Rare Book Monthly

Articles - November - 2006 Issue

Closing The Chapter: One Last Sentence For Smiley's Story

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While the sentence appears to be relatively light, it should be noted that this will not be an easy time for Smiley. While as a white-collar criminal he will undoubtedly go to the small house, not the big one, these three years won't be fun. More importantly, the impact of his actions will likely stay with Smiley the remainder of his life. Most of his possessions will be gone as a result of the restitution he must make. Meanwhile, his reputation is destroyed and his ability to regain his career is nil. If the common criminal receives as much time for much smaller thefts, he at least is not likely to be ostracized from his community the way Smiley can expect to be. The common criminal is free to resume his trade when released, perhaps educated in prison in ways to improve on his technique. Smiley will not so benefit. Part of the traditional punishment for crime was the public humiliation it once brought. For those on the "street," this punishment may no longer be meaningful, but for someone like Smiley, once a respected member of a fraternity of learned, wealthy, and influential people, it has to be devastating. This is a human tragedy as well as a crime, though it is one Smiley brought upon himself.

So let's end with one positive note about E. Forbes Smiley. In his statements, he has taken responsibility for his actions. As best I can tell, he has taken full responsibility, not the phony type we have seen from some of our politicians when caught with their hands in the till, or still worse places. Unlike congressional scofflaws such as "Duke" Cunningham, Bob Ney, or Mark Foley, he hasn't attempted to blame his behavior on alcohol. He hasn't suddenly "discovered" he is an alcoholic, and therefore while, yes, I am technically responsible for my actions, it was really the booze that made me do it. In other words, I'm really not responsible. One can question the sincerity of Smiley's apologies. Only he knows for sure. But, at least he hasn't conveniently "discovered" a previously unknown addiction and that is the explanation, not unprincipled greed. Smiley may not be a role model for our children, but at least he's not a political crook. That's one step up the ladder.

Endnote: On October 20, the Associated Press reported that a minister from Royersford, Pennsylvania, was charged with stealing a leather-bound Bible from his church and selling it on eBay. The more things change, the more they stay the same.

Rare Book Monthly

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