Massive Phoenix Bust August 2008
Extensive Police report is very detailed and very damaging. For legal reasons I am not sharing many of the details on a public board only on the Phoenix Private List by private e-mail. Again much more details only on the Phoenix Private List due to sensitive nature of the details.
Going after maybe thousands of customers from 400 page ledger police found
Chan 15 news 6pm reports thousands of customers names seized and many of them
are well known name everyone will know, "and every single one of them will be
prosecuted."
3 homes seized along with cars etc ..showed neighbors "shocked"!
Rounding up as many of the reported 100 gals that worked for agencies that they
can find.
Hopefully there will be the same kind of public reaction that was against
Sheriff Joe's roundup in 2003 when all the cases were tossed but some providers
till lost their homes or had to buy out the equity when taken under RICO.
This time however Mayor Gordon is fully supportive of the bust and the terrible
horrors of in private consenting adult sexwork.
News reports say most of the clients were out of town and gals local. Obviously
like in D.C. Madam case customers want their identify protected. Worse than
under DC Madam, in AZ, first offense prostitution is mandatory jail time for
both customers and companions. The many felony charges against those related to
the agency carry long prison terms. And the Feds have not even charged yet under
Mann Act which probably applies in some cases.
Obviously a very bad situation and why I have been so outspoken about trying to
organize to change the laws for private sexwork, not street hookers.
County Attorney Thomas stated, “Our office will work to protect the citizens and
neighborhoods of this county from criminal exploitation. We appreciate the
excellent work of the Phoenix police detectives who investigated these
offenses.”
Phoenix Mayor Phil Gordon stated, “These are not victimless crimes. On the most
basic level, those involved in prostitution, and the family members who love
them, are neglected or worse. And the money generated from these illegal
ventures helps fund other criminal enterprises such as drug and smuggling
operations. This is a good use of resources and I thank the County Attorney and
the Phoenix Police Department for working together to make this a better
community.”
Phoenix Police Chief Jack Harris stated, “I would like to commend the men and
women of the Vice Enforcement Unit of the Phoenix Police Department, as well as
the other agencies that have assisted us, for the many hours they have spent and
will spend during the course of this investigation. This investigation
successfully targeted a large scale, sophisticated organization dealing in
prostitution and pornography, which are often referred to as “victimless
crimes”. However, our experience has shown us that these crimes have far
reaching consequences on our community. That is why the Phoenix Police
Department is committed to fighting these types of crimes.”
Massive TV news coverage
Highlights Chan 3 & 12
Pictures of Paul's home and websites.
Over 100 gals worked for the agencies who they are now arresting. "These are not
your typical street walkers, these girls range from your middle class to your
upper class neighborhoods, we have taken them out of some very good
neighborhoods this morning, some still live with there parents." said a police
officer
Most valuable information came from a computer including a 400 page ledger with
lots of names. "Looking at hundreds if not thousands of John's we have to follow
up on at this time. It may take months to go thru that ledger and contact every
name that is included. "
The County attorney says all the John's will be prosecuted if details warrant.
Police refer to taking the head of the snake, revering to Paul and his top
people to stop this criminal enterprise.
From TV reports:
Extensive details in News Release of Maricopa County Attorney Andrew Thomas at
http://www.azfamily.com/images/links/080508DesertDivas.pdf
===============================================
Detailed Reports
Massive LE Operation is ongoing
Alert from the Phoenix Private List
Busted at least 3 well known on TER agencies
Monday morning 8/4/2008 on scene report at Desert Diva's of "CSI" Van which was
probably the Phoenix Police Command Van, with lots of Phoenix police, as well as
black SUV's which could be FBI. Lots of boxes taken out by police. Am told they
did keep lots of records.
A provider says, "i would not be surprised if clients are revealed by these
agencies '
Also many reports that Paul's two other agencies were raided, AZ Confidential
and HIPS.
