Felonies

June 11, 2024

Federal Extortion Charges Under the Hobbs Act (18 U.S.C. § 1951)

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

As a seasoned criminal defense lawyer based in Chicago, I recognize the immense pressure and complexities that come with facing federal extortion charges under the Hobbs Act, found in 18 U.S.C. § 1951. This federal law encompasses a wide array of criminal actions involving extortion, robbery, and interference with commerce through threats or violence. Being charged under the Hobbs Act can significantly impact one’s life, but gaining a thorough understanding of the statute, potential penalties, defenses, and the need for experienced legal counsel can help manage this challenging situation. This article will delve into the critical aspects of federal extortion charges under the Hobbs Act, relevant statutes, and the necessity of having competent legal representation.

Analyzing the Statute and Associated Laws

The Hobbs Act, named after Congressman Sam Hobbs and enacted in 1946, targets racketeering and public corruption, addressing robbery and extortion that disrupt interstate or foreign commerce. This statute’s broad application covers numerous activities that federal law deems criminal.

June 1, 2022

Man Facing Charges for Setting Homeless Man on Fire

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

In terms of senseless tragedies, this one makes as little sense as any. One man is facing charges after he allegedly poured lighter fluid on a sleeping homeless man and ignited it. The homeless man, who was featured in a documentary, was known to Chicagoans as “the walking man.” He is not expected to survive the attack.

A 27-year-old man has been charged. If the victim dies, the defendant will face charges of first-degree murder. Surveillance cameras show the man scoping the area for traffic before dumping the lighter fluid from a cup onto the sleeping man. The homeless man began thrashing wildly when a security guard noticed him and put out the blaze. 911 was immediately called.

Police used the surveillance footage to track down the suspect, who told them that he had found a cup full of gasoline and wanted to set some trash on fire. When asked why, he told police he was an angry person. The defendant maintains that he was not aware that a person was sleeping there. Medical personnel have described the burns as “non-survivable.”

February 9, 2022

SAFE-T Act Under Fire After Grand Jury Fails to Indict Man on Murder

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

The background is fairly simple. There is a controversial law on the books that allows the state to pursue first-degree murder charges against an individual who did not intend to commit the murder, but was in the process of committing some other forcible felony. As an example, if a man robs a liquor store and the clerk pulls a gun, the man cannot claim self-defense if he kills the clerk first. Instead, it is considered felony murder, the equivalent of first-degree murder. Makes complete sense, right?

Let’s move on to Alabama. You and a bunch of your friends are up to no good. Police spot you and tell you to stop. You do what kids do, and bolt. The police officer opens fire and kills your friend. You have now been charged with felony murder since fleeing law enforcement is considered a felony. Even though you did not pull the trigger, the law holds you responsible for the other teen’s death.

While the first situation makes complete sense, the second example is a gross perversion of the felony murder rule that is used to pin murder charges on mostly Black suspects. Hence, the felony murder rule is a target for police reformers who believe that the system is racist.

September 17, 2021

Police and Prosecutors Square Off Over Shooting Suspect

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

Prosecutors have dropped felony charges against a suspect who was implicated in the shooting death of a 7-year-old girl and an injury to her 6-year-old sister. Prosecutors refused to pursue felony charges against one of the suspects citing the lack of evidence and the failure of one witness to cooperate. The witness is believed to be a relative of the girls and was in a dispute with one of the suspects. Without this witness’s testimony, the murder trial against at least one suspect will not move forward. Prosecutors also cited a lack of a confession or video evidence as a reason to drop the felony charges.

The outraged police officers threatened to ignore the prosecutors and try the case themselves. But the prosecutor said they would dismiss the case if the police took that route. To avoid a public battle between police and prosecutors, police backed down from their threats. The suspect is now being held on a minor parole violation. However, the felony charges against him related to the shooting are gone.

The State Attorney’s Office issued a statement that said that prosecutors and police are now in accord with the handling of the case. Prosecutors reiterated that there was simply not enough evidence to bring the case to trial. The Chicago Police Department did not issue a comment when asked.

August 20, 2021

Chicago Pharmacist Accused of Selling Vax Cards on eBay

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

eBay has become a haven for sports card enthusiasts and other collectors acting as a veritable stock exchange for valuable collectibles. However, not everything that happens on eBay is legal. For example, if you place a bid on your own item or bid up items you have no intention of purchasing, you are committing a felony known as shill bidding. As another example, if you try to sell vaccination cards on eBay, you can be charged with 12 counts of stealing government property.

