CORPORATE CRIMEFIGHTERS OF AMERICA -- June 9, 2004
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DR. JUDY RESPONDS TO JUDGE PONSOR'S UNFAIR, UNINFORMED, "DIDN'T BOTHER TO READ THE EVIDENCE" PRO-INSURER "JUDGMENT"
http://www.corporatecrimefighters.com/html...1.04_redact.htm
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THE IME HANDBOOK IS NOW ONLINE
IME's are designed to screw you over. If you're going to one you need to read this handbook. And also the other IME link on our front page:
http://www.micethatroar.com/ime.pdf
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OOPS, A READER POINTED OUT WE CHEERED ONE OF THE BAD GUYS
I am concerned with your most recent Internet posting. You provide a link to Justice Edith Jones as if she were some judicial saint. In fact, it is justices like Justice Jones who are the ones who are responsible for the nightmarish Hell visited upon Dr. Judy. She opposes any class action lawsuit to stop UNUM from cheating the public. She opposes almost every type of lawsuit by consumers against business and thinks that women empoyees who are grobed and sexually assualted at work should know their place and not complain and certainly not file lawsuit. She thinks that criminal defendants whose attorneys sleep during their trial received a fair trial. She see nothing wrong with prosecutors telling juries that it is OK to send a Gay Person to prison because homos like to get screwed.
Justice Jones' idea of a corrupt judicial system is one which allows Dr. Judy to file a lawsuit against an ERISA Plan -- it is an extention of the Employer and employees should not sue Employers. Her idea of a proper legal system is where Dr. Judy woud show due respect to her Employer and the Disability Plan provided by her Employer by simplying dying quietly. Appellate Justices like Jones are the reason UNUM is able to cheat and even murder so many innocent people. You cannot complain about the treatment Dr. Judy received and promote Justice Jones. She is probably to the right of Scalia and Thomas.
http://www.auschron.com/issues/dispatch/20...pols_naked.html
http://tspweb02.tsp.utexas.edu/webarchive/..._s02_Jones.html
http://www.law.virginia.edu/home2002/html/...judge_jones.htm
Webmaster's comments: This happens a lot. Crooked politicians and judges whose only purpose is to screw the people often mask themselves as proponents of "justice" and "fair play." Just about every so-called "citizens" tort reform group, for instance, is an insurance industry front bent on destroying your right to fight them. You have to be very careful whom you endorse. Even I can make a mistake by only skimming articles. I did that once by recommending the Jail 4 Judges site, which turned out to be a front for corporate activists bent in installing pro-corporate judges, when I thought, on first glance, they wanted to go after crooked judges. You have to be very careful these days about what you endorse since the bad guys are so damned slick.
Thanks to atty. Richard MacNaughton for pointing this out to us.
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IME INFORMATION
From: [email protected]
Jim,
I hope you are aware that under Florida law all IMEs for any kind of insurance and/or any doctors appointment are allowed to be video taped or voice recorded as long as you notify the doctor in advance. Some doctors will tell you that you have to have a court videographer do it and they have certain rules you have to comply with but that is not true. You can take anyone you want in to video your exam and conversations with the doctor. There are no rules as to what you can and cannot video but a doctor can make his own rule. However if you aren't agreeable to those rules you just say so and the doctor most likely won't do the appointment and then you go back to the insurer to get another doctor. If you trust your doctor I wouldn't video the appointment but I would definitely video at least
all IMEs and FCEs. You can video any of it including physical therapy if you so desire as long as you notify them before the appointment. A video of an appointment is particularly helpful in court if the doctor is abusive, doesn't examine the patient or only spends a few minutes with the patient before making a diagnosis or impairment rating. It is also helpful if the doctor says the patient is hostile or uncooperative if that is not true because the patient then has proof of his/her demeanor and behavior during the appointment. It also lessens the probability that a doctor is going to change his diagnosis after the patient leaves without firm evidence to the contrary or after an adjuster calls to try and influence the outcome of the exam. It also helps to keep the doctor from telling the
patient one thing and the carrier another.
Also if the Governor put together the multi task force on Unum it will be a sham. Try and get people to these meetings to get their stories on the record. There are always reporters there and you can often talk with them after meetings. Also if you want some objective media contacts I can give you some names of Florida reporters we use that are good. You have to build a relationship with them and give them credible people to talk to who really know what they are talking about but there are some newspaper reporters in this state that are pretty good at attacking insurers. You start by sending them email and then calling them. Talk reasonably to them and get to know them and they will be more inclined to do stories for you. Just be sure that you and/or anyone you send to talk with them
have proof of what they are saying and make sure the people are not so angry that they can no longer carry on a level headed and reasonable conversation with the reporter. If you want the list I will be glad to send it to you. Just know that it sometimes takes months to get a story done depending on the length of the story and of course the editors priorities. That doesn't mean they won't do the story. You just have to be patient and continue to talk with them. If you want reporters I will only give you a list of reporters who are usually very accurate and do a lot of research to be sure they know what they are talking about before they write the story. That may take them longer to write the story but a story that is not accurate in no story any way. I will not send you to the reporters
that twist your words or try to get an injured person to exaggerate their injuries to make the story better. Let me know what you want to do here.
