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Prostitution & Federal Criminal Law (Governor Spitzer )
http://corner.nationalreview.com/post/?q=MTMyN2NiZTBmY2QxMTk4ZmViYzFhNzljMTRkNzZlZWQ= ^ | Andy McCarthy

Posted on 03/11/2008 11:45:02 AM PDT by ventanax5

I have been bugged out with the flu, and as a result I've seen a lot of the commentary — including, of course, "expert" commentary, which has been something less than expert.

The general approach of the federal law to prostitution mimics its approach to gambling. They are activities that tend to generate big profits for organized crime syndicates, which profits not only enrich the racketeers but underwrite their various other rackets, including loan-sharking, narcotics trafficking, murder-for-hire, etc.

In Governor Spitzer's case, moreover, it's worth remembering the Nevada senator character in Godfather II who is blackmailed into doing the Corleones' bidding on Capitol Hill. That vignette involved a murder frame-up in a brothel, but the extortion scheme was realistic because the senator had patronized a prostitution business run by the mafia. (A similar issue arose with President Clinton's phone-sex on non-secure phones with Monica Lewisky — which was not a "private matter" because it raised the specter of a U.S. president's leaving himself vulnerable to blackmail by any foreign intelligence service that managed to tap the phone.)

(Excerpt) Read more at corner.nationalreview.com ...


TOPICS: Culture/Society; Government; News/Current Events; War on Terror
KEYWORDS: client9; crook; dumbass; hookah; hooker; hypocrite; prostitution; spitzer; spitzerhooker; spitzmas

1 posted on 03/11/2008 11:45:02 AM PDT by ventanax5
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To: ventanax5
Maybe Spitz can be roommates with Michael Vick...
2 posted on 03/11/2008 11:46:01 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: ventanax5

3 posted on 03/11/2008 11:48:01 AM PDT by TornadoAlley3 (Everytime McCain reaches out to conservatives, conservatives get poked in the eye.)
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To: ventanax5

I’m not defending Spitzer but can someone explain to me how transferring $15K between your personal, private bank accounts consitutes activity that rises to the level of the bank reporting it to the IRS and a judge ordering a wiretap? I mean, shouldn’t there be millions of reports submitted to the IRS daily based on this criteria? And then millions of wiretaps? Pretty soon half the population will be employed by the FBI listening into wiretaps of the other half.

http://www.wnbc.com/politics/15562646/detail.html

Spitzer allegedly used the escort service for at least six months and paid more than $15,000 for numerous meetings, a source familiar with the case told WNBC.com.

The case started when banks noticed the frequent cash transfers from several accounts and filed suspicious activity reports with the Internal Revenue Service, a law enforcement official told The Associated Press Tuesday. The accounts were traced back to Spitzer, prompting public corruption investigators to open an inquiry.


4 posted on 03/11/2008 11:49:10 AM PDT by TrebleRebel
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To: ventanax5
No one is ever prosecuted for being a john. But sending a large of cash to aid and abet a crime - or to conceal one - will definitely bring you into the notice of prosecutors.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

5 posted on 03/11/2008 11:50:13 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: TrebleRebel

If he had kept it under 10K, probably wouldn’t have raised any red flags.


6 posted on 03/11/2008 11:52:07 AM PDT by tsmith130
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To: TrebleRebel

Frequent cash transfers from several accounts.

Money laundering suspicions, that’s what. Even securities brokers and insurance agents are trained to watch for such activity and obligated to report suspicions immediately.

It’s a sign of the times.


7 posted on 03/11/2008 11:53:11 AM PDT by A_Former_Democrat
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To: tsmith130
No. That would be "structuring" - itself a crime, if you have knowledge any funds you sent are going to be used to commit or further a crime.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

8 posted on 03/11/2008 11:55:55 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop

Your assertion about not being prosecuted for being a prostitute’s client is not correct. Law enforcement conducts stings to catch clients. Often the stings are at the street level but sometimes at the level of escort services and massage parlors. If LE has credible evidence of paying for sex, you will be prosecuted.


9 posted on 03/11/2008 11:57:58 AM PDT by businessprofessor
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To: tsmith130

Try depositing $5000.00 into your bank account nowadays, let me know what you experience.


10 posted on 03/11/2008 11:58:22 AM PDT by pennboricua
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To: TrebleRebel
"... I’m not defending Spitzer but can someone explain to me how transferring $15K between your personal, private bank accounts consitutes activity that rises to the level of the bank reporting it to the IRS and a judge ordering a wiretap? I mean, shouldn’t there be millions of reports submitted to the IRS daily based on this criteria?"

Banks have established criteria for reporting these transactions to the Feds.