Chicago pharmacist Tangtang Zhao sold 125 vaccination cards to 11 buyers for about $10 per card. While not quite as lucrative as a Mantle rookie, Zhao pulled in roughly $1,000 from the fraud and will now face charges before a federal magistrate.

When discussing the charges, federal authorities were appalled at the low price Zhao got for the vaccination cards. According to a spokesperson for the FBI, “To put such a small price on the safety of our nation is not only an insult to those who are doing their part in the fight to stop COVID-19, but a federal crime with serious consequences.”

August 11, 2021

Teen Found Dead After Sexual Assault

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

Two people are facing charges related to sexual assault and the concealment of a dead body. Police have charged a 40-year-old man and an 18-year-old girl with aggravated criminal sexual abuse, and manufacturing of child pornography, among other related charges. The 40-year-old man assaulted the teen girl while the 18-year-old videotaped the incident.

Police were called to the scene after an area person called in a body. The girl was pronounced dead at the scene. She was later identified as a girl who had been reported missing.

What Happened?

July 16, 2021

Chicago Teen Charged With Killing Rideshare Driver During Carjacking

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

Back in the old days, they made you burn a saint to prove your loyalty to the gang was above all other considerations. Today, it appears that carjackings are fulfilling the same role. Carjackings are on the rise in Chicago with a healthy cross-section of defendants under the age of 18.

Recently, a group of 14-year-olds carjacked an off-duty police officer. They are facing charges. One of the teens was on home monitoring at the time of the carjacking, leaving everyone to wonder how he was allowed out of his home to commit a crime.

In another case, a Chicago 18-year-old is facing charges related to the carjacking of a rideshare driver. He is facing charges related to carjacking, armed violence, and causing a death while committing a violent crime. Meanwhile, many of these perpetrators are being charged under federal law, and federal authorities aid Chicago police in tamping down violent crime, gang violence, and weapons crimes. The same boy was arrested for another carjacking in March.

May 19, 2021

Fort Campbell Soldiers Implicated in Gun Trafficking Scheme

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

Three soldiers out of Fort Campbell have been charged with purchasing and selling weapons, some of which were used in violent homicides in Chicago, according to NPR. The three men are enlisted U.S. Army members from Fort Campbell which is home to the 101st Airborne Division. The U.S. Army Criminal Investigation Division and the ATF teamed up to make the arrests.

The trio has been charged with a slew of crimes related to the illegal trafficking of weapons. These will be charged as federal crimes. These include transferring a firearm to an out-of-state resident, making false statements concerning the acquisition of a firearm, wire fraud, money laundering, and other charges related to the scheme.

Prosecutors have identified the ring leader as 24-year-old Brandon Miller. Prosecutors have asked that Miller be denied bond as he allegedly poses a significant flight risk.

April 28, 2021

Woman Charged with “Felony Embezzlement” After Return VHS 20 Years Late

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

A Texas woman is being charged with felony embezzlement after returning a VHS tape of Sabrina the Teenage Witch, 20 years after its due date. The woman told authorities that she had never rented the tape, but at the time, she was seeing a young man with two young daughters. The tape was never returned, and now the woman is facing felony charges.

In March of 2000, the woman was charged with felony embezzlement of a rental property. However, no one went out looking for the major criminal. So 21 years later, the woman was trying to get her name changed after a recent marriage, and that is when she found out she was a wanted felon.

What is Embezzlement?

March 26, 2021

Two Men, Girl Charged in Organized Dating App Robberies

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

Two 18-year-old men are facing charges of terrorizing two other men who had arranged dates on the popular Tinder App. Jahziah McDonald and Jeremiyah Mannie were denied bail after the prosecutors said that the attacks were organized. The men have been charged with aggravated kidnapping, aggravated vehicular hijacking, and aggravated robbery—all of which are felonies. The men did not have adult records. However, one faced juvenile charges related to auto theft. A third female teenager was used to lure the men to the attack. The teenaged girl will face juvenile charges. A fourth individual who attended the attacks was released uncharged.

Hook-up Site Robberies Targeting Men

Men are not usually the target of hook-up site robberies. Generally, it is women who have to be more careful. However, anyone can be the victim of this sort of attack without regard to their gender. In this case, men hoping to hook up with a pretty girl were lured to a secluded place where the attack could be conducted. One man was forced to withdraw money from his account at an ATM.