Several months ago Senator Charles Grassley, R Iowa, ranking member of the Senate Finance Committee, sent questionnaires to six ministries asking numerous financial questions - probing whether the pastors and their ministries were complying with IRS rules related to their tax exempt work.
The deadline was today and it appears that Binny Hinn Ministries of Grapevine (Grapevine, TX) and Benny Hinn World Healing Center Church, Inc. have stated that they will not respond to Grassley's inquiry until next year (2008).
According to the Associated Press:
"A lawyer for preacher Creflo Dollar of World Changers Church International in suburban Atlanta had said Wednesday that the investigation should be referred to the IRS or the Senate panel should get a subpoena for the documents."
"Only Joyce Meyer Ministries of Fenton, Mo., has provided the detailed financial and board oversight information sought by Grassley."
Several questions have been raised by both sides. Many of the ministries through their spokes persons have taken the position that they comply with the law and the IRS is the watchdog. Hence, they feel that Grassley has overstepped his bounds by making such a broad request.
Again, according to the Associated Press in a report in the Dallas Morning News:
"Grassley, an Iowa Republican, said in a Wednesday conference call with reporters that he "can't be impressed" by the argument from some of the preachers that the IRS already monitors them, because his past inquiries have unearthed information that the IRS never knew.
Grassley has insisted his investigation "has nothing to do with church doctrine" and is strictly concerned with making sure nonprofit groups are following the law."
Some of the ministries have suggested that Grassley get a subpoena if he plans on capturing the information he's requested. Should the ministries refuse to turn over the information, a very interesting court fight could ensue.
"Hopefully these organizations will work with us," said Grassley, who has been investigating nonprofit compliance with IRS rules for years. "I don't think I've had to issue a single subpoena in the five years that I've been trying to get cooperation from organizations."
So here are the questions and your comments are welcome:
What does not complying to Grassley's request mean to the ministries?
If one believed that they were fully compliant, would it be best to turn over the records or stand on principle (perhaps the belief that Grassley over reached)?
Since the IRS rules provide that a tax-exempt organization cannot be a conduit for excessive personal gain, is it possible to define that in a highly successful ministry?
For the record, the ministries targeted by Grassley's requests were, in addition to Hinn: Bishop Eddie Long of New Birth Missionary Baptist Church and Bishop Eddie Long Ministries of Lithonia, GA; Randy and Paula White of Without Walls International Church and Paula White Ministries of Tampa, FL; Joyce Meyer Ministries of Fenton, MO; Creflo Dollar of World Changers Church International in Atlanta, GA; and Kenneth and Gloria Copeland of Kenneth Copeland Ministries of Newark, TX.
Every choice has a consequence. In fact, in Galatians it states, "Do not be deceived, God is not mocked: for whatever a man sows, this he will also reap." As this unfolds the truth will be revealed...whatever that truth may be.
Comments?
Showing posts with label business ethics. Show all posts
Showing posts with label business ethics. Show all posts
Friday, December 7, 2007
Wednesday, December 5, 2007
Which Cities Top The List For Corporate Crime? Business Ethics Speaker Chuck Gallagher Comments
The Corporate Crime Reporter, a print weekly legal newsletter based in Washington, D.C., released a report on November 27th, 2007 naming Washington, New York, Los Angeles, Philadelphia, Boston and Newark are the corporate crime capitals of the United States.
“Every year, the FBI releases its Crime in the United States report,” said Russell Mokhiber, editor of Corporate Crime Reporter. “This report is misnamed. It is actually a report on street crime in the United States. It ignores corporate crime. So, while the Crime in the United States report documents rape, robbery, murder, robbery and assault – it ignores health care fraud, bribery, environmental crimes, and other major corporate crime prosecutions.”
“We believe that America deserves to know not only where most of the street crime is – but also where most of the corporate crime is being prosecuted,” Mokhiber said.
The Corporate Crime Reporter conducted a survey of 2006 prosecutions, settlements and sentences and the results identified the top six corporate crime capitals of the US.
“These are the cities where most of the corporate crimes are being prosecuted,” Mokhiber said. “New York is an obvious hub – that’s where Wall Street is and that’s where the money is. Washington is also an obvious contender – corporations rip off the government and government prosecutors act to recover the defrauded funds.”
