Chicago Criminal Lawyer Blog

December 2, 2022

Feds Ask for Five Years in Straw Purchase Case of Gun Used to Murder Cop

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

Federal prosecutors are asking the court to impose a five-year sentence on the straw purchaser who purchased the weapon that killed Chicago police officer Ella French. The defendant has already pleaded guilty to a federal weapons charge for unlawfully purchasing the weapon and then distributing it to an unauthorized buyer.

The recommended sentence for unlawfully purchasing a weapon is two years. However, federal prosecutors noted that the weapon was used to kill a peace officer. The stakes of the case, therefore, fall well outside the standard set of facts typical of a straw buyer prosecution. In other words, the conduct is worse than you would see in a standard straw purchaser case. The government, therefore, wants the court to impose a longer sentence than the two-year recommended sentence. The defendant could be sentenced up to the statutory maximum for the crime.

Straw Purchasing Crimes

November 30, 2022

Chicago Man Charged With Attacking Cops in January 6th Riot

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

A Chicago man is facing criminal charges for his role in the January 6th protest-turned-riot on Capitol Hill. He is facing federal charges, including assaulting a federal law enforcement officer, destruction of government property, and civil disorder.

Thus far, over 950 have faced charges related to January 6th. Arrestees hail from all 50 states. This individual earned the online handle “RailMixer” after he used a broken piece of metal railing to ram the doors of the Capitol.

The defendant can be seen on video swinging a metal railing or bicycle rack to bring down the doors of the Capitol. He is also seen swinging his arms at police officers. The man won some acclaim from the internet for his conduct that day, and his image was circulated along with the tag “railmixer.” Eventually, these images made their way to the FBI website, where they were requesting information on the January 6th rioters. The FBI began interviewing associates of the eventual defendant, and through an attorney, the defendant reached out to the FBI.

November 25, 2022

Chicago Man Sentenced for Revenge Porn

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

The Nonconsensual Pornography Act is a D.C. statute drafted in 2014 to address the problem of revenge porn. Recently, a 25-year-old Chicago man was charged under the statute after he posted several images of women without their consent. Several states have moved to criminalize revenge porn. Now, the 25-year-old Chicago man will spend the next five years in prison for unlawfully distributing sexual images of women without their consent. He was further accused of stalking witnesses who were to provide testimony against him.

He pleaded guilty to two counts of unlawful publication, two counts of stalking, and a felony count of making threats against a witness.

Does Illinois Have a Revenge Porn Law?

November 23, 2022

Defendant Goes to Prison for Stalking R. Kelly Victim

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

A defendant has been sentenced to 20 months in federal prison after his role in stalking and harassing an R. Kelly victim and her mother. The man described himself as a manager and advisor for the beleaguered pop star and threatened the mother and her daughter after they filed a civil lawsuit against Kelly. The harassment appeared to be a means of keeping the victim silent on the matter and preventing the lawsuit from moving forward.

According to investigators, the defendant threatened to publicly release sexual photographs of the victim if she did not withdraw her lawsuit. The defendant allegedly sent the photos to the victim’s lawyer and the victim herself, stating that he “would seek criminal charges.” It is unclear what criminal charges he would seek or what criminal charges were available for him. He is now convicted of stalking.

The defendant is also accused of setting up a Facebook page called “Surviving Lies,” a play on the documentary “Surviving R. Kelly,” which was broadcast by Netflix and discussed the lives of the survivors. During a podcast interview, the defendant displayed sexually explicit images of the victim on screen.

November 18, 2022

Violent Crime Reductions by Decade

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

Since the late 80s, the United States has shown significant reductions in violent crimes and murders. The numbers continued to decline even as the U.S. population gained 100 million new members.

In 1960, the violent crime rate was about 160 incidents per 100,0000 people. By the end of the ‘60s, the number would more than double to 328 incidents per 100,0000 people. By the end of the ‘80s, there were almost 700 incidents per 100,000 people. The number peaked in 1991 when the U.S. reported over 750 violent crimes per 100,000 people.

But after 1991, the number started going down. In 1992, it decreased by only one percentage point, but by the end of the decade, the number had dropped to 523 violent crimes per 100,000 people. By 2009, we were below 500, at 431. In 2014, we hit a 40-year low at 372 violent crimes per 100,000 people. In 2019, we were at 379.

November 16, 2022

Pretrial Fairness Act

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

It is no secret that criminal justice reform feels like a slap in the face to police officers. It stands to reason, then, that some police departments would refuse to implement provisions passed in 2021.

