Garcia Takes Spitzer Off Hook; SDNY Will Not Seek Charges

[WSJ_law_blog]

So much for the Mann Act.

Eight months after the fall of Eliot Spitzer, Michael Garcia, the U.S. Attorney for the Southern District of New York, has announced that his office will not seek criminal charges against the former New York Governor. That puts an end to the speculation that Spitzer might be charged with a violation of the Mann Act, which was enacted in 1910 to prevent the movement of women intended to participate in “immoral” acts between states. It also ends speculation that Spitzer may have purposely tried to avoid triggering suspicious activity reports by making payments in installments of less than $10,000; or that he used campaign funds for his escapades.

Garcia’s press release says:

. . .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.

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.

Herrick Feinstein’s Steven Feldman, a former SDNY prosecutor, told us: “The average Joe being investigated by the Southern District doesn?t get a letter like this. If a guy was being charged or was being investigated, he was never cleared in a public way.”

As for the timing of the announcement, Feldman says it’s probably related to the imminent departure of Garcia, who was appointed by President Bush. “He may be wanting to tie up loose ends” and wouldn’t want to pass on the decision to the next U.S. attorney.

LB Loyals: In the wake of a huge presidential election, and with the financial crisis in full swing, this news may not see the front page. What’s the point of waiting until now to make the announcement?