Chicago Criminal Lawyer Blog

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.

December 23, 2022

Armed Robberies on the Rise Across Chicago

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

Police announced that were more than 50 robberies this week across the Northwest side of Chicago. They announced four suspects responsible for what they believe are four of the robberies. As they were making the announcement, a woman who was walking her dog was robbed at gunpoint by several men who rushed her from an SUV. They grabbed her purse, stole the keys to her vehicle, and took her jeep.

The robberies appear to be linked, according to Chicago police, and the MO is similar. The assailants approach the victim while they are alone, walking or in their car. They rob them at gunpoint and make off with their belongings. The suspects have been charged in four armed robberies, but police are currently attempting to link them to the other 50 or more that have occurred in the past month.

Armed Robbery With a Firearm

December 21, 2022

Father of Highland Park Suspect to Face Charges for Sponsoring Gun License

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

The father of Highland Park shooter Robert Crimo III will face seven counts of reckless conduct after sponsoring his son’s gun license. Robert Crimo Jr. surrendered himself to police after the charges were announced. Only an individual can face a crime related to reckless conduct. The government, of course, would never file charges against itself for authorizing the license to Crimo III. However, that is exactly what happened.

The prosecutor for the state told the press that parents are in the best position to determine whether or not their child should have a gun. However, this is equivalent to shifting the responsibility of licensing to the parents and away from the government. It would be an admission that the licensing process does not work and relies entirely on parents to determine if their children should be allowed access to weapons. In this case, the boy was 19 when his gun license was sponsored.

Analyzing the Prosection’s Arguments

December 16, 2022

Man Indicted on Hate Crime Charges for Threats Made at Jewish High School

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

A poorly-adjusted Chicago man approached a Jewish high school and began making threats against students and a rabbi who performed security at the school. The man made several Holocaust-related provocations at students and faculty and, at one point, began goosestepping and doing a Nazi march. When police arrived at the scene, the defendant was still doing the Nazi march. He was then taken into custody.

He has since been charged with a hate crime and is being held on a $100,000 bond. He must post $10,000 before he can be released from custody. If he fails to post the $10,000, he will remain in jail until his case is decided.

Analyzing the Defense

December 14, 2022

Mother Faces Charges of Cyberbullying Teens and Daughter

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

In a bad mood? Want to turn it around with a little cyberbullying? Think again. A Michigan woman is facing charges related to cyberbullying teenage students, including her own daughter, according to authorities. The woman is facing five counts, including, most importantly, stalking a minor.

The woman’s own daughter and her boyfriend reported getting harassing messages to authorities which spurred forth the investigation, which lasted a year. Ultimately, the culprit turned out to be the girl’s own mother.

The mother used VPNs and other methods to hide her identity. At one point, she attempted to obscure her IP address in a manner that would lay the blame on classmates of her daughter. The woman was also working as a basketball coach at the time. Law enforcement says that the VPN exposed the defendant’s IP address for a fraction of a second before connecting. Indeed, you must connect your VPN prior to going onto the internet. If you do it after connecting, you will expose your actual IP while the VPN is unconnected or if it goes out. VPNs are not foolproof. A network interruption could expose your IP. Alternatively, not all VPNs are created equally. In this case, the woman’s IP was exposed.

December 9, 2022

Benefits Coordinator at CTA Accused of Looting Pensions Using Dead Pensioners

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

A benefits specialist for the CTA is facing federal fraud and embezzlement charges related to the withdrawal of $350,000 worth of pension benefits related to deceased employees. She has since been charged with five counts of wire fraud. Each count carries a maximum sentence of 20 years in federal prison, but usually, the sentence is tied to the amount of money stolen and not the number of times the fraud was committed.

According to the prosecution, the defendant made requests to disburse death benefits and pension benefits to purported beneficiaries of CTA pension plans. The funds, however, were later diverted into bank accounts controlled by the defendant. The money was then used for personal expenditures.

Authorities say that the defendant made 43 death benefit or pension refund requests totaling an estimated $350,000. The defendant worked as a bus driver and later as a retirement plan specialist.