A couple of stories caught my eye over the weekend.
The first was the one involving Bob Dylan being pulled over by a couple of young cops while taking a walk in a New Jersey neighborhood a few hours before his show that evening. The theme of the story is how funny it is that neither of the 20-something year-old policeman recognized the iconic musician.
However, my thought was the same as Radley Balko’s — how sad it is that a 68 year-old grandfather cannot go for a walk in a neighborhood without being confronted by a couple of policeman and ultimately escorted back to his hotel. Dylan was doing nothing wrong and there was no report of a crime in the area, yet he is pulled over and taken off the street simply because he left his ID back at the hotel. As with the Gates affair, the primary reason that police are getting away with treating citizens in such a manner is that most of the public is simply making light of it when it happens to someone else.
Meanwhile, the Dylan affair received more publicity than even a greater outrage — that is, the guilty plea to racketeering charges of Gary S. Kaplan, who did nothing other than create and help run the publicly-owned internet gambling company named BetOnSports (previous posts here).
You may remember this lurid case from 2006. Avaricious federal prosecutors, with apparently nothing else to do, indicted BetOnSports, Kaplan and several other of the company’s executives were arrested while changing planes in the U.S. despite the fact that the company was not accused of doing anything dishonest toward its customers, who simply enjoyed placing bets online. As a result of the arrests and the indictment, BetOnSports ultimately liquidated, resulting in hundreds of millions of dollars in losses for American customers.
In essence, Kaplan and his associates were thrown in U.S. jails for years before trial and told that a business that they believed was legal was a criminal enterprise even though it was being run in the open and publicly-traded on the London Stock Exchange. Apparently, U.S. prosecutors now believe they can enforce even ambiguous U.S. laws on any business, wherever based, solely because some of the customers of the business happen to be Americans. The legal theory is bad enough, but the imprisonment of foreign businessmen passing through the U.S., while at the same time causing American citizens to suffer undeserved financial losses, reflects a serious lack of adult supervision at the Department of Justice.
Sure, Dylan is a funny old man now. And who cares about a few foreign businessmen who get inconvenienced by the American criminal justice system?
But as Sir Thomas More reminds us, "when the last law was down, and the Devil turned ’round on you, where would you hide, the laws all being flat? . . . do you really thing you could stand upright in the winds that would blow then?"
One of the clearest lessons of the 20th century is that large governments, unrestrained by their citizenry, have the capacity to cause unspeakable evil. As injustices such as the foregoing unfold with nary a protest from citizens, is that lesson already forgotten?
Not so quick…
Despite Balko’s knee jerk response to always assume the worst about police officers, there have been reports that the police officers were more concerned about Dylan’s safety than they were suspicious about possible criminal activity.
And there is no way that anybody half intelligent wouldn’t have known that taking bets from US residents was illegal… both on a federal and state basis. I looked into a similar business ten years ago and with all of a $2000 legal bill was convinced it was illegal.
And just how can you square the circle that the the business was completely legit with its defaulting to its customers? If the firm wasn’t using customer deposits for other purposes (which was one of the criminal allegations), wouldn’t the funds have been there to be repaid upon liquidation?
Interesting take on the Dylan situation. I haven’t read one article in which the police were reported to have suggested that Dylan’s safety was at risk.
Regardless of whether placing bets online with a foreign company is illegal, should it be? Even if it is, shouldn’t prosecutorial discretion command that no action be taken? What possible public policy is served by the U.S. arresting legitimate foreign businessmen in regard to a business venture that is perfectly legal in many foreign countries and is actually encouraged by many state governments here?
Finally, as with virtually any liquidation, the creditors (customers) received pennies on the dollar after payment of governmental fines and administrative expenses of the liquidation. In short, the citizens got hosed while the prosecutors put a notch in their holsters. Frankly, it’s shameful.
just to avoid confusion, by half intelligent, I am referring to Kaplan. He starts a business and doesn’t bother to assess the legal climate?
What the ìpolice are always wrongî crowd didnít tell you about Bob Dylanís arrest: he was stopped after neighbors saw him walking around in pouring rain looking into house windows.
From Patterico
Tom: here you go.. http://www.nypost.com/seven/08152009/news/regionalnews/dylans_a_complete_unknown_184665.htm
And as far as the customers receiving pennies, I wouldn’t have minded if they had lost everything. They were breaking the law, they very likely knew they were, even if they weren’t, ignorance isn’t an excuse, and not going after them is akin to arresting the prostitute but not the customer. If society doesn’t like the anti-gambling laws, they can change them, but until then, violators should be prosecuted.