Paul's mug shot now up on mcso site and others arrested including:
From a provider:
Charges pending against Paul, Scott, Shawn and Billi (Paul's Assitant). Charles,
Chloe, and a few others have been arrested for some of these charges as well as
different ones. The police raided the office yesterday morning and and as far as
I now know, the CSI team is still there. We aren't allowed on the property, and
I dont know of anyone hearing from Paul or Scott. THe police were carrying boxes
out to the vans, but I dont know what all they took. I have talked to some of
the other girls and no one has heard from them, so there are alot of unanswered
questions at this point.
STIRLING, LOUIS
001 FELONY COUNT OF CONSPIRACY
001 FELONY COUNT OF ILLEGAL CONTROL OF ENTERPRISE
001 FELONY COUNT OF MONEY LAUNDERING
001 FELONY COUNT OF MAINTAIN HOUSE OF PROSTITUTION
VANLEEUWEN, WHITNIE LYNN
001 FELONY COUNT OF CONSPIRACY TO COMMIT ILLEGAL
CONTROL OF ENTERPRISE
001 FELONY COUNT OF ILLEGAL CONTROL OF ENTERPRISE
001 FELONY COUNT OF MONEY LAUNDERING 2ND DEGREE
001 MISDEMEANOR COUNT OF PROSTITUTION
BEECH, ADAM PATRICK
001 FELONY COUNT OF CONSPIRACY
001 FELONY COUNT OF ILLEGAL CONTROL OF ENTERPRISE
001 FELONY COUNT OF MONEY LAUNDERING
001 FELONY COUNT OF RECEIVE EARNINGS OF PROSTITUTE
001 FELONY COUNT OF MAINTAIN HOUSE OF PROSTITUTION
003 FELONY COUNT OF INDUCE TO PROSTITUTE
MAYFIELD, BILLI DANIELLE
001 FELONY COUNT OF MONEY LAUNDERING
001 FELONY COUNT OF CONSPIRACY
002 FELONY COUNT OF ILLEGAL CONTROL OF ENTERPRISE
001 FELONY COUNT OF MONEY LAUNDERING 2ND DEGREE
001 FELONY COUNT OF USE ELEC COMMUN DRUG TRANSACT
001 FELONY COUNT OF RECEIVE EARNINGS OF PROSTITUTE
001 FELONY COUNT OF MAINTAIN HOUSE OF PROSTITUTION
002 FELONY COUNT OF INDUCE TO PROSTITUTE
NICHTA, PAUL ANDREW
001 FELONY COUNT OF MONEY LAUNDERING
001 FELONY COUNT OF CONSPIRACY
002 FELONY COUNT OF ILLEGAL CONTROL OF ENTERPRISE
001 FELONY COUNT OF MONEY LAUNDERING
001 FELONY COUNT OF USE ELEC COMMUN DRUG TRANSACT
002 FELONY COUNT OF RECEIVE EARNINGS OF PROSTITUTE
001 FELONY COUNT OF MAINTAIN HOUSE OF PROSTITUTION
003 FELONY COUNT OF PANDERING
SANDERS, CHARLES LEE
001 FELONY COUNT OF CONSPIRACY
001 FELONY COUNT OF ILLEGAL CONTROL OF ENTERPRISE
001 FELONY COUNT OF MONEY LAUNDERING 2ND DEGREE
001 FELONY COUNT OF MAINTAIN HOUSE OF PROSTITUTION
002 FELONY COUNT OF INDUCE TO PROSTITUTE
SHIFMAN, PETER JAMES
001 FELONY COUNT OF MONEY LAUND KNOWINGLY INITIATE
001 FELONY COUNT OF CONSPIRACY
002 FELONY COUNT OF ILLEGAL CONTROL OF ENTERPRISE
001 FELONY COUNT OF MONEY LAUNDERING 2ND DEGREE
001 FELONY COUNT OF RECEIVE EARNINGS OF PROSTITUTE
001 FELONY COUNT OF MAINTAIN HOUSE OF PROSTITUTION
002 FELONY COUNT OF INDUCE TO PROSTITUTE
Also
List of defendants involved in this case - Scott is listed
http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2008-007359
Listing of many many referrals to the Grand Jury indictments , arrest warrents
etc.
