Archive for the ‘Illinois’ Category

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Ex-Governor Ryan Wants Charges Tossed

By Jeff L in Attorney Services, Chicago, Crime, Criminal Background Check, Criminal Records, Illinois, Investigations, MSI Detective Services, Police Records, Private Investigator, Theft Investigations, fraud, technorati at September 1st, 2010 | No comments

Cuffed_and_JailedJailed former Illinois George Ryan is asking to have part of his case tossed out due to a Supreme Court ruling that challenged a provision in the law used by prosecutors to convict him of fraud.  Ryan’s lawyer stated that he hopes that the former governor will be released sooner than his expected 2013 release date. This, according to the Associated Press.

Ryan was jailed for several charges, including racketeering, conspiracy, tax fraud and making false statements to the FBI.

The disputed Supreme Court decision has to do with the “honest services provision” in the law that enables prosecutors to claim that government officials–and corporate officers–scheme to “deprive another of the intangible right of honest services.” The provision, which is murky, was weakened earlier this summer by the Supreme Court. The high court’s decision put two highly publicized convictions–Jeffrey Skilling of Enron and Conrad Black, former newspaper chief–back into the spotlight.

The cases for Skilling and Black are both being reviewed; Skilling’s charges have been vacated until retrial, and Black is currently out on bail. The point of contention in the law is that while both men committed illegal acts, they did not do so to achieve private gain.

Attorneys for George Ryan believe that the law applies in his case and have asked the federal judge who presided over the case to vacate the charges against Ryan. The attorneys also believe that Ryan has served his time for the other charges and should be released.

The honest services provision, according to the Washington Post, has been criticized by defense attorneys due to its inability to “prove” that an individual knowingly “schemed” to deprive other’s of their service. Government groups that fight fraud and white collar crimes, however, believe it’s the lynch pin vital for prosecution.

If a request to re-examine the granted, Ryan may be freed on bond; if the judge agrees with Ryan’s lawyers, the former governor may be freed based on time served, according to the Associated Press.

Governor Pat Quinn is not in favor of Ryan’s freedom, stating today; “If you do the crime, you gotta do the time.“

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ACLU Claims Illinois Eavesdropping Law Unconstitutional

By Jeff L in Attorney Services, Background Checks, Chicago, Crime, Criminal Background Check, Criminal Records, Harrassment, Illinois, Investigations, MSI Detective Services, Police Records, Privacy, Private Investigator, Safety, Screening, Security, Surveillance Services, Technology, eavesdropping, harassment, hidden cameras, invasion of privacy, taps at August 25th, 2010 | No comments

No_RecordingTwo hungry brothers and their roommate decided to make a food run to a local McDonald’s in DeKalb last fall. The three Northern Illinois University students were unaware that what started as a simple burger run would become a news event, involving police, the ACLU, and the US Constitution. After securing some grub, the three men were pulled over by a police officer–supposedly because the unnamed roommate was driving erratically.

Feeling uneasy over the DUI stop, Fanon Perteet readied his phone to record video of the police stop. Fanon’s act was illegal under the Illinois Eavesdropping Act and he was arrested for recording a police officer–a felony in the state. His brother, Adrian, was arrested soon after for recording his brother’s arrest. He, too, was informed that he’d committed a felony.

The brothers are among the growing number of Illinois’ residents who’ve made the news for criminal violations of the state’s eavesdropping law, which, according to the American Civil Liberties Union (ACLU) is unconstitutional. The ACLU has filed a lawsuit against against Cook County State Attorney Anita Alvarez that the recording the brothers made falls under the protection of the First Amendment: it’s a right for individuals and groups to share information about the police with the public.

Alvarez, when asked, stated that the law “…doesn’t just protect police officers, it protects all of you and every citizen of the state of Illinois.” There are just a couple states with laws similar to Illinois’; Massachusetts and Oregon. However, both states cover situations where hidden audio recordings of law enforcement officials is illegal.

The ACLU’s lawyers stated that group members monitor law enforcement and want to be given the ability to record officers without fear of arrests during demonstrations. The problem with the Illinois law is that it makes it illegal to record law enforcement in public spaces, where everyday citizens can’t expect the same protections. An ACLU spokesperson stated, “We’re not trying to get inside a police station house where the public isn’t invited,” he said. “We’re talking about standing on a street corner and making these recordings.”

Although citizens can’t make recordings, the police can. Squad cars in Illinois are equipped with both video and audio surveillance equipment to protect officers and the community. Yet, citizens are prosecuted for recording the police.

According to Professor Harold Krent, a Chicago-Kent constitutional law expert, the ACLU’s case is “a long shot.” The law cannot be contested, so the ACLU has to prove that it’s being enforced in some cases while not in others. According to Krent, “That’s a tough legal argument to make.” Chicago Police spokesperson said that any actions that interfere with police puts everyone at risk.

The Perteet brothers settled their cases by pleading to misdemeanor charges because they did not wish to face felonies.

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Undercover Investigation: University of Phoenix

By Jeff L in Background Checks, Chicago, Crime, Criminal Background Check, Electronic Fraud, Illinois, Investigations, MSI Detective Services, Private Investigator, Safety, Screening, Security, Surveillance Services, Technology, Theft Investigations, fraud, hidden cameras, technorati at August 22nd, 2010 | 2 comments
UniversityOfPhoenix_LogoThe University of Phoenix is the largest for-profit college in the United States, with nearly half-a-million students.  Former students, however, say they were misled into paying huge sums and taking on debt by recruiters, earning degrees that didn’t improve the student’s job prospects.

A Noble, IL mother desired to become an elementary school teacher and, after seeing an online ad, emailed the university. Minutes later, a call came in from a Phoenix recruiter who told her that enrolling in the degree program would “fast track” her for success due to an agreement between the Illinois State board of Education and Phoenix. Read the full article »

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Chicagoland Man Charged for $3.7 Million Ponzi Scheme

By Jeff L in Background Checks, Chicago, Crime, Criminal Records, Electronic Fraud, Illinois, Investigations, MSI Detective Services, Private Investigator, Stolen Property, Theft Investigations, fraud, technorati at August 19th, 2010 | 1 comment

Ponzi_Scheme_HouseofCardsJoseph A. Dawson, a far-north Chicago suburban businessman was charged following an FBI investigation into his business. According to the FBI, Dawson defrauded 26 investors of $3.7 million dollars using a ponzi scheme.

The Fox Lake, IL, resident was charged with three criminal counts of wire fraud for allegations that he stole more than $1 million of investors’ funds for his own use and then used the investor’s funds to pay returns on investment to other investors. According to prosecutors, monies used to repay others totaled $2.8 million.

Dawson, a commodity futures & securities trader, owned an investment fund called LEAP and Dawson Trading, LLC; his businesses operated in Ingleside, Fox Lake, and Lakemoor. Dawson Trading took over LEAP (founded in 2001), and its customers, in 2004.

From 2004 to  September 2009, investigations into Dawson’s business practices revealed that he’d offered and sold approximately $3.7 million shares to 26 clients in promissory notes; the notes supposedly ensured the investments were safe and promised to return as much as 80% of any trading profits earned.

Dawson never invested the funds, instead using investor’s money for personal items, like landscaping, automobiles, and a swimming pool addition for his home. To reassure investors, Dawson lied about their investments, allegedly creating & distributing fraudulent statements showing gains.

Wire fraud carries maximum penalties of 20-years in prison and $250,000, plus restitution. Courts may also impose fines doubling the victim’s loss, or twice the the defendant’s gain, whichever amount is greater.

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