Criminal defense

October 1, 2021

Former NBA Players Accused of Defrauding NBA Health Care Program

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

Melvin Ely and Will Bynum, both of whom are former NBA players from the Chicago area, are facing fraud charges related to a scheme involving the NBA players’ health care program. The pair will face charges in a federal Manhattan court where the indictment was unsealed.

The indictment names 19 defendants, 18 of whom are former NBA players. The former players are accused of defrauding the Health and Welfare program of nearly $4 million. The fraud was masterminded by former New Jersey Nets star Terrence Williams. Williams was paid kickbacks of about $250,000 to actuate the fraud, while players stole a reported $2.5 in personal proceeds.

While the story by now has made it to major airwaves, details of the prosecution are as of yet unknown. The defendants are facing charges of aggravated identity theft, health care fraud, and wire fraud.

September 29, 2021

Chicago Prosecutors Begin Rejecting Mutual Combat Charges

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

Chicago prosecutors have apparently changed policy and are now no longer prosecuting cases in which one individual is killed by another in a mutual combat situation. This not only applies to fistfights, apparently, but also gunfights. Now, the mayor has weighed in and is accusing the State Attorney’s office of potentially causing Chicago to become the wild west. However, it is unclear that any of the state’s attempts to maintain control of the city have resulted in anything else but failure.

The latest incident comes after one man was killed in an exchange of bullets that was related to gang violence. Prosecutors dismissed charges against all of the individuals involved in the shooting citing “mutual combat” as the reason for dismissing the charges.

Could Murder Start Looking More Like Battery?

September 17, 2021

Police and Prosecutors Square Off Over Shooting Suspect

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

Prosecutors have dropped felony charges against a suspect who was implicated in the shooting death of a 7-year-old girl and an injury to her 6-year-old sister. Prosecutors refused to pursue felony charges against one of the suspects citing the lack of evidence and the failure of one witness to cooperate. The witness is believed to be a relative of the girls and was in a dispute with one of the suspects. Without this witness’s testimony, the murder trial against at least one suspect will not move forward. Prosecutors also cited a lack of a confession or video evidence as a reason to drop the felony charges.

The outraged police officers threatened to ignore the prosecutors and try the case themselves. But the prosecutor said they would dismiss the case if the police took that route. To avoid a public battle between police and prosecutors, police backed down from their threats. The suspect is now being held on a minor parole violation. However, the felony charges against him related to the shooting are gone.

The State Attorney’s Office issued a statement that said that prosecutors and police are now in accord with the handling of the case. Prosecutors reiterated that there was simply not enough evidence to bring the case to trial. The Chicago Police Department did not issue a comment when asked.

September 9, 2021

Boyfriend Named “Person of Interest” After Woman Turns Up Missing

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

The family of a missing woman is becoming increasingly more desperate as attempts to find her come up empty. The woman was on a cross-country excursion with her boyfriend at the time of her disappearance. Police have named the boyfriend a person of interest after failing to cooperate with the investigation. However, not answering the police’s questions is not an indication of wrongdoing.

Nonetheless, when police ask a close association of a missing person questions concerning their disappearance, their tendency is to assume that anyone who is impeding the investigation is responsible for the crime. However, police also tend to assume that boyfriends or husbands are responsible for the deaths of girlfriends and wives in a large cross-section of these sorts of cases. Hence, a boyfriend may be hesitant about providing information to officers who are prone to accuse him of the crime.

What happened?

September 7, 2021

Chicago Settles Wrongful Conviction Cases for $20M a Piece

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

Several former defendants who were convicted on charges related to a single officer are now plaintiffs in lawsuits against the city claiming that they were framed. If you think it is hard to prove a defendant did something wrong, then you should consider how difficult it is to prove that a police officer framed a defendant. In this case, four men settled lawsuits for sums between $17 million and $21 million against the City of Chicago for false convictions, cooked evidence, and losing years of their lives to false accusations of a single police officer.

There are still eleven lawsuits pending against the same officer, all of which name the city and not the officer. Ultimately, the City of Chicago and its taxpayers will be responsible for making the victims whole. With 11 pending cases, all settling for $20 million or more apiece, the City of Chicago is looking at a $300 million budget shortfall all related to the activities of one police officer.

