When you think of a felony, you probably picture courtroom drama and potential prison time. But in Chicago, a felony conviction is just the beginning of a much bigger story. The consequences that follow can affect your life in ways you might not expect, from being locked out of certain job markets to losing basic rights like voting or gun ownership. It’s not just about serving time—it’s about navigating a world that often closes its doors to convicted felons.

What Is Considered a Felony in Chicago?

Felonies are serious offenses under Illinois law. They are typically more severe than misdemeanors, often resulting in less harsh penalties such as shorter jail time or fines. But felonies? They can land you in prison for years, if not decades, and come with lasting ramifications.

Legal Classification of Felonies in Illinois

In Illinois, felonies are classified into five categories: Class X, Class 1, Class 2, Class 3, and Class 4. Class X felonies are the most severe, involving crimes like armed robbery or aggravated sexual assault. Lower classifications—like Class 4 felonies—cover less violent but still severe crimes, such as some types of drug possession or property crimes. The class of felony you’re convicted of significantly affects your sentence.

Types of Felony Offenses

In Chicago, common felony crimes include:

• Drug trafficking
• Aggravated assault
• Fraud
• Burglary
• Violent crimes like murder or armed robbery

Each crime carries its own legal and personal consequences, but they all share one thing: a felony conviction will follow you long after your sentence is served.

Immediate Legal Consequences of a Felony Conviction

Incarceration and Fines

In Illinois, felonies come with hefty prison sentences and financial penalties. For example, a Class X felony could land you in prison for six to thirty years without the possibility of probation. On top of that, felons are often required to pay substantial fines and restitution, which can put financial strain on both the convicted individual and their family.

Probation and Parole

Probation and parole are common alternatives or additions to prison time. However, these come with stringent conditions. If you’re placed on probation or parole, you must regularly check in with an officer, comply with strict rules, and avoid further legal trouble. Violating any conditions of probation or parole can send you straight back to prison.

Long-Term Personal Consequences

Once the legal dust has settled, the real battle begins. Life after a felony conviction is far from easy, and the personal consequences can be just as harsh as the legal ones.

Employment Challenges

Employers in Chicago can legally conduct background checks, and many are hesitant to hire someone with a felony conviction on their record. Certain industries, like education, healthcare, and finance, may flat-out refuse to consider felons for employment. That said, some state laws aim to mitigate this, but the road remains tough.

Impact on Housing Opportunities

Looking for a place to live? Be prepared for rejection. Landlords are often reluctant to rent to individuals with felony convictions, and public housing in Chicago has strict rules that can disqualify felons from eligibility.

Loss of Voting Rights

In Illinois, convicted felons lose their right to vote while serving time. Fortunately, voting rights are restored upon completion of a sentence, but many people aren’t even aware they can re-register.

Education and Financial Aid Limitations

Many schools are hesitant to admit felons, and qualifying for financial aid becomes an uphill battle. These restrictions make it difficult to pursue higher education and further reduce career opportunities.

Social and Familial Consequences

Strained Relationships and Family Dynamics

A felony conviction doesn’t just affect you—it affects your family. The emotional toll on loved ones can be significant, as many relationships become strained or severed altogether. Child custody disputes are common, with courts often denying visitation or custody rights to convicted felons.

Social Stigma and Community Alienation

Even after serving your time, societal judgment lingers. Communities can be unwelcoming, and social alienation is a frequent consequence of a felony conviction. Rebuilding a network of friends and support becomes a monumental task.

Chicago Felony Defense Attorney You Can Trust

Felony convictions in Chicago come with serious, life-altering consequences, but the right defense can make all the difference. Andrew M. Weisberg’s proven track record in criminal defense means he knows how to dismantle the prosecution’s case, suppress evidence, and expose weaknesses. Whether you’re dealing with serious drug charges, gun crimes, or financial felonies, his prowess in Chicago’s legal landscape could be the key to protecting your rights and your future. Don’t risk going through this without the best defense—connect with us online or call (773) 908-9811 today to start building your case.

Allegations of fraud can have serious legal and reputational consequences for individuals and businesses in Chicago. Whether intentional or unintentional, being accused of fraudulent activity can lead to criminal charges, civil lawsuits, and damage to one’s reputation. In this blog, we will provide practical advice for individuals and businesses on how to protect themselves against accusations of fraud in Chicago. From implementing compliance measures to maintaining accurate records, these strategies can help mitigate the risk of fraudulent behavior and safeguard against legal liabilities.

Understanding Fraudulent Activity:

Before diving into preventive measures, it’s essential to understand what constitutes fraudulent activity. Fraud typically involves intentional deception or misrepresentation for financial gain or to cause harm to others. Common types of fraud include securities fraud, insurance fraud, identity theft, tax fraud, and corporate fraud. In Chicago, fraud allegations may result in both criminal charges and civil lawsuits, depending on the nature and severity of the offense.

Compliance Measures:

One of the most effective ways to protect against accusations of fraud is to implement robust compliance measures within your organization. Compliance programs should be designed to ensure adherence to relevant laws, regulations, and industry standards. This may include conducting regular audits, training employees on ethical conduct and legal obligations, and establishing clear policies and procedures for detecting and reporting suspected fraud. By promoting a culture of integrity and accountability, businesses can reduce the risk of fraudulent behavior and demonstrate a commitment to ethical business practices.

Record-Keeping Best Practices:

Accurate and thorough record-keeping is crucial for preventing and defending against allegations of fraud. Maintaining detailed financial records, transaction logs, and documentation of business activities can provide evidence of transparency and accountability. Businesses should establish standardized record-keeping procedures and implement secure systems for storing and protecting sensitive information. Additionally, retaining documentation related to compliance efforts, internal investigations, and employee training can demonstrate a commitment to regulatory compliance and help refute fraudulent allegations.

