Enforcement/Penalties
Spring Reading: Corruption in America II
Robert Wechsler
This is the second of four blog posts on Zephyr Teachout's excellent new book, Corruption in America: From Benjamin Franklin's Snuff Box to Citizens United (Harvard Univ. Press).
A Culture of Gift Giving
Defenses Against Charges of Bribery
Robert Wechsler
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).
Yet Another Problem with the Criminal Enforcement of Government Ethics
Robert Wechsler
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
Why Government Ethics Programs Have Limited Subject Matter Jurisdiction
Robert Wechsler
An individual who was asking me government ethics questions
recently became angry when I said that codes of conduct that go
beyond conflicts of interest are outside of my field. He said that
those who engage in bad conduct will probably also engage in bad
ethics. He referred to my exclusive focus on conflicts of interest
as "compartmentalization."
RI Legislature Schemes to Ensure Its Continuing Immunity to Ethics Jurisdiction
Robert Wechsler
Rhode Island's lawmakers really know how to protect themselves. They
have fought hard and long to effectively preserve their immunity from
state ethics commission jurisdiction. However, with pressure on
them to recommend to their constituents a constitutional amendment
that would give the EC jurisdiction over them, despite the state's
Speech in (sic) Debate Clause, they have planted a bomb in
their proposed amendment that will ensure that even the state's good
government organizations would oppose it (and that few ordinary
citizens would understand what all the fuss was about).
Quote of the Day - Admissions in Settlements
Robert Wechsler
"Trials are primarily about the truth. Consent decrees are primarily about pragmatism."
— Second Circuit Court of Appeals in [Link removed] SEC v. Citigroup Global Markets, Inc., Nos. 11-5227-cv, 11-5375-cv and 11-5242-cv (2nd Cir., June 4, 2014).
These words from an important court decision yesterday will most likely be quoted in all sorts of contexts, including with respect to ethics settlements, the consent decrees of government ethics.
The Effects of Ethics Reform in Louisiana
Robert Wechsler
One of the biggest problems in government ethics is determining
whether ethics reforms "work." A
well written article in the Advocate looked at Louisiana's
ethics enforcement since the reforms instituted by Gov. Jindal
became applicable in 2009. Louisiana's ethics program has
jurisdiction over local officials.
A Thought Experiment with Loyalty
Robert Wechsler
I've been thinking about what I wrote in yesterday's
blog post with respect to sanctioning police officers who knew about the
disability scam but said nothing. The principal cause for this,
besides each individual's self-interest, was a common uniformed
department's conspiracy of silence, a loyalty to colleagues that
takes precedence over loyalty to the community.
A Good Ethics Settlement in Ohio
Robert Wechsler
Here is the story of a good settlement reached in an Ohio ethics
proceeding involving a council member from a very small city.
According to a
recent article in the Canton Rep, the council member voted on
an addendum to the lease of a golf course despite the fact that he
lived on adjoining property.
Ethics Reform IV - Allen County and Columbus, IN et al
Robert Wechsler