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Old 03-12-2008, 12:43 AM
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Default Fourth Amendment

Not sure how many of you are following the drama unfolding with respect to Governor's Spitzer's involvement with a prostitution ring. In any event, it looks like he's going to be resigning and will be replaced by the lieutenant governor tomorrow. Without condoning such irresponsible behavior, I found it disturbing to discover how this scandal was uncovered. As it turned out, Spitzer obviously had to tender payment for the prostitutes. Apparently he was tendering payment in such a way that the bank felt he was moving money in a manner so as not to trigger the $10,000 IRS reporting limit. The bank apparently filed an 'SAR' - Suspicious Activity Report with the Federal government.

Since when did tendering money become 'inherently suspicious'?

At what point should we be concerned about Fourth Amendment protections if the government can circumvent them by essentially regulating private institutions into the role of 'snitch'?
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Old 03-12-2008, 01:07 AM
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Dear cw1865,

Any large withdraw of money that is sudden and unusual, especially now with all these computer wire transfer fraud, identity theft and such--there was enough odd behavior in which a suspicious withdraw taking place.

I don't think that 'tendering money' is the issue of 'inherently suspicious' in of itself but, the 'intent' of where the money came from to pay for an illegal business which may be - under the Racketeering Act. That connects to the prostitution, gambling and prohibition when it was in place as it applied to Mob and or gang activities.

Should the funds have come from a governmental use account--it is not his 'personal' money. It might have been a little of money from all kinds of accounts--personal, governmental and or business.

There are always 'ears' listening in on the criminal subculture. It isn't 'that' hard to trace someone, via caller ID, etc. Even this list may have key words that trigger 'Big Brother.' The law enforcement community can get a wire tap order, search warrant order and get the judicial blessings to set up 'stings' and or 'entrapment.'

Maybe this Govenor should have used an economy rate prostitute. [Chuckles]

Just some thoughts.

M. E. Wolf
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Old 03-12-2008, 01:34 AM
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Dear cw1865,

I forgot to add--there were plenty of prostitutes during the Civil War on both sides. The best coined phrase "Hooker" is sadly too often associated with General Hooker (Union). However, it was General Hooker's camp location, which was located at what is now 14 Street & Pennsylvania Ave. NW; which took up the entire city block and part of the Triangle; It was already known for being a place for prostitutes long before General Hooker took over the area and set up his troops there. Troops there --well, that probably attracted the 'cough' ladies.

The statue of General William Tecumseh Sherman (1820 - 1891), stands just south of the US Treasury Department, at 15th & E. Street, NW. The Willard Hotel is in the 1400 block of E. Street, NW--where General Grant and son Fred took up residence while visiting President Lincoln, as to accept the rank of Lt. General.

In that same vacinity, Camp Fuller was located at 22nd and Constitution Avenue, NW - also known as "B" Street NW; was Camp Fuller, a remount stable with over 1,000 Union Horses, until a horrific fire took place and burned many horses many on fire, ran in agony around the immediate area. The Camp was dismantled and horses were then sent to a large remount station called Geisboro Point--which Bowling Green AFB now occupies. Col. William Gamble, of General Buford's Cavalry later served there as head of this remount station.

A lot of history in Washington, DC and vicinity.

I have yet to find that General Joseph Hooker ever had use of prostitutes.

Just some thoughts.

M. E. Wolf
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Old 03-12-2008, 02:00 AM
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As I understand it, so far, is that his "covering" the transfer of funds was what brought him to the attention of the feds. The consorting was ancillary. But is the consorting that is going to bite his butt. The feds were initially only investigating the transfers. Then, there was the inevitable leak.

ole
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Old 03-12-2008, 10:01 AM
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Quote:
Originally Posted by M E Wolf View Post
Should the funds have come from a governmental use account--it is not his 'personal' money. It might have been a little of money from all kinds of accounts--personal, governmental and or business.
Yes, if they came from a government account, I agree the government has a right to oversee its funds. So far, from everything I have seen SO FAR (and I could be wrong), it was his personal funds. So, if its government money, I cordially withdraw my objection.

As to ole, yes, they had started to investigate the transfers, but only because the bank had told them about them with this 'SAR' (Suspicious Activity Report).

At the end of the day, a private actor clearly has a right to tender information to the government about criminal activity - very simply put, if I see a crime, I can report it. From the banks point of view, they only saw the funds moving (no idea what it was being used for), and in their opinion constituted an effort to avoid the reporting limit of $10,000.00 to the IRS....

Nevertheless, the reason the bank is reporting this information is because the government imposes this obligation.
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Old 03-12-2008, 10:38 AM
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I see where you're coming from, CW, and I don't much care for it either -- ala Big Brother. However, law enforcement has always depended heavily on the snitch -- requiring, by law, the private information is bothersome.

Clandestine movements of money is most often associated with laundering it. If it must be laundered, then there is most likely a crime behind it -- a crime from which we the people have demanded protection. As it happened, there was no crime (except to Mrs. Spitzer). But he was, in effect, laundering money, and so it came to the attention of the Feds.

We have, like it or not, the government we've asked for. Very few of us have reason to shuffle money in that fashion, therefore it's a technological tool to detect criminal activity.

What I find hard to believe is that Spitzer, of all people, ought to have known better. No telling how many people he prosecuted for doing the same thing.

Just a thought.

ole
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