Detection and Monitoring Systems:

In addition to preventive measures, businesses should implement detection and monitoring systems to identify and address potential instances of fraud. This may involve implementing fraud detection software, conducting regular risk assessments, and monitoring financial transactions for suspicious activity. By proactively identifying red flags and anomalies, businesses can take swift action to investigate potential fraud and mitigate associated risks. Early detection can also help prevent fraud from escalating and minimize the impact on victims and stakeholders.

Addressing Potential Vulnerabilities:

Identifying and addressing potential vulnerabilities is essential for mitigating the risk of fraudulent activity. Businesses should regularly assess their operations, internal controls, and risk management processes to identify areas of weakness or exposure to fraud. This may involve conducting internal investigations, reviewing third-party relationships, and strengthening internal controls to prevent unauthorized access or manipulation of financial data. By addressing vulnerabilities proactively, businesses can reduce the likelihood of fraud and protect their reputation and financial interests.

Importance of Legal Representation:

Despite best efforts to prevent fraud, individuals and businesses may still find themselves facing allegations of fraudulent activity. In such cases, seeking legal representation is essential for protecting one’s rights and mounting a strong defense. An experienced criminal defense lawyer can provide invaluable guidance and advocacy throughout the legal process, from conducting internal investigations to representing clients in court proceedings. With expertise in fraud law and litigation strategy, a skilled attorney can help clients navigate complex legal challenges and work towards a favorable outcome.

Final Notes on Fraud Accusations:

Protecting against accusations of fraud requires proactive measures, diligent oversight, and a commitment to ethical conduct. By implementing compliance measures, maintaining accurate records, detecting and monitoring for potential fraud, addressing vulnerabilities, and seeking legal representation when needed, individuals and businesses can mitigate the risk of fraudulent activity and safeguard against legal liabilities. In Chicago, where fraud allegations can have serious consequences, taking proactive steps to prevent fraud is essential for protecting one’s reputation and financial interests.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Financial fraud can happen to anyone, but being informed and vigilant is your best defense. In Chicago, where the financial landscape is as dynamic as the city itself, it’s crucial to be aware of the signs of financial fraud and how to protect yourself from inadvertently committing fraudulent acts.

In this guide, we will explore practical tips for recognizing and preventing financial fraud, with a focus on local examples and Illinois law.

Recognizing Signs of Financial Fraud

Unauthorized Transactions

Keep a close eye on your bank and credit card statements for any unauthorized transactions. If you spot any, report them to your financial institution immediately.

Local example: In 2019, the City of Chicago suffered a data breach that compromised sensitive information. This incident emphasizes the importance of monitoring financial statements regularly.

Identity Theft

Be cautious of unsolicited emails or phone calls asking for personal information, such as Social Security numbers or credit card details.

Local example: In 2020, the Illinois Attorney General’s office warned about an uptick in identity theft cases related to unemployment fraud. Always verify the legitimacy of the request before sharing personal information.

Ponzi Schemes and Investment Frauds

Be wary of investment opportunities promising unusually high returns with little risk. Do your due diligence, and consult with a financial advisor before investing.

Local example: The infamous Bernie Madoff scandal serves as a stark reminder of the harm caused by Ponzi schemes. Madoff’s fraud affected several Chicagoans.

Mortgage and Real Estate Scams

When purchasing or refinancing a home, be cautious of predatory lenders or unscrupulous real estate agents. Verify their credentials and check online reviews.

Local example: The 2008 housing crisis had a significant impact on the Chicago real estate market, highlighting the dangers of predatory lending and overvalued properties.

Phishing and Email Scams

Be cautious when clicking on links or downloading attachments from unfamiliar sources. Scammers often use deceptive emails to steal personal information.

Local example: In 2021, the Chicago Tribune reported on a phishing attack that targeted employees at a local hospital. Always verify the sender’s authenticity before opening suspicious emails.

Prevention Strategies

Educate Yourself

Stay informed about common fraud schemes and scams that are prevalent in Chicago. Local news outlets and government agencies often provide updates and warnings.

Secure Personal Information

Safeguard your personal and financial information. Use strong, unique passwords and consider using a password manager. Shred sensitive documents before disposing of them.

Verify Credentials

When dealing with financial professionals or businesses, verify their credentials and check for any complaints with the Illinois Department of Financial and Professional Regulation (IDFPR).

Monitor Credit Reports

Regularly review your credit reports for any unusual or unauthorized activity. Under the Fair Credit Reporting Act, you are entitled to one free report from each of the three major credit bureaus annually.

Report Suspicious Activity

If you suspect financial fraud, report it to the appropriate authorities. In Chicago, you can contact the Illinois Attorney General’s office or the Chicago Police Department’s financial crimes unit.

Avoiding Accidental Fraud

It’s not just about protecting yourself from being a victim of financial fraud; it’s also about ensuring you don’t inadvertently become involved in fraudulent activities. Here are some tips to avoid accidentally committing fraud:

Understand Illinois Law

Familiarize yourself with Illinois state laws related to financial transactions, contracts, and business practices. Ignorance of the law is not a defense.

Seek Legal Advice

When entering into contracts or business agreements, consult with an attorney to ensure you are complying with Illinois regulations and protecting your interests.

Stay Transparent

Whether in personal or business dealings, be transparent and honest in your financial transactions. Concealing important information can lead to legal trouble.

