Thoughts, essays, and writings on Liberty. Written by the heirs of Patrick Henry.

“Left-wing politicians take away your liberty in the name of children and of fighting poverty, while right-wing politicians do it in the name of family values and fighting drugs. Either way, government gets bigger and you become less free.”     Harry Browne

March 22, 2008

“PATRIOT” Act used against Spitzer

by Jason Pye

It was indeed the so-called PATRIOT Act that brought Elliot Spitzer down:

When Congress passed the Patriot Act in the aftermath of the 9/11 attacks, law-enforcement agencies hailed it as a powerful tool to help track down the confederates of Osama bin Laden. No one expected it would end up helping to snag the likes of Eliot Spitzer. The odd connection between the antiterror law and Spitzer’s trysts with call girls illustrates how laws enacted for one purpose often end up being used very differently once they’re on the books.

The Patriot Act gave the FBI new powers to snoop on suspected terrorists. In the fine print were provisions that gave the Treasury Department authority to demand more information from banks about their customers’ financial transactions. Congress wanted to help the Feds identify terrorist money launderers. But Treasury went further. It issued stringent new regulations that required banks themselves to look for unusual transactions (such as odd patterns of cash withdrawals or wire transfers) and submit SARs—Suspicious Activity Reports—to the government. Facing potentially stiff penalties if they didn’t comply, banks and other financial institutions installed sophisticated software to detect anomalies among millions of daily transactions. They began ranking the risk levels of their customers—on a scale of zero to 100—based on complex formulas that included the credit rating, assets and profession of the account holder.
[...]
The new scrutiny resulted in an explosion of SARs, from 204,915 in 2001 to 1.23 million last year. The data, stored in an IRS computer in Detroit, are accessible by law-enforcement agencies nationwide. “Terrorism has virtually nothing to do with it,” says Peter Djinis, a former top Treasury lawyer. “The vast majority of SARs filed today involve garden-variety forms of white-collar crime.” Federal prosecutors around the country routinely scour the SARs for potential leads.

One of those leads led to Spitzer. Last summer New York’s North Fork Bank, where Spitzer had an account, filed a SAR about unusual money transfers he had made, say law-enforcement and industry sources who asked not to be identified because of the sensitivity of the probe. One of the sources tells NEWSWEEK that Spitzer wasn’t flagged because of his public position. Instead, the governor called attention to himself by asking the bank to transfer money in someone else’s name. (A North Fork spokesperson says the bank does not discuss its customers.) The SAR was not itself evidence that Spitzer had committed a crime. But it made the Feds curious enough to follow the money.

I’m glad to see that the PATRIOT Act is being used to stop such crimes so detrimental to the national security interests of the United States.

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1 Comment

  1. Considering how destructive Eliot Spitzer’s rein of terror really was, I think that in this case the Patriot act did serve its nominal purpose of protecting the American people from terrorism.

    This despite the fact that the authors of the Patriot act would not recognize that Eliot Spitzer was a terrorist, and that the conduct that the act uncovered was not terroristic in nature.

    Comment by tarran — March 22, 2008 @ 10:27 am

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