Legalities

Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg

Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.

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Spitzer -- Possible Financial Crimes

March 11, 2008 1:08 PM

New York Gov. Eliot Spitzer has said his alleged tie to a prostitution ring is a "private" matter, but charges against him could extend well past prostitution.

Because Spitzer's bank notified the government of suspicious financial activity in his accounts -- as the banks are required by law to do -- the Governor now could face serious legal charges connected to money laundering.

The money laundering aspect of involves the crime of "structuring," which is pretty much what it sounds like. Structuring occurs when someone structures their financial transactions -- when they make deposits or withdrawals -- to avoid triggering the bank's reporting requirements.

Banks are required by federal law to report any cash transactions over $10,000. It's a crime to manipulate cash deposits or withdrawals to avoid those reporting requirements.

These laws were designed to detect people trying to hide huge amounts of cash from illegal activities -- such as drug transactions or taking bribes.

You can't, for example, take $50,000 from a drug deal and deposit it in $5,000 increments to avoid setting off the automatic reporting requirements. And banks are required to report customers they think are trying to do just that.

It would be unusual for this be carried out for prostitution. Typically, money laundering laws are targeted at drug dealers, bribery and racketeering offenses.

So the great irony here is that the financial institutions which long saw Eliot Spitzer as nemesis may have gotten their revenge.

March 11, 2008 | Permalink | User Comments (16)

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Could you please check any ties between Spitzer and HRC? I am sure that there must be something there!

Posted by: carmen | Mar 11, 2008 3:20:35 PM

Your inference is that if Spitzer had done the whole 10K, then no financial crime?

Posted by: Nathan | Mar 11, 2008 4:56:48 PM

What if he was traveling on government paid time and expenses?

Posted by: jim | Mar 11, 2008 5:42:40 PM

Do you want me to go in alpha order to name Democratic scandals, or start from the East coast and work my way to the West? Your choice. But let me throw these out to you: JFK, RFK, both married and both had more women than half the men in Washington. Oh, don't forget dear old Ted who not only had an affair with Mary Jo but HE LEFT HER FOR DEAD and still got reelected and reelected and reelected. Gary Studds, has sex with UNDERAGE pages and HE still was re-elected. Barney Frank, has a male prostitution ring working out of his DC apartment and HE is still in office! Hello, McFly! My point is both parties are guilty of terrible and demeaning scandals. To think the Dems are the lesser of two evils is foolish and naive.

Posted by: stop2think | Mar 11, 2008 8:10:38 PM

Spitzer should resign effective immediately, or atleast as soon as Sen. David Vitter resigns, which ever occurs later.

Let's have a look at the actual case the feds can make against Spitzer before we claim shadenfreud for the banks and his Republican impeachers.

Posted by: Neil | Mar 11, 2008 9:38:06 PM

Spitzer spearheaded the very AML regs that you are saying he was attempting to circumvent. From my understanding of AML regualations, structuring has to do with illegal funds and not one's own money. How can it be considered laundering money if it's not with ill gotten funds?

Posted by: David | Mar 11, 2008 9:39:10 PM

This guy may have some other problems, for example the woman traveled across state lines to pleasure him..This is a direct violation of the Mann Act, and has been on the books or years which is a federal violation and can get him 5 or more years in a federal prison..And he knows this all to well..

Posted by: Joe MUrphy | Mar 11, 2008 10:00:35 PM

Johns are rarely prosecuted, why all the squawking about Spitzer? You gotta wonder whether this is another politcal prosecution like Governor Don Siegelman (D-AL).

Posted by: Neil | Mar 11, 2008 10:43:40 PM

Why would the bank tell the IRS and not Spitzer himself if there was a suspicious transfer? Spitzer is a longtime client, a rich guy and the governor. We're talking thousands of dollars here, not millions. It doesn't make a whole lot of sense that they spotted a "suspicious transfer" made by the governor, and that this is how things began. It's possible it was just ordinary paperwork the bank had to file with the government whenever some particular flag was raised, but if that's the case, why did the DoJ go to DefCon 3?

