Legal Corner

Shit, should i be worried?angry_smile
AnotherDonJohn 395 reads
posted

Another website led me to believe this case was pleading out in the summer.  

Anyway, should I be worried they may have my personal info somewhere?

Thought not but just thought I'd ask here.

My first post on this board.

DAVEPHX2771 reads

xxxxx (Guess I can't name site that had reviews but is of course now down) - $2 million bail - Alleged Prostitution ring update

Deeper inside look at the case - all for in private consenting adults alleged money laundering (paying for XX ads) related to alleged prostitution, legal in almost all the world - what a mess in the U.S. tying up the Courts and ruining lives.

No trial date set - maybe 2015 or so and owners may stay in Federal prison since unable to pay $2 million total bail.

No undercover police work needed, just e-mails, ads, reviews, and website brings Federal charges with long potential prison terms.

Federal Charges because used the Internet and phones which crosses State lines for an alleged prostitution enterprise.  29 counts of money laundering. 28 of the money laundering charges are for specific transactions using a TD Bank debit card to pay for ads on xxxxx

Case 1:13-cr-00477-ENV US District Court Eastern New York division
New case, new indictment mid July 2013

The website featured half-naked women in provocative poses available for hourly booking for hundreds of dollars. Clients were also able to rate and review the prostitutes online,  Other site Reviews are specifically mentioned in original indictment.

Both remain In federal prison unable to meet $1 million bail each.  A prior judge and prior attorney agreed on  $25,000 cash bail for each plus mothers home as security. However they can not raise the $25,000 cash.  This is typical problem, all assets found are frozen and can not be used for bail, so money or security for a bond from friends and relatives often needed.

7/18/2013 - New judge ordered a permanent order of detention (keep in prison until trial).
 
7/31/2013 - Highlights from 38 page bail hearing transcript:  

Joint hearing since neither wants to be released from prison without the other (are husband and wife) and long discussion with judge about how they could have a conflict of interest between themselves, but they both wish to continue jointly.  

Admitted the equity in mothers home earlier submitted in prior bail package of $700k was too high. Lots of discussion that they have no foreign connections or family and that the foreign entries in passport were vacation in nature and passport seized.  Had lived in Florida home for 6-7 years but recently returned to Long Island NY and rented home since he was "homesick" (rest of family and children in NY).

In 2006 hewon a civil settlement for about $800,000 (netted about $600K) from a motorcycle accident and paid $225,000 down on the Florida home.  But probably not available as security for bail since subject to forfeiture probably even with the Florida Homestead exemption (that applies to bankruptcy).  

If released from prison would move to mother's large home in Massapequa, NY. Mother and other family members and friends in Court ready to sign security agreements for bail.  Agrees to house arrest if released with electronic monitoring.  Unresolved is the Florida home with about $350k equity but subject to forfeiture order.  Father questioned about income to guarantee bail but is retired on limited income. The 3 willing to guarantee in addition to homes as security admit their wives are concerned but "will let them do it". (Later this becomes a huge problem)

Argues that the AR-15 found at time of arrest was purchased by she prior to marriage and although joint house, he had no connection to the weapon.  He many years ago had a felony conviction - do not know what for - so can not possess a firearm.  

U.S. attorney opposed the proposal noting the prior judge turned down $700k bond based on inflated value of mothers' home vs $1 million.  "This was a long term, ongoing prostitution ring using the Internet."  Argued between 2000 and 2011 there was about $1.7 million deposited into various accounts and believes there are unaccounted for assets. Seizure notices have gone to all banks but believes the balance is only a few thousand dollars.  A lis pendens was filed against the Florida home and believes subject to forfeiture since mortgage payments traced to the prostitution enterprise funds.

Discussion of Costa Rica connection since e-mail account changed to server in Costa Rica, so less able for law enforcement to detect it.  

Discussion of minimum possible guideline sentence is 108 months for Vincent and 70+ months for her - at a minimum. Also issue of a "Diane" from e-mail records picking up money from prostitutes and mother also held funds for business at times, ($24k when moved from Florida back to NY from escort service). Argues that she may be co-conspirator and should not have security of her home accepted for bail.  

Further, when search executed at NY mother's home, evidence of escort service including cubicles set up with phones and sheets arranging appointments for various escorts.

U.S. asks for original $2 million bond (total for both) to be upheld and reject current bail offer of $1 million ($500k each) and the security agreements.

In rebuttal Defense attorney points out escorting is legal and "the government has to show not that they were running an escort service, they have to show they were running an escort service that engaged knowingly and intentionally in prostitution."  Further it may be a long time before trial resulting in a lengthy period of incarceration pending trial.  

Defense also related to one of the mother's children involved (adults) related to an e-mail said, "she is a one percent owner in a business that does parties. You can rent clowns.You can rent strippers. You can rent whatever you need."

Continued

DAVEPHX832 reads

On money in mom's account argued it was for car insurance on two cars being transferred from FL to NY etc.

