{"id":382,"date":"2005-05-31T17:06:14","date_gmt":"2005-05-31T21:06:14","guid":{"rendered":"http:\/\/www.scaredpoet.com\/wordpress\/?p=382"},"modified":"2005-05-31T15:08:42","modified_gmt":"2005-05-31T19:08:42","slug":"dead-but-not-guilty","status":"publish","type":"post","link":"https:\/\/scaredpoet.com\/blog\/?p=382","title":{"rendered":"Dead but Not Guilty"},"content":{"rendered":"<p>Isn&#8217;t this a lot like <a href=\"http:\/\/money.cnn.com\/2005\/05\/31\/news\/midcaps\/scandal_andersen_scotus\/index.htm?cnn=yes\">executing the prisoner, then overturning his murder conviction<\/a>?<\/p>\n<blockquote><p>The Supreme Court Tuesday unanimously threw out the conviction of accounting firm <a href=\"http:\/\/www.arthurandersen.com\/\">Arthur Andersen<\/a>, a symbolic victory for a nearly defunct company <a href=\"http:\/\/www.time.com\/time\/business\/article\/0,8599,263006,00.html\">torn apart in a document-shredding case<\/a> involving the fallen energy giant <a href=\"http:\/\/www.enron.com\/corp\/\">Enron<\/a>.<\/p>\n<p>In a 9-0 opinion, the justices concluded that &#8220;jury instructions at issue simply failed to convey the requisite consciousness of wrongdoing.&#8221; Chief Justice William Rehnquist wrote the opinion, saying, &#8220;Indeed, it is striking how little culpability the instructions required.&#8221; <\/p><\/blockquote>\n<p>Quite a few people got into this witch hunt mentality once Enron went under, and in fact, quite a few <a href=\"http:\/\/www.oag.state.ny.us\/\">politically motivated individuals with ulterior, future-election-winning motives<\/a> still have a burning drive to kill witches in coprorate America that don&#8217;t necessarily exist.  And an important point is made in the above-cited article: Andersen was railroaded on a very weak case, and although people can shrug off a conviction that kills a company, they ignore the fact that this company employs thousands, and pays the pensions and benefits of thousands more.  The corporate entity is a thing; convict and execute it and it doesn&#8217;t suffer.  But those who depend on it, in this case, people who are apparently quite innocent, are the ones who suffer the hardship.<\/p>\n<p>This is something that should be remembered as politicians and pundits continue to go after &#8220;corporate responsbility&#8221; cases, whether it&#8217;s real or perceived.  Yes, <em>some<\/em> wrongdoing has occurred.  No one doubts that Enron was a hotbed for this kind of activity.  Forcing a domino-line of partner companies to fall on their swords for the sake of looking good to the public, however, is a dangerous move.  Corporations are nice faceless entities to rail against when we feel we must, but we can&#8217;t forget that they do sign the paychecks of the people that work under them.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Accounting firm Arthur Andersen&#8217;s conviction is overturned.  Too bad the company&#8217;s essentially out of business.<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-382","post","type-post","status-publish","format-standard","hentry","category-sociopolitical-rants"],"_links":{"self":[{"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/382","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=382"}],"version-history":[{"count":0,"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/382\/revisions"}],"wp:attachment":[{"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=382"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=382"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/scaredpoet.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=382"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}