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 Crimes. Show all posts
Showing posts with label Crimes. Show all posts

Monday, February 18, 2019

Trump lawyers may have given false info about Cohen payments

Tal Axelrod
thehill.com
Originally posted February 15, 2019

Rep. Elijah Cummings (D-Md.), the chairman of the House Oversight and Reform Committee, said Friday the panel believes two attorneys for President Trump may have given false information to government ethics officials.

Cummings said the panel has reviewed newly uncovered documents from the Office of Government Ethics (OGE) suggesting Trump's personal lawyer Sheri Dillon and former White House lawyer Stefan Passantino gave false info about hush-money payments to adult-film actress Stormy Daniels and former Playboy model Karen McDougal.

“It now appears that President Trump’s other attorneys — at the White House and in private practice — may have provided false information about these payments to federal officials,” Cummings wrote in a letter to White House Counsel Pat Cipollone.

Cummings said Dillon “repeatedly stated to federal officials at OGE that President Trump never owed any money to Mr. Cohen in 2016 and 2017” and Passantino falsely told officials that Trump and his former lawyer Michael Cohen had a “retainer agreement.”

The info is here.

Wednesday, February 13, 2019

Former San Diego psychiatrist won't see jail time after admitting to sexual contact with patients

Mark Saunders
www.10news.com
Originally posted January 18, 2019

A former San Diego County psychiatrist who admitted to having sexual contact with seven female patients during office visits and sexual battery will not see any jail time.

Leon Fajerman, 75, was not sentenced to any jail time during his sentencing hearing Friday. Instead, the judge ordered Fajerman to serve house arrest for a year, pay an undetermined amount of restitution, and he must register as a sex offender.

He is eligible to have an ankle bracelet removed after six months of house arrest, pending good behavior.

Friday, victim impact statement's were read in court by the victims' attorney, who called the sentencing of no jail time absurd. Jessica Pride, an attorney representing two victims said they suffered from, “post-traumatic stress disorder, they are also suffering from anxiety, night terrors, insomnia, suicidal ideations.”

The info is here.

Friday, January 18, 2019

House Democrats Look to Crack Down on Feds With Conflicts of Interest, Ethics Violations

Eric Katz
Government Executive
Originally posted January 3, 2018

Federal employees who pass through the revolving door with the private sector and engage in other actions that could present conflicts of interest would come under intensified scrutiny in a slew of reforms House Democrats introduced on Friday aimed at boosting ethics oversight in government.

The new House majority put forward the For the People Act (H.R. 1) as its first legislative priority, after the more immediate concern of reopening the full government. The package involves an array of issues House Speaker Nancy Pelosi, D-Calif., said were critical to “restoring integrity in government,” such as voting rights access and campaign finance changes. It would also place new restrictions on federal workers before, during and after their government service, with special obligations for senior officials and the president.

“Over the last two years President Trump set the tone from the top of his administration that behaving ethically and complying with the law is optional,” said newly minted House Oversight and Reform Committee Chairman Rep. Elijah Cummings, D-Md. “That is why we are introducing the For the People Act. This bill contains a number of reforms that will strengthen our accountability for the executive branch officials, including the president.”

All federal employees would face a ban on using their official positions to participate in matters related to their former employers. Violators would face fines and one-to-five years in prison. Agency heads, in consultation with the director of the Office of Government Ethics, could issue waivers if it were deemed in the public interest.

The info is here.

Tuesday, January 15, 2019

Cheyenne Psychologist And His Wife Sentenced To 37 Months In Prison For Health Care Fraud

Department of Justice
U.S. Attorney’s Office
District of Wyoming
Press Release of December 4, 2018

John Robert Sink, Jr., 68, and Diane Marie Sink, 63, of Cheyenne, Wyoming, were sentenced on December 3, 2018, to serve 37 months in prison for making false statements as part of a scheme to fraudulently bill Wyoming Medicaid for mental health services, which were never provided, announced United States Attorney Mark A. Klaassen. The Sinks, who are married, were also ordered to pay over $6.2 million in restitution to the Wyoming Department of Health and the United States Department of Health and Human Services, and to forfeit over $750,000 in assets traceable to the fraud, including cash, retirement accounts, vehicles, and a residence.

