Florida lawmakers suggest that Patriot's owner Robert Kraft could face a felony charge after the 78-year-old billionaire was busted for soliciting sex from prostitutes at an Asian massage parlor earlier this year.
Kraft was initially charged with two misdemeanor counts of soliciting a prostitute after he visited Orchids of Asia Day Spa in Jupiter on two separate occasions.
One of those incidents included dropping by at the massage parlor just hours before watching the Patriots beat Kansas City in the playoffs.
He was one of 25 suspected clients whose names were released as part of a six-month human trafficking investigation.
Robert Kraft (pictured) could potentially face felony charges after being charged with two misdemeanors for soliciting a prostitute this year
The Sun Sentinel reports that a court filing from the Attorney General's Office says Kraft could face a third-degree felony if the state wins their appeal for a lower court order.
If approved, this could elevate the punishment by up to five years in prison.
The decision to inflate multiple misdemeanors to a felony would be a peculiar move in the ongoing case.
'I literally have never seen that enhancement used in any county,' Jack Fleischman, a veteran criminal attorney with no connection to the case, said.
Authorities say surveillance videos show Kraft visiting Orchids of Asia Day Spa in Jupiter, Florida, on two separate occasions
Additionally, Kraft faces potential sanctions from the National Football League depending on the case's outcome.
In another battle in Kraft's case, Florida is challenging a judge's order in May that threw out all evidence against Kraft, including sex videos authorities secretly recorded during their investigation.
Judge Leonard Hanser claimed the officers did not have a lawful 'sneak-and-peak' warrant when they had surveillance cameras continually recording for five days in Orchids of Asia Day Spa.
Hanser believed that the warrant was faulty because it didn't require authorities to 'minimize' their surveillance to just criminal acts.
Pictured: Orchids of Asia Day Spa where Kraft allegedly received sex acts from the employees
At least four people were reportedly filmed getting proper massages with their clothes off, while 35 videos showed some form of sexual activity.
It's also believed that the hidden surveillance breaks the Fourth Amendment, which reads: 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...'
In response, prosecutors pushed back against Kraft's main points of defense, specifically that authorities went to extreme measures over his misdemeanor crimes.
'The investigation at issue here culminated in numerous felony charges against the owner, manager, and employees of the Spa. In addition, any person who purchased prostitution services on multiple days, as Mr. Kraft did, committed a felony,' the state attorney's office wrote on December 17.
Kraft (pictured) and his representatives claim that Florida authorities went to the extreme measures over his misdemeanor crimes
Deputy Solicitor General Jeffrey Paul DeSousa said that these low-level crimes oftentimes leads to more serious offenses.
'Finally, this Court need not turn a blind eye to the fact that investigations into illicit prostitution schemes often yield evidence of more serious crimes, including the modern-day slavery that underlies the felony offense of sex trafficking,' he said.
In the attorney office's appeal, they say that 'more stringent minimization procedures were not required' and 'police must be afforded greater leeway.'
Kraft's representatives have accused Florida authorities of falsely suggesting there was human trafficking at the massage parlor, to which officials later said they couldn't prove it.
Officials said that before the sting, inspections by the state health department strongly suggested that Chinese sex workers were living inside the parlor.
Prosecutors later said they could not file human trafficking charges because the workers refused to cooperate with investigators.
Assistant State Attorney Greg Kridos additionally asserted in April that no evidence of human trafficking was found.
'No one is being charged with human trafficking. There is no human trafficking that arises out of this investigation,' he told Rolling Stone.
Pictured: Kraft (left) and New England Patriots quarterback Tom Brady (right) celebrating their sixth Super Bowl victory at Mercedes-Benz Stadium in Atlanta, Georgia
Kraft took two chauffeured trips to Orchids of Asia Day Spa on January 19 and 20, becoming one of 300 men who were charged in February.
In September, an undercover Vero Beach detective recorded several alleged crimes at one spa. In each instance, the masseuse allegedly offered sexual favors, ranging from $200 for intercourse to $100 for oral sex and hand stimulation for as low as $40, according to TCPalm.com.
Vero Beach Police Chief David Currey explained the conditions to reporters Thursday.
'These girls are there all day long, into the evening. They can't leave and they're performing sex acts,' Currey said. 'Some of them may tell us they're OK, but they're not. We know that… even though we may have charges on some of them, we'd rather them be victims.'
The spa's owner, 58-year-old Hua Zhang, was arrested and charged with 26 counts of procuring prostitution.
Six other 'major players' were arrested as part of the prostitution and human trafficking ring. Lanyun Ma, Liyan Zhang, Junhua Dong, Yan Xu, Kenneth Zullo, and Yaping Ren were charged with crimes such as prostitution, racketeering and deriving support from prostitution.
