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ABC News: Spitzer, Not the Prostitution Ring, Was the Subject of Investigation

Update: According to the New York Times, the Attorney General did authorize investigation of Spitzer:

The inquiry, like many such investigations, was a delicate one. Because the focus was a high-ranking government official, prosecutors were required to seek the approval of the United States attorney general to proceed. Once they secured that permission, the investigation moved forward.

*****

ABC News reports New York Governor Eliot Spitzer was the initial subject of the Justice Department investigation and it was his suspicious money transfers that led to their discovery of the prostitution ring. ABC says the feds are likely to charge him with the crime of structuring financial transactions:

The federal investigation of a New York prostitution ring was triggered by Gov. Eliot Spitzer's suspicious money transfers, initially leading agents to believe Spitzer was hiding bribes, according to federal officials.

It was only months later that the IRS and the FBI determined that Spitzer wasn't hiding bribes but payments to a company called QAT, what prosecutors say is a prostitution operation operating under the name of the Emperors Club.

And this:

The suspicious financial activity was initially reported by a bank to the IRS which, under direction from the Justice Department, brought kin the FBI's Public Corruption Squad.

"We had no interest at all in the prostitution ring until the thing with Spitzer led us to learn about it," said one Justice Department official.

More...

On the crime of structuring:

Structuring involves creating a series of financial movements designed to obscure the true purpose of the payments.

So this started as an IRS investigation into structuring and when it was determined it was the Governor, Justice brought in the the FBI's Public Corruption Squad?

How long was Gov. Spitzer doing business with the Escort service? According to the Affidavit for the Arrest and Search Warrants, the investigation commenced in October, 2007. Between then and last week, when they filed the complaint against the defendants, they got wiretaps, search warrants and examined 5,000 phone calls and text messages and 6,000 emails. They also got a confidential informant and undercover officers to infiltrate the group. The wiretap was obtained in January, 2008.

The search warrant for the e-mails was obtained on January 25, 2008. Before filing the Complaint against the defendants last week, they also examined the company's bank records for 2004 - 2008.

According to the affidavit, the Emporer's Club employees said most clients paid them either by wire transfer or direct deposit.

The criminal case against Emporer's Club was filed by complaint, not Indictment. There is no Indictment of anyone yet. Did they not use the grand jury? Why not?

Update: As I wrote in a comment below, could they be trying to squeeze Spitzer into pleading to an information charging structuring and threatening they will take it to a grand jury on the more serious Mann Act charge if he doesn't?

Update: From Peter G. in the comments on what it would take for a structuring convicton:

there was to be or would have been a transaction with the financial institution (deposit or withdrawal, especially) of more than $10,000, to be done with monetary instruments (cash, especially), but the transaction was intentionally broken up into smaller units of under $10,000 for the purpose of evading the bank's (known) reporting requirement under 31 USC 5313 and 31 CFR 103.22 or for the purpose of evading taxes. 31 CFR 103.11(gg), made criminal by 31 USC 5324.

Update: Jane at Firedoglake writes:

A source familiar with the investigation into the Emperor's Club prostitution ring says that the defendants in the case are the head of the club, the day-to-day business manager and two booking agents. Further, the case has apparently been done for quite a while, and the US Attorney in charge -- Michael Garcia -- "has been tearing his hair out" trying to get someone higher up at the DoJ in Washington to look at the prosecution memo and sign off, because of the need to get their authorization before indicting a public figure.

I suspect that means DOJ did not sign off on it and there is no authorization to prosecute Spitzer. Why? Because as I've mentioned a few times, the other defendants were charged by Complaint, rather than by a grand jury Indictment. I've been wondering why, since this is a multi-month investigation. Usually cases are brought by Complaint when its a fast bust and there's no grand jury sitting before the defendants have to appear in court.

Here the defendants in the Emporers' Club case were charged by Complaint. Did the case not go to the grand jury and if not, why? Was, as Jane writes, a request made by the U.S. Attorney to convene a grand jury into Spitzer? If so, did Main Justice nix it?

Lots of unanswered questions.

