Tygger;3889757 said:
The plaintiffs have always maintained that the doctor was compromised because he was in debt, needed monies desperately, and was willing to do an unethical act - negligently administering an anesthetic in a home setting that he was unqualified to do – to receive monies.
exactly and the discussion we were having just because a person has a debt does it mean they are compromised and would do something unethical and negligent? Almost all Americans have student loans, mortgages, credit card debt, car loans, so almost all American have some sort debt. Does it mean that they are all compromised?
for example assume Jane gets hired and she has significant amount of student loans and no money to her name, does it mean she is compromised and willing to do an unethical, negligent even a criminal act - such as let's say stealing, accepting bribes and so on? Should Jane not be hired?
Imagine another person - let's call him John- he lost his job during the economic crisis and has been unemployed for 2 years, he used all of his savings, he's behind for payment of all of his debts and his house is about to be foreclosed. Does it mean that he's compromised and would do anything and he should not be hired?
Without the background check, it was an ignored red flag for the doctor to ask for $5M for less than a year’s work and eventually settle for $150K/month; there is no logical sense there. A doctor making $1M/month with two genuine offices and two faux offices would most likely not request $5M. Phillips testified the $5M request was not as alarming to him as the $150K/month.
gross versus net. The $1 Million a month was the gross income number. So his net income after office rent, utilities, expenses, salaries of staff etc. would be lower. His AEG salary did not have the same expenses. AEG was going to pay for equipment + additional doctor/nurse. Murray did not have the rent expenses and he was actually also being provided housing, travel costs and insurance. So a doctor who earns $1 Million gross a month can accept a $150,000 net a month + housing, travel + insurance.
The only red flag was his willingness to drop $5 Million to $1.5 Million. Some of the drop is the negotiation effect - you start negotiation at a high amount and given a low amount and settle for the middle. Also the red flag could be explained by he was told "this is what Michael offered, take it or leave it". Murray took it. AEG could have look to it and simply said "sweet we got a deal".
Ivy, no, it was the type of debt that was an issue and she did not basically say anyone with debt is not suitable for hire. She specifically spoke only about the doctor; there were no generalizations.
and what type of debt was he under? student loans, mortgage, child support? those are very common types of debt. saying those type of debt is not suitable for hire would make a lot of people ineligible for hire. and she did testify that failing credit history was sufficient to deny employment.
Seawright said that once she checked Dr. Murray's credit check it made him ineligible for employment, thus she didn't investigate further. "There was no need to," Seawright said, explaining the fact that Dr. Murray failed the credit history was sufficient to deny him employment.
jrsfan;3889782 said:
Having 2 fake offices is a red flag & 3 social security numbers is too. I would agree his being in debt is not necessarily one however.
The fact that doctor had three social security numbers was ENOUGH to stall any and all negotiations as that is illegal and can result in a federal offense.
sorry but you are making assumptions about the security numbers. There are a lot of people in America with multiple social security numbers and there might be legit reasons for that. Here's social security webpage about multiple social security numbers:
http://ssa-custhelp.ssa.gov/app/ans...ltiple-social-security-numbers-on-a-statement
Here's a 2010 study : 20 million Americans have multiple Social Security, More than 100,000 Americans have five or more SSNs associated with their name.
so as long as the social security numbers are legit and are properly associated with Murray's name in social security records, there's no red flag there. The only red flag would be if he had one legit and 2 fake social security numbers. seeing that the government did not charge Murray with social security fraud, I'm going to assume that his numbers were legit.
ps: Michael himself had 2 social security numbers.
LastTear;3889788 said:
Have we actually established whether AEG could have carried out the same check on Murray as law enforcement could?
bouee;3889825 said:
yes, Orlando Martinez did at the beginning of the trial. he specified what was public and what was not
LastTear;3889857 said:
Thanks Bouee, I must be a little slow, I have re-read Martinez summary and it's just not clear to me how much AEG could have delved without either Murray's permission or a supeona. I'm just not sure from the debts that we discuss whether its reasonable that AEG could have found that info.
you need to get written authorization to run a credit check.
you might have experienced this if / when you were buying a car, home or doing refinancing. They ask for your social security number and get you sign a document to run your credit report. they will also warn you that too many credit report requests soon enough could be problematic. so they can't run a credit report without a written authorization. legally they are also required to provide copies of the credit report to you.
so they could not done it without Murray's authorization. therefore the question becomes how can you justify running a credit check on an independent contractor doctor?