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Deception About Ethics Commission Approval and Another Problem with Ethics Self-Regulation
Wednesday, November 4th, 2009
Robert Wechsler
This week saw the opening of the trial of former New York state senate
majority leader Joseph Bruno for honest services fraud. According to
the assistant U.S. attorney presenting the
case, as quoted
in the Albany Times-Union, although a
criminal trial, "this case is about conflicts of
interest. It's about failure to
disclose conflicts of interest, and it's about concealment of
information that might have exposed conflicts of interest."
Among the allegations, according to an article in the Troy Record, was one that Bruno "used his position to exert influence over entities or individuals that needed to curry his favor in state government." One of the most serious allegations was that individuals who gave Bruno money to use his influence "were led to believe their involvement with Bruno had been cleared by the Legislative Ethics Panel when, in fact, they had not."
What makes this so serious is the fact that even law-abiding individuals might have become complicit in the senator's unethical conduct. It is important that those who do business with government can make a thoughtful ethical decision whether to improperly influence an official and whether to disclose transactions. If someone is told that the influence has been vetted and that there is no need to disclose the transaction, they will not be able to act responsibly. They become accomplices by deception. It's no surprise that, apparently, several of these individuals are willing to testify against Bruno.
Bruno's lawyer "accused the federal government of getting involved in a matter that at a state level would amount to no larger than an ethics fine or misdemeanor charge." But isn't the federal involvement due to the fact that, at the state level, the ethics of New York legislators is self-regulated, and that there was a lot more self than there was regulation?
Here is yet another problem with self-regulation: it practically begs the federal government to get involved. Better to have an independent ethics commission deal with conflict and disclosure matters at the state level, before they get so out of hand, the federal government has to step in.
Robert Wechsler
Director of Research-Retired, City Ethics
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Among the allegations, according to an article in the Troy Record, was one that Bruno "used his position to exert influence over entities or individuals that needed to curry his favor in state government." One of the most serious allegations was that individuals who gave Bruno money to use his influence "were led to believe their involvement with Bruno had been cleared by the Legislative Ethics Panel when, in fact, they had not."
What makes this so serious is the fact that even law-abiding individuals might have become complicit in the senator's unethical conduct. It is important that those who do business with government can make a thoughtful ethical decision whether to improperly influence an official and whether to disclose transactions. If someone is told that the influence has been vetted and that there is no need to disclose the transaction, they will not be able to act responsibly. They become accomplices by deception. It's no surprise that, apparently, several of these individuals are willing to testify against Bruno.
Bruno's lawyer "accused the federal government of getting involved in a matter that at a state level would amount to no larger than an ethics fine or misdemeanor charge." But isn't the federal involvement due to the fact that, at the state level, the ethics of New York legislators is self-regulated, and that there was a lot more self than there was regulation?
Here is yet another problem with self-regulation: it practically begs the federal government to get involved. Better to have an independent ethics commission deal with conflict and disclosure matters at the state level, before they get so out of hand, the federal government has to step in.
Robert Wechsler
Director of Research-Retired, City Ethics
---
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