Former NY Governor Escapes Criminal Charges

Yesterday, the U.S. Attorney in Manhattan, Michael Garcia, issued his decision to not press charges against former New York governor Eliot Spitzer based on Spitzer's involvement with a prostitution ring, the "Emperors' Club V.I.P." 

The Governor and Prostitutes 

Spitzer's patronage of the now-defunct club made big news last year, with many lurid details that resulted in Spitzer's resignation. After hearing of the decision, Spitzer released a statement thanking the U.S. Attorney's office for their "impartiality and thoroughness" throughout their nine-month investigation of the matter. 

However, attorneys for other individuals who have been charged with crimes related to their Emperors' Club activities contend that Spitzer has received special treatment. 

No Evidence of Structuring 

For the federal case, the crux of the matter was whether Spitzer used public funds or campaign money for his trysts with prostitutes; the investigators looked for evidence of a crime known as "structuring," or conducting financial transactions in ways that conceal their source and/or purpose. Structuring charges are usually based on an underlying crime such as drug trafficking or money laundering. Apparently all of Spitzer's transactions with the Emperors' Club were based on his personal accounts. 

Federal vs. State Crimes  

Prostitution is both a federal crime and a state crime, and it is possible that Spitzer could still be charged with a crime under the laws of New York. However, the District Attorney in Manhattan, Robert Morgenthau, stated that he will not be charging Spitzer. "The guy lost his job, apologized and was publicly embarrassed. I don't believe in kicking someone when they're down," noted Morgenthau. 

Others have pointed out that prosecutors in Manhattan could spend their time and resources more appropriately these days by investigating the many possible crimes on Wall Street. 

(Sources: New York Times, WCBTV) 

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