Undue Influence: What Wills,Trusts, Cults & Trump Have in Common
How influence for self-gain and aggrandizement has permeated American political culture, and threatening democracy.
Most of my readers may not be familiar with the term “undue influence,” but in the law, it is a term of art. In the usual sense, it has to do with the state of mind of at least two people - the target “influenced” individual, and the influencer.
The target is usually unassuming, unaware of the motivations of the aggressor party who is almost always the main or sole influencer. The aggressor will “bait” the target with words or promises and even overtures of friendship, to gain leverage over them, to ensnare them in a reality not of their own making. The aggressor then establishes a relationship of “trust,” “confidence,” and “reliance” with his mark - the “elements” needed to establish “undue influence.” In response to this unfettered influence and manipulation, the victim will adopt and internalize the aggressors words, actions, and beliefs - substituting them for his own.
The American Bar Association explains the four elements of undue influence that must be established to prove its existence:
Vulnerability of the victim. For undue influence to apply, it must be proved that the victim was excessively vulnerable or fraud was perpetrated to misinform - this can sometimes be accomplished by almost imperceptible (underhanded) means to an unknowing bystander (similar to how domestic abusers are virtually undetectable outside the home)...
Influencer's authority - in a position of trust or confidence with the target, even if the influencer is not a fiduciary. ...
Overt tactics - bad mouthing, misinformation, cloistering the victim. ...
Inequitable results - “but for the maligning, misinformation, cloistering, fraud and/or unrelenting influence” the result would have been different; the perpetrator should not profit or benefit from their wrongdoing.
Traditionally, leveraging or “coopting” a target takes place behind closed doors - much like an abuser who abuses his wife, one almost never sees this playing out in public. This type of coopting is accomplished discretely, in subtle and incremental ways - until the target fully trusts or relies upon their influencer for advice or direction, even some perceived benefit or care. Most often the perceived benefit is illusory - contrived to make the target “believe” they are favored, or extolled, receiving a benefit or special treatment - when in reality they are being conned.
It must be noted, the “hook” for this undue influence to take hold, is seeking to establish a mutual connection with their mark(s) - both in sharing of grievances and points of agreement. This “connection” is critical to the success of their trust-building plan - but just like their feigned comradery, none of it is real.
In my professional career, I have observed the effects on target victims who have been coopted. Groomed to become reliant, learning to trust and confide in their influencer when there is every outside indication they should in fact be on guard. Ask Fox News who was caught in the act, of lying about the 2020 election results when they were sued by Dominion Voting Systems Machine company, and the case finally settled. It was admitted in court documents, Fox statements indicating the 2020 election was stolen were “hyperbolic” - not based on fact - even their “news” personalities saying behind closed doors, they didn’t believe what they were reporting was true. Nevertheless, Fox lawyers argued it’s all just opinion, that no reasonable person would seriously take what they were saying as fact. Yet, the con was set, the damage was done, and almost half of the voting public still believes it was true four years later!
It is axiomatic that trust and confidence-building is at the heart of any con. And like any plan, to be effective it must be scrupulously nurtured, protected, and repeated, before any meaningful influence can be exerted.
Identifying a Target
First, the aggressor con artist must identify the characteristics of the most susceptible mark. Once they identify this target(s), they observe them for weakness, impressionability, or foible to exploit. Then they move on to identify grievances that one on one conversation and polling identify to be explored. Views towards certain people and populations (including but not limited to views on political affiliations, race or ethnicity). Once identified, the the bonding, coopting, and vilifying process begins. Observations are necessary to fine-tune the message, and demographics and level of education all factor in to their message.
Pollsters now can assess whether their convictions are floundering or immutable. Whether their targets can be riled-up, and directed to the influencer’s way of thought. Once the assessment reveals their marks “share” at least “some” of the same grievances, the dialogue is amplified and expanded, maligning certain individuals or causes - each time with more vitriol and condescension than the previous time before. The end result: is an internalized belief - their cause is just, and their grievance well-founded.
Maintaining the sham of feigned grievances takes time, but with persistence, and repetition, it can be skillfully factored into a workable trust-building plan unduly influenced by its architect-in-chief, the con artist.