Mary
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ANOTHER GOVERNMENT ATTEMPT TO ROB OUR RIGHTS AND PROTECT CORPORATE CRIMINALITY
After trying to curb class-action suits for years, corporate whores in the Senate, led by Bill Frist, finally have enough support to ram legislation through to limit lawsuits against corporate terrorists ['what they call an overabundance of frivolous cases against American businesses']. A decision by Majority Leader Frist to push forward immediately on that legislation instead of finishing work on a defense bill may have the effect of forcing the GOP to wait even longer before claiming a victory that big business has sought for years.
Webmasters comment: Frankly, class action suits don't always do much for the class members, but since the government totally refuses to police insurers, even though they often require you to buy it, they are the Only thing to keep insurers and corporations in line. Large class awards, along with the consequent bad publicity, are the Only punishment they may get for murdering and robbing their victims. And frankly, if they aren't punished for their crimes they will keep on doing them.
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SCUMMY SCHWARZENEGGER SIDES WITH INSURERS AND ROBS THEIR VICTIMS
The New York Times National Schwarzenegger Sees Money for State in Punitive Damages
By ADAM LIPTAK Published: May 30, 2004
Gov. Arnold Schwarzenegger's new budget aims to raise almost half a billion dollars by taking 75 percent of the punitive damages that juries in California award to plaintiffs. In the process, he proposes to limit the fees lawyers can charge their clients and to protect defendants from multiple punitive awards for similar conduct. Critics say the proposal is a Trojan horse. Though the governor presented it as a budget measure meant to raise revenue, it is, they say, a comprehensive revision of the rules governing punitive awards in injury cases - not a tax but tort reform in disguise.
At hearings in Sacramento this week, lawmakers are to hear from scholars, consumer advocates and business groups, many of whom say they find aspects of the proposal dangerously flawed. Unlike compensatory damages, which are meant to pay plaintiffs for their losses or injuries, punitive damages are intended to punish and deter defendants who engage in egregious wrongdoing. They are thus similar in purpose to criminal fines.
Webmaster's comments: The state, which Never protects the insured with their laughable and corrupt DOIs, will be right there with its hand out to rob the victims it refused to do anything for. The "protecting defendants" provision means that once a corporation pays once for killing someone or wrecking their life, they have a "get out of jail free" card for the rest of eternity. This idiot proposal is going to actually encourage corporate criminality.
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QUOTE OF THE MONTH
"Men only use thought as authority for their injustice, and use speech to conceal their thoughts." --Voltaire
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ANOTHER CORRUPT AND EVIL JUDGE BACKS AN INSURER (HEY, THEY CAN'T FORGO THOSE "SPEAKING FEES")
On May24-2004, I attended a MSC for liens that were on my cases starting in 1988. One lien claimant rec'd 6,000 settlement for a 27,000 dollar bill which started in 1987.
Judge Volkan stood before all in the court room and shared her glee on the fact that "settlement" is what she likes to hear.
Another lien claimant walked out with nothing because the judge said that 50% to 0% of case was 0%. Many other lien claimants were unavailable. Due largely to the fact they had waited so many years and that it was a waste of time to go after liens that would not be paid anyway. I believe the amount of those liens well surpass 100,000 dollars easily. My personal health care providers are left with a huge tab because the wc insurance carrier like Kaiser fought vigorously for a very long time, winning with time and (patients) money.
One Kaiser attorney Ted Richards brought to light the Serious and Willful penalty (still left from the 1988 case which the judge dismissed back in 2001 with prejudice and lack of a doctor's report) before the judge and asked for sanctions against me. I stated you can't '' get blood out of a turnip" and the Judge Volkan stated "attorneys can get blood out of a stone" following up on how tenacious attorneys can be. She also stated that Serious and Willful had to show specifics, such as the employer violating the health and safety of employees. I said I knew about that. She also said that under the new law SB899 penalties may have changed. I told her I had already read SB899. All this for intimidaton sake to drop the Serious and Willful!.
I did tell the judge I would take my chances and go forward with the Serious and Willful. Clearly, she is prejudiced and interested in making her job easier. Heaven forbid that a judge have to conduct a trial. That is too much like doing their job.
In just a matter of several days I rec'd a motion from Ted Richards asking Judge Volkan for sanctions against me and for me to pay Kaiser attorneys fees and expenses. Kaiser never acted that fast in favor of any of my needs. I'm still waiting after 16 years.
