Showing posts with label Kwame Kilpatrick. Show all posts
Showing posts with label Kwame Kilpatrick. Show all posts

Wednesday, July 10, 2013

Detroit Isn't Greece

Remember that movie from a few years ago, where a kid grew increasingly neurotic and agitated about government debt until a psychologist teased out his secret, "I see Greek people... they're everywhere... and they don't even know they're Greek!" Well, neither do I, but had they made that movie the child might have grow up to be Charles Lane.

I have three basic problems with people who are inclined to point to units of government and declare, "That's like Greece". First, those making the comparison often seem to have little understanding of the situation in Greece. Second, their comparisons are usually spurious. Third, the gist of their argument usually has nothing to do with Greece or the circumstances that led up to its economic crisis, and usually have a lot more to do with a desire to cut social spending or to attribute some form of blameworthiness to the ordinary people who have profited the least and suffered the most from the mistakes and misconduct of their governments. I'm not seeing Lane as an exception.1

Greece's economic crisis did not emerge in a vacuum. If any nation in the Euro zone was not aware that Greece was playing games with its finances first to qualify for entry into the Euro and subsequently to nominally meet the limits on the size of its deficits, the ignorance would have to have been willful. Greece's governance was impaired by ineptitude, corruption, and a willingness to turn a blind eye to tax fraud. But the average Greek person was part of a culture that was more entrepreneurial than most - just oriented toward small, family-run businesses as opposed to the version we're used to - and on the whole they were paying a higher share of their income in taxes than a typical U.S. citizen. It's all too easy to shrug off the hardship they are experiencing, first from the economic collapse and second from austerity measures, while ignoring the fact that those who profited the most from the lead-up to the crisis are also typically those most insulated from its consequences.

A comparison between Greece and Detroit perhaps holds true in relation to the perceptions that lead to a mentality of austerity - a notion that the people are at best undeserving and at worst need to suffer. Never mind that most of them are trying to get through their lives under difficult circumstances. The City of Detroit has lost close to two thirds of its population since its peak. It's easy to look at Coleman Young, who chose to transform himself into a cartoon, and forget that he became mayor following a period of crisis and actually did good work during his first term. It's astonishing, how bad things became over his subsequent terms, or the culture of incompetence and entitlement that took over the City's government during his era.

It's easy to forget that when provided with the opportunity to do so, the people of Detroit made the very responsible choice of electing Dennis Archer as mayor - but (one might infer, when confronted with the entrenched corruption and incompetence left beyond by Young as well as the lack of resources and political capital necessary to effect a significant reform of the city and its government) he left office after one term and was succeeded by the young, charismatic,2 and (alas) corrupt Kwame Kilpatrick. It's also easy to forget that Kilpatrick was succeeded by Dave Bing, who is much more in the model of Archer, but by some combination of timing, personality and opportunity, more willing to take on the entrenched interests that have impaired the city. As they say, at least in relation to trying to forestall the appointment of an emergency manager and possibly to keep the city out of bankruptcy, too little, too late.

It has been painfully obvious for decades that Detroit needed serious outside intervention. That did not occur for three reasons: first, few people were willing to pay the political price associated with the necessary reforms. Mayor Bing was able to propose consolidating neighborhoods and essentially shutting down the sparsely populated ares of the city because things had degenerated well past the point of sustainability - but the need for those measures were obvious more than twenty years ago. Second, change isn't cheap - and nobody wants to pay for it. For example, there are huge, slowly decaying buildings and structures in Detroit that remain in place, eyesores that stand in the way of brownfield redevelopment, because they're too expensive to remove and nobody in their right mind wants to develop land that sits next to a decaying hulk or contaminated land. The state is unwilling to divert that type of money into Detroit, and it's not even on the federal radar screen. Third, it's very easy to blame the people of Detroit for their own plight, even though things get far more complex when you start looking at individuals. Our nation's approach to its anachronistic large cities3 and the problems of the inner city is largely one of disinterest and neglect - and that's not likely to change as long as the nation, as a whole, perceives the residents of those areas as undeserving of help.