Avoid Financial Fraud In Chicago

In the vibrant city of Chicago, financial fraud is a constant threat. By educating yourself about the signs of financial fraud, staying vigilant, and adhering to Illinois law, you can protect yourself and your assets. Remember that prevention is the best defense, and when in doubt, seek legal advice to ensure you’re on the right side of the law. In a city that never sleeps, financial vigilance should never rest.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Fraud is a major crime that can have long-term repercussions if you are charged and found guilty. In Illinois, the law prohibits many different types of fraud, ranging from identity theft to insurance fraud. Understanding what constitutes fraud in our state is important for anyone who may face legal consequences due to their involvement with fraudulent activities. Here’s what you need to know about some of the most common types of fraud in Illinois… and others you may not know about.

Identity Theft and Deceptive Practices

Under Article 17, Subdivision 10 of the Criminal Code of 2012, identity theft occurs when someone uses another person’s personal information without their permission or knowledge for unlawful or fraudulent purposes. This type of fraud can include using another person’s name or Social Security number to open credit accounts or even stealing someone else’s mail. A conviction for identity theft can result in up to three years imprisonment and a fine of up to $25,000.

Computer Fraud

Computer fraud occurs when someone illegally accesses a computer or network with the intent to commit fraud or theft. You could be accused of stealing personal information, manipulating data or programs, altering or deleting files, or using any other means to unlawfully gain access to a system. Other ways of committing computer fraud may include using deception or false pretenses in order to gain control over another person’s account or system.

Forgery and Financial Institution Fraud

Under Article 17, Subdivision 20, it is illegal for individuals to forge checks or other documents with the intent to defraud someone else out of money or property. Additionally, this subdivision prohibits any form of financial institution fraud such as forging checks or using counterfeit credit cards. Conviction on these charges can result in one year imprisonment and fines up to $2,000.

Fraud on a Governmental Entity

It is also against the law for anyone to commit any type of fraudulent act against a government entity using a computer system. This includes using false pretenses, misrepresentation, and deception in order to obtain funds from the government entity. It may also include using stolen passwords or accessing protected information without authorization. Anyone who commits this type of crime can face serious criminal penalties and may even be liable for civil damages if their actions resulted in losses for the governmental entity involved.

Counterfeiting Currency

Article 17 subdivision 25 states that counterfeiting currency is prohibited and is considered a felony offense punishable by three years imprisonment and fines up to $25,000 for each offense committed. Counterfeiting currency includes reproducing fake coins and bills that are made with the intention to deceive someone else into believing they are real United States currency notes or coins issued by the government.

Insurance Fraud

Article 17, Subdivision 15 of the Criminal Code prohibits any form of insurance fraud. What exactly is insurance fraud? Generally speaking, it includes filing false claims or making false statements regarding a claim in order to reap financial benefits from an insurance provider. If convicted of insurance fraud, you face up to five years in prison and a fine of up to $25,000. It’s important for individuals charged with any type of fraud understand their rights under state law so they can make informed decisions about how best defend themselves against these charges legally. If you have been charged with any kind of fraud in Illinois it’s important you seek experienced legal counsel as soon as possible so you can get the best advice regarding your situation before taking further action.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Mail is something that is so much a part of everyday life – it can be difficult to envision the types of crimes people commit surrounding it. But make no mistake, crimes involving mail are currently alive and well.

In fact, in Illinois, there’s been a rash of mail stolen from collection boxes outside of the Park Ridge post officer. The boxes were pried open, and the mail inside was stolen.

Many of these crimes go beyond simply taking mail. They leak into areas such as check fraud. One Illinois man wrote a check to cover his phone bill and discovered that it had been stolen and forged to become a $4,000 check to someone he didn’t know.

Crimes involving mail are serious since they can be not only state crimes but federal ones, too. Here’s what you need to know about mail theft, check fraud, and forgery in Illinois.

Mail Theft in Illinois

Mail theft is treated like any other type of theft in Illinois. That means when you take someone else’s property without their permission and with the intent to deprive them of it permanently, then you are guilty of theft – including when the property is mail.

There are a variety of different theft crimes in Illinois, but what they all have in common is that the severity of the charge is directly related to the value of the property taken. Also, the types of property stolen can impact the charges faced.

You can be charged with petty theft or something as serious as grand theft. And the method you’ve taken it – for example, if it’s done through force or fear – can make the charges faced more severe.

If you are found guilty of misdemeanor theft, then you can face up to one year in jail, fines of up to $2,500, and be required to pay restitution to the victim for any losses. Felony theft, on the other hand, can garner up to 15 years in prison and fines of as much as $500,000.

In Illinois, there’s even Class X felony theft, which usually involves theft from a school, church, or from government property. A Class X felony can send you to prison for up to 30 years and make you responsible for fines of as much as $25,000 on top of any restitution owed to the victims.

Mail theft can also lead to federal charges since the post office is a federal agency. Federal mail theft can lead to five years in prison and fines of as much as $250,000.

Check Fraud in Illinois

Check fraud is considered a deceptive practice in Illinois. It is comprised of distinct crimes, which include:

General Deception

This occurs when someone has the intent to defraud another and knowingly cause, through threat or deception, execution of a document disposing of property or a monetary obligation. It can also occur if the person knowingly permits the receipt of or receives an investment or deposit from an institution they know to be insolvent. If you use deceptive or false statements in public to promote the sale of services or property that are false, that is also considered general deception.

Bad Checks

Passing bad checks is a crime, as well. It occurs when someone intends to pay for or obtain control over property or services, and they deliver or issue a check knowing that it’s not valid. It also occurs when someone delivers or issues a check over $150 that they know will not be paid due to insufficient funds.