In 2021, Illinois passed the Pretrial Fairness Act, which extended privileges to those awaiting trial and under electronic monitoring. Among other things, it allowed individuals to leave their houses for essential business. During certain periods of certain days, they were allowed to leave the house to run errands.

However, Cook County has been denying essential days to those who also work. The measure was implemented unilaterally by the Cook County sheriff, and many believe that it is a violation of the law, if not the letter of the law, then at least the spirit of the law. But perhaps that is the point.

November 11, 2022

Man Receives Eight Years for Embezzlement From Employer

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

A man has been sentenced to 90 months in federal prison after eight years as a fugitive in Utah. The man was charged in connection with the theft of over $2.2 million from his employer when he worked as a bookkeeper. The defendant was responsible for paying invoices to vendors, but fabricated duplicate invoices for work already paid and diverted the money into his own account. In 2012, he was caught and charged with wire fraud, money laundering, and tax evasion, but he fled the police while on house arrest. He was caught eight years later and will now serve eight years in federal prison.

The Crime of Embezzlement

What is embezzlement specifically? Well, you can steal money from anyone, but when you embezzle, you steal from someone with whom you have a duty of service, it is considered embezzlement. Companies and governments can be the victim of embezzlement. Employees and actors who operate on behalf of governments can be the perpetrators of embezzlement. Nonetheless, there is no “crime of embezzlement” under federal law. Instead, you have wire fraud.

November 9, 2022

Charges Dismissed Against Smoke Shop Owner; Shop Closes

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

A Jefferson Park Smoke Shop owner and operator has defeated charges that he unlawfully sold drugs to undercover officers. The owner was facing four counts, two felonies, and two misdemeanors. The man was accused of selling marijuana from his smoke shop but confessed only to smoking marijuana.

Separately, building inspectors shut down the building that the owner was operating out of. As of right now, the smoke shop is shut down and will not be reopening. The landlord claims that he tossed the tenant due to his legal troubles. The tenant claims that building inspectors shut down the building due to rotten columns. As it stands, the tenant is correct. The building was cited for rotting or broken columns, a lack of smoke or carbon monoxide detectors, and improperly stored flammable materials. All of that would be on the landlord and not the tenant.

Suspect Victim of Hate Crime

November 4, 2022

Woman Held After Stabbing Boyfriend Over Microwave Dispute

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

A Chicago woman is being charged with murder after stabbing her boyfriend to death. According to police, the incident was related to a dispute over who could use the microwave first. The woman was eight months pregnant at the time of the stabbing, and she and her boyfriend were living together, according to police.

According to the press release, a dispute broke out over who was going to reheat their leftovers first, which turned into a shoving match. The boyfriend went to lie down in his room, but the girlfriend continued to argue. Eventually, she approached his bedroom with a knife. An uncle attempted to prevent her from getting closer, but she reached around him and stabbed the boyfriend in the thigh. He died after bleeding out from his femoral artery. She then dropped the knife and fled the scene, according to reports.

The woman is facing one charge of first-degree murder and is being held without bond. As of the stabbing, police were called to five reports of domestic violence, with the defendant listed as the aggressor. All of these incidents occurred over a four-month period between June and September. In one incident that occurred in late August, the defendant was listed as the aggressor in an incident that left her boyfriend with a stab wound to the neck. The boyfriend refused to press charges over the incident.

November 2, 2022

Justice Department Announces Charges Against Catalytic Converter Ring

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

The Justice Department announced charges against 21 individuals involved in an organized theft of catalytic converters. From 2018 to 2020, catalytic converter thefts skyrocketed by nearly 700%. Catalytic converters are now big money due in large part to the precious metals used in the manufacture of devices. They are designed to convert harmful gas emissions created by your vehicle into non-harmful gas emissions that reduce smog and protect the environment. Without a catalytic converter, your car will not run properly, either. As the value of these precious metals has increased over the past few years (think inflation), catalytic converters are becoming a prime target for thieves.

As of right now, some states have moved to place catalytic converters on a list of restricted items that require ownership documentation and provenance to exchange. Others have yet to pass legislation addressing the thefts of catalytic converters, but as the situation worsens, chances are likely that more states will join in to include catalytic converters on lists of restricted items.

The 21 individuals charged in the ring lived in nine separate states. 32 search warrants were executed, and millions in assets were seized as a part of the investigation.