Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Conflict of Interest. Show all posts
Showing posts with label Conflict of Interest. Show all posts

Friday, April 29, 2022

Navy Deputizes Psychologists to Enforce Drug Rules Even for Those Seeking Mental Health Help

Konstantin Toropin
MilitaryTimes.com
Originally posted 18 APR 22

In the wake of reports that a Navy psychologist played an active role in convicting for drug use a sailor who had reached out for mental health assistance, the service is standing by its policy, which does not provide patients with confidentiality and could mean that seeking help has consequences for service members.

The case highlights a set of military regulations that, in vaguely defined circumstances, requires doctors to inform commanding officers of certain medical details, including drug tests, even if those tests are conducted for legitimate medical reasons necessary for adequate care. Allowing punishment when service members are looking for help could act as a deterrent in a community where mental health is still a taboo topic among many, despite recent leadership attempts to more openly discuss getting assistance.

On April 11, Military.com reported the story of a sailor and his wife who alleged that the sailor's command, the destroyer USS Farragut, was retaliating against him for seeking mental health help.

Jatzael Alvarado Perez went to a military hospital to get help for his mental health struggles. As part of his treatment, he was given a drug test that came back positive for cannabinoids -- the family of drugs associated with marijuana. Perez denies having used any substances, but the test resulted in a referral to the ship's chief corpsman.

Perez's wife, Carli Alvarado, shared documents with Military.com that were evidence in the sailor's subsequent nonjudicial punishment, showing that the Farragut found out about the results because the psychologist emailed the ship's medical staff directly, according to a copy of the email.

"I'm not sure if you've been tracking, but OS2 Alvarado Perez popped positive for cannabis while inpatient," read the email, written to the ship's medical chief. Navy policy prohibits punishment for a positive drug test when administered as part of regular medical care.

The email goes on to describe efforts by the psychologist to assist in obtaining a second test -- one that could be used to punish Perez.

"We are working to get him a command directed urinalysis through [our command] today," it added.

Saturday, April 10, 2021

Ethical and Professionalism Implications of Physician Employment and Health Care Business Practices

De Camp, M, & Sulmasy, L. S.
Annals of Internal Medicine
Position Paper: 16 March 21

Abstract

The environment in which physicians practice and patients receive care continues to change. Increasing employment of physicians, changing practice models, new regulatory requirements, and market dynamics all affect medical practice; some changes may also place greater emphasis on the business of medicine. Fundamental ethical principles and professional values about the patient–physician relationship, the primacy of patient welfare over self-interest, and the role of medicine as a moral community and learned profession need to be applied to the changing environment, and physicians must consider the effect the practice environment has on their ethical and professional responsibilities. Recognizing that all health care delivery arrangements come with advantages, disadvantages, and salient questions for ethics and professionalism, this American College of Physicians policy paper examines the ethical implications of issues that are particularly relevant today, including incentives in the shift to value-based care, physician contract clauses that affect care, private equity ownership, clinical priority setting, and physician leadership. Physicians should take the lead in helping to ensure that relationships and practices are structured to explicitly recognize and support the commitments of the physician and the profession of medicine to patients and patient care.

Here is an excerpt:

Employment of physicians likewise has advantages, such as financial stability, practice management assistance, and opportunities for collaboration and continuing education, but there is also the potential for dual loyalty when physicians try to be accountable to both their patients and their employers. Dual loyalty is not new; for example, mandatory reporting of communicable diseases may place societal interests in preventing disease at odds with patient privacy interests. However, the ethics of everyday business models and practices in medicine has been less explored.

Trust is the foundation of the patient–physician relationship. Trust, honesty, fairness, and respect among health care stakeholders support the delivery of high-value, patient-centered care. Trust depends on expertise, competence, honesty, transparency, and intentions or goodwill. Institutions, systems, payers, purchasers, clinicians, and patients should recognize and support “the intimacy and importance of patient–clinician relationships” and the ethical duties of physicians, including the primary obligation to act in the patient's best interests (beneficence).