In most cases, those guilty of check fraud attempt to pass bad checks, use forged checks, or float checks. The penalties generally fall under Class A misdemeanor crimes, which means that it can result in up to one year in jail and fines of as much as $2,500. However, it can be a Class 4 felony in some cases, which can result in as many as three years in prison and fines of $25,000.

Forgery

The crime of forgery occurs when someone:

• Intends to defraud another by knowingly creating a false document or altering an existing document to make it false
• Delivers or issues a false document knowingly
• Has in their possession with the intent to deliver a false document
• Uses a digital signature unlawfully
• Uses a signature device of someone else to unlawfully create an electronic signature

Forgery is considered a Class 3 felony in most cases, which can lead to five years behind bars and fines of as much as $25,000.

The moral of this story? Keep an eye on your mail, and don’t mess with mailboxes!

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Income Tax Fraud Defined

Income tax fraud is defined as a willful attempt to evade tax law or defraud the IRS. Tax fraud occurs when an individual, corporation, or other entity does any of the following:

• Purposely fails to file an income tax return
• Intentionally fails to pay taxes due
• Willfully fails to report income
• Makes a false or fraudulent claim
• Prepares and files a false tax return

Common Tax Mistakes People in Illinois Make

Common tax mistakes include:

• Filing a tax return with incorrect or missing information
• Incorrectly claiming earned income tax credit when you’re not eligible for it. This is a common IRS audit trigger
• Abusing tax shelters, which are often proposed by accountants and wealth planners
• Claiming improper or inflated deductions
• Failure to report income
• Falling victim to tax preparer fraud, in which a tax preparer claims credits or deductions that you’re not entitled to in order to increase their own fee

In short, if you don’t pay close attention while preparing your tax returns this tax season, you might end up inadvertently committing tax fraud or negligence. There’s a big difference between those two things, though, and it’s important to understand.

Tax Fraud… or Tax Negligence?

So, you’ve made a mistake on your taxes. But does it constitute fraud, or is it an honest mistake?

By definition, fraud must be committed willfully, and with the intent to defraud the victim – in this case the IRS. Tax mistakes committed inadvertently are considered negligence.

The IRS understands that tax code is complex, and is difficult for most people to decipher. Therefore, IRS auditors look for common signs of fraudulent activity, including:

• Overstatement of exemptions and deductions
• Falsified documents
• Transfer or concealment of income
• Maintaining two sets of financial ledgers
• Falsifying personal expenses as business expenses
• Willfully underreporting income
• Using a false Social Security number
• Claiming exemptions for nonexistent dependents
• Forgery of documents

Consequences of an Income Tax Fraud Violation

If you’re audited and found to have committed negligence, you’ll be required to pay whatever amount you have underpaid to the IRS, and potentially a penalty of 20 percent of the underpayment.

If you’re found to have intentionally committed tax fraud, you will also be subject to criminal consequences, including:

• Attempt to evade or defeat paying taxes: This is a felony punishable by up to five years of imprisonment and/or a fine up to $250,000, plus the cost of prosecution.
• Fraud and false statements: If you falsified documents, you’ll be charged with a felony punishable by up to three years of imprisonment and/or a fine of up to $250,000, plus the cost of prosecution.
• Willful failure to file a return, supply information, or pay tax at the time required by law: This is a misdemeanor, and is punishable by up to one year of imprisonment and/or a fine of up to $100,000, plus the cost of prosecution

To avoid making a tax mistake, exercise the utmost caution when preparing your returns this year. And if you run into income tax problems, get help sooner rather than later to learn more about your options and avoid greater consequences.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

The holidays are upon us, meaning that the mail is overloaded with packages of all kinds. During this hectic time of year, it’s not unusual to receive packages that aren’t addressed to you.

In some cases, it’s not even possible to return the package to its intended recipient. So in this case, what do you do with this unwanted item?

If the item happens to be worth some money, you might be tempted to return it to a local retailer for the cash or store credit. Good idea, right?

Illinois Law Says Returning a Misdelivered Item is Shoplifting

So, you head on down to a local retailer to try this, but the clerks keep giving you weird looks and disappearing. Then a big guy in a security uniform comes out and tells you to follow him. What’s happening? He says you’re accused of shoplifting.

What? You didn’t take anything from the store. You brought items into the store! How is this possible, you ask?

Unfortunately, under Illinois law, the blanket term of shoplifting describes a number of criminal behaviors. Returning an item to a store where you didn’t buy it in an attempt to collect cash or store credit is a form of shoplifting.

Surprised? Most people are. In fact, it’s completely possible for an otherwise law-abiding citizen to commit shoplifting without being aware that they were doing anything illegal.

Because of this, we’ve put together a guide covering the acts that constitute retail theft in Illinois, the penalties you could face if convicted, and how you can defend yourself if you’re accused of retail theft this holiday season.

Six Acts that Constitute Retail Theft in Illinois

Illinois has extensive criminal statutes covering retail theft specifically, which explicitly describe the acts that can be considered retail theft.

Under Illinois law, the following acts are considered retail theft:

Taking Merchandise without Paying

This the act that most people think of as shoplifting. This can happen whether you hide the item in your purse, leave it in your cart at checkout, or simply walk out without paying for it.

Tampering with Price Tags or Other Labels

Switching the price tags of a more expensive item with that of a lower priced item, or manipulating any labels used by the store (for example clearance stickers), is a crime. It is viewed as an attempt to pay less than the true value of the item.

Switching Merchandise from One Container to Another

Similar to price switching, some shoplifters move more expensive merchandise from the original packages into the packaging of a less expensive items. This is an attempt to pay a lower price for the higher-cost item.

