Darryl A. GoldbergChicago Criminal Defense Lawyer | Cook County Federal and State Crimes Attorney | Illinois Drug Crime Law Firm2024-03-22T20:57:08Zhttps://3571850.findlaw6.flsitebuilder.com/feed/atom/WordPress/wp-content/uploads/sites/1602988/2020/10/cropped-apple-touch-icon-32x32.pngOn Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482282024-03-22T20:57:08Z2024-03-22T20:57:08ZDOJ Announces AI-focused Initiatives
In a recent speech, Department of Justice Deputy Attorney General Lisa Monaco announced an artificial intelligence (“AI”) initiative that will see the government seek stricter sentences for crimes perpetuated by individuals using artificial intelligence tools. Recognizing the potential dangers and risks in our ever-changing world and how AI could shape its future, she also announced the creation of Justice AI, an initiative that will convene individuals from various areas of expertise and experience on the subject to “understand and prepare for how AI will affect [DOJ’s] mission and how to ensure we accelerate AI’s potential for good while guarding against its risks.” She also mentioned the new Emerging Technology Board, headed by the DOJ’s first chief AI officer, which will advise the DOJ on the potential “responsible and ethical” use of AI by the department in investigating and prosecuting crimes, noting that they already use artificial intelligence to assist the government in various ways, such as tracing the source of drugs and synthesizing large amounts of information it gathers.
Law Enforcement Across Country Already Using AI as an Investigatory Tool
Earlier this year, the United States Senate conducted a hearing after 18 Democratic senators raised concerns about the DOJ’s use of artificial intelligence in their investigations. “We are deeply concerned that facial recognition technology may reinforce racial bias in our criminal justice system and contribute to arrests based on faulty evidence,” the senators, led by Raphael Warnock of Georgia, wrote in a separate letter to Attorney General Merrick Garland. However, at the hearing, Miami assistant police chief Armando Aguilar, boasted that his department’s use of AI has helped his city become “safer today than in any other time in our history.” Touting the assistance AI provides officers, he mentioned that it is already used for facial recognition technology, scanning/reading license plates, monitoring potential threats on social media and using ballistic evidence to “connect the shots” between shootings. Aguilar also cited a recent study that said detectives have a 66% greater chance of finding suspects in violent crimes when utilizing AI technology. However, as we have previously discussed, there are also instances of new emerging technology being used by law enforcement to wrongly accuse certain individuals, leading to their temporary arrest that can have far reaching consequences. Anyone implicated through an investigation utilizing artificial intelligence tools should hire an experienced attorney who can review both the legitimacy of any findings and the legality of their use by law enforcement as investigations evolve to fit the current landscape.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482272024-03-18T14:19:37Z2024-03-18T14:19:37ZTipsters Could Receive Payment for Reporting Criminal Misconduct on Corporations
The Department of Justice (DOJ) announced a pilot program to launch later this year that would see non-culpable whistleblowers receive monetary payments in exchange for information of corporate malfeasance. The program was revealed recently by Deputy Attorney General Lisa Monaco at a legal conference. While there are already avenues for whistleblowers to report to other federal agencies already in place, Monaco stated that the existing programs “are limited in scope,” and “don’t address the full range of corporate and financial misconduct that the department prosecutes.” The program will appear to concentrate on certain areas of the law that could be broken, with the DOJ focusing on violations of the Foreign Corrupt Practices Act (FCPA) which criminalizes foreign officials who accept bribes or those who pay bribes to assist in obtaining or retaining foreign business.
