By JODI SOKOLOWSKI
Buffalo Law Journal

In the wake of Gov. Eliot Spitzer's resignation over his use of a prostitution service and allegations of related criminal activity, questions abound about what's next for Spitzer.

Those questions range from whether Spitzer will face any criminal charges to where his career is headed, and whether economic-development efforts in Upstate New York will continue as planned under the administration of Gov. David Paterson, who is scheduled to be sworn in today.

American College professor Ronald Duska, who believes Spitzer's actions stem from a simple case of hubris, says a public servant's inappropriate actions are more than just a private matter.

"A person who governs or prosecutes and is consorting with prostitutes is putting themselves in an incredible situation where conflicts of interest abound," said Duska, who is Charles F. Lamont Post Chair of Ethics and the Professions at the American College. "(He) ought to be ruling with integrity. Whether you can split yourself in two parts is the long-standing question in ethics. It seems if you cheat here, you will cheat over there."

The key for prosecutors, in the event that criminal charges are filed, is to "avoid disparate treatment," said Terrence Connors of Connors Vilardo LLP.

"(Spitzer) shouldn't be given favorable treatment, but (he also) shouldn't be held up to ridicule and scorn because he's an elected official. That's the balance that the prosecutors have to strike in these circumstances," Connors said.

Criminal charges possible

Michael Garcia, the U.S. Attorney for the Southern District of New York, said March 12 that he had reached no deals with Spitzer relating to his resignation, leaving open the possibility that Spitzer could face criminal charges.

He could be charged with breaking several laws, from the state's antiprostitution laws to federal money-laundering and interstate-sex prohibitions.

While the statute is outdated and rarely used, Spitzer could be charged under the Mann Act, which makes it illegal to transport women across state lines for the purpose of prostitution or "debauchery." The federal law, passed in 1910, has rarely been applied against customers of prostitution, but the four people suspected of running the Emperor's Club V.I.P., the prostitution service Spitzer allegedly used, were charged with violating the Mann Act and with additional crimes, including money laundering.

Buffalo lawyer Rod Personius said an "aiding and abetting" provision of the statute could be applied to Spitzer's actions.

"At least under a theoretical basis, he violated the Mann Act," said the Personius Melber LLP partner.

Spitzer might also be charged with the federal crime of "structuring" based on how he paid for the prostitute's services. It's believed that he channeled the funds through a shell corporation in order to avoid a federal rule that requires banks to report suspicious activity of $10,000 or more per transaction.

"He potentially engaged in potentially criminal financial transactions," said Joe LaTona, a Buffalo solo practitioner.

As to possible prostitution charges, hiring a prostitute is a felony in the District of Columbia, where the incident in question occurred, but is a misdemeanor in New York state, where the Emperor's Club is based.

"I'm sure his attorneys are engaging in extensive conversations with the Attorney General's Office as what can be accomplished with an agreed-upon resolution," LaTona said.

Lawyer-discipline measures

Spitzer could lose his law license if convicted of felony charges.

Sources said Spitzer's actions would not automatically spur an investigation by the relevant Attorney Grievance Committee, but that such a probe could follow criminal investigations.

"There's certainly exposure on multiple levels for identified activity he's engaged in, but whether (federal prosecutors) will pursue it or not" is unknown, Personius said.

Nevertheless, the Grievance Committee might have enough evidence, specifically after grand-jury indictments are complete, to conduct an investigation.

"His conduct would certainly implicate his professional obligations, and in all likelihood will have to be looked at by someone n the Grievance Committee," Personius said. "Given the publicity it's received and the fact that there's evidence that exists that he engaged in this conduct, I think it has to be looked at."

Disbarment would be automatic if Spitzer were to be convicted of a felony. Even if he is not, the Grievance Committee could still consider his actions to amount to a "serious crime" that could lead to a suspension or disbarment, and could also investigate his "moral turpitude" and "fitness" as a lawyer.

"I'm assured there'll be some type of investigation by the Grievance Committee," Personius said.

Where does he go from here?

What's next for Spitzer depends greatly on whether he'll face criminal charges and the subsequent aftermath of conviction or acquittal, sources say.

While many former elected officials work as lobbyists or consultants following a scandal, Spitzer's career choices would be greatly limited if he loses his law license.

"I don't know if you can measure the long-term damage to his reputation or whether he would have value as a lobbyist down the road," Personius said. "With this type of baggage, I can't predict where he'd end up."

Regardless of whether Spitzer retains his law license, he'll most likely have a daunting time in securing work, even if he wants to return to public service, as he suggested when he announced his intention to resign.

"His political career is dead," LaTona said. "In terms of lobbying, he'll certainly encounter great difficulties in having public officials associate themselves with him."

Even if Spitzer doesn't find work in legal or political circles, however, Personius believes he's likely to "land on his feet."

"He seems to be a survivor," he said. "Here's someone who's talented, resourceful and ambitious, so I would have to think he's going to land on his feet at some point. Where that's going to be is hard to say now."