The Feds get interested when they see payments being made to organized crime rings they've got their eye on.

Does that make sense?

11 posted on 03/11/2008 11:58:29 AM PDT by The KG9 Kid
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To: All

Gee I’m sure that if the coin were flipped, Spitzer would have been very tolerant of someone else doing this in NY when he was AG? NOT


12 posted on 03/11/2008 11:59:06 AM PDT by Sleeping Freeper
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To: ventanax5
My understanding is these laws are generally enforced against pimps and traffickers or against johns if a minor is involved, but generally not against other johns.

IMHO, these statutes should not be used to convert a $500 state misdemeanor into a $5000 and five years federal felony.

OTOH, Elliott is such a hypocritical, holier-than-thou jerk, having prosecuted prostitution crimes himself, that I really don't care what the feds throw at him.

13 posted on 03/11/2008 11:59:32 AM PDT by colorado tanker
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To: The KG9 Kid
Yes and to terrorist groups. That's where a large sum of money would go.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

14 posted on 03/11/2008 12:00:20 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: colorado tanker
Its one thing if he consorted with a prostitute. I meant to say johns are never prosecuted for that. But if you offer a large amount of money for sex, that definitely gets prosecuted. Spitzer knew what the law was but he didn't care. He broke his oath to see the laws were faithfully executed. That is grounds for impeachment - not sex with any prostitutes he may have frequented.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

15 posted on 03/11/2008 12:03:14 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: goldstategop

Mr. Spitzer himself has prosecuted people for being johns, hasn’t he?


16 posted on 03/11/2008 12:06:19 PM PDT by WayneS (Respect the 2nd Amendment; Repeal the 16th)
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To: pennboricua

I deposited $12,000 into my savings account 1 1/2 months ago. Sale of stocks. I have not been contacted by anyone. Yet.


17 posted on 03/11/2008 12:06:35 PM PDT by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: businessprofessor

My understanding is that in CA it is big deal to be caught as a “John”. They will impound and probably sell your vehicle, if it is involved, and the fines and charges are quite serious.


18 posted on 03/11/2008 12:08:06 PM PDT by Wiseghy ("You want to break this army? Then break your word to it.")
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To: WayneS
Yep. Can you spell H-Y-P-O-C-R-I-T-E?

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

19 posted on 03/11/2008 12:08:13 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Wiseghy
It happens to the little guy chasing street walkers. Rich and powerful men know where to go for sex. And they don't do it where there might be vice cops around. If its hard on Average John in California, it should be much harder on Governor Spitzer in New York. If our society believes prostitution is wrong, than it stands to reason all should be equal before the law - another American value. Throw the book at Spitzer.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

20 posted on 03/11/2008 12:11:24 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Wiseghy

It’s still a big deal in Kaleefornia to be caught as a John. Recently though, the CA Supremes ruled that the police could not seize the vehicle and sell it.


21 posted on 03/11/2008 12:12:21 PM PDT by Enterprise ((Those who "betray us" also "Betray U.S." They're called DEMOCRATS!))
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To: pennboricua

I’ve deposited much more and have never had a single question or delay.

$10,000 is the federal target for bank reporting, IIRC.
But the feds rarely act on transactions for Joe Sixpack.


22 posted on 03/11/2008 12:14:39 PM PDT by SJSAMPLE
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To: goldstategop
What if he was "structuring" not to evade legal reporting requirements, but to keep his wife from knowing???

I agree if he doesn't resign, he should be impeached.

23 posted on 03/11/2008 12:15:55 PM PDT by colorado tanker
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To: tsmith130
If he had kept it under 10K, probably wouldn’t have raised any red flags.

He did keep it under $10K.

Bank systems raise red flags on unusual deposit activity - like 10 deposits of $9,999 into different accounts in one week followed by a deposit of $10, and the subsequent consolidation of thiose funds into one account, etc.

24 posted on 03/11/2008 12:16:40 PM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: WayneS

I guess it’s possible that he prosecuted the customers, but I get the impression that his career has been involving much higher targets.


25 posted on 03/11/2008 12:16:41 PM PDT by Enterprise ((Those who "betray us" also "Betray U.S." They're called DEMOCRATS!))
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To: colorado tanker
"... IMHO, these statutes should not be used to convert a $500 state misdemeanor into a $5000 and five years federal felony."

How many degrees of separation do you think there would likely be between this particular international prostitution ring run by an Israeli national and a Ecstasy/MDMA pill trafficking ring, or perhaps even human slavery trafficking in women from Eastern Europe?

What else might there be that the FBI knows about this case that you and Elliot Spitzer don't know?

