Mar 13, 2008 10:25 pm US/Eastern
Top Lawyer: Spitzer Is Sitting Duck In Crosshairs
Mann Act, Financial Missteps Likely To Be Pursued
NEW YORK (CBS) ―
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A top lawyer tells CBS 2 HD that soon-to-be ex-Gov. Eliot Spitzer is likely to be prosecuted for his role in a prostitution ring.
Timothy A. Clary/AFP/Getty Images/MySpace
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New York Gov. Eliot Spitzer announces his resignation amid a prostitution scandal.
CBS
With the investigation into the scandal looming large it's like there's a bull's-eye on Gov. Eliot Spitzer's back. Prosecutors are lining up for target practice.
Will the former prosecutor get prosecuted? Top New York lawyers CBS 2 HD spoke with believe he's fair game.
Gerald Shargel, who defended Joseph Gambino in 1992, says he thinks the feds will go for Spitzer on the Mann Act.
"I think he's certainly in the prosecutorial crosshairs," Shargel said. "Will they go for him? I think they will."
He's referring to transporting a person across state lines for prostitution. Despite the law dating to 1910, and not usually prosecuted, Shargel says in Spitzer's case it's unavoidable.
"Well, they have tape recorded conversations. They have co-operation of the woman, and they have financial transactions," Shargel said. "Unfortunately, they have everything they need."
In addition to the Mann Act, possible charges include soliciting prostitution, tax evasion, misuse of state resources (aides and state troopers); and a form of money laundering called structuring financial transactions.
Any time a person withdraws $10,000 or more, a bank must file a report with the government. To avoid triggering that, a person might make several withdrawals that together total more than the threshold amount.
"Structuring a withdrawal in such a way to not file a report, in other words to disguise the transaction," Shargel said.
It's been suggested that prosecutors would not go after Spitzer in exchange for his resignation. Most lawyers don't think so. Spitzer will undoubtedly want to cut a deal, but typically nothing can be done until a case is built against him.
And if there is a deal, bargaining chips could include admitting guilt, undergoing therapy, paying possible taxes and fines and prison time, in addition to the resignation that's already in the works.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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