The Sinks were indicted in March 2018 by a federal grand jury for health care fraud, making false statements, and money laundering. At all times relevant to the indictment, John and Diane Sink operated a psychological practice in Cheyenne. John Sink, who was a licensed Ph.D. psychologist, directed mental health services. Diane Sink submitted bills to Wyoming Medicaid and managed the business and its employees. The Sinks provided services to developmentally disabled Medicaid beneficiaries and billed Medicaid for those services.

Between February 2012 and December 2016, the Sinks submitted bills to Wyoming Medicaid for $6.2 million in alleged group therapy. These bills were false and fraudulent because the services provided did not qualify as group therapy as defined by Wyoming Medicaid. The Sinks also falsely billed Medicaid for beneficiaries who were not participating in any activities, and therefore did not receive any of the claimed mental health services. When Wyoming Medicaid audited the Sinks in May 2016, the Sinks did not have necessary documentation to support their billing, so they ordered an employee to create backdated treatment plans. The Sinks then submitted these phony treatment plans to Wyoming Medicaid to justify the Sinks’ false group therapy bills, and to cover up their fraudulent billing scheme.

The pressor is here.

Wednesday, December 19, 2018

What can we learn from Dartmouth?

Leah Somerville
www.sciencemag.org
Originally posted November 20, 2018

Here are two excerpts:

There are many urgent discussions that are needed right now to address the cultural problems in academia. We need to find ways to support trainees who have experienced misconduct, to identify malicious actors, to reconsider departmental and institutional policies, and more. Here, I would like to start a discussion aimed at the scientific community of primarily well-intentioned actors, using my own experiences as a lens to consider how we can all be more attuned to the slippery slope on which a toxic environment can be built.

Blurry boundaries. In scientific laboratories, it can be easy to blur lines between the professional and the personal. People in labs spend a lot of time together, travel together, and in some cases socialize together. Some people covet a close, “family-like” lab environment. For faculty members, what constitutes appropriate boundaries is not always obvious; after all, new faculty members are often barely older than their trainees. But whether founded on good intentions or not, close personal relationships can be a slippery slope because of the inherent power differential between trainee and mentor.

(cut)

Shame and isolation. It is harder to appreciate the sheer dysfunctionality of an environment if you believe you are experiencing it alone. Yet even if multiple individuals have similar experiences, they may hesitate to share them out of fear and shame or a sense of pluralistic ignorance. The result? Toxic environments can remain shrouded in secrecy, allowing them to perpetuate and intensify over time. For example, a friend of mine from this era did not tell me until years later that she was the recipient of an unwanted sexual advance. This event and its aftermath had an excruciating impact on her experience as a graduate student, yet she suffered through this turmoil in silence.

It is crucial that people in positions of power appreciate the shame and isolation that can accompany being a recipient of inappropriate behavior and the great personal cost of coming forward. Silence should not be interpreted as a signal that the events were not serious and damaging. Moreover, students need to perceive that clear channels of support and communication are available to them.

The info is here.

Wednesday, November 28, 2018

Why good businesspeople do bad things

Joseph Holt
The Chicago Tribune
Originally posted October 30, 2018

Here is an excerpt:

Businesspeople are also more likely to engage in bad behavior if they assume that their competitors are doing so and that they will be at a competitive disadvantage if they do not.

A 2006 study showed that MBA students in the U.S. and Canada were more likely to cheat than other graduate students. One of the authors of the study, Donald McCabe, explained in an article that the cheating was a result of MBA students’ “succeed-at-all-costs mentality” and the belief that they were acting the way they believed they needed to act to succeed in the corporate world.

Casey Donnelly, Gatto’s attorney, claimed in her opening statement at the trial that “every major apparel company” engaged in the same payment practice, and that her client was simply attempting to “level the playing field.”

Federal authorities engaged in a yearslong investigation of shadowy dealings involving shoe companies, sports agents, college coaches and top high school basketball players have reportedly looked into Nike and Under Armour as well as Adidas.

Time will tell whether those companies were involved in similar payment schemes.

The info is here.

