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Aiding and Abetting?

Title:

Aiding and Abetting?

Published: Thu, 10 Sep 2009

Description: Will undercover ACORN video result in criminal charges? Kelly's Court is in session

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Automatically Generated Transcript (may not be 100% accurate)

" Exemption on the docket today -- foreign workers caught on camera. Appearing to tell you suppose it prostitute. How to hide her occupation for tax purposes. Also how to classify it under age prostitutes. As dependents. And apparently willing to arrange an acorn housing. -- house that could be used as a brothel."

" Okay. Okay yeah. So you don't wear black all."

" Four. Tend to."

" Dependent."

" you okay. -- it's. You -- Yeah. Maybe you can. Yeah he's down everything political my beautiful performances. It can't make. It's. What else here."

" Again. Well after running that video and other video like -- warning Fox News is Shannon Bream knocked on the door of the acorn office in Baltimore. Where this happened and here's what happened to her."

" What I seen lately Fox News Harry well you know I'm Harry that come with Hamachi."

" Five. On the gravity that it could have any questions you can in the contact international communications."

" Well -- national communications person national spokesperson. It Scott Levenson. And he issued a statement. Saying that this portrayal is false and defamatory and an attempt at gotcha journalism. The film crew tried to pull this sham and other offices and failed. Acorn wants to see the full video before commenting. Further that's where Scott Levenson leaves it needless to say he's our potential crimes shown on this tape so could. And should criminal charges be in store for the -- workers. Or for acorn the group. Let's ask our panel defense attorney mark backlash. And trial attorney we Armstrong a big family in Italy and unusual today on the court we're gonna talk a little bit and that we go to break we're gonna bring you back. Because this is a big story that deserves proper attention I want to give you -- disclaimer for you you've only seen what was shown to viewers this is just breaking. So we're all trying to get our arms around what the legal significance of this it's but obviously able skilled attorneys -- we -- we had UA you know what you have seen so far mark let me start with you. -- what what if any are the potential crimes that we have seen the videotape we've run this morning. Or what you've seen on big government dot com where that entire thing is posted."

" I've actually read a lot more than what you just showed your viewers and and that's the key it's all -- sensitive. First of all again do we have the big picture no we haven't seen everything but what I see you know what I've read. Assuming that to be true they're potentially conspiracy charges here. Conspiracy requires. An agreement to do something unlawful and an acting furtherance so there's an agreement to assist. In creating the brothel in tax evasion. A number of other offenses and act in -- other than this discussion. Is okay and now there's a feed for it there's no question that conspiracy would apply."

" We do you agree I mean is this. Is this is is there any question that if they truly believe that these people peddling child prostitutes to promote the United States and live at a brothel. And why acorn to help them get a loan to get that housing right that this woman's assistance would be illegal."

" I have some bad news via I I don't think that this is repulsive it's disgusting behavior at least what that the part that Hussein. I just don't know that there's a crime here let me explain why sometimes disgusting behavior is just that. You need to make out the elements of the crime they don't necessarily know you have that you -- quick analogy. See two guys don't want to -- large and I grew up in the woods hunting I wanna kill like bush I can't take this argument we can all week that the beating the voice and I -- here right now spirited. I am glad that would got. I'm going to just get along away unbeknownst. If it's a site that unbeknownst to me a disgruntled. Client of -- has the same idea. I election I separate. The disgruntled and pull out client comes up get some first kills and god -- I come upon mark I think he's sleeping I shoot him. Is that murder the answer is no because an element of the crime is alive personal -- I Clark is necessary to commit. Murder for aiding and abetting tax of these. For aiding and abetting child prostitution. You need. Tax of these need actual -- you need a child prostitution so that's what's missing here."

" Since it is nobody I know that thought nobody idol that I made a point we got a break if you read that. I'm bringing you back in two minutes you're gonna finish at Atlanta they're much more about this don't go. Back joining us again defense attorney mark I election trial attorney -- Armstrong lead to pick up what you were making before break your point is that just disgusting. The aiding and abetting a child prostitution discussing. Setting up a fraudulent tax scheme is not a crime."

" Certain crimes always -- all that is required is speaking for example solicitation of prostitution. That's statutorily defined as. Even if you solicit prostitution in the person on a -- we see this all the time right the police officers. That alone is enough when it comes to eating and abetting a crime let's remember now the person to -- with this camera. Is not an actual -- and he didn't have a prostitute went right you just posing right to be one. No tax return was filed. So you don't have tax evasion actual crime you don't have any child prostitutes or any prosecution of any sort they're just actors. Of course it's disgusting to see hear and watch what this woman does she doesn't -- I'm gonna call the cops shouldn't think."

" At last she's -- this plot they get I know it's so I don't know that she I don't think there is if it's commonplace. But now every day somebody comes in asking for this and she's actually quite good that it's amazing you know and six -- of negative mark -- I don't this I don't this vehemently on a couple of points. First -- suggesting that there that she is guilty of aiding and abetting because he's right you need an actual crime. And and of course her behavior -- I disagree with his hunting analogy because I don't hunt. Missing a little bit I would never go passionately at these to death but. Where he's what he's ignoring it -- likened to address here is conspiracy. A conspiracy doesn't require completed offense it's getting together. And discussing a crime. Obviously she believes that these people wanna commit that offense and if she doesn't just speak about it she doesn't act in furtherance of committing that. And I think that a prosecutor in this. In this conservative climate would it would agree to go forward on a consumer."

" Lake County AMR's passion but he's wrong. Let me address the conspiracy requires a meeting of the minds you only have one lined -- on personal we're looking at right now the other person is faking it. That is not a conspiracy you need an actual agreement between two people to commit a crime if one person just faking it you don't have a meeting of the minds you don't have a conspiracy --"

" Up at our -- have a conspiracy with just one actor in on the conspiracy clap with one hand."

" Well that that that does make it more challenging -- for."

" Just say I'm right but rivers are back into that -- I. I looked it listen I read it did the transcripts and I think that that this potentially could what -- let's go to -- spears who -- dogs or I got to wrap it up but what about fraud and it's a group that's taken 53 million dollars of taxpayer money. Since 1994 according to our fox -- room there on deck to receive potentially billions more thanks to the stimulus program to help low and moderate people obtain loans. Obviously this is not exactly what was happening on the tape according to what we've seen so far is there any sort of potential fraud charge here quickly market --"

" That I don't see it ultimately what they wanna say is this is an isolated incident restricted to one worker who went out of our own and did what she did and that's not indicative of what acorn that I've got really bad day for PR in today's paper. Eleven indicted for fraud out of acorns. And we see that good offensively I'll give you the last record."

" Yet you need for Friday reasonable reliance on a representation that would mean the guy who was coming in imposing as the the -- There is no reason -- reliance he knew exactly what he's still puzzling new woody was getting so that unfortunately now let's go arrogant."

" Fashion mart and -- thanks so much one final word for our viewers this group acorn needs to be investigated. Not just by the cops but by the US congress it is I've. House Judiciary Chairman John Conyers the Democrat -- push for hearings then backed off blaming the powers that be. The powers that be need to rethink this take a look the American people deserve no less."

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