New York Breaking News

NEW YORK (CBS) ― Eliot Spitzer may have been charged thousands by the hour as "Client 9" for his time spent with the now infamous Ashley Alexandra Dupree, but federal prosecutors won't be filing additional charges for the pair's scandalous soirees.

U.S. Attorney Michael Garcia announced Thursday that the former New York governor, who resigned in disgrace in March after officials busted the high-profile "Emperors Club VIP" prostitution ring, will not face criminal charges.

"In light of the policy of the Department of Justice with respect to prostitution offenses and the longstanding practice of this Office, as well as Mr. Spitzer's acceptance of responsibility for his conduct, we have concluded that the public interest would not be further advanced by filing criminal charges in this matter," Garcia said in a statement.

Spitzer, who admitted his acts of infidelity to authorities, issued another public apology while still skirting the specifics of what exactly he was sorry for.

"I appreciate the impartiality and thoroughness of the investigation by the U.S. Attorney's Office, and I acknowledge and accept responsibility for the conduct it disclosed. I resigned my position as Governor because I recognized that conduct was unworthy of an elected official. I once again apologize for my actions," Spitzer said.

He's remained out of the public light since stepping down on March 12, but CBS 2 captured him in line to vote with his wife, Silda, in Manhattan on Tuesday. In a recent interview with TimeOut New York, he said he'd been spending his free time with his daughters.

Once known as "Mr. Clean" for his tenure as an attorney and attorney general, and, ironically, his promise to sweep corruption up and out of Albany, he'll forever be known as "Client 9," which he was referred to in wiretaps of the busted call girl agency, Emperors Club VIP.

"To every New Yorker and to all those who believed in what I tried to stand for, I sincerely apologize," he said at the time of his resignation. "There is much to be done, and I cannot allow for my private failings to disrupt the people's work."

Financial transactions showed Spitzer spent thousands on prostitutes through the agency. In a transcript of the wiretap, it appeared that "Client 9" was willing to pay nearly $3,000 for just a few hours last month with call girl "Kristen," and even pay up to $2,000 in advance for future flings.

Court documents and published reports indicate perhaps as much as $80,000 were transferred from Spitzer's account to a trio of dummy companies that were fronts for the escort service.

But Garcia said that there was no evidence that Spitzer used campaign funds to pay for the illicit sex.

"After a thorough investigation, this office has uncovered no evidence of misuse of public or campaign funds. In addition, we have determined that there is insufficient evidence to bring charges against Mr. Spitzer for any offense relating to the withdrawal of funds for, and his payments to, the Emperors Club VIP," he said.

Nine other clients who were busted in the ring also escaped charges.

It's possible that Spitzer could be charged as a "John," the term for a man who patronizes a prostitute, but experts believe this case is likely closed. Ironically, one of the first bills Spitzer signed into law as governor raised the penalties for Johns from a maximum of three months to up to a year in jail.

Other experts thought it was possible feds would go after Spitzer under the Mann Act, a law dating back to 1910 that penalizes violators for transporting a person across state lines for prostitution, but it's a law that is rarely used.

A lawyer for one of the escort service's booking agents told CBS 2 the development doesn't make sense. "There is a basic inequity here when my client who is a very minor player in the Emperor's Club Enterprise is facing jail time when another major co-conspirator is not even being charged," said defense attorney Michael Farkas.

Manhattan District Attorney Robert Morgenthau also said he wouldn't be prosecuting the former governor. "The guy lost his job, apologized and was publicly embarrassed. I don't believe in kicking someone when they're down," he explained.

As for Dupree, the aspiring 22-year-old musician who became a household name worldwide after her identity was revealed, she issued a statement through her lawyer saying she was glad the matter was now being resolved and she was eager to move on with her life.


 

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