Still, Detroit has its bright spots. If Lane ever actually makes it to the city, he may want to check out Greektown.
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1. For example, Lane waxes poetic about the union-busting powers granted to Detroit's emergency manager then complains, "German chancellor Angela Merkel could only wish for such quasi-dictatorial power over her Greek clients", seemingly unaware that Germany has been a driving force behind the failed austerity measures that have been imposed upon Greece to the extreme detriment of ordinary people; he argues "Greece’s state-owned money pits include a railroad and ports. The political class in Detroit saw fit to own water works and parking garages", as if it's unusual for a municipality to own a water utility or parking structure and as if the comparison between that type of service and owning seaports and railroads has any validity, and in ignorance of the fact that Detroit's water utility produces high quality water and sells its services to other area communities; he suggests that Detroit's pension obligations are somehow analogous to the cause of Greece's economic crisis, never mind that pensions had nothing to do with Greece's crisis and the relative size of Detroit's pension obligations to its tax revenue is far more a creature of its collapsed tax base than of the fact that city employees receive pensions.

2. I did not personally find Kilpatrick to be appealing - I would label his style and swagger as appalling - but I can't deny that many others thought he was charming and liked his bravado.

3. Many cities that were once important, even crucial, hubs for trade are now largely irrelevant. Many of the industries that were once consolidated in major cities have shifted to other states, and even to other nations, with little to take their place. Detroit has lost 60% of its population, leaving behind a tax base insufficient to support its infrastructure, but without enough jobs or opportunities for the people who remain behind. As huge numbers of capable workers have left the city, a disproportionate number of those left behind have marginal jobs skills, physical or mental illness, drug addiction, or some combination thereof - with a predictable effect on the community, its schools, and its attractiveness to employers.

Tuesday, May 25, 2010

A Long Overdue Resolution of Kwame Kilpatrick's Probation Violation

So it's a prison sentence for Kwame, who (aptly) complains,
"In my own hometown, I still feel like a prisoner."
Perhaps it's the handcuffs?

Seriously, the system has bent over backwards to give Kilpatrick opportunities to come clean, to pay his restitution, to apologize for his past conduct. Time and time again he has been dishonest, hidden assets... or as he puts it, "I'm here because of my confusion with some of the written orders". I doubt that Kilpatricks' order is any more confusing than any other sentence of probation issued in the state, and he's certainly had many more lawyers than most defendants who at various time have surely explained the meaning of those orders to him. And yet he's "confused" about how concealing massive loans, apparently diverting assets to his spouse, claiming complete ignorance about who pays his household bills (including rent on his mansion) or where the money comes from.... Right. Confused.
[Kilpatrick's lawyer, Michael Alan ] Schwartz says allowing Kilpatrick to remain free is vital so that the former mayor can keep his job and continue paying back the city.
That would be at the $6/month rate that Kilpatrick's lawyers, apparently including Schwartz, previously argued was reasonable?

Kilpatrick assures us, "For the first time in my life I'm a great husband. I'm a new guy. and I know there's a lot of people who don't accept that". Maybe he has become a better husband. But that's not why he's on probation. He's not such a "new guy" that he has moved past what got him in trouble - obstruction of justice - as that's in effect what he has been doing throughout his probation violation proceedings. (Becoming a "new guy" is, you'll be shocked to learn, not a particularly unusual claim for a defendant to make at sentencing.)
The judge’s order also raises questions about whether Kilpatrick will continue to have a job with a Compuware subsidiary in Texas. Compuware chief Peter Karmanos had given Kilpatrick a six-figure sales job with Covisint in an office just outside Dallas after the ex-mayor’s release from jail in February of last year. But Karmanos said at the time that Kilpatrick’s continued employment was contingent upon Kilpatrick staying out of further trouble.
As I understand it, Kilpatrick was given a six figure job for which he has no experience, including an advance against future commissions. He also received a massive loan. It's my understanding that since he was hired by Covisint he has made no sales - but he has used his position to argue to the court that he has to live the life of Riley because he has to impress his potential clients. He has been in trouble over his restitution for more than a year.

