Diversion Granted for CEO of IT Company Charged With Sex For a Fee and Case Dismissed

The defendant started a well known IT Company that employs over 1,000 people. The company is located in another state. Several months ago he was caught up in a sting operation in a Massachusetts city involving sexual services for a fee. The police placed a listing in a well known adult web portal advertising assorted sexual services for a negotiated fee. After back and forth text discussions an agreement to meet at a particular location was completed. Our client went to the location and, unbeknownst to him, met with an undercover police detective. After the client’s identity as the caller was confirmed he was arrested and charged with sex for a fee in violation of G.L. c. 272 §53A. Attorney Neyman was hired. We told our client to immediately take some prophylactic measures to ensure the best result possible. He complied by taking a prostitution awareness and prevention course and performing some community service. We then petitioned the Court for diversion pursuant to G.L. c. 276A. Over the objection of the Commonwealth the judge allowed our petition. He agreed that the course and the community service qualified as a program under the diversion statute and the charges against our client were dismissed. 

Here are a few key points from this case:

• The Massachusetts diversion statute enables judges to divert cases where the prosecutor’s recommendations are unreasonable such as in this case
• Diversion programs can be fashioned to fit the criminal allegations and the defendant’s personal needs. In other words
• Make sure you discuss a plan with your lawyer that can be presented to the judge
• Diversion programs do not need to be approved by the prosecutor
• Not all criminal defense attorneys understand how this law works so make sure to discuss this with your lawyer

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