Chicago Criminal Lawyer Blog

February 22, 2017

Money Laundering in Chicago: In Pursuit of the Proceeds of Crime

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

The victims of money laundering are not just those that lose the funds but also those that are used in disposing of it. This much is made clear by the provisions of legislative instrument number 720 ILCS 5/29B-1 of Chicago. It is not uncommon for family members to be unwittingly roped into fraudulent schemes based on their love for a son or daughter. The attorney that is handling such cases can expect a significant involvement in the investigative process. The discovery alone is bound to be a real challenge. The definition of the crime includes any act that seeks to hide the source of illegally acquired funds. The most sophisticated version of the crime involves “washing” dirty money by making it appear to be legitimate.

This is a crime that is prosecutable at both the state and federal level depending on the circumstances and the charges that are preferred by the prosecutor. The defending attorneys must be well versed in all the rules of the financial system. The defendant may have a very sophisticated web of information and tactics that make an investigation difficult. They may even lie to their lawyer in order to save face. That is why the services of an experienced counsel can be invaluable in cases such as this.

How to Untangle the Ingredients that Constitute the Crime

February 17, 2017

Insider Trading in Chicago: Responsible Financial Industry Regulation

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

The breach of trust in insider trading is not as obvious as other forms of breach of trust. The basic premise of the law is that there is an implicit trust by members of the public that financial institutions will follow the letter of the law. However, there are those whose interest in fast profits far outweigh any moral considerations. They make use of their privileged access to information in order to make decisions that are advantageous to them whilst simultaneously expecting the public to take up the cost of their mistakes. The public is effectively being asked to gamble with all the odds stacked against them. This is the essence of insider trading and it is precisely the behavior that the courts try to punish.

Understanding the Basic Premises and Assumptions that Underpin the Law

The basic premise of a functional market is the freedom to trade and that requires information that is readily available, or at the very least legitimately acquired. The inside traders tend to skip this important step, with devastating impact on their business rivals. A classic case in point is where a trade is able to get a tip off a potential merger, acquisition, or redundancy. He or she then shares this vital information with favored accomplices so that they can make a quick profit or alternatively cut their losses. There have been some defendants who have pleaded innocence, arguing that they did not know what they were committing a SEC (Securities Exchange Commission) violation.

February 15, 2017

Bank Fraud in Chicago: White Collar Theft

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

The crime of bank fraud is sometimes thought of as being harmless given the fact that it involves big powerful corporations and rarely involves any violence. However, the courts take it seriously and are quite capable of imposing significant penalties for it. The technical definitions of the crime include the illegal acquisition of assets, money or property by any entity or institution through deceit and dishonesty. Given the concern about an implied leniency against white collar offenders, bank fraud has sometimes been elevated to the level of a federal crime.

According to the Bank Fraud Act, the prosecution is free to label and pursue the crime depending on the amounts involved and the method that was used. A level of sophistication as well as conspiracy will always be aggravating factors. On the other hand, the court will also consider the victim impact statements. Although the media coverage may often be sensationalist, the courts are at pains to demonstrate that they are bound by the sentencing guidelines as well as the facts as examined from the viewpoint of giving as much weight as possible to the intention of the legislature when the law was enacted.

Developing a Theory and Practical Basis for a Defense

February 10, 2017

Burglary Tool Possession in Chicago

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

Crimes or accusations of inference and supposition ought to be relatively easy to defend because of the lack of clarity surrounding them. However, the reality is that the legislation has been written in such a way as to favor the prosecutor and the accusing officer. The basic tenets of the law under the provisions of statutory instrument number 720 ILCS 5/19-1 are that if you are caught with paraphernalia that could be used to commit a crime; then the authorities are well within their rights to accuse you of the intention to commit that crime.

That is not always the case in all crimes, but in the case of burglary the principle more or less operates as described above. That then leads the defense counsel to determine what exactly constitutes crime-related paraphernalia. In this, as in many other things, the law is still lacking in clarity. For example, something like a bolt cutter could be used for legitimate carpentry operations as part of a professional undertaking. At the same time, it remains one of the most common tools that home burglars use in order to gain access.

Developing the Rules Through Experience

February 8, 2017

Solicitation of Murder for Hire in Chicago

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

The crime television niche has done much to highlight the intricacies of the solicitation of murder for hire. Like in all legal jurisdictions in the world, this is a serious crime in Chicago. It involves a certain amount of breach of trust by a loved one. For the media, it is a chance to revel in the wickedness of humanity, particularly if the story involves a faithless spouse who decides to put a lifelong companion to sleep. The rudiments of the crime are to be found in the provisions of 720 ILCS 5/8-1.2.