Lawyers Already Lining Up Clients for Programs Implementation
Shortly after the announcement, which is being built over the next 90 days with the aim to take effect later this year, attorneys are already preparing for its implementation, both those who represent potential whistleblowers and those who represent companies. Still, some are worried that the announcement alone will induce a flurry of potential whistleblowers to come forward, even before the outlines of the program are announced, implemented, and understood by clients and lawyers alike. Jacklyn DeMar, president of whistleblower nonprofit, The Anti-Fraud Coalition said “the point is for people to come forward timely and report fraud. You would hope that DOJ would recognize that” and “wouldn’t then punish whistleblowers from coming forward early.” It remains unclear what procedural safeguards, or even what level of compensation there will be for whistleblowers or where the money will ultimately derive from. Typically, when the government provides financial incentives for exposing crime, people take advantage. It is anticipated that this will result in more corporate prosecutions, or at a minimum the prosecution of more white-collar crime and additional civil disgorgement actions.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482252024-03-11T14:41:45Z2024-03-11T14:41:45ZProsecutors Dismisses Charges Against Three Men Accused of Stealing Hand Written Notes Containing Hotel California Lyrics
Earlier this week, prosecutors abruptly dismissed a case, in the middle of trial, against three men accused of stealing the hand written notes of Eagles co-founder Don Henley that contained the original lyrics for popular songs such as “Hotel California” and others by the band. On trial were three, well-established figures in the collectibles world, who had come into possession of the notes after Henley give them to a writer from a never published Eagles biography, who later sold them to one of the defendants, who sold it to the others, before they began to sell pages at auction. Don Henley refutes that he ever gave permission, but the charges were dropped in the case after he waived some attorney-client privileged communications which reveled in the delayed disclosures, communication between Henley’s lawyers and a private investigator that spoke about initially characterizing the notes disappearance as a “burglary” because they believed it would help bring criminal charges. In dismissing the case, Judge Curtis Farber said that witnesses and their lawyers used attorney-client privilege "to obfuscate and hide information that they believed would be damaging" and that the prosecution “were apparently manipulated.” One of the defense attorneys believed prosecutors “got blinded by the fame and fortune of a celebrity” in bringing charges. This case highlights both the need for prosecutorial discretion in bringing charges against individuals that are based solely on credibility determinations, but also the necessity of anyone accused of a he-said, she-said crime, of having strong defense attorneys to protect their clients against individuals who can manipulate prosecutors and the criminal justice system into bringing false charges.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482242024-03-08T15:58:00Z2024-03-08T15:58:00ZRetired Veteran Accused of Leaking Sensitive Information to Ukrainian Woman
A retired Army Lieutenant Colonel, David Franklin Slater, 63, was recently arrested and is accused of leaking highly sensitive information to a purportedly Ukrainian woman he had met online and conversed with via an unnamed dating site. Slater had a Top-Secret Security clearance while he was employed as a civilian Air Force employee assigned to United States Strategic Command (USSTRATCOM), the U.S. military combatant command responsible for nuclear deterrence and nuclear command and control headquartered at Offutt Air Force Base in Nebraska. He is accused of communicating with an unnamed person claiming to be a woman living in Ukraine and sent the individual secret Pentagon documents about the current war between Russia and Ukraine and other highly sensitive information. “Dear, what is shown on the screens in the special room?? It is very interesting,” read one March 2022 message to Slater. Another message a month later read, “My sweet Dave, thanks for the valuable information, it's great that two officials from the USA are going to Kyiv.”
Massachusetts Air National Guardsman Pleads Guilty to Disseminating Classified Materials Via Discord
Slater is not the only service member accused of leaking classified materials, as it was recently announced that Jack Teixeira pled guilty to six counts of violating the Espionage Act and prosecutors will seek a 200-month sentence in his case. The 22-year-old was part of the 102nd Intelligence Wing at Otis Air National Guard Base in Massachusetts and worked as a cyber transport systems specialist, which gave him unauthorized access to classified materials that he then leaked in an obscure chat room on social media platform Discord, apparently solely as a way to try and impress others online about his access to restricted information. The leaks, which were highly embarrassing to the government at the time, exposed glaring weaknesses in how the Pentagon protects sensitive information and raised questions about how a low-level employee who prosecutors say had a trove of weapons and history of violent rhetoric, along with several unofficial reprimands concerning his behavior around classified materials, could pass the vetting process and obtain security clearances. “This guilty plea brings accountability, and it brings a measure of closure to a chapter that created profound harms for our nation’s security,” said Matt Olsen, the assistant attorney general for national security at the Department of Justice. But questions will remain about how the government will protect more sensitive information from leaking in the future.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482232024-03-06T22:39:14Z2024-03-06T22:39:14ZFederal Government Seeks to Extend Authorization of Warrantless Surveillance
The Biden Administration announced that it would seek will ask a court to renew the certification necessary to conduct surveillance authorized by a controversial surveillance program, set to expire in April, referred to colloquially as Section 702, a Justice Department (DOJ) official said. Section 702 of the Foreign Intelligence Surveillance Act (FISA) is a provision that was added in 2008 that authorizes the U.S. government to target non-U.S. persons reasonably believed to be outside the United States to acquire “foreign intelligence information.” This includes the interception of electronic communications, such as emails, texts, and phone calls, without obtaining a traditional warrant as long as the purported primary purpose is to gather foreign intelligence. While Congress must ultimately reauthorize the program, the DOJ is asking the court to allow a temporary extension to ensure that there is no gap in the coverage of the “indispensable national security tool” as characterized by Assistant Attorney General for National Security Matthew Olsen.
