Once Again, DOJ Fails To Convict Backpage Boss Of Sex Trafficking Or Prostitution

from the ah-well dept

It’s somewhat incredible when you look at the full story, but once again, the DOJ has failed in its attempt to claim that Backpage founder/editor Michael Lacey was facilitating sex trafficking with the site. They did convict him on one count of money laundering, for transferring $16.5 million to a bank in Hungary right around the time that they were facing more legal pressure. The DOJ did secure some convictions for other Backpage execs for violations of the Travel Act, money laundering, and some “facilitation of prostitution.”

But, still, to hear the public narrative, Backpage — as run by Lacey and his business partner Jim Larkin, who died by suicide just a week before this trial was set to begin — involved the two of them plotting how to enable as much sex trafficking as possible, all in an effort to get rich.

The reality turned out to be a lot different.

As was reported, only after some “accidental” document leaks, Larkin and Lacey actually worked closely with law enforcement to stop sex trafficking. Indeed, they hired a former federal prosecutor who specialized in fighting sex crimes and child abuse. DOJ documents (that were barred from use in the trial) showed that Backpage did as much as they could to help law enforcement track down sex traffickers.

But, still, the narrative was the narrative, and their site was raided, Larkin and Lacey were arrested, and all their assets seized (which might explain why Lacey had tried to move money overseas).

And, again, the DOJ worked overtime to keep it out of court (and out of the media) that Larkin and Lacey actually worked closely with law enforcement to stop sex trafficking, and only drew the line when law enforcement tried to make them go further. As a big report in Wired detailed a few years ago:

Lacey and Larkin say they were more than willing to help crack down on child abuse. But the demands being made of them seemed increasingly unreasonable. Sex trafficking, defined as commercial sex involving coerced adults or anyone under 18, was one thing. Consensual sex work was quite another—and it wasn’t even illegal under federal law.

In March 2011, Lacey and Larkin flew to Virginia to meet with Allen. “To say that the meeting did not go well is an understatement,” Allen wrote later that day. After a full hour, he and Lacey “were still screaming at each other.” Allen demanded that Backpage do more to combat prostitution. Larkin said the site would enforce a “news­paper standard,” but Lacey added, “We are not Craigslist, and we aren’t going to succumb to pressure.” A Justice Department memo continues the story: “Allen responded that ‘At least you know what business you are in.’ ”

In other words, much of the real dispute was over consensual sex work. But, because the US government is the US government (and the media is the media), they turned it into this big deal claiming that the site was all about trafficking, and (they frequently claimed) trafficking kids.

Indeed, this is now the second mistrial for Lacey. Back in 2021 the judge declared a mistrial when the DOJ kept saying things about child sex trafficking in front of the jury, despite there being nothing in the case about child sex trafficking.

So, now again, Lacey went to trial, and again, the jury would not convict him on the long parade of horribles. They acquitted him on one other charge, and were deadlocked on the rest (resulting in a mistrial being declared). And, again, even the other execs who were convicted, the charges appear to be about sex work, not trafficking.

Of course, everyone will forget all this and still insist that Backpage was all about trafficking, because that’s what the media, politicians, and law enforcement insisted for years.

Filed Under: , , , ,
Companies: backpage

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Once Again, DOJ Fails To Convict Backpage Boss Of Sex Trafficking Or Prostitution”

Subscribe: RSS Leave a comment
73 Comments
Ay200 says:

Re:

Yep. Given the great success Congress has had in applying adaptive pressure to sex traffickers to move to non-subpoena compliant services by shutting down Backpage and FOSTA-SESTA, Matt Gaetz opposition to FOSTA-SESTA is starting to look like earnest regret based on legitimate experience, instead of scumbag opposition to something that was supposed to make him being a scumbag more difficult.

Weird fucking thing to say, seeing as how he’s a hardcore MAGA head, but voting against FOSTA-SESTA puts him in some good company. Wyden for one.

I keep getting threshed when I bring up how bad FOSTA-SESTA was, even in relatively educated forums like ArsTechnica. It’s so fucking tedious supporting this position whenever it comes up.

This comment has been flagged by the community. Click here to show it.

Benjamin Jay Barber says:

Mike Masnick gaslighting again

Of course, everyone will forget all this and still insist that Backpage was all about trafficking, because that’s what the media, politicians, and law enforcement insisted for years.

2 executives of Backpage WERE found guilty of sex trafficking, albeit I didn’t watch the trial to find out what sort of shenanigans might have led to those convictions.

Mechanical Rhizome (profile) says:

Re: The who what now?

Which executives were convicted on sex trafficking charges? The only entity I could find trafficking charges sticking to was Backpage itself.

Pimping charges against them were thrown out, and the entire affair boiled down to money laundering and facilitating prostitution as best I can tell.

This comment has been flagged by the community. Click here to show it.

Arijirija says:

Re: Re: Re:2

In logic and philosophy it’s termed “category error” or “category mistake”. When someone makes a category error or mistake in writing software, and confuses metric with imperial units, the results can be fatal. When the same thing happens in law, the state can turn feral.