For 16 years I have pressed on with the injustices set forth by Kaiser and now the injustices set forth by the WCAB and upper courts. I'm clearly one of millions, just a microcosm of the unconscionable and despicable actions towards employees by the employer, the insurance carrier and the worker comp judicial process. Kaiser has already robbed me of my healthy body, my finances and has affected my family in so many ways that it is immeasurable to be compensated for.
ANYONE interested in what went on to cause me to file my first case back in 1988, please go to www.kaiserpapers.org. A public service page. Then go to Dina Padilla -We were patients too! and read about what I witnessed as an employee. This HMO has been working behind the scenes for years with patients money to become the leader in Universal Health Care by 2007. I was in a SEIU contract bargaining agreement negotiations in 1992 and KAISER WAS tauting themselves then as the UNIVERSAL CARE PROTOTYPE TO EITHER BUSH OR CLINTON WHO EVER WWON THE ELECTION THAT YEAR.
Kaiser already owns many of the HMO's across the country. They have lied to and fooled the government into thinking they're the cheapest and best way to go. But how much is your life worth and do politicians who taut this Universal Health care plan for the American public have the same health care for themselves?
HOW MANY PEOPLE HAVE TO BE MAIMED OR KILLED FOR PROFIT? BUYER BEWARE, PATIENT BEWARE AND EMPLOYEE BEWARE!
Sincerely,
Dina Padilla President of VOICES-Ca.Chapter
[email protected]
Webmaster's comments: It has been my fond desire for a long time to start a Real corruptjudges.com site, but I have neither the time nor the money. Heck, I have to beg for contributions just to keep going this one effort for next month (PO Box below ;')
If only it was like in the comic books. Instead of the bad guys having all the money, Batman had inherited wealth to fight them. Only in real life the guys who inherit always seem to Be the bad guys. Oh well.
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A SUBJECT I OFTEN SPEAK OF - OUR LYING AND CORRUPT MEDIA
(AND DON'T BELIEVE YOUR HISTORY BOOKS EITHER)
Doublespeak and the Lies of our non-free Corporate Media
Orwell Rolls in His Grave (Seattle Film Festival)
http://www.buzzflash...ell/default.htm
Screening at The Seattle Film Festival June 3 & 6, 2004
Has America entered an Orwellian world of Doublespeak where outright lies can pass for the truth?
Are Americans being sold a bill of goods by a handful of transnational media corporations and political elites whose interests have little in common with the interests of the American people? Orwell Rolls in his Grave explores what the media doesn't like to talk about -- itself.
Filmmaker Robert Kane Pappas has brought together an ex-"60-minutes" Producer, a United States Congressman, as well as some of the country's leading intellectual voices on the media to examine the mix of business, politics and ideology that is the modern mainstream media.
"A marvel of passionate succinctness...refrains from preaching to the choir" -- Ronnie Scheib, Variety
"...A documentary that skewers the news media and its owners in a way that seriously chills and disturbs, and is the best rabble-rousing piece of its kind I've ever seen" -- Jeffrey Wells, HOLLYWOOD elsewhere
It isn't a partisan spray for the converted, it's an incredible collection of documentation and first hand testimony as to what is happening to us behind our backs - and under our noses... " - Chris Parry EFilmCritic.com
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UNUM HIDING UNDER ANOTHER NAME
Hi Mr. Mooney, Hope you are doing better, and thanks for your hard work for everyone out there. I was wondering if you knew that Unum is now called RBC insurance, this was recent, I think just in Canada, I don't know if in all Canada, or what, but I know its just like the same people, I don't know if all the people are the same, e tc...but so far, some are, etc..but they who were Unum, are saying they are now called the other, and the other, is the insurance company of a big, well known bank here, Royal Bank Insurance.?!?!?!?! ?What do you think of this? Thanks God Bless, Julie in Canada
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SCIENCE DETERMINED BY POLITICS
According to WIRED magazine, the Bush Administration is now declaring what is true and what is not in science, not by the time-honored test of experiment or peer review, but by political expediency. It has gotten so bad that many branches of American science, from biomedicine to ecology, are now regarded as a laughingstock in the world scientifiic community, rather the way much Soviet science was disregarded when Stalin and Lysenko decreed what was true, whether it fit the facts or not.
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JUDY LINKS SOME IMPORTANT CASES
Since this question gets asked A LOT, you should have a link to the cases. This is the one I keep running accross that seems to indicate that they don't have rights, but you should get one of your legal beagles to interpret it for the group. I think this is Richard McNaughton's case and he has been with our group from time to time.
I don't have time to read/analyze it.
