White Collar Crime-Client Sentencing Exposure: Continuing Financial Crimes Enterprise-Class 1 Felony-4-15 Years IDOC Misappropriation of Financial Institution Property-Class 2 Felony 3-7 Years IDOC Theft-Class 2 Felony-3-7 Years IDOC Forgery-Class 3 Felony-2-5 Years IDOC Result: NO JAIL TIME-24 Months Probation, $50,000.00 Restitution

Our client was accused of stealing nearly $100,000.00 from her employer over the course of 4 years.  An internal audit at the company revealed multiple inconsistencies in various accountings which showed a significant amount of money missing.  Further investigation revealed evidence that suggested our client falsified invoices that resulted in money being diverted to her instead of the employer.  As a result, the company terminated our client’s employment and referred the matter to the Chicago Police Department.

Fearful of the potential charges and knowing she needed an experienced criminal defense attorney who was versed in complex financial crimes, client immediately contacted and retained Wigell Criminal Defense to represent her.

The first step Wigell Criminal Defense took to protect the client during the investigation phase was to provide her with what is called an assertion of rights letter.  An assertion of rights letter is a document that the client provides the police or investigating law enforcement agency who wish to question her regarding her involvement in a crime.  The document puts the police on notice that the client is invoking her 5th amendment right to remain silent and her 6th amendment right to refuse police questioning without an attorney present.  The assertion of rights essentially acts a shield that puts the attorneys of Wigell Criminal Defense between the client and law enforcement.

After several months of investigation, the police charged the client with multiple financial crimes that carried significant penitentiary time.  The sentencing structure of these crimes is follows:

  • Continuing Financial Crimes Enterprise is a Class 1 felony.

o    A Class 1 felony is punishable from 4-15 years in the penitentiary.

o   Restitution also is typically a component of a conviction

  •  Misappropriation of Financial Institution Property is a Class 2 Felony

o   A Class 2 felony is punishable from 3-7 Years in the penitentiary

  • Theft is a Class 2 Felony

o   A Class 2 felony is punishable from 3-7 Years in the penitentiary

  • Forgery is a Class 3 Felony

o   A Class 3 felony is punishable from 2-5 Years in the penitentiary

None of this was the sentence our client received.

After conducting a meticulous & detailed review of the complex financial discovery in this matter, Wigell Criminal Defense determined that there were some weaknesses in the case but the strengths of the case outweighed the weaknesses.  After making this determination, the prosecutor approached the attorneys of WCD and made an initial offer of felony probation and an amount of restitution equivalent to the amount which was allegedly to have been taken by the client.

After consulting with the client, the attorneys at Wigell Criminal Defense continued in meaningful negotiations with the prosecutor in an attempt to obtain the best possible outcome for the client.  After further negotiations, the prosecutor reduced the amount of restitution to nearly half of the alleged amount taken.  The client was happy with the result which ultimately kept her out of prison and required an amount of restitution that she was able to afford.

Ratings and Reviews

10.0Raymond G. Wigell
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