Needless to say, this is a serious crime that leads to the death penalty in some states. It is also an infectious crime in as far as more than one person may face charges. The one that commissioned the crime and the one that executed it are both charged together with any accomplices. That is not even accounting for the ensuing public scandal that is backed by sensational media reporting. For the ambitious defense lawyer, these crimes are a boon in as far as they are a fast track to fame.

The Implications of the Charge and Conviction

February 3, 2017

The Limits and Boundaries of Unlawful Restraint in Chicago

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

There has been much public debate about how and why the law as it stands is relevant to the daily lives of people in America. It is therefore not surprising that the enactment of the Chicago law on unlawful restraint has exercised lawyers on both ends of the spectrum. Some perceive it to be a vanguard of protections from potential kidnappers. Others are less complementary and perceive it to be full of inconsistencies. This article considers some of the legal and practical issues that would be relevant to the work of a defense attorney in these cases.

An Overview of the Relevant Rules

First of all, it is important to note that the original conception of the law was designed to address those who held others against their will and without the appropriate authority. Therefore, this law is a precursor to the measures that punish various forms of kidnapping. The constituent elements of the crime include the prevention of free movement without proper authorization.

February 1, 2017

Obstruction of Justice in Chicago: Letting the Law Take its Course

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

The lack of clarity about the law on obstruction of justice (and the significant leeway that is afforded the law enforcement agencies) make this one of the most controversial areas of legal practice. Those misgivings notwithstanding, a charge of this nature brings serious consequences. Quite often defendants are caught off guard because they imagine that trivial instances of Disorderly Conduct are nothing more than being obnoxious. Later on they discover that they are facing a daunting rap sheet. At other times the obstruction appears to be relatively innocuous. A case in point is the provision of false information either after being prompted or without being prompted following a traffic incident.

The Rationale for the Law and Administrative Provisions

Currently the law is listed under the provisions of legislative instrument number 720 ILCS 5/31-4. This is a felony and that has implications for the charging process. The prosecutor has two choices. The first option is to use information while the second is known as an indictment. The defense attorney must have exceptional skills and knowledge about the law as well as its practice in order to defend any of these routes adopted by the prosecutor.

January 27, 2017

Public Indecency in Chicago

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

The law of public indecency in Chicago is complex precisely because it touches on the interaction between personal freedom and societal norms. What some consider to be harmless exhibitionism may meet the statutory minimum for the crime of public indecency (see People v Reed). Generally speaking, society has condemned indecent exposure in public as an unacceptable occurrence that must be punished. Sometimes, however, people who are engaged in perfectly harmless activities are suddenly subjected to a complex criminal investigation under these laws. However, it must be noted that the law enforcement agencies in Chicago have used an even-handed approach in these cases.

Understanding How the Crime is Committed

The intent is important in determining whether the offense is a mere misdemeanor or whether it meets the criteria for a felony. It is not the case that indecent exposure is an infraction, although this is a widely held misconception of the law. You should not expect that you can get away with merely paying a small fine. In the worst case scenarios, you can get a substantial term of custody as well as compulsory registration on the sex offenders list. The provisions of 720 ILCS 5/11-30 set out the legal premise for the law as follows:

January 25, 2017

Vehicular Hijacking in Chicago

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

Just like in many jurisdictions, Illinois takes vehicular hijacking to be a particularly serious crime as listed in the provisions of the legislative instrument number 720 ILCS 5/18-4. Upon conviction, the defendant can expect a term of imprisonment that ranges anywhere from four to 15 years. There are specific aggravating and mitigating features that the defense attorney should pay careful attention to.

If the judge believes that the aggravating circumstances outweigh the mitigating features, they can raise the sentencing range to six to 30 years. In exceptional cases, a whole life term may be imposed. Therefore, it is clear that this is the type of offense in which the court has wide discretion. It also means that the defendant will require first-class legal representation in order to bring the categorization down to the lowest end of the seriousness scale.

Procedural and Substantive Considerations in the Legal Framework

January 20, 2017

Felonies in Chicago: Elevating the Consequences of Criminality

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

The felony charge sits just below terrorism and treason when ranking the criminal offenses that are known in the Chicago statues. It is a step up from the misdemeanor and carries a lot of serious consequences for the defendant including the loss of their liberty and a debilitating criminal record. As a rule of thumb, an offense becomes a felony if it is capable of attracting a punishment that exceeds one year in jail. Some jurisdictions have gone as far as setting mandatory sentencing for certain felonies in order to control the court process in such a way as not to dent public confidence in the system. Others have classified obsolete felonies as being non-prosecutable.

There is considerable public debate as to whether the classification of felonies is appropriate for this century. For a start, the idea of a permanent criminal record might sound good in terms of retribution and public safety. However, the reality is that people who are unable to find work will inevitably turn back to crime, which means that the vicious circle will never end. Nevertheless, the trial judge tends to take into consideration a number of factors at the sentence hearing including:

Previous known criminality,