Chicago Gun Crimes in 2016

Chicago Criminal Defense Attorney Michael J. Petro provides a useful map for analyzing gun crimes in Chicago neighborhoods from 2012 to 2016. Chicago’s Lake Shore Drive, Magnificent Mile, and the rivalry between the Cubs and the White Sox have made the city not only one of the most lively places to reside, but also a tourist attraction. While the city’s deep dish pizza deserves bragging rights and praise, there are other aspects of this city that are not too pleasing. …
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Posted in Press Releases

Eyewitness Identification Expert Testimony at Trial Leads to Not Guilty

Eyewitness Identification Expert Dr. Geoffrey R. Loftus is a Professor at the University of Washington in  Seattle.  For 50 years, Dr. Loftus has been studying human perception and memory.  On January 24, 2017, Dr. Loftus flew to Chicago to testify as an eyewitness identification expert in a trial at the 26th Street court house in Chicago.  Chicago criminal lawyer Michael J. Petro hired Dr. Loftus to testify on behalf of his client Victor. Victor was charged with being an armed habitual criminal.  If convicted, Victor faced …
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Posted in Expert testimony, Eyewitness identification, Press Releases

Health Care Workers Barred By Felony Convictions Can Now File For License With IDFPR

A new Illinois Department of Financial and Professional Regulation (“IDFPR”) state law taking effect in January will make it easier for previously barred health care workers and first-time applicants with felony convictions to once again become eligible for an Illinois license. Effective January 2017, previously barred health care workers and applicants with criminal convictions may once again become eligible for licensure in Illinois. Under a new law, the Illinois Department of Financial and Professional Regulation will implement a review process for impacted …
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Posted in Press Releases

“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 a number of Outlaws members, including all members of the Indianapolis chapter of the Outlaws. The indictment included a notice of the government’s intent to …
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Posted in 7th Circuit Criminal Law Alert, Asset Forfeiture, Federal Criminal Procedure, Press Releases, Restitution

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 claimed that the accountants were agents of law firms representing him in the grand jury investigation and, thus, that the documents were subject to the …
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Posted in 7th Circuit Criminal Law Alert, Attorney-Client Privilege, Grand Jury Subpoena, Press Releases, Tax Fraud

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 pleaded guilty, he was ordered to pay restitution to the victims—namely, the thirdparty mortgage lenders. That restitution went unpaid, so the government asked the district …
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Posted in 7th Circuit Criminal Law Alert, Asset Forfeiture, Federal Crimnal Procedure, Fraud, News, Press Releases, Restitution

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 the target phone’s location to be approximated by providing a record of where the phone has been used. To isolate the location more precisely, the …
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Posted in 7th Circuit Criminal Law Alert, Press Releases, Search and Seizure

Busted! DEA’s Use of “Stingray” Cell Phone Locator 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 the target phone’s location to be approximated by providing a record of where the phone has been used. To isolate the location more precisely, the …
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Posted in Press Releases

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 inmates are not eligible for early release: (1) Immigration and Customs Enforcement detainees; (2) Pretrial inmates; (3) Contractual boarders (for example, State or military inmates); …
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Posted in 7th Circuit Criminal Law Alert, Press Releases, United States' Sentencing Guidelines

Honest Services Fraud – “Value of Benefit Received” Explained

United States v. Harper, No. 14-2701.   The defendant pleaded guilty to fraud consisting of her having abused her position as a member of a Chicago public-school board by accepting kickbacks of more than $500,000 from bus companies to which she steered transportation contracts worth $21 million. The parties stipulated that the value of the benefit received from the fraud was between $7 and $20 million.    The guidelines in effect at the time required a 20-level enhancement for honest services fraud when "the …
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Posted in Press Releases