Re: Morgan Stanley financial adviser escapes felony charges

The argument over what the focus of our criminal justice system should be is a 
different one that whether that system should apply equally to all.  Even if you 
can make a case that restitution to victims should be the focus you can't make 
the case that this is an example of the law being applied equally.  No one on 
this list would get this treatment.  


While justice isn't perfect we should still strive for it.  Taking the 
fatalistic approach of life isn't fair seems to be a dereliction of that duty.

Mike F.  


----- Original Message ----
From: Lance McLain <lance-X3DuywwxauBWk0Htik3J/[email protected]>
To: DADL (off topic) <[email protected]>
Sent: Mon, November 8, 2010 10:48:04 AM
Subject: Re: [DADL-OT] Morgan Stanley financial adviser escapes felony charges


> Johne Cook
> As much as I would prefer it to be otherwise, life is not fair (but
> judgment
> is sure).

True, but that is no argument for allowing this to happen.

regards,
-Lance


>
> Johne Cook
> | http://raygunrevival.com | http://authorculture.blogspot.com |
>
>
> On Mon, Nov 8, 2010 at 10:35 AM, Lance McLain <lance-X3DuywwxauBWk0Htik3J/[email protected]> wrote:
>
>> I'm quite certain Mr. Erzinger has assets he can sell to pay Dr. Milo.
>> If
>> he's managing a billion dollar fund, he's pulling in millions per year.
>> That's a lot of restitution.
>>
>> As far as I'm concerned, Erzinger should be required to liquidate his
>> assets to pay up and if that means financial ruin, then so be it.
>>
>> Do you think you or I would get such treatment?  Hell no.
>>
>> regards,
>> -Lance
>>
>> > Johne Cook
>> > Not to be a total dick, but if not pressing felony charges means that
>> > Martin
>> > Joel Erzinger is going to be able to pay healthy restitution, I'm
>> > pragmatic
>> > enough to think this may be the better deal. I'd be incensed if Dr.
>> Milo
>> > was
>> > left in the lurch and didn't get a dime, but if Erzinger is going to
>> pay
>> > Milo a significant chunk of change, the pragmatist in me thinks this
>> is
>> > the
>> > least bad thing that could happen. It would be better if Erzinger
>> hadn't
>> > hit
>> > Milo, but now that he has, I'd prefer that he pay cash money for what
>> he
>> > did
>> > instead of losing his ability to do so.
>> >
>> > True justice will still be meted out by God. In the meantime, this
>> might
>> > not
>> > be as bad as all that. <flame shields up>  ;)
>> >
>> > Johne Cook
>> > | http://raygunrevival.com | http://authorculture.blogspot.com |
>> >
>> >
>> > On Mon, Nov 8, 2010 at 9:44 AM, Lance McLain <lance-X3DuywwxauBWk0Htik3J/[email protected]>
>> wrote:
>> >
>> >> I'm going to go throw up.  The corruption is so rampant it is
>> sickening.
>> >>
>> >> Also interesting too how the American MSM doesn't seem to pickup on
>> this
>> >> kind of stuff but only overseas news outlets.
>> >>
>> >> regards,
>> >> -Lance
>> >>
>> >>
>> >>
>>http://www.dailymail.co.uk/news/article-1327323/Morgan-Stanley-financial-adviser-escapes-felony-charges-hit-run-jeopardise-job.html#ixzz14hUgRaPa
>>a
>> >>
>> >> Morgan Stanley financial adviser escapes felony charges for
>> hit-and-run
>> >> 'because it could jeopardise his job'
>> >>
>> >> By DAILY MAIL REPORTER
>> >> Last updated at 10:21 PM on 6th November 2010
>> >>
>> >> Money IS a factor: Martin Joel Erzinger, a financial manager who has
>> >> escaped felony charges for a hit-and-run
>> >>
>> >> A financial manager for wealthy clients will not face charges for a
>> >> hit-and-run because it could jeopardise his job, it has been
>> revealed.
>> >>
>> >> Martin Joel Erzinger, 52, was set to face felony charges for running
>> >> over
>> >> a doctor who he hit from behind in his 2010 Mercedes Benz, and then
>> >> speeding off.
>> >>
>> >> But now he will simply face two misdemeanour traffic charges from the
>> >> July
>> >> 3 incident in Eagle, Colorado.
>> >>
>> >> His victim, Dr Steven Milo, 34, is meanwhile facing 'a lifetime of
>> pain'
>> >> from his injuries.
>> >> But prosecutors claim the decision is theirs to make.
>> >>
>> >> 'Justice in this case includes restitution and the ability to pay
>> it,'
>> >> said District Attorney Mark Hurlbert.
>> >>
>> >> He said Erzinger, a private wealth manager who manages more than
>> >> $1billion
>> >> in assets at Morgan Stanley Smith Barney in Denver, is willing to
>> take
>> >> responsibility and pay restitution.
>> >>
>> >> 'Felony convictions have some pretty serious job implications for
>> >> someone
>> >> in Mr. Erzinger's profession, and that entered into it,' he said.
>> >>
>> >> 'When you're talking about restitution, you don't want to take away
>> his
>> >> ability to pay.'
>> >> Dr Milo is a physician living in New York City with his wife and two
>> >> children, where he is still recovering from his injuries, court
>> records
>> >> show.
>> >>
>> >> He suffered spinal cord injuries, bleeding from his brain and damage
>> to
>> >> his knee and scapula, according to court documents.
>> >>
>> >> Over the past six weeks he has suffered 'disabling' spinal headaches
>> and
>> >> faces multiple surgeries for a herniated disc and plastic surgery to
>> fix
>> >> the scars he suffered in the accident.
>> >>
>> >> 'He will have lifetime pain,' his lawyer Harold Haddon told the
>> court.
>> >>
>> >> 'His ability to deal with the physical challenges of his profession -
>> >> liver transplant surgery - has been seriously jeopardised.'
>> >>
>> >> Dr Milo told Hurlbert that the case 'has always been about
>> >> responsibility,
>> >> not money'.
>> >>
>> >> 'Mr Erzinger struck me, fled and left me for dead on the highway,' he
>> >> wrote. 'Neither his financial prominence nor my financial situation
>> >> should
>> >> be factors in your prosecution of this case.'
>> >>
>> >> But the prosecutor insisted that the case is, in part, about the
>> money.
>> >> 'The money has never been a priority for them. It is for us,' he
>> said.
>> >>
>> >> Dr Milo was bicycling eastbound on Highway 6 near Eagle when Erzinger
>> >> allegedly hit him with the black 2010 Mercedes Benz sedan he was
>> >> driving.
>> >>
>> >> Erzinger fled the scene and was arrested later, police say. He drove
>> >> until
>> >> he reached a Pizza Hut parking lot, where he stopped and  called
>> >> Mercedes
>> >> auto assistance to report the damage to his vehicle.
>> >>
>> >> Read more:
>> >>
>> >>
>>http://www.dailymail.co.uk/news/article-1327323/Morgan-Stanley-financial-adviser-escapes-felony-charges-hit-run-jeopardise-job.html#ixzz14hpyiwcV
>>V
>> >>
>> >>
>> >> --
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>>
>> regards,
>> -Lance
>>
>>
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regards,
-Lance


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