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Attorney: Rush Limbaugh Blackmailed by Housekeeper

By Jeralyn, Section Crime in the News
Posted on Mon Dec 22, 2003 at 04:53:34 PM EST
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Update: The Judge ruled prosecutors can view Rush's medical records.

The judge said the state has a "compelling" interest in determining whether Limbaugh broke the law, trumping his right to keep his medical records private.

Rush's lawyers will appeal by the end of the day

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At a hearing today on whether prosecutors are entitled to Rush Limbaugh's medical records, Limbaugh's lawyer, Roy Black, told the court that the radio host was being blackmailed by his ex-housekeeper to the tune of $4 million--and that fear of becoming a criminal target stopped him from going to the FBI.

Prosecutors say Rush got prescriptions for 2,000 pills over a five month period--they are investigating whether he engaged in "doctor shopping" -- "getting multiple prescriptions from several doctors that he could not have received from just one" -- which is a felony in Florida. Prosecutors say he sometimes got more than one prescription in a single month. It is in connection with investigating Rush's prescriptions, rather than his dealings with his housekeeper, that prosecutors want to see his doctors' records:

Earlier this month, prosecutors executed search warrants to seize Limbaugh's medical records from two doctors. Under Florida law, a judge must give his approval before prosecutors can review those records.

At a hearing Monday afternoon, Limbaugh's attorneys argued that authorities should not be given access to the records, saying prosecutors could have used "less intrusive means" to obtain information for their investigation, such as issuing subpoenas to doctors for records and information.

But prosecutors argued that the records are relevant and necessary to an ongoing investigation into how Limbaugh obtained painkillers. Assistant State Attorney James Martz said prosecutors feared records could be altered if authorities subpoenaed them, rather than seizing them.

We think the prosecution's argument is a stretch. What doctor is going to jeopardize his license by altering records to protect Rush Limbaugh?

A radio spokesperson said Rush and his attorneys are engaged in plea negotiations with the Palm Beach County state attorney's office. Another of Rush's lawyers, Mark Shapiro, denies it.

We don't think Rush was going to re-sell the pills--probably he was just stockpiling them. But he's definitely got some legal exposure here--not just state-wise but federally too, as obtaining prescription drugs by fraud and deceit is a felony. So any plea deal would have to be a global one, whereby if he pleads in state court the feds agree not to prosecute him. The Judge may rule on the medical records issue tomorrow.

[link via Atrios]

Update: Atrios says he's not sure what Roy Black's strategy is in making the blackmail disclosure. Roy is attempting to demonstrate that Rush never engaged in money laundering--that his large cash withdrawals were to pay blackmail.

Black said Limbaugh paid money to the Clines because they were blackmailing him - not because he was laundering money. "It's not money laundering to pay blackmail and extortion," Black said.

....Limbaugh allegedly withdrew cash 30 to 40 times at amounts just under the $10,000 limit that requires a bank to report the transaction to the federal government. The action drew suspicion because it can be a federal crime to structure financial transactions below the $10,000 limit.

Money laundering is also a crime under Florida state law, and Palm Beach prosecutors have said that a money laundering task force has been investigating Rush.

The Clines' lawyer, Ed Shohat (a good friend of our's, as is Roy) disputes Roy's claim and says his clients never blackmailed Rush.

"Rush Limbaugh confessed and admitted that he bought the pills. ... I know of no facts that my clients demanded money from Rush Limbaugh in any way," he said.

Hmmmm.......stay tuned.

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