Return Scams

As we highlighted above, attempting to return an item to a store where you didn’t buy it constitutes retail theft. Thieves commonly steal merchandise from one store and attempt to return it to another.

Keeping Merchandise Past Lease Expiration

If you rent an item from a retail store, you can be charged with retail theft for failing to return the item.

Defeating Anti-Theft Devices

Tampering with or otherwise disarming anti-theft devices in a retail store can also land you shoplifting charges. Often offenders will go into dressing rooms for a more private place to tamper with (or remove) the devices.

In many cases, you don’t even need to attempt to steal an item for the charges to apply. For example, if you’re caught price tag switching, you’ll face charges even if you never bring the item in question to the register.

Illinois Shoplifting Sentencing and Penalties

Shoplifting charges are prosecuted based on the total value of the merchandise allegedly shoplifted, and certain circumstances surrounding the offense. Essentially the threshold between lower-level sentencing depend upon the following factors:

• Whether or not the items taken were more or less than $300 value
• Whether an emergency exit was used
• Whether the offender has prior charges or convictions

Prison terms range between one and seven years based on those factors, and fines can run from $2,500 to $25,000. Talk to an experienced Illinois criminal defense attorney to better understand the consequences you could face based on the specifics of your case.

Defending Yourself Against Retail Theft Charges

Clearly, retail theft charges are nothing to mess around with. Under certain circumstances, you could face felony-level charges – even for a first-time offense.

Common Defense Strategies

Fortunately, there are many defense strategies that could be used to help your case:

• Mistake of fact
• Lack of intent
• Entrapment
• Return of property
• Impaired mental state

Options Beyond Trial

If the evidence against you is strong, or your attorney otherwise advises you not to take the case to trial, you still have options:

• Pretrial diversion programs for first-time offenders, in which the charges are dropped upon successful completion of the program
• Plea bargaining with the prosecution, which involves entering a guilty plea in exchange for less-severe charges and/or sentencing

No matter what the case, if you are facing shoplifting charges, it is in your best interest to respond quickly and proactively to minimize your chance of long-lasting criminal consequences.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Embezzlement is a form of white collar crime which may be punishable by lengthy prison sentences, exorbitant fines, and restitution. Despite these serious criminal consequences, embezzlement is sadly fairly common here in Illinois.

Take, for example, the former mayor of Posen. He was recently indicted on embezzlement charges for stealing money from the city’s checking account during his final two years in office, from 2015 to 2016. The indictment does not report how much the former mayor allegedly stole, and the case is ongoing.

Or, perhaps, the clerical worker at Illinois State University who was recently accused of embezzling over $160,000 from the University over the period of several years. She is currently awaiting trial, and could face 6-30 years in prison if convicted.

As you can see, embezzlement is a white collar crime that is taken quite seriously by our state. Let’s take a look at the laws surrounding embezzlement, as well as the sentencing and penalties you could face if convicted.

How Illinois Law Defines Embezzlement

The offense of embezzlement takes place when someone who was entrusted to manage the money or property of another person or entity steals all or part of the money or property entrusted to them for personal gain.

Illinois law defines embezzlement as when the following occurs:

• The defendant has a fiduciary relationship with the victim;
• The defendant acquires property through this relationship;
• The defendant takes ownership of the property or transfers the property to a third party for his or her own personal gain;
• The defendant’s actions are intentional, and are not accidental.

Illinois Embezzlement Sentencing and Penalties

Like most theft crimes, embezzlement is punished related to the amount of money or property allegedly embezzled. Embezzling from certain victims (for example, a school or place of worship) results in enhanced sentencing and penalties.

If convicted of embezzlement in Illinois, you can expect the following consequences:

• Under $500 and not from a person: Class A Misdemeanor punishable by less than one year in prison and fines up to $2,500. If the victim was a school or place of worship or government property was embezzled, this becomes a Class 4 Felony punishable by 1-3 years in prison and fines up to $25,000.
• Under $500 from a person or $500-$1000: This is a Class 3 Felony punishable by 2-5 years in prison and fines up to $25,000. If the victim was a school or place of worship or government property was embezzled, this becomes a Class 2 Felony punishable by 3-7 years in prison and fines up to $25,000.
• $10,000-$100,000: This is a Class 2 Felony punishable as is described above. If the victim was a school or place of worship or government property was embezzled, this becomes a Class 1 Felony punishable by 4-15 years in prison and fines up to $25,000.
• $100,000-$500,000: This is a Class 1 Felony punishable as is described above. If the victim was a school or place of worship or government property was embezzled, this becomes a Class X Felony punishable by 6-30 years in prison and fines up to $25,000.
• $500,000-$1 Million: This is a Class 1 Non-probational Felony punishable as is described above. This offense is not eligible for probation, meaning that the defendant will serve the entire prison term.
• Over $1 Million: This is a Class X Felony punishable as is described above.
• Theft of at least $5,000 from a victim over 60: This is a Class 2 Felony punishable as is described above.

The severity of penalties is why it’s so important to be aware of the laws surrounding embezzlement, and to proactively fight back to give yourself the best chance at beating your charges.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Have you been charged with bribery in Illinois? Are you under investigation? Do you just want to understand how the law works to make sure you’re abiding by it?

In this post, we’re going to detail laws and associated penalties, and cover what you can do to fight back if you do find yourself getting unwanted attention from law enforcement.

How Illinois Bribery Laws Work

How big of a deal is bribery here? It’s one of the most serious white collar crimes on the books – so much so that our state has three different statutes that cover it:

720 ILCS 5/33-1. Bribery

720 ILCS 5/29-1. Offering a bribe

720 ILCS 5/29A‑1. Commercial bribery

In all cases, bribery involves illegally offering something to influence another’s conduct.

