Just because you have depreciation does not mean you get a pass from the IRS

Representative Charles B. Rangel failed to report income from property he owns at the Punta Cana Yacht Club.  The chair of the House Ways and Means Committee (responsible for the Internal Revenue Code) indicated that he did not know of the problem.  Rep. Rangel’s accountant responded that because there was significant depreciation associated with the PCYC investment property, he doubted any federal taxes were owed.  Ah, but depreciation does not a pass on reporting income give.  Depreciation is something we lump in with expenses, deductions. You report the income and then subtract these things.  This income/deduction thing may be one of the few clear things in the IRC.  One additional glitch — the accountant needs to know how many times the Rangels used the PCYC property for vacations.  Can’t have it both ways.  An investment property gives you depreciation.  A second home does not, and then you have income.  Either way . . . there is a problem. 

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Jack Abramoff: Brazen Lobbyist Says “My name is the butt of a joke” At Sentencing Hearing

In a quintessential end to a Greek tragedy, Jack Abramoff, the millionaire lobbyist who was once at the center of Washington’s movers and hakers, was sentenced to four years in prison for conspiracy to corrupt public officials.  There is some irony that his crime was only conspiracy to corrupt.  He did succeed, i.e., achieved corruption of public officials. Those officials he identified as recipients of his largesse as part of his cooperative deal with the Justice Department were indeed convicted of or entered guilty pleas to corruption.  Justice Department officials estimate Mr. Abramoff and his partner earned $66 million in lobbying fees over a 10-year period.  The four-year sentence will be added to the two years he is already Continue reading

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“I have fallen into an abyss, your honor, and I don’t quite know how to get out.”

Jack Abramoff, former lobbyist, on being sentenced to four years in prison for fraud and conspiracy to corrupt public officials

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Kwame Kilpatrick, Detroit’s Soon-to-be-Former Mayor, Enters Into Plea Agreement, Jail Time Included

The saga has ended.  Detroit can move on to dealing with its citizens’ issues.  Mr. Kilpatrick can begin his introspection and reform.  Mr. Kilpatrick entered a guilty plea to two counts of obstruction of justice as well as a no contest plea to assaulting or obstructing a public officer.  He will serve two four-month concurrent sentences and pay a fine of $1,000,000.  Detroit requires mayors who are convicted of felonies to resign.  Detroit is moving on, but every elected official should pause and take note of this elected official’s fate.  Continue reading

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Kwame Kilpatrick, Detroit’s Mayor, Not in Jail for 3 weeks!

Mayor Kilpatrick has been leading an exemplary life for three weeks:  no assaults, no bail violations, and no new charges.  However, September 3 does bring Governor Jennifer Granholm’s hearings on whether the mayor should be removed from office.  Michigan planned ahead for mayorial legal difficulties with a legal provision that permits the governor to step in when and if things get ugly.  Michigan founders may not have anticipated Kilpatrick antics, but they were wise to plan ahead.

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Iowa Central President Resigns Over Kegger Photo — Will Receive $400,000

Not bad work if you can get it.  Iowa Central Community College President Robert Paxton, whose photo-op moment with a beer keg and a bikini-clad young woman (original story featured at The Ethical Barometer on August 27, 2008) caused a firestorm of controversy, tendered his resignation and received a $400,000 compensation package from the Board of Trustees.  Trustee Larry Hecht came around to the Barometer’s view: “I guess what you do in your personal life does affect the public’s perception of what you do on the job.”  That’s tough talk.  It is newfound toughness.  The board took no disciplinary action against Mr. Paxton in 2002 despite his indictment for tampering with student-athletes’ grade transcripts. Continue reading

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Hostages of Each Other

Sometimes even the good are punished.  The fallout from the subprime mortgage market has hit the regional banks, even those banks that avoided the subprime mess.  For example, Zions Bancorp, headquartered in Salt Lake City, didn’t touch the subprime market with a ten-meter cattle prod.  And its loan loss rate is just 0.59% (the five largest banks have an average loss rate of 1.48%).  Yet, Zions has taken a hit to its stock price.  At one point, its stock was down 60%.  One analyst noted, “They’ve been dragged down by a function of what’s going on in their markets.”  This unjust systemic ripple is yet another reason for thinking through the consequences of actions that, while legal, raise ethical questions.  What is permissible is not necessarily prudent.  What you could do does not mean you should do it.  Your actions bring down those who made prudence their guiding light.  But, there is good news despite the beating Zions has taken for something it did not do. Continue reading

