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The Entrapment of Eliot
The Wall Street Journal ^ | March 13, 2008 | Alan Dershowitz

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government; News/Current Events; Politics/Elections; US: New York
KEYWORDS: 2008; adultery; corruption; democraticparty; democratparty; democrats; dershowitz; eliotspitzer; emperorsclub; federalagents; police; privacy; prosecution; prostitution; scandal; sex; sleaze; spitzer; spitzmas; tawdry; wiretaps
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From a libertarian viewpoint, I can see Mr. Dershowitz's point. Has anyone heard if the rumors of mob money to pay for the hookers has been substantiated?
1 posted on 03/16/2008 2:30:49 AM PDT by 2ndDivisionVet
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To: 2ndDivisionVet
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?

2 posted on 03/16/2008 2:37:03 AM PDT by The Raven
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To: 2ndDivisionVet

Security at what price.


3 posted on 03/16/2008 2:48:12 AM PDT by YCTHouston
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To: 2ndDivisionVet
There is no hard evidence that Eliot Spitzer was targeted for investigation

End of story. STFU Dershovits.

4 posted on 03/16/2008 2:49:29 AM PDT by RoadKingSE (How do you know that the light at the end of the tunnel isn't a muzzle flash?)
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To: The Raven

>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.


5 posted on 03/16/2008 2:54:20 AM PDT by gondramB (Preach the Gospel at all times, and when necessary, use words.)
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To: 2ndDivisionVet

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.


6 posted on 03/16/2008 2:58:35 AM PDT by jerod (They were pro-abortion, for gun control & wanted a cleaner environment at all cost - The NAZI party)
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To: 2ndDivisionVet
I thought this was about Sonny. None SE Michiganders wouldn't understand.

7 posted on 03/16/2008 2:59:49 AM PDT by Westlander (Unleash the Neutron Bomb)
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To: 2ndDivisionVet
Federal law, if read broadly, criminalizes virtually all sexual encounters for which something of value has been given.

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? ; )

8 posted on 03/16/2008 3:14:43 AM PDT by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: 2ndDivisionVet

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!!!


9 posted on 03/16/2008 3:21:32 AM PDT by joeystoy
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To: 2ndDivisionVet
Image Hosted by ImageShack.us
10 posted on 03/16/2008 3:21:49 AM PDT by mkjessup (This year's presidential choices: "Speak No Evil, See No Evil, and Evil")
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To: 2ndDivisionVet

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.


11 posted on 03/16/2008 3:28:10 AM PDT by no dems (Barack Obama's Pastor is nuttier than a squirrel turd.)
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To: 2ndDivisionVet
Federal law, if read broadly, criminalizes virtually all sexual encounters for which something of value has been given.

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.

12 posted on 03/16/2008 3:29:02 AM PDT by Gorzaloon
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To: 2ndDivisionVet

Dershowitz is an Idiot.


13 posted on 03/16/2008 3:33:38 AM PDT by chatham
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To: 2ndDivisionVet
Federal money-laundering statutes criminalize many entirely legitimate and conventional banking transactions.

Prostitution is illegal and illegitimate.

14 posted on 03/16/2008 3:34:50 AM PDT by Mojave
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To: 2ndDivisionVet

dershitwitz....you can’t entrap someone over 10 years


15 posted on 03/16/2008 3:39:30 AM PDT by The Wizard (DemonRATS: enemies of America)
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To: 2ndDivisionVet

dershitwitz....you can’t entrap someone over 10 years


16 posted on 03/16/2008 3:39:37 AM PDT by The Wizard (DemonRATS: enemies of America)
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To: jerod
I was shocked that the WSJ was defending Spitzer. Until I saw it was Dershowitz.

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.

17 posted on 03/16/2008 3:40:47 AM PDT by Calvin Locke
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To: 2ndDivisionVet

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.


18 posted on 03/16/2008 3:59:15 AM PDT by tgusa (Gun control: deep breath, sight alignment, squeeze the trigger .....)
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To: 2ndDivisionVet

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.

19 posted on 03/16/2008 4:06:55 AM PDT by SkyPilot
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To: 2ndDivisionVet
Well, if Spitzer has been charged for breaking the law, then I'd say that Mr. Dershowitz might have something to say (whether right or wrong). Since I've not heard whether dipstick has been charged, it's just noise to me.

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.

20 posted on 03/16/2008 4:10:34 AM PDT by Gaffer
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To: 2ndDivisionVet

Spitzer raised suspicion by asking the bank to take his name off the transactions.


21 posted on 03/16/2008 4:15:48 AM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: Caipirabob
>>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.<<

She still is but in these days of a bad economy, Americans have more money than brains.

22 posted on 03/16/2008 4:33:27 AM PDT by Muleteam1
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To: Moonman62
Spitzer raised suspicion by asking the bank to take his name off the transactions.

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.

23 posted on 03/16/2008 4:35:46 AM PDT by sirchtruth (No one has the RIGHT not to be offended...)
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To: SkyPilot

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?


24 posted on 03/16/2008 4:40:28 AM PDT by GregoryFul
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To: 2ndDivisionVet

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.


25 posted on 03/16/2008 4:42:49 AM PDT by sergeantdave (Governments hate armed citizens more than armed criminals)
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To: Muleteam1
Americans have more money than brains

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.

26 posted on 03/16/2008 5:04:47 AM PDT by Hardastarboard (DemocraticUnderground.com is an internet hate site.)
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To: jerod
Amen. Spitzer made his own bed, slept in it, and got caught with his pants down. After a horrific stint as “Governor” with an arrogance larger than that of any recent holder of the office, trying to rid himself of competition, his “indiscretions” led him to ruin. Seeyabye.
27 posted on 03/16/2008 5:06:51 AM PDT by Shady (The Fairness Doctrine is ANYTHING but fair!!!!)
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Comment #28 Removed by Moderator

To: Westlander

Sonny says there will be snow followed by drizzle...snizzle. Spitzer says there will be hoes followed by jail...hail.


