Category: Legal Issues – Specific Litigation

The CBS Murders

The Book of the Week is “The CBS Murders” by Richard Hammer, published in 1987. This is the true story of the murders of two women, and three men who were by-standing CBS employees– in a parking lot in midtown Manhattan’s far west side in April 1982.

The ugly crime was the culmination of a white-collar crime spree committed over a number of years by a family named Margolies, in the jewelry business. The major perpetrator of the crimes, Irwin, schemed to blame the company bookkeeper, but complications arose.

The case was unusual in that criminals like Irwin generally do not hire a hitman, but only hire fancy attorneys to weasel out of legal trouble. Irwin and his wife Madeleine behaved like a dictatorial couple, like the Perons, Caucescus or the Marcoses. Read the book to learn the details of this suspenseful business story.

Tomorrow You Go Home

The Book of the Week is “Tomorrow You Go Home” by Tig Hague, published in 2008. This is the suspenseful story of how Russian authorities severely punished an Englishman for a minor indiscretion in the summer of 2003.

Hague had forgotten he had left a tiny amount of hashish in his jeans pocket before boarding a flight to Moscow. He was detained at the airport. His naivete led to his arrest and imprisonment. He was denied what is, in Western nations, due process. However, he was less deprived than other prisoners because he received care packages from the British Embassy and his family– consisting of noodles, biscuits, cigarettes, coffee, chocolate and warm clothing. The odds were stacked against him at his court hearings. The Russian prison authorities played a petty power game via bribery, to hang onto contraband and inside information from the hapless prisoners– some of whom were there because they had been framed– awaiting release.

Read the book to learn of Hague’s trials and tribulations, suffered at the hands of a corrupt, arbitrary system.

Judgment Ridge

The Book of the Week is “Judgment Ridge” by Dick Lehr and Mitchell Zuckoff, published in 2003.  This is the shocking, true, suspenseful story of the murder of two Dartmouth professors in early 2001.

The perpetrators had a history of petty criminal behaviors but there were no serious consequences for them. One of the killers was a controlling psychopath, and his unnaturally close friend’s blind obedience engendered a dangerous combination. The reason the murders were hard to foresee was that the killers revealed only small pieces of themselves to different people in their lives. No one knew them well, not even their parents. Thus, no one individual saw the big picture– that the sons were going to commit the gruesome act that they did.

The killers’ parents– the would-be authority figures in their lives, had no knowledge of their whereabouts, and neither checked up on their activities, nor took an interest in them. Arguably, the parents allowed their sons too much freedom, and not enough supervision. The killers’ families lived in an unconventional surburban community. The school system accommodated their bids for attention, rather than punishing them for their disruptiveness.

Read the book to learn of other factors that allowed the deaths to occur and the details of the aftermath.

Indefensible

The Book of the Week is “Indefensible” by David Feige, published in 2006. This is an autobiographical account of a public defender; an attorney who represents indigent people accused of street crime, who were assigned to him by the court.

Feige described his experiences with the people in the criminal justice system in the New York City of the 1990’s. He had to deal with the homeless, mentally ill, addicts, gang members, good people who were wrongly accused– and their family members; judges and other court personnel, and fellow attorneys. There were personality types he saw over and over again– the poorly educated jailed people trapped in the poverty cycle due to their bad choices, bad luck and a series of circumstances out of their control; good, fair judges; and unsympathetic and sadistic judges.

Feige was overworked, underpaid and his anecdotes smacked of the proverb, “Good to know the law, better to know the judge.”

Read this depressing book to get an intimate picture of the inner-city downtrodden, and the difficulties of keeping them from being jailed, even when they are innocent, due to the odds against them.

The Strange Case of the Mad Professor

The Book of the Week is “The Strange Case of the Mad Professor” by Peter Kobel, published in 2013. This ebook recounts the sordid story of a petty, vengeful university professor who was passionate about his field of study, lemurs.

Professor John Buettner-Janusch (aka “B-J”), of German and Austrian descent, was born in 1924. He grew up in the United States, but went to jail for evading the draft during WWII. “His desire for attention was enormous, and he never seemed to care much whether that notice was admiration, disdain, or loathing.”

