy and damaging effect of corruption. The former requires time and absolute proof. The latter requires swift action. Everyone seems to be kicking the ball down the road for now.

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Political Party in Spain Is Unable to Keep Its Pledge to Not Run Indicted Candidates

How do you know when your country has reached the point of no return on corruption? Spain may have made it. The Popular Party made a pledge, drew a “red line,” as the leader of the Valencia Province phrased it, to refuse to allow any indicted official on the ballot. That’s telling them!

Valiant efforts aside, the pledge did not come to pass. The party could not find enough politicians who were not indicted. As a result, 50 indicted officials appeared on the Valencia ballot in Sunday’s election. Valencia is known as a corruption hot-spot, but a total of 467 mayors in Spain are under indictment, mostly for mishandling public money or kickbacks for awarding government contracts.

The party leaders said that although it did indeed end up with indicted candidates on the ballot, they had reviewed the candidates on a case-by-case basis. The screening standard used for being indicted but still allowed on the ballot was one of “shameful behavior.” That standard remains undefined, Continue reading

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Faulty Ethical Reasoning, By Some of the Best Minds

When the new stories, statements, and press releases that result from ethical lapses are published, there are certain quotes and phrases that jump off the page. The mind reads, revisits, and rereads the quotes and phrases and concludes that an ethical lapse should not be made worse by those involved. Too often, their explanations and faux apologies only serve to confirm that they have an ethical tin ear and that is what got them into trouble in the first place. Some examples serve to illustrate as well as offer guidance on what not to say and do when you are in the headlines.

The ABC News Anchor George Stephanopoulos offers a classic example of what not to do and say after an ethical lapse. Mr. Stephanopoulos has a $108 million contracts with ABC News as the host of a morning television show as well as its primary political anchor. In an interview of the author of the new book, “Clinton Cash,” by Peter Schweizer, Mr. Stephanopoulos doled out a grilling. Mr. Stephanopoulos concluded the interview by explaining that Peter Schiewzer’s book regarding donations to the Clinton Foundation (Bill, Hillary, and Chelsea) did not establish any criminal conduct and that Mr. Schweizer had been a speechwriter for George W. Bush.

What Mr. Stephanopoulos did not disclose was that he had been a Clinton Foundation donor ($75,000) and that he had moderated discussions and served on panels at Foundation events. When the information about Mr. Stephanopoulos’s involvement became public, he issued the following statement: Continue reading

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Jon “Nick Tortelli” Corzine

“This is the part I don’t get.” So spoke Diane Chambers (Shelley Long) in the series “Cheers,” as she was trying to understand the charm and drawing power of Carla Tortelli’s (Rhea Perlman) ex-husband, Nick Tortelli. Despite his “pond scum” nickname, infidelity, poor hygiene, and a host of other rascallion behaviors, Carla had trouble resisting him. So also did his new wife, Loretta (Jean Kasem). Regardless of what he did, they both kept going back to him.

There are many Nick Tortellis on Wall Street. Enter Jon Corzine and his new plans for a hedge fund. Mr. Corzine headed up MF Global Holdings, a firm that he bankrupted by positioning investments in PIGS (Portugal, Italy, Greece, and Spain). He was convinced these countries would recover and he doubled down on their Continue reading

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