Business ethics does not necessarily conflict with the ethos of medicine. Today, physician leadership of health care organizations may be vital for delivering high-quality care and building trust, including in health care institutions. Truly trustworthy institutions may be more successful (in patient care and financially) in the long term.

Blanket statements about business practices and contractual provisions are unhelpful; most have both potential positives and potential negatives. Nevertheless, it is important to raise awareness of business practices relevant to ethics and professionalism in medical practice and promote the physician's ability to advocate for arrangements that align with medicine's core values. In this paper, the American College of Physicians (ACP) highlights 6 contemporary issues and offers ethical guidance for physicians. Although the observed trends toward physician employment and organizational consolidation merit reflection, certain issues may also resonate with independent practices and in other practice settings.

Thursday, January 14, 2021

Memorial Sloan Kettering Gave Top Doctor $1.5 Million After He Was Forced to Resign Over Conflicts of Interest

Katie Thomas & Charles Ornstein
ProPublica
Originally published 22 Dec 20

Here is an excerpt:

After months of review, Memorial Sloan Kettering overhauled its conflict-of-interest policy, barring its top executives from serving on corporate boards of drug and health care companies and placing limits on how executives and top researchers could profit from work developed at the institution.

Like other major hospitals, Memorial Sloan Kettering’s finances have taken a hit during the coronavirus pandemic. For the first three quarters of 2020, the hospital reported an operating loss of $453 million compared with an operating profit of nearly $77 million in the first nine months of 2019. The hospital saw a decline in surgical procedures and clinic visits, as well as clinical trials and other research. The hospital did receive $100 million in relief funds as part of the Coronavirus Aid, Relief and Economic Security (CARES) Act.

Baselga wasn’t the only former official to receive severance from Memorial Sloan Kettering in 2019. It also paid more than $250,000 in severance to Avice Meehan, the hospital’s former chief communications officer, according to its IRS filing. Meehan declined to comment.

Laurie Styron, the executive director of CharityWatch, an independent watchdog group, said that hospitals often compensate their staff generously because they must attract highly trained and educated doctors who would be well-paid elsewhere. Still, she said, the multimillion-dollar sums can surprise donors, who typically give money to support research or patient care.

Thursday, March 5, 2020

Ethical concerns with online direct-to-consumer pharmaceutical companies

Curtis H, Milner J
Journal of Medical Ethics 
2020;46:168-171.

Abstract

In recent years, online direct-to-consumer pharmaceutical companies have been created as an alternative method for individuals to get prescription medications. While these companies have noble aims to provide easier, more cost-effective access to medication, the fact that these companies both issue prescriptions (via entirely online medical reviews that can have no direct contact between physician and patient) as well as distribute and ship medications creates multiple ethical concerns. This paper aims to explore two in particular. First, this model creates conflicts of interest for the physicians hired by these companies to write prescriptions. Second, the lack of direct contact from physicians may be harmful to prospective patients. After analysing these issues, this paper argues that there ought to be further consideration for regulation and oversight for these companies.

The info is here.

Wednesday, January 8, 2020

Many Public Universities Refuse to Reveal Professors’ Conflicts of Interest

Annie Waldman and David Armstrong
Chronicle of Higher Ed and
ProPublica
Originally posted 6 Dec 19

Here is an excerpt:

All too often, what’s publicly known about faculty members’ outside activities, even those that could influence their teaching, research, or public-policy views, depends on where they teach. Academic conflicts of interest elude scrutiny because transparency varies from one university and one state to the next. ProPublica discovered those inconsistencies over the past year as we sought faculty outside-income forms from at least one public university in all 50 states.

About 20 state universities complied with our requests. The rest didn't, often citing exemptions from public-information laws for personnel records, or offering to provide the documents only if ProPublica first paid thousands of dollars. And even among those that released at least some records, there’s a wide range in what types of information are collected and disclosed, and whether faculty members actually fill out the forms as required. Then there's the universe of private universities that aren't subject to public-records laws and don't disclose professors’ potential conflicts at all. While researchers are supposed to acknowledge industry ties in scientific journals, those caveats generally don’t list compensation amounts.