Great-West Life & Annuity Insurance Co. et.al v. Knudson et.al. US Supreme Court No. 99-1786, Jan. 8, 2002 http://laws.findlaw....00/99-1786.html
Also please put out this URGENT message to the group:
This is Judydoc. I'm responding to Judge Ponsor's March 23, 2004 MESS that he made of my case. The fatal flaw is that:
Judge Ponsor's has refused to believe the validity of my claims BECAUSE THE SYMPTOMS ARE SUBJECTIVE. He refuses to believe the validity of my doctor's sworn statements because they are based on SUBJECTIVE statements by me.
However, there is lots of case law on CFS and other "subjective" disabilities (please also send any more you can find, especially 1st circuit), which were completely ignored by this judge that:
1.CFS IS DIAGNOSED SOLELY BY SYMPTOMS 2.You can't call a person a liar (or choose to "disbelieve" them, including their sworn statements), simply BECAUSE THEY ARE SUBJECTIVE without some other compelling evidence of deceit or dishonesty. 3.Judge Ponsor can't require me to prove more evidence than is required by THE LAW, the LAW IN THIS CIRCUIT (i.e. Abdus-Sabur), CFS law (Eastman Kodak, etc.), the policy (my policy has no exclusion or limitation for diseases that have no objective tests. 4. I'm being deprived of due process when the judge ignores or does not read my pleadings 5. Also he relied heavily on a 2004 Sup. Court case that I did not have a chance to refute because a) the pleadings had all been written in 2003; the judge refused my requests for a hearing that I made several times
since Judge Freedman died and Ponsor ruled. I was sandbagged. (among other things)
Unfortunately I fear that, like Judge Edith Jones said (whether or not you like her politics, she DOES have a valid point), Judge Ponsors decision and the way they were made REEK of politics over what is "morally right."
Maybe he does aspire to that SC position because he's following in the path of the ridiculous statements that are routinely made by Rhenquist and Scalia (my favorite about how factual innocense is no excuse to overturn a validly obtained conviction - ?Scalia or Rhenquiest).
So I think I am one of the sacrificial lambs for Judge Ponsor's legal ambitions. He seems to be trying to impress SOMEONE with just how ridiculous he can be.
So if any of you can do some kind of data search for me ASAP - key words
First Circuit or Supreme Court Chronic Fatigue Syndrome Subjective Disabilities and make sure there is nothing that overrides Abdus-Sabur v. Callahan.
Any help would be appreciated. BE sure you put something in the title so I know it isn't spam. Yours truly,
Judydoc '
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REGARDING THAT PRO-CORPORATE JUDGE JUDY ACIDENTALLY RECOMMEDED
Sorry folks. This is unfortunately a result of the progression of my illness, that I was too sick and weak to actually READ the article before I sent it to Jim.
I liked the headlines but I do realize that those who complain the most about "activist" judges are the same libel/slandering Repuglicans and Limbaughs who complain about judicial "activism" when it grants rights to underclasses or oppresses (like the Mass. Supreme Court supporting homosexual rights) but don't complain about judicial "activism" when it usurps states rights and installs a president by illegal coup into the Whitehouse.
I'm sorry about the mistake. Well I guess that does explain why the rumor mill said she was on the "short list" for the Supreme Court. I couldn't imagine any truly ethical judge being on that list in this administration.
Thanks for keeping us on our toes. I fear what will become of America is these "activist" judges (like Jones) get their way.
It is amazing how the same words can have exactly opposite meanings depending on who is speaking.
Well maybe it won't matter much is Bush turns out to be right (once) and Revelations occurs during his administration (I guess it already is in Afghanistan and Iraq as fire reigns down on innocent people from above.
Judydoc
Webmaster's comments: We don't Always get it right, but unlike the NY Times, et al, we correct things right away, on the front page ;')
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UNUM SWEEPING BANK ACCOUNTS
As the largest of the 10 or so Long Term Disability (LTD) insurers nationally, UNUM is instrumental in forcing Social Security Representative Services (SSR's) to facilitate an illegal practice of sweeping disabled individuals' bank accounts to recover overpayments out of SSDI lump sum awards. the process violates the anti-assignment provision of the Social Security Act.
I am attempting to locate enough disabled individuals thus situated to learn how the process works and what representations are being made to these disabled individuals to get them to consent to this illegal practice.
Any assistance you may be able to provide me with this effort would be appreciated.
Brian T. McCarthy Attorney at Law 2 Park Place Professional Centre Belleville, IL 62226 (618) 234-9900
[email protected]
Webmaster's comments: Isn't it rotten and brazen that UNUM robs Social Security by pushing their claimants onto SSDI, after UNUM has collected the premiums all those years. They get the dough, the taxpayer gets the shaft. Then they have the gall to go after SS payments. Criminals have no conscience.
