Tag: corruption

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Accountability crime and punishment moral hazard property rights U.S. Constitution

Forfeiting Common Sense

civil, asset, forfeiture, civil asset forfeiture, cash, grocery bag, Whole Foods, theft, police, corruption

Is it okay to steal if you can get away with it?

A full answer would require a treatise. But most of us common-​sensibly understand that evil does not magically become good when perpetrators are not stopped or punished. Thrasymachus was wrong to contend, in Plato’s Republic, that justice is merely the “interest of the stronger.”

When it comes to crimes like bank robberies, muggings and car jackings, we have no doubts about this. In such blatant cases, we suffer nothing like the legitimate confusion to which we may be prone regarding the exact border between adjacent parcels of land or the niceties of intellectual property law.

Well, somebody tell the New Hampshire state police.

Some of them apparently believe it’s okay to steal if you can evade laws against the stealing.

New Hampshire’s recent reform of civil forfeiture laws requires criminal conviction of a person before there can be any forfeiture of his property. But a loophole enabled officers to grab $46,000 of Edward Phipps’s money — from his car, stopped on the road — even though he was never accused of a crime. 

How?

It seems that if state cops collaborate with the feds, safeguards established to prevent such abuse can be evaded.

To retrieve even a little of his money ($7,000), Mr. Phipps was forced to relinquish all claim to the balance ($39,000). Even if lawmakers close the loophole, as they should, the robber-​cops will probably get away with this particular larceny. 

They shouldn’t.

That’s injustice, not common sense.  I’m Paul Jacob.

 

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Photo Credit: N.H. State Police

 

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Accountability general freedom government transparency incumbents insider corruption local leaders moral hazard national politics & policies term limits

“Dorky” Doesn’t Define It

term limits, Congress, myth, power, corruption

“Term limits,” said Daniel McCarthy, editor of The Modern Age, in a recent podcast conversation with historian Tom Woods, “was one of the dorkiest ideas of the 1994 so-​called Newt Gingrich revolution.”

He characterized it as not having really gone anywhere.

Huh?

Granted, Congress is still not term-​limited. But Americans in 15 states — including California, Colorado, Florida, Michigan, and Ohio, and representing 37 percent of the nation’s population — do enjoy term-​limited state legislatures.*

And it sure wasn’t Newt Gingrich’s idea. Gingrich opposed it.

McCarthy repeats the old chestnut that what term limitation “winds up doing is actually weakening Congress and congresspeople in particular — relative to their own staff, who stay in Congress and become sort of experts and learn how to manipulate their congressman, and also relative to the executive branch who have people rotate in from time to time.”

Nifty theory — one very popular with politicians, who know that voters fear unelected influences on legislation.

The reality, however, is that Congress, designed by the Constitution’s framers to be both most powerful and closest to the people‚ is, today, the weakest branch.

And legislators are not term limited.

Ditch the “manipulation theory”; adopt a “collaboration theory”: legislators with Methuselah-​long careers learn, sans “rotation in office,” to feather their own nests and those of the interest groups that fund their re-​elections (and insider trading schemes).

Term limits remain popular with normal Americans because voters intuitively grasp the reality of such everyday corruption, which is directly tied to Congress having sloughed off so much constitutional responsibility. 

We need term limits to restore a Congress sold out by professional politicians.

This is Common Sense. I’m Paul Jacob.

 

* Nine of the ten largest cities in America likewise have termed-​limited their elected officeholders. For more information, see the links to the column from which this episode of Common Sense is condensed.

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Accountability crime and punishment folly general freedom government transparency local leaders moral hazard nannyism porkbarrel politics privacy property rights responsibility tax policy too much government

Progress, DC-​Style

gentrification, renewall, Washington D.C., corruption, crony capitalism, housing, dirigisme

Is the black, Democratic mayor of Washington, D.C., actually a “racist”? What about the city council, which is 46 percent African-​American, 85 percent Democrat, and 100 percent liberal/​progressive?

That’s what a lawsuit argues — the DC ‘powers that be’ are racist in their development and housing policies. Filed on behalf of several African-​American DC residents, it alleges that Mayor Muriel Bowser and the council have been striving mightily, as the Washington Post reported, “to ‘lighten’ African American neighborhoods and break up long-​established communities.”

“Every city planning agency,” states the complaint, “. . . conspired to make D.C. very welcoming for preferred residents and sought to displace residents inimical to the creative economy.”

Nothing that a billion dollars couldn’t make right, of course — for which the plaintiffs ask. 

But is gentrification a crime?

As American University professor Derek Hyra told the Post, “Developers want to maximize their return. This is not a conspiracy. This is capitalism.”

But no, this certainly isn’t laissez faire “capitalism.” It could be described as dirigisme — or “state capitalism” or “crony capitalism” or just a bad old-​fashioned mercantilism, revised to work at the city level, where governments partner up with particular groups to extract as much wealth for the insiders as they can. Professor Hyra acknowledges that Bowser and the council were “providing subsidies” to bring in richer citizens and push out poorer ones. 

Most importantly, we discover yet again that the power politicians claim they need to help the poor, is used to help the rich. 

Way to go, “progressives.”

This is Common Sense. I’m Paul Jacob.

 

Note: The mayor is a Democrat and the 13-​member council is composed of eleven (11) Democrats and two (2) independents. There are no Republicans.

