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Hal Garfinkel is retained as the defendant's lawyer in the Chicago high profile murder case of Marlen Ochoa-Lopez. Read more...
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Posted by on in Federal Crimes

Illionois defense attorney,  Illinois criminal defense lawyerIn its most basic form, perjury is defined as lying under oath and it is a federal offense. There are two federal statutes that define perjury. The first outlines general perjury, while the other defines making false declarations before a court or grand jury. Although these statutes differ slightly, with one requiring a federal court proceeding, the definition of the act of perjury largely remains the same. That definition may seem simple, but there are five elements that must be met in order for the prosecution to secure a conviction.

Perjury Must Happen Under Oath

A person can make false statements when they are not under oath and it is not considered perjury. For an offense to have been committed, a witness must have promised to provide honest statements to a person that has the authority to administer the oath, such as a court official. The proceeding in which someone takes an oath must also be considered “competent,” or comply with the law.

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Posted by on in White Collar Crime

Illionois defense attorney,  Illinois criminal defense lawyerIn early January, former Congressman Chris Collins was sentenced by a federal judge to over two years in prison for insider trading and making false statements to federal agents. The former congressman told his son that the results from the clinical trial conducted by Innate Immunotherapeutics were negative. Armed with the tip, Collins’ son sold his shares, and many others followed. Along with the jail time, the judge also sentenced him to a fine of $200,000.

Collins admitted to what he had done, saying that he was a disgrace to not only his son, but also the constituents he once served. However, not everyone charged with insider trading is guilty. For these individuals, there are many defenses available.

There Was No Purchase or Sale of Securities

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Illionois defense attorney,  Illinois criminal defense lawyerIn late November, a story emerged from Missouri that involved an injured eagle. The University of Missouri College of Veterinary Medicine confirmed that an eagle was shot and injured, a rare injury for an eagle to sustain. Veterinarians have helped repair the eagle’s wing that was injured but now, authorities are looking for a suspect that may have committed a federal crime.

The story has many people talking. Not only because it involved an injured bald eagle, but because it brought to attention something that many people thought was just a myth. Is it really a federal crime to kill a bald eagle? Yes, it is, and the eagle does not have to die in order for federal charges to stand. Even injuring an eagle, or any part of an eagle’s nest or eggs could also result in federal charges.

The Bald and Golden Eagle Protection Act

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Posted by on in Appeals

Illinois defense attorney, Illinois criminal justice system, Illinois criminal lawyer,If you have been convicted of a federal crime, you may wish to appeal your conviction and/or your sentence. Perhaps you believe that the law was not correctly applied or that your case was not appropriately presented. These are valid reasons for an appeal, but you will likely need a lawyer to take these complaints and present them as errors that must be corrected by a reviewing court.

The Clock Is Ticking

Perhaps the most fundamental part of an appeal is filing a notice of appeal before the deadline.

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Illinois defense attorney, federal crimes, Illinois criminal lawyer,Two individuals were recently convicted of mail and wire fraud in the southern district of Illinois after pleading guilty to the offense. By pleading guilty to the offense, both men avoided a trial on these charges. While many who hear the charge “mail and wire fraud” rightly assume that the charges are serious, describing exactly what constitutes mail and wire fraud is a more difficult task.

Two Examples of Mail and Wire Fraud

The two individuals who recently pled guilty in Illinois serve as examples of what can constitute mail and wire fraud. The first man operated a scheme headquartered in Orlando, Florida, and involved telemarketers for the defendant’s various companies calling timeshare owners. The telemarketers would falsely represent to the owners that they knew of individuals interested in buying the timeshare properties and then demand that the owners front a certain amount of money for closing costs, which the telemarketers claimed would be refunded to them. Instead, however, the defendant and his cohorts simply pocketed the closing costs without selling a single timeshare.

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