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  • Display: Sort:
    Wow (5.00 / 1) (#2)
    by andgarden on Mon Mar 10, 2008 at 07:26:04 PM EST
    Spitzer better get some police protection after he (likely) resigns. There are going to be some people out there who aren't too happy with him for apparently making them a target.

    It always goes back to: (5.00 / 1) (#3)
    by NJDem on Mon Mar 10, 2008 at 07:26:35 PM EST
    follow the money...

    prostitution = mob? (none / 0) (#6)
    by Kathy on Mon Mar 10, 2008 at 07:28:50 PM EST
    Cost of business.  They won't go after him.  They'll just set up shop somewhere else.

    Parent
    What are the chances... (5.00 / 3) (#5)
    by Alvord on Mon Mar 10, 2008 at 07:28:17 PM EST
    ... some wall street types (i.e. the bank) were out for some payback against Spitzer, who they loathed, when they reported his financial transactions to the IRS?

    that was the first thing (5.00 / 2) (#11)
    by joei on Mon Mar 10, 2008 at 07:36:12 PM EST
    that came to my mind... he has tonne of enemies in the financial industry

    Parent
    The Justice Dept would not have to (none / 0) (#69)
    by BernieO on Tue Mar 11, 2008 at 09:51:28 AM EST
    have Wall Street types to go after a rising star in the Democratic Party. Just look what happened with Don Siegelman. The Republican Party likes to target promising Dems before they run for a national office. Lee Atwater worked behind the scenes to smear Clinton the last time he ran for governor because he recognized Clinton as the Dem who was most likely able to defeat Bush in his run for a secons term.
    This does not excuse Spitzer breaking the law, but it is chilling to think that our Justice Department is participating in political witch hunts against Democrats. That may not be the case here, if the banks had good reason to report Spitzer, but it clearly happened to Governor Siegelman.

    Parent
    Doesn't pass my smell test (5.00 / 2) (#7)
    by ineedalife on Mon Mar 10, 2008 at 07:29:18 PM EST
    Money going out of his account made a bank employee suspect he was taking bribes? Right.

    I wonder if we will ever learn the identity of this good citizen? The Linda Tripp of the New York financial industry? Or a friend of Joseph Bruno? Or an entirely made up person to cover for their hit job?

    Not saying Spitzer should skate on this, but if there are political hits are going on we should know about it.

    I am dubious as well (5.00 / 3) (#10)
    by Jeralyn on Mon Mar 10, 2008 at 07:34:25 PM EST
    of the ABC report.

    Maybe he withdrew amounts over $10k within a 24 hour period using an atm machine?

    It does sound like someone dropped a dime on him, and I'm not sure I buy it was a bank employee.

    Parent

    Sounds like Senator Bruno and Schrub dropped the (5.00 / 1) (#15)
    by Harry Davis on Mon Mar 10, 2008 at 07:42:13 PM EST
    dime on Spitzer after Spitzer was caught tailing Bruno's activites.

    Parent
    I've always assumed that (5.00 / 1) (#19)
    by sarcastic unnamed one on Mon Mar 10, 2008 at 07:47:33 PM EST
    "someone" is always looking at high-profile pols' bank accounts.

    Parent
    "money transfers" (none / 0) (#13)
    by Kathy on Mon Mar 10, 2008 at 07:39:01 PM EST
    surely not cash withdrawals?  ATM machines have limits on how much and how often you can access, anyway.  The governor going to a bank and cashing a check made to "cash"?

    I assumed he was doing wire transfers, but I am just basing that on my interpretation of the wording.  

    Parent

    From what I understood of the complaint (5.00 / 2) (#24)
    by litigatormom on Mon Mar 10, 2008 at 07:53:30 PM EST
    he was avoiding wire transfers by sending cash through the mails.  ATMs usually limit you to $500 or $1000 in cash withdrawals per day.  So, I'm beginning to have a hard time understanding why a bank would be concerned by  cash withdrawals by Elliot Independently Wealthy Spitzer that necessarily had to be no more than 10% of the $10,000 limit. How could such withdrawals be "structuring"?

