Chicago Criminal Lawyer Blog

January 27, 2023

Former Police Officer Charged With Possession of Child Pornography

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

A former Dixmoor police officer is being held on $1 million bail after being found in possession of dozens of images of child pornography. The officer faces three felony charges related to the possession of child pornography. Police found 35 images on his phone. In some cases, the girls pictured on the phone were described as “prepubescent.”

In some states, you can be charged for each image found in your possession. In Illinois, they will charge you for each depiction of a minor. In this case, three victims were found on the defendant’s phone. Hence, he is facing three felony charges related to the possession of child pornography. The same girl was found in several of the pictures. Police will track down the victim to determine if more criminal charges are justified. If the defendant created the pornography, then that is another crime the state can add to the ledger.

Police were tipped off when child pornography was found in the account of the defendant’s email. The tip was sent to the Center for Missing and Exploited Children, which forwarded the tip to law enforcement, which confronted the officer and seized three phones from his possession, all of which contained the files in the tip.

January 25, 2023

Will Alec Baldwin Be Convicted of Involuntary Manslaughter Charges?

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

The defense is characterizing the charges as baseless and without merit after New Mexico prosecutors charged Baldwin with manslaughter. Baldwin was the one who fired the loaded gun, but there is no one who believes he intentionally wanted to harm Halyna Hutchins. The question is one of negligence.

Under the law, simple negligence is not a crime. However, culpable negligence is a crime. As an example of a crime of culpable negligence, think reckless driving or DUI. In these cases, you may not be trying to hurt anyone, but you are placing others in a position where they can be hurt or even killed. In cases of DUI involving a death, you have culpable negligence that gives rise to homicide. So, did Baldwin contribute a DUI-like amount of culpable negligence to trigger a manslaughter investigation?

The Prosecution’s Argument

January 20, 2023

Chicago Public Schools Sex Crimes Unit Reports “Extraordinary High Case Volume”

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

Yes, the City of Chicago has a department that investigates every allegation of sexual abuse made against an employee of the city. Since its creation in 2018, it has handled over 1,700 complaints. This year, however, the unit fielded a record-high number of complaints, 470. The complaints ranged from the bizarre to the infuriating and have resulted in 16 cases being filed against school-affiliated employees.

The district cautioned parents about interpreting the data. They claim that Chicago Public Schools do not have a higher rate of sex crimes than other districts. They remain one of the few districts to keep accurate records of sex crimes and report those to the media. According to CPS, paying better attention results in better information, which may result in shocking statistics.

The district reminded parents that even though the volume is higher, in many cases, there would be no investigation regardless of the quality of the allegations.

January 18, 2023

Staffer Accused of Stealing $2M from Art Institute

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

A staffer has been accused of stealing nearly $2 million in payroll from other employees at the Art Institute, according to a federal indictment. The staffer is accused of diverting funds meant for other employees into his own bank account. The fraud went on for nearly 10 years before it was discovered when another staffer noted unusual account activity.

According to the Art Institute, they instituted an audit process to review their financials in 2019. That was when the perpetrator was caught. The employee was immediately terminated, and the matter was referred to law enforcement. The employee is now facing charges of wire fraud and bank fraud.

The Heypenny Scheme

January 13, 2023

Law Enforcement Ponders the Role of Deepfakes in CSAM

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

Child sex abuse material (CSAM) remains a major concern for law enforcement. Today, the penalties for possession, dissemination, and creation of CSAM are higher than ever before. Part of the role that law enforcement plays is identifying victims. Today, it is possible to generate the face of a random individual that looks real. Could producers of CSAM use this technology to produce illegal pornography? Absolutely.

But is it a crime?

What Remains Illegal?

January 11, 2023

Deepfake Tech and American Law

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

You have probably seen ads for AI image generators on social media and are wondering about the legality of that and how it can be legally used. Most of that remains unclear; today, it is possible to put major public figures into images and photos potentially doing compromising things. While on the one hand, this can be used in ugly and nefarious ways. On the other hand, it casts doubt on the veracity of all images.

