Criminal defense

January 15, 2021

Chicago Area Businessman Charged With Defrauding COVID Relief Fund

by Law Offices of David L. Freidberg, P.C.

A Chicago-area businessman has been indicted on federal charges for making fraudulent claims to the government in order to bilk COVID relief money from the fund. Carlos Smith, 56, of Park Forest, Illinois is charged with fraudulently obtaining $420,000 in small business loans from the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan Program (EIDL). Both programs were created under the CARES Act. Smith has been charged with two counts of wire fraud, one count of making false statements to a financial institution, and one count of money laundering.

The Alleged Fraud

Federal investigators say that Smith applied for a $270,000 loan from the PPP for his company CLS Financial. In the loan application documents, Smith indicated that his company had 61 employees and an average monthly payroll of $108,000. But the company had no employees at all, let alone payroll. Smith also lied about having been convicted of a felony in the past.

January 13, 2021

Chicago CEO Loses Job After His Role in Capitol Riots

by Law Offices of David L. Freidberg, P.C.

Many of those who engaged in the violent protest that ended the life of one D.C. officer and several protesters are facing federal charges right now. Their faces and names are appearing all over social media and their identities are being revealed. In cases in which the federal government refuses to file charges, the individuals are being held accountable by the companies for which they work. One Chicago-area CEO discovered this the hard way.

Bradley Rukstales is one of the protesters who are facing federal charges stemming from the Capitol riot. He has also lost his job as CEO of the tech company Cogensia. A spokesperson for the company said Rukstales was terminated on Friday, effective immediately. The Vice President and COO of the company will take over Rukstales’ duties.

The company issued a statement that said that Rukstales’ actions were not consistent with the core values of the company. Rukstales is also facing federal charges for unlawful entry and disorderly conduct on Capitol grounds.

January 8, 2021

Seven Children Found in Vacant Apartment, Mother Charged

by Law Offices of David L. Freidberg, P.C.

Chicago police have charged an area mother after her seven children were found in an abandoned West Side apartment. The 31-year-old single mother has been charged with seven counts of child endangerment. Police were called after someone from the apartment building called to tell them that they heard noises inside an apartment that was supposed to be vacant. Inside, the police found seven children ages 14, 11, 7, 6, 5, 4, and 2. All seven children were brought to the hospital for an examination. Police say the children are in good health.

Neighbors described the woman as “nice” and a “hard worker.” According to the property manager, however, the apartment was supposed to be vacant and the woman and her children were squatting there. When the property manager tried to enter the apartment, he found it blocked off by a 2×4.

The Children Were Found in Squalor

January 1, 2021

Police Say Suspect Grabbed for an Officer’s Gun

by Law Offices of David L. Freidberg, P.C.

A man who was arrested on suspicion of domestic battery grabbed for the arresting officer’s gun, police say. Unsurprisingly, Mario Castro appeared before the criminal court judge with a black eye and his arm in a sling. The judge entered a not-guilty plea on behalf of the defendant and assigned him a public defender.

According to the police report, Castro body-slammed his girlfriend and punched her in the face over an argument concerning a phone. Police were called to the home at 7:30 p.m. The victim told police that Castro made “rude comments” about her children so she demanded that he leave. She told police that Castro responded by body-slamming her in front of her children.

Castro left the apartment before police arrived but returned later and the police were called again. At about 8:10 p.m., they arrived at the scene, again too late. This time, Castro had taken the woman’s cellphone and punched her in the face. Castro came back a third time, and police found him hiding in a pantry closet. Castro was asked to step out and did but he pulled away from police when they asked him to put his hands behind his back. Castro was taken down, still struggling. He managed to grab a gun magazine and strike the officer in the arm with it. He then attempted to remove the gun from the officer’s holster but was repelled in the attempt. Eventually, the police tased Castro, but the taser was not enough to prevent him from continuing to struggle. Eventually, police were able to get him in handcuffs, but Castro continued to struggle, so they sprayed him with pepper spray.

December 25, 2020

Judge Vacates Conviction After Man Spends 30 Years Behind Bars

by Law Offices of David L. Freidberg, P.C.

A Cook County Judge has vacated the conviction of Chicago man, Jackie Wilson, who was framed and convicted for the murders of two Chicago police officers. Wilson maintained that he was just an innocent bystander and it was his brother who had pulled the trigger. Wilson alleged that he was tortured and framed and maintained his innocence throughout his incarceration. In addition to vacating Wilson’s conviction, the judge ordered a special prosecutor to investigate whether or not the prosecutor who convicted Wilson perjured himself or suborned perjury from a witness.

