Chicago Criminal Lawyer Blog

January 22, 2020

The Chicago Madam on Trial for Prostitution

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

A self-proclaimed madam is on trial for prostitution charges and may be in more trouble still after posting an ad online at sexyjobs.com. The ad promised an extraordinary opportunity to work at a Chicago-based “members only” club. In the ad, she describes the “Premier Playhouse” as a kink-friendly place that has been providing “legal fun” for “over ten years.” Now, federal prosecutors want her jailed while she is awaiting trial on charges that she set up a bawdy house right here in Chicago.

No-fun prosecutors allege that 31-year-old Jessica Nesbitt (aka: Madame Priscilla Belle) set up a house of prostitution, conspired to commit prostitution, and illegally structured bank withdrawals to evade reporting requirements.

Madame Priscilla has pleaded not guilty to all charges and has since been released on a $250,000 bond. As part of the bond release, she was restricted from doing any business through her company, Kink Extraordinaire. Nor is she allowed to have any contact with her former employees. Prosecutors have asked the federal judge to revoke Madame Priscilla’s bond.

January 17, 2020

Chicago Pastor Charged With Fraud

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

A Chicago pastor has been charged with fraud after bilking funds earmarked for needy children to purchase a Bentley. Federal authorities allege that Rev. Clarence Smith Jr. stole thousands of dollars from a federal program that helped feed children whose parents could not afford to feed them. Authorities say that Smith used the money to buy a $142,000 Bentley and for other expenses that had nothing to do with starving children.

Smith’s ministry is geared toward those who had a history of criminal activity. The motto outside of his church reads: “Ministry meaningful to the imperfect man.” Smith was convicted a decade ago of using forged signatures to rob the estate of a dead man of over $100,000.

Since his release from prison, Smith has had some financial struggles. In 2012, he filed for bankruptcy, claiming that he only had $20 to his name. He was still paying restitution for the theft for which he went to prison. Court records show that he owed the man’s estate an estimated $80,000. He also owed $8,000 in overdue property taxes for his church.

January 15, 2020

Middle School Teacher Hit With Child Pornography Charges

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

A Wheeling School District middle school teacher is facing charges of possession of child pornography, dissemination of child pornography, and unlawful video recording. Each of these is a felony. The Illinois State Attorney General’s office released a statement concerning Scott Pollack (45) of Lake in the Hills. Pollack’s residence was searched and the search uncovered evidence of alleged child pornography.

If convicted, Pollack would face a mandatory minimum sentence of 54 years behind bars. Below, we will take a look at each of the charges.

Possession of Child Pornography

January 10, 2020

Harvey Weinstein Trial Set to Begin

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

The man whose conduct lit the fire that set off the #MeToo movement will stand trial in Manhattan facing five charges relating to sex crimes. Harvey Weinstein has been accused by over 80 women of sexual misconduct and the trial promises to be a historic indictment of Hollywood culture and even American culture.

Weinstein will face a litany of witnesses who will testify before the court and recount sexual misconduct before a jury. Some of these women will be recounting experiences from uncharged sex crimes while others will act as witnesses for crimes that have been charged. In this respect, it is similar to the strategy used by prosecutors to convict Bill Cosby of multiple counts of rape and sexual assault.

Weinstein has maintained his innocence.

January 8, 2020

Uber Driver Gets Five Years for Sexually Assaulting Passenger

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

Uber driver, Ahmed Tawfeeq, was recently sentenced to five years for sexually assaulting one of his passengers. Now, he will face additional charges alleging that he attempted to hire someone to hurt, silence, or threaten her.

The charges against Tawfeeq included criminal sexual abuse, promoting prostitution, attempted sexual assault, aggravated battery, and unlawful restraint.

Now, Tawfeeq will appear as a defendant in a second trial alleging that he posted bond for a fellow inmate and offered him another $6,000 to “kidnap” the complainant in an apparent attempt to silence or intimidate her.