The Coopting of Minds
It may be surprising to learn this schema of exerting “undue influence” has been utilized for centuries to unseat money from the grasp of lonely, elderly widows or widowers (testators), cloistering them, directing their love, admiration, and assets by lies and misinformation, away from a deserving family member(s) - often to the most undeserving party of all. But this manipulative scenario doesn’t just happen in the world of inheritance, we see this playing out in real time in the political realm: for money and power - and yes, votes. The “profiteering” worlds of inheritance and politics are not all that dissimilar - the motive and result in each is always the same. Getting someone to part with their money or assets is old school, modern-day charlatans want your vote. This age-old art, has capitalized on selling “pretense” as truth, “truth” as lies, and everything in between now subject to interpretation.
Just as the snake oil salesman of years long ago, packaged and sold something of no inherent value, with only worthless promises by the “salesman” that it will do as directed to improve the buyer’s health, the modern-day version is strikingly similar. These new-age charlatans will not only sell their mark something with no value in a one-time sale, but will work to empty their coffers almost completely. To finance elections requires repeat calls for donations, yet ironically, those running for office have more money, assets and connections than half the electorate themselves.
Still these financial charlatans look to coopt the minds, beliefs, and pocketbooks of the American people, for their own personal gain and aggrandizement. In fact, Mr. Trump is hoping to be elected not to better the country - he already had a chance at that and failed just like his casinos, but to become immune from federal “criminal” prosecution - not a noble cause at all. Yet, by pandering to the fears and grievances of the electorate, with the help of Fox News as entertainment, he can “unduly influence” his followers to act - part with their money, with no inkling they have been conned.
The Art of the Con
In contrast to the traditional con which was usually one on one, nowadays they are mega-church sized. At political rallies as in cult organizations, the swaths of individuals to be reached and coopted are so vast, it requires recurrent TV ads and hoards of acolytes to reach the masses.
One thing that is obvious in the process of attracting and retaining their marks, is the use of repetitious-grievance mantras such as “lock her up,” - a veiled battle-cry to essentially “rally the troops.” Sometimes those on the fringe of assimilation just need a nudge, to share in the philosophy and vision of their mentor, as they reflect on what they perceived were “the good ol’ days” when Reagan himself was in charge. To these folks, they find solace in the safe harbor of being part of a movement they believe reawakens the past. But this too, like everything else is all part of the charade.
As the cult-like movement reaches mega-church levels, it indoctrinates more people, and the cache increases exponentially. Rallies can now be held in bigger venues, and mega-events become the norm. Not only does it keep their crowd engaged and keep the money flowing in, but it perpetuates the influence that was exerted, while giving legitimacy by its sheer numbers to their cause. The psychology of leveraging “undue influence” through psycholgocial manipulation cannot be understated. These “influencers” are savvy, convincing their marks to believe they have superior knowledge and skill, when in fact the most prominent republican candidate merely inherited money, and used that, and the US bankruptcy code to build and sustain his wealth.
Feigned Mutuality of Grievance
To garner the cooperation and dollars from their marks, the con artist “feigns” mutuality of grievance and shared philosophy, even pitting Americans against each other with the hackneyed phrase “its them against us.” But once disharmony of grievance and values are successfully imparted into the minds of these followers, this unholy alliance of mutual grievance and comradery takes on new meaning. The “them versus us” stance is not only dangerous, it is unAmerican. Although this philosophy has proved to work well in estate profiteering, the boardroom, in pseudo-religious cults, and most certainly - is has antidemocratic messaging at its core.
Traditional Profiteering by Manipulation
In the “good ol’ days” before social media and political profiteering became vogue, the target of undue influence and manipulation had as its target-victim an unsophisticated housewife who bought useless products she didn’t need, or an elderly parent - usually an elderly widow or widower, disillusioned with their child or children for some real or imagined infraction. As to the latter, as a legal professional, I have seen this firsthand, where siblings demean and malign the other, creating an aura of distrust between a parent and a child(ren), so that the undue influencer “alone,” reaps the financial benefits of their ill-gotten gains - winner take all. But this term of art now has many applications.
Scoundrels and Profiteers
In the usual influencer/influenced paradigm, it is relatively safe to say, family is often but not always the first and most enduring bond. But unlike any other interpersonal structure, it can be heartbreaking to learn that your brother or sister influenced your father or mother, to leave you or another sibling out of their will. But in reality, such heart-wrenching influence can come from a number of sources: a family member, a close family friend, an investment advisor, family attorney, or even a priest.