NEWS REPORT from AZcentral.com
PV man alleged ringleader of prostitution ring
Associated Press Aug. 5, 2008 11:43 AM
Phoenix police say they've broken up a major prostitution ring that operated in
the region and set up dates through Web sites.
More than 100 people worked for the organization police allege was mainly
centered in metropolitan Phoenix. Most were prostitutes, but many also managed
the operation. Paradise Valley resident Paul Nichta is the alleged ringleader.
The 32-year-old was one of nine "key players" arrested in raids that began
Monday in the Phoenix area. Police say they seized three homes, a variety of
guns and eight vehicles, including a Ferrari.
Police say the ring had ties to New Mexico and Pennsylvania, and additional
arrests were made in Philadelphia and Albuquerque.
Police plan a press briefing Tuesday afternoon to provide more details.
NEWS REPORT from azfamily.com
Phoenix police bust large prostitution ring
11:55 AM Mountain Standard Time on Tuesday, August 5, 2008
Phoenix Police Department
PHOENIX - The following is a release from the Phoenix Police Department:
In August, 2007, the Phoenix Police Department received information of an
organization involved in prostitution. It was soon determined that the umbrella
organization run by Paul Nichta, called "Night Entertainment Partners", was
providing prostitutes through numerous web sites with titles such as "Desert
Divas", "Az Confidential", "Hips Tours", and "Escorts in Action".
This organization contains over 100 people, mostly prostitutes, but many in
management roles. This organization served hundreds of customers, or "johns".
The organization filmed pornographic acts with the prostitutes which were
available for viewing through the internet. Clients ordered service through
their various internet web sites.
The investigation has connections to Philadelphia and Albuquerque, New Mexico.
Philadelphia Police Department Vice detectives arrested one suspect in this
case. Albuquerque Police Department Vice Unit detectives conducted a search
warrant on the organization's office ("Desert Divas New Mexico") in Albuquerque
yesterday, arresting several suspects. However, the vast majority of the
organization's activities were conducted right here in the valley.
The Phoenix Police Department worked this investigation in conjunction with the
Maricopa County Attorney's Office. We were assisted by the Scottsdale Police
Department, the Maricopa County Sheriff's Office, the Mesa Police Department,
the Philadelphia Police Department's Vice Unit, and the Albuquerque Police
Department's Vice unit.
The first arrest phase of the investigation began yesterday and is continuing
today. Nine search warrants were conducted throughout the valley. Nine of the
top members of the organization were arrested and are listed below. Three
residences were seized. A least eight vehicles and one motorcycle were seized.
Financial seizures were made. 6 rifles, 12 handguns, and 2 silencers were seized
at Mr. Nichta's Paradise Valley residence. Some of the prostitutes have also
been arrested. More arrests are expected throughout the day today and in the
weeks ahead.
The Phoenix Police Department will continue the investigation into this
organization. Any future identified suspects will be submitted by Phoenix Police
Department investigator to the Maricopa County Attorney's Office on all
suspects, whether they are involved as organizers, prostitutes, or customers. No
identified suspects will be exempt from investigation in this case.
----
Many news reports now on the national wire services
PV man alleged ringleader of prostitution ring
Arizona Republic - Phoenix,AZ,USA
AP Phoenix police say they've broken up a major prostitution ring that operated
in the region and set up dates through Web sites. ...
Nationwide Internet prostitution ring linked to the Valley
ABC15.com (KNXV-TV) - Phoenix,AZ,USA
The Phoenix Police Department began the first arrests of several suspects
believed to be involved with a nationwide prostitution organization on Monday.
...
---
IF YOU ARE ARRESTED - SAY NOTHING TO POLICE WITHOUT AN ATTORNEY PRESENT !!
See Know your rights! What to do if you are visited or stopped by the police.
At http://www.sexwork.com/legal/Knowyourrights.html
Updated information will be on the Private List board and the Phoenix Private
List or posted here if major new developments.
