Who's The Real Criminal???

On August 2nd of this year, 42-year-old attorney Jan Helder was convicted by a federal jury of using the Internet to try to entice a child after he attempted to meet an undercover agent posing as a 14-year-old girl. Immediately following the verdict, U.S. District Judge Dean Whipple tossed out the conviction citing that since no child was actually involved, the case was bogus. The practice has become widespread where undercover agents pose as children on Internet chat rooms. When adults strike up online relationships and arrange for sexual liaisons, police are waiting at the rendezvous point with handcuffs and arrest warrants. "We will appeal this," U.S. Attorney Todd Graves said. "Our program is going forward." So let me make sure I understand this, unless a child was actually molested, abused, or murdered, it's ok for this guy to get away with this? Now then for my original question:

Who is the real criminal???

I think that since Jan Helder was convicted by a federal jury, then the conviction should stand. Furthermore, there needs to be an investigation in to U.S. District Judge Dean Whipple for his actions. So who is the real criminal? BOTH! We have Helder who was convicted by a jury and Whipple who over turned the conviction and let Helder back on the streets. For Helder, the police will get you again. For Whipple, how can you sleep at night with this on your conscious??? I could not...