3.11.2008

Legal Tidbit

There is so little left to be said about Spitzer (? I don't even know her!) that this has to be short, so: A legal primer:

1. What is Mr. Spitzer's crime in NY State (mind you, he was investigated and brought in under federal law)? Prostitution in the Fourth Degree, a Class B misdemeanor -- the lowest form. This is what you and I and your mom think of when we conjur up a ho - patronizing a prostitute. The other three degrees are sex with someone of a progressively younger age, from 17 to eleven.

2. Why does NY law matter? Because the NY state bar has the power over Mr. Spitzer's license. I am sure it is the least of his problems, but he'll be glad to know that a Class B misdemeanor is usually only cause for a suspension.

3. We assume Spitzer will be tried. Not so fast. WSJ provides an interesting insight. This might explain why the man has not yet resigned. If he does not get charged, then he might make it out of this one. Technically, he violated the Mann Act by causing transporting a prostitute across state lines, but that's usually reserved for big ticket movement of persons or illicit goods. The real danger is apparently his complicity in making payments to shell corporations. He has nailed others when they should have known that these offshore corps were used to launder money, so he can't feign ignorance.

Hm. Tried for money laundering over prostitution charges. Sounds a lot like getting tried for perjury over banging someone in the oval office charges. Precedent. Just what a lawyer wants.

1 comment:

Anonymous said...

Given Gov. Spitzer's exceptionally agressive approach to prosecution when he was AG, I think it's fair for him to live by that same standard. Much as I thought that President Clinton should have resigned when he was found to have abused the power of his office, I believe Gov. Spitzer should too.

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