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From the Metro staff at The Boston Globe

Judge questions sentence recommendation in blackmail case

February 18, 2009 01:35 PM Email| Comments (22)| Text size +

By Jonathan Saltzman, Globe Staff

The chief judge of the US District Court in Boston today ordered federal prosecutors to justify why they are recommending that an alleged Canton prostitute receive a sentence of only six months in jail for extorting $280,000 in cash from a prominent Boston-area businessman in exchange for keeping their liaisons secret.


Judge-Mark-Wolf.jpg

Chief District Court Judge Mark L. Wolf

Chief District Court Judge Mark L. Wolf said today that neither US Attorney Michael J. Sullivan's office nor lawyers for the alleged prostitute have explained why the woman, Michelle Robinson, 29, should receive a sentence that would likely result in her being immediately freed.

She has been held since her Aug. 13 arrest, and the agreement would give her credit for her time served.

That sentence "represents a significant downward departure" from the 33 to 41 months that probation officials have calculated would ordinarily be recommended for the defendant under federal sentencing guidelines, Wolf said.

The judge said that since neither prosecutors nor Robinson's lawyers have responded to an earlier court order to explain the sentence, "it is now uncertain whether the court is likely to accept the plea agreement." He gave prosecutors until noon Thursday to file papers justifying the proposed six-month sentence. Robinson's lawyer can also file an explanation.

If prosecutors cannot make the deadline, he said, he might postpone Robinson's sentencing hearing scheduled for Friday.

The criminal case against Robinson was the subject of a Globe story Tuesday in which several legal specialists criticized prosecutors' efforts to keep the businessman's name a secret.

Among the terms of the tentative plea agreement is an extraordinary provision: Robinson would be forbidden from disclosing the businessman's name for the three years that she is on supervised release.

James L. Sultan, a Boston defense lawyer, was quoted as calling the case "an example of the system working better for people who have resources," referring to the businessman, who was described by federal authorities as a prosperous married man in his 60s.

The businessman, who is identified in court papers only as LB, for local businessman, and BP, for business person, hired former US Attorney Donald K. Stern after he had paid the woman $280,000 to keep her mouth shut.

Stern arranged an Aug. 7 meeting with federal prosecutors and the FBI, who got the businessman to tape phone calls with the alleged prostitute during which she demanded another $300,000. She was arrested shortly afterward.

Other veteran criminal lawyers said that the prosecutors' efforts to keep the businessman's identity secret were justified because the government wants to encourage other people to come forward if they are victims of similar extortion schemes.

They also theorized that Robinson may have had a strong hand when negotiating a tentative six-month sentence. The businessman, they explained, might refuse to testify if she rejected a long sentence and forced the case to go to trial.

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22 comments so far...
  1. so if i do something illegal and someone tries to extort $$ from me, i can put THEM in jail and my name will never even be in the papers? cool!

    Posted by newsie February 18, 09 01:55 PM
  1. she should receive a sentence that conforms to the guidelines,whatever she gets,he should get double for being an idiot.

    Posted by frank February 18, 09 01:57 PM
  1. Easy - they will give her a light sentence so that she keeps her mouth shut about the identity of the client.

    MA Justice - all bought and paid for.

    Posted by HBX February 18, 09 01:58 PM
  1. "Strong hand," indeed. I'm sure she does.

    Posted by Michael February 18, 09 02:00 PM
  1. So under the plea agreement, she has to keep his name quiet for three years. What happens at the end of three years? Does she start blackmailing him again?
    All I can say to the businessman is, it all comes out in the wash eventually. Now it'll be even messier than ever. Great reporting by the Globe and good follow-up story.

    Posted by BirdieKate February 18, 09 02:15 PM
  1. If it is some "regular guy" the government can't wait to show his face so as to humiliate him and use him as an example to others.

    Posted by Tom February 18, 09 02:22 PM
  1. Good God! This is a blackmail case, plain and simple. This woman blackmailed this man, in effect stealing $280,000 from him. Was he an idiot? Sure. Did he cheat on his wife? Sure. But I have no interest in knowing who is he. All I want to know is that this criminal will be put away for a good stretch of time.

    Posted by Vess Pah February 18, 09 02:23 PM
  1. This sounds to me like it has the makings of a movie script...

    Posted by Fletcher February 18, 09 02:44 PM
  1. Looks like this one may go to trial. I think 'LB' may refure to testify. I'm sure it terrifies him.

    Posted by Victor February 18, 09 03:15 PM
  1. or perhaps one/some of the prosecutors are in the prostitues' address book???

    Posted by justcurious February 18, 09 03:52 PM
  1. Who did the dirty deed? we demand to know!!!!!!!

    Posted by Rubber February 18, 09 04:17 PM
  1. Slowly it creeps...this dude is sweating...you know it's going to all fall apart and she is going to sing like a little bird! Sing, little sparrow, sing!

    Posted by ralston February 18, 09 04:44 PM
  1. Michelle Robinson is an alias too! And not very original at that. Anybody care to guess what the new First Lady of the United States maiden name is?

    Posted by Tim February 18, 09 04:58 PM
  1. wow, is that super corrupt or what??? our own federal prosecutors bought by a local businessman. this country is headed down a dark path. if anyone left in local, state or federal government has any (I repeat ANY) ethics or morals please step up.

    Posted by helpus February 18, 09 06:01 PM
  1. So the John gets charged with nothing, and all Wolf can do is complain that the hooker should do more time?

    Posted by Dan Farnkoff February 18, 09 07:25 PM
  1. "Other veteran criminal lawyers said that the prosecutors' efforts to keep the businessman's identity secret were justified because the government wants to encourage other people to come forward if they are victims of similar extortion schemes."

    Oh ha ha ha. And what about the government's vested interest in discouraging the vice crime of prostitution? You don't think that by making his name public that doesn't provide a negative incentive to these johns? You bet it does.

    Posted by Daniel February 18, 09 08:45 PM
  1. Must be connected to the MA democratic establishment. I thought he had brain cancer - that dirty dog

    Posted by local color February 18, 09 09:25 PM
  1. So if this businessman is Mitt Romney and this would ruin his presidential plans, so if the lawyers and FBI agents are all staunch Republicans (surprise! they ARE), this begins to take on a very scary sense of the depth of corruption in our governement. Very scary.

    Posted by rex February 18, 09 09:44 PM
  1. Why do rpae victems not get the same treatment???

    Posted by BRW February 18, 09 10:53 PM
  1. Ok...this is the problem here...he was looking for a prostitute and bought and paid for that...why is he not charged with anything? He obviously admitted he paid for sex. This "LB" has to learn that if he plays the game he may lose everything in the end like his job, his wife EVERYTHING. Why do some men think they will never get caught? Your married go home to your wife and have sex with her. And another thing....was he safe? If I was the wife and I found out what 3 years later when she, the prostitute is able to sing the "LB" name...I would take everything from him. What a loser and what an unjust system this is. Here is a tip for the LB...Keep it in your pants idiot!!!!

    Posted by Ali February 19, 09 12:19 AM
  1. Shouldn't the business get prosecuted for obstruction of justice, for paying all the $$$ to keep her from revealing his crime?

    Posted by Tony M February 19, 09 11:44 AM
  1. I'm not sure being a "john" should be a crime. Neither, perhaps should prostitution. One of the few professions by Americans for Americans in a time when American jobs are few and far between. Regulate it. Tax it. Control it and make it safer, but don't outlaw it.

    Extortion, on the other hand.... That's a crime....

    Posted by JustMyTake February 20, 09 01:05 PM
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