Thursday, February 05, 2009

Is Frank Foy credible?

Frank Foy, the former chief investment officer at the ERB,
has filed a lawsuit alleging investments in Vanderbilt
and associated companies, were in exchange for
political contributions from the firm's employees.

During a recent press conference, lawyer Marty Esquivel
called Frank Foy a liar, and said that, he had zero credibility.

I emailed Esquivel and asked him to back up his claim.

Other than the fact that Foy, and Esquivel's client, Malott
have different stories, could Esquivel cite any specifics
that speak to Foy's credibility.

Esquivel did not respond. He made an accusation in public,
and will not, or cannot, back up his claim.

I suspect that the fact that Foy is a "disgruntled former
employee" is the foundation for Esquivel's claim.

"Disgruntled former employee" is a favorite catch all phrase
for lawyers trying to impugn the character of a complainant,
and to diminish the credibility of their testimony against
the lawyer's client.

Whether or not, one is a former employee, and
whether or not they are "disgruntled" does not speak to credibility.

It speaks more actually, to the credibility of the person who
uses the phrase, and then tries to assign some veracity
to the implication.

UPDATE: Marty Esquivel has responded to my email, and
I to his. I will update again, when an overall impression
has emerged.

2ND UPDATE: my impression;
Mr. Esquivel's belief that Frank Foy is not credible
rests on at least, fact that Foy at one point apparently
recommended making the investment in question.

Frank Foy's personal credibility aside; I expressed again,
my belief that the credibility of a complaint, and the credibility
of the complainant, are separate, and actually,

Complaints, like questions, stand or fall on their own.

It has nothing to do with who makes the complaint
or with who asks the question.

Answer the question; respond to the complaint.

It's about the message,
it is not about the messenger.

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