How do they differ?

720 ILCS 5/33-1. This type of bribery makes it illegal to attempt to influence a public officer, employee, juror, or witness.

Charge: Class 2 felony.

720 ILCS 5/29-1. This statute is about bribery in sports (pro, amateur, and college), as well as any “interscholastic competition.”

Charge: depending on the circumstances, could be a Class A misdemeanor or Class 4 felony.

720 ILCS 5/29A‑1. Commercial bribery, in essence, is about bribing someone else’s employee to alter their conduct in relation to their employer’s affairs.

Charge: depending on the circumstances, could be a Class A misdemeanor or Class 3 felony.

The nuances of each law can get a bit complicated, and your best bet if you are charged is to consult with a knowledgeable Chicago criminal lawyer as soon as possible.

To give you a better sense of this, though, let’s dive a bit further into the nuts and bolts of 720 ILCS 5/33-1. Where this statute is concerned, someone can be charged for:

• Making a promise of personal advantage or giving property to a person who is not lawfully able to accept the property or advantage.

• Making a promise of personal advantage or giving property to a person who is not lawfully able to accept the property or advantage and who is believed to be a public

officer, public employee, juror or witness.

• Making a promise of personal advantage or giving property to a person who is not lawfully able to accept the property or advantage, which causes another person to influence the official actions or functions of a public officer, public employee, juror or witness.

• Unlawfully agreeing to accept, receive or retain any personal advantage or property while knowing that it was promised or given with the intent to influence the official actions or functions of a public officer, public employee, juror or witness.

• Unlawfully agreeing to accept, receive or retain any personal advantage or property with an understanding that the recipient is expected to influence the official actions or functions of a public officer, public employee, juror or witness.

Examples of Bribery in Illinois

It may be easier to understand bribery charges by looking at a few specific examples.

Here are several to consider.

• Paying for a public employee’s vacation so that she will modify official documents for you.

• Giving a judge’s family member tickets to a premiere sports event so the judge will rule favorably in your civil case.

• Paying a prosecutor to get criminal charges dismissed.

• Offering a big discount on a car at your lot if a rival team’s star athlete sits out the game against your alma mater.

In short, bribery charges are a big deal. Not only can the criminal penalties be incredibly severe, it carries with it a social stigma that can follow you around for the rest of your life, and may derail many business and career opportunities.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

In 2004, a now-retired priest entered Illinois as a legal immigrant to work at several Episcopal churches. In 2006, he visited a Department of Motor Vehicles location, where he claims that a supervisor accepted his United Kingdom passport as proof of identification and asked him if he wished to register to vote.

Despite his momentary surprise, the priest signed the card to register, and later that year he voted on a local referendum. It wasn’t until the following day, after speaking with a parishioner, that he fully realized his mistake.

The priest has not voted again, and he has no other criminal activity on his record. Authorities weren’t even aware of the situation until he openly admitted to it while recently applying for US citizenship.

Now, he may be facing deportation for voter fraud.

The 1993 National Voter Registration Act allows certain eligible individuals to register to vote while getting a driver’s license. It’s not uncommon for ineligible individuals to register, partly due to not understanding the process, and partly due to Department of Motor Vehicles workers who are uninformed about state law.

So, why is this man potentially facing such serious repercussions for something so seemingly minor? Because it’s election time, and worries over voter fraud always increase during this time of year.

It also probably doesn’t help that the current administration has been on the warpath regarding voter fraud – despite no real evidence that it is a widespread problem – making everyone extra vigilant.

Because of this, it is even more important that you understand the various actions that count election fraud under the law.

Changing the Vote Count

You can face charges if you are an election worker and you tamper with the vote count in a central voting location or precinct.

False Registration

If you use a false name, address, or place of residence that does not lawfully belong to you, you could face prosecution for voter fraud.

Fraudulent Absentee Ballots

Under specific guidelines, absentee ballots are permitted in

Illinois. However, absentee ballots can be fraudulent in several different ways.

It is not lawful to request an absentee ballot on behalf of someone else. If you vote on that person’s behalf without their knowledge, charges of voter fraud may apply.

You can also face charges for forgery of a signature on an absentee ballot or for telling the absentee ballot voter how to cast their vote.

Illegal Registration

Voter registration is not permitted for convicted felons or for people who are not currently citizens of the United State.

Impersonation

If you impersonate another individual with the intent of casting a vote, you could face criminal charges. This applies to impersonations of a person who has died, has moved, or is incarcerated.

Intimidating or Forcing Voters

If you intimidate someone or use force against them with the intent of influencing that person’s vote, you could be charged with voter fraud. Most of the time, individuals who are targeted with these tactics include those who do not speak English well, elderly people, disabled people, or those who cannot read.

Petition Fraud

For a petition to be properly listed on a ballot, valid signatures are required. If you are caught forging signatures on the petition for the ballot, you could face criminal charges.

Purchasing Votes

You cannot lawfully pay anyone else to vote, either in person or by ballot.

Voting More Than Once

If you register or vote in more than a single location, voter fraud charges may apply, whether it’s within a single jurisdiction or multiple jurisdictions.

Voter fraud charges can be complicated and highly specific. To understand the charges that qualify as voting fraud in Illinois, it’s important to consult with a knowledgeable Chicago defense attorney.

What to Do Next If You Are Charged with Voter Fraud in Chicago

With cases like these, it’s unwise to navigate the legal waters yourself. Voter fraud cases can be politicized and publicized, and an experienced lawyer will be best able to advise you on exactly what to do to avoid further legal problems.