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Accountability education and schooling folly government transparency insider corruption local leaders moral hazard nannyism national politics & policies responsibility too much government

Reading, Writing & Racketeering

schools, corruption, D.C., Washington, education, cheating, incentives, teachers, union

When I attended a public school — many decades ago, in a galaxy far, far away — teachers told students that cheating was unacceptable and would be punished.

Harshly.

Today, the idea has students laughing — all the way to graduation.

Last year, after DC Public Schools officials breathlessly announced massive improvements in graduation rates, several honest teachers broke ranks, and an investigation uncovered massive fraud: a whopping one of every three graduates across the city resulted from falsified records. 

Many students played hooky for a third or even half the school year. Administrators also pressured teachers to improve grades to hike the graduation rate.

“The problem,” Washington Post columnist Colbert King concluded, “is systemic indeed.”*

You see, employment evaluations and cash bonuses for teachers and administrators were — and still are — tied in part to student graduation stats. It turns out that an incentive to good work can also serve as an incentive to cheat. Could it be that government employees grading their own work does not encourage honesty?

Just months after confirmation of the worst fears of public school corruption, new allegations against teachers and administrators at Roosevelt High School more than suggest fudging attendance records is ongoing.

“This growing environment of fear and mistrust,” asserts Elizabeth Davis, president of the Washington Teachers’ Union, “has never been addressed and continues to be a disservice to students and teachers.”

City officials have had plenty of time to address the issue. And of the common sense idea that the best way to avoid fear and mistrust is to follow the rules?

Crickets.

This is Common Sense. I’m Paul Jacob.

 

* Nor is the fraudulent behavior limited to dishonestly boosting graduation rates. Former DCPS Chancellor Antwan Wilson resigned back in February after it became public knowledge that his daughter jumped 600 other students on a waiting list for her school. A recent Post story about enrollment fraud, whereby non-​residents grab spots at prestigious schools such as the Duke Ellington School of the Arts, without paying the non-​resident fee, was entitled, “Stop enrollment fraud? D.C. school officials are often the ones committing it.” Two-​thirds of pending cases involve a current or past DCPS employee.

 

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Accountability crime and punishment government transparency insider corruption local leaders media and media people Popular

Sweet Schadenfreude?

Arkansas State Senator Jon Woods, corruption, Arkansas, conspiracy, wire fraud, mail fraud, money laundering

Yesterday, jurors convicted former Arkansas State Senator Jon Woods on 15 felony counts consisting of conspiracy, wire fraud, mail fraud and money laundering.

Woods was at the center of a corrupt scheme to reward cronies at Ecclasia College and AmeriWorks with GIFs — state General Improvement Funds — in return for kickbacks. Former State Rep. Micah Neal, his co-​conspirator, pleaded guilty more than a year ago. And last month, the former president of Ecclesia College, Oren Paris III, also admitted guilt. 

Regular readers may remember Woods as the Senate author of Issue 3, placed on the 2014 ballot by legislators — along with a summary for voters to read that fibbed about “establishing term limits” and imposing a gift ban between lobbyists and legislators. 

Enough voters were hoodwinked,* leading to the gutting of term limits (allowing a legislator to stay in the same seat for 16 years), the empowering of a legislature-​appointed “Independent” Commission to bestow a 150 percent pay raise on legislators, and the enabling of legislators to eat every meal at the lobbyists’ trough.

Mr. Woods now faces as many as 20 years on each of 14 counts and ten more years on the money laundering conviction. Having experienced, in a previous life, the poor customer service in the federal prison system, I do not wish that on anyone. 

But justice has been done.

More good news: the Arkansas Supreme Court has since ruled the entire corrupt GIF program unconstitutional … while Arkansas Term Limits closes in on completion of their petition drive to place a measure on this November’s ballot to restore the term limits stolen by Woods. 

This is Common Sense. I’m Paul Jacob.

 

* The measure passed 52 to 48 percent at the ballot box.

 

Previous coverage here of Woods’ corruption:

 

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Categories
Accountability crime and punishment general freedom government transparency moral hazard national politics & policies privacy property rights too much government U.S. Constitution

Thwarting Cops Who Are Robbers

asset forfeiture, corruption, police, traffic, theft, robbery, traffic stop

“Carrying cash is not a crime,” Institute for Justice attorney Dan Alban informs us, “yet too often the government treats it like one.”

Musician Phil Parhamovich learned that the hard way. He was porting his life savings, almost $92,000 — earmarked for a down payment on a recording studio — when cop-​robbers of the Wyoming Highway Patrol stopped him for not wearing a seat belt.

It turned out to be an extremely expensive infraction. The officers intimated that it was illegal to travel with so much cash and pressured him to hand it over. Scared and believing that his alternative was jail, Phil signed a preprinted waiver letting them grab his life savings.

Preprinted waiver? This means it’s routine for these guys to try to legitimate their actions as they premeditatedly intimidate and rob people.

The state of Wyoming tried to keep the money. Fortunately, the Institute for Justice took Phil’s case, and a judge accepted the facts presented by Phil and his IJ lawyer. After months of tribulation and suspense, the robbery victim got his money back.

Another win for the good guys.

Thankfully, the Institute for Justice’s freedom-​defenders have won a great number of such cases. Yet, IJ lawyers certainly cannot litigate all the forfeiture injustices being committed by government  authorities all across the country.

That’s why the group is pushing to reform civil asset forfeiture laws, requiring a criminal conviction before property can be forfeited. 

And you can help. How? Launch efforts in your town or state, or work to push infant efforts to a higher level. Take the initiative. 

This is Common Sense. I’m Paul Jacob.

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