Hua Zhang (left) was charged with 26 counts of procuring prostitution and Kenneth Zullo (right) of Sebastian was charged with racketeering
Lanyun Ma (left), 49, of Orlando was charged with human trafficking, unlawful transportation for the purpose of prostitution, racketeering and engaging in prostitution. Junhua Dong (right), 50, of Vero Beach is charged with racketeering, engaging in prostitution, and deriving support from proceeds of prostitution
Yan Xu (left), 51, of Sebastian was charged with deriving support from proceeds of prostitution, engaging in prostitution and racketeering. Yaping Ren (right), 27, of Orlando was charged with engaging in prostitution, racketeering, and deriving support from prostitutio
Local police had received tips, prompting investigators to conduct an undercover surveillance operation over the course of several months.
Now dozens of johns are facing charges.
'These are fathers, uncles and sons and family members of others,' Vero Beach Police Chief David Currey said.
Orlando's Yongzhang Yan owns the Vero Beach spa and AA Massage in Sebastian, as well as the Winter Park and Orlando Spas. According to police, his wife, Lanyun Ma, was in charge of the day-to-day operations at Vero Beach, TCPalm.com reported.
Police allegedly observed the couple transporting multiple women to and from the spa 'for the purpose of sexual servitude,' Ma's arrest warrant reads.
Ma was also allegedly seen purchasing condoms.
Some of the women – many of who came from China on work visas – were forced to stay for days at a time, while others did not leave for months, according to police.
Kraft (right) visited Orchids of Asia Day Spa on the just hours before watching the Patriots beat Kansas City in the Super Bowl playoffs
'Some of them are trying to make a better life for themselves,' Currey said. 'These people truly are stuck.'
Some of the women were allegedly conned into believing they were taking legitimate jobs, while others believed they were becoming real masseurs, but were later asked to engage in illegal activities.
Kenneth Zullo, 64, was seen transporting the women between spas and other locations, including the airport, according to his arrest warrant. Police reportedly had a tracking device on his car.
The investigation was launched in October following a health department complaint at East Sea Spa in Sebastian, Florida. An employee reported seeing clothing, bedding, suitcases, and other signs that people were living in the spa, which is owned and managed by Liyan Zhang, who was arrested and charged with 30 counts of prostitution.
Zhang had $22,000 cash in her purse, Loar told reporters. He estimates the business made over $1 million annually.
Beginning in December, police began stopping men after they paid for sex acts at the spa.
Police say they observed 140 sex acts performed for money.
Kraft was initially charged with two misdemeanor counts of soliciting a prostitute after he visited Orchids of Asia Day Spa in Jupiter on two separate occasions.
One of those incidents included dropping by at the massage parlor just hours before watching the Patriots beat Kansas City in the playoffs.
He was one of 25 suspected clients whose names were released as part of a six-month human trafficking investigation.
Robert Kraft (pictured) could potentially face felony charges after being charged with two misdemeanors for soliciting a prostitute this year
The Sun Sentinel reports that a court filing from the Attorney General's Office says Kraft could face a third-degree felony if the state wins their appeal for a lower court order.
If approved, this could elevate the punishment by up to five years in prison.
The decision to inflate multiple misdemeanors to a felony would be a peculiar move in the ongoing case.
'I literally have never seen that enhancement used in any county,' Jack Fleischman, a veteran criminal attorney with no connection to the case, said.
Authorities say surveillance videos show Kraft visiting Orchids of Asia Day Spa in Jupiter, Florida, on two separate occasions
Additionally, Kraft faces potential sanctions from the National Football League depending on the case's outcome.
In another battle in Kraft's case, Florida is challenging a judge's order in May that threw out all evidence against Kraft, including sex videos authorities secretly recorded during their investigation.
Judge Leonard Hanser claimed the officers did not have a lawful 'sneak-and-peak' warrant when they had surveillance cameras continually recording for five days in Orchids of Asia Day Spa.
Hanser believed that the warrant was faulty because it didn't require authorities to 'minimize' their surveillance to just criminal acts.
Pictured: Orchids of Asia Day Spa where Kraft allegedly received sex acts from the employees
At least four people were reportedly filmed getting proper massages with their clothes off, while 35 videos showed some form of sexual activity.
It's also believed that the hidden surveillance breaks the Fourth Amendment, which reads: 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...'
In response, prosecutors pushed back against Kraft's main points of defense, specifically that authorities went to extreme measures over his misdemeanor crimes.
'The investigation at issue here culminated in numerous felony charges against the owner, manager, and employees of the Spa. In addition, any person who purchased prostitution services on multiple days, as Mr. Kraft did, committed a felony,' the state attorney's office wrote on December 17.