Hundreds of “confessions” tossed

September 3, 2021

Chicago Police Accused of Sexually Assaulting Teen While on Duty

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

The third Chicago police officer accused of excessive force over the past week has now been charged with a crime related to his conduct against a teenager. Authorities are accusing the officer of intentionally using his flashlight in an inappropriate manner and jamming it between the teen’s buttocks while he was making an arrest.

The officer, who is a lieutenant on the force, has been charged with aggravated battery and official misconduct, both of which are felonies. According to investigators, the teen was handcuffed at the time that he was sexually assaulted. After the incident, the officer told him, “That’s what you get for carjacking.”

The entire incident was caught on a bodycam. The teenager was fully clothed at the time of the incident, but it has raised enough red flags that the lieutenant has surrendered his badge and will now have to defend himself in criminal court. Unfortunately, there is no possible reason that you can give that would make it okay to sexually assault a teenager.

September 1, 2021

Investigation to Determine Whether Joliet Police Have “Pattern of Unlawful Policing”

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

Last year, the attorney general of the Joliet Police Department launched an investigation to determine whether or not there was an ongoing pattern of abuses within the department. The investigation is set to determine whether or not there has been a pattern of unconstitutional policing in Joliet.

The investigation came after a man died while in police custody. Video footage, which surfaced five months after the initial incident, shows police attempting to communicate with a handcuffed suspect. At one point, they can be seen pinching his nose and striking him while his hands were cuffed behind his back. The suspect appears unresponsive. He died at the hospital later that evening. The official cause of death was ruled a fentanyl overdose.

The investigation is civil in nature, not criminal. It could result in the reorganization of the department. None of the officers connected to the death were criminally charged. The investigation is focused on systemic problems and not individuals, according to the attorney general. The investigation was part of a joint effort by the city council and the mayor to open up an investigation into the department.

August 26, 2021

Cops Will Not be Charged After Accidental Shooting of Teen

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

A Des Plaines police officer who accidentally shot a teenager while pursuing a bank robber will not face charges for the incident, State’s Attorney Kim Foxx recently announced. The investigation led to the conclusion that the officer was justified in using deadly force against the bank robber. Unfortunately, it was not the bank robber he shot. The investigation concluded that the officer acted reasonably.

The Decision

The decision not to pursue charges against the officer was based on a legal concept known as mens rea or “guilty mind.” Figuratively, it refers to evil intent and is a requirement for many types of crimes. Two crimes that certainly require mens rea to be established for a conviction are first- and second-degree murder. The decision not to charge the officer boiled down to whether or not the decision to fire the weapon at the bank robber was justified. The investigation concluded that it was reasonable to discharge the weapon in that situation.

August 24, 2021

Chicago Physicians Facing Narcotics Charges

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

Two Chicago physicians are charged with prescribing opioids to patients who had no legitimate need of them, according to a federal indictment announced on the Department of Justice’s website. According to the charges, the two prescribed high-dose narcotics such as fentanyl and oxycodone to patients without conducting a meaningful examination or medical tests. The doctors are accused of knowingly dispensing the drugs to patients whom they knew for a fact had no legitimate medical need for high-powered opioids.

Further, the two physicians are accused of colluding after one of the two named in the indictment lost his license to prescribe medicine. That physician used another physician to fill prescriptions, and now they are both going to be charged with fraud, trafficking controlled substances, and more. Another element of the crime is the fact that the physicians sought Medicaid and Medicare reimbursement for the improper prescriptions.

The Opioid Crisis

August 11, 2021

Teen Found Dead After Sexual Assault

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

Two people are facing charges related to sexual assault and the concealment of a dead body. Police have charged a 40-year-old man and an 18-year-old girl with aggravated criminal sexual abuse, and manufacturing of child pornography, among other related charges. The 40-year-old man assaulted the teen girl while the 18-year-old videotaped the incident.

Police were called to the scene after an area person called in a body. The girl was pronounced dead at the scene. She was later identified as a girl who had been reported missing.

What Happened?