“Federal prosecutors in Boston have developed perhaps the premiere health care fraud prosecution team in the country – outside of Washington,” Mokhiber said. “The U.S. Attorneys’ offices in Los Angeles and Philadelphia have both developed white collar and corporate crime expertise.”
Several interesting facts arose from the study. What is most obvious is that corporate crime is centered in our largest cities and money hubs. It would be no surprise that New York, Los Angeles and Washington are there based on their sheer size and the consolidation of business and power. What I don't see is a relationship between number of cases (prosecuted or settled) and size of the location. It would be interesting to see the top areas as a percentage not just by number.
Another issue is location and interest of federal prosecutors. As stated in the report, Mokhiber acknowledges that Boston and Washington focus on health care fraud while L.A. and Philly have developed white collar expertise. Again, is crime in these cities higher or is it that the prosecution effort is more focused?
As a business ethics speaker, I know, from presentations nationwide, that issues with ethics breeches and crime don't seem to be strongly centered in one geographic region or another. I fully recognize that larger metropolitan areas have more, just by the sheer numbers, but where people are gathered, when the components for crime exist (need, opportunity and rationalization) - there will be crime.
Do you believe that crime is centered in these cities (predominately) or do you think that corporate crime is alive and well where you are. Feel free to respond with your thoughts.
“Every year, the FBI releases its Crime in the United States report,” said Russell Mokhiber, editor of Corporate Crime Reporter. “This report is misnamed. It is actually a report on street crime in the United States. It ignores corporate crime. So, while the Crime in the United States report documents rape, robbery, murder, robbery and assault – it ignores health care fraud, bribery, environmental crimes, and other major corporate crime prosecutions.”
“We believe that America deserves to know not only where most of the street crime is – but also where most of the corporate crime is being prosecuted,” Mokhiber said.
The Corporate Crime Reporter conducted a survey of 2006 prosecutions, settlements and sentences and the results identified the top six corporate crime capitals of the US.
“These are the cities where most of the corporate crimes are being prosecuted,” Mokhiber said. “New York is an obvious hub – that’s where Wall Street is and that’s where the money is. Washington is also an obvious contender – corporations rip off the government and government prosecutors act to recover the defrauded funds.”
“Federal prosecutors in Boston have developed perhaps the premiere health care fraud prosecution team in the country – outside of Washington,” Mokhiber said. “The U.S. Attorneys’ offices in Los Angeles and Philadelphia have both developed white collar and corporate crime expertise.”
Several interesting facts arose from the study. What is most obvious is that corporate crime is centered in our largest cities and money hubs. It would be no surprise that New York, Los Angeles and Washington are there based on their sheer size and the consolidation of business and power. What I don't see is a relationship between number of cases (prosecuted or settled) and size of the location. It would be interesting to see the top areas as a percentage not just by number.
Another issue is location and interest of federal prosecutors. As stated in the report, Mokhiber acknowledges that Boston and Washington focus on health care fraud while L.A. and Philly have developed white collar expertise. Again, is crime in these cities higher or is it that the prosecution effort is more focused?
As a business ethics speaker, I know, from presentations nationwide, that issues with ethics breeches and crime don't seem to be strongly centered in one geographic region or another. I fully recognize that larger metropolitan areas have more, just by the sheer numbers, but where people are gathered, when the components for crime exist (need, opportunity and rationalization) - there will be crime.
Do you believe that crime is centered in these cities (predominately) or do you think that corporate crime is alive and well where you are. Feel free to respond with your thoughts.
Saturday, December 1, 2007
Red Cross President Mark Everson Ousted - Business Ethics Speaker Chuck Gallagher Discusses
As a frequent speaker on business ethics, I state often - Every Choice Has A Consequence. Whether those choices relate to a large enterprise, like Enron, one of the nations leading charities, The Red Cross, or just your personal life, it is clear daily that my statement to audiences nationwide is true.
Every Choice Has A Consequence!
Former commissioner of the Internal Revenue Service, Mark Everson took on the job of running the Red Cross on May 29th 2007. The charity had been the target of much criticism following it's response to Katrina. Having had now five leaders in the past six years, the charity struggles to regain its focus and public image.
According to many news stories, on Tuesday, November 27th the board of governors for the Red Cross accepted Mr. Everson's resignation after it was reported that Everson was having a "personal relationship" with an employee of the Red Cross - one of Everson's subordinates.
