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Editorial: Letter to the Editor

July 6, 2011
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Letters to the Editor

To the editor:

As a corporate and securities law counselor to companies large and small for the past three decades, I take exception to remarks that Mark W. Everson, the commissioner of the Indiana Department of Workforce Development, volunteered to The New York Times. I reference his opinion piece with the insulting headline “Lawyers and Accountants Once Put Integrity First,” which was published by the Times on Sunday, June 19, 2011 (Week in Review, p. 8).

That Father’s Day column drew on Mr. Everson’s recollection of his father’s career as a Wall Street attorney and his own experiences as an accountant with a Big Eight firm leading to his stint as commissioner of the Internal Revenue Service under George W. Bush.

Recounting how honorable his father and he had been, and suggesting that lawyers and accountants in years gone by never “expected to get rich,” Mr. Everson lambasted both groups of professionals with the broadside that “[l]awyers and accountants who were once the proud pillars of our financial system have become the happy architects of its circumvention.”

As a remedy, he suggests that corporations should be stripped of their attorney-client privilege for discussions with their attorneys about “commercial transactions and financings and even government-mandated filings and disclosures...” Thus, in the span of two column inches, Mr. Everson suggests laying waste to a bedrock common law evidentiary principle that is grounded on sound policy, while suggesting that somehow he is opening up a “healthy” debate on a “can of worms.”

Further, his remarks seem to support the assignment to lawyers of a public “gatekeeper” role that, although increasingly suggested by Securities and Exchange Commission staff and others in speeches since the Enron debacle, is also not well grounded in the law or sound policy.

His conclusion is “[w]e should look at all the moving parts in our financial system – starting with the outside professionals – not just Wall Street and Washington.” Maybe he means Indiana?

I’ll let the accountants express their own outrage.

Maybe Mr. Everson is unaware that the subjects that he has so cavalierly addressed are the subjects of much regulatory, congressional, and scholarly debate, much of it triggered by the fallout from Enron, and the fallout of which included the Sarbanes-Oxley Act of 2002 and sweeping changes affecting auditors and lawyers for public companies. He’s about a decade late.

I am proud of the professionalism of the lawyers (and accountants) who assist the businesses of this state in attempting always to comply with their legal obligations with integrity, and find Mr. Everson’s piece of drivel to be an embarrassment to this state and the public administration of which he serves. He’s entitled, of course, to express his opinion, but better for him to do so as John Q. Citizen and not as a member of the cabinet of Gov. Daniels.•

Sincerely,

Mark B. Barnes
Mark Barnes Law PC
Indianapolis

 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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