Articles Posted in Criminal defense

Chicago_Stock_Exchange_7405590890-300x193The complexity of the securities and commodities fraud case list means that the legislation must be written in such a way as to encapsulate all the various forms of criminality that are involved. Typically, this means that there are many agencies that support the work of the prosecutor even if they are not directly involved in handling the criminal case (see the Lindstrom case). For example; there is almost always a civil aspect of the case management that focuses on recovering some of the lost funds in order to compensate the victims. For purposes of clarity and consistency, the courts have tended to separate the criminal from the civil aspects of the prosecution.

The other important consideration is the systemic malaise that is associated with securities and commodities fraud. These are some of the most important platforms for handling large scale trade. That means that vast sums of money are exchanged, sometimes relying on individual investors who sink in their life savings. It is therefore abhorrent to the courts that public confidence would be undermined by fraudsters who use the product in order to access their victims. That is why in some cases the punishments for this type of crime have appeared to be harsh. The courts are particularly concerned to ensure that the perpetrators do not get away with large stacks of cash when the victims are left to rely on the small comfort of a successful criminal prosecution.

Investor Agents with No Qualifications and Bad Intentions

mingyue-sun-153025-300x169The harrowing circumstances that typically surround a human trafficking case in Chicago means challenging work for a defense attorney. The crime tends to intersect with other serious crimes such as rape and sexual assault. That is why organizations like the Alliance Against Sexual Exploitation were formed in order to ensure that the victims get full justice. Chicago has adopted a two-pronged approach that complements local legislative arrangements with the provisions of the relevant federal law. At the same time the law enforcement agencies are paying a lot of attention to how the sex industry is directly and indirectly at the heart of these types of crimes.

Establishing the Factual Basis for the Prosecution and Defense

The process of gathering evidence is quite complex in these cases, which is why it is advisable to first consult with the best attorneys before presenting any defense. The fact that there is an aspect of conspiracy significantly increases the range of punishments that are available to the courts. The Illinois legislature has been coming up with new bills and amendments that are designed to cover the loopholes that were left behind by the federal law. Of particular interest is the use of the affirmative defense, one which is applicable in 28 other states. The law is contained within the provisions of SB 1588.

les-anderson-207333-300x196The pyramid scheme has become one of the favorite conduits for confidence fraudsters to make illicit money on a grand scale. That is why organizations like the Federal Trade Commission were set up to fight this type of crime. Chicago, like many parts of the USA, is not immune to this scourge. For the defense attorney, pyramid scheme cases in Chicago present unique challenges which, although difficult, are not insurmountable. The fraudsters are always coming up with new ways to mask their true intentions and hoodwink an unsuspecting public. A case in point are the chain letters that ask for group contributions. There will be some people at the top who have the highest culpability as the masterminds of a criminal enterprise. The middlemen and middle women will have a range of roles that may determine their level of culpability once before the court.

The Criminality of Recruiting Unsuspecting Victims

The pyramid scheme may be deemed a form of confidence fraud because it promises that which is impossible to deliver. Like the Ponzi scheme, it is marketed on the basis of profit levels that are just not sustainable. The crime therefore reduces public confidence not only in the judicial system but also in the other structures that are designed for societal functionality, like the economic system. The requirement may not necessarily be monetary. Sometimes it is a call for your time or expertise in a particular field. Therefore, the crime focuses on the implicit deceit rather than merely restricting the jurisdiction to money alone.

https://www.chicagocriminallawyerblog.com/files/2017/02/Chicago_Stock_Exchange_Building.tif_-214x300.jpgThe 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.

tim-evans-88330-300x200The 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

800px-Compact_bolt_cutters_215mm-300x134Crimes 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

dsehnmrevfa-jeremy-paige-300x200The 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

800px-Andaman_Celluler_Jail_Cell_Door_4150238-300x225There 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.

Gallaecia_petrea_02-57c-200x300The 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.

sve4luszh70-ant-rozetsky-300x200Just 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