Several news sources are linked here:
http://fe6.news.re3.yahoo.com/s/ap/20071127/ap_on_re_us/red_cross_president
http://www.bloggossip.com/index.php?id=29698
http://www.time.com/time/nation/article/0,8599,1688266,00.html
The following comments are reported from an AP news story:
"The board acted quickly after learning that Mr. Everson engaged in a personal relationship with a subordinate employee," a statement said. "It concluded that the situation reflected poor judgment on Mr. Everson's part and diminished his ability to lead the organization in the future."
"I am resigning for personal and family reasons, and deeply regret it is impossible for me to continue a job so recently undertaken," he said. "I leave with extraordinary admiration for the American Red Cross."
Not only do choices and the consequences that follow have a direct personal impact, but they clearly impact those who are closest to you. As a man with children, his family well also be the unintended beneficiaries of Everson's actions. The pain that othes experience as a result of one's personal actions, are often the hardest to bear.
Having made choices in my past that had unexpected and unintended consequences, I understand the emotions behind the experience of the consequence. Perhaps, Mr. Everson will have time to evaluate his actions and other may come to understand that ethics in business or in one's personal life are critical if we wish to achieve positive results.
Every Choice Has A Consequence!
Former commissioner of the Internal Revenue Service, Mark Everson took on the job of running the Red Cross on May 29th 2007. The charity had been the target of much criticism following it's response to Katrina. Having had now five leaders in the past six years, the charity struggles to regain its focus and public image.
According to many news stories, on Tuesday, November 27th the board of governors for the Red Cross accepted Mr. Everson's resignation after it was reported that Everson was having a "personal relationship" with an employee of the Red Cross - one of Everson's subordinates.
Several news sources are linked here:
http://fe6.news.re3.yahoo.com/s/ap/20071127/ap_on_re_us/red_cross_president
http://www.bloggossip.com/index.php?id=29698
http://www.time.com/time/nation/article/0,8599,1688266,00.html
The following comments are reported from an AP news story:
"The board acted quickly after learning that Mr. Everson engaged in a personal relationship with a subordinate employee," a statement said. "It concluded that the situation reflected poor judgment on Mr. Everson's part and diminished his ability to lead the organization in the future."
"I am resigning for personal and family reasons, and deeply regret it is impossible for me to continue a job so recently undertaken," he said. "I leave with extraordinary admiration for the American Red Cross."
Not only do choices and the consequences that follow have a direct personal impact, but they clearly impact those who are closest to you. As a man with children, his family well also be the unintended beneficiaries of Everson's actions. The pain that othes experience as a result of one's personal actions, are often the hardest to bear.
Having made choices in my past that had unexpected and unintended consequences, I understand the emotions behind the experience of the consequence. Perhaps, Mr. Everson will have time to evaluate his actions and other may come to understand that ethics in business or in one's personal life are critical if we wish to achieve positive results.
Friday, November 30, 2007
Business Ethics Speaker - Chuck Gallagher states - Michael Vick Facing Longer Prison Sentence
Many thought that Michael Vick would be sentenced to a year and a day for his conviction on "dog fighting." Some had said that he threw his career to the "dog" as it were, but with a short sentence and voluntarily surrending and starting the sentence now, it was thought that Michael might just be back in the game for the '08 year.
Not so fast. today two of Michael Vick's co-defendants in the federal dog-fighting case received sentences at the high end of the Sentencing Guidelines range. Now there is some thought that Vick might face a longer prison term at his sentencing in December.
According to the Associated Press, "A federal judge made clear his disdain for animal cruelty when he sentenced two of Michael Vick's dogfighting cohorts to 18 months and 21 months in prison Friday.
"You may have thought this was sporting, but it was very callous and cruel," Judge Henry Hudson told Quanis Phillips of Atlanta, who received the longer sentence.
The prison terms for Phillips and Purnell Peace of Virginia Beach are a little longer than prosecutors recommended, but less than the five-year maximum Hudson could have imposed.
Vick still could get a sentence above the negotiated range in his case -- a year to 18 months -- if (Judge) Hudson concludes 27-year-old Vick is more culpable than the others because he admitting bankrolling the operation and providing gambling money.
According to court papers, Vick not only financed the "Bad Newz Kennels" but also participated in executing several underperforming dogs by drowning, hanging and other means. "
Should Vick be sentenced to the mid to upper range of the sentencing guidelines, he would be out for at least half of the '08 NFL season.
Every choice has a consequence!
