Ofer Lupovitz Sentenced in California

I just read the news that Ofer Moses Lupovitz was sentenced today to 9 years in a State of California prison for his escort services based in Palm Springs. Ofer was convicted back in late October, but there were solid questions relating to the jury instructions that had to be resolved - obviously they were not resolved in favor of Ofer.

Man sentenced to 9 years for running Palm Springs prostitution ring

Palm Springs prostitution ringleader sentenced to nine years

I had many conversations with Ofer during his trial and he was as upbeat as anyone could be. Even when convicted, he still believed that the judge was fair and he wouldn't have a long sentence. At most he thought a 3 year sentence was possible, with much of that time already served. I am stunned at the 9 year sentence, though I did fear that everyone was not as friendly as Ofer believed. I chose not to post any additional information here as I feared it could cause him problems with the appeal or at sentencing.

Ofer Lupovitz is a truly nice, mild mannered, polite man that didn't deserve anything like this. I had to change my telephone number back in November and did not contact him (or anyone else) to offer the new number. At times, as many of the readers of this blog are aware, I tend to be anti-social. My bad in this case and I do intend to contact Ofer in the next few days.

I do hope that his attorney is working on an appeal. This is so terrible that I must say goodnight for now. I will post again on the situation with Ofer Lupovitz's case/appeal once I have been in contact with him.

Ofer Lupovitz Retrial?

As stated in my last post on the Ofer Lupovitz verdicts, due to an error in the jury instructions Ofer's attorneys have filed for a new trial:

Attorneys ask for new trial for man convicted of running prostitution ring

I'll return later (tomorrow) and edit with additional information. I'm happy now!

Ofer Lupovitz Verdicts In

I am sad and depressed to have to post this. I spoke with this kind and personable man for the first time a couple of days ago. He was very positive about the trial and thought that it looked good for him, though of course he was concerned at the same instant. I expected to hear from Ofer a short while ago and when I did not, I went searching for news and found the worst. Lupovitz was convicted, but that is the only story at this moment and news reporters have not expounded on the statement so we do not know if the conviction was on all counts or one or why.

I will edit this post as soon as I have more information.

Edit @10:25pm EST

Ofer was convicted on the conspiracy and pimping counts and found not guilty on the pandering charge. There will be an appeal filed over an actual error, a mistake in the jury instructions, but other problems are involved as the money laundering counts enter the picture if there was a conviction on any charge. Mr. Lupovitz is out on bail pending sentencing and having dinner at this moment. So sad.

Ofer Lupovitz Case Goes to Jury Soon

Today was the final day of testimony in the case of California vs. Ofer Moses Lupovitz. Tomorrow will bring closing statements from prosecutors and defense attorneys and by the conclusion of the day, the decision will be in the hands of jurors. There could be a verdict tomorrow or the jury may choose to return on Thursday to discuss the case and reach verdicts on each of the three counts.

I do not imagine that jurors will need to consider any of the counts for long though. If I were a gambler (and I am), I'd say that it is 80% or higher in favor of Lupovitz. Though he did not testify in his own defense, the intricate details of his entertainment company operation were made clear for the jury by an attorney and an expert. This man is a personable, well-spoken businessman that was deserted by his co-defendants to stand trial by himself in a far-reaching and downright crazy conspiracy prosecution.

If you were to hear the details of this case you'd believe that the State of California is flush with money and/or someone has a serious grudge against Ofer Lupovitz. After all the hoopla, media blitz, and serious charges, the reality is that there were independent contractors with clear contracts that detailed every part of the relationship each had with the company and specifics on expected behavior. Most important, there is no evidence that contradicts these contracts. None whatsoever.

For Mr. Lupovitz the lengthy ordeal will finally be over if the jury acquits on all three counts. The counts are 1) pimping; 2) pandering; and 3) conspiracy. If by some wild stretch of the imagination he is not acquitted on all counts, then the state could file some or all of the remaining counts (180) that he was charged with – I cannot envision this happening though.

I have made the statement that I am the only escort business owner to ever be acquitted by a jury on organized crime charges in relation to the business in any state or federal court in the United States. I do believe that as of tomorrow, or possibly the following day, I will be sharing that unlikely title with Ofer Moses Lupovitz. I cannot think of a better person that I'd like to share that title with. Perhaps it is a new trend and overzealous prosecutions in adult business cases won't fly anymore.

My thoughts are with Ofer Lupovitz on the eve of deliberations. It really will all work out as it is supposed to.

Welcome to the Dark Side

Today in courtrooms around the US, prosecutors will knowingly present false evidence, law enforcement officers will proffer false testimony to gain convictions, and informants will fabricate as directed to gain favor or even cash. It is the reality that most prefer to forget and participants deny. It is the US criminal justice system at work in federal and state courtrooms from Newark to Orlando to Palm Springs and everywhere in-between.

Some of us drew the law card in life. Many of you will never see the inside of a courtroom or feel the tension of a trial or the pressure of being the defendant, star and target at the same instant and victim of dark side justice.

As the Paul Bergrin trial resumes in Newark following opening statements, the government's case will unravel, piece by piece, bit by bit, one sentence at a time. Bergrin is the lone defendant that didn't take the deal in his case. His co-defendants in this racketeering and murder conspiracy case have each chosen to testify for the government to gain favor with federal prosecutors and therefore lighter prison sentences. The more convincing their testimony the better off each will be at sentencing. They are actors and actresses and the courtroom is the stage.