Do you have any guesses as to why Covisint hired Kilpatrick, the son of a sitting Member of Congress, despite his felony violations and continuing legal problems, and under incredibly generous terms? Or why a collection of powerful, connected businessmen including the CEO of Compuware, Covisint's parent company, would secretly "loan" Kilpatrick $240,000, with the loan put into writing only after others found out about it? Does your guess leave you with the feeling that the principal reason Covisint might part company with Kilpatrick would be that it would be too obvious to continue to pay him while he sat in jail? But who knows, perhaps they can claim he's trying to expand their business into the corrections market.

Tuesday, March 02, 2010

There's Optimism For You....


One of former Detroit Mayor Kwame Kilpatrick's lawyers is optimistic about a recent Court of Appeals ruling:
Hajji today said the Court of Appeals order means they are taking his appeal seriously.

“I think it’s very favorable to me,” he said. “They are looking at this with the eyes of a microscope from what I can see and they are not taking it lightly.”
I do agree with this much: the Court of Appeals does appear to be taking a very careful look at the case. Were it not a high profile case, they may well have passed on providing further review and issuing a stay of proceedings. But favorable? You don't ordinarily see two judges adding written opinions to a simple order of the court. From Judge Murray:
However, I respectfully dissent from this Court's sua sponte1 decision to stay the lower court proceedings. Defendant has failed to argue the full requisite criteria for the granting of a stay... and has only argued that the trial court erred in several respects. However, other than raising one potential legal error regarding use of Mrs. Kilpatrick's personal funds to pay towards the restitution order, see MCL 557.21(1), an issue which was presented to the Court last year in a prior application that was denied... defendant has not in my view raised any other legal errors committed by the trial court that would warrant a stay.
From Judge Hood:
I write separately to express my disay at the abject nature of the pleadings filed on behalf of defendant. This Court is an error correcting court... and we are bound by the proceedings held in the lower court. Therefore, the litigants are required to present the transcripts of any proceedings and any ordere entered by the lower court for appellate review. MCR 7.210(A).... Our review is limited to the record created in the lower court.... The motion and brief filed by defendant requesting reconsideration of a stay does not contain any citation to legal authority or the lower court record, contrary to the court rules, but rather contains a narrative one-sided view of the proceedings. Indeed, the court rules provide that pleadings that do not conform to the court rules may be stricken....

In this case, defendant's filing is unconscionable and does not merit serious consideration in light of the nature of the filing.
Judge hood indicated that she would not strike the defendant's pleadings, despite their being "grossly noncompliant and inappropriate", and would join a second judge in granting the stay, in the name of "judicial economy". I suspect in a case that was lower in profile, the Court's action in the name of judicial economy would involve denying a stay, striking the defendant's filing and dismissing the appeal.

I'm still puzzling over Kwame Kilpatrick's legal team. He seems to show up in court with a succession of high priced lawyers, but goes to the Court of Appeals with a lawyer who appears to have very little appellate experience. A bit more about the motion to the Court of Appeals:
Kilpatrick's attorney, Daniel Hajji, made the claim in an impassioned 14-page motion filed with the state Court of Appeals late Tuesday in an effort to postpone the ex-Detroit mayor's Friday probation-violation hearing in circuit court - one that could eventually land him behind bars.

Wayne County Circuit Judge David Groner will arraign Kilpatrick for failing to pay $79,011 toward the $1 million he owes in restitution by last Friday's deadline. Kilpatrick and his lawyers say he doesn't have the money, despite his plush lifestyle in a tony Dallas suburb and $120,000-a-year sales job for Covisint, a Compuware subsidiary.

