Baskadia

FEDERAL PROSECUTOR, EMMA SPIRO, CHARGES A JOHN WITH A 110-YEAR OLD STATUTE PASSED BY CONGRESS TO PROSECUTE PIMPS & SEX TRAFFICKERS

A new federal prosecutor, Emma Spiro, formerly with the Sher Tremonte LLP law firm, has taken a 1910 statute created for pimps and sex traffickers and is abusing it to prosecute a prostitution customer, Jose Torres. While the prosecutor has charging power, this use is unprecedented. If she is successful, this could open up tens of thousands of johns to federal prosecution for consensual sex with adult prostitutes.

Prosecutor, Emma Spiro, is attempting to use the verbiage of the statute Title 18 U.S.C.S. 2422(a) to twist the purpose of the law to begin an era of charging johns with up to 20-year sentences. The precedent is dangerous, especially in states like New Jersey, where being a patron or john is not even illegal, and subject just to a municipal fine. Torres has been locked up since February 2020 fighting these charges in preparation for trial in October 2023 in the court of District Judge Brian Martinetti. Even though the statute was never intended for use against johns, Judge Martinetti upheld this unprecedented application of the law.

While this case focuses on just one racially targeted black or brown minority, the next step will be the general public, politicians, and public figures. The interstate element required under federal law can be met just by someone crossing from the Washington, DC Tri-state area, say from Virginia to Maryland or into Washington D.C. Imagine when the DOJ starts indicting Congressmen of the opposing party for political gain – the sky is the limit under the new paradigm.

USCS 2422(a) reads:

“(a) Whoever knowingly persuades, induces, entices, or coerces any individual to travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”

Regardless of how AUSA Emma Spiro wants to spin the words “persuades, induces, entices, or coerces,” the Congressional records along with the 110+ year history is clear that 2422(a) was not meant for a patron. On page 9037 of the 1910 Congressional Transcript, it reads that this statute is being passed:

“to put a stop to villainous interstate and international trafficking of women and girls. The legislation is not needed or intended as an aid to the States in the exercise of their police powers and the suppression or regulation of immorality in general. It does not attempt to regulate the practice of voluntary prostitution, but aims solely to prevent panderers and procurers from compelling thousands of women and girls against their will and desire to enter and continue in a life of prostitution.”

“the characteristics which distinguish “the white slave trade” from immorality in general is that the women who are the victims of the trafficking are unwillingly forced to practice prostitution. The term “white slave” includes only those women and girls who are literally slaves.”

For more information, refer to the District of New Jersey criminal case no. 20-cr-418, civil case no. 22-CV-4662, Third Circuit Court of Appeals, case no. 23-1913 and 23-2085. For comments and questions, email:  [email protected]