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Enforcement/Penalties

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).

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

Why Government Ethics Programs Have Limited Subject Matter Jurisdiction

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

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

"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

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

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.