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No. 15-3047
nors.” The letter cites the federal money-laundering statute,
18 U.S.C. § 1956, thereby intimating that the credit card
companies could be prosecuted for processing payments
made by purchasers of the ads on Backpage that promote
unlawful sexual activity, such as prostitution. And “make no
mistake,” the letter thunders: “Your [credit] cards have and
will continue to be used to buy ads that sell children for sex
on sites like Backpage.com. … The use of credit cards in this
violent industry implies an undeserved credibility and sense
of normalcy to such illicit transactions and only serves to increase demand.”
And here’s the kicker: “Within the next week, please
provide me with contact information for an individual within your organization that I can work with [harass, pester] on
this issue.” The “I” is Sheriff Dart, not private citizen Dart—
the letter was signed by “Thomas Dart, Cook County Sheriff.” And the letter was not merely an expression of Sheriff
Dart’s opinion. It was designed to compel the credit card
companies to act by inserting Dart into the discussion; he’ll
be chatting them up. Further insight into the purpose and
likely effect of such a letter is provided by a strategy memo
written by a member of the sheriff’s staff in advance of the
letter. The memo suggested approaching the credit card
companies (whether by phone, mail, email, or a visit in person) with threats in the form of “reminders” of “their own
potential liability for allowing suspected illegal transactions
to continue to take place” and their potential susceptibility
to “money laundering prosecutions … and/or hefty fines.”
Allusion to that “susceptibility” was the culminating and
most ominous threat in the letter.