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ANYONE HAVE INFO ON OK CASES? (WRITE RICKI, NOT ME)
From: [email protected]
I have a LTD claim for the diagnosis of Parkinson disease. Is there somewhere I can find out about cases in Oklahoma? The company I worked for is fairly large and I'd be curious to see if there are claims in litigation and how our insurance commission is responding. Thanks for any information! I was horrified when I looked up UNUM on the web. I had no idea what I was in for!
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NASTYASS GUIDLELINES
Cheater's Guidelines by www.rgl.net ( Reed Group Limited). A search of american insurance websites refers these manuals as being the "MDA" guidelines.
Insurers use these guidelines or similar for their case management, injury minimisation, gaslighting or any other form of claim closure.
For years I've noticed that insurers all use the same dirty tricks, and if new tricks arise, they all start to use them very quickly. I suspect there is a common source for this "technology transfer of crime" and this may be one of them.
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A DEFINITION OF FASCISM (NOTICE ANYTHING SIMILAR?)
Recently a political scientist, Dr. Lawrence Britt, wrote an article naming fourteen characteristics of fascism. He based his study on an examination of the regimes of Hitler, Mussolini, Franco, Suharto and Pinochet. A summary of Britt's points follow.
1. Powerful and continuing nationalism employing constant use of patriotic slogans, symbols, songs, flags.
2. Disdain for the recognition of human rights because security needs outweigh human rights which can be ignored.
3. Using enemies as scapegoats for a unifying cause.
4. Supremacy of the military.
5. Rampant sexism including more rigid gender roles and anti-gay legislation.
6. Controlled mass media.
7. Obsession with national security driven by a politics of fear.
8. Religion and Government are intertwined especially in rhetoric employed by its leaders.
9. Corporate power is protected-industrial and business aristocracies put government leaders into power and keep them there creating a mutually beneficial business/government relationship and power elite.
10. Labor power, which represents one of the few threats to fascism, is suppressed.
11. Disdain for intellectuals and the arts and hostility to higher education along with censorship of arts or refusal to support the arts.
12. Obsession with crime and punishment.
13. Rampant cronyism and corruption.
14. Fraudulent Elections.
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MY FAVORITE SUBJECT - PSEUDOJOURNALISM AND THE LIES OF OUR CORRUPT CORPORATE MEDIA
One reason I was drawn to my chosen career is its informality, in contrast to the real professions. Unlike doctors, lawyers or even jockeys, journalists have no entrance exams, no licenses, no governing board to pass solemn judgment when they transgress. Indeed it is the Constitutional right of every citizen, no matter how ignorant or how depraved, to be a journalist. This wild liberty, this official laxity, is one of journalism's appeals.
I was always taken, too, by the kinds of people who practiced journalism. Like Robert Ruhl, my father, Wallace Carroll, was editor and publisher of a regional newspaper, in Winston-Salem, North Carolina. The people he worked with seemed more vital and engaged than your normal run of adults. They talked animatedly about things they were learning -- things that were important, things that were absurd. They told hilarious jokes. I understood little about the work they did, except that it entailed typing, but I felt I'd like to hang around with such people when I grew up. Much later, after I'd been a journalist for years, I became aware of an utterance by Walter Lippmann that captured something I especially liked about life in the newsroom. 'Journalism,' he declared, 'is the last refuge of the
vaguely talented.'
Here is something else I've come to realize: The looseness of the journalistic life, the seeming laxity of the newsroom, is an illusion. Yes, there's informality and humor, but beneath the surface lies something deadly serious. It is a code. Sometimes the code is not even written down, but it is deeply believed in. And, when violated, it is enforced with tribal ferocity.
Consider, for example, the recent events at the New York Times.
Before it was discovered that the young reporter Jayson Blair had fabricated several dozen stories, the news staff of the Times was already unhappy. Many members felt aggrieved at what they considered a high-handed style of editing. I know this because some were applying to me for jobs at the Los Angeles Times. But until Jayson Blair came along, the rumble of discontent remained just that, a low rumble.
When the staff learned that the paper had repeatedly misled its readers, the rumble became something more formidable: an insurrection. The aggrieved party was no longer merely the staff. It was the reader, and that meant the difference between a misdemeanor and a felony. Because the reader had been betrayed, the discontent acquired a moral force so great that it could only be answered by the dismissal of the ranking editors. The Blair scandal was a terrible event, but it also said something very positive about the Times, for it demonstrated beyond question the staff's commitment to the reader.
Several years ago, at the Los Angeles Times, we too had an insurrection. To outsiders the issue seemed arcane, but to the staff it was starkly obvious. The paper had published a fat edition of its Sunday magazine devoted to the opening of the city's new sports and entertainment arena, called the Staples Center. Unknown to its readers ' and to the newsroom staff -- the paper had formed a secret partnership with Staples. The agreement was as follows: The newspaper would publish a special edition of the Sunday magazine; the developer would help the newspaper sell ads in it; and the two would split the proceeds. Thus was the independence of the newspaper compromised ' and the reader betrayed.