As a provider said, "why don't they go after child predators and real crimes" As
I have pointed out for years, all this action against in private consenting
adult activities legal at least outcall in almost all the world except the U.S.
KEEP SAFE.
===============================================
New Release
Maricopa County Attorney
August 5, 2008
55 Indicted in Massive Prostitution Ring
Lucrative Call Girl Operation Made $250,000 a Month
County Attorney Andrew Thomas announced today that more than 50 people have been
charged in a 17- count indictment involving a major prostitution ring in the
Valley. According to records obtained through a joint investigation by the
Phoenix Police Department and the County Attorney’s Office, defendant Paul
Nichta allegedly led a criminal enterprise that made bank deposits of $250,000 a
month. Nichta allegedly used a series of escort service businesses as a front
for prostitution. Those businesses include:
• Desert Divas LLC
• Night Partners Entertainment
• NPE Management Services
• Hips Touring LLC
• Escorts in Action
• AZ Confidential
• Desert Divas New Mexico
According to the probable cause statement filed by Phoenix Police, most of the
companies were registered with the City of Phoenix or the Arizona Corporation
Commission. The operation was based in midtown Phoenix and also included a
pornographic website which showed “Escort Reviews.”
Once a week Nichta would hold so called “meet and greets” at Valley restaurants
so that prospective customers could meet the escorts in person.
The probable cause statement goes on to say the escorts were recruited by Nichta
through ads in the New Times and websites promising escorts incomes of up to
$30,000 a month. Two former escorts told police they made about $2,000 a night
but could also earn an additional $15,000 a night in tips.
Phoenix Police, working on a tip received by Scottsdale Police, started the
investigation about a year ago in cooperation with the County Attorney’s Office.
The investigation included financial records, computer records and interviews
with former escorts.
On July 24, 2008, a Maricopa County grand jury handed up a 17-count indictment
naming 55 defendants. On August 4 and 5, 2008, Phoenix police began making a
series of arrests.
The charges in the indictment include:
• Illegal Control of an Enterprise, a class three felony
• Conspiracy to Commit Illegal Control of an Enterprise, a class three felony
• Illegal Participation in an Enterprise, a class three felony
• Money Laundering, a class two felony
• Money Laundering, a class three felony
• Operating or Maintaining a Prostitution Enterprise, a class five felony
• Pandering, a class five felony
• Receiving the Earnings of a Prostitute, a class five felony
• Prostitution, a class one misdemeanor
• Employment in prostitution, a class one misdemeanor
• Use of Wire or Electronic Communication in Drug Related Transactions, a class
four felony
Veteran Deputy County Attorney Laura M. Reckart is prosecuting the case.
Thomas stated, “Our office will work to protect the citizens and neighborhoods
of this county from criminal exploitation. We appreciate the excellent work of
the Phoenix police detectives who investigated these offenses.”
Phoenix Mayor Phil Gordon stated, “These are not victimless crimes. On the most
basic level, those involved in prostitution, and the family members who love
them, are neglected or worse. And the money generated from these illegal
ventures helps fund other criminal enterprises such as drug and smuggling
operations. This is a good use of resources and I thank the County Attorney and
the Phoenix Police Department for working together to make this a better
community.”
Phoenix Police Chief Jack Harris stated, “I would like to commend the men and
women of the Vice Enforcement Unit of the Phoenix Police Department, as well as
the other agencies that have assisted us, for the many hours they have spent and
will spend during the course of this investigation. This investigation
successfully targeted a large scale, sophisticated organization dealing in
prostitution and pornography, which are often referred to as “victimless
crimes”. However, our experience has shown us that these crimes have far
reaching consequences on our community. That is why the Phoenix Police
Department is committed to fighting these types of crimes.”
Active Discussion on a
Canadian Board I am well known at
Canadian Comments:
Americans are so intense when it comes to this sort of thing. It never ceases to
amaze me the preconceived notions (Disease, drugs, pimps, violence, coersion,
etc.) that so many people have with respect to the pay for sex industry. Sure,
there's the 20 dollar street walkers out there, but there's a lot more to the
industry than that.
