Appeals court upholds lawyers' convictions in internet-paramour money scheme
A federal appeals court has upheld the convictions of two formerly married lawyers who were accused of wrangling money from men who answered internet ads for sex.
The New Orleans-based 5th U.S. Circuit Court of Appeals rejected the habeas appeals of Ted and Mary Roberts on Wednesday in an unpublished, per curiam opinion (PDF).
The couple had argued they were convicted under a Texas “theft by coercion” statute that is unconstitutionally overbroad and vague.
According to the opinion, the scheme was triggered when Mary Roberts discovered in 2001 that her husband, Ted, had been unfaithful. With the purported goal of catching her husband responding to online romance ads, she created an online profile at two adult websites in which she claimed to be a professional woman without enough sex in her life.
Ted Roberts didn’t respond, but other men did. Mary met with and had sexual relations with four of them. After Ted Roberts learned of his wife’s affairs, he began to draft petitions seeking court permission for depositions to learn whether he had any legal claims. Eventually, Mary began to assist her husband in drafting the petitions. The four men all paid money to avoid filing of the court petitions; the amounts ranged from $10,000 to $100,000.
The Texas Court of Appeals had ruled the statue is not overbroad because the underlying conduct is similar to bribery or extortion, which has no First Amendment protection. The state court also found that the statute was not so indefinite that people would be required to guess at its meaning.
According to the 5th Circuit, the state court decision did not involve an unreasonable application of clearly established federal law.
Hat tip to How Appealing.
Related article:
ABAJournal.com: Texas Lawyer Convicted in Internet Paramour Extortion Scheme Is Permanently Disbarred