My guess is Michael Vick would have never considered this as a result of his actions. Frankly, neither did I expect the consequences I received. My misdeeds were illegal and I deserved the punishment I received. But, during the time of the illegal actions, I never expected prison.
Hopefully, Vick will use his influence to help others so that they don't face the consequences that he is facing today. Holidays behind bars are no fun.
As always, your comments are welcome.
Business Ethics Speaker - Chuck Gallagher - signing off...
Texas Man Sentenced to 40 Years for Mortgage Fraud - Dude That's Over Half His Life!
Thursday, November 29, 2007
Mortgage Fraud - 30 Years in Prison - Business Ethics Speaker Chuck Gallagher Asks - Excessive?
O.K. I say often - Every choice has a consequence! I live and breath that concept. I've lived it - serving time in prison. But, I have to ask in these comments - Is 30 years excessive?
According to the White Collar Crime Prof Blog the following was stated: "United States Attorney's Office for the Southern District of Florida issued a press release that Samantha Johnson and Scott Warren Johnson, husband and wife, were sentenced following their guilty please to "a wide-ranging mortgage fraud scheme." The sentences were 60 months for Samantha Johnson and one year for Scott Johnson. The press release said that they received "in excess of 2.5 million in ill gotten gains."
Now compare this to the sentence received by Chalana McFarland, a first offender who was sentenced for mortgage fraud (see here) to 30 years imprisonment for her role in an extensive mortgage fraud scheme that skimmed $20 million from the sale of over 100 homes from 1999 to 2002.
Why such a disparity in sentence? Could it be that the first group of individuals plead guilty and the second person risked trial? When the stakes are so high, do you really have a constitutional right to a jury trial?"
The White Collar Crime Prof Blog goes further to state:
30 Years to Non-violent First Offender in White Collar Case
The case of Chalana McFarland, pending in the 11th Circuit, is a case that should be closely watched as it involves a sentence of 30 years for a non-violent first offender in a white collar case. The defendant argues that this sentence is unreasonable. The preliminary briefs are below:
Download final_11_cta_brief.pdf
Download appellee_brief_feb_28_06.pdf
Download mcfarland_reply_06.pdf
The parties also filed briefs in response to the Rita case. As noted in McFarland's supplemental brief -
"Ms. McFarland also has a young child and has lost her reputation in the legal community as well as in the general community. Her incarceration has been very difficult for her parents and young child. If President Bush is correct that Libby's sentence of 30 months is 'excessive' than surely Chalana McFarland's 360 month sentence is excessive as well, and should be reversed."
So here are the questions:
(1) If President Bush said that Scooter Libby's sentence was unreasonable, what do you think about this sentence?
(2) Was this sentence the outcome of electing to take advantage of the constitutional right to a jury trial vs. pleading?
I elected to plead guilty to my crimes and had the agreement with the U.S. Attorney as to the length of sentence according to the sentencing guidelines. Today, I share with businesses and associations that - Every Choice Has A Consequence. http://www.chuckgallagher.com
But 30 years...Wow!
Any comments?
Post Katrina Bribery - Corruption Doesn't Pay Says Business Ethics Speaker - Chuck Gallagher
Today a Grand Jury handed down an idictment against members of "The Scruggs Law Firm" for alleged bribery of Third Circut District Court Judge, Henry Lackey, of the State of Mississippi. According to the indictment Scruggs tried to bribe Judge Lackey with $40,000 to provide a favorable ruling on a case they were a party to.
To read the indictment see the following link: http://online.wsj.com/media/LB_wsj071127-show1_case_doc.pdf
Smart...real smart. How often do folks think that somehow there isn't a consequence to choices they make. Every Choice Has A Consequence!
As a business ethics speaker, I understand that fundamental law of the universe so well. I, too, felt that choices made could avoid consequences. Wrong! You cannot avoid the consequences of your choices and actions. You may not see them immediately and often the time between choices and consequences create the illusion that they don't exist. They do.
The story has all the trappings of a good John Grisham book. The problem is - the outcome will likely be prison...a place I've been and don't care to go again.
In my newest presentation, "The Truth About Consequeces," I explore with business groups the reality about the choices we make and the consequences - either positive or negative - that can follow. For information about that presentation, contact me at http://www.chuckgallagher.com/contact.html
Read the indictment and offer your comments here.
Business Ethics Speaker - Chuck Gallagher - signing off...
