New York Governor Eliot Spitzer’s problems are mounting. GOP legislators are pursuing impeachment while reports have surfaced that he spent over $80,000 on prostitutes over ten years. If true, the sheer scope of his involvement with prostitution rings will almost certainly force the hand of prosecutors to bring a substantial criminal charge.
Spitzer could be charged under the Mann Act. It is quite a difference for the governor. Under the Mann Act, he could be looking at 20 years while under the D.C. law it would be only 90 days.
The Mann Act makes it illegal to persuade or induce an individual to cross state lines for the purpose of prostitution. It is rarely used against “johns”, but it can technically be used against Spitzer.
The district law allows for only 90 days for a first offender.
District of Columbia District of Columbia Code DIVISION IV CRIMINAL LAW AND PROCEDURE AND PRISONERS TITLE 22 CRIMINAL OFFENSES AND PENALTIES
§ 22-2701. Engaging in prostitution or soliciting for prostitution.
It is unlawful for any person to engage in prostitution or to solicit for prostitution. The penalties for violation of this section shall be a fine of $500 or not more than 90 days imprisonment, or both, for the first offense, a fine of $750 or not more than 135 days imprisonment, or both, for the second offense, and a fine of $1,000 or not more than 180 days imprisonment, or both, for the third and each subsequent offense.
Given the reports that New York Governor Eliot Spitzer was heard on a wiretap arranging for a prostitute to travel from New York to Washington to meet in his hotel room, it appears that he has violated the Mann Act. This federal law carries a penalty of up to 20 years imprisonment for knowingly persuading or inducing any individual to cross state lines for the purposes of prostitution. Governor Spitzer also appears to have violated District of Columbia law, making it unlawful for any person to engage in prostitution or to solicit for prostitution. This is punishable by up to 90 days in jail, or a fine of up to $500, or both, for the first offense.
Given the length of time and amount of money involved in the allegations, it now appears likely that additional charges could be brought for such things as structuring, conspiracy, or false statements/transactions. There could also be questions of obstruction, tampering, or other charges linked to his conduct after learning of any investigation.
The effort not to resign appears an effort to preserve such a resignation as a bargaining chip in a plea. It does not appear, however, that it would work. Legislators are demanding an immediate resignation or commencement of impeachment.
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Dear Deaply worried:
You are right about one thing. The speed with which the Eliot Spitzer prostitution ring scandal came and went is astounding. There isn’t a hint of Spitzer’s existing in the media, surprising after his controversial reign as chief prosecutor of New York State. You are right that something is wrong, but the problem extends far beyond your current “Federal” conspiracy theory. The corruption here is huge, not just Spitzer’s role as an Attorney General who undeniably did business with and protected at least one Organized Crime family which held a prostitution ring among its enterprises. The corruption extends to the media and NY & Federal prosecutors who are apparrantly positioning Spitzer to get a walk from the 20 year sentence for each Mann Act violation. How many top organized crime officials will the Feds demand that Spitzer gives up in order to deal his way out of 20+ years in jail? And no, we aren’t talking about the stereotypical Italian ones from The Sopranos or The Godfather. We are talking about the suit wearing organized crime families which represent a larger portion of our economy than GM and Ford. How else do you think Bernie Spitzer immigrates to the U.S. and all of a sudden every piece of real estate he buys gets rezoned for development of more valuable projects? The Spitzer family isn’t smarter, they just have more “connections” and know how to persuade (extortion is not a nice word) people to get what they want. But why is the media silent on Eliot and the severe issues entailed when an Attorney General is in a position to quash any investigation and prosecution against any affiliate of the organized crime family which holds dirt on, which owned Eliot Spitzer? Yes, the dramatic shift from front page news to silent neo-memory is something to behold. When Chuck Berry violated the Mann act, his black behind went to prison. Eliot Spitzer’s alabaster whiteness, son of the $500 Million dollar fortune, will continue to be protected. Life isn’t fair. All we can do is wonder who will be sacrificed when Spitzer Spills the goods, and when it happens.
VC,
Do you find it odd (as I do) how quickly, cleanly, surgically precise, this event was? One day we have a sitting Governor of one of the most powerful states in the Union, preparing to move on the GOP’s last legislative bastion in the NE. And then in a few score hours, with a massive, coordinated flood of information to the press, the Governor is gone, removed, an un-person.
It was a political execution of awe-inspiring force. Just think on how in a silly, and I mean trivial prostitution case, the Feds stepped in with massive resources: the kind we associate with organized crime investigations.
This was political shock and awe. The key for me, was the huge Federal investment in this project, and the unparalled publicity blitz. This was something to behold.
As I said weeks ago, if historians want to investigate the corruption of this administration, the DOJ is one of the major epi-centers.
Obviously everyone knows by now that Spitzer resigned. We think part of that resignation deal will include guilty pleas to 2 misdemeanors – one in NY and one in DC and that’s it.
I wouldn’t be surprised to find out he buried the $80,000 as business expense on his income tax returns. What is the sentence for income tax evasion?