Some Organizations Oppose Section 702 Renewal
Pointing to the federal government’s history of abusing its surveillance authority, organizations such as the A.C.L.U. have opposed the renewal of Section 702 and urge Congress to either allow the authorization to expire or refine the sweeping power it gives law enforcement. Critics point out that while the investigatory tool is meant to target non-citizens of the United States, there is nothing in the authorization to stop law enforcement from collecting the private communications of United States citizens and residents who are communicating with targeted foreign persons. Last year it was revealed that the F.B.I. used the authority granted to it under Section 702 to improperly spy on a United States Senator, a state senator, and a state-level judge, in addition to over 278,000 instances of the F.B.I. abusing its surveillance power from 2020 through early 2021. Generally, prosecutors can then use that information that was collected without a warrant to charge United States citizens and residents, even for crimes that have nothing to do with national security or may have been obtained through an abuse of the surveillance powers. It is important that anyone charged with a crime in which surveillance of personal records and devices played a key role in the investigation hire experienced criminal defense attorneys who know the authorized limitations of their use and can seek to suppress any illegally obtained evidence when appropriate.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482222024-03-05T22:07:35Z2024-03-05T22:07:35ZUS Supreme Court to Review Potential Limits of Statute
A case pending before the Supreme Court, Snyder v. United States, is set for oral arguments on April 14, 2024, with a ruling expected in the following months which could impact how and when the federal government prosecutes individuals under what is titled Theft or Bribery Concerning Programs Receiving Federal Funds or section 666 of Title 18 of the United States Code. At issue is whether the statute encompasses conduct other than a “quid-pro-quo” for an official act from a public official. In other words, does an after-the-fact reward that comes after a favorable action has been taken by the public official amount to criminal conduct covered by the statute. In that case, the now former mayor of Portage, Indiana was convicted of violating the federal bribery statute when he was paid $13,000 by Great Lakes Peterbilt for consulting fees after the city awarded a contract to the business, but crucially he was paid for his services after bidding was complete on the government contract. Thus, Snyder argues, because there was not a quid pro quo arrangement in place at the time, he did not violate the statute.
Sentencing Delayed Until Supreme Court Ruling
Four individuals in Chicago convicted in what has been referred to as the ComEd bribery scandal had their sentencing postponed while the United States Supreme Court weighs the limits of the federal statute concerning gratuities and bribery, which could impact the individuals’ respective convictions. In delaying their respective sentencings, United States District Judge Harry Leinenweber quoted from the prosecutions opening statements at the trial, noting the government argued that the defendants’ “sought to reward [former Illinois House Speaker Mike Madigan] for past beneficial conduct to Commonwealth Edison.” Obviously, should the Supreme Court rule in favor of the defense in the Snyder case, the convictions of these four could be affected. Former Speaker Madigan’s pending trial was delayed earlier this year for the same reason. Anyone facing corruption charges or who is the subject of an investigation should make sure they have experienced attorneys who are aware of and monitoring the current legal challenges percolating in the courts and are capable of effectively implementing them into your defense strategy.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482212024-02-26T18:41:15Z2024-02-26T18:41:15ZConvicted Bank Robber Arrested for Valentine’s Day Robbery
Donald "Doc" Bennett, an 83-year-old convicted felon who served more than thirty years in prison for a string of robberies in the 1980s, was arrested by the F.B.I. in connection with a recent series of robberies in the Chicagoland area. Bennet was arrested, along with his alleged accomplice Edward Binert, after the two are accused of robbing a Chase bank in Hickory Hills, Illinois on Valentine's Day and taking around $7,000 from the financial institution. Binert apparently admitted to the robbery after his arrest, stating that he had met the now-octogenarian while the two were in a prison in Michigan. The F.B.I. believes that Bennet, who was released from prison in 2020, is connected to seven other bank robberies in the Chicagoland area since June, with one robbery in Oak Lawn netting that criminal over $30,000.