When you consult with an attorney, you will discuss the best defense strategies for your particular case. He or she will choose the defense they believe is most likely to help you get your charges reduced or dropped.

Any of the following defenses may work depending upon the specifics of your situation:

• You had no knowledge that you were committing fraud.
• You did not act with intent.
• There is not enough evidence to form a case against you.
• You acted under the pressure of duress or entrapment.

The election is right around the corner. Now more than ever, it’s important to exercise your right to vote and participate in our democracy. When you do so, though, make sure you understand the law so you can keep out of trouble.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

They often don’t receive a whole lot of news coverage, but people in Illinois are being charged with forgery crimes all the time.

Mohd Assaf, a former Chicago Housing Authority vendor, is facing several counts of forgery and theft for allegedly signing and depositing $193,000 in fake housing authority checks. Assaf owns a painting service and allegedly cashed fraudulent checks between Nov. 2016 and Feb. 2018.

In another case, an assessor in Kingstown Township is pleading not guilty to various charges, including forgery. Jennifer Cleveland, 49, is accused of forging documents regarding property her son purchased last year.

If convicted, both could suffer significant fines and incarceration.

What can you expect if you are facing forgery charges in Illinois? Depends on which type of forgery you are charged with.

Below, we’re going to detail the three types of forgery under Illinois law and explain how we can help you fight your charges.

Definition of Forgery in Illinois

It starts with knowing how the state statutes define forgery. According to Illinois law, a person can be charged with forgery under the following conditions:

• Making a false document with an intent to defraud someone
• Issuing a document while knowing it has been fraudulently altered
• Possessing an altered document with the intent to deliver or issue it
• Using an electronic signature in an unlawful manner
• Unlawfully using someone else’s signature device to create an electronic signature

If you have been charged with any of these actions, a knowledgeable Chicago criminal defense attorney can help you understand your charges.

The Three Types of Illinois Forgery and Their Penalties

Illinois law punishes forgery in three different classes.

A Class 3 felony applies to most circumstances of forgery. A conviction may result in 2-5 years in prison, up to 18 months of periodic imprisonment, up to 30 months of probation or conditional discharge, up to $25,000 in fines for each offense, and/or restitution for the offense(s).

If one Universal Price Code label (UPC) is forged, a Class 4 felony applies. A conviction may result in 1-3 years in prison, up to 18 months of periodic imprisonment, up to 30 months of probation or conditional discharge, up to $25,000 in fines for each offense, and/or restitution for the offense(s).

A Class A misdemeanor applies for forgery of an academic degree or coin. A conviction may result in up to one year in prison, up to two years of probation or conditional discharge, up to $2,500 in fines for each offense, and/or restitution for the offense(s).

Legal Assistance for Forgery Charges

Since a forgery conviction can result in serious consequences, you need the experienced help of an aggressive white crimes lawyer who will fight to protect your freedoms. Here are some of the most common defenses we use to battle forgery charges:

Lack of intent

A forgery conviction hinges on whether you acted with intent. If there is not enough evidence to support the idea that you acted with intent, your charges may be dropped.

Mistake of fact

Again, the evidence comes into question with this defense. A skilled attorney will be able to sift through the evidence and prove that you made an honest mistake instead of an intentional one.

Duress

If you were forced to forge documents under the threat that you or a loved one could face harm, the case against you may be dismissed.

It’s important to consult with a skilled criminal defense attorney as soon as charges are filed against you. We will gather evidence that supports your case and work hard to get your charges reduced, dropped, or dismissed. Call us today for a free case review.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

If you live around Chicago’s Chinatown, you may have heard about the scandal involving the area’s famed chef, Tony Hu.

Before the FBI searched his restaurant and found evidence of him laundering money and cooking the books to avoid millions of dollars in taxes, Hu’s story was the classic tale of the American Dream. His recent sentencing, however, added an orange jumpsuit to his rags-to-riches story.

Who Really Is Tony Hu?

Hu grew up on a farm in the Sichuan Province of China with his family. He left in shame and came to America over 30 years ago after he didn’t do so well on a college entrance exam.

Since then, Hu has worked hard to build up a restaurant business that annually brings in over $40 million in sales and includes 11 restaurants in the greater Chicago area, one in Milford, Connecticut, and one in Las Vegas.

In November 2014, however, everything changed for Hu. FBI agents obtained search warrants for his restaurants and discovered that he had altered over $10 million worth of cash receipts to avoid paying high taxes.

Since 2009, investigators believe he committed tax evasion to the tune of over $1 million. The cash receipts and concealed fraud were hidden in over 100 garbage bags seized by investigators.

Hu was charged in May 2016 for wire fraud and money laundering. He pled guilty. Prosecutors asked that Hu be sentenced to over four years in prison, but his defense lawyer asked only for probation.

At Hu’s sentencing trial in mid-November, he received one year and one day in prison. (The one extra day allows him to qualify for good behavior time later.) He must also pay $100,000 in fines, and even more in court-ordered restitution. His jail sentence will begin in February.

Is Hu’s Money Laundering Sentence a Typical One in Illinois?

There are a few years difference in the amount of jail time the prosecution asked for and what Hu ultimately received. Is this typical for money laundering charges?

First, let’s talk about what it means to say someone is laundering money. Money laundering is the act of concealing any form of money to hide its original source. It is a white collar crime that consists not only of committing fraudulent acts or having fraudulent intentions, but also taking the time and effort to cover up this wrongdoing.

In Hu’s case, he committed money laundering when he began changing cash receipts and storing them in tucked-away boxes or trash bags.