Sunday, November 18, 2018

Dartmouth Allowed 3 Professors to Sexually Harass and Assault Students, Lawsuit Charges

Nell Gluckman
The Chronicle of Higher Education
Originally published November 15, 2018

Seven current and former students sued Dartmouth College on Thursday, saying it had failed to protect them from three psychology and brain-science professors who sexually harassed and assaulted them. In the lawsuit, filed in a federal court in New Hampshire, they say that when they and others reported horrific treatment, the college did nothing, allowing the professors’ behavior to continue until last spring, when one retired and the other two resigned.

The 72-page complaint, which seeks class-action status, describes an academic department where heavy drinking, misogyny, and sexual harassment were normalized. It says that the three professors — Todd F. Heatherton, William M. Kelley, and Paul J. Whalen — “leered at, groped, sexted,” and “intoxicated” students. One former student alleges she was raped by Kelley, and a current student alleges she was raped by Whalen. Dartmouth ended a Title IX investigation after the professors left, and, as far as the complainants could tell, did not attempt to examine how the abuse occurred or how it could be prevented it from happening again, according to the complaint.

In a written statement, a Dartmouth spokesman said that college officials “respectfully but strongly disagree with the characterizations of Dartmouth’s actions in the complaint and will respond through our own court filings.”

The info is here.

Monday, September 10, 2018

The Vatican knew of a cover-up involving abusive priests, Pennsylvania AG says

Holly Yan
CNN.com
Originally published August 28, 2018

In the latest scathing allegation against the Catholic church, Pennsylvania's attorney general said the Vatican knew about a cover-up involving sex abuse allegations against priests.

"We have evidence that the Vatican had knowledge of the cover-up," Attorney General Josh Shapiro told NBC's "Today" show Tuesday.

He later told CNN's Wolf Blitzer, "Once the Vatican learned of it, I do not know if the Pope learned about it or not."

The accusation comes two weeks after the release of a grand jury report saying hundreds of "predator priests" had abused children in six Pennsylvania dioceses over the past seven decades.
Shapiro did not specify Tuesday what evidence he has that would suggest the Vatican knew of a cover-up.

The information is here.

Monday, September 3, 2018

Bishop says Catholic Church suffers from 'crisis of sexual morality'

Daniel Burke
CNN.com
Originally posted August 1, 2018

The sexual abuse accusations against a prominent American archbishop reveal a "grievous moral failure" within the Catholic Church, the president of the US Conference of Catholic Bishops said on Tuesday.

Cardinal Daniel DiNardo, president of the Catholic bishops conference, also said the conference "will pursue the many questions" about the accusations against Archbishop Theodore McCarrick "to the full extent of its authority."

"Our Church is suffering from a crisis of sexual morality," DiNardo said. "The way forward must involve learning from past sins."

DiNardo's statement comes as the Catholic Church, including Pope Francis, is facing a quickly escalating sexual abuse scandal that has ensnared top church leaders on several continents.

The information is here.

Sunday, August 26, 2018

Ohio State places winning above morality by failing to fire Urban Meyer

Ryan Pawloski
The Daily Nebraskan
Originally published August 29, 2018

Here is an excerpt:

These off-field scandals were no secret back when Meyer was at Florida, and Ohio State showed that it was willing to look past them when it hired him a year after he left Gainesville.

It is evident that Ohio State kept Meyer because he wins, but the question still remains: Why did Ohio State fire Tressel after the 2011 tattoo scandal, but keep Meyer after knowing he kept a domestic abuser on his staff and lied about not knowing?

Tressel had a successful tenure as the Ohio State head coach from 2001-10 as he went 106-22 — 94-22 after NCAA sanctions — and won five Big Ten titles and one national title in 2002. Many would think that Ohio State would have kept Tressel just like it did with Meyer because he won, too.

The answer is simple. Meyer has been better for the Buckeyes than Tressel was. Tressel was one of the top coaches in the country at Columbus and any program would have taken him if he was on the market, but Meyer was better.

Meyer retired from coaching in 2010 because of health and family reasons. About six months later, Tressel was forced out by Ohio State because of NCAA violations. An explanation for Tressel’s termination was that Meyer was on the market and Ohio State knew it had a chance to get the coach it always wanted.

The info is here.

