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Legal Woes and Strategy for IMF Managing Director Strauss-Kahn

published May 20, 2011

By Author - LawCrossing

( 2 votes, average: 4.1 out of 5)

What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.
05/20/11

Strauss-Kahn has been accused of the attempted rape of a maid at the Sofitel in Manhattan. Conviction could result in 25 years in prison. He's been in the custody of the police since this past Saturday, when he was removed by authorities from an Air France flight that was minutes from departure from New York's John F. Kennedy Airport.


According to the May 17th abcnews.com article, ''IMF Chief's Arrest Leaves French Angry, Dismayed and Defensive'' Benjamin Brafman, Strauss-Kahn's attorney, proposed bail of $1 million. He was quoted as saying: ''We believe and will prove in our judgment that Dominique Strauss-Kahn is innocent of these charges. We think this case is very defensible.'' Brafman's former clients include Michael Jackson and Jay-Z.

Assistant District Attorney John McConnell was quoted as having told reporters that the victim gave a ''very violent and detailed account" of what happened in the hotel room. Following her standard rape examination, he also said the ''observations and findings corroborate her account.''

The office of Manhattan District Attorney Cyrus Vance Jr. argued that Strauss-Kahn be kept in jail, saying prosecutors were gathering more information against him, including allegations he's ''engaged in similar conduct at least once before.''

According to pittsburghlive.com, in the May 17th LA Times article, ''International Monetary Fund chief denied bail in sex-assault case'', another woman, a French writer and journalist, has filed a complaint over an alleged 2002 attack, because ''she knows she'll be heard.''

According to the May 16th reuters.com article, ''INSIGHT-Strauss-Kahn bail appeal seen key to legal strategy'', defense attorneys not part of the case explained they expect Strauss-Kahn's lawyers to put together a new bail proposal. If approved, this could help diminish the leverage government prosecutors have over him in the form of Rikers Island prison – his new residence, at least for the next few days. In essence, legal experts feel for a man of Strauss-Kahn's status, and means, spending time in a prison cell, versus the usual luxury to which he's accustomed, could be enough to motivate him to seek a plea deal.

If Strauss-Kahn is granted bail, some defense lawyers predict the case will be dragged out for months or even years.

Ryan Blanch, an attorney with The Blanch Law Firm, was quoted as saying in the reuters.com article: ''There would be little incentive for either the government or Strauss-Kahn to make a deal. If there's going to be any favorable pleas, it's going to be after the media attention dies down. A year from now people won't care as much.''

Other attorneys also gave their opinions on the setting of bail, as well as the defense for Strauss Kahn.

William Aronwald, a former Manhattan assistant district attorney who practices at Aronwald & Pykett was quoted as saying in the reuters.com article: ''I would not be shocked if the appellate court ruled that setting no bail in this case was excessive and unreasonable.'' He also felt Strauss-Kahn may have a better chance of obtaining bail because he has no criminal record. Also, it would be difficult for him to flee because he's a high profile individual and would be easily recognized.

However, John Moscow, a partner at Baker Hostetler, was quoted as saying in the reuters.com article: ''Strauss-Kahn's lawyers will have to be creative in fashioning a bail package that a court will accept. One possibility is to seek assurances from the French government that he would be returned to the U.S. for a trial.''

Roland Riopelle, a partner at Sercarz & Riopelle, was quoted as saying: ''It would be inconceivable to me they're not investigating that person [the alleged victim of the assault] to see if there are any weaknesses in her case.''

Interestingly, according to the abcnews.com article, ABC News correspondent Jeffrey Kofman was quoted as saying in his May 17th radio report: ''A lot of politicians are known to have affairs and it doesn't scandalize people.''

Maybe it should. Are we as a nation, this morally desensitized?

Kofman went on to say: ''But this is something entirely different. A sexual assault, a rape goes way beyond that and people are very upset. They're quite horrified by that, by the prospect of this, these accusations being true. And it takes it to another dimension.''

Strauss-Kahn's wife, Anne Sinclair, a popular French television journalist was quoted as saying in the abcnews.com article: ''I do not believe for a single second the accusations leveled against my husband.''

Reactions from France were mixed. Politicians and commentators spoke of the affair as a ''disgrace'', and a ''humiliation'' to the nation, and described France as being the ''real victim.'' Others spoke out in defense of Strauss-Kahn, and pointed to the possibility that the incident could have been set up by rival politicians.

Strauss-Kahn is a prominent French Socialist, and was favored against incumbent Nicolas Sarkozy in France's upcoming presidential election. Some say Strauss-Kahn's political aspirations may be over.

Strauss-Kahn took office as the tenth Managing Director of the International Monetary Fund in November 2007. He has been described as a driving force in assisting Europe with working its way through the sovereign debt crisis with Greece, Portugal and Spain, according to pittsburghlive.com, in the May 17th LA Times article, ''International Monetary Fund chief denied bail in sex-assault case''.

According to information posted at the organization's website, ''the International Monetary Fund (IMF) is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world.''
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