Suborning Perjury and Perjury

Perjury is simply lying under oath. You make a claim that you know is false and present as true to a judge and jury. Defense attorneys and prosecutors both have a duty to uphold the law. Even as defense attorneys, we cannot knowingly place a client on the stand whom we know is guilty and allow that individual to make false claims before the court. When a defendant commits perjury, a second investigation is sometimes initiated into the lawyer who placed that witness on the stand. If it can be determined that the lawyer knew that their client was going to misrepresent the truth, then they are not only guilty of a disbarrable offense, but also a felony.

December 4, 2020

Man Stabbed to Death at Thanksgiving Dinner

by Law Offices of David L. Freidberg, P.C.

The holidays are a stressful time, especially this year with so many facing an uncertain future. On top of that, COVID shutdowns are causing crime to spike all over the country, especially in major cities. Chicago is among the major U.S. cities that have seen spikes in crime during the quarantine. Meanwhile, economic recessions, counterintuitively, cause crime rates to go down.

But COVID has not behaved like an economic recession. In fact, the situation we are still enduring is unprecedented in the last 100 years. Still, the question remains: Why is crime spiking when fewer people are on the street?

Mental Health Issues

November 27, 2020

High School Teacher Fired for Inappropriate Conduct With Students

by Law Offices of David L. Freidberg, P.C.

Female teachers having inappropriate relationships with male students grab all the headlines. However, the reverse is actually far more prevalent, and this is perhaps why it grabs fewer headlines than the same type of crime committed by females. Recently, a male teacher at Bartlett High School has been fired after reports surfaced of misconduct with students dating back to 2008. The teacher had been with the school for over 25 years. In this article, we will discuss the circumstances that led to his discharge and arrest.

What Happens Now?

Currently, the situation is still under investigation. The school board reached a unanimous decision to fire the teacher and recommended that his teaching license be revoked. They simultaneously filed reports with the Illinois Department of Children and Families, the Board of Education, and forwarded the results of their investigation to the State’s attorney. Thus far, however, no sex crime charges have been filed. That could change soon.

November 25, 2020

City Official Acquitted in “Road Rage” Incident

by Law Offices of David L. Freidberg, P.C.

A road rage incident went way out of control when one of the combatants grabbed the other by the hair and threw her to the ground. The state employee, Keli Calderone, pulled a sidearm that she was licensed to carry and shot the man. That man survived but sustained severe injuries as a result of the incident. Calderone was charged with attempted murder, but later, she was acquitted on the grounds of self-defense. Beforehand, however, Calderone was held before a termination committee to decide whether she was still allowed to work in her capacity with the Office of Emergency Management and Communications. The office rejected her claim of self-defense and terminated her.

The Self-Defense Argument

Self-defense arguments are really easy to make in some states (Florida) and really difficult to make in other states, like Illinois. Calderone was charged with attempted murder, but the judge who presided over her case determined that because she had been thrown to the ground, and was in a vulnerable position that left her subjected to further force, her use of her gun was justified.

November 20, 2020

Police Shut Down Drug Hotline

by Law Offices of David L. Freidberg, P.C.

26 Westside residents are facing federal charges related to the operation of a drug hotline. The FBI says that they made numerous purchases of crack-cocaine and fentanyl-laced heroin. The operation began in the summer.

Federal authorities issued a statement that said that they will continue to vigorously prosecute anyone who distributes fentanyl-laced drugs on the streets. Over the summer and early fall, 13 were arrested on drug and weapons charges related to the operation. Another 13 now face charges related to conspiracy, trafficking, and other charges. The complaint names Dexstin Bryant, a 31-year-old from Chicago, as the ringleader. Bryant allegedly distributed 124 grams of fentanyl-mixed heroin and 38 grams of cocaine.

The Convenience of Delivery

November 18, 2020

Former Escort Accused of COVID Relief Scheme

by Law Offices of David L. Freidberg, P.C.

Crystal Lundberg told a federal judge that getting charged with wire fraud had changed her life for the better. She said that she found legitimate employment and was growing as a person. But federal authorities have charged Lundberg in another scheme to defraud. This time, the victim was the federal government that disbursed $150,000 in loans to Lundberg’s business to keep her payroll going.

Federal prosecutors now say Lundberg took the loans that were earmarked for COVID relief and spent the money on vacations, legal bills, and other personal expenditures while simultaneously delaying her surrender date to the Bureau of Prisons.

Other problems for Lundberg include Facebook posts she made indicating that her plan was to spend the federal relief money until the feds came and arrested her. Obviously, federal authorities believe that Lundberg wanted one last hurrah before serving her prison sentence.