Judge Gilmore Vacates Kevin Howard’s Conviction

As anticipated, U.S. District Judge Vanessa Gilmore this afternoon vacated the conviction of former Enron Broadband executive Kevin Howard on five counts of conspiracy, wire fraud, and falsifying books and records. Kristen Hays’ Chronicle article on the decision is here and the NY Times story on the decision is here.

Inasmuch as Judge Gilmore vacated Howard’s conviction, the Justice Department could try him again, which would be the third time on the same charges. Don’t bet against the DOJ doing just that.

The Enron Task Force prosecuted the first two cases against Howard in the same manner as the case against the defendants in the now utterly discredited Nigerian Barge case. The Task Force first asserted an unwarranted expansion of a criminal law intended to punish kickbacks and bribes against a businessman-defendant who did no such thing. Then, the Task Force took the case to trial and blatantly appealed to the strong juror resentment against anyone having anything to do with Enron to obtain a popular conviction against a supposedly wealthy businessman.

Shattered lives, families and careers now lie in the wake of this outrage. Who is going to answer for that?

Doctoring under an increasingly regulated system

HealthInsurancetax%20013007.jpgChristopher Tozzo recently articulated a troubling thought about the perverse incentives involved in a one payor, government-administered health care finance system:

A key premise in any call for socialized medicine is that physicians (and nurses and dentists and physical therapists and orderlies and equipment technicians and pharmacists and …) will continue to do what they do now, as much as they do it now (and where they do it now and as well as they do it now and for as long as they do it now and …) despite the efforts by government to enslave them. Like a battered spouse, the health care professional will, the bureaucrats presume, simply put up with it forever. [. . .]
If you’re smart enough to become a doctor, then you are smart enough to become a lawyer, accountant, investment banker or a dozen other ultra-skilled occupations that are not price capped. The laws of economics are not subject to repeal by any legislature. An artificial price ceiling creates a shortage, regardless of what “noble goals” underlie it. Doctors, especially future doctors, will not be turned into indentured servants without limit.

Tozzo’s point is a good one, and reminded me of the following note that I recently from one of my old friends, Dr. Jim Bob Baker. Jim Bob is a first-rate internist who was one of my late father’s best and brightest medical students. Jim Bob wrote about a new regulation that is creating similarly-skewed incentives for doctors under the current American health care finance system:

I wanted to let you know about the next new development in the mess that is the U.S. health care finance system. The newest wrinkle is what is being called “P4P”, or “Pay for Performance.” Ostensibly, the program purports to be a budget-neutral process whereby doctors and hospitals who meet certain guidelines in the provision of healthcare in specific illnesses will be given higher reimbursement, while those who fall below the benchmark will see their payments cut even further.
What we expect will happen has more of an Orwellian flavor. Hospitals and private practitioners are already preparing for the first installment of a scheduled 40% cut in Medicare payments to them that will occur over the next several years. In all likelihood, we will see an across-the-board cut to all providers. Then, if you want to see an “increase” in payment to get a portion of that cut reinstated, you have to jump through the particular hoops mandated by CMS. Those who fall below the standard will see their payments cut even further.
Pay for Performance is a noble idea. The doctors and hospitals treating patients most correctly get a higher payment for that treatment. However, as with most governmental programs, implementation of the noble idea falls woefully short of intended result.

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New Orleans may still be a mess, but at least fraud is under control

New%20Orleans%20map%20013007.gifThis Christopher Cooper/Wall Street Journal ($) article on the inability of the federal, state and local governments to administer the vast amounts of aid appropriated to rebuild New Orleans and the Gulf Coast region was published over this past weekend, so the story was not widely discussed around the blogosphere. But the story it tells is instructive regarding the inefficiency of government administration in comparison to entreprenurial activity in achieving the goal of rebuilding the region:

It’s been almost 17 months since Hurricane Katrina pounded coastal Mississippi and southeast Louisiana, and about a year since Congress authorized the bulk of its rebuilding aid for the region. More than four months have passed since President Bush visited New Orleans on the anniversary of the storm and extolled the “amazing” reconstruction effort.
But a review of the devastated region shows that rebuilding is in a deep stall. Tens of thousands of residents remain displaced as authorities dither over how to disburse housing assistance. Many crucial infrastructure projects have yet to start. Of the tens of billions appropriated by Congress, half remains unspent.
There are many culprits. Among them: the size of the disaster, which continues to overwhelm agencies charged with rebuilding; the crush of competing bureaucracies, which has delayed many projects including the Bay St. Louis bridge; and weak local leadership.
In addition, many reconstruction efforts are ensnarled in spools of red tape spawned by a bevy of old and new government procedures. A prime example: an obscure set of 30-year-old Congressional rules designed to combat corruption known as the Stafford Act.
According to the White House, the federal government has provided $110 billion for the Gulf Coast region. But nowhere near that amount of actual cash has been made available. The total is spread over five states and covers damage done by three separate storms. Some of it consists of loans. A chunk comes from government insurance payouts that ultimately derived from premiums paid by homeowners themselves.
Of $42 billion given to the Federal Emergency Management Agency, the agency has spent only $25 billion, federal records show. Most of that went to temporary housing, debris removal and emergency operations in the early days of the disaster. It has spent more than $4 billion on administrative costs.
Louisiana says the Army Corps of Engineers has spent only about $1.3 billion of the $5.8 billion it received to repair the levees in and around New Orleans. Only about $1.7 billion of the $17 billion received by the Department of Housing and Urban Development has made its way to the streets, the agency says.
In New Orleans, officials say they have received only about 14% of the estimated $900 million in reconstruction money they estimate is needed to fix the ruined city. “We have lots of meetings,” says Cynthia Sylvain-Lear, the city’s liaison with FEMA.

The article notes a particularly stark example of the difference in effectiveness between government adminstration and private enterprise:

In August, 2005, Hurricane Katrina flattened two bridges, one for cars, one for trains, that span the two miles of water separating this city of 8,000 from the town of Pass Christian. Sixteen months later, the automobile bridge remains little more than pilings. The railroad bridge is busy with trains.
The difference: The still-wrecked bridge is owned by the U.S. government. The other is owned by railroad giant CSX Corp. of Jacksonville, Fla. Within weeks of Katrina’s landfall, CSX dispatched construction crews to fix the freight line; six months later, the bridge reopened. Even a partial reopening of the road bridge, part of U.S. Highway 90, is at least five months away.

So, the government cannot invest the funds appropriated to rebuild New Orleans and the Gulf Coast region in a prompt manner. But at least fraud in the administration of those funds is under control. My sense is that the residents of New Orleans and the Gulf Coast would be willing to risk a good dose of fraud to achieve some results at this point. Harry Siegel, who has been studying the recovery of New Orleans over at the Manhattan Institute, has more.

A quick note about Barbaro’s death

BARBARO1_lg%20013007.jpgThe sad but not unexpected end for Barbaro came earlier this week (prior posts here). Alas, thoroughbreds are born to race, not to convalesce. So, Barbaro was simply not able to fend off the multiple infections that increasingly afflicted his legs and hoof areas.
Although those in horse racing circles knew that the Kentucky Derby champ’s recovery was always a longshot, Barbaro’s death has generated a surprising amount of over-the-top public emotion. Thankfully, the Washington Post’s Sally Jenkins does a good job of placing Barbaro’s death in the perspective of the high-risk nature of thoroughbred racing, as does NY Times Joe Drape in analyzing the advancement in treatment of thoroughbreds that resulted from Barbaro’s attempted recovery.
But the same thing cannot be said for NY Times Select ($) columnist Harvey Araton, who is utterly overwrought in attempting to interpret the public displays of emotion over Barbaro’s death:

Maybe Barbaro, as the fallen champion, was reminiscent of a country that was seriously wounded on 9/11 and has been wobbly ever since. Maybe the horseís medical roller coaster struck a chord at a time when a great American city, ravaged by nature and neglect, still canít stand up. Maybe only in such context can we rationalize such widespread passion for the health of a horse that has exceeded that for any single American soldier killed or wounded in Iraq.

Harvey, get a grip. Sheesh!