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Illinois White Collar Crime Questions & Answers
1 Answer | Asked in Criminal Law, Banking, Libel & Slander and White Collar Crime for Illinois on
Q: How can I vacate a plea representing myself?
T. Augustus Claus
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answered on Jul 4, 2023

The motion to vacate the plea would need to demonstrate a valid legal basis, such as new evidence, ineffective assistance of counsel, or a violation of your constitutional rights.

1 Answer | Asked in Criminal Law and White Collar Crime for Illinois on
Q: I was arrested on a forgery warrant. The cops told me i could take my cell phone with me so I could use it to contact

Family about bail. At jail, they refused to let me use it an then stated that were seizing it for evidence. They did not have a search warrant for phone and did not provide me a receipt of the seizure. Is that legal?

Juan Ooink
Juan Ooink
answered on Feb 16, 2021

It all depends on the case. This is something you need to discuss with your attorney. If you have not hired an attorney yet, you need to do so right away.

1 Answer | Asked in Criminal Law and White Collar Crime for Illinois on
Q: Can text messages used before an arrest happened, be used in the courtroom? How cN they prove that the defendant sent?
Juan Ooink
Juan Ooink
answered on Feb 16, 2021

It all depends on the messages and the case. This is something you should be discussing with your attorney. If you have not hired an attorney yet, you should do so right away.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and White Collar Crime for Illinois on
Q: How to get phone records as evidence in a child neglect case

My grandson's father's parents are claiming neglect against my daughter and their son DCFS is involved & I am trying to collect evidence to prove that they have lied and manipulated my daughter & DCFS into not only investigating the accusations but not notifying my daughter or... View More

William Wolf
William Wolf
answered on Jun 24, 2019

These are questions to address with your daughter's lawyer. Ask to make an office appointment with that person, and then make that appointment.

I have seen too many cases where well meaning parents start playing the role of defense investigator for their child. These people are all...
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1 Answer | Asked in White Collar Crime for Illinois on
Q: Who would I report it to if I believe the stock brokerage company at which I'm a client is performing insider trading?

I don't want to go to jail for something my broker did.

William Wolf
William Wolf
answered on Dec 25, 2018

You should retain a lawyer immediately with federal criminal defense experience to help you out throughout an investigation.

1 Answer | Asked in White Collar Crime for Illinois on
Q: Do I have an obligation to disclose company wrongdoing like embezzlement if I'm aware of it happening? I don't want to

be fired since I need this job.

William Wolf
William Wolf
answered on Dec 25, 2018

There's not enough information to answer your question.

You need to see a lawyer with federal criminal experience who knows something about whistleblower protection laws.

Good luck.

1 Answer | Asked in White Collar Crime for Illinois on
Q: need pro bono attorney for mortgage fraud case
William Wolf
William Wolf
answered on Dec 25, 2018

There is a lot of information that's not here that makes this more difficult to answer.

You don't indicate whether this is a State prosecution or a federal one. Both have jurisdiction to prosecute.

If it's a State prosecution, and you're charged, and you...
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1 Answer | Asked in White Collar Crime for Illinois on
Q: Does the term white collar crime relate to the offender's socio-economic status or just the status of the person they

defrauded?

William Wolf
William Wolf
answered on Nov 18, 2018

White collar crime refers to a type of crime. It's typically corporate.

There's a wikipedia entry on the subject.

https://en.wikipedia.org/wiki/White-collar_crime

1 Answer | Asked in White Collar Crime for Illinois on
Q: If a person embezzled from us, are we entitled to the entire sum back?
William Wolf
William Wolf
answered on Oct 19, 2018

This is something you need to bring up with the prosecutor who is prosecuting this person for the embezzlement.

Courts have the authority to order restitution, ordering a defendant who is convicted to compensate the person or persons he or she stole from.

I hope this helps.

1 Answer | Asked in White Collar Crime for Illinois on
Q: We think my mother was charged too much for supplies under medicare - what's the next step?
T. J. Jesky
T. J. Jesky
answered on Oct 2, 2018

You can report suspected Medicare fraud by calling:

1-800-MEDICARE (1-800-633-4227).

Report it online to the Office of the Inspector General.

Call the Office of the Inspector General at (1‑800‑447‑8477).

