Boom-Boom, those feuding Jones boys and other fall golf notes

Couples3.jpgYeah, I know it’s football season in Texas and no other sport really matters, but I’ve been wanting to pass along a few interesting tidbits from the golf world.
John Hawkins reports that Fred Couples, a fan favorite in Houston from his playing days at the University of Houston, has had a rough year, including enduring a potentially dangerous blood clot in his arm a month ago;
Dallas-based Hank Haney, who has the good fortune to be Tiger Woods’ current swing guru, isn’t as lucky in a real estate deal;
Those golf course designing brothers — Robert Trent Jones Jr. and Rees Jones, the latter of whom designed Houston’s Tournament Course at Redstone Golf Club — conduct most of their communications between each other through their lawyers. The article notes a comment from a reporter who has tracked the brothers’ careers:

Bradley Klein, who has tracked the brothers’ careers as Golfweek’s architecture editor, said Rees and Robert Jr., who goes by Bobby, probably began trying to one-up each other “in the crib.”
“They hate each other,” he said. “They are rivals in every way.”

By the way, did you notice who is currently 192nd on the PGA Tour money list? Oh well, he still has the best golf picture of the year; and
Finally, In more of the Ryder Cup post-mortem (earlier posts here, here and here), Jeff Rude makes the case that the top-125 all-exempt Tour has bred complacency and mediocrity among most of the young US players:

American golf has sunk to this new low: Not only can’t the country come close to winning Ryder Cups and Palmer Cups and various other containers you can drink out of, but only two U.S. players under 30 have won more than one PGA Tour title: Ben Curtis, 29, once thought of as a one-shot wonder after winning the 2003 British Open out of nowhere, has three victories, and Jonathan Byrd, 28, has two, including a B.C. Open the same week the big boys were at the British. [. . .]
Chris DiMarco has never won a tournament in golf’s prime season ñ March through August ñ but has made $18.7 million in official Tour earnings. There are plenty others besides three-time winner DiMarco who haven’t won many tournaments and yet have broken the bank. Consider that these four-time winners have all earned more than $13.6 million: Stewart Cink ($18.4M), Scott Verplank ($17.9M), Bob Estes ($15.5M) and Tim Herron ($13.6M). And you can win only twice and bag $14.3 million, as Jerry Kelly has proved.
Not to pick on these fine players, but the point is: One could wonder about the incentive to win, grind, dig deep and dig dirt if you can live like Jed Clampett without collecting many trophies.

Great Coach tirades

Denny Green.jpgBy now, you have probably seen Arizona Cardinals’ head coach Denny Green’s meltdown after his team blew a 20 point lead to the Bears over the final 17 minutes of the Monday Night game earlier this week. Even Houston Rockets coach Jeff Van Gundy was impressed. “That was one of the best ones I’ve ever seen,” Van Gundy told the Houston Chronicle. “I loved that. It was great. I could feel his passion. I could feel the sting, too.”
Although Green’s tirade was entertaining, it really wasn’t one of the best coach rants of all-time. For example, Green’s performance is rank amateurism in comparison to the following:

The King of Tirades, former Indiana University and current Texas Tech basketball coach Bobby Knight, has a classic halftime speech here as well this collection of ten of his best tirades. And don’t miss this hilarious commercial that Coach Knight did for Minute Maid.
Not exactly a tirade, but no collection of coaching meltdowns is complete without former Ohio State football coach Woody Hayes going nuclear on a Clemson linebacker at the end of his final game as Ohio State’s head coach.
Former Colts coach Jim Mora’s famous tirade after his team lost a game by turning the ball over five times — “Playoffs? Don’t talk about playoffs. You kiddin’ me? Playoffs? I just hope we can win a game.”
This video includes a nice collection of tirades by former Raiders coach and current Nebraska coach Bill Callahan, former Jets coach Herm Edwards and former Saints coach Mike Ditka, among others.
Finally, one of the best ever, former Cubs manager Lee Elia’s tirade in 1983 over his club’s 5-14 start that season. Incredibly, Elia lasted several more months that season before being fired.