What is a USA doing prosecuting a prostitution case? This isn't normally what the feds spend their time with.

Mike Garcia is a Chertoff crony. Sources familiar with the investigation say that he sent a prosecution memo to DC two months ago asking for authority to indict a public figure (Spitzer). Which means they had their case made long before the wire tap of February 13. Why did they then include this line from that conversation in the complaint?

LEWIS continued that from what she had been told "he" (believed to be a reference to Client-9) "would ask you to do things that, like, you might not think were safe -- you know -- I mean that...very basic things...."Kristen" responded: "I have a way of dealing with that...I'd be like listen dude, you really want the sex?...You know what I mean."

This salacious detail does not seem like it's necessary to make their case, and appears to be added for no other purpose than to destroy Spitzer's career.

How did Spitzer's name get leaked to the media, and who did it? Didn't happen to Dave Vitter.

Why did Mike Bloomberg suddenly start talking about running for governor recently? And why did he give $500,000 to Joe Bruno? He's good buddies with Mike Mukasey. What did he know and how did he know it?

The Mann Act? Are you kidding?

Posted by: Neil | Mar 11, 2008 10:50:37 PM

WHO CARES!

Posted by: BronxBoy7117 | Mar 12, 2008 12:25:51 PM

BronxBoy, Jesus cares so you should too.
But he said to Peter: "Those who live by the sword shall die by the sword." I'm a Christian, and not a Dem but we should never ever rejoice in another's demise.

Posted by: plainsm | Mar 12, 2008 3:11:08 PM

With 50 million of his daddys bucks does anyone really think he cares about a fine or some trial he can throw a dozen lawyers to go in his place. This guy believed he was above the law and still does. If he has 80K to throw at some hookers to let the good times roll this trial is nothing. Give me a break!

Posted by: Bambi | Mar 12, 2008 3:28:32 PM

Neil, It's against the law to notify someone that they may be the subject of a structuring investigation.

David, structuring doesn't have to be illegal money, it's anytime a series of deposits is over $10,000 and made in such a way as to avoid the reporting requirements for cash transactions in excess of $10,000.

Posted by: Chris | Mar 12, 2008 4:26:00 PM

Spitzer resigned. The US Attorney said no deal has been made to avoid prosecution.

When will Sen. David Vitter (R-LA) resign?

Vitter has admitted law-breaking in Washington DC and New Orleans LA by hiring prostitutes.

Has the US Attorney made a case against Sen. David Vitter? If not, why Spitzer and not Vitter?

And don't forget about the Gov. Don Siegelman (D-AL) prosecution. Another travesty where political headhunting abuses the power of our system of justice.

Has DOJ become an arm of the GOP?

Bush will not allow Rove, Meirs or Bolton to testify. Mukasey has found that Presidential orders immunize OLC lawyers and OLC opinions immunize executive action. No one is accountable to the law.

The rule of law is dying a slow death of a thousands cuts from signing statements to co-opting the Department of Justice to serve politics rather than law.

Posted by: GOP DOJ strikes | Mar 12, 2008 6:14:13 PM

I think the source of the money is Spitzer's problem. Probably campaign money channeled through a sham corporation and then the cash to Spitzer for the ladies. I don't think he would have resigned just for the sex scandal; he knows he has a much more serious problem. By the way, the Mann act is for underage issues, not just an adult professional sex worker.

Posted by: Reuben | Mar 13, 2008 1:38:24 AM

With all the focus on 'cooking Spitzer'; they should not forget to have the tax authorities look at the books of the alleged prostitutes. I doubt seriously they have paid taxes on the obscene amounts of money I have been reading about. Letting them off the hook is sexist and biased. They get let off the hook at the expense of men every time we turn around; doing book deals, movie deals, singing gigs; give me a break. No one should benefit from engaging in a criminal enterprise. If the ladies are 'let off' so must the men.

Posted by: TheRockofAges | Mar 15, 2008 10:16:36 AM

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