Yeah, I'm sure Chad can weigh in on this one. Especially since he represented Sean Lockhart for awhile, didn't he? In the meantime, here's a good explanation of RICO:
http://en.wikipedia.org/wiki/Rackete...anizations_Act
I don't believe it's been used so far in the US in any porn-related prosecutions, though, although it may have been used in a big tax evasion prosecution last year involving a chain of adult stores in Texas.
Yes, I CAN weigh in on this particular issue -- the issue of whether or not an escort company can be charged with pandering in all but California. That has nothing to do with my representation of Sean, which ended when he hired attorney Yates, who I have a lot of respect for and who has a lot more experience than I do in trademark issues.
The issue of a pandering charge possibility, at least in the context of this thread, is twisted. In California, the Cal. Supreme Court determined that hiring someone to perform in hardcore porn was not pandering, performing in porn is not prostitution. No other state has such a state supreme court ruling, so if we are splitting hairs, paying porn actors could still be charged as pandering/prostitution in the other 49 states.
Bringing a charge of pandering/prostitution against a porn actor in another state would be very risky for any law enforcement because of the real possibility that the respective state court could follow the California Supreme Court and determine that paying actors to perform in hardcore scenes is not pandering/prostitution, thus making that state the next Porn Valley and no law enforcement agency wants to take that risk. Thus, theoretically a porn producer could be charged in all but California, but it seems to have been a quid pro quo for the past 25 years that pandering/prostitution is not a charge the prosecution is willing to risk.
In this Virginia case, it is my personal opinion that the pandering/ prostitution charges are just part of stacking -- bringing as many charges as possible to get leverage against the defendant for him to plead guilty to the most serious charges. The lesser charges can be dismissed as part of a plea bargain.
Also, in this case there appears to be an in-call escort operation. That is definitely not selling porn. I would not take these charges as any threat to legitimate porn producers.
Chad Belville, Esq
Phoenix, Arizona
www.chadknowslaw.com
Keeping you out of trouble is easier than getting you out of trouble!
Also, Virginia Beach/Norfolk has a history of porn-related prosecutions. One of the owners of AMVC.com (sells very janky low-rent amateur porn, much of which is so unwatchable that AEBN wouldn't even accept it for PPV) was years ago located in the Norfolk/Va Beach area, and was busted (and went to jail) on a zoning charge for producing porn in a residential area. Subsequently, after getting out of jail, they moved to somewhere near Seattle.
I don't know if there were aggravating factors that motivated the prosecution, but the impression I had was that the Norfolk/Va Beach area was not a place where one should be running any sort of adult business.
You're referring to David McKenzie. He ran AMVC out of his home in Hampton Roads, and he was indeed harassed for zoning violations when they discovered he was operating a large business out of his home, but I don't remember ever hearing about jail time. I don't think you can go to jail for a zoning violation, can you? Maybe you can. But anyway, yeah... they relocated to Seattle and he got a business partner, Alan McNulty, who calls himself "The Colonel" and has something of a odd reputation.
A little off-topic.. I know.
Getting back to the Cobra situation, though... seems like Sean Lockhart either (1) knew something was going to happen to Kocis and said nothing, (2) was involved, or (3) tipped off investigators and cooperated with them. But if (3) is true, why would he shoot video with the accused, as has been reported? This is strange, and continues to be strange...
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Steve,
I could be mistaken on the jail time, but I vaguely remember David talking somewhere about jail. Could have just been an arrest and release, or I could be remembering wrong.
And I think Dean is correct. Harlow's blog is here and it seems to imply that he went out there to shoot a scene, but didn't... perhaps because Sean and Grant were working with police, and had no intention of doing the scene, but needed to get Harlow out there to get the confession.
If you've just knocked somebody off, it doesn't seem like hanging out with the guy that was the subject of the lawsuits and all would be the brightest thing... or, for that matter, making various jokes and obtuse references to the killing, as Harlow has done in his blog... but then again, Harlow doesn't seem like the brightest bulb in the box. (And does he really have a twin brother?)
From what I have read online, I don't think that a sex video was ever created, just some video of them running around on the beach was done. Based on an interview at one of those sites you posted, I gathered that Brent didn't feel the time was right to do the video, but that they would talk about it in the future.
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