Elderly Suspects Present Unique Challenges in the Criminal Justice System
Elderly criminal defendants often present unique issues to courts and many lawyers have little experience or struggle to adequately represent this demographic of clients. Studies suggest that elderly people commit less crime, but there are always exceptions. The Law Offices of Darryl A. Goldberg have represented many elderly clients, often in high profile cases, and are well aware of the challenges these cases can present, but also the opportunities to ethically mount an aggressive defense at every stage of a criminal case form investigation through trial or at sentencing. Perhaps most notably, attorney Goldberg represented Leo Sharp who was sentenced at 90-years-old in a massive drug conspiracy prosecution in Detroit, Michigan and thought to be the oldest federal criminal defendant in United States history. Mr. Sharp was portrayed by Clint Eastwood in the fictionalized Hollywood movie, The Mule. In addition, Mr. Goldberg has also represented many other elderly defendants in various matters, such as drug case, bank-robberies, and recently a great-grandmother who ran over an killed a pedestrian while driving. It is important that the elderly are represented by attorneys who are well versed in legal developments that affect them, such as the First Step Act that allows federal courts to reduce sentences and provide so-called compassionate release, as well as the practical realities the effect the elderly present in jails and prisons. The right attorney can best advocate for the most lenient sentences or charging considerations. Many institutions such as the Bureau of Prisons struggle to provide adequate care for these individuals with issues affecting staffing, infrastructure, access to medical services, and increasing cost to the taxpayers. Unfortunately, a serious criminal case could mean a death sentence for an elderly person accused of crime and its crucial to choose the right advocate.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482202024-02-19T20:13:15Z2024-02-19T20:13:15ZProposed Rule to Curb Money Laundering Through Real Estate
As we have previously discussed, the United States Treasury Department has recently implemented or proposed new rules to crack down on money laundering through corporate ownership interest and is now seeking to provide more information to law enforcement through the implementation of new rules related to real estate transactions. The proposed rule would require businesses engaged in real estate transactions and transfers to flag and report any entirely cash residential purchases made to an entity or trust. Experts point out that there is currently no rule that requires reporting to the government when individuals use illicitly gained funds to purchase property through legal entities or trusts, which Treasury Secretary Janet Yellen estimates lead to approximately $2.3 billion of real estate transactions between 2015 and 2020 being connected to money laundering in the United States. If the new rule were to go into effect, the United States government will have another tool at their disposal to investigate and prosecute those engaging in cash transactions, regardless of the actual source of said funds.
Hard Currency Still Preferred Method of Money Laundering in United States
As detailed in three separate reports from the United States Treasury Department, criminals and criminal organizations are far more likely to use cash to launder their money than use emerging technologies such as cryptocurrency. While cryptocurrency is used in cases, such as those involving ransomware, scams, drug trafficking, human trafficking, and other illicit activities as acknowledged in the reports, the government has certain safeguards and reporting obligations on cryptocurrency exchanges and service providers which can be used to track and fine nefarious groups using those investigative tools. The widespread acceptance of United States cash by businesses and people around the world, as opposed to other forms of currency, ensures that it will remain the preferred method of money laundering for those engaging in illicit activities, and thus the focus of law enforcement for the foreseeable future.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482192024-02-09T18:28:05Z2024-02-09T18:28:05ZMichigan Mother Convicted of Manslaughter
A Michigan mother was convicted of manslaughter due to her son, Ethan Crumbley, shooting and killing four classmates in a 2021 school shooting when he was 15 years old. Jennifer Crumbley and her husband James, who has a separate trial scheduled in March, are believed to be the first parents to be charged with manslaughter in connection to a mass shooting committed by their child, as prosecutors grapple with increasing levels of school and mass shootings across the country. Prosecutors say she and her husband had a duty to stop her son from harming others, alleging that the mother should have known her son was a risk to others and is thus criminally liable for his conduct. On the day of the shooting, the school and the parents had had a meeting after discovering a violent drawing, but her son was allowed to return to class where he pulled a handgun from his backpack and shot 10 other students and a teacher. His father had recently purchased the firearm and his mother had taken her son to the gun range to educate him on how to use the gun the weekend before the mass shooting took place. Although the mother claimed she did not know her son was a danger or that he had stolen the gun, prosecutors pointed to a journal recovered by law enforcement where the teenager wrote, ““I have zero help for my mental problems and it’s causing me to shoot up the ... school” and texts about hearing voices from the teenager to his mother’s cellphone. Although prosecutors were given a gag order by the judge, one of the parents of a victim said to reporters after the verdict, “The cries have been heard, and I feel this verdict is gonna echo throughout every household in the country.”