When white collar crimes involve hiding money or taxes from the federal government, there is a very good chance that you will undergo a federal investigation and face federal charges. If this is the case, the evidence against you will be extensive, and the charges and penalties are incredibly serious.

Felony money laundering calls for over a year in prison and up to $500,000 in fines. That makes it seem like Hu’s deal is right in line with the average sentence. However, remember that he also pled guilty to wire fraud charges. When you consider both charges and the fact that he avoided over $1 million in taxes, one year in jail is a pretty light sentence.

That being said, Hu does have steep restitution requirements against him. So far, he has paid back over a million dollars, something that has forced him to shut down several restaurants. Moreover, if Hu is ever convicted of these charges again, he may be facing multiple years, or even decades, in prison.

If you have been charged with money laundering in Illinois or believe that you may be under investigation, it is imperative that you get on the phone with an experienced Chicago money laundering defense lawyer immediately. There are actions that can be taken to minimize the damage and possibly even stop the case before it really even starts, but you have to act fast.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Accusing someone of fraud sometimes sounds like a scene from an old movie. We know that fraud is often linked with dishonesty, but how serious is a fraud charge? What does fraud entail, and how often do miscommunications and mistakes legally qualify as fraud?

If you have been charged with fraud or believe you may be charged with fraud, it is crucial to understand the charges you are facing and the possible consequences from a fraud conviction.

Below are 6 things you may not know about fraud in Illinois.

Fraud is a broad term. What is fraud? Any act of deception with intent to harm is considered fraud. Some of the different kinds of fraud include:

• Healthcare fraud
• Internet fraud
• Wire fraud
• Securities fraud
• Bank fraud
• Mail fraud
• Tax fraud
• Credit card fraud

If you forge an employee’s signature on a document at work with unjust intentions, you have committed fraud. When a telemarketer calls your home offering a “free” trial in an effort to secure payments in the future, he or she is committing fraud.

“Catfishing” and “pyramid schemes” are considered fraud. Technology and the Internet have introduced endless possibilities: including limitless ways for people to commit Internet fraud. Creating fake social media profiles or identities on the Internet is called “catfishing,” and it is illegal. Catfishers have not only been charged with fraud, but actually brought to the Illinois Supreme Court.

“Pyramid schemes” are business ventures that profit simply from promoting that venture. Often, to enter into a pyramid scheme, an individual must pay a large sum of money, with a greater sum of money promised to them after they recruit friends, neighbors, and coworkers. Pyramid schemes are considered illegal in Illinois and the owners of the scheme can be charged with fraud. The more money involved in the pyramid scheme, the higher the consequences.

In Illinois, fraud is typically a Class 3 felony. The punishments for a Class 3 felony are to be taken very seriously. If you are charged with a Class 3 felony you may be sentenced to 2-5 years in prison, face a fine of up to $25,000, and if you are convicted of fraud, you may have to pay restitution to victims on top of this.

It’s possible that charges and penalties could be less severe if little money or few people are involved. Some incidents of fraud are charged as Class A misdemeanors. But it can also go the other way, and…

…You can face life in prison for fraud. Certain very serious incidents of fraud are charged as Class X felonies, which come with severe consequences. An even harsher punishment can be added to your sentence if your case involves aggravated factors.

Examples of aggravated factors include the involvement of elderly or underage victims, hate crimes, and if you have previous criminal charges.

In court, fraud and theft go hand in hand. If you believe you may have been involved in or are being investigated for fraudulent activity, you must consider the possibility of being charged with felony theft. Both are considered white-collar (nonviolent) crimes, and a felony theft charge is the most common consequence for white-collar crimes in the state of Illinois. Any theft or fraud involving over $500 is considered a felony.

Committing fraud requires specific intent. Because fraud is such a broad terms, it is not uncommon for someone to find themselves charged for a simple mistake, misunderstanding, or miscommunication. What happens if you are accidentally charged with fraud?

A key element of fraud is the intention to do harm or make personal financial gains. Because of this, one of the most common defenses against a fraud charge is a lack of intent. You may have done something wrong, but it was inadvertent. Without intent, fraud did not occur.

If you have been charged with fraud or are concerned that you may be charged, it is important to review your case and possible options immediately. Seek out an experienced Chicago fraud attorney who will sit down with you for a free initial consultation to discuss the severity of your case and the best defense strategies based on your specific situation.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Embezzlement, IRS violations, money laundering, as well as specific types of fraud, including bank fraud, mortgage fraud, and financial fraud require aggressive, thorough, capable representation by an experienced fraud attorney. Medicare fraud, prescription fraud, and consumer fraud are hot topics in Chicago, so law enforcement has an even tighter watch on violations than ever before.

If you stand accused of fraud, or you are currently being investigated for fraud, Andrew Weisberg, an experienced fraud attorney in Chicago, answers his cell phone 24/7 so you can get busy preparing yourself for what may come. Fraud charges can result in stiff sentences, up to and including life in prison. Attorney Weisberg can inform you of your rights, review the evidence against you, and begin working toward the most appropriate resolution on your behalf. The first step, however, is to call for a free and confidential consultation with Attorney Weisberg to determine whether he can help you.

Fraud Attorney Chicago – No matter how straightforward or complex your fraud charge, Andrew M. Weisberg is an experienced fraud attorney in Chicago known for tough, aggressive defense. A former felony prosecutor, Attorney Weisberg has extensive experience in handling all types of criminal cases, from sex offenses and violent crimes to theft-related crimes and traffic violations. To contact Mr. Weisberg, visit / or call his cell phone 24/7 at (773) 908-9811 or Text LAWYER to 25827 for prompt call back. The consultation is free.