There's a prosecution in Florida of a lawyer for having sex with his clients. He was charged with prostitution and racketeering.
Racketeering law
applied to Tipler
By GREG McCORD
The Andalusia Star-News
Four prostitution charges in Florida against Andalusia attorney Harvey Tipler may be the least of his worries, paling in comparison to a single felony racketeering charge.
First-offense prostitution charges in the Sunshine State are second-degree misdemeanors, and a conviction usually means a fine and/or a short stint in the county jail.
Racketeering, however, is a first-degree felony in Florida, punishable by — according to prosecutors — up to 30 years in prison, substantial fines and harsh court-ordered civil penalties.
Tipler was arrested Tuesday in Panama City, Fla., after he surrendered to sheriff’s department investigators. He was later released on $25,000 bond.
Investigators say Tipler solicited female clients to engage in sexual acts in exchange for a reduction in his attorney fees, cash and/or gifts.
Tipler’s attorney, David McGee of Pensacola, said pre-election year politics is behind the racketeering charge against his client.
“Even if you assume all of these accusations are true, the most you’re talking about here is a lawyer who may have slept with his clients,” McGee said.
“After 21 years as a prosecutor, seven years as head of an organized crime and drug unit, seven years as an assistant U.S. Attorney and having taught racketeering law for the State of Florida and the federal government — this is the craziest thing I’ve ever seen.
“I’ve never heard of a case like this, and I’d hazard an educated guess there’s never been a case like this in the country,” McGee said.
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In a 1996 case, State of Florida vs. Jackson, the court ruled that, to prove racketeering charges, “the state must allege (that the) defendant acted in concert with another person, organization or entity.”
The court also ruled, “A defendant cannot commit a RICO offense by participating with an enterprise consisting of only the defendant.”
McGee said, since Tipler is the owner of his law practice, The Tipler Law Firm, “My client is accused of associating with himself.”
But Florida case law precedents appear to treat corporations and other businesses, including law firms, as separate entities.
In the Jackson case, the judge wrote, “Though the charging documents did not allege (that the) defendant associated with another human being, they named the defendant’s law firm and seven other corporations as entities through which the defendant conducted his criminal activity.”