I was not working at the newspaper at the time, but I've heard many accounts of a confrontation in the cafeteria between the staff and the publisher. It was not a civil discussion among respectful colleagues. Several people who told me about it invoked the image of a lynch mob. The Staples episode, too, led to the departure of the newspaper's top brass.
What does all this say about newspaper ethics? It says that certain beliefs are very deeply held. It says that a newspaper's duty to the reader is at the core of those beliefs. And it says that those who transgress against the reader will pay dearly.
The commitment to the reader burns bright at papers large and small. Earlier today, we honored Virginia Gerst with the Payne Award. Working at the Pioneer Press in the suburbs of Chicago, she was ordered to publish a favorable review of a restaurant that didn't deserve it. Her publisher, eager to get the restaurant's advertising dollars, insisted. Unwilling to mislead her readers, Virginia Gerst lost her job after twenty-seven years at the paper.
It was never my privilege to know Robert Ruhl, who died in 1967 after years of service in Medford. I am certain, though, that at least part of the reason he is remembered with such respect is that he was, in the end, a servant of the reader.
I suspect, too, that he would look favorably on those who took a stand recently at the New York Times, the Los Angeles Times, the Pioneer Press and other newspapers where the reader had been treated cavalierly.
And he would be vexed, I suspect, by another aspect of today's journalistic landscape.
All across America, there are offices that resemble newsrooms, and in those offices there are people who resemble journalists, but they are not engaged in journalism. It is not journalism because it does not regard the reader ' or, in the case of broadcasting, the listener, or the viewer ' as a master to be served.
To the contrary, it regards its audience with a cold cynicism. In this realm of pseudo-journalism, the audience is something to be manipulated. And when the audience is misled, no one in the pseudo-newsroom ever offers a peep of protest.
If Mr. Ruhl were here, I feel certain he would not approve.
* * * * * *
Last Halloween, I was stuck in traffic on a freeway in Los Angeles, punching the buttons on the car radio to alleviate the boredom. That's pretty much the way we live in Los Angeles, but I'm not complaining because that night I came across a very interesting program. It was a rebroadcast, 65 years after the fact, of Orson Welles' famous dramatization of War of the Worlds.
For those who don't know the story, this radio drama portrayed a Martian invasion so realistically that it prompted hysteria. A study by a professor at Princeton calculated that the program had reached about six million people, of whom 1.2 million panicked, believing that creatures from Mars were actually invading the town of Grover's Mill, New Jersey. Listeners ran out into the streets, jammed police switchboards and gathered in churches to pray for deliverance.
As I listened to the broadcast, it became obvious why people believed the Martians were at hand. It didn't sound like fiction; it sounded like journalism. The actors who described the unfolding events at Grover's Mill had the same stylized cadences and pronunciations as broadcast journalists of the time. Their voices quavered with dread, a sound they had learned by listening to tapes of the Hindenburg airship disaster from the previous year.
This is how the 23-year-old genius Orson Welles learned that journalism can be faked, and that people will react to something that sounds like journalism but isn't.
Some of you may have guessed where I'm going with this anecdote. Yes, we'll talking about Fox News. But not solely Fox News. Rather, I'd like to discuss a broader array of talk shows and web sites that have taken on the trappings of journalism but, when studied closely, are not journalism at all.
Superficial examination might place the modern talk show host within a great tradition of opinion journalists -- that of Lippmann, Reston, Murrow, Sevareid and others whose are still held in high regard. They were, foremost, journalists, not entertainers or marketers. Their opinions were rigorously grounded in fact. It was the truthfulness of these commentators ' their sheer intellectual honesty ' that causes their names to endure.
Today, the credibility painstakingly earned by past journalists lends an unearned legitimacy to the new generation of talk show hosts. Cloaked deceptively in the mantle of journalism, today's opinion-brokers are playing a nasty Halloween prank on the public, and indeed on journalism itself.
* * * * * * *
Let's depart from the generalizations now to hear some eyewitness testimony '- my own.
Last fall, my newspaper did something rash. Alone among the news media that covered the California recall election, the Los Angeles Times decided to investigate the character of a candidate for governor named Arnold Schwarzenegger. That caused consternation among the talk shows.
The recall campaign lasted only two months, so we had to hurry in determining whether, as rumored, Schwarzenegger had a habit of mistreating women. It turned out that he did. By the time we nailed the story down, the campaign was almost over, and we had a very tough decision to make: whether to publish the findings a mere five days before the election.