Monday, November 26, 2007
How Much Is Three Years in Federal Prison Worth?
While there are those who would disagree with me - I feel that there is no amount worth the pain of prison. Having been there myself, I speak from experience.
But the Department of Justice released today that the former president and owner of ATE Tel Solutions, Rafael G. Adame, will spend three years in prison following his conviction for his involvement in a scheme to defraud the federal E-Rate program. The E-Rate program subsidizes the provision of Internet access and telecommunications services, as well as internal computer and communications networks, to economically disadvantaged schools and libraries.
The news release is attached: http://www.usdoj.gov/opa/pr/2007/November/07_at_936.html
According to the news release, ” Adame was convicted of submitting fraudulent invoices for payment to the Schools and Libraries Division of USAC from December 2001 to May 2003. As a result of the scheme to defraud the E-Rate program, Adame fraudulently obtained $106,514 in payments from USAC.”
$106,000+ in theft = three years in federal prison? I don’t get it. But then again, I did something equally as dumb and paid the price. Adame will now come to know the lesson: Every Choice Has A Consequence.
As a business ethics speaker and Senior Sales Executive in a public company, I speak to groups nationwide about choices and consequences. In fact, my most recent presentation is entitled - The Truth About Consequences! While every choice has a consequence - the fact is we can determine whether the consequence is either negative or positive.
For information on Chuck's presentations visit his web site: www.chuckgallagher.com
But the Department of Justice released today that the former president and owner of ATE Tel Solutions, Rafael G. Adame, will spend three years in prison following his conviction for his involvement in a scheme to defraud the federal E-Rate program. The E-Rate program subsidizes the provision of Internet access and telecommunications services, as well as internal computer and communications networks, to economically disadvantaged schools and libraries.
The news release is attached: http://www.usdoj.gov/opa/pr/2007/November/07_at_936.html
According to the news release, ” Adame was convicted of submitting fraudulent invoices for payment to the Schools and Libraries Division of USAC from December 2001 to May 2003. As a result of the scheme to defraud the E-Rate program, Adame fraudulently obtained $106,514 in payments from USAC.”
$106,000+ in theft = three years in federal prison? I don’t get it. But then again, I did something equally as dumb and paid the price. Adame will now come to know the lesson: Every Choice Has A Consequence.
As a business ethics speaker and Senior Sales Executive in a public company, I speak to groups nationwide about choices and consequences. In fact, my most recent presentation is entitled - The Truth About Consequences! While every choice has a consequence - the fact is we can determine whether the consequence is either negative or positive.
For information on Chuck's presentations visit his web site: www.chuckgallagher.com
Saturday, November 24, 2007
24 Months Can Seem Like A Lifetime!
One of the hot areas of fraud these days - one that you'll see a lot of attention paid to is - mortgage fraud. With the housing market slumping (crashing some would say) and the sub-prime mortgage wows being echoed far and wide, more and more you'll see reports like the one in this blog being reported.
According to the St. Louis Business Journal Bennie Clark was sentenced to 24 months in prison for his conviction on federal mortgage fraud charges. The full report is here: http://www.bizjournals.com/stlouis/stories/2007/11/12/daily75.html
It seems that Mr. Clark participated with others in a scheme to defraud mortgage lenders through a system of buying and selling properties at inflated prices. This is not new, but certainly capturing more media attention as we witness the housing collapse in many parts of the country.
Every choice has a consequence. This is the mantra that I speak on as a Business Ethics Speaker around the country. Having made poor business choices in my past (all be it 20+ years ago), I understand full well the consequences.
Some twelve years ago I spent time in federal prison as a consequence of my actions (something I am not proud of). While some call it "Club Fed" I can assure anyone who has not been there that it is no "club". It is federal prison - make no mistake.
Perhaps the unethical actions of those associated with World Wide Financial LLC will truly sink in as they have time (no pun intended) to truly grasp the concept of choices and consequences.
While I would never want to go back...once was enough to get the message - I learned many valuable lessons, not the least of which is - EVERY CHOICE HAS A CONSEQUENCE. The nice thing is - we get to enjoy the positive results that can come from positive ethical choices.
Your thoughts?
Business Ethics Speaker - Chuck Gallagher (http://www.chuckgallagher.com) signing off...