We've accumulated by far the largest collection of university faculty and staff conflict-of-interest reports available anywhere, with more than 29,000 disclosures from state schools, which you can see in our new Dollars for Profs database. But there are tens of thousands that we haven't been able to get from other public universities, and countless more from private universities.

Sheldon Krimsky, a bioethics expert and professor of urban and environmental planning and policy at Tufts University, said that the fractured disclosure landscape deprives the public of key information for understanding potential bias in research. “Financial conflicts of interest influence outcomes,” he said. “Even if the researchers are honorable people, they don’t know how the interests affect their own research. Even honorable people can’t figure out why they have a predilection toward certain views. It’s because they internalize the values of people from whom they are getting funding, even if it’s not on the surface."

The info is here.

Thursday, December 12, 2019

State Supreme Court upholds decision in Beckley psychiatrist case

Jessica Farrish
The Register-Herald
Originally posted 8 Nov 19

West Virginia Supreme Court of Appeals on Friday upheld a decision by the West Virginia Board of Medicine that imposed disciplinary actions on Dr. Omar Hasan, a Beckley psychiatrist.

The original case was decided in Kanawha County Circuit Court in July 2018 after Hasan appealed a decision by the West Virginia Board of Medicine to discipline him for an improper relationship with a patient. Hasan alleged the board had erred by failing to adopt recommended finding of facts by its own hearing examiner, had improperly considered content of text messages and had misstated various facts in its final order.

Court documents state that Hasan began providing psychiatric medication in 2011 to a female patient. In September 2014, the patient reported to WVBOM that she and Hasan had had an improper relationship that included texts, phone calls, gifts and “sexual encounters on numerous occasions at various locations.”

She said that when Hasan ended the relationship, she tried to kill herself.

WVBOM investigated the patient’s claim and found probable cause to issue disciplinary actions against Hasan for entering a relationship with a patient for sexual satisfaction and for failing to cut off the patient-provider relationship once the texts had become sexual in nature, according to court filings.

Both are in violation of state law.

The info is here.

Wednesday, November 20, 2019

The ‘cancer growing in cancer medicine’: pharma money paid to doctors

Money and medicineVinay Prasad
statnews.com
Originally posted October 30, 2019

Here is an excerpt:

The fundamental problem is that, as a profession, cancer physicians are not interested in addressing conflict of interest. Too many people in prominent positions benefit from the current lax policies. Disclosure is not the solution —ending these payments is.

I want to be clear: I’m all for doctors interacting with and working with the pharmaceutical and device industries. I have lectured at major pharmaceutical companies, but without accepting money, travel expenses, or meals. Researchers should be free to work with pharmaceutical companies on trials, but there is no legitimate reason why a well-paid physician needs to take personal payments, gifts, meals, or travel expenses from the pharmaceutical industry. That practice must end.

Conflict of interest is the cancer growing in cancer medicine. It poisons the field. It leads us to celebrate marginal drugs as if they were game-changers. It leads experts to ignore or downplay flaws and deficits in cancer clinical trials. It keeps doctors silent about the crushing price of cancer medicines. It is rampant in guidelines that lead to off-label prescribing and that mandate payment. It is surely a calculated maneuver by the industry to increase their profits.

The info is here.

Tuesday, August 13, 2019

UNRWA Leaders Accused of Sexual Misconduct, Ethics’ Violations

Image result for unrwa logojns.org
Originally published July 29, 2019

An internal ethics report sent to the UN secretary-general in December alleges that the commissioner-general of the United Nations Relief and Works Agency (UNRWA) and other officials at the highest levels of the UN agency have committed a series of serious ethics violations, AFP has reported.

According to AFP, Commissioner-General Pierre Krähenbühl and other top officials at the UN agency are being accused of abuses including “sexual misconduct, nepotism, retaliation, discrimination and other abuses of authority, for personal gain, to suppress legitimate dissent, and to otherwise achieve their personal objectives.”

The allegations are currently being probed by UN investigators.