We decided to do it, figuring that choice was better than having to explain lamely to our readers after Election Day why we had withheld the story. We braced for an avalanche of criticism, and we got it. What we didn't expect was criticism for things that had never occurred.
Long before we published the story, rumors circulated that we were working on it, and the effort to discredit the newspaper began. On Fox News, the Bill O'Reilly program embarked on a campaign to convince its audience that the Los Angeles Times was an unethical outfit that attacked only Republicans and gave Democrats a free ride. As evidence, O'Reilly said that the paper had overlooked Bill Clinton's misbehavior in Arkansas. Where, he asked, was the L.A. Times on the so-called Troopergate story? Why hadn't it sent reporters to Arkansas? How could it justify an investigation of Schwarzenegger's misbehavior with women and not Clinton's?
I wasn't employed in Los Angeles at the time of Troopergate, but I do have a computer, so, unlike Fox News, I was able to learn that the Los Angeles Times actually was in Arkansas. It sent its best reporters there, and it sent them in force. At one point, it had nine reporters in Little Rock. And when two of them wrote the first Troopergate story to appear in any newspaper, they made the L.A. Times the leader on that subject. Not a leader, but the leader. Their story would be cited frequently by as other newspapers tried to catch up.
The bogus Troopergate accusation on Fox was only the beginning.
The worst of it originated with a freelance columnist in Los Angeles, who claimed to have the inside story on unethical behavior at the Times. Specifically, she wrote, the paper had completed its Schwarzenegger story long before election day but maliciously held it for two weeks in order to wreak maximum damage.
Now if this were true, I wouldn't be here at the University of Oregon delivering a lecture on ethics. The reporters and editors involved in the story would have given me the same treatment Jayson Blair's editors got in New York. In all likelihood I would no longer be employed.
But it wasn't true. The idea that the newspaper held the story for two weeks was a fabrication. Nothing resembling it ever occurred.
It is instructive to trace the path of this falsehood. Newspapers have always been magnets for crackpots. Hardly a day goes by that we don't get a report of a UFO visit, or a complaint from someone whose head has been rewired by the CIA, or a tortured theory as to why the newspaper did or didn't publish something. I tend to shrug such things off, figuring that nobody would believe them anyway and that it's unseemly for a large newspaper to quarrel with a reader.
But we live in changed times. Never has falsehood in America had such a large megaphone. Instead of being ignored, the author of the column was booked for repeated appearances on O'Reilly, on CNBC, and even on the generally trustworthy CNN. The accusation was echoed throughout the talk-show world. This is how the tale of the two-week delay -' as false as any words ever penned by Jayson Blair -- earned the columnist not infamy but fame. Millions of Americans heard it and no doubt believed it. And why not? It sounded just like journalism.
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Let us turn now to a mundane subject: corrections. At the outset, I should state that there are corrections, and then there are corrections.
Recently, my newspaper, in an article about a rapper named Lil' Kim, characterized the MAC-11 as a machine gun. It is actually a submachine gun. This might not mean much here in Eugene, but it's meaningful to music lovers in Los Angeles, so we published a correction. It was an easy correction to make ' factual, straightforward and not particularly humiliating to the paper.
Here's an example of a more difficult kind of correction:
In 1979, I became editor of the Lexington Herald in Kentucky, and I soon became aware of skeletons in the newspaper's closet. As I got to know the staff, we used to joke that someday, along with the routine corrections on page two, we should run the following item:
A CLARIFICATION It has come to the editor's attention that the Herald neglected to cover the Civil Rights movement. We regret the omission.
We never published that one, though we probably should have made amends in some fashion, for corrections large and small are essential to our credibility.
Like a factory on a river, daily journalism is an industry that produces pollution. Our pollution comes in the form of errors. America's river of public discourse ' if I may extend this figure of speech ' is polluted by our mistakes. A good newspaper cleans up after itself.
Every fact a newspaper publishes goes into a database. So do the errors. A good newspaper corrects those errors and appends the corrections to the original stories, so that the errors are not repeated. Thus we keep the river clean.
Last year at the Los Angeles Times, we published 2,759 corrections. Some of you may be shocked that a newspaper could make so many mistakes. Others may be impressed that the paper is so assiduous in correcting itself.
It has now been six months since Fox and the other talk shows told their audiences that the Los Angeles Times did not cover the Troopergate scandal. It has been six months since they accused the newspaper of a journalistic felony by timing its story about Arnold Schwarzenegger. These are simple factual matters, easily provable. Nevertheless I'm getting the feeling that the corrections are not forthcoming.
As editor of the Los Angeles Times, I'm not happy about it, but at least I know the truth. The deeper offense is against those who don't -- the listeners who credit the 'facts' they hear on Fox and the talk shows.
In the larger scheme, these two falsehoods represent two relatively minor discharges of pollution into America's river of public discourse. I suspect there are many others, and on much more consequential subjects -- the war in Iraq, for example.