Revenge porn, child pornography, and other illegal forms of pornography seem now to have a legal avenue into the mainstream. While AI art-generating sites will prevent images with nudity from being generated, it remains within the realm of possibility to create images of an ex or illegal pornography for personal use. What does the law say about this?

It is illegal

January 6, 2023

SAFE-T Act Put on Hold Amid Legal Battles

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

The SAFE-T Act was set to go into effect on January 1st of the new year. However, the no-cash bail provision of the bill was deemed unconstitutional by an Illinois judge. The Illinois Supreme Court put a halt on the legislation, which will likely force legislators to revisit some of the provisions of the bill.

While those on the right have derided the legislation as being soft on crime and making the streets less safe, the left believes that the criminal justice system unfairly favors those with money. Ending cash bail is one way to make the system fairer. However, it is not clear that either side is correct, and in all of the confusion, necessary reforms are falling by the wayside.

Had the Supreme Court not stepped in to block the legislation, cash bail would have survived in the counties that sued to block the measure. With some counties participating and others not, the court blocked the legislation until it could review it more carefully and determine if any of the provisions of the law violated the state constitution.

January 4, 2023

FTX Crypto Execs Plead Guilty to Various Forms of Fraud

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

Two FTX associates have pleaded guilty to charges including wire fraud, commodities fraud, and securities fraud amid the crypto collapse that temporarily destabilized the U.S. economy. Amid the allegations leveled at the company are accusations that they kept no discernable ledger for transactions, did most of their bookkeeping with QuickBooks, and cut themselves loans with their own names as both borrower and recipient.

The largest player, Sam Bankman-Fried, was still in the Bahamas as he was supposed to be testifying before Congress. He was flown back to the U.S. and is currently in FBI custody. A deal was reached with the two associates in exchange for testimony against Bankman-Fried. Bankman-Fried appears poised to be the fall guy for whom the FBI has been waiting. Collectively, the two associates faced 110 years in federal prison. However, their cooperation with law enforcement could help them secure much better deals moving forward.

Ultimately, the federal prosecutors want Sam Bankman-Fried. Bankman-Fried recently disbursed $100 million in FTX assets to Bahamian investors even as the crypto-exchange assets were frozen per the bankruptcy court. This amounts to bankruptcy fraud and is yet another charge that will be added to Bankman-Fried’s growing list of charges.

December 30, 2022

New Junk Science Being Used by Police to Destroy Lives

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

Over-the-phone lie detection is the latest junk science employed by the FBI and police departments across the country. While experts familiar with the work say it should not be used to convict individuals, it is being used to analyze 911 calls to determine whether the calls are honest or false.

Today, the Karen phenomenon and swatting have police on high alert for false calls. But it isn’t swatting and Karens that are being stopped. Often, it’s people who “say the wrong thing,” according to this method of analyzing speech patterns. And that could be anyone, even the victim of domestic violence or sexual assault.

What You Need to Understand

December 28, 2022

911 Call Analysis Used to Convict Man of Murder

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

A recent television series documented a case in the United States revolving around a man accused of murdering his wife. In the criminal case, the prosecution used testimony from an expert witness to claim that the man staged the 911 call and was actually himself the murderer. He was convicted based on the testimony of a sergeant who interpreted the 911 call as being staged. A jury convicted the man on that basis.

The basis for the witness’s testimony is a little-known method of lie detection promulgated by police departments and the FBI. According to these departments, you can tell if a person is lying by interpreting linguistic cues and stress in their voice. Of course, there is little scientific basis for this, and there has been no testing to determine the veracity of these claims. That’s not the problem, however.

In most cases, we would laud anyone who wanted to endeavor to determine if there was any method to determine if someone was lying by studying their vocal cues. That’s not what’s happening here, however. Instead, the police departments are assuming that they can do this without subjecting their procedures to peer review. Even those most familiar with the theory have publicly stated it should not be used to convict individuals. Nonetheless, there have been 100 cases (at least) throughout the U.S. in which 911 call analysis or vocal stress interpretation.