Free speech appears to dictate whether and how ex-convicts are permitted to discuss former acts before a public audience. But an article in the ABA Journal discusses the likes of former Enron CFO Andrew Fastow, who pleaded guilty to conspiracy to commit wire and securities fraud in 2004, and his paid speaking engagement before the Association of Certified Fraud Examiners last year.
The question raised from such an instance is whether and to what extent money received for speaking about past crimes (or the subsequent business resulting from the public exposure) constitutes “proceeds” of the original offense, possibly subjecting those funds to seizure and forfeiture by the State?
Simply put, “but for” the criminal conduct would such an individual be in a position to demand such high fees? Be it literature like “Underboss” by Sammy Gravano, or blockbuster movies like last summer’s “The Wolf of Wall Street,” to what extent should crime be allowed to continue to pay?
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