No matter who they are, the intent is always the same: to curry favor and influence vulnerable people, separate them from their money, and direct their thoughts. It can be a shared view of a particular person, philosophy, prejudice - or even as stated previously, a political viewpoint. As we regularly observe in our everyday lives, no one person or cause appears to be off limits.
The Role of the Undue Influencer
The person who exerts this overwhelming influence can do so in a number of ways both subtle and overt. Overt threats or a feigned tale of comradery begins with a shared viewpoint on a person or worldview of a situation. Sometimes this influence is subtle, other times not. These manipulators size-up their marks and pander to their interests and insecurities. When the former President states at rallies and on TV, “I love the poorly educated” he is sending a signal: that the uneducated population is revered, and their grievances heard and valued. In doing so, he leads these impressionable souls to believe their grievances are his, skillfully lifting them up, while steadfastly asserting he has their best interests at heart. This is the modern-day political-con.
As we can see, Trump elicits sympathy from his followers, those he has hoodwinked and cajoled; feigning his legal woes are theirs, and whatever repercussions come his way, he is taking on the chin for them. He repeatedly plays the overused trope that he is the victim of government overreaching - even though untrue, and much if not all of his folly, is of his own making. Yet despite the blatant untruths in his statements, he repeatedly asserts that he is running interference for all of his followers - implying they should be grateful as he “champions” their cause - that he is “taking the heat for them,” being persecuted for “their grievances” - when in reality, they are certainly his own. Because he has convinced his followers of a shared commonality of grievance and persecution, he has become their martyr and mascot - and because he repeatedly pronounces, he is making these sacrifices for “them” - his “followers” inferring they need to show their appreciation with their “donations,” be “loyal” and support him “unconditionally.” In fact, he is now demanding what amounts to a 5% tithe or more from the RNC - to support his legal mission - just as if he were a church.
Grievance-Stokers are Undue Influencers
There can be no doubt; grievance-stokers like the former president are undue influencers. They are nothing more than profiteers seeking to establish rapport, take advantage of their mark(s), and exploit them for their own selfish gain. They accomplish this by providing misinformation, masquerading lies as truth, even claiming an absurdity that there are “alternate facts” which is nonsensical by its very definition. Yet here we are, Fox and Trump are still convincing followers that falsehoods are real, truth are lies, and his grievances are theirs - when clearly he shares neither “Christian” values, nor similar bank account balances with most if not all of his followers. I really don’t believe that impoverished supporters if given the numbers, would really believe the mega-rich should pay less than they do in taxes. Yet once again, he is exploiting their grievances, and disappointments, withholding the facts and the numbers, exploiting their naivete with unfounded pronouncements and misinformation.
President on Trial
Just the other day the former president claimed that Judge Merchan in his New York criminal case* - would not allow him to go to his son’s graduation - garnering the ire of Fox News hosts, yet the court transcript and reputable media reports state to the contrary. Despite the blatant untruth, Fox News began stoking the flames of discontent, extolling outrage while spreading clear falsehoods intended to incite.
If telling the truth has no value, as we are being led to believe, the US Nation is in serious trouble, and we will need more than a “scrupulous leader” to turn this boat around.
*Note: Judge Merchan is overseeing Trump’s New York state election interference porn-star, hush-money case. The crime is falsifying business records, including to cover-up his affair in October 2016 by paying porn star not to divulge the relationship occuring just one month prior to the 2016 election. There are 34 indictments charged and they are all felonies. The crime includes tax deductible payments to porn star as “legal” expenses.
With the aid of deceptive media, can there be any doubt that a masquerading profiteer would amass converts at a record pace?
The Art of Deception
Those well-versed in the art of deception, are able to exert power and control over the targets, sometimes in almost imperceptible ways - but in the political realm we see it happening before us, in real time, and in plain sight. No matter who is the profiteer or manipulators, the strategy of the con is the same. Subjecting targets to unrelenting influence, bad-mouthing and maligning, spreading discontent, and most of all - spreading lies and misinformation. It is not by chance these purveyors of untruths and “alternate facts,” stoke the flames of discontent, creating an unmitigated hostile environment - one that we saw launched before our eyes when the Capitol was raided by his followers in an attempted coup. But as usual, those responsible for the carnage, the injuries and damage to the seat of our government, blame those on the outside - outside their sphere of influence.