B-J eventually rose through the ranks of higher education while collecting a menagerie of lemurs that were subjected to primate research. People either loved him or hated him. He was like a “Dr. Jekyll and Mr. Hyde”. It became apparent that he was also a sociopath.

Starting in the late 1970’s, he was charged with serious crimes. “…But much of B-J’s pretrial testimony formed a farrago of lies and half-truths, of the incredible or incomprehensible.”

Read the book to learn what became of this colorful character.

Mule

The Book of the Week is “Mule, My Dangerous Life as a Drug Smuggler Turned DEA Informant” by Chris Heifner, published in 2012.

This suspenseful ebook is a personal account of someone who drove truckfuls of marijuana across state lines for tens of thousands of dollars per trip. In a college class, the author happened to meet a guy who ran a large smuggling operation. In the late 1990’s, this illegal business was booming in Texas, partly because some members of the Mexican army were accomplices. One time, when Heifner drove a load to Mexico, he witnessed the crash of a prop plane. The military rushed over to remove its contraband cargo before attending to the injured pilot.

Drug smuggling is a heartless business in which no one completely trusts anyone. Initially, the fear of getting caught was hard to stomach for the author because the punishment was so harsh, but the lure of the vast quantity of easy money was addictive. Read the book to learn what transpired when he did get caught.

Why I Left Goldman Sachs

The Book of the Week is “Why I Left Goldman Sachs” by Greg Smith, published in 2012.

This career memoir details how the author experienced the change for the worse in corporate culture of stock brokerage Goldman Sachs (GS) over the course of a little more than a decade, from 2000 to early 2012. The company lost its way in terms of its mission and values, which embodied fiduciary duty and integrity.

In 2000, the author completed the selective, elitist, highly coveted summer internship program at the brokerage. He saw how principled the money managers were in recommending truly suitable transactions to their clients; not necessarily the most profitable ones.

When he began working there as a full-fledged staff member the following year, he took to the work, possessing the right combination of talents, skills and abilities to focus for long hours on conferring with clients and doing what was financially best for them. The goal was to build trust in order to foster a long-term relationship. It stands to reason that that is a more profitable course of action than seeking to rake in maximum money in the short term– which would provoke disloyalty from the client, when the client realizes he’s been taken advantage of.

Smith writes that a gradual change was occurring at his workplace around the start of 2005. At the time, he admittedly was “drinking the Kool Aid” like everyone else. The megabucks were multiplying because conflicts of interest were increasing betwen the brokerage and the government and other entities with which the brokerage was associated in various ways. The CEO and COO of GS were all for it. Their yearly letter to shareholders reasoned that such conflicts were inevitable, and were a sign that business was good. A telling example: GS netted approximately $100 million when it helped its client, the New York Stock Exchange merge with publicly traded, electronic exchange Archipelago in a $9 billion deal.

In the early 2000’s, one trend in the securities industry that would contribute to huge financial losses for the big firms including GS, was automated trading via software. The autotraders of the different firms were programmed to engage in largely the same behavior. They sought to trade in obscure, off-the-beaten path investments in markets in which it was difficult to find a buyer when it came time to sell. And they were all trying to sell at the same time. That was not a condition the autotrader creators had anticipated.

Another aspect of the big picture was that the people selling the financial products– more specifically, derivatives– did not themselves, understand what they were selling. It might be recalled that a derivatives debacle plagued the securities industry in 1994. Apparently, in 2007-2009, the greedy people involved in this rerun of a financial catastrophe failed to read their history, or had short memories. And governments of entire countries like Libya, were suffering losses of billions of dollars, thanks to GS, in 2007.

Read the book to learn much more about the outrageous occurrences borne of avarice witnessed by the author and the world during what became for him, an ordeal, characterized by the saying, “The fish rots from the head down.”

The Law of the Jungle – Bonus Post

This blogger skimmed the ebook, “The Law of the Jungle” by Paul M. Barrett, published in 2014.  This is the story of a decades-long court case involving oil contamination in the Amazonian rain forest of northeastern Ecuador, to which a number of cliches apply:

Pox on the houses of both the plaintiff and the defendant;

A man is known by the company he keeps; and

When you lie down with dogs, you get fleas.