This appears to be one of those cases.

This comment has been flagged by the community. Click here to show it.

Benjamin Jay Barber says:

Re: Re:

“Back​page​.com Pleads Guilty to Human Traf­fick­ing in Texas
Attorney General Ken Paxton announced today that his office’s prosecution of Backpage.com has resulted in the company pleading guilty to human trafficking in Texas and its CEO Carl Ferrer pleading guilty to money laundering. This comes less than a week after the attorney general’s office assisted the Department of Justice with permanently shutting down the website.”

This comment has been flagged by the community. Click here to show it.

This comment has been deemed insightful by the community.
bhull242 (profile) says:

Re:

No, it was regarding prostitution, which is not the same thing as sex trafficking. Sex trafficking, by definition, involves coercion. Prostitution doesn’t, at least not necessarily. That’s exactly what the problem was, and the article already mentioned the prostitution convictions.

You should probably relearn what “gaslighting” means.

This comment has been deemed insightful by the community.
Mechanical Rhizome (profile) says:

Re: Both sides get blame here

This was equal opportunity political point scoring foe both left and right. Corruption magnet Texas AG Ken Paxton and anti-sex work California AG Kamala Harris were both eager to be in at the death of Backpage. Looks good on your political resume.

When those who believe sex work is “a truly evil transaction that exploits vulnerable women and ruins them such that no man would want to marry them” (like one commenter) join forces with people who just want to save children from trafficking…the ability of sex workers to operate safely plummets. The actual traffickers get pushed out of channels that law enforcement could easily monitor and back into the shadows, where they are harder to find.

This comment has been deemed insightful by the community.
That One Guy (profile) says:

'Who cares if the entire thing flopped in court, look at me Doing Something!'

Why, it’s almost as though the entire thing was dishonest performative garbage from the start with the goal not at all to stop or catch sex traffickers but to allow politicians and other government agencies to boast about how they are Doing Something without having to, you know, actually do anything.

Much like FOSTA the only people who benefited from this debacle are politicians and those engaged in sex trafficking, because you can be damn sure that after seeing Backpage dragged over the coals like this even after bending over backwards to help law enforcement the number of sites willing to offer similar help are going to be few and far between.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been deemed insightful by the community.
Stephen T. Stone (profile) says:

Re:

I defy you to tell me what is inherently evil about two consenting adults agreeing to have sex in exchange for money. And before you even start:

  1. I said “consenting”; non-consensual sex (i.e., rape) is not what I’m talking about.
  2. I said “adults”; sex with someone under the age of consent (i.e., statutory rape/child sexual abuse) is not what I’m talking about.

This comment has been flagged by the community. Click here to show it.

Anonymous Coward says:

Re: Re:

I defy you to tell me what is inherently evil about [prostitution]…

Prostitution is the most extreme moral depravity a woman is capable of. It arises from women’s poverty in a patriarchal society, and reflects the continuing cultural treatment of women as sex objects who exist for men’s pleasure.

That you seem to be ok with that says all we need to know about you, Stone.

This comment has been deemed insightful by the community.
bhull242 (profile) says:

Re: Re: Re:

Again, we’re not talking about those who are forced into sex work. Additionally, women aren’t the only ones who become prostitutes, and men aren’t the only ones who pay for prostitutes, so this patriarchal society you refer to is immaterial.

We’re talking about people—of any sex/gender—who, entirely of their own volition and without any coercion involved, decide to earn money through having sex with others (whatever gender(s)/sex(es) they prefer), and who have final say about what that entails. That some women may have sex with men (or for men) for money due to “women’s poverty” or being in a patriarchal society doesn’t explain why it’s wrong for everyone else.

Your strawman is bad, and you should feel bad.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

This comment has been flagged by the community. Click here to show it.

Anonymous Coward says:

Re: Re: Re:

Not all prostitutes, yes.

However, I’ve heard stories where they absolutely do exploit cis men for money. Then again, I take these stories with a grain of salt…

I don’t necessarily consider that exploitation if the men in the stories are dumb enough to think any sex worker is into them. Again, I take those stories with a grain of salt.

PaulT (profile) says:

Re:

“exploits vulnerable women and ruins them such that no man would want to marry them”

Interesting here that your only stated value for a woman is their desirability to a man for marriage, but you don’t place any blame on the men who pay for sex, only the person you claim is a victim.

I think you said more here than you realised, and it’s not good…

This comment has been flagged by the community. Click here to show it.

Anonymous Coward says:

Re: Re:

Interesting here that your only stated value for a woman is their desirability to a man for marriage, but you don’t place any blame on the men who pay for sex, only the person you claim is a victim.

Are you seriously so addled that you need me to spell it out for you? Men who facilitate prostitution by exploiting vulnerable women should be chemically castrated (then shot out of spite).

This comment has been deemed insightful by the community.
Mechanical Rhizome (profile) says:

Re: Re: Re:

The US Armed Forces are going to be rather handicapped after you have 20% of them executed.