26 posted on 03/11/2008 12:19:47 PM PDT by The KG9 Kid
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To: Enterprise
Yeah here is a man who ruined other people's lives and finds his own ruined now. There's the old saying: what goes around, comes around. Right back at ol' Spitzer.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

27 posted on 03/11/2008 12:20:08 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Dr. Bogus Pachysandra

I’ve had a couple of larger transactions recently, but I knew, as did my credit union, that the money was legitimate and there were no hidden purposes for it.


28 posted on 03/11/2008 12:20:12 PM PDT by Enterprise ((Those who "betray us" also "Betray U.S." They're called DEMOCRATS!))
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To: SJSAMPLE

The reporting requirements are only for cash transactions. They don’t care about checks since that money is already in the system.


29 posted on 03/11/2008 12:21:56 PM PDT by swordfish
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To: The KG9 Kid
What else might there be that the FBI knows about this case that you and Elliot Spitzer don't know?

I don't know what you're getting at. The reports say this investigation was started because of bank reports of suspicious activity in his accounts. He wasn't being comp'd by the agency, he was paying cash. I don't see the importance of an Israeli being involved.

30 posted on 03/11/2008 12:25:12 PM PDT by colorado tanker
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To: SJSAMPLE

Maybe it is the bank I am dealing with but deposits of that amount and more have a seven day hold on them even though checks are from reliable sources and with matching funds available.


31 posted on 03/11/2008 12:25:28 PM PDT by pennboricua
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To: pennboricua

Several months someone bought my pickup. He paid me over 9,000 dollars for it. I deposited it in my credit union and I immediately got a check for the payout, from the same credit union, and mailed it off. I do not expect that I will ever be asked about it.


32 posted on 03/11/2008 12:27:05 PM PDT by Enterprise ((Those who "betray us" also "Betray U.S." They're called DEMOCRATS!))
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To: ventanax5

The Mann Act? aka White Slave Act.

Transporting a woman across State lines for prostitution.

Ok, in this case she transported herself, for $4000.


33 posted on 03/11/2008 12:27:28 PM PDT by Vinnie (You're Nobody 'Til Somebody Jihads You)
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To: ventanax5
Totally silly. Money laundering is when you take money that represents the profits from a crime and try and make them look like profits from a regular business ... or at least it should be.

Trying to hide the fact that money will be used for a crime shouldn't be considered money laundering. Especially if it is just one John wiring money ahead for hookers.

This is another case where the law is being over-interpreted and incorrectly interpreted so as to give prosecutors more ways to mess with the public.

And we will all stand idly by because this time they caught a true scumbag and I guess the end justifies the means.

34 posted on 03/11/2008 12:28:01 PM PDT by who_would_fardels_bear
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To: Dr. Bogus Pachysandra

There is nothing illegal in depositing or withdrawing more than $10,000. The bank reports the transactions.

It is illegal to structure your deposits or withdrawls to avoid federal reporting limits.

You would have been in trouble if you had deposited $5k at 10:30am, returned at noon and deposited $2k, then gone to another teller at 2:15pm to deposit the remainder.


35 posted on 03/11/2008 12:29:14 PM PDT by MediaMole
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To: goldstategop

He used his authority unjustly. Karma bit him in the butt big time.


36 posted on 03/11/2008 12:29:39 PM PDT by Enterprise ((Those who "betray us" also "Betray U.S." They're called DEMOCRATS!))
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To: TrebleRebel

This is just another reason to get rid of the IRS. I don’t give a rats ass who you are, if it’s your money you should be able to spend it any way you want to without some rogue agency watching your every move. Hookers or not!


37 posted on 03/11/2008 12:31:56 PM PDT by unixfox (The 13th Amendment Abolished Slavery, The 16th Amendment Reinstated It !)
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To: SJSAMPLE

$10,000 is no longer the threshold of suspicion.
Any pattern of 3 or more transactions over $3000 is the new threshold.
Which is getting ridiculous, I’ve seen people who swing money between accounts each month for their company’s health insurance premiums get flagged.
As of March 1st 2008 all insurance agents in the US have (or should have) been trained to inform their clients and perspective customers about this. Federal rules through an updated money laundering law.


38 posted on 03/11/2008 12:41:19 PM PDT by JerseyHighlander
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To: MediaMole

“There is nothing illegal in depositing or withdrawing more than $10,000. The bank reports the transactions.”

OK - then the IRS investigates EVERY transaction over $10K - is that what you’re saying? How many transactions over $10K do you suppose are made every day?

If I transfer $10K of my money from cheacking to savings - or from checking to a brokers account - does that mean I automatically get investigated?