In one instance, Krähenbühl, a married father of three from Switzerland, is accused of having a lover appointed to a newly-created role of senior adviser to the commissioner-general after an “extreme fast-track” process in 2015, which also entitled her to travel with him around the world with top accommodations.

The info is here.

Monday, August 5, 2019

Ethics working group to hash out what kind of company service is off limits

Chris Marquette
www.rollcall.com
Originally published July 22, 2019

A House Ethics Committee working group on Thursday will discuss proposed regulations to govern what kind of roles lawmakers may perform in companies, part of a push to head off the kind of ethical issues that led to the federal indictment of Rep. Chris Collins, who is accused of trading insider information while simultaneously serving as a company board member and public official.

(cut)

House Resolution 6 created a new clause in the Code of Official Conduct — set to take effect Jan. 1, 2020 — that prohibits members, delegates, resident commissioners, officers or employees in the House from serving as an officer or director of any public company.

The clause required the Ethics Committee to develop by Dec. 31 regulations addressing other prohibited service or positions that could lead to conflicts of interest.

The info is here.

Tuesday, July 9, 2019

Does psychology have a conflict-of-interest problem?

Tom Chivers
Nature
Originally published July 2, 2019

Here is an excerpt:

But other psychologists say they think personal speaking fees ought to be declared. There is no suggestion that any scientists are deliberately skewing their results to maintain their speaking income. But critics say that lax COI disclosure norms could create problems by encouraging some scientists to play down — perhaps unconsciously — findings that contradict their arguments, and could lead them to avoid declaring other conflicts. “A lot of researchers don’t know where to draw the line [on COIs],” says Chris Chambers, a psychologist at the University of Cardiff, UK, who is an editor for five journals, including one on psychology. “And because there are no norms they gravitate to saying nothing.”

Researchers who spoke to Nature about their concerns say they see the issue as connected to psychology’s greater need for self-scrutiny because of some high-profile cases of misconduct, as well as to broader concerns about the reproducibility of results. “Even the appearance of an undisclosed conflict of interest can be damaging to the credibility of psychological science,” says Scott Lilienfeld, the editor-in-chief of Clinical Psychological Science (CPS), which published papers of Twenge’s in 2017 and 2018. “The heuristic should be ‘when in doubt, declare’,” he says (although he added that he did not have enough information to judge Twenge’s non-disclosures in CPS). Psychology, he adds, needs to engage in a “thoroughgoing discussion of what constitutes a conflict of interest, and when and how such conflicts should be disclosed”.

The info is here.

Tuesday, July 2, 2019

EPA’s top air policy official steps down amid scrutiny over possible ethics violations

The Washington Post
Originally published June 26, 2019

Here is an excerpt:

Less than one month after joining the EPA, Wehrum met with two former clients at his old firm without consulting in advance with ethics officials, even though they had cautioned him about such interactions. That same month, Wehrum participated in a decision that appeared to benefit a former client, DTE Energy, in which then-EPA Administrator Scott Pruitt issued a memo stating that the agency would not be “second guessing utilities” when they projected whether they would need a few federal permits after expanding their operations.

Wehrum, who heads the air and radiation office at the EPA, acknowledged both incidents in an interview with The Post but said he had determined that he did not violate federal ethics rules.

“I have, from day one, tried to be absolutely strict and assiduous as to what I do about complying with my ethical obligations,” Wehrum said, “because it doesn’t do me any good, and it doesn’t do the agency any good, to be doing things that people see as unethical.”

Still, the fallout from reporting on Wehrum’s ties to his former firm and the utility industry by The Post and other outlets — including Politico, the New York Times and E&E News — has continued to reverberate. The Utility Air Regulatory Group, a group of power companies that paid Hunton Andrews Kurth millions in membership dues, disbanded earlier this year.

Wehrum’s decision to leave is the second high-profile EPA resignation in the past year. Last July, Pruitt stepped down after facing probes by Congress, the EPA Office of Inspector General and the Office of Special Counsel for his management and spending practices.

The info is here.

