Criminal Defense Attorney in U.S. Federal & Illinois Courts

“Snitches Are a Dying Breed” And Other Aspects of “Outlaw” Criminal Forfeiture

US v. Joshua N. Bowser.  Appeal of:  Bradley W. Carlson.  No. 15-2258.       This appeal involves the government’s efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the “Outlaws”), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal cases brought against […]

Grand Jury Subpoena to Client’s Accountant: Attorney-Client Privilege May Block Production

In the Matter of GRAND JURY PROCEEDINGS, Involving William Thullen and Kenneth Dvorak, Witnesses Before the Special January, 1999-2 Grand Jury  Nos. 99-3131, 99-3317.  A grand jury investigating alleged tax fraud by Dr. Basaam Osman subpoenaed numerous documents from two accounting firms hired by his attorneys.  Dr. Osman sought to block production of the documents. He […]

Writ of Coram Nobis – Boilerplate Rules You Need to Know

US v. Brian Wilkozek, No. 15-1537.    In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose and sell the properties. They suffered losses of more than $700,000.     After Wilkozek was caught and […]

DEA’s Use of “Stingray” Device Without a Warrant is Illegal

US v. Raymond Lambis, 15cr734 (SDNY, Judge Pauley, July 12, 2016). In 2015, the Drug Enforcement Administration (the “DEA”) conducted an investigation into an international drug-trafficking organization. As a part of that investigation, the DEA sought a warrant for pen register information and cell site location information (“CSLI”) for a target cell phone. CSLI allows […]

28 U.S.C. § 455 – Judge’s Failure to Recuse Himself Leads to REVERSAL

US v. Jose Herrera-Valdez, No. 14-3534 Jose Gustavo Herrera-Valdez was prosecuted for illegal reentry after being deported. Before trial, he filed a motion to disqualify the District Court Judge from presiding over his prosecution because the judge served as the District Counsel for the Immigration and Naturalization Service (INS) at the time Herrera-Valdez was deported.  Because we […]

U.S.S.G. § 2B1.1 Loss Amount: Money Paid Back to Victim Before Fraud Detected NOT Counted

US v. Christian Peterson.  No. 14-3716. Before running into legal trouble, Christian Peterson, an entrepreneur doing business in Madison, Wisconsin, owned several manufacturing and realestate development firms. He misused corporate finances, frequently making unauthorized intercompany loans and occasionally using corporate funds to pay off his personal gambling debts. Eventually all of his business ventures failed, […]

Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed

Sila Luis v. US,  No. 14-419.  (United States Supreme Court March 30, 2016) A federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking laws. See 18 U. S. C. §1345. Those assets include: (1) property “obtained as a result […]

Polling Jury After Verdict: Dissenting Juror Impermissibly Coerced Leads to Reversal.

  USA v. LEMUREL E. WILLIAMS, No. 15-1194 Lemurel Williams was convicted of being a felon in possession of a gun.  We agree with Williams’s that a new trial is needed because the totality of the circumstances regarding the jury’s verdict was impermissibly coercive. After three hours of deliberating, the jury returned a guilty verdict, […]

Residential Drug Abuse Program – BOP Changes Make Allow Greater Inmate Participation

SUMMARY: The Bureau of Prisons (Bureau) revised the Residential Drug Abuse Treatment Program (RDAP) regulations to allow greater inmate participation in the program and positively impact recidivism rates. DATES: This rule is effective on May 26, 2016. 550.55(b) Inmates not Eligible for Early Release. As an exercise of the Director’s discretion, the following categories of […]

Expunging Your Federal Conviction – Rules You Need to Know

U.S. v PFEIFFER, Case No. 04 CR 793, U.S. District Court, N.D. Illinois, Eastern Division. (Editor’s note:  This is a District Court decision NOT 7th Circuit Court of Appeals.) April 7, 2016 In 2007, Brian Pfeiffer pled guilty to possession with intent to distribute a controlled substance, Ecstasy. Pfeiffer now moves to expunge the records […]