On fleeing, "If you throw in the electronic monitoring, I think it's pretty hard for them to leave. Even without the electronic monitoring, I don't think they're going to be in that position where they are going to leave and leave the three children, the mother and father, the mother of the children and friends holding the bag for them."  Requests Court approve the bail at $500,000 each and accept the security agreements from family and friends.

U.S. Attorney objects. "The e-mails, the content of the e-mails that I have, first of all, overwhelmingly demonstrate that the defendants were well-aware that the escorts were engaged in sexual activities"  He tries to tie in "Diana" and the mother to the escort services.

JUDGE says, "I think Mr. Conway's (U.S. attorney) only point is that the mere fact that she knows that the defendants are operating an escort service doesn't necessarily prove that she knows that they're involved in illegal prostitution. I think that's his only point and therefore, I shouldn't reject her wholesale as a suretor."

The judge however is concerned about the large amounts of money transferred over the years out of the accounts which have not yet been tracked but will be part of future discovery.

Judge says the bail will remain $1 million each and if the U.S. can show that about $1.5 million went into bank accounts the bail will be increased by $250,000 CASH ONLY EACH!

Judge wants a brief recess for U.S. to bring in agents to testify about the money deposits found in bank records and for mother and others that are willing to put up homes to call their spouses to get approval. Any security for bail will have to be agreed upon by all the spouses to the extent they are on the deeds to the homes.  Judge points out any suretor's must be willing to put all their future income and property on the line for the bail.

After recess and phone calls made to those with spouses, problem of one who has a son who recently underwent brain surgery and concern about large medical costs may need equity in home to pay. He is retired police officer friend that offered to be part of the bail security package.  

And another, Diana who has a child that two days ago got a blood transfusion because he has a ulcerated colitis. The home was the grandmother's who still lives with her at age 95.  Grandma deeded house to Diana on condition she could live in home and be cared for rest of her life. There is no mortgage but a line of credit to help pay for grandma's medical expenses as well as using to pay for college for her son.  

LONG argument ... wants to continue - find out for retired person with sick son if capped lien at $100k need to discuss with bank if would interfere with borrowing for sick son. Judge less accepting of Diana's grandma issue. But judge's calendar is full and then leaving the rotation so will have to be assigned to a new "duty judge"

But Judge says, "I'm not trying to interfere with the cash flow anybody needs to take care of an elderly relative or a sick child, even the government wouldn't want to do that."

No continuation date set.   No trial date set - maybe 2015 or so and owners still in prison on unable to pay $2 million total bail.  

9/24/2013 - Letter from attorney to newly assigned judge seeking appeal or modification of $25,000 cash bond. Attorney points out the assumption was that there was still a large amount of money unaccounted for.  Now, tax returns and other documents during an oral argument support there is no other funds to be found.  

New proposal is to offer home of his mother with equity value of $375k, and two elder children' of mother homes value of about $300k, plus a personal friend pledged $100k secured by his home plus his fathers home. Request is the pledge of security of total of $775,000 plus personal guarantees from two of above but not have to raise $25,000 in cash (each).

This proposal would be a almost half cut in bail since now totals $2 million for both so unless very friendly new judge the owners may continue in prison for years awaiting trial. Federal criminal courts move very slowly since so many cases!

From latest Indictment
Evidence includes TD Bank Surveillance footage at many different times, various branches.  Video of July 2013 search warrants and video of her operating website at home. "Snagit" screen captures of emails from her, videos of search warrant execution at home in Florida. Thousands of records from Citibank, JP Morgan Chase, paypal, AOL emails etc... etc... I looked up home since address given and is a 1476 ft home  which is not that large. Trulia values at $384k. Real estate tax for 2012 was $3350.

Original arrest widely reported in media, including CBS New Yor

It is not illegal to run an escort agency. I though reviews were not admissible evidence. How did the prosecutors were able to build a case based on erotic reviews?  

-- Modified on 11/4/2013 1:02:08 AM

-- Modified on 11/4/2013 1:02:43 AM

DAVEPHX726 reads

Reviews are used by LE as probably cause etc but would be almost impossible to enter as evidence at trial without the writer testifying.  Ads are much more dangerous for LE busts.

However, reviews are often used in plea negotiations to get pleas.  "Look at all these reviews of you...how can you deny you offered money for sex" as an example.

In large cases in Phoenix, whole evidence books full of reviews in police reports.  

Ads however are more direct evidence and can be used.  In many places GFE or worse terms are easy convictions of solicitation.  If more than one women working together, appointment setter, driver, helper in any way converts a misdemeanor (15 days in jail  on 1st offense in Arizona) to criminal enterprise related felony with potential long prison terms.  But most plead and get prison term suspended if complete 6-18 months of supervised probation.  But they are left with a felony record.  Very hard for a felon to get any regular job.

AnotherDonJohn396 reads

Another website led me to believe this case was pleading out in the summer.  

Anyway, should I be worried they may have my personal info somewhere?

Thought not but just thought I'd ask here.

My first post on this board.

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