Monday, June 17, 2019

How Jared Kushner is the ultimate test for US ethics laws

Image result for jared kushnerZachary Wolf
www.CNN.com
Originally posted June 14, 2019


Here is an excerpt:

Some of the things we knew about Kushner already are that he's in charge of coming up with a Middle East peace plan, he's been chummy with the Saudi crown prince the CIA thinks ordered the murder of a US-based journalist and he had trouble getting a security clearance.

But there is so very much we don't know about him. According to a report in the Guardian, a real estate company called Cadre in which he has an interest got some money from Saudi Arabia through an offshore fund run by Goldman Sachs. Their report is based on two unnamed sources. CNN has not independently verified the report.

If true, does that mean Kushner can't be involved in Middle East policy? Apparently not. The situation illustrates that the US laws meant to identify conflicts of interest don't do much to prevent them, particularly when it comes to extremely rich people like Kushner with complicated financial root systems.

Cadre is among scores of LLCs in which Kushner reported owning a stake. In his filings, Kushner reported leaving his official positions with Cadre in 2017 and is not involved in day-to-day operations. According to the new disclosures, his ongoing investment, however, is valued at $25 million to $50 million, though he reported receiving no income from it in 2018.

Here's another example having to do with Kushner's interest in Cadre. Last November, the company pitched opportunities to take advantage of a tax break created by the 2017 tax overhaul that encourages real estate investment in low-income areas. Is it a conflict that Kushner's wife, Ivanka Trump, a fellow White House adviser, pushed hard for the so-called "opportunity zone" tax break in the new tax law? She's showed up at events promoting the investment opportunity. Watchdog groups asked the Justice Department to launch an investigation.

The info is here.

Tuesday, June 11, 2019

The Lawyer Who Wants to Transform Legal Ethics with Behavioral Science

Brian Gallagher
www.ethicalsystems.org
Originally posted May 28, 2019

Here is an excerpt:

In a paper on the psychology of conflicts of interest, you wrote that, “Too often, the Supreme Court has made assumptions about the behavior of defense lawyers without empirical support.” How does behavioral science inform the way the Supreme Court should think about defense lawyers?

In the last 40 years, the Supreme Court has analyzed conflicts of interest in a manner that, I believe, makes unsupported assumptions about how criminal defense lawyers respond to allegations about their own misbehavior. My argument is that lawyers—like all people—are poorly equipped to recognize and address their own conflicts of interest. As a result, I propose that constitutional standards for conflicts of interest should be treated more like the ethical rules concerning conflicts, which focus on the risk that a conflict will influence a lawyer’s behavior rather than whether a conflict has, in fact, caused an adverse effect on the legal representation that a client received. I’m happy that my analysis has been cited by a few state courts that have looked at these and similar issues—and who knows, maybe someday the Supreme Court will cite behavioral research in forming its opinion on this topic.

You recently shared a paper on your blog, calling it a “fascinating discussion of the role of behavioral ethics in the context of judicial decision-making.” Which points or lessons stood out to you the most?

Interestingly, in a series of decisions about the constitutional standards for judicial conflicts of interest, the Supreme Court seems to be a bit more behaviorally realistic about conflicts of interest than it has been about attorney conflicts. For instance, in a case from a few terms ago, the Supreme Court—in deciding whether a justice on the Pennsylvania Supreme Court could properly adjudicate a death penalty case when he had previously been the prosecutor who authorized capital charges against the defendant—noted that “bias is easy to attribute to others and difficult to discern in oneself.” The Court went even further, noting that when a judge is asked to participate in a case in which he or she previously served as a prosecutor, there is “a risk that the judge would be so psychologically wedded to his or her previous position as a prosecutor that the judge would consciously or unconsciously avoid the appearance of having erred or changed position.”

The info is here.

Wednesday, June 5, 2019

Ethics questions about President Trump's transportation secretary surface for second week in a row

Matthew Rozsa
www.salon.com
Originally posted June 3, 2019

Here is an excerpt:

After ethics questions were referred to officials in the State and Treasury Departments, and media outlets like Times began to look into Chao's unusual travel requests, the trip was cancelled.