Saturday, August 25, 2018

President Trump brings mafia ethics to the GOP

Paul Waldman
The Washington Post
Originally posted on August 23, 2018

Here is an excerpt:

But Trump is big on people keeping their mouths shut. As head of the Trump Organization, as a candidate and as president, he has forced underlings to sign nondisclosure agreements forbidding them from revealing what saw while in his employ. In many cases, those agreements included non-disparagement clauses in which the signer had to pledge never to criticize Trump or his family for as long as they lived. The mafia had “omerta,” and Trump has the NDA.

So how will Republicans react to Trump’s diatribe against flipping criminals? Will they try to ignore it or decide he has a point?

The thing about a cult of personality is that its character depends on the personality in question. Republicans sometimes mocked Democrats for worshiping Barack Obama, and you might argue that some of his supporters got a bit starry-eyed at times, particularly in 2008. But Obama never asked them to suddenly offer a full-throated defense of something morally abhorrent simply because the president thought it might be good for him. Whether you agreed with his policy choices, Obama was a man of great personal integrity who ran an administration free of any significant scandal. No Obama supporter ever said, “Oh my god, I never thought he’d ask me to justify that.”

Trump does, on an almost daily basis. But if his supporters are having any doubts, they might want to consider that this won’t be the last time he asks them to abandon their principles.

The info is here.

Sunday, July 15, 2018

Should the police be allowed to use genetic information in public databases to track down criminals?

Bob Yirka
Phys.org
Originally posted June 8, 2018

Here is an excerpt:

The authors point out that there is no law forbidding what the police did—the genetic profiles came from people who willingly and of their own accord gave up their DNA data. But should there be? If you send a swab to Ancestry.com, for example, should the genetic profile they create be off-limits to anyone but you and them? It is doubtful that many who take such actions fully consider the ways in which their profile might be used. Most such companies routinely sell their data to pharmaceutical companies or others looking to use the data to make a profit, for example. Should they also be compelled to give up such data due to a court order? The authors suggest that if the public wants their DNA information to remain private, they need to contact their representatives and demand that legislation that lays out specific rules for data housed in public databases.

The article is here.

Wednesday, June 27, 2018

Experts outline ethics issues with use of genealogy DNA to solve crimes

Carolyn Crist
Business Insider
Originally published June 1, 2018

With recent revelations that U.S. law enforcement can - and already has - dipped into consumer genealogy DNA databases to help solve crimes, experts say more discussion of the ethical issues raised by this unintended use of personal information is needed.

It's unclear, for instance, whether online genealogy site users know their DNA is available to criminal investigators - and whether they'd object to it being used for that purpose, write the authors of an essay exploring the topic in the Annals of Internal Medicine.

"We're seeing a divide about this right now. On one hand, it's a powerful technology to solve cases, but it also raises questions for consumers," said lead author Benjamin Berkman, who heads the section on the ethics of genetics and new technologies at the National Institutes of Health's Department of Bioethics in Bethesda, Maryland.

"The idea that they upload their data for genealogy purposes and it's used in such a different way really surprises some people," he told Reuters Health in a telephone interview. "The terms of service agreements don't explain this clearly, and even if they did, people wouldn't read it or find it in the dense legalese."

The information is here.

Wednesday, June 6, 2018

Welcome to America, where morality is judged along partisan lines

Joan Vennochi
Boston Globe
Originally posted May 8, 2018

Here some excerpts:

“It’s OK to lie to the press?” asked Stephanopoulos. To which, Giuliani replied: “Gee, I don’t know — you know a few presidents who did that.”

(cut)

Twenty years later, special counsel Robert Mueller has been investigating allegations of collusion between the Trump campaign and the Russian government. Trump’s lawyer, Cohen, is now entangled in the collusion investigation, as well as with the payment to Daniels, which also entangles Trump — who, according to Giuliani, might invoke the Fifth Amendment to avoid testifying under oath. That must be tempting, given Trump’s well-established contempt for truthfulness and personal accountability.

(cut)

So it goes in American politics, where morality is judged strictly along partisan lines, and Trump knows it.

The information is here.

Sunday, April 15, 2018

What’s Next for Humanity: Automation, New Morality and a ‘Global Useless Class’

Kimiko de Freytas-Tamura
The New York Times
Originally published March 19, 2018

What will our future look like — not in a century but in a mere two decades?