    Parent
    Actually (none / 0) (#49)
    by Andy08 on Mon Mar 10, 2008 at 09:43:34 PM EST
    you can increase these limits to much larger sums.
    The dafault is 500 or 1000; but you can change that
    to be --say- 3500 or more dependig on your account balance.


    Parent
    No, paying bribes (5.00 / 1) (#40)
    by gyrfalcon on Mon Mar 10, 2008 at 08:43:55 PM EST
    or blackmail or whatever.  Lord knows, Eliot Spitzer has no need of bribe money!

    Parent
    This All Has the Smell (5.00 / 2) (#12)
    by bob h on Mon Mar 10, 2008 at 07:37:37 PM EST
    of selective political prosecution to me.  They were obviously looking at his bank transfers.  Justice is not a priority of the Bush Justice Department; prosecution of Democrats is.

    A question and a thought (5.00 / 2) (#16)
    by Iphie on Mon Mar 10, 2008 at 07:44:06 PM EST
    For the lawyers here, what does this new info mean practically? If it is highly unlikely that he would be charged with a crime regarding the actual prostitution, is it more likely that he would be for structuring financial transactions? How serious is it and do the reasons for the structuring play any part when deciding to bring charges?

    Secondly, I'm watching a local political chat show and they are clearly unaware of this new information. They (the they being journalists) are mostly saying they think he will resign. I think that the fact that he was the target of this investigation and not just a collateral player changes the dynamic. I think it gives him room to say that this is a political witch hunt. I wonder.

    If this turns out to have been (5.00 / 1) (#22)
    by andgarden on Mon Mar 10, 2008 at 07:50:45 PM EST
    a political witch hunt, he could be saved. It's too bad that the people of NY had soured on him already.

    Parent
    Even if it was a political witch hunt (5.00 / 1) (#30)
    by litigatormom on Mon Mar 10, 2008 at 08:00:37 PM EST
    it seems like he really did use prostitutes. Not sure he can survive that politically even if the genesis of the investigation was a politically motivated structuring investigation.

    However, perhaps the Bush DOJ investigation should be broadened.

    Parent

    It is curious (none / 0) (#20)
    by Jeralyn on Mon Mar 10, 2008 at 07:47:45 PM EST
    especially because they held off on having a grand jury indict. Maybe they are trying to squeeze Spitzer to plead to an information charging structuring and threatening they will take it to a grand jury on the more serious Mann Act charge if he doesn't.

    Parent
    Structuring (5.00 / 1) (#27)
    by litigatormom on Mon Mar 10, 2008 at 07:58:34 PM EST
    Unless I am missing something, the amounts and frequency of the withdrawals don't sound like structuring to me. That may be what they started looking for, stumbling onto the Mann Act issues.

    Parent
    So, (none / 0) (#51)
    by Andy08 on Mon Mar 10, 2008 at 09:47:16 PM EST
    do you think that they didn't have enough for the structuring really but that by threatening w/Mann Act they could force a plea on structuring?

    Parent
    Could I also ask... (none / 0) (#44)
    by Oje on Mon Mar 10, 2008 at 09:15:21 PM EST
    The money transfer discussed in the affidavit "disappears" for what looks like a day. Could a sting operation intercept that money, hold it until Spitzer crossed state lines, and then release it once he is in DC to set up the implied Mann Act charges? If the deal/arrangement had been made in New York, would the Mann Act still be applicable?

    Also, when did the bank report Spitzer? I assume at the beginning, October 2007, but if it comes later than the whole operation was not triggered by the bank...

    Parent

    oops, "later than that" (none / 0) (#48)
    by Oje on Mon Mar 10, 2008 at 09:42:18 PM EST
    I get the feeling (5.00 / 2) (#29)
    by OxyCon on Mon Mar 10, 2008 at 07:59:11 PM EST
    that this was a Repub initiated witch hunt. Spitzer made alot of Repub enemies and as we all know, the Repubs are really good at using federal and state law agencies in order to enact their agenda of taking down prominent Democratic politicians.
    Don Siegelman anyone?

    Quite possible (5.00 / 2) (#37)
    by auntmo on Mon Mar 10, 2008 at 08:42:42 PM EST
    %