How things work (see previous Leonard Cohen song)
A Morgan Stanley wealth manager will not face felony charges for a hit-and-run because Colorado prosecutors don’t want him to lose his job.
Martin Joel Erzinger, who manages more than $1 billion in assets for Morgan Stanley in Denver, is being accused only of a misdemeanor for allegedly driving his Mercedes into a cyclist and then fleeing the scene, Colorado’s Vail Daily reports. The victim, Dr. Steven Milo, whom Erzinger allegedly hit in July, suffered spinal cord injuries, bleeding from his brain and, according to his lawyer Harold Haddon, “lifetime pain.”
But District Attorney Mark Hurlbert says it wouldn’t be wise to prosecute Erzinger — doing so might hurt his source of income. Here’s Vail Daily:
“Felony convictions have some pretty serious job implications for someone in Mr. Erzinger’s profession, and that entered into it,” Hurlbert said. “When you’re talking about restitution, you don’t want to take away his ability to pay.”
“We have talked with Mr. Haddon and we had their objections, but ultimately it’s our call,” Hurlbert said.
Milo, who lives in New York City with his wife and kids, is furious about the dropped charges, Vail Daily says. The doctor’s line of work, like Erzinger’s, has been threatened by the incident. “His ability to deal with the physical challenges of his profession — liver transplant surgery — has been seriously jeopardized,” Haddon, Milo’s lawyer, said. Here’s Milo, from the Vail Daily:
“Mr. Erzinger struck me, fled and left me for dead on the highway,” Milo wrote. “Neither his financial prominence nor my financial situation should be factors in your prosecution of this case.”
Reuters’ Felix Salmon compares the dropped charges to the kind of financial invulnerability that bankers felt in the years leading up to the financial crisis:
No matter how egregious their behavior, financiers knew that they would end up wealthy and comfortable. That, in turn, made it much easier to overcome their natural risk aversion.
Erzinger has bought his way out of a felony charge, over the strenuous objections of his victim; it’s very unlikely that online petitions will do any good at this point. Just another thing to add to the list of things that money can buy, I suppose.
The bicycling blog Abandon Your Car, which includes an online petition, calls the incident “one of the most disturbing, and indeed disgusting, miscarriages of justice in my recent memory.”
Business Insider, for its part, defends Erzinger, saying that due to restitution payments, he “might be working for the rest of his life and giving much of his paycheck to the victim.”
Morgan Stanley told The Huffington Post that they are aware of the situation and stressed that it was separate from Erzinger’s professional role.
“This unfortunate situation was not related to the individual’s professional activities, but we are continuing to monitor the situation and will cooperate fully with law enforcement, if requested,” said a Morgan Stanley representative.
I left a voice mail and email message at Morgan Stanley’s Denver office asking if Mr. Ezinger had been fired yet. Clearly someone with this lack of intelligence in decision making and capable of executing such selfish, irresponsible behavior should not be in charge of $1 billion worth of other people’s money correct?
I told them if he wasn’t fired by the end of the week I would be pulling all my money out of my Morgan Stanley accounts and urging all my friends and family do the same.
The DA’s office phone number is 970-328-6947 if you want to speak to them about their botched handling of the case.
Colorado Atty General’s Office: 1525 Sherman St. // Denver, CO 80203
P: 303-866-4500 // F: 303-866-5691
District 2 Congressman is Jared Polis – (202) 225-2161 // http://bit.ly/cMnCrE
Email Congressman Jared Polis at firstname.lastname@example.org
Mailing Address: Eagle County District Attorney’s Office // P.O. Box 295 // Eagle, CO 81631
Phone: 970-328-6947 // Fax Number: 970-328-1016
New York, NY 10036
Is it really too much to ask for them to treat all people the same in adminstering justice? You think if Mr. Erzinger worked as a cook or an engineer or a janitor they would have been so accommodating and deferential to him and worrying about his record in relation to his ability to hold/get a job?