As with the unsigned memo from Supt. Kauffman, any attorney with knowledge of fraud would have advised Capt Kinney not to sign the document. Everyone in the process at the Academy had to have understood that they were covering up a crime and to take appropriate defensive action.

Capt Kinney Unsigned Memo (Commandant)

The unsigned memo (PDF file) from the Commandant, Capt Kinney, was consistent with the unsigned memo from Supt Kauffman with the same misrepresentations and the same errors.

As with the unsigned memo from Supt. Kauffman, any attorney with knowledge of fraud would have advised Capt Kinney not to sign the document, assuming that Capt Kinney even saw the documents given that Supt Kauffman had preempted the process.

Also noted, Capt Kinney had signed the latest copy of the midshipman's honor code (see honor system) just 3 months before he violated the document that he had signed.