"She had these relatives who were fairly wealthy and connected to the shipping industry. Their business interests were potentially affected by meetings," a State Department official, who was involved in deliberations pertaining to the meetings, told the Times. Another State Department official, David Rank, told the Times the requests were "alarmingly inappropriate."

Chao's family runs an American shipping company, the Foremost Group, which is connected to China's political and economic ruling class, since it conducts most of its business there. As a result, allowing family members to participate in sensitive meetings — especially considering that Chao's actions as transportation secretary could directly impact America's shipping industry, and goes to the heart of the U.S.-China trade policies being handled by the Trump administration — poses a major conflict of interest.

The info is here.

Tuesday, May 21, 2019

Moral Disengagement in the Corporate World

Jenny White M.Sc. M.P.H., Albert Bandura Ph.D. & Lisa A. Bero Ph.D.
(2009) Accountability in Research, 16:1, 41-74,
DOI: 10.1080/08989620802689847

Abstract

We analyze mechanisms of moral disengagement used to eliminate moral consequences by industries whose products or production practices are harmful to human health. Moral disengagement removes the restraint of self-censure from harmful practices. Moral self-sanctions can be selectively disengaged from harmful activities by investing them with socially worthy purposes, sanitizing and exonerating them, displacing and diffusing responsibility, minimizing or disputing harmful consequences, making advantageous comparisons, and disparaging and blaming critics and victims. Internal industry documents and public statements related to the research activities of these industries were coded for modes of moral disengagement by the tobacco, lead, vinyl chloride (VC), and silicosis-producing industries. All but one of the modes of moral disengagement were used by each of these industries. We present possible safeguards designed to protect the integrity of research.

A copy of the research is here.

Thursday, April 11, 2019

GAO urges more transparency of political appointments, compliance with agency ethics programs

Nicole Ogrysko
www.federalnewsnetwork.com
Originally posted March 15, 2019

The Government Accountability Office is urging Congress to require more transparency of agencies in collecting and publishing information on political appointees in the executive branch.

A new GAO study describing agencies’ struggles to track political appointees and their compliance with ethics programs reads, in a sense, like a greatest hits album of typical challenges pestering many facets of government.

Agency data tracking the appointments and departures of political officials, for example, is inconsistent and scattered across multiple systems and organizations. And challenges in recruitment, retention and training have led to persistent vacancies at departmental ethics offices.

“The public has an interest in knowing who is serving in the government and making policy decisions. The Office of Management and Budget stated that transparency promotes accountability by providing the public with information about what the government is doing,” GAO wrote. “Until the names of political appointees and their position, position type, agency or department name, start and end dates are publicly available at least quarterly, it will be difficult for the public to access comprehensive and reliable information.”

The info is here.

Tuesday, April 9, 2019

U.S. Ethics Office Declines to Certify Mnuchin’s Financial Disclosure

Alan Rappeport
The New York Times
Originally published April 4, 2019

The top federal ethics watchdog said on Thursday that Treasury Secretary Steven Mnuchin’s sale of his stake in a film production business to his wife did not comply with federal ethics rules, and it would not certify his 2018 financial disclosure report as a result.

Although Mr. Mnuchin will not face penalties for failing to comply, he has been required to rewrite his federal ethics agreement and to promise to recuse himself from government matters that could affect his wife’s business.

Mr. Mnuchin in 2017 sold his stake in StormChaser Partners to his then-fiancée, Louise Linton, as part of a series of divestments before becoming Treasury secretary. Since they are now married, government ethics rules consider the asset to be owned by Mr. Mnuchin, potentially creating a conflict of interest for an official who has been negotiating for expanded access for the movie industry as part of trade talks with China.

The controversy over Mr. Mnuchin’s finances has become an unwanted distraction in recent weeks as the Trump administration has been engaged in intense negotiations with China on a wide range of trade matters. While Robert Lighthizer, President Trump’s top trade official, has been leading the talks, Mr. Mnuchin has been the point person for promoting the film industry because of his background as a Hollywood producer and investor.