In Orlando the trial begins for at least one of the 12 so-called sex traffickers from Russia, the Ukraine, and Moldova. Roman Caraiman is absent from the scene, exiting the country before the indictment was handed-down and later emailing his appeal to the Orlando Sentinel. My own case was on my mind when I read his attempt to explain what really happened and how the business actually operated, but he was speaking to a deaf ear at the Sentinel. The only one that we can be sure is actually having a trial is Alexandr Postica. We must watch events unfold in the courtroom to see who decided to join the feds on the dark side and testify, if anyone at all.

Postica is young and brave, close to my son's age. He came to the US as an entrepreneur, as his 11 co-defendants did, and left behind family, culture, and poverty to seek a better life in the place often referred to as the land of the free. Instead he found chains and the dark side of a justice system derailed long ago. Many of the defendants are from Moldova, rich in culture, but one of the poorest economies of all the former Soviet states. In effect, these defendants jumped from a frying pan into a fire, each now blind to what the future holds in what is actually an MBI case, and we all know how I feel about the MBI.

In Palm Springs, California there is the trial of Ofer Moses Lupovitz, an odd case to say the least. Lupovitz has already spent time in club fed over the case, but is now on trial with the State of California for the same business. Even more weird, there seems to be a news blackout on the trial. The case was in the news until September 28^th as state witnesses testified in trial and then as quickly as they began, the news reports ceased. Really weird for such a significant and involved case.

As I reflect on my own experience with dark side justice, my heart goes out to each and every defendant that has opted to stand trial and fight for their lives. What ever happens may each be able to move-on in life when it's over; something that I have been unable to do as the anger permeates my life and leaves me in a constant state of purgatory, unable and unwilling to go forward, seeking justice and vengeance in a dark system that few understand unless they live it. May it never happen to you.

My arrest was on November 20, 2011. My trial was over and I was acquitted by the jury on both counts on January 17, 2003. Do I sound angry? Read through this blog and decide for yourself. What do I want or expect? An apology for the malice, the lies, the mistreatment, the injustice, and perhaps an admission of guilt from my perps. I am still seeking the elusive lady justice.

News Blackout on Moses Lupovitz Trial?

I initially discussed the case and trial of Ofer Moses Lupovitz in The State of California vs. Ofer Moses Lupovitz et al. I admit to knowing little about the case other than the initial arrests and the fact that opening statements in the trial commenced on September 20, 2011, but I want to know much more. I am cheering for this guy and hope to see him acquitted in this case.

There has been nothing whatsoever reported by anyone since September 28. That is two entire weeks ago. The last witness that testified for prosecutors that was reported in the news was on September 21. According to the source, the witness clearly described what was independent contractor behavior. She knew that she was not an employee.

For those of you that are unaware of prosecutorial strategies in such cases, the main line of attack is always that the escorts are employees and acting on behalf of the business in all that they do during calls booked. In my own trial, prosecutors continuously (non-stop) referred to each escort as an employee, even when documents and testimony revealed the work arrangements were not at all employer / employee and nothing they did at a call was on my instruction. The feds utilized the very same strategy in the Deborah Jeane Palfrey (former DC Madam) case. In my trial, I corrected this intentional and repeated misconception when testifying in my defense, but Jeane did not testify in her trial.

I truly hope that Moses Lupovitz chooses to testify in his defense. I am a firm believer that if he opts to not testify, it is likely that he will be found guilty on at least one count. The issue is that the general population is clueless on the topic of escort business operations and interactions between service and escorts. He must explain it to the jury or they certainly could accept prosecutor explanations.

I feel that if the trial were over and verdicts announced some news station would have written about it or discussed it. It would be really helpful if at least one reporter from one news outlet would reveal ongoing details or at least when prosecutors have completed their presentation and the defense begins.

I have emailed two reporters in that area and neither has bothered to respond, though both invite email. One of the reporters wants us all to “follow” her on Twitter for updates on the Elite trial, but her tweets are all about what she ate for lunch, how much change is in her piggy bank, and balloon rides for the last 2 flippin' weeks. WTH?

I am really rooting for Ofer Moses Lupovitz in this case and feel it is more than possible that he could be acquitted. After this trial he could face another trial as they did charge him with a total of 180 counts, but prosecutors state that what happens next depends on the outcome here. From all that I have read about this business and how it was operated, I must conclude that the only big problem issue involves credit cards, and that is related to the money laundering counts not included in this trial.

Will some reporter in California please report on this important trial? 

The State of California vs. Ofer Moses Lupovitz et al

This is an interesting case and as it turns out, Lupovitz is the only one going on trial in this 2006 case as his co-defendants fled the US. Apparently Elite Entertainment operated in four states: California, Nevada, Oregon, and Arizona, though the case was charged by the State of California and not the feds.

Altogether Lupovitz faces 180 felony counts, but this trial is only on the pimping and pandering and conspiracy counts. The other charges are on hold pending the outcome of this case.

The defendants (all of them) may indeed be not guilty as charged. One escort or entertainer has testified that 90% of the time she was a companion and offered no sexual services as prosecutors claim. The only catch to this is that credit cards were charged large sums of money referred to as tips, so prosecutors could actually subpoena all of the clients if they had to. But if the independent contractors acted completely on their own, there is no case.

According to an article written by for mydesert.com, one escort that testified a week ago today, described what is clearly independent contractor behavior. Lupovitz's wife, a co-defendant's wife, and an escort have already pled guilty in the case, but the remaining three co-defendants are fugitives. The escort testified that she took money for prostitution, but this really has nothing at all to do with the business.

There is plenty of news out there about the arrests back in 2006, but little on the trial currently going on. I will assume that there will be more news as soon as the jury returns verdicts in the case and will post here accordingly. Be excited - this guy may actually be found not guilty - but no matter how it all concludes, at least he had the guts to take them to trial!