Big DOJ initiative against bankruptcy fraud

us-doj-seal-lg3.jpgPeter Henning over at the White Collar Crime Prof Blog notes this Justice Department press release the other day announcing a wide-ranging crackdown on bankruptcy fraud, although none of the cases appear to have been landed in Houston:

United States Attorneys have filed criminal charges against 78 individuals in 69 separate prosecutions in 36 judicial districts on a variety of federal bankruptcy fraud and related counts, including 18 cases charged Tuesday, Deputy Attorney General Paul J. McNulty, announced today. The announcement is the culmination of ìOperation Truth or Consequences,î a nationwide sweep that demonstrates the breadth of enforcement actions taken by the Department of Justice to combat bankruptcy fraud and protect the integrity of the bankruptcy system. [. . .]
Collectively, the Operation Truth or Consequences bankruptcy fraud sweep includes charges filed against nine attorneys, two bankruptcy petition preparers, and one former law enforcement officer; alleged concealment of more than $3 million in assets; use of false Social Security numbers and false identities; submission of forged documents and use of false statements; defrauding of individuals whose homes were in foreclosure; fraudulent receipt of government loans and benefits; and various other unlawful acts.

I have no idea whether the DOJ’s initiative is justified. But bankruptcy is strong medicine with serious side effects, and the exposure to criminal liability in bankruptcy is often underestimated by debtors and their counsel. It shouldn’t be.

Texas Children’s huge expansion

Texas Children's Hospital logo.jpgTexas Children’s Hospital — already the largest pediatric hospital in the country — announced a massive $1.5 billion expansion earlier this week that calls for 2 million square foot expansion, including construction of a maternity center, a neurological research institute and a satellite hospital in west Houston. Texas Children’s is one of the largest employers in the Medical Center and expects to create an additional 2,500-3,000 jobs in connection with the expansion. The Chronicle’s Todd Ackerman has story here.
Juxaposed between earlier posts here and here on the struggles of Baylor College of Medicine and the University of Texas Medical Branch to define their future in the troubled waters of America’s health care system, Texas Children’s bold expansion is a reminder of the strong influence that Houston’s Texas Medical Center and vibrant medical community will have on this key domestic policy and economic issues facing American society.

Fifth Circuit raps the Enron Task Force’s knuckles again

This news just in — the Fifth Circuit Court of Appeals has denied the Enron Task Force’s petition for en banc review of a Fifth Circuit panel’s decision that struck down the wire fraud and conspiracy convictions of four Merrill Lynch executives involved in the controversial Enron-related Nigerian Barge case.

The Fifth Circuit’s now final decision in the Nigerian Barge case calls into question a number of convictions obtained by the Task Force during its reign of terror over the past five years, not the least of which is the conviction of former Enron CEO Jeff Skilling, who is scheduled to be sentenced on Monday.

Regardless of the impact of the Fifth Circuit’s decision in the Nigerian Barge appeal on the other Enron-related cases, here’s hoping that the Fifth Circuit’s decision of today puts a nail in the coffin of the Task Force’s case against the four Merrill Lynch executives, three of whom are subject to a retrial as a result of the Fifth Circuit panel’s decision (one Merrill defendant, William Fuhs, had his conviction reversed and is not subject to retrial).

The damage to justice and the rule of law that has resulted from the Task Force’s pursuit of this abomination of a case is bad enough. But the damage that has been done to the careers and families of these men alone calls for this sordid chapter in the criminalization of business in the post-Enron era to be closed.

A big hurdle to health care finance reform

medical finance.jpgDon Boudreaux, chairman of the economics department at George Mason University and the driver of Cafe Hayek, authored this Christian Science Monitor op-ed that addresses a fundamental problem with reforming the American health care finance system — the expectation of most Americans that health care is a basic human right and entitlement. Boudreaux explains the fallacy of that attitude:

But not everything that is highly desirable is a right. Most rights simply oblige us to respect one another’s freedoms; they do not oblige us to pay for others to exercise these freedoms. Respecting rights such as freedom of speech and of worship does not impose huge demands upon taxpayers.
Healthcare, although highly desirable, differs fundamentally from these rights. Because providing healthcare takes scarce resources, offering it free at the point of delivery would raise its cost and reduce its availability. [. . ]
Medicare, Medicaid, and tax-deductibility of employer-provided health insurance created a system in which patients at the point of delivery now pay only a small fraction of their medical bills out of pocket.
This situation leads to monstrously inefficient consumption of healthcare. Some people consume too much, while many others with more pressing needs do without.
Because the wasteful consumption caused by heavily subsidized access drives up healthcare costs, taxpayers must pay more and more to fund Medicare and Medicaid, while private insurers must continually raise premiums. The sad and perverse result is that increasing numbers of people go without health insurance.

