Posted on 03/16/2008 2:30:48 AM PDT by 2ndDivisionVet
The federal criminal investigation that has led to Eliot Spitzer's resignation as governor of New York illustrates the great dangers all Americans face from vague and open-ended sex and money-transaction statutes.
Federal law, if read broadly, criminalizes virtually all sexual encounters for which something of value has been given. Federal money-laundering statutes criminalize many entirely legitimate and conventional banking transactions. Congress enacted these laws to give federal prosecutors wide discretion in deciding which "bad guys" to go after.
Generally, wise and intelligent prosecutors use their discretion properly -- to target organized crime, terrorism, financial predation, exploitation of children and the like. But the very existence of these selectively enforced statutes poses grave dangers of abuse. They lie around like loaded guns waiting to be used against the enemies of politically motivated investigators, prosecutors and politicians.
There is no hard evidence that Eliot Spitzer was targeted for investigation, but the story of how he was caught does not ring entirely true to many experienced former prosecutors and current criminal lawyers. The New York Times reported that the revelations began with a routine tax inquiry by revenue agents "conducting a routine examination of suspicious financial transactions reported to them by banks." This investigation allegedly found "several unusual movements of cash involving the Governor of New York." But the movement of the amounts of cash required to pay prostitutes, even high-priced prostitutes over a long period of time, does not commonly generate a full-scale investigation.
We are talking about thousands, not millions, of dollars. We are also talking about a man who is a multimillionaire with numerous investments and purchases. The idea that federal investigators would focus on a few transactions to corporations -- that were not themselves under investigation -- raises as many questions as answers.
(Excerpt) Read more at online.wsj.com ...
The irony was documented by the same paper's editorial page the other day. Spitzer used similar tactics on companies and one can say - turnabout is fair play. Then he tried to frame a Republican Senate leader.
It was Spitzer and his tactics that we need to get rid of .....where was Alan when the businessmen needed help?
Security at what price.
End of story. STFU Dershovits.
>I say Good Riddance
The irony was documented by the same paper’s editorial page the other day. Spitzer used similar tactics on companies and one can say - turnabout is fair play. Then he tried to frame a Republican Senate leader.
It was Spitzer and his tactics that we need to get rid of .....where was Alan when the businessmen needed help?<<
Yeah... if it turns out there were abuses... can we fix them in a different case? Spitzer was abusive of his power and filled with hubris and deserved a downfall.
Hey... If you live by the sword, occasionally you’ll die by the sword. Spitzer’s bread and butter was busting people just like himself, and using the same methods available to the investigators who nabbed him. But they really haven’t nabbed him yet, because he’s been charged with nothing so far and he may never be charged with any crime.
There were several numbered clients associated with the escort firm, and it is the escort firm that was targeted more so than the clients. There are however, laws against the enabling and solicitation of prostitution on the books in several states including New York.
Mr. Spitzer at the very least, broke those laws and if he isn’t charged with any crime, it will the Prosecutors that he will have to thank for it.
Stupidity brought the man down and Dershowitz is in denial. He refuses to accept that a man who he tutored and who he thought was an intelligent political animal destined to greatness, turned out to be a complete boob when it came to the trait that all real good politicians posses.
Discretion.
Obviously, somebody forgot to teach him that when he was at Harvard.
In my day a girl like "Kristen" was worth 1/2 bottle of "Captain Morgan's" and a promise of a trip to "White Castles" (that I'd blow off) afterwards.
What's the statute of limitations here? ; )
Eliot Spitzer “dusted off” the 1921 Martin Act to go after anyone on Wall Street who opposed him. Up until Spitzer became AG the Martin Act was interpreted very narrowly to apply to shady high-pressure boiler room operations and seriously fraudulent stock scams.
Now, if you go onto Andrew Cuomo’s website you’ll see that he claims the Martin Act gives the New York State AG “sweeping authority” to investigate any securities bought or sold in New York and seek severe criminal and civil penalties.
Any complaints about “dusting off” the Mann Act?
Tough!!!
These are the same, exact tactics Eliot Spitzer used to bring down and destroy the lives of many, many other people.
Pay backs are hell.
By this reading, then, is an engagement diamond simply a bulk lease?
Years ago, the "Know your Customer" law was attempted. People screamed. Then, it became Anti-terrorism (Drug/Money Laundering/whatever) and it was OK.
Dershowitz is an Idiot.
Prostitution is illegal and illegitimate.
dershitwitz....you can’t entrap someone over 10 years
dershitwitz....you can’t entrap someone over 10 years
Unless he's being paid by Spitzer, Dershowitz, as an officer of the court, should be happy that a former prosecutor known for abusive tactics that cost people money and jobs without a shred of evidence, got caught breaking the law in such a hypocritical way.