According to the St. Louis Business Journal Bennie Clark was sentenced to 24 months in prison for his conviction on federal mortgage fraud charges. The full report is here: http://www.bizjournals.com/stlouis/stories/2007/11/12/daily75.html
It seems that Mr. Clark participated with others in a scheme to defraud mortgage lenders through a system of buying and selling properties at inflated prices. This is not new, but certainly capturing more media attention as we witness the housing collapse in many parts of the country.
Every choice has a consequence. This is the mantra that I speak on as a Business Ethics Speaker around the country. Having made poor business choices in my past (all be it 20+ years ago), I understand full well the consequences.
Some twelve years ago I spent time in federal prison as a consequence of my actions (something I am not proud of). While some call it "Club Fed" I can assure anyone who has not been there that it is no "club". It is federal prison - make no mistake.
Perhaps the unethical actions of those associated with World Wide Financial LLC will truly sink in as they have time (no pun intended) to truly grasp the concept of choices and consequences.
While I would never want to go back...once was enough to get the message - I learned many valuable lessons, not the least of which is - EVERY CHOICE HAS A CONSEQUENCE. The nice thing is - we get to enjoy the positive results that can come from positive ethical choices.
Your thoughts?
Business Ethics Speaker - Chuck Gallagher (http://www.chuckgallagher.com) signing off...
Prison - What About My Safety? Yagman's Choices and Consequences
Stephen Yagman - recipient of the 2004 Clay awards for his outstanding achievements in Civil Rights Law was convicted of tax evasion and bankruptcy fraud in June of '07.
Claiming that he made enemies in law enforcement for his campaigns against police abuse, Yagman (through his attorney) argues that he should be spared an active prison term due to his fear he would be physically harmed in jail.
His story is stated here by the Associated Press: http://ap.google.com/article/ALeqM5gbqVxIYShXyLtwSjK8kYiLIy_7QgD8T2GLA80
Creative...I'll give him that. But I would be shocked if the Federal Government prosecutors would have any interest in Yagman avoiding an active prison sentence and instead - teaching at a university.
Here's a reality check - Yagman will find that his ego will be severely deflated upon entering prison. First, most of the inmates have no clue who he is and, frankly, won't care. For his crime he'll likely be sent to a minimum security prison.
Fact One, the inmates there are short timers and are anticipating getting out. They have no desire to do anything that will prolong their stay. So his safety is not an issue.
Fact Two, he'll likely be sent to a place where his enemies won't be. For example, he would likely be shipped to a federal minimum security facility out of state - fewer people who have any knowledge of his identity.
Fact Three, Yagman has shown from his conviction that he has a disregard for the law through his actions related to hiding assets in bankruptcy and from the IRS (tax evasion). Hence, it would be far reaching to think that the government would consider him a likely candidate to teach morality.
I know what Mr. Yagman is facing as I've spent time in Federal prison for tax evasion myself. I did not enjoy the experience. It was humbling to say the least. However, there are several things that I learned from my prison experience that were invaluable:
To learn about yourself - what and what you really are - after having all aspects of ego stripped away is priceless. Sometimes you might not like what you see or come to learn, but you do learn and from that have the opportunity to grow.
I learned that success was not in any way defined by the things that surround us - those are the things that feed our ego's. Rather, I learned that success comes truly from the impact you have on other people. My time in prison gave me the opportunity to come to know others and myself. It gave us all a chance to become real rather than to hide behind the illusion of who we project ourselves to be.
I learned that Every Choice Has A Consequence. Whether the consequence is negative or positive is up to you and the choices you make. You are in control of your choices and therefore the outcomes.
Finally, through a simple opportunity to speak to others about what not to do...I found my life's calling - speaking to others and sharing simple truths. http://www.chuckgallagher.com
Perhaps Mr. Yagman will learn as I did about the truth of who he is and what true justice means. I wish him well and respect his fight...but over time, when ego identity is stripped away, perhaps he'll come to learn more that he could have ever taught.
Any commensts?
Business Ethics Speaker - Chuck Gallagher - signing off...
Claiming that he made enemies in law enforcement for his campaigns against police abuse, Yagman (through his attorney) argues that he should be spared an active prison term due to his fear he would be physically harmed in jail.
His story is stated here by the Associated Press: http://ap.google.com/article/ALeqM5gbqVxIYShXyLtwSjK8kYiLIy_7QgD8T2GLA80
Creative...I'll give him that. But I would be shocked if the Federal Government prosecutors would have any interest in Yagman avoiding an active prison sentence and instead - teaching at a university.
