Evanston, IL
Appeals Lawyer at Evanston, IL
Practice Areas: Appeals, Criminal Defense, Federal Crime
OUTCOME: Defendant convicted of filing a fraudulent claim for veterans benefits, with court-determined guideline range of 27-33 months sentenced to 3 months incareration following contested sentencing hearing.
Federal prosecution for veterans benefits fraud.
OUTCOME: Denial of benefits reversed by appellate court and remanded for hearing on the merits.
Appeal to the Illinois Appellate Court in administrative review proceedings. Plaintiff, a county sheriff's police officer, sought supplemental disability benefits for a service-connected injury. Count ... y pension fund denied his application, holding that additional benefits for increased disability were foreclosed by the settlement of plaintiff's mandatory worker's compensation claim. The appellate court rejected the Fund's legal position and ordered that plaintiff's application be considered on the merits.
OUTCOME: Prosecutor persuaded to dismiss attempted murder case
Defendant prosecuted for attempted murder. Defense investigation uncovered strong evidence of self-defense. Prosecutor agreed to dismiss all charges. Michael J. Falconer and Joshua Sachs represented th ... e defendant.
OUTCOME: Appellate Court found forfeiture notice constitutionally inadequate and remanded to give defendant an opportunity to challenge the forfeiture.
State initiated administrative forfeiture proceedings against defendant's property. Notice of Forfeiture Proceedings was mailed to defendant at his last known address in California although State knew ... that defendant was required by the conditions of his bond release to remain in Illinois
OUTCOME: Federal fraud defendant sentenced at less than 20% of guideline range as proposed by Government and PSR.
Federal mortgage fraud case, defendant subject to guideline level sentence of 188-235 months according to Government and PSR recommendations. After contested sentencing briefing and hearings, court se ... ntenced defendant to 36 months. Joshua Sachs and Eugene O'Malley together represented the defendant.
OUTCOME: Favorable decision in commercial contract case upheld on appeal
Successfully protected guarantor in commercial contract case from attempt at enforcement by a successor guarantee.
OUTCOME: Resentencing ordered on appeal in federal drug case
Federal sentence in drug distribution conspiracy vacated by court of appeals and remanded for resentencing.
OUTCOME: Resentencing ordered by United States Supreme Court
United States Supreme Court granted petition for writ of certiorari, vacated judgment of US Court of Appeals, Seventh Circuit, and remanded for further proceedings on case involving ex post facto appli ... cation of federal sentencing guidelines. On remand, the court of appeals vacated the sentence and remanded to the district court for resentencing.
OUTCOME: Denial of sanctions upheld on appeal.
Successfully defended a civil attorney and civil plaintiff before the Illinois Appellate Court. Civil defendant appealed the trial court's denial of sanctions for asserted frivolous litigation and dis ... covery violations. Appellate court upheld the trial court's denial of sanctions
OUTCOME: DUI conviction reversed on appeal
DUI conviction reversed by Illinois appellate court for unauthorized prosecution. Opinion modified on denial of rehearing, January 14, 2013.
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