You may be familiar with a study published last October on public misconceptions about the war in Iraq.* One of those misconceptions was that Saddam Hussein's weapons of mass destruction had been found.
Another was that links had been proven between Iraq and Al Qaeda.
A third was that world opinion favored the idea of the U.S. invading Iraq.
Among people who primarily watched Fox News, 80 percent believed one or more of those myths. That's 25 percentage points higher than the figure for viewers of CNN -- and 57 percentage points higher than that for people who got their news from public broadcasting.
How could Fox have left its audience so deeply in the dark? I'm inspired to squeeze one last bit of mileage out of our river metaphor: If Fox News were a factory situated, say, in Minneapolis, it would be trailing a plume of rotting fish all the way to New Orleans.
* * * * * * *
If pseudo-journalism is not journalism, what is it? Where did it come from? Will it last?
Some view the difference between the talk shows and traditional journalism in political terms, as a simple quarrel between left and right, between liberal and conservative. Those differences exist, but they're not of great consequence.
What we're seeing is a difference between journalism and pseudo-journalism, between journalism and propaganda. The former seeks earnestly to serve the public. The latter seeks to manipulate it.
The propaganda technique that has invaded journalism is of a particular breed. It springs not from journalistic roots but from modern politics ' specifically, that woeful subset known as attack politics.
In attack politics, the idea is to 'define' one's rival in the eyes of the public. This means repeating derogatory information so often that the rival's reputation is ruined. Sometimes the information is true; sometimes it is misleading; sometimes it is simply false. A citizen who enters politics these days must face the prospect of being 'defined' by smear artists equipped with computers, polls and attack ads.
It is the netherworld of attack politics that gave us Roger Ailes, the architect of Fox News. Having spent much of his career smearing politicians, he now refers to himself as a journalist, but his bag of tricks remains the same.
* * * * * * *
It is consoling to note that demagogues on the airwaves have come and gone ever since commercial broadcasting began. Such figures as Father Coughlin and Senator McCarthy have made their sordid appeals to the angry and the gullible and have been duly swept into the dustbin. Over time, I believe, the public will become increasingly aware of the discrepancy between what they're told by pseudo-journalists and what turns out to be the truth. They may even grow weary of the talk show persona ' the schoolyard bully we all know so well.
Recently our newspaper had the good fortune of winning five Pulitzer Prizes. Between us, I'm not sure we're worthy of all that, but we won't turn them down. I wonder how the news of the awards struck the talk-show fans who know the Los Angeles Times only for its ethical outrages.
Surely they must have been scratching their heads over that one.
But they probably they didn't worry about it long. My guess is that they sat back on their sofas and consoled themselves with more soothing thoughts, such as the way President Bush saved America from catastrophe by seizing those weapons of mass destruction in Iraq while the whole world cheered.
* * * * * *
Let us conclude by returning to the legacy of Robert Ruhl.
Surely Mr. Ruhl would be vexed by what journalism has become since his departure.
He would feel pained, I suspect, by the scandals in the traditional media. Yet I hope he would also take heart, as I do, from the spontaneous revulsion expressed in the newsrooms where they occurred.
He would be honored that his years in journalism at the Medford Mail Tribune are still being invoked on occasions such as this.
He would be pleased, I think, to see this crowd of young people headed forth into the world, equipped with good educations and high ideals.
And he would have hopes for you. He would hope ' I feel certain ' that you'll take up his calling, the calling of journalism, and find it deeply rewarding. And he would hope, I believe, that you will choose the path of real journalism, not pseudo-journalism, and that you will forever regard the reader ' or the listener, or the viewer ' as a worthy sovereign who must always be served in good faith.
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"America will never be destroyed from the outside. If we falter, and lose our freedoms, it will be because we destroyed ourselves."
-- Abraham Lincoln, 16th U.S. President (1809-1865)
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IT APPEARS
That Kemper and Gallagher Bassett, a claims handling company, are associated with UNUM. Can anyone fill me in on details? I know that Kemper is totally evil, but I don't know a lot about GB.
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THE UNFINISHED TASK
"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day." Theodore Roosevelt, April 19, 1906
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Quote
Cheater's Guidelines by www.rgl.net ( Reed Group Limited). A search of american insurance websites refers these manuals as being the "MDA" guidelines.
Insurers use these guidelines or similar for their case management, injury minimisation, gaslighting or any other form of claim closure.
For years I've noticed that insurers all use the same dirty tricks, and if new tricks arise, they all start to use them very quickly. I suspect there is a common source for this "technology transfer of crime" and this may be one of them.
ACC have incorporated the RGL guidelines in their own "Treatment Profiles' manuals,
interesting to see it crop up elsewhere......