29 posted on 03/16/2008 5:16:25 AM PDT by frankjr
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To: 2ndDivisionVet
Generally, wise and intelligent prosecutors use their discretion properly --

Meaning they don't usually go after rich white guys.

30 posted on 03/16/2008 5:18:32 AM PDT by Wolfie
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To: 2ndDivisionVet

Yes of course spitzer was “forced” to demand a bareback ride with his whore. How foolish of me to forget that. Thank you Alan.


31 posted on 03/16/2008 5:31:03 AM PDT by jmaroneps37 (Conservatives live in the truth. Liberals live in lies.)
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To: 2ndDivisionVet
I agree with Dershowitz. That said, I'd like to see his similar articles regarding Spitzer's own abuse of power. Hypocrite.

And as far as Spitzer goes...live by the sword, etc.

32 posted on 03/16/2008 5:35:37 AM PDT by NittanyLion
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To: 2ndDivisionVet

“There was no hard evidence....” Yeah - she took care of THAT! LOL.


33 posted on 03/16/2008 5:55:28 AM PDT by 2harddrive (...House a TOTAL Loss.....)
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To: 2ndDivisionVet
We are talking about thousands, not millions, of dollars.

We're talking about the Governor of New York, not Joe Schmoe from Kokomo. Of course he would have a higher level of scrutiny.

34 posted on 03/16/2008 6:00:40 AM PDT by jalisco555 ("My 80% friend is not my 20% enemy" - Ronald Reagan)
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To: gondramB
Spitzer used similar tactics on companies and one can say - turnabout is fair play.

This is why he wanted to resign as soon as the story broke. He never showed mercy so he knew he would receive none.

35 posted on 03/16/2008 6:02:05 AM PDT by jalisco555 ("My 80% friend is not my 20% enemy" - Ronald Reagan)
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To: no dems

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.


36 posted on 03/16/2008 6:04:19 AM PDT by wireplay
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To: SkyPilot
Not only is Spitzer a personal friend of Dershowitz, he was his chief researcher in the Claus Von Bulow case.

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.

37 posted on 03/16/2008 6:06:52 AM PDT by jalisco555 ("My 80% friend is not my 20% enemy" - Ronald Reagan)
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To: Moonman62

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.


38 posted on 03/16/2008 6:09:54 AM PDT by wireplay
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To: Hardastarboard
LOL! I had to look up Swarovski crystal on eBay to see what it was. Yes, it reminds me of the gaudy New Mexico native American jewelry that everyone out here likes. But regarding malls, I happen to be one of those people who think they should have been named a mauls, especially around Christmas.

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.

39 posted on 03/16/2008 6:12:23 AM PDT by Muleteam1
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To: Muleteam1

Right on bro. I simply am incapable of “shopping”. However my own Ford is only 47 years old. But my Farmall is 59.


40 posted on 03/16/2008 6:50:17 AM PDT by tickmeister (tickmeister)
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To: YCTHouston

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.


41 posted on 03/16/2008 6:59:11 AM PDT by csmusaret (John McCain is a self rightous little prick.)
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To: tickmeister
Ha! I just bought a "new" Ford tractor, a 1953 Ford Golden Jubilee and just sold a Ford stepside truck that was 44 years old.

A 59-year old Farmall? A Super A, H, or an M perhaps?

42 posted on 03/16/2008 7:03:49 AM PDT by Muleteam1
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illustrates the great dangers all Americans face from vague and open-ended sex and money-transaction statutes.

Client #9 was not at all vague, but Kristin could be described as open-ended...

43 posted on 03/16/2008 8:12:08 AM PDT by D-fendr (Deus non alligatur sacramentis sed nos alligamur.)
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To: wireplay
He got snagged by laws that were not designed to snag him. Alan is right in this case and it should have been discretionary.

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.

44 posted on 03/16/2008 8:18:15 AM PDT by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience.)
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To: SkyPilot
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.

Any person who's friend is Alan Dershowitz is a pathetic one. Alan has no discernment and said he would have defended HITLER!!! YUK..

45 posted on 03/16/2008 8:21:58 AM PDT by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience.)
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To: sergeantdave
You are exactly correct. Spitzer pissed in the wrong roses and now is paying the price.
46 posted on 03/16/2008 8:22:23 AM PDT by mad_as_he$$ (John McCain - The Manchurian Candidate? http://www.usvetdsp.com/manchuan.htm)
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To: Moonman62
Spitzer raised suspicion by asking the bank to take his name off the transactions.

AMEN!! And he also went to the POST OFFICE to buy MONEY ORDERS!!! What an IDIOT! Eliot the IDIOT!

47 posted on 03/16/2008 8:22:52 AM PDT by Ann Archy (Abortion.....The Human Sacrifice to the god of Convenience.)
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To: 2ndDivisionVet
Dershoshitz is a one-man ACLU. What he's trying to do here is not so much in defense of Spritzer but an attempt to portray the U.S. as a country that routinely entraps and spies on its citizens, rather than its criminals.

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

48 posted on 03/16/2008 8:35:03 AM PDT by MinuteGal (I Love My Country More Than I Hate McCain.)
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To: 2ndDivisionVet

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 posted on 03/16/2008 9:50:58 AM PDT by therut
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To: Muleteam1

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.


50 posted on 03/16/2008 11:21:17 AM PDT by tickmeister (tickmeister)
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