Before you report the fraud, you should have the...
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1 Answer | Asked in White Collar Crime for Illinois on
Q: Want to get a loan with property as collateral - that's okay right if I don't live there?
T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

As long as you are the owner of the property, even if you don't live in property, it can be used as collateral. This is done frequently. However, if you don't own the property and you use it as collateral, this would be considered fraud.

1 Answer | Asked in White Collar Crime for Illinois on
Q: What is the best way to transfer our corporate bank account into another

so we don't violate any rules - do we have to file anything with the IRS?

T. J. Jesky
T. J. Jesky
answered on Sep 8, 2018

To best answer your question, I would need more information. For example, are you just transferring your corporate bank account to another bank. A corporation has its own unique EIN number with the IRS. This number identifies the corporation. Just because the corporation changes bank accounts,... View More

1 Answer | Asked in Child Support, Gov & Administrative Law and White Collar Crime for Illinois on
Q: I believe with the right person helping me we could win this case just like I know some people who have already won a

Similar case, if I have to try and repasent my self so be it I know it starts with a petition to terminate support I just need a good hearted strong lawyer

Ray Choudhry
Ray Choudhry
answered on Oct 2, 2017

If somebody already won a similar case, try to track the lawyer who won it.

1 Answer | Asked in Child Support, Federal Crimes and White Collar Crime for Illinois on
Q: I did sign a voluntary parent agreement but on my defense I was lied too when I signed it I was told that it was ..

Just Hospital forms to release the baby too go home not understanding what the forms meant because this was my first dealings with a baby or those type of hospital forms plus I say again the mother gave all fake information on the birth certificate her name birthday Every thing

Ray Choudhry
Ray Choudhry
answered on Oct 2, 2017

If you signed it, you are 99% out of luck.

1 Answer | Asked in Child Custody, Child Support, Federal Crimes and White Collar Crime for Illinois on
Q: Yes It was Court order the story is I was dating this Woman

Put on the birth certificate and she put a wrong birthday 1984 but she was really born in 87,88,or 89,90 but not 1984 or her real name. I guess she lives with her grandmother now she is the one who put me on child support now the real questions are can I have her charged with fraud and Sue the... View More

Ray Choudhry
Ray Choudhry
answered on Oct 2, 2017

If it was court ordered, then why didn't you attack your parentage then.

You haven't said if you signed a VAP (Voluntary Acknowledgment of Parentage).

1 Answer | Asked in White Collar Crime for Illinois on
Q: Under what circumstances do corporate accounting errors rise to the level of criminal activity?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 7, 2017

Mistakes happen - it's the cover up that becomes the crime. Depending on the nature of the error, it's always better to correct immediately. If there is a reporting requirement (shareholders, SEC, etc.), then don't hesitate. There may ( or may not) be a civil/administrative fine... View More

1 Answer | Asked in White Collar Crime for Illinois on
Q: Can someone be criminally charged for knowingly writing bad checks to a business?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

Most states have a "bogus check" or "hot check" charge - it's no different than a type of fraud. If you have any checks that bounce, it's better to be on the front end of it and pay it off immediately. The court costs, conviction and restitution is not worth "hanging paper."

1 Answer | Asked in White Collar Crime for Illinois on
Q: What should you do if it seems like a medical office is overbilling an insurance company for routine services?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 3, 2017

You should notify your insurance company of your concerns. You may want to contact the state medical board or insurance board, but I would start with your insurance carrier.

1 Answer | Asked in White Collar Crime for Illinois on
Q: If my company's accountant was committing fraud, does that open me up to being charged as well since I'm the owner (even

if I didn't know about it)?

Steve McCann
Steve McCann
answered on Feb 2, 2017

It depends on the specific circumstances. Although you are unlikely to be liable for fraud if you did not know the representations/statements were false, you may be liable for negligence if you failed to exercise reasonable care to ascertain the truth of the representations/statements. Simply... View More

1 Answer | Asked in White Collar Crime for Illinois on
Q: If a case of fraud also has a federal element, does it get tried twice (once in state court and once in federal)?
Steve McCann
Steve McCann
answered on Jan 16, 2017

The answer to your question depends on very specific facts that are not provided here, and it is often times a strategic decision. Fraud cases are extremely technical and complex, and have heightened pleading standards. As such, you should certainly be represented by an attorney prior to filing,... View More

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