Articles Posted in Escort Services, Prostitution and Unlicensed Massage

Recently, in People v. Magali Rodriguez, a NY criminal defense lawyer argued in Brooklyn (Kings County) that the complaint alleging Prostitution against his client was facially insufficient and should be dismissed. Specifically, the NY criminal defense attorney argued that the complaint alleged that a third party, and not his client, received payment for the agreed upon sexual services between his client, the alleged prostitute, and the undercover police officer. Therefore, the defendant did not make the actual agreement.

Brooklyn Criminal Court Judge Michael Gerstein disagreed with the criminal defense attorney and denied the suppression. Citing People v. Choi, 18 Misc.3d 1122, (Crim. Ct. N.Y. Co. 2008), Judge Gerstein stated “that the mere fact that an agreement to engage in sex for money was secured through a procurer does not render [a] Complaint [alleging Prostitution] insufficient.”

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It is no surprise to this experienced New York criminal defense attorney that another “Spitzer Girl” just pleaded guilty today in relation to her involvement in the Prostitution and Escort Service ring known as Emperors Club VIP. Law enforcement is diligent and detailed in their investigation and prosecution of Prostitution crimes. As a former prosecutor in the Manhattan District Attorney’s Office, I am personally aware of the length that law enforcement will go in collecting and analyzing phone, bank, email and surveillance records to catch their target.

Although Ms. Hollander was not alleged to have engaged in the act of Prostitution, Ms. Hollander apparently violated other criminal statutes including conspiracy to violate the Travel Act. In connection to that statute, Ms. Hollander apparently admitted that she crossed state lines to further an illegal business. That business? Well, it is called Prostitution.

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NY criminal defense attorneys must always be aware of legal decisions and the impact on the charges that their clients face. Those legal decisions as they relate to Prostitution, Escort Services and Unlicensed Massage are no different. That is one of the purposes behind EscortDefense.Com.

Recently, on June 26, 2008, Judge Marc Whiten, of the New York (Manhattan) Criminal Court, denied a criminal defense attorney’s motion to dismiss where the defendant was charged with both one count of Prostitution pursuant to New York Penal Law ､230.00 and one count of Attempted Unauthorized Practice of a Profession (“Unlicensed Massage”) pursuant to New York Penal ､110 and Education Law ､6512[1].

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Elliot Spitzer, The Emperor’s Club VIP, Ashley Dupre, Kristin Davis, Wicked Models…Clearly, those working in the oldest profession right here in Manhattan, and the men who seek their services, are still pushing the limits of the law. As a former prosecutor who served for seven years under Robert Morgenthau in the Manhattan District Attorney’s Office and as a NY criminal defense attorney, there is little doubt in my mind that law enforcement will continue to aggressively investigate, arrest and prosecute people involved in prostitution related crimes.

Unfortunately for those charged with crimes relating to prosecution, the District Attorney can charge you with a gamut of offenses depending on your involvement and activities. Some of these crimes include Prostitution, Patronizing a Prostitute, Promoting Prostitution and Permitting Prostitution. Believe it or not, you may even be charged under Education Law Sections 6512(1) and (2) for engaging in an unlicensed massage. However, the more large scale the operation or “high end” the organization, additional charges may come into play such as Money Laundering in association with the illegally obtained funds. For the purpose of the entry, however, we will direct our attention to Prostitution. Future entries will address Patronizing a Prostitute, Promoting Prostitution and Permitting Prostitution.

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