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The College President as Beer-from-a-Keg-to-a-Student’s Mouth Dispenser

Now that’s a clump of words I never thought I would be writing.  But, Robert Paxton, 52, president of Iowa Central Community College, had a rollicking time on a Fourth of July boating outing on West Okojobi Lake.  He was photographed holding a keg over the mouth of a bikini-clad young woman (young is the operative word) as another in the photograph is shown dispensing vodka in similar fashion.  So many lessons, such limited space.  Let’s take it one fallacy at a time.  President Paxton explained, “It’s my own private life.”  Ah, the justifications of the morally schizophrenic.  The theory that we can frolic with those less than half our age as alcohol flows but still possess the judgment and leadership it takes to run an institution of higher ed is claptrap.  Bad judgment is bad judgment. Continue reading

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Giving Credit: An Athlete and a Gentleman

When asked how it felt to be the first person to win 8 Olympic gold medals, USA swimmer Michael Phelps responded, “I don’t know . . . So much emotion is going through my head. . . I kinda just want to see my mom.”

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LIFO, FIFO, BANKERS, AND OVERDRAFTS

Customer A has $250 in his account.  Six checks, totaling $325, have come in for payment.  One check is for $257.00, with the remaining five checks making up the difference to the $325 total.  First Bank pays the five smallest checks first, honors the $257.00 with overdraft protection, and charges the customer one overdraft fee.  Second Third Bank pays the largest ($257) check first, pays the five remaining smaller checks with overdraft protection, and then charges the customer five overdraft fees.  Who’s right?  What should the banks consider in establishing their policies on overdrafts and fees?

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Delivering the Homeless for Health Care and Cash

The FBI served search warrants on City of Angels Medical Center, Los Angeles Metropolitan Medical Center, and Tustin Hospital and Medical Center as part of a Medicare and Medi-Cal fraud investigation.  A lawsuit filed by the city of Los Angeles against the hospitals alleges that the hospitals recruited homeless souls, including drug addicts and the mentally ill, from Skid Row as patients.  The hospitals are then alleged to have billed government programs for phony care for these folks.  Indeed, one operator of a Skid Row health center is alleged to have accepted $20,000 per month in kickbacks for the Skid Row referrals.  “Human pawns” is the term the lawsuit uses in describing the use of the homeless in the scam. In exchange, the homeless received food, cigarettes, and cash for their round trips to the hospitals. Continue reading

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Brocade Settles Options Backdating for $160 Million

Brocade Communications Systems Inc.  entered into an agreement to settle a class action lawsuit over alleged tampering with stock options.  Brocade will pay $160 million to the plaintiffs in the suit.  Two Brocade officers have already been convicted of criminal charges related to the backdating. 

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How Was I Supposed to Know What VIP Meant?

Senator Christopher Dodd, chair of the Senate Banking Committee, said he knew that he had been designated a “VIP” by Countrywide Financial CEO Angelo Mozilo (in street language he was an “FOA”, or “friend of Angelo”).  However, Senator Dodd said he had no hint that he was getting special treatment.

Meanwhile, Senator Kent Conrad, chair of the Senate Budget Panel, said that when he called his old friend Jim Johnson (former CEO of Fannie Mae) for advice on a mortgage for his Delaware beach house, Johnson put Angelo on the phone.  Senator Conrad said he was “unaware” of any favoritism in his loan until he read about the break he got in Portfolio magazine.

Senators, senators, when Angelo designates you a VIP and takes your call at the drop of a hat, you may have crossed a few ethical lines thereby trotting into conflicts of interest territory. 

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Kwame Kilpatrick, Detroit’s Mayor, Not in Jail

The Ethical Barometer may need to get a changing number system in order to keep track of the legal comings, goings, and bond issues of Detroit’s mayor, Kwame Kilpatrick.  After serving an evening in jail for attending a business meeting in Canada, Mr. Kilpatrick will be back in court this week to determine whether he violated a court order that prohibits him from having contact with potential witnesses in the perjury case (perjury charges underlie the indictment, bond etc.).  Mr. Kilpatrick visited his sister, a potentail witness in the perjury case.  The assault charge arraignment is pending.  Mr. Kilpatrick’s lawyers will seek clarification about the mayor’s right to visit with family members who happen to be witnesses.  Stay tuned.

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