Employer-based health insurance — which proliferated as a means to attract scarce labor during the wage and price controls of World War II — triggered the societal shift in attitude regarding payment of health care costs. Milton Friedman summed up the basic problem during an interview several years ago:

There are four ways in which you can spend money. You can spend your own money on yourself. When you do that, why then you really watch out what you’re doing, and you try to get the most for your money.
Then you can spend your own money on somebody else. For example, I buy a birthday present for someone. Well, then I’m not so careful about the content of the present, but I’m very careful about the cost.
Then, I can spend somebody else’s money on myself. And if I spend somebody else’s money on myself, then I’m sure going to have a good lunch!
Finally, I can spend somebody else’s money on somebody else. And if I spend somebody else’s money on somebody else, I’m not concerned about how much it is, and I’m not concerned about what I get. And that’s government. And that’s close to 40% of our national income.

Stunning ignorance

bush_clueless_350.jpgJeff Stein, the national security editor at Congressional Quarterly, reports on in this NY Times article some questions he has been asking folks in Washington recently:

For the past several months, Iíve been wrapping up lengthy interviews with Washington counterterrorism officials with a fundamental question: ìDo you know the difference between a Sunni and a Shiite?î [. . .]
. . . so far, most American officials Iíve interviewed donít have a clue. That includes not just intelligence and law enforcement officials, but also members of Congress who have important roles overseeing our spy agencies. How can they do their jobs without knowing the basics? [. . .]
Take Representative Terry Everett, a seven-term Alabama Republican who is vice chairman of the House intelligence subcommittee on technical and tactical intelligence.
ìDo you know the difference between a Sunni and a Shiite?î I asked him a few weeks ago.
Mr. Everett responded with a low chuckle. He thought for a moment: ìOneís in one location, anotherís in another location. No, to be honest with you, I donít know. I thought it was differences in their religion, different families or something.î

That’s the vice-chairman of a House intelligence subcommittee? And he doesn’t even make this top 10 list of the dumbest members of Congress.
God save us.
By the way, while on matters religious, don’t miss this NY Times article that reports on the hardships faced by Iraq’s dwindling Christian population.

HPD’s Friday Night Lights

walterslogo2.jpgSuffice it to say that the video below of the incident first noted here will not be linked to from the Houston Chamber of Commerce website.
What on earth was Officer Rodriguez thinking? The Chronicle has a follow-up article here, focusing on the effect that publicity over the incident may have on the live-music club scene in Houston. Houstoned has more, too.

Hanging out at Rice University

Rice lovett Hall.jpgRuth Samuelson, an intern with the Houston Press, and a senior at Rice University, reports on David Jovani Vanegas, a 20-year old fellow who showed up about a year ago at Rice as a student and hung out for a year. However, it turns out that he was never actually enrolled at Rice as a student:

On September 13, Rice police arrested Vanegas for criminal trespass. Turns out he wasn’t an actual Rice student but a 20-year-old impersonator. Starting last September, Vanegas began eating in Rice’s dining halls, hanging out with students and attending classes. Some nights, he crashed in friends’ dorm rooms when he was too tired to go home. [. . .]
. . . Within the next few weeks, campus administrators alleged that Vanegas had taken close to $3,700 worth of food from Rice cafeterias. On September 28, the district attorney’s office filed felony charges for aggregate theft. Bail was set at $2,000. [. . .]
So why did Vanegas keep coming day after day for three semesters? He told police officers that he hadn’t gotten into Rice, but it would have broken his mother’s heart for him not to attend. Attempts to reach Vanegas were unsuccessful.

Read about the entire bizarre episode. There is a Marching Owl Band skit in this story somewhere.

Profiting from business prosecutions

fiftiesmoney.jpgSo, now it’s Debra Wong Yang, U.S. Attorney for California’s central district, is resigning to take a job with Gibson, Dunn & Crutcher LLP where she will serve as co-chair of the firm’s crisis management practice group. Sounds sort of like a legal SWAT unit, don’t you think?
At any rate, Yang — like Arthur Andersen-slayer Andrew Weissman before her — is moving on to greener pastures after spearheading the indictment of the Milberg Weiss law firm. Larry Ribstein — who just used Yang’s pursuit of Milberg Weiss in his recent talk on arranging key witness testimony — is wondrous about this development:

The WSJ reports that Debra Wong Yang, the U.S. Attorney in Los Angeles, has parlayed her prosecution of Milberg into a plum partnership at Gibson, Dunn & Crutcher. Bruce Kobayashi and I recently discussed Ms Yang’s handiwork: the irony of an indictment alleging that Milberg bought witness cooperation supported by a government plea deal with a leading witness. Now Ms Yang will earn big bucks to defend clients against similar government tactics. Is this a great country or what?