Terrifying, if you’re to believe Yuval Noah Harari, the Israeli historian and author of “Sapiens” and “Homo Deus,” a pair of audacious books that offer a sweeping history of humankind and a forecast of what lies ahead: an age of algorithms and technology that could see us transformed into “super-humans” with godlike qualities.

In an event organized by The New York Times and How To Academy, Mr. Harari gave his predictions to the Times columnist Thomas L. Friedman. Humans, he warned, “have created such a complicated world that we’re no longer able to make sense of what is happening.” Here are highlights of the interview.

Artificial intelligence and automation will create a ‘global useless class.’

Just as the Industrial Revolution created the working class, automation could create a “global useless class,” Mr. Harari said, and the political and social history of the coming decades will revolve around the hopes and fears of this new class. Disruptive technologies, which have helped bring enormous progress, could be disastrous if they get out of hand.

“Every technology has a good potential and a bad potential,” he said. “Nuclear war is obviously terrible. Nobody wants it. The question is how to prevent it. With disruptive technology the danger is far greater, because it has some wonderful potential. There are a lot of forces pushing us faster and faster to develop these disruptive technologies and it’s very difficult to know in advance what the consequences will be, in terms of community, in terms of relations with people, in terms of politics.”

The article is here.

The video is worth watching.

Please read Sapiens and Homo Deus by Yuval Harari.

Friday, February 23, 2018

Apple vs. Ivanka Trump: Competing ethics collide in China

Erika Kinetz
Associated Press
Originally published January 25, 2018

Here is an excerpt:

Ivanka Trump's company, meanwhile, has called supply chain integrity a "top priority," but maintains that suppliers are the responsibility of its licensees — companies it contracts with to manufacture tons of Ivanka Trump handbags, shoes and clothes. The brand doesn't publish the identities of its manufacturers. In fact, its supply chains have only grown more opaque since the First Daughter took on her White House role, the Associated Press showed last year.

"That mode of thinking is the dominant mode of thinking," said Seth Gurgel, who has worked on Chinese legal and labor rights issues for more than a decade. "They'd be a textbook company that would want to hide behind licensee protections."

Big brands with dedicated suppliers tend to be more invested in workplace conditions than smaller brands like Ivanka Trump's. But the political and ethical calculus surrounding Ivanka Trump's name — and her namesake brand, which she still owns but no longer closely manages — shifted radically when she became an adviser to her father in the White House.

"If Ivanka could be pressured or convinced to become a global leader or speak out about abuses in the apparel industry, she could be a huge ally for labor NGOs and worker groups around the world," Gurgel said.

The article is here.

Sunday, February 18, 2018

Responsibility and Consciousness

Matt King and Peter Carruthers

1. Introduction

Intuitively, consciousness matters for responsibility. A lack of awareness generally provides the
basis for an excuse, or at least for blameworthiness to be mitigated. If you are aware that what
you are doing will unjustifiably harm someone, it seems you are more blameworthy for doing so
than if you harm them without awareness. There is thus a strong presumption that consciousness
is important for responsibility. The position we stake out below, however, is that consciousness,
while relevant to moral responsibility, isn’t necessary.

The background for our discussion is an emerging consensus in the cognitive sciences
that a significant portion, perhaps even a substantial majority, of our mental lives takes place
unconsciously. For example, routine and habitual actions are generally guided by the so-called
“dorsal stream” of the visual system, whose outputs are inaccessible to consciousness (Milner &
Goodale 1995; Goodale 2014). And there has been extensive investigation of the processes that
accompany conscious as opposed to unconscious forms of experience (Dehaene 2014). While
there is room for disagreement at the margins, there is little doubt that our actions are much more
influenced by unconscious factors than might intuitively seem to be the case. At a minimum,
therefore, theories of responsibility that ignore the role of unconscious factors supported by the
empirical data proceed at their own peril (King & Carruthers 2012). The crucial area of inquiry
for those interested in the relationship between consciousness and responsibility concerns the
relative strength of that relationship and the extent to which it should be impacted by findings in
the empirical sciences.

The paper is here.