The info is here.

Tuesday, March 19, 2019

Treasury Secretary Steven Mnuchin's Hollywood ties spark ethics questions in China trade talks

Emma Newburger
CNBC.com
Originally posted March 15, 2019

Treasury Secretary Steven Mnuchin, one of President Donald Trump's key negotiators in the U.S.-China trade talks, has pushed Beijing to grant the American film industry greater access to its markets.

But now, Mnuchin’s ties to Hollywood are raising ethical questions about his role in those negotiations. Mnuchin had been a producer in a raft of successful films prior to joining the Trump administration.

In 2017, he divested his stake in a film production company after joining the White House. But he sold that position to his wife, filmmaker and actress Louise Linton, for between $1 million and $2 million, The New York Times reported on Thursday. At the time, she was his fiancée.

That company, StormChaser Partners, helped produce the mega-hit movie “Wonder Woman,” which grossed $90 million in China, according to the Times. Yet, because of China’s restrictions on foreign films, the producers received a small portion of that money. Mnuchin has been personally engaged in trying to ease those rules, which could be a boon to the industry, according to the Times.

The info is here.

Monday, March 11, 2019

Steven Mnuchin’s financial disclosures haven’t earned ethics officials’ blessing. What’s the hold-up?

Carrie Levine
The Center for Public Integrity
Originally published March 8, 2019

The executive branch’s chief ethics watchdogs have yet to certify Treasury Secretary Steven Mnuchin’s annual financial disclosure — an unusually lengthy delay in finalizing a document they’ve had for more than eight months.

While the Office of Government Ethics won’t publicly explain the holdup, an analysis of Mnuchin’s disclosure, which was obtained by the Center for Public Integrity, identified entries that outside ethics experts say could be the hitch.

The disclosure statement covers Mnuchin’s 2017 personal finances, and Treasury’s own ethics officials certified it after finding no conflicts of interest.

Some entries on Mnuchin’s 53-page form involve Stormchaser Partners LLC, a film production company owned by Mnuchin’s wife, Louise Linton.

Mnuchin’s ethics agreement, negotiated when he joined the government, required him to step down from the chairmanship of Stormchaser Partners and divest his own ownership interest in it within 90 days of his confirmation in February 2017. (Mnuchin also agreed to divest dozens of other assets that ethics officials said potentially presented conflicts of interest or the appearance of one.)

The info is here. 

Tuesday, January 29, 2019

Must Bill Barr Abide Ethics Advice on Recusal? A Debate

Barbara McQuade and Chuck Rosenberg 
LawFareBlog.com
Originally posted January 22, 2019

Here is an excerpt:

But we respectfully disagree on an important point that surfaced during Attorney General-nominee Bill Barr’s confirmation hearing before the Senate Judiciary Committee on January 15 and 16: whether, if confirmed, he should agree to abide ethics advice from Justice Department officials, before he receives that advice, regarding whether to recuse himself from supervision of the Mueller investigation.

Barr previously criticized the Mueller probe, including in an unsolicited legal memo he circulated to the Justice Department and President Trump’s legal team in the spring of 2018, and he commented favorably on the merits of investigating Hillary Clinton for what seems to us to be a bogus accusation. During his hearing, Barr was asked whether he would seek ethics advice regarding recusal. He said he would. When asked whether he would follow that advice, he said that as “head of the agency,” he would make the decision as to his own recusal. He would not follow that ethics advice, he said, if he “disagreed” with it. Is that appropriate? McQuade says no; Rosenberg says yes.

The Justice Department has a strict set of rules and norms that govern recusals. In some cases—for instance, where a prosecutor has a political, financial, or familial interest in a matter—a recusal is mandatory. Other situations can give rise to an appearance of a conflict – a set of conditions that call into question a prosecutor’s impartiality. In those cases, a prosecutor might be advised to recuse, but it is not mandatory. We both believe it is crucial that the work of the Justice Department be impartial and that it appear to be impartial. Thus, we believe that these recusal rules should be scrupulously followed. So far, so good.

The blog post debate is here.