Here's a reality check - Yagman will find that his ego will be severely deflated upon entering prison. First, most of the inmates have no clue who he is and, frankly, won't care. For his crime he'll likely be sent to a minimum security prison.
Fact One, the inmates there are short timers and are anticipating getting out. They have no desire to do anything that will prolong their stay. So his safety is not an issue.
Fact Two, he'll likely be sent to a place where his enemies won't be. For example, he would likely be shipped to a federal minimum security facility out of state - fewer people who have any knowledge of his identity.
Fact Three, Yagman has shown from his conviction that he has a disregard for the law through his actions related to hiding assets in bankruptcy and from the IRS (tax evasion). Hence, it would be far reaching to think that the government would consider him a likely candidate to teach morality.
I know what Mr. Yagman is facing as I've spent time in Federal prison for tax evasion myself. I did not enjoy the experience. It was humbling to say the least. However, there are several things that I learned from my prison experience that were invaluable:
To learn about yourself - what and what you really are - after having all aspects of ego stripped away is priceless. Sometimes you might not like what you see or come to learn, but you do learn and from that have the opportunity to grow.
I learned that success was not in any way defined by the things that surround us - those are the things that feed our ego's. Rather, I learned that success comes truly from the impact you have on other people. My time in prison gave me the opportunity to come to know others and myself. It gave us all a chance to become real rather than to hide behind the illusion of who we project ourselves to be.
I learned that Every Choice Has A Consequence. Whether the consequence is negative or positive is up to you and the choices you make. You are in control of your choices and therefore the outcomes.
Finally, through a simple opportunity to speak to others about what not to do...I found my life's calling - speaking to others and sharing simple truths. http://www.chuckgallagher.com
Perhaps Mr. Yagman will learn as I did about the truth of who he is and what true justice means. I wish him well and respect his fight...but over time, when ego identity is stripped away, perhaps he'll come to learn more that he could have ever taught.
Any commensts?
Business Ethics Speaker - Chuck Gallagher - signing off...
Thursday, November 22, 2007
Thowing Assets to the Dogs! - Michael Vick's Continued Consequences
According to CNN - “In a motion filed in U.S. District Court for the Eastern District of Virginia, U.S. District Judge Henry Hudson noted that Vick, in his plea agreement, agreed to pay “restitution for the full amount of the costs associated with the disposition of all dogs” in the case.”
Today the government asked a federal court to hold a portion of Michael Vick’s assets valued at more than $900,000 to be used to pay for the care and/or disposition of the 54 dogs found on Vick’s property when he was busted last spring.
For a full report of the CNN story see http://www.cnn.com/2007/US/11/20/vick.dogs/index.html
Again, according to CNN, “Vick agreed that those costs could include “the long-term care and/or the humane euthanasia of some or all of those animals,” which were seized from the “Bad Newz Kennels” on his property in Surry County, Virginia.”
As an Ethics Speaker, I routinely speak to groups about Choices and Consequences. Every choice has a consequence. I, like Michael Vick, have enjoyed the benefits of good or even great choices and the agony of the negative consequences that can follow poor choices.
Michael Vick is (was) a talented NFL rising star. He developed himself and his skill to rise to national fame. However, the choices he made on his “shadow side” have had consequences that go far beyond what Vick might have ever considered. Perhaps when the dust settles and the consequences subside…Vick will use the experience to help others learn the sometimes painful lessons of choices and consequences.
Your thoughts?
Texas Motivational Speaker - Chuck Gallagher (http://www.chuckgallagher.com) - Signing off…
Today the government asked a federal court to hold a portion of Michael Vick’s assets valued at more than $900,000 to be used to pay for the care and/or disposition of the 54 dogs found on Vick’s property when he was busted last spring.
For a full report of the CNN story see http://www.cnn.com/2007/US/11/20/vick.dogs/index.html
Again, according to CNN, “Vick agreed that those costs could include “the long-term care and/or the humane euthanasia of some or all of those animals,” which were seized from the “Bad Newz Kennels” on his property in Surry County, Virginia.”
As an Ethics Speaker, I routinely speak to groups about Choices and Consequences. Every choice has a consequence. I, like Michael Vick, have enjoyed the benefits of good or even great choices and the agony of the negative consequences that can follow poor choices.