"The clientele he must establish a rapport with are likely to be the privileged and the affluent," Hajji said in the motion. "Burgers and beer at the local bar is not going to be sufficient."
This, apparently, means that Kilpatrick must spend his entire take-home pay to rent a lavish mansion... except he doesn't, as the money to rent his mansion falls like manna from heaven.
[In a court hearing] on what should have been fairly ordinary matters, with questions like, Does your wife leave the house each morning to go to work? Shockingly, Kilpatrick said he didn't know. Groner then asked, "Who's paying the rent?" Kilpatrick responded with a simple, "Um," and then looked to his attorneys, Michael Schwartz and Daniel Hajji. "I assume my wife is paying the rent ... because I'm not."
Yeah, right. And wow, for an employer who hired a felon fresh out of jail, Compuware sure is generous:
Perhaps the most surprising revelation during last month's hearing was that four of Michigan's wealthiest men — including Compuware CEO Peter Karmanos Jr., auto retailer Roger Penske and Quicken Loans chairman Dan Gilbert — had given a total of nearly $240,000 in loans to Kilpatrick's family around the time he left prison. Precisely how the money was used is unclear. The executives swiftly issued statements nearly identical in tone to explain their actions. "We were concerned about the city's inability to move forward due to the situation and circumstances that had surrounded Mayor Kilpatrick and his administration," Gilbert's statement read. The statement of Karmanos, Kilpatrick's boss, read: "We wanted to help care for his family until he could get back on his feet. At this time the loans remain outstanding."
And they say it's hard to get a job with a record, no experience, and no apparent qualifications other than your mother's being a sitting Member of Congress. Oh, yeah. I guess that last bit helps.

Back to the motion:
"The trial court appears to infer that it wants Mr. Kilpatrick to live a middle-class existence, when such an existence is inconsistent with earning a sufficient amount to fulfill his restitution obligation.

"Mr. Kilpatrick is going to have to function in the upper echelons of society."

Kilpatrick works as a sales representative for Covisint, a subsidiary of Detroit-based Compuware. He has a base salary of $120,000, but could earn substantially more through commissions. Compuware officials could not be reached for comment Tuesday evening.
A sales position with a base salary of $120,000 (plus an extra $60K as a draw against future commissions, plus a quarter-million dollar loan), where the employee is expected to live the life of Riley? Well, then, Kilpatrick must be making an impressive number of sales to merit that substantial base salary, to be augmented by commissions that could float his lifestyle?
Kilpatrick works as a sales representative for Covisint, a subsidiary of Detroit-based Compuware. He has a base salary of $120,000, but could earn substantially more through commissions. Compuware officials could not be reached for comment Tuesday evening.
So... it would appear that as commissions go we're still in the world of the hypothetical. That is, it doesn't look like Kilpatrick has landed a single sale. Yet the manna from heaven keeps pouring down:
During a hearing Tuesday over Kilpatrick's failure to pay, Beverly Smith, area manager for the Michigan Department of Corrections, gave Groner a draft report outlining the department's assertion that Kilpatrick violated his probation by failing to make the full $79,011 payment by Friday.

However, payments for the former mayor came in through 57 money orders totaling $14,048 on Friday and 17 money orders totaling $21,125 on Monday. The money came from unidentified payees.
Lucky man.
After the hearing, Michael Alan Schwartz, one of Kilpatrick's lawyers, said the violation hearing will not become a gimme for prosecutors: "You got to have due process ... and I'm going to hold them to their proofs."

He also said that some of Kilpatrick's payments could have been donations from "warm-hearted people" who wanted to help out.
Michael Schwartz is still on Kilpatrick's legal team. Michael Schwartz is an experienced appellate practitioner. And yet the appeal was filed (in, by Judge Hood's measure, atrocious form) by a junior member of the team with little appellate experience? I assume I'm not the only one who finds that to be a bit fishy.
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1. When a court grants relief "sua sponte" it does so on its own initiative, without the request of a party.

Thursday, September 04, 2008

Wednesday, September 03, 2008

Lies and the Lying Liars....


...who want nothing more1 than to conceal the facts. It's not a partisan thing; it's what pretty much all politicians do when they're terrified of truth.
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1. In case you follow the link and scratch your head, "How is Kwame Kilpatrick hiding from the truth if five of his employees are refusing to testify in his defense," as frequent commenter CWD has pointed out in another context, it would be "because they work for him and he can order them to testify in his defense."

Monday, March 24, 2008

Selective Prosecution


Detroit Mayor Kwame Kilpatrick is whining that the criminal charges against him represent selective prosecution, as the Detroit Prosecutor has no history of charging people with perjury for lying in civil cases.

Maybe so... but civil defendants' lies and cover-ups don't typically involve convincing the city to settle lawsuits against them for $9 million, hoping to cover up the text messages that prove the perjury as (an undisclosed) part of the settlement.

Even before he was charged, some were making comparisons that, although unflattering to Kilpatrick, are well-deserved. Such as At least Spitzer took it like a man after he got caught.