Sunday, December 17, 2017

The Impenetrable Program Transforming How Courts Treat DNA

Jessica Pishko
wired.com
Originally posted November 29, 2017

Here is an excerpt:

But now legal experts, along with Johnson’s advocates, are joining forces to argue to a California court that TrueAllele—the seemingly magic software that helped law enforcement analyze the evidence that tied Johnson to the crimes—should be forced to reveal the code that sent Johnson to prison. This code, they say, is necessary in order to properly evaluate the technology. In fact, they say, justice from an unknown algorithm is no justice at all.

As technology progresses forward, the law lags behind. As John Oliver commented last month, law enforcement and lawyers rarely understand the science behind detective work. Over the years, various types of “junk science” have been discredited. Arson burn patterns, bite marks, hair analysis, and even fingerprints have all been found to be more inaccurate than previously thought. A September 2016 report by President Obama’s Council of Advisors on Science and Technology found that many of the common techniques law enforcement historically rely on lack common standards.

In this climate, DNA evidence has been a modern miracle. DNA remains the gold standard for solving crimes, bolstered by academics, verified scientific studies, and experts around the world. Since the advent of DNA testing, nearly 200 people have been exonerated using newly tested evidence; in some places, courts will only consider exonerations with DNA evidence. Juries, too, have become more trusting of DNA, a response known popularly as the “CSI Effect.” A number of studies suggest that the presence of DNA evidence increases the likelihood of conviction or a plea agreement.

The article is here.

Tuesday, August 1, 2017

Henderson psychologist charged with murder can reopen practice

David Ferrara
Las Vegas Review-Journal
Originally posted July 14, 2017

A psychologist accused of killing his wife and staging her death as a suicide can start practicing medicine again in less than four months, the Nevada Board of Psychological Examiners decided Friday.

Suspected of abusing drugs and obtaining prescription drugs from patients, Gregory “Brent” Dennis, who prosecutors say poisoned attorney Susan Winters inside their Henderson home, also must undergo up to seven years of drug treatment, the seven-member panel ruled as they signed a settlement agreement that made no mention of the murder charge.

“It’s clear that the board members do not know what Brent Dennis was arrested for,” Keith Williams, a lawyer for the Winters family, told a Las Vegas Review-Journal reporter after the meeting. “We’re confident that they did not know what they were voting on today.”

Henderson police arrested Dennis on the murder charge in February.

The article is here.

Tuesday, July 25, 2017

Should a rapist get Viagra or a robber get a cataracts op?

Tom Douglas
Aeon Magazine
Originally published on July 7, 2017

Suppose a physician is about to treat a patient for diminished sex drive when she discovers that the patient – let’s call him Abe – has raped several women in the past. Fearing that boosting his sex drive might lead Abe to commit further sex offences, she declines to offer the treatment. Refusal to provide medical treatment in this case strikes many as reasonable. It might not be entirely unproblematic, since some will argue that he has a human right to medical treatment, but many of us would probably think the physician is within her rights – she’s not obliged to treat Abe. At least, not if her fears about further offending are well-founded.

But now consider a different case. Suppose an eye surgeon is about to book Bert in for a cataract operation when she discovers that he is a serial bank robber. Fearing that treating his developing blindness might help Bert to carry off further heists, she declines to offer the operation. In many ways, this case mirrors that of Abe. But morally, it seems different. In this case, refusing treatment does not seem reasonable, no matter how well-founded the surgeon’s fear. What’s puzzling is why. Why is Bert’s surgeon obliged to treat his blindness, while Abe’s physician has no similar obligation to boost his libido?

Here’s an initial suggestion: diminished libido, it might be said, is not a ‘real disease’. An inconvenience, certainly. A disability, perhaps. But a genuine pathology? No. By contrast, cataract disease clearly is a true pathology. So – the argument might go – Bert has a stronger claim to treatment than Abe. But even if reduced libido is not itself a disease – a view that could be contested – it could have pathological origins. Suppose Abe has a disease that suppresses testosterone production, and thus libido. And suppose that the physician’s treatment would restore his libido by correcting this disease. Still, it would seem reasonable for her to refuse the treatment, if she had good grounds to believe providing it could result in further sex offences.