Articles Tagged with white collar crimes

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2204277278_cbf43f4146_b-300x200Federal agents are accusing Illinois state representative, Luis Arroyo, of paying a $2,500/month in kickbacks to a state senator for his vote to support legislation involving video gambling sweepstakes that would benefit one of his lobbying clients. I know what you are thinking: That is illegal? Does that not happen every day in politics? Is that not how American politics works?

Yes and no. Suffice it to say, there is a correct way of going about it, but directly paying bribes to state senators is not it. 

Senator Not Named in Complaint

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rawpixel-1055781-unsplash-1-300x201While charges of fraud are not exactly rare when it comes to political candidates, Chicago Alderman Proco “Joe” Moreno stands accused of filing a false police report to defraud his insurance company. This is generally not the kind of fraud charges that politicians face. Nonetheless, it is still illegal.

Authorities have charged Moreno with fraud and obstruction of justice after reporting his Audi A6 stolen. After Moreno had reported the car stolen, his girlfriend, Liliya Hrabar was pulled over by police while driving it. Hrabar herself was charged with criminal trespass. During the interrogation, Hrabar produced text messages indicating that Moreno had willingly lent her the car one day prior to filing the police report. The charges against Hrabar were subsequently dropped and Moreno was charged with filing a false police report, obstruction of justice, disorderly conduct, and insurance fraud.

According to police, Moreno attempted to file a $30,000 claim with his insurance company to replace the car. The police contacted the insurance company and found that he had given differing accounts of the theft. After Hrabar was caught, Moreno claimed that he had loaned the vehicle to her but could not get it back. Moreno then claimed that because she was a single mom, he just wanted to help her out and that the road to Hell is often paved with good intentions. For that reason, he reported it stolen.

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michael-d-beckwith-579345-unsplash-copy-300x253In another case of a high-profile defendant being able to buy his way out of felony charges, Aaron Schock has been offered a plea in which the prosecution will drop all the corruption charges against him if he pays the IRS tens of thousands of dollars and repays his campaign committees. Schock came under fire when he spent what seemed like exorbitant amounts of money redecorating his office in the style of Downton Abbey—a show he must really, really like. He was indicted on two dozen counts of fraud and falsification of election commission filings. He faced up to 20 years in prison.

The plea, which was offered by federal prosecutors, allows them to drop the charges against Schock if he repays the IRS within six months, but also allows them to pursue charges if he does not repay the $68,000 that he owes. Schock failed to report earnings on his income taxes and hence became the target of the IRS. Schock was accused of selling world series and super bowl tickets for $42,000 in profit and misreporting mileage that was a part of his campaigning.

Shots Fired

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DSC04156-BThe state and definition of counterfeiting laws will tell you a lot about the community in which they are designed and implemented. Illinois is no exception. The state has a set of complex and situational rules relating to counterfeiting and forgery; a true Pandora’s Box for a diligent attorney. For the most part, the law seems to target those who create forged money, but there are many other forms of falsification that are captured by the legislation. A person is guilty of a crime in Illinois when he or she creates or uses written documents that have been falsified or altered in significant ways. In this case the constituent ingredients of the crime can encompass both the making of forged/altered documents as well as possessing them with the intention of using them for illegal purposes.

A Counterfeiting Law for the New Age

As criminals in this area have become more sophisticated in their modus operandi, the law has been forced to play catch-up. For example it recognized the use of false documents for defrauding in which possession is disputed as well as the effects of subtle alteration using digital means (720 Ill. Comp. Stat. § 5/17-3). The classic case is that of a forged check that is successfully cashed by a third party because the signature on it appears to be authentic to the recipient bank regardless of whether or not the account holder actually gave permission for that cheque to be paid. The elderly and those with disabilities are particularly vulnerable to this type of fraud. As the case made it through the courts, it became a gradually-established norm that the instrument used to defraud must be credible to an ordinary reasonable person. Hence where the forgery is almost comical in its design and presentation, the user may be able to escape a criminal charge.

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Embezzlement is a so-called “white collar crime” in Illinois, meaning it is the type of crime normally committed in a professional environment or workplace. Embezzlement is a type of theft that occurs when somebody who was entrusted to manage or monitor the property or money of another person steals all or part of what they were entrusted with for personal gain.

This is different from theft because in an embezzlement situation the defendant had legal access to the money or property that they are accused of stealing.

When is Embezzlement Usually Charged?

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