New York Criminal Defense Lawyer Blog

The office of the United States Attorney for the Southern District of New York yesterday issued a press release that their office will not be pursuing criminal charges against former New York State Governor Eliott Spitzer.

The United States Attorney for the Southern District of New York Michael J. Garcia is quoted as stating:

"Eliot Spitzer has acknowledged to this Office that he was a client of, and made payments to, the Emperors Club VIP. Our investigation has shown that on multiple occasions, Mr. Spitzer arranged for women to travel from one state to another state to engage in prostitution. After a thorough investigation, this Office has uncovered no evidence of misuse of public or campaign funds. In addition, we have determined that there is insufficient evidence to bring charges against Mr. Spitzer for any offense relating to the withdrawal of funds for, and his payments to, the Emperors Club VIP.”

Mr. Garcia was further quoted as stating:

"In light of the policy of the Department of Justice with respect to prostitution offenses and the longstanding practice of this Office, as well as Mr. Spitzer's acceptance of responsibility for his conduct, we have concluded that the public interest would not be further advanced by filing criminal charges in this matter."

Ronald H. Tills, a retired acting New York Supreme Court Justice and Court of Claims Judge must be shocked by the announcement since he pleaded guilty in Federal Court approximately two months ago to violating the federal Mann Act by recruiting out-of-state prostitutes to work at Jesters' meetings in various parts of the country. Mr. Tills is scheduled to be sentenced January 12, 2009. He faces a possible sentence of up to thirty-three months in prison.

Former Governor Eliot Spitzer issued the following statement:

“I understand the Office of the United States Attorney for the Southern District of New York has decided that it will not bring criminal charges against me. I appreciate the impartiality and thoroughness of the investigation by the U.S. Attorney’s Office, and I acknowledge and accept responsibility for the conduct it disclosed. I resigned my position as Governor because I recognized that conduct was unworthy of an elected official. I once again apologize for my actions, and for the pain and disappointment those actions caused my family and the many people who supported me during my career in public life.”

It is possible that U.S. Attorneys from districts other than the Southern District could still be considering bringing charges against former New York Governor Spitzer.