It's also interesting that Americans WANT their politicians to somehow enact
legislation to enforce morality. Left over from the Puritan Pilgrims I suppose.
(Pilgrims = Religious whackos the British wanted rid of.)
=====================================
You know for a country that prides itself so much on individualism I cannot for
the life of me understand LE's fascination with cracking down on an industry
that is mainly victimless and is the result of a transaction between two
consenting adults. I understand the underage issues, the street issues, the drug
ties with pimps but cracking down on legitimate agencies and independents is
misguided and quite frankly a waste of resources and tax dollars.
=====================================
The entire tone of escorting in the U.S. will change significantly if they begin
slapping some criminal charges on some Johns in AZ. The general assumption is
that the ladies and the organizations crash and burn, while the Johns quietly
slip out the back door. It will certainly change the landscape if they take that
approach.
It'll also put the D.A.'s office under some intense heat, if they make that
decision. Wouldn't want to be them, when it's all said and done. No matter how
you cut it, or where you go: the black books always have a nice grouping of a
community's establishmentarians within their records.
As alluded to above, it'll also be interesting to see the political fallout.
=====================================
The US is on the downgoing spiral in a large way.
Have difficulty understanding why Americans- who managed successfully stick for
example to their guns- because of the governement appeal on so called religion
based morals- are willing to tolerate such an obvious governement suppression
and abuse. I dont understand how people can any more live in the US and put up
with a lot of abuse.
=====================================
Dave in Phoenix says
If they really do arrest many customers, we might try and change a bad situation
into something possibly beneficial.
I am going to put out ideas on my Phoenix Private List that goes to 500 folks,
suggesting if we can contact those arrested and maybe consolidate efforts to
fight the charges and maybe if some rich folks are snagged we can mount a public
relations campaign about how much money, LE and court resources are being wasted
on consenting adult "morality" crimes legal almost everywhere else in the world.
Actually I am speaking next week at the Phoenix Libertarian meeting. I do not
agree with all their positions but we are on the same page regarding private
sexwork. They also have a very vicious lawyer - known for his tactics.
The irony is we need enough of the right people arrested that will want to fight
it, yet of course we don't want folks arrested. It will be interesting the next
few weeks.
I really doubt if the customers can be convicted but the City can make life
miserable with worry about being exposed and the court proceedings.
=====================================
AZ Republic Article
8/6/2008 - just new or modified info:
Investigators have yet to scour a 367-page ledger filled with client information
that was confiscated during the raid. Schemers estimated there are "hundreds of
thousands of johns" who have used the service since it began six to seven years
ago.
Also Tuesday, police arrested Dr. Ross Levatter, a radiologist, at an
undisclosed hospital in the East Valley. Various online references for Levatter,
53, list the doctor as having worked in Phoenix at Banner Good Samaritan Medical
Center and Phoenix Children's Hospital. Levatter has also served as vice
chairman for the radiology department of Maricopa Integrated Health System.
Schemers characterized Levatter as having a managerial role in the enterprise.
Records from the New Mexico Public Regulation Commission show Levatter as
"organizer" of DDNM, or Desert Divas New Mexico. DDNM was a recent outgrowth of
the Valley operation; a license for the New Mexico venture was obtained in
February.
The Philadelphia operation was short-lived. Schemers said organizers appeared to
get "cold feet" in March, after then-governor of New York Eliot Spitzer admitted
he was a client of an unrelated, international prostitution ring.
==================
The irony is the good records are a great defense against the money laundering
charges!
But still bad - most are still in jail with very high cash bonds with all their
assets frozen so have to look to friends and relatives for bond money or
collateral plus 10% cash.
Some of gals are making the lowest bond of $5,000 but huge amounts of bail set
for those directly involved.
Problem for customers is some of the gals are talking in fact some were LE
plants. Some of the customers are "very very high up" well known. discussed with
Attorney idea of working together to fight case in the media, using common
attorney's etc.
Yes can work except can be a conflict of interest between attorney's
representing agency/gals vs customers. So customers will eventually need
seperate attorneys than agency related defendants.
