case dismissed, citing numerous news reports that claimed tiger woods paid alleged mistress, rachel uchitel as much as $5 for her silence. but halderman's lawyer points out that prosecutors didn't file charges against uchitel or any charges against her lawyer. why not? according to halderman's lawyer, because their behavior was capitalist, not criminal. he adds, the reality is that evidence of celebrity misdeeds has a significant fair market value. saying his client's offer was just a business transaction. and that no crime was committed here. letterman's lawyer fired back, telling nbc news, this was not a sale of anything legitimate. this was classic extortion. legal experts say halderman's strategy sounds like a stretch. >> it's almost not a legal argument, it's almost a water cooler argument. it's like getting a loan if a bank to holding up a bank and saying, hey, in both cases, we ended up with the money. >> reporter: investigative reporter, jarmd posner agrees, his reporting is cited several times in the new halderman court filing. >> they're trying to fit it into the tiger woods analo