Starting in 1993, the plaintiff, represented by a greedy, egotistical, loudmouthed, yet shrewd attorney– Steven Donziger– claimed that defendant, Texaco, and then successor Chevron oil company, had caused illness, deaths, and damage to the quality of life of thousands of farmers and tribesmen in Ecuador. The Amazonians were allegedly poisoned by the oil-contaminated streams where they fished, bathed and gathered drinking water. The oil company had established a presence in their villages since 1964, when it forged an agreement with the Ecuadorian government to drill on 3.5 million and later, 4 million acres in the Oriente region.

The author tells a suspenseful, controversial story that reveals valid arguments on both sides. There was evidence of serious disruption of villagers’ lives. This included cancer clusters and other health issues that plagued the Ecuadorians, pollution of the place where they lived, the unintended consequence of violent fighting for jobs and over income inequality between Indians and homesteaders, etc. directly attributable to the activities of, and inept cleanup of, oil that allowed spreading of toxic chemicals by, the petroleum companies. On the other hand, over the years, the economy of the country of Ecuador made great strides due to the companies’ building of, and heavy investment in, transportation infrastructure and the side effects of job creation and good political relations that would not have occurred but for the corporate presence in Ecuador.

According to the author, the plaintiff’s attorney went after “big oil” rather than “… a struggling national government responsible for letting down its people” because big oil had more sex appeal. It could also be that big oil had deeper pockets.

In sum, “The oil pollution suit was not unique. Ecuador’s judiciary had a well-earned reputation for corruption and chaos.”

Read the book to learn of the various sleazy tactics employed by both sides in the dispute, and to get a concise, eloquent summary of the whole story– read the “Conclusions” section of this ebook.

In the Name of Profit – Bonus Post

This blogger skimmed the ebook, “In the Name of Profit” by multiple co-authors, originally published in 1972. This depressing set of anecdotes on corporate greed simply reminds the reader that there is nothing new under the sun.

One theme is that through the 1950’s and 1960’s, big manufacturers such as Goodrich and General Motors had constructive knowledge that the products they sold were defective. Purchasers had bad experiences, and were seriously injured or were killed by those products. The companies’ attorneys and their employees rationalized that “‘planned obsolescence” meant progress. “But the meaning is clear: ‘Go cheapen the product so we can make more money.” In the case of drug company Richardson-Merrell, the product wasn’t cheapened, but rather, serious side effects were downplayed or hushed up and the results of FDA pre-approval testing were fabricated. Unsurprisingly, the company and its subsidiaries hired top-dollar attorneys skilled at helping businesses weasel out of legal trouble.

Another topic covered was Napalm, whose evolution began at Guadalcanal during WWII. “The Napalm fire bomb was deliberately designed as an indiscriminate terror weapon for mass destruction and death among civilians.” When people in Vietnam were harmed, Dow Chemical’s legal defense was bolstered by the fact that it had received orders by the U.S. Government to make the controversial product.

This ebook also discussed stock manipulation and corporate takeover. SEC laws were shown to be very lax in the 1950’s and 1960’s, as one particular perpetrator did jail time for various securities violations, but after his release, went right back to his old tricks. One Herbert Korholz repeatedly gamed the system with acquisitions. President of the Susquehanna corporation, he was able to bribe directors and officers in taking over another company with a secret tender offer of a share price higher than what was to be offered to the general share-owning public. “Profit-making firms can cut their taxes magnificently by merging with big losers…” One Maurice Schy, an attorney, attempted to make the government aware of Korholz’s unethical, unlawful and disgusting behavior, by filing lawsuits through the years, to no avail. Government officials were mired in conflicts of interest (favorable to Korholz’s interest) and ruled against Schy every time except one; a ruling was pending as this book was being released in 1972. Schy had finally gotten a possible break only because there was another case brought by another party against Korholz’s companies’ illegal activities.

In sum, we human beings are a mixed bag of evolutionary traits; altruism and greed among them. On many occasions, greed wins out, and we never seem to learn from those past occasions.