Will Spitzer Faces Criminal Charges?

Legal Experts Say Bringing Charges Against Disgraced N.Y. Governor Would Be Unusual

(AP)  Resigning won't spare Eliot Spitzer from the heat of a criminal investigation - federal prosecutors must still decide what to do with the case of the disgraced New York governor and the prostitutes.

A law enforcement official said Spitzer's high-powered defense team was believed to be negotiating a plea deal with prosecutors over his connection to a high-end prostitution ring, but attorneys would not comment Thursday about the discussions.

"Corruption cases often pose a dilemma for the prosecutor," said Evan Barr, a private practice lawyer who once handled such cases for the same Manhattan U.S. Attorney's Office that is now weighing how to proceed with Spitzer.

"If you charge a public figure under an obscure or rarely used legal theory, the critics will say the prosecution is politically motivated; if you decline to charge under the same circumstances, the critics will say the prosecutor is going easy on the would-be defendant because he or she is a prominent person," Barr said.

The legal snarl was being untangled as Lt. Gov. David Paterson prepared to take over the state following Spitzer's spectacular fall from power. Paterson said he spoke to Spitzer on Thursday and "told him how sorry I was this happened."

"I promised the governor yesterday that I would commit myself to the people of this great state, that we would have stability and continue in these challenges that lie ahead," Paterson said. "Now we have to get New York back on track."

Paterson takes over on Monday, and will become New York's first black governor and the nation's first legally blind chief executive to serve more than a few days. Bob Cowley Riley, who lost his left eye in WWII and later lost vision in his right eye, served 11 days as governor of Arkansas in 1975.

Spitzer, a married father of three teenage girls, faces a dubious future after he was accused of spending tens of thousands of dollars on prostitutes - including a tryst with a 22-year-old call girl in Washington the night before Valentine's Day. Officials said Spitzer initially drew the attention of authorities with suspicious money transfers that will be a key part of any possible criminal case.

Among the possible charges that could be brought against Spitzer: soliciting and paying for sex; violating the Mann Act, the 1910 federal law that makes it a crime to induce someone to cross state lines for immoral purposes; and illegally arranging cash transactions to conceal their purpose.

But legal experts said bringing charges and getting a conviction would be unusual, considering federal authorities rarely charge the customers in illegal sex or drug cases. A likely outcome could be what is called a "deferred prosecution agreement," which could leave Spitzer on probation with charges dropped if he did not get into any more trouble.

Gerald Lefcourt, past president of the National Association of Criminal Defense Attorneys, said criminal charges against Spitzer would be "stretching federal statutes to a place they've never been."

Edward J.M. Little, who worked in the public corruption unit of the Manhattan federal prosecutor's office in the 1980s, said it would be "piling on" to bring charges now.

"I think it would be outrageous if they went after him any further on this," he said. "Solicitation cases are typically pled down to minor charges and just because he was governor doesn't mean he should be treated any more harshly unless they impacted his duties as governor."

He added: "Even though I personally think it's reprehensible, it doesn't mean it's criminal. He's resigned which is probably the ultimate penalty in this case so we should let it be."

The most likely charge Spitzer could face is structuring - breaking sums of money down into smaller amounts to hide the true purpose of the funds - but it is rarely brought as a stand-alone charge.

Lawyers said they are usually brought in money-laundering cases or as part of some larger criminal activity such as drug dealing.

Also, such cases usually involve hiding the source of the money. There is no reason to believe Spitzer, a millionaire many times over, used illegal funds to pay for anything.

A Mann Act violation may be another stretch.

The law is not typically applied to buying sex from adult women, even if, according to court papers, the client identified as Spitzer by law enforcement officials managed to break almost every part of the law by arranging for the woman's train fare, hotel, right down to the mini-bar at the hotel. And do it all on tape for the listening feds, no less.

Some say a structuring case might be the most likely scenario.

Miami-based lawyer Gregory Baldwin said there is one basic principle to the crime - one that might still trip up Spitzer.

"A drug dealer, for example, is probably more concerned with hiding the source of his money. A terrorist, on the other hand, is probably more concerned with hiding the destination and purpose of his money," Baldwin said. "Whether it's the source, destination, or purpose, though, the structurer ... always wants to avoid one thing: being identified as part of the transaction."

[cmp271]

SPITZER WHO????

Lets forget that bit of bad rubbish.

It is time for New York State to move on.

[blackyowe]

I don''t care if he does or does not he will have to wonder for the rest of his life what he could have made of himself. He will forever be the scarlet number #9 and he will live in the prison cell of his mind for being so stupid.

[l00ker]

Here these jews go again. This Spitzer character should be fitted for stripes, and these jews like this Dershowitz and this Stein, can use their jewish tongue twister, tangent walking gibberish all they want, but it doesn''t change the fact that this guy was buying women, with other peoples money. Not only that, he as governor, willfully participated in racketeering and prostitution, which he as a former attorney general, was fully aware of. Yet, he vehemetly prosecuted and humiliated others, whom he saw fit, for allegedely committing the same offenses, as many of these two-faced and hypocritical jews in power always do. Blame the victim, whether it is in Palestine, or in America, be it legal, commercial or political. Nah, throw the book at this jewish sleazebag.

[watcher269-2009]

While New York Governor Eliot Spitzer was paying an %u2018escort%u2019 $4,300 in a hotel room in Washington, just down the road, George Bush%u2019s new Federal Reserve Board Chairman, Ben Bernanke, was secretly handing over $200 billion in a tryst with mortgage bank industry speculators.

Both acts were wanton, wicked and lewd. But there%u2019s a BIG difference. The Governor was using his own checkbook. Bush%u2019s man Bernanke was using ours.

This week, Bernanke%u2019s Fed, for the first time in its history, loaned a selected coterie of banks one-fifth of a trillion dollars to guarantee these banks%u2019 mortgage-backed junk bonds. The deluge of public loot was an eye-popping windfall to the very banking predators who have brought two million families to the brink of foreclosure.

Up until Wednesday, there was one single, lonely politician who stood in the way of this creepy little assignation at the bankers%u2019 bordello: Eliot Spitzer.

Who are they kidding? Spitzer%u2019s lynching and the bankers%u2019 enriching are intimately tied.

How? Follow the money.

[grazinggoat]

The most likely charge Spitzer could face is structuring - breaking sums of money down into smaller amounts to hide the true purpose of the funds - but it is rarely brought as a stand-alone charge.

Lawyers said they are usually brought in money-laundering cases or as part of some larger criminal activity such as drug dealing.

-A vote for Hilary Clinton shall jeoperdize the continuation of such allegations and scrutiny. Let Justice take its course and start the prosecutions.

[grazinggoat]

CBS Nes: ''Will Spitzer Faces Criminal Charges?
Legal Experts Say Bringing Charges Against Disgraced N.Y. Governor Would Be Unusual''

Grammatical errors, on this site, are terrible. should read ''Will Spitter Face Criminal Charges?''

Prof. GG lol!