Kraft (pictured) and his representatives claim that Florida authorities went to the extreme measures over his misdemeanor crimes
Deputy Solicitor General Jeffrey Paul DeSousa said that these low-level crimes oftentimes leads to more serious offenses.
'Finally, this Court need not turn a blind eye to the fact that investigations into illicit prostitution schemes often yield evidence of more serious crimes, including the modern-day slavery that underlies the felony offense of sex trafficking,' he said.
In the attorney office's appeal, they say that 'more stringent minimization procedures were not required' and 'police must be afforded greater leeway.'
Kraft's representatives have accused Florida authorities of falsely suggesting there was human trafficking at the massage parlor, to which officials later said they couldn't prove it.
Officials said that before the sting, inspections by the state health department strongly suggested that Chinese sex workers were living inside the parlor.
Prosecutors later said they could not file human trafficking charges because the workers refused to cooperate with investigators.
Assistant State Attorney Greg Kridos additionally asserted in April that no evidence of human trafficking was found.
'No one is being charged with human trafficking. There is no human trafficking that arises out of this investigation,' he told Rolling Stone.
Pictured: Kraft (left) and New England Patriots quarterback Tom Brady (right) celebrating their sixth Super Bowl victory at Mercedes-Benz Stadium in Atlanta, Georgia
Kraft took two chauffeured trips to Orchids of Asia Day Spa on January 19 and 20, becoming one of 300 men who were charged in February.
In September, an undercover Vero Beach detective recorded several alleged crimes at one spa. In each instance, the masseuse allegedly offered sexual favors, ranging from $200 for intercourse to $100 for oral sex and hand stimulation for as low as $40, according to TCPalm.com.
Vero Beach Police Chief David Currey explained the conditions to reporters Thursday.
'These girls are there all day long, into the evening. They can't leave and they're performing sex acts,' Currey said. 'Some of them may tell us they're OK, but they're not. We know that… even though we may have charges on some of them, we'd rather them be victims.'
The spa's owner, 58-year-old Hua Zhang, was arrested and charged with 26 counts of procuring prostitution.
Six other 'major players' were arrested as part of the prostitution and human trafficking ring. Lanyun Ma, Liyan Zhang, Junhua Dong, Yan Xu, Kenneth Zullo, and Yaping Ren were charged with crimes such as prostitution, racketeering and deriving support from prostitution.
Hua Zhang (left) was charged with 26 counts of procuring prostitution and Kenneth Zullo (right) of Sebastian was charged with racketeering
Lanyun Ma (left), 49, of Orlando was charged with human trafficking, unlawful transportation for the purpose of prostitution, racketeering and engaging in prostitution. Junhua Dong (right), 50, of Vero Beach is charged with racketeering, engaging in prostitution, and deriving support from proceeds of prostitution
Yan Xu (left), 51, of Sebastian was charged with deriving support from proceeds of prostitution, engaging in prostitution and racketeering. Yaping Ren (right), 27, of Orlando was charged with engaging in prostitution, racketeering, and deriving support from prostitutio
Local police had received tips, prompting investigators to conduct an undercover surveillance operation over the course of several months.
Now dozens of johns are facing charges.
'These are fathers, uncles and sons and family members of others,' Vero Beach Police Chief David Currey said.
Orlando's Yongzhang Yan owns the Vero Beach spa and AA Massage in Sebastian, as well as the Winter Park and Orlando Spas. According to police, his wife, Lanyun Ma, was in charge of the day-to-day operations at Vero Beach, TCPalm.com reported.
Police allegedly observed the couple transporting multiple women to and from the spa 'for the purpose of sexual servitude,' Ma's arrest warrant reads.
Ma was also allegedly seen purchasing condoms.
Some of the women – many of who came from China on work visas – were forced to stay for days at a time, while others did not leave for months, according to police.
Kraft (right) visited Orchids of Asia Day Spa on the just hours before watching the Patriots beat Kansas City in the Super Bowl playoffs
'Some of them are trying to make a better life for themselves,' Currey said. 'These people truly are stuck.'
Some of the women were allegedly conned into believing they were taking legitimate jobs, while others believed they were becoming real masseurs, but were later asked to engage in illegal activities.
Kenneth Zullo, 64, was seen transporting the women between spas and other locations, including the airport, according to his arrest warrant. Police reportedly had a tracking device on his car.
The investigation was launched in October following a health department complaint at East Sea Spa in Sebastian, Florida. An employee reported seeing clothing, bedding, suitcases, and other signs that people were living in the spa, which is owned and managed by Liyan Zhang, who was arrested and charged with 30 counts of prostitution.
Zhang had $22,000 cash in her purse, Loar told reporters. He estimates the business made over $1 million annually.
Beginning in December, police began stopping men after they paid for sex acts at the spa.
Police say they observed 140 sex acts performed for money.