This feat of having droves of people ascent upon the Capitol on January 6 was not by chance, it was accomplished by assessing their marks, using undue and unremitting influence to call them to task - stoking the fears of the electorate, coopting their targets - rendering them unable to resist.
As stated previously, the American Bar Association, identifies four factors that must all be present, to prove undue influence is in play:
Vulnerability of the victim;
Influencer's authority;
Overt tactics;
Inequitable results.
How Does Purposeful Misinformation Compare to Cult-Like Behavior?
Cult-like behavior at its core, is based on mind control and misrepresentation. The intended purpose and effect is to manipulate members to align their thoughts and beliefs to that of the leader. This alignment of minds serves two main purposes: enrichment of the leader and perpetuation of the sect. Most noteworthy, the victim/inductees’ behavior is modulated through process of repeat affirmations that are devised by the cult leader and his hierarchy of followers. Like the financial profiteers in the legal world of estate law, business, and politics - the cult world thrives upon manipulation, feigned benefit, combined with fear of abandonment if they fail to comport, and tales of ostracism by outsiders if they should leave or escape the confines and protections of the group.
In cults, cooperation is exacted by bombarding members with untruths, keeping the victim/convert isolated from the outside world - so that the seeds of manipulation and misinformation, can never be contradicted. As we all know, cults never have any individual member/victim’s best interests in mind. The whole idea is building confidence and isolating the intended victim to exact the intended benefit for those in charge. This doesn’t seem all that different from the political world.
Undue influence, manipulation, and deceit go hand in hand. The technique is routinely used by unscrupulous family members to exploit the elderly or vulnerable to the detriment of others; it is used by profit-driven CEO’s when they knowingly send dangerously defective products to market that could injure or kill - yet they stand ready to influence the public with assertions their products are safe; and unscrupulous politicians and their Political Action Committee’s (PAC’s), grifting for donations with false promises and lies. All these unscrupulous purveyors of falsehoods, peddle their influence under the guise of care and concern for our nation and our neighbors - when in fact they are looking to exclusively benefit themselves, their bottom-line, their megadonors and their party.
Worlds Collide
Sometimes these worlds seem separate and distinct - that of the estate manipulator, unethical businessman, egotistical politician, and the charismatic cult leader - yet the tactics and motivations are relatively the same. To get people to unwittingly buy or act as they are told. So how we must ask the hard question: How does our nation differ from a dictatorship, when the thoughts and beliefs we internalize, are not our own?
As we’ve heard with relentless repetition, cult leaders exact compliance with some promised assurance of everlasting life, or spiritual transcendence; we’ve heard the businessman who looks to his bottom-line, yet giving public assurances his product is safe when lawsuits pile up from people who have been killed; where politicians don’t seem to mind when their words and their rallies stoke violence and fear, leaving police maimed or dead in their wake.
Undue influence is a zero-sum game; it is used to prey upon the vulnerable, trusting, and impressionable souls, the purpose of which is to extract benefit with nothing tangible in return. Unscrupulous family members, businessmen, cult leaders and politicians are no different than than each other. They all look to covet - your time and your treasure - but now that includes our democracy. Is it really all up for grabs?
Recognizing the Con is a Step in Moving Forward
I am writing this as a warning, about the purpose and effect of “undue influence” - for people to recognize the warning signs, the manipulations that are currently taking place. Undue influence is real, it happens all the time, in all genres of society. It’s call to action is to give money, support for a feigned causes or grievances - whatever it is, is has one purpose in mind. To fleece unsuspecting souls - it is not to benefit those they seek to draw to their side.
If you know someone who is under the “influence” - whether familial, political, cult or sect, ask yourself the questions bulleted above. If you determine the answers to be “yes,” it is time for an intervention. Many people as they age, are susceptible to undue influence - but today’s political world transcends age, it is tribal - just like a cult. If you suspect your loved one is under the influence of an unscrupulous conman, family member or sect - you need to find a qualified medical professional to address your concerns. Or in the case of a recalcitrant supporter of the most notorious president in modern history, you may need to find a qualified deprogrammer, in a city or town near you.
Copyright 2024, Mary Kay Elloian, Esq.
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