The Ethical Barometer

He gets there on time. He plays. He hits. Derek Jeter broke Lou Gehrig’s record for hits in October 2009. The Barometer was reminded of this little-noted event because in the year of the Tiger and McGwire admissions there was some missed magic Read more »

Judge Emmet Sullivan said he had never seen “mishandling and misconduct” like that of the prosecutors in the U.S. v. Stevens case.  The Barometer has no doubt that former Senator Ted Stevens (R. Alaska) crossed a few ethical lines in his relationships with some contractors and others.  However, legal breach is different from ethical breach, and the former requires proof.  In dismissing the conviction, Judge Sullivan appointed a special prosecutor to look into the conduct of the Justice Department prosecutors in their pursuit of a conviction.  The good judge noted that the prosecutors did not disclose exculpatory evidence and that former U.S. Attorney General, Michael Mukasey, ignored letters from defense attorneys outlining the ongoing problems with honest disclosures.

The Barometer encourages students, business people, and professionals to develop their own credos.  A credo consists of things you would never do, lines you would never cross to gt a job, to keep a job, to meet your numbers for the quarter, or to win a case.  The exercise is difficult for most.  “Never?” they counter, “I can’t say ‘Never!’”  Yet, it is possible to draw lines.
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Rep. Eliot Engel (D. Bronx) has been elected to the House from the state of New York five times.  During that ten-year span of public service, Mr. Engel and his wife, who have been lifelong residents of the Bronx, listed their primary residence on their tax returns as one located along the Potomac in Maryland. The effect of having the Potomac home as their primary residence was that the state of Maryland gave the couple $7,000 in tax credits (just over the past 4 years).  The credits required:  (1) at least six months residence in Maryland; (2) Maryland driver’s licenses; and (3) Maryland income tax returns.  (2) and (3) were out — the Engels have licenses in New York and file with the state of New York.  (1) we don’t know because Engel had no comment.  The Barometer does.  You might have crossed a few ethical lines if you are an elected representative in one state but claiming residential property credits in another!  Does Turbo Tax have a screen for public figures that offers, “To disregard tax rules and maximize refund, click here”?  

The small business owner realized that one of his vendors had made underbilling errors totaling $10,000.  “Probably no way they would ever catch them — too big, too busy, but me, well, those are big dollars for me!”  To tell or not to tell — there is the question. Read more »