Enforcement & Complaints

Enforcement & Complaints November 16, 2015

Attacking Those Who Make Ethics Allegations

Several of the women who accused Bill Cosby of sexual misconduct toward them have filed defamation suits, based on his conduct and, especially, on the conduct of his attorneys, who not only stated Cosby's denial of sexual misconduct, but also went on the attack against the accusing women.

Enforcement & Complaints March 8, 2015

Defenses Against Charges of Bribery

U.S. Sen. Robert Menendez is to be indicted this week for bribery and failure to report gifts. Where there is an effective government ethics program, he would be easily found to have committed administrative government ethics violations. In a criminal case, the official has the edge (and he has already formed a legal defense fund, to obtain legal but inappropriate contributions from those seeking favors from him).

Enforcement & Complaints March 1, 2015

Ethics Complaints and Commendations

Across the country, requests for citizen complaints provide not only for complaints, but also for commendations. I happened to notice one of these when I was in the nation's capital this weekend, and it got me wondering why this is not done with respect to government ethics complaints and hotline reports.

Enforcement & Complaints February 25, 2015

Prosecutorial Interference with a Local Government Ethics Investigation

Yesterday, two members of a New York City council member's election campaign were indicted on criminal charges brought by a special prosecutor, who was appointed in 2012. Read this December 2014 New York Law Journal op-ed piece by Brennan Center (NYU) Chief Counsel and longtime New York City Corporation Counsel Frederick A.O.

Enforcement & Complaints September 8, 2014

Yet Another Problem with the Criminal Enforcement of Government Ethics

In a an op-ed in the Daily Kos last Friday, Janos Marton — special counsel to New York state's recent Moreland Commission on state-level corruption — makes an excellent point about one of the problems involved in the criminal enforcement of government ethics :

The Executive Order under which the Commission operated directed us to investigate corrupt activity that was permissible under the New York's weak campa

Enforcement & Complaints August 22, 2014

Criminal vs. Ethics Enforcement of Lobbying Laws: A Case in Massachusetts

There are several problems with the settlement the Massachusetts AG reached last week with a lobbying firm that the AG alleged had entered into an illegal contingency fee agreement with a hospital. According to the AG's press release, the lobbying firm would be paid a percentage of funds paid to the hospital pursuant to legislation the lobbyist would try to help get passed.

The Prosecutor

Enforcement & Complaints July 14, 2014

Should Legislator-Lobbyist Communications Be Subject to the Legislative Immunity Privilege?

The Speech or Debate Clause of the U.S. Constitution protects activities within the "legislative sphere" from being heard outside the legislature, and prevents the introduction of evidence of legislative activity in any such hearing. A recent brief from the U.S. House Ways and Means Committee in S.E.C. v. Ways and Means Committee argues (on pp.

Enforcement & Complaints June 5, 2014

Going Beyond Dismissal to Provide Useful Guidance

A week ago, I wrote about a poorly written provision in Denver's ethics code, and the danger it poses not only to Denver, but also elsewhere, since local governments in Colorado and in other states are apt to look at the ethics code of such a large, well-respected city (although now that its highness has two meanings, who knows).

Enforcement & Complaints May 14, 2014

Ethics Self-Regulation Exposed by Ethics Complaint

Sometimes even a wrongheaded ethics complaint can do good, by showing how wrongheaded a town's government ethics program is.

Enforcement & Complaints February 25, 2014

Non-Substantive Considerations for Dismissing Ethics Complaints

Why is it so hard for officials, personally or in drafting ethics codes, to let an ethics commission do its work, dismissing complaints that lack validity (i.e., that do not state an ethics violation by someone under the ethics program's jurisdiction or for which there is insufficient evidence)? Why, instead, do they create and take advantage of non-substantive considerations for dismissal of complaints in order to take revenge on complainants?

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