Michael Vick is (was) a talented NFL rising star. He developed himself and his skill to rise to national fame. However, the choices he made on his “shadow side” have had consequences that go far beyond what Vick might have ever considered. Perhaps when the dust settles and the consequences subside…Vick will use the experience to help others learn the sometimes painful lessons of choices and consequences.
Your thoughts?
Texas Motivational Speaker - Chuck Gallagher (http://www.chuckgallagher.com) - Signing off…
Friday, November 16, 2007
To Tell The Truth - Barry Bonds - Ethical Choices and Consequences
So just how important is it to tell the truth?
As a motivational speaker, I was recently speaking to a group of high school students about the importance of telling the truth and making the right choices. What qualified me to make this presentation - personal experience…perhaps one of the best teachers in life. Having spent time in Federal prison for making unethical decisions, I know first hand the impact that choices have in our life. I am not proud of those decisions, but, likewise, refuse to hide the fact that I made them and that the impact they had on my life were - well - life changing.
As reported in the Wall Street Journal law blog, MLB’s home run hitter Barry Bonds has been indicted for - well simply put - “lying!” http://blogs.wsj.com/law/
The post in the WSJ Blog states: “Bonds joins a line of individuals stretching from Alger Hiss to Martha Stewart to Scooter Libby to who were indicted not for commiting an underlying crime, but for lying to investigators. Each time this happens, critics argue that a perjury prosecution is nothing more than an excuse for overzealous prosecutors to bring a headline-grabbing case against a boldfaced name. On the other hand, in pursuing such well-known figures, the feds hope to send a message to the meek and mighty alike: Don’t lie.”
I couldn’t agree more. Whether Bonds is convicted like Martha Stewart or not…the fact remains that the consequences of lying can have dramatic, life-changing effects. Take it from one who knows, “Club Fed” isn’t all it’s cracked up to be. It’s prison and no one I know wants to be there.
I routinely speak to business groups and associations on ethics, choices, consequences and their total effect. Every choice has a consequence - and the sooner we recognize that telling the truth is a choice the quicker we control the type of consequences we face. I personally perfer ”positive results” from the choices I make.
What about you? Comments?
Barry Bonds Image from the Wall Street Journal Law BlogWednesday, November 14, 2007
There's No Such Thing As Business Ethics - Yea Right!
I’ve heard that statement, “There’s no such thing as business ethics!” said way too many times. The arguement is that businesses don’t have ethics - people do. Therefore, there is no such thing as business ethics.
As a motivational speaker addressing corporations and associations on business ethics from coast to coast - my response is - Bull!
If that is true (there is no such thing as business ethics) then the appeal by Enron CEO Jeffrey Skilling of his 24+ year prison sentence is doomed. Seems that Skilling and his legal team are relying (in part) on the Fifth Circuit’s decision in U.S. v. Brown that limited the “right of honest services” theory when the defendant believes he or she is acting in the corporation’s best interest as defined by management. In simple terms, if the corporate employee is acting in the corporations best interest or under the direction of management, then they can’t be guilt of “fraud”.
According the the White Collar Crime Prof Blog (http://lawprofessors.typepad.com/whitecollarcrime_blog/) ”The government argues that Brown does not apply because it is limited to lower-level employees and not a CEO who it describes as the leader of the fraud. The problem with that argument, however, is that Brown does not seem to create a “CEO exception” to its analysis of the applicability of honest services fraud theory in a private setting in which the company is the victim of the fraud.”
There are numerous legal issues at play and not the prime subject of this blog. Rather, in laymans terms…Skilling was found guilty of (simply put) unethical conduct - fraud, consispracy, etc. Skilling was guilty because, as CEO, he acted in a manner that was unethical and costly to those who placed there confidence in he and Enron senior management.
Personal ethics only…? No such thing as business ethics?
Simply stated, looking at the complex legal arguements in Skilling’s appeal and the governments response - the arguement seems to strongly indicate that businesses have a legal existence and “soul.” If I’m acting at the direction of management then the “honest services fraud theory” would apply. Business ethics 101 as far as I can see.
After each Business Ethics keynote speech I give…there is at least one who just has to say that business ethics doesn’t exist. I do understand where they are coming from. Yet, most every business I encounter has a culture - a spirit if you will. And, that spirit, soul or corporate culture is the foundation of that enterprises - business ethics.
Not only is there business ethics - but it is now, as best as I can see, becoming part of legal defense against fraud, etc.
Interesting. Your opinion?
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