Case could draw on for years.
Of the 55 currently charged probably most will settle in a plea bargain so not
big demand on Courts. But if zillions of customers want to fight could drag down
the Court system which could be good publicity against private consenting adult
prosecutions.
Also we should look at the Democratic candidates for County Attorney and try and
find their positions. Sadly unlike with Sheriff Joe where cases all tossed
Current Republican Country Attorney wants to go after and prosecute the
thousands of customers found in the agency records.
More crap
about just being high paid street hookers from KTAR.com:
Kathleen Mitchell, founder of Dignity House, a place that helps former
prostitutes, said money trouble is the main reason and escort services seem a
better alternative to the streets.
"So the girls work escort, massage, any of that kind of stuff, try to make
themselves feel better, say ‘well, I made more money than that girl working on
the street' and they're doing the same doggone thing," she said. "And, it's the
money that makes them feel a little bit better." Mitchell said the reality is
"the feelings underneath it are still the same. Degradation, hurt and anger."
She said eventually these women are so deeply involved, it's nearly impossible
to get out.
If you know someone who needs help overcoming prostitution, visit
www.catholiccharitiesaz.org.
It seems
whenever an agency is busted in the U.S. they find they made $millions.
Compare that to Canadian agencies at least the ones I know about in
Toronto/Niagara Falls/Hamilton
Typical price for zillions of great providers is around $200/hr ($180 in the
Falls and Hamilton). Of that the agency gets $20-25, the driver gets 20-25 and
the provider gets the rest. Lots of clients, driven to all
appointments, no legal issues. The agency owners make a living but not the
millions they make in the U.S.
Arguments about vagueness of AZ prostitution laws
I have no idea if a defense attorney would find these ideas useful to argue, but
these come from someone who has been fighting "sex tourism" charges in NY State
(and winning) for years, Douglas Allen of BAO Tours. We have been sharing info
and defense ideas for years. He is trying to help with ideas to fight the AZ
laws. Arizona law is similar to other state laws. Cities can also make more
restrictive laws.
Under AZ Statute 13-3211
2. "House of prostitution" means any building, structure or place used for the
purpose of prostitution or lewdness or where acts of prostitution occur.
(what is lewdness and what has lewdness got to do with prostitution? This is
constitutionally vague and would have to be thrown out if challenged.) So we are
back to the evidence and they have to prove that somebody paid for a BJ's or
intercourse with a specific amount of money. There can be no double standard if
a person can rent, own or even posses a XXX rated video or DVD in the State of
Arizona then paying for time is legal. Either all porn has to go or the escorts
have to be legal you can't have it both ways.
5. "Prostitution" means engaging in or agreeing or offering to engage in sexual
conduct with another person under a fee arrangement with that person or any
other person.
This law works fine on street walkers that sell BJ's and Intercourse for a fee.
Then becomes constitutionally vague when applies to porn people and escorts.
This does not apply to porno people and escorts because they never sell BJ's or
intercourse. Read the whole law every last bit of it and tell me where there is
any discussion of the sale of time. The definition of prostitution is the same
as in New York State.
6. "Prostitution enterprise" means any corporation, partnership, association or
other legal entity or any group of individuals associated in fact although not a
legal entity engaged in providing prostitution services.
New York tried this one on Big Apple but the judges could not figure out what a
prostitution enterprise was. Before this can be applied somebody had to pay a
fee for a BJ or intercourse. If that happened they are guilty if not then no
prostitution occurred and this was an adult entertainment business and perfectly
legal.
8. "Sexual conduct" means sexual contact, sexual intercourse, oral sexual
contact or sadomasochistic abuse.
(Sexual conduct does not mean sexual contact they are different legal terms with
specific legal meanings. To blur the meaning of sexual conduct or to stretch the
meaning means there is no meaning and it becomes constitutionally vague as
Conduct is different for Contact and or Sadomasochistic behavior which is not
prostitution at all? Serious problem here.) Sadomasochistic behavior seems to be
S and M and does not separate voluntary S&M from forced S&M. Arizona is way off
base on this area.
