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probation. Mandatory probation; solicitation is one of the few statues that has such
a designation. The local police chief, however, met this charge with great disdain.
He believed something untoward had gone on for the grand jury to return sucha
mild verdict after his department had spent hundreds of thousands of dollars
examining the behavior of a resident that rarely left his house. Women seemed to
come and go, women of ALL ages. Some masseuses interviewed were in their
sixties, Some were men.
The police chief, unhappy with the decision of twelve Florida citizens that weighed
the evidence, took the unprecedented step of releasing the raw police reports to the
press. The raw sewage of an investigation not corroborated, or as it turns out, not
even transcribed from the actual interview tapes correctly. Before a plea to the
indictment was entered and the case was still open, he released the reports and then
sent a letter off to the parents of some of the girls and to the FBI asking for their
assistance. Only two days after the grand jury decided that I should only be charged
with solicitation of prostitution, NOT underage women, not pimping, but using
prostitutes as a john, I received my first FEDERAL subpoena. What resulted after a
thirteen month investigation and can be read in my non prosecution agreement, was
the federal government threatened me with a fifty page indictment alleging that |
had broken federal law, though all actions took place in my home in Florida, the
women were from Florida, and no interstate travel took place. The AUSA said that
my secretary had made telephone calls to the women. Many of those calls were
return calls, and the use of the telephone by my secretary to confirm massage
appointments, was equivalent federally to some guy surfing the internet, knowing
full well that the person on the other end of the connection is under age, and trying
to coerce them into some illegal sex activity. The internet luring statute says that
someone uses the means of interstate commerce, (in my case it was a phone) to
knowingly coerce underage persons into sex. This was the first time in history that
this statute would be stretched, twisted beyond all recognition in an attempt to
threaten prosecution. | had hired Ken Starr, former Solicitor General; Alan
Dershowitz, law professor; Roy Black, trial attorney; Joe Whitley, former assistant
attorney general; and Guy Lewis former US attorney in South Florida, to defend me
against what each one of them had said was no federal crime. Ken Starr wrote a
brief using a federalism argument that made it clear that my crime of being a john
could not be a federal crime. It was to no avail. What the federal government
required was as follows: They required that my defense team, not the feds, but my
team, go to the state attorney and ask that he up my charge to a pimping charge; a
charge that carried with it sex registration. They would not give him the facts to
support that charge, or give me evidence they said they had that I had under Florida
law received money FROM these girls to offer them out as prostitutes. Florida law is
very clear, that the pimp must have a financial benefit from the crime. It would be
our responsibility to ask the state attorney to up my charge and agree to sentence
me to 18 months in jail and a year of house arrest. In the history of the state
attorneys office, they have no other instance of someone requesting a higher charge
than what the grand jury decided and a harsher penalty.
In addition, the federal government would require me to pay a minimum of $50,000
to each woman on a list of women that they would choose. A list that would be kept
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