Earlier quoted context omitted.
From the page's title: > The Actual Mike is not quite the virtual Gatsby Jay Gatsby was a criminal. Of course he says he's "not quite the virtual Gatsby." But he's still essentially likening himself to a fictional criminal.
Jay Gatsby was a criminal. That's gray. It's hinted and perhaps likely that he was a bootlegger. As that was legal before prohibition and after, it's hard for me to morally judge him a criminal what with his character never having been charged and convicted of any crime.
Just like people who drove 80mph were criminals during the Emergency Highway Energy Conversation Act, but they weren't before or after that.