9. "Sexual contact" means any direct or indirect fondling or manipulating of any
part of the genitals, anus or female breast
(This is the correct meaning for contact but has nothing to do with
prostitution? I'm guessing that this meaning has been on the books fifty years
or more and was not revised in the last two years.) Sexual Contact is also
illegal and not usually discussed in the charges. Note that touching the rear
end of a dancer is illegal in Arizona. In New York the law says in "public"
which means in private any can be done and there is no mention of consent.
10. "Sexual intercourse" means penetration into the penis, vulva or anus by any
part of the body or by any object.
(Ouch an object“ in the penis?” How do you have intercourse “in the penis”? Does
anyone speak English in Arizona or did the last one go down with the battleship?
No dildo’s nasty.) This expands the meaning of intercourse a bit and further
defines sexual contact which in New York is penetration no matter how slight.
Dave says:
Attorney Robert Arentz has a good website about Arizona law having a unique
approach with its prostitution with its mandatory 15 consecutive days in jail
for any prostitution misdemeanor. Normally the maximum penalty is six months in
jail and a fine up to $2500. But judges often gave far lesser sentences
including probation or only having to go to jail on weekends so can work during
the week. No more for prostitution convictions. Now its 15-180 days mandatory
consecutive jail time - no discretion by judges. I do not know anyone who has
used Robert Arentz but website for Prostitution Defense is
http://arizonacriminallaw.info/html/prostitution.html
Instead of just taking what the law gives, I of course have advocated for years
a strong defense and public awareness of wasted resources. However the only
nationally organized group fighting for private sexual rights is SWOP with their
doomed strategy of insisting on the right of street hookers to be a public
nuisance. This will fail in San Francisco just like it failed overwhelmingly in
Berkeley due to their insistence of including street hookers instead of just
private sex work.
Regardless of the fine points of legal arguments, in the U.S., you pay and
expect to have sex (from reviews reporting sex etc) you get convicted. I have
never heard the pay for time not sex ever a winning argument although we would
like to make it one.
The customers and gals usually are not sharp enough to make statements they only
charge for time. They hang themselves before this can be argued when they talk
to much because they are scared. Some of the gals in mug shots are in tears and
this is many hours after their arrest.
The issue is to change the law or pressure those in power not to waste public
resources going after in private consenting adult sexuality.
The fine points of the law I leave to the attorney's but hope some will consider
some of these points and use a Lawrence vs. Texas argument.
From Doug's BAO Partner
Dear Dave,
Let me offer a few brief comments. I stand by Doug's analysis and do not
consider any of the defendants to be criminals unless they resorted to force or
fraud in the business or dealt with narcotics, underage escorts or aliens
working without proper legal sanction.
The defendants, especially the stressed out escorts, who may have said that
customers paid for sex are not lawyers who have acquired the sophisticated
understanding of the law that Doug and I have developed over five years of
fighting our battles. Indeed, I would say that many lawyers have not read the
law carefully enough to challenge the vague terminology of the statute. Wherever
the law contains words and phrases such as "any," "anything," "any other," and
"including but not limited to," that law should be struck down in court as
failing to provide a clear standard of enforcement and putting too much
discretion in the hands of police and prosecutors.
Finally, for public relations purposes, those pushing this case should be
portrayed repeatedly and loudly as voyeuristic perverts squandering millions of
tax dollars as a response to their own private demons and pathologies. Sort of
like Eliot Spitzer. Only by turning the tables on them will you win the war of
public opinion. Not only is the best defense a good offense, but you will be
telling the truth as well.
Norman Barabash
Dave notes I have discussed their legal battle which they have won related to
Big Apple Oriental Tours (BAO). A brief summary is at Wikipedia although does
not include that charges have been refilled again after all the wins by BAO -
http://en.wikipedia.org/wiki/Big_Apple_Oriental_Tours Doing a Google
search finds a lot more as will a search for my prior articles about BAO on
sexwork.com