Highland Park Shooter’s Father Pleads Guilty for Role in Helping Son Obtain Gun
Just last year, the father of suspected gunman Robert Crimo III, Robert Crimo Jr., was sentenced to 60 days in jail in Lake County as part of a plea deal for assisting his son in obtaining a Firearms Owner Identification Card (by sponsoring him when underage) and the firearms alleged to have been used in a July 4th parade mass shooting in Highland Park that shook the country by sponsoring the purchase of the AR-15 used in the shooting. His son has pled not guilty and a trial date has been set for February 26, 2024. The father filled out the consent form that eventually allowed his son to buy the AR-15 style weapon that was allegedly used in the shooting because under Illinois law his son was too young to apply for his own gun license. Prosecutors have previously said that Mr. Crimo knew that his son had previously threatened himself and others when he sponsored his son for the gun application, which enabled the alleged mass shooting to take place. “There have been very few parents who have been held responsible for their children — that era has come to an end,” Lake County State’s Attorney Eric Rinehart said after the sentence was handed down. It is anticipated that other prosecutors across the United States will follow these examples and seek to prosecute parents of other mass shooters and teenagers who misuse firearms.]]>On Behalf of Darryl A. Goldberghttps://3571850.findlaw6.flsitebuilder.com/?p=482182024-01-31T22:17:05Z2024-01-31T22:17:05ZRapper Accused of Killing Run-DMC Member Jam Master Jay Will Not Have Rap Lyrics Read at Trial
A federal judge in New York City ruled earlier this week that rap lyrics performed by Karl Jordan Jr, aka “Yadi” or “Young Yadi,” will not be admissible at his trial because they lack a “factual nexus” between the content of the lyrics and the accused conduct. The rapper is accused of conspiring to kill Jason “Jay” Mizell, or Jam Master Jay of the rap group Run-DMC, in 2002 with Ronald Washington over a dispute about a drug deal, shooting Jam Master Jay in the back of the head in a Queens recording studio. Prosecutors sought to introduce lyrics performed by the defendant by arguing that there was a direct correlation between the lyrics and the accused conduct, including lyrics in a song called “Aim for the Head” which include the line, “I aim for the head, I ain’t no body shooter.” However, United States District Judge LeShann DeArcy Hall pointed out that “Some of the themes of violence and criminality have become so prevalent within the genre that they have little, if any, probative value at trial” in her order and that there were possible first amendment issues at stake for artists who should be free to express themselves freely without fear that they will be used against them in legal proceedings. She referenced several famous artists and rappers who espouse certain conduct, while publicly distancing themselves from the conduct in their personal life, like the artist Future is publicly sober but continues to portray himself as a drug user in his music.
Inconsistency Across Country in Admission of Rap Lyrics
This case is not the first criminal proceeding to put rap or music lyrics at issue and draw public attention. Recently, the high-profile prosecution of the rapper “Young Thug” drew national attention after the judge found that his rap lyrics could “conditionally” be used as evidence at his trial where he is accused of RICO violations for his alleged ties to an Atlanta-based gang. A recent book co-authored by Professor Andrea Dennis found that there are at least 500 documented cases across the United States where rap lyrics have been admitted into evidence in a criminal trial, and studies have shown that there is a potential for bias in criminal proceedings when hypothetical jurors were shown violent rap lyrics by a purported defendant. Still, prosecutors and law enforcement defend their use at trials, including the prosecutor in Young Thug’s case who stated in a press conference, “I think if you decide to admit your crimes over a beat, I’m going to use it.” Contradictory rulings such as these highlighted cases are proof that there is no consistent standard for the admission of rap lyrics, and any artist who finds themselves having to defend against their art being used against them in a criminal trial needs to ensure they have experienced attorneys who can convince a judge to keep the lyrics of the courtroom. This isn’t just limited to rap lyrics; this also includes depictions of staged violence in rap music videos that prosecutors are attempting to use at various stages of criminal case proceedings such as a bond or detention hearing, trial, or sentencing.]]>