January 3, 2020

Optometrist Accused of Murdering His Girlfriend

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

Cook County optometrist, 55-year-old Anthony Prate, has been given a $3 million bond by judge Goebel. The decision to place a $3M bond on Prate comes after the implementation of Rule 26, which is designed to release more low-risk suspects who have been accused of crimes and decrease the jail population. However, since Prate has been accused of murder, the judge has a right to either set bond or deny a release entirely. In this case, the judge has decided to set bond at a very large number.

Prate has been charged with stabbing his girlfriend to death. The judge required Prate to pay 10% or $300,000 of the bond amount. He will wear an ankle monitor while he is released and live with his mother during the duration of his release. Prate was also ordered to surrender his passport and any firearms he owns.

The defense argued that Prate is not a flight risk, has no prior criminal record, and posed no threat to the general public including any witnesses who may testify at his trial. The judge agreed that there was no legal way that he could deny bail in this case. Prosecutors, of course, took umbrage with the idea that Prate was not a risk, calling him “extremely dangerous.”

January 1, 2020

What is Rule 26 and How Could it Affect You?

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

Rule 26 went into effect on January 1st, but some counties are implementing a 30-day “trial period” to comply with the state’s new rule. Other counties have already implemented the new rule, and have seen benefits. The rule, which passed in the last legislative session, will impact how bail and pretrial release works in the State of Illinois. It is the result of two separate initiatives on the best practices for criminal justice.

The pilot program began as early as 2016 with 11 counties volunteering to adopt the measures. The initiative, which had its fair share of detractors, changes the way the bail system works and does away with money bail. Instead, the judge conducts a pretrial risk assessment when deciding if or when a suspect will be released and what kind of supervision they require. The ultimate goal of Rule 26 is to decrease jail populations.

In other words, instead of paying your way out of a jail cell, judges, in concert with other law enforcement officials, will be able to conduct risk assessments on suspects to determine whether or not they should be released on their own recognizance. However, ultimately, it is the judge’s decision alone that will impact if a suspect is released and the conditions of that release.

December 27, 2019

Illinois AG Orders Release of Body Cam Footage After In-Custody Death

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

The City of Waukegan is fighting an order handed down by the Attorney General to release body cam footage after a 31-year-old man died in police custody. The request was made by a private citizen under the Freedom of Information Act. The Attorney General issued a statement saying that the city’s refusal to disclose the footage violated the requirements of the FOIA. The city is arguing that it does not have to release the video because the investigation is ongoing. In other words, they are saying that since the mysterious death is still under investigation, they should be absolved from having to release potentially damning footage related to the incident. The death occurred in the summer of 2018.

The body cam footage was taken in June of 2018 after 31-year-old Avion Cotton was taken into custody after he fled on foot in an apparent attempt to escape police. Waukegan police said in a statement that Cotton had eaten an unknown white substance during the chase and became physically distressed while in custody.

The Background

December 25, 2019

Chicago Police Officer Found Guilty of Second-Degree Murder

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

Cook County judge, William Gamboney, found former Chicago police officer, Lowell Houser guilty of second-degree murder recently. Houser requested a bench trial as some police officers are wont to do when facing serious charges.

The trial stemmed from a 2017 off-duty shooting of Jose Nieves. Houser has been under house arrest since being charged with first-degree murder.

The judge ruled that Nieves may have been aggressive toward Houser, but the man was unarmed at the time of the shooting. He therefore decided that Houser’s actions were unreasonable and that the shooting was unjustified.

December 20, 2019

Reputed Mobster Indicted on Social Security Fraud

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

A Chicago mobster convicted a decade ago in an operation known as “Family Secrets” is now in front of a judge again having been charged with stealing more than $40,000 over the course of two years from social security.

Mickey Marcello is the half-brother of boss James Marcello who ran the Melrose Park Crew. Marcello has pleaded not guilty to one count of theft. He has been charged with one other man, Walter Paredes, in a separate indictment. Paredes is accused of stealing over $160,000 from social security over the course of four years.

Who is Mickey Marcello?