DOJ Prosecutor Illegally Indicts an Adversary of Her Former Employer
Sep 20, 2023
Newark, New Jersey Sep 20, 2023 (Issuewire.com) - Court documents in United States v. Torres reveal that DOJ Prosecutor Emma Spiro left her job at a private law firm and charged an adversary of her former employer, Sher Tremonte LLP, with a federal charge. Federal law restricts prosecutors from engaging in any matter related to their former employer for two years from starting employment with the government, to avoid using their position of power to benefit or attack their former employer. See: case#: 20-418(BRM)
The statute that Federal Prosecutor Spiro used to charge and indict defendant Jose Torres is a statute passed in 1910, called The White Slave Act - 2422(a) to criminalize sex trafficking, yet Torres was only a john having consensual sex with adult escorts. Congress stated that this law's purpose was "to put a stop to villainous interstate and international trafficking of women and girls." "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 to enter and continue in a life of prostitution."
Torres is a john, not a pimp, or a sex trafficker. While 2422(a) carries a sentence exposure of 20 years, in New Jersey being a customer of a prostitute is a municipal fine and not a crime. Prosecutor Emma Spiro is using the verbiage of the 2422(a) statute to twist the purpose of the law.
While in this day and age of rampant prosecutorial misconduct, finding remote laws to charge people with may seem par for the course, but using them against your former employer's adversaries is illegal.
Instead of the DOJ firing the rogue prosecutor and dismissing the case, the DOJ has chosen to double down. On April 28, 2023, United States Attorney Philip Sellinger wrote to Judge Brian Martinotti asking the court to place restrictions on Torres.
Just ten days later, Torres' attempt to bring this matter to the public's attention was restricted when Judge Martinotti removed his pro se status. Torres' pro se filings regarding this conflict of interest were all removed from the public docket. Torres' trial date is set for October 3, 2023, in Newark, NJ. For information: 516-343-2929.
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