Are you also executing women who pay for sex with women? What about men who pay for sex with men? How about anyone in a “sugar daddy” role? Or those who visit a legal brothel in Nevada?

Seems like our streets would be soaked with blood pretty quickly. Reminds me of Singapore executing 1st offense drug smugglers.

If you really gave a damn about trafficked women, you’d support the type of decriminalization parts of Australia has implemented. Trafficking goes down, and the health + safety of the sex workers goes up.

Anonymous Coward says:

Re: Re: Re:2

Are you also executing women who pay for sex with women? What about men who pay for sex with men? How about anyone in a “sugar daddy” role? Or those who visit a legal brothel in Nevada?

No (just clitorectomize then sterilize). Instant execution. Idk what a “‘sugar daddy’ role” means. As long as the brothel patrons pay their taxes, no problem.

Anonymous Coward says:

Re:

It always is funny as hell whenever the topic of Backpage comes up, John Smith, because even after five years of lurking on Techdirt and threatening a public press release you still can’t decide whether women are cynical masterminds of corporate laddering who sleep their way to power or victims that have to be constantly protected from exploitative powermongers who still live in their parents’ basements.

But all it takes is a little bit of nudging and the truth comes out that you’re still angry that Rose McGowan wouldn’t deem you worthy enough to spit in your general direction.

Also the fact that Backpage was taken down without the need for FOSTA.

Anonymous Coward says:

money laundering

if i knew the corrupt criminal government was coming for my $$$. i would move it out of there reach too!
then we have the DOJ. they thought they were dealing with criminals on there “save your own ass” program! otherwise known as the confidential informant program.
oops! they fucked that one up! by demanding more. expecting MORE! thinking they had some hold over there victims when they didn’t!
the victims only crimes are trying to keep there hard earned $$$$ from the criminals!

This comment has been deemed insightful by the community.
Amy Alkon says:

Lacey was "hiding" money he reported to the IRS on his taxes

People cheering this because “eew, prostitution, icky” need to understand why Lacey and Larkin did not plea bargain: because this is a First Amendment case, and the massive slew of abuse of process that succeeded here (and the bringing of this case itself because the subject matter would give morally currupt prosecutors a career-boosting “win”) makes it that much easier to repeat on other Americans.

ECA (profile) says:

So..

How many times does the gov. get to do this?
How many years has it been?

If Someone would make a few Definitions, at the beginning of the trials. They would END before they began.

So for all the Word games they are using, In Ping/pong, what would the score be??

AND can BP, sue the Gov.? For all the hassle and Word play thats costing BP, TONS of money.

ECA (profile) says:

Re: Re: da problem

Is finding someone willing to File against the US GOV.
There was/isnt a reason for ANY of it to happen.
There was info and proof that they WERE HELPING the policing agencies.
AND
The ladies were working together, to Note who was Good/bad/abusive/ and other data.

NOW I SEE the problem.
DONT DEAL with reality, White wash everything. Dont let people Look under the sheets. And figure out WE ARE AS BAD as the rest, if not worse?

Anonymous Coward says:

Dating site spam accounts

Is there a link between this and all the spam on dating sites? I ask because I’ve made a wild assumption that there might be at the least a number of radical theists piggybacking off this if not working hand-inhand to cause problems for their others and then blaming them for it. I haven’t looked at dating sites since around the time this originally hit the news so maybe the ones I tried are functional now.

This comment has been flagged by the community. Click here to show it.

LostInLoDOS (profile) says:

Only

Of course, everyone will forget all this and still insist that Backpage was all about trafficking

Only the braindead that follow mainstream media and gossip crap in antisocial apps like meta and X

But is anyone educated (properly that is) really surprised? It’s the Department of Injustice. They are more interested in fake crimes of politicians with their pants down (left and right) and bull me too nonsense than stopping crime.

But here’s the real issue. Prosecutors don’t want to stop crime. No crime would put them out of business. They want big headlines that will allow them to say they need more funding.
That’s why they focused on presidents, Congress, rich people, and media outlets. That’s why they spend millions of tax dollars for fake crimes.

That One Guy (profile) says:

Re: Re: 'I'm sure that guy had it coming, all hail the Dear Leader for protecting us!'

Does it count as ‘political’ if the only reason it’s democrats going after him is because he owns the republican party to such an extent that I honestly believe that he was right when he said he could shoot someone in the middle of a major city’s street and they’d still support and/or defend him?

Mind Dragon (profile) says:

Weaponized DOJ murdering people

It’s terrible that the DOJ gets weaponized to cause harm to people that “they don’t like”. This is the very thing that our forefathers hated about England. They fled the persecution and even wrote it into the declaration of independence.

The RIGHT to LIFE, LIBERTY and the PURSUIT OF HAPPINESS.

And these airheads are murdering people by using the use of long term, money/time/energy/life draining Federal Lawsuits that are completely baseless.

Just awful.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...