What "chutzpah" by Dershowitz.
This is all political, and New York politics has always been like a knife fight in a phone booth. Spitzer had grown to believe he was invulnerable. What did Gomer Pyle always say? “Surprise, surprise, surprise!” Next story, please.
Not only is Spitzer a personal friend of Dershowitz, he was his chief researcher in the Claus Von Bulow case.
Dershowitz is a brilliant man, but lacks wisdom. No on "entrapped" Eliot - and Dershowitz knows it.
Truth is, there isn't a need to charge him with anything now. He's been convicted in the court of public opinion already, which is exactly where he's been fighting his unethical battles these past years.
Spitzer raised suspicion by asking the bank to take his name off the transactions.
She still is but in these days of a bad economy, Americans have more money than brains.
No question about it. In fact, the bank was probably internally questioning long before he asked. Structuring transactions to avoid cash transactions from being reviewed gets those type of transactions looked into even further.
Gee, out of the woodwork come these cockroaches like Dershowitz. Who would have thought? He and his ilk have ruined law, society, and morality. Now he complains?
My reading of this is that spitzer went after the wrong persons and they exacted revenge. There’s power out there we are not aware of.
I'm not one to go shopping much, practically not at all except occasionally for clothing, so I had no idea about what Americans spend their money on in the malls. After going shopping with my wife over the last couple of weeks, I am APPALLED at the TRASH that people buy, probably on credit.
One of the ones that strikes me the most odd (apologies in advance to all of you who like this stuff) is Swarovsky crystal. To me, that stuff just screams "trailer park just hit the lotto". Again, sorry if you like it and I'm wrong.
Sonny says there will be snow followed by drizzle...snizzle. Spitzer says there will be hoes followed by jail...hail.
Meaning they don't usually go after rich white guys.
Yes of course spitzer was “forced” to demand a bareback ride with his whore. How foolish of me to forget that. Thank you Alan.
And as far as Spitzer goes...live by the sword, etc.
“There was no hard evidence....” Yeah - she took care of THAT! LOL.
We're talking about the Governor of New York, not Joe Schmoe from Kokomo. Of course he would have a higher level of scrutiny.
This is why he wanted to resign as soon as the story broke. He never showed mercy so he knew he would receive none.
I think Spitzer deserved it but Alan’s comments are correct.
Let’s let Spitzer’s hypocrisy stand but also recognize that the statutes need to change.
This allows me to plug an excellent movie, Reversal of Fortune, about the case. Dershowitz is brilliantly played by the estimable Ron Silver. I need to see it again to see if Spitzer's character is in it.
I used to do anti-money laundering. There is a rules engine that alerts based upon any number of factors. I am unsure of what triggered this alert but a lot of cash moving across several accounts would probably be a trigger. Once you flag, it moves to the next level, and then the next level, etc.
He got snagged by laws that were not designed to snag him. Alan is right in this case and it should have been discretionary.
All in all, I guess I have to accept the fact that I may be just too old to appreciate youthful indulgence anymore. As a retiree, give me a fifteen year old pickup truck and a fifty year old Ford tractor (paid for in cash) and shopping malls offer me little of interest.
Right on bro. I simply am incapable of “shopping”. However my own Ford is only 47 years old. But my Farmall is 59.
Agree or disagree about the prostitution charges, but once again the media is ignoring all the other Federal crimes Spitzer is accused of. Money laundering is illegal and will get you Federal scrutiny everytime. The whores trip from NY to DC violated the Mann Act, and using the US mail in the commission of a crime is still a felony.
A 59-year old Farmall? A Super A, H, or an M perhaps?
Client #9 was not at all vague, but Kristin could be described as open-ended...
How do you know??? We have NO idea of what's involved yet?
Just HOW did he happen to hook up with THIS club?? Could it be that Mark Brener is a FRIEND?? Brener does TAXES for the IRS, I think. Something is not seen yet and IMHO it's way more than SEX.
Any person who's friend is Alan Dershowitz is a pathetic one. Alan has no discernment and said he would have defended HITLER!!! YUK..
AMEN!! And he also went to the POST OFFICE to buy MONEY ORDERS!!! What an IDIOT! Eliot the IDIOT!
Leftists like Dershowitz are sociopathic America-hating, anti-capitalistic hypocrites who live like rich capitalists in the country that's afforded them so much.
Leni
hahahhhhaaaa. hE IS no LIBERTARIAN. His lefty friend got caught with his pants down. He is making more of a fool of himself than usual.
49 B, tore down for rebuild right now. Also got an early 50’s Super C that I use for mowing, haven’t dug deep enough to figure out the year yet. And a 51 SC Case identical to the one that I grew up riding.
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