This makes no sense. The sum of money Spitzer was dealing with is trivial - $15K. Nobody gets investigated for that with wiretaps.


39 posted on 03/11/2008 12:46:12 PM PDT by TrebleRebel
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To: TrebleRebel
I’m not defending Spitzer but can someone explain to me how transferring $15K between your personal, private bank accounts consitutes activity that rises to the level of the bank reporting it to the IRS and a judge ordering a wiretap?

Exactly!

And the "crime" he committed was having the hooker take a train. How absurd!

(But Spitzer is a scumbag and should be shamed from office.)

ML/NJ

40 posted on 03/11/2008 12:47:00 PM PDT by ml/nj
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To: colorado tanker
Israeli nationals seem to be the primary drug traffickers of MDMA into the New York area. Also, prostitution rings in that part of the country have also typically been tied up with MDMA trafficking and white slavery from Eastern Europe.

When I first learned that the man who ran the prostitution ring under surveillance from the FBI was Israeli, I immediately thought 'Oh, that's how the FBI is involved here. It's all about international Ecstasy/MDMA trafficking'.

All you know right now is that for some reason the Governor of New York has admitted being tied up in this mess. What you don't know is what the FBI has been monitoring since 2006.

Some references here:

Ha'artz News: "According to a report issued in 2003 by the U.S. State Department, Israel is at the center of international trafficking in Ecstasy"

A joint Customs and Australian Federal Police (AFP) operation has led to the arrest of an Israeli national on the NSW mid-north coast yesterday and the seizure of 113kgs of MDMA (ecstasy) powder in Sydney.

DEA: ISRAELI MDMA TRAFFICKERS EXTRADITED TO SOUTH FLORIDA

Just Google 'MDMA Israel' and the hits just keep on coming. Israel practically makes the entire world's supply of MDMA anymore.

In most cases I've seen, MDMA trafficking is usually tied to prostitution rings. That's how the drug is marketed at nightclubs, dance halls, hotel bars, and metro area concert venues. MDMA is a 'sex drug' that isn't marketed in the traditional manner of other street drugs like heroin and crack cocaine by inner city youths standing on street corners hawking to passing cars. It's a club scene drug merchandised by pimps like Heidi Fleiss catering in drugs and high class call girls to the elite set.

If Elliot Spitzer's favorite Israeli pimp isn't tied up in MDMA trafficking, or is one degree away from it, he'd have to be the only one who isn't.

MDMA leaves the blood system too fast, but I have suspicions that at some point in the past after his sexual frolics with call girls over at least the last six years, Elliot Spitzer might have pissed dirty for Ecstasy/MDMA.

This story has got to be dirtier than whatever facts we think we know now.

41 posted on 03/11/2008 12:49:00 PM PDT by The KG9 Kid
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To: swordfish

I’ve deposited more than $10,000 in cash, as well.
No problems.


42 posted on 03/11/2008 1:07:43 PM PDT by SJSAMPLE
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To: JerseyHighlander

Wow.
getting worse.

All in the WO(S)D.

How’s that going, by the way?

;)


43 posted on 03/11/2008 1:08:48 PM PDT by SJSAMPLE
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To: Dr. Bogus Pachysandra
I deposited $12,000 into my savings account 1 1/2 months ago. Sale of stocks. I have not been contacted by anyone. Yet.

I expect that a computer somewhere matched up your deposit with your stock sale, and the transaction was flagged as not suspicious. If you pay the taxes on your stock sale, the IRS won't be contacting you either.

44 posted on 03/11/2008 1:28:31 PM PDT by 3niner (War is one game where the home team always loses.)
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To: The KG9 Kid

Almost no chance this prostitution ring was connected directly to the ecstasy trade. This prostitution ring was getting skimmed by the NY City Gambinos from what has been rumored.


45 posted on 03/11/2008 1:59:31 PM PDT by JerseyHighlander
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To: JerseyHighlander
I suppose we won't know the depth of the investigation until more comes out, but McCarthy notes in this article:

'...The general approach of the federal law to prostitution mimics its approach to gambling. They are activities that tend to generate big profits for organized crime syndicates, which profits not only enrich the racketeers but underwrite their various other rackets, including loan-sharking, narcotics trafficking, murder-for-hire, etc.'

I don't know if this place has a connection to the Gambinos, but I'm sure that it's several levels dirtier than just a high class call girl ring. That's why it's not a 'victimless crime' like a lot of Spitzer's supporters seem to be floating to the public. It's why Spitzer should resign.

If Spitzer wanted prostitutes, he should have come out where I live so at least his supporters could say that what he did was legal.

46 posted on 03/11/2008 2:57:08 PM PDT by The KG9 Kid
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