Articles Posted in Criminal Defense

While the fate of medical marijuana licenses in Illinois was questionable amid a new governor taking office, Governor Bruce Rauner made a surprising move and awarded dozens of licenses on Monday. Letters were sent out to 18 cultivation centers and 52 retail shops confirming that they have been selected to receive the licenses. Others who have spent thousands of dollars on the application process were disappointed to find out they were not selected.

Illinois Governor Bruce Rauner conducted an internal review that revealed flaws in the medical marijuana license award process under former Governor Pat Quinn. In a statement made by John Barclay, Rauner’s general counsel, he said that Quinn’s process had created “a risk of substantial and costly litigation” to the state. While Quinn said that applications were subjected to a blind review process, Governor Rauner’s review revealed that state agencies conducted a “character and fitness review” subsequent to the blind scoring.

Still under review are two applications from HealthCentral LLC, an application from strip club owner Perry Mandera, and a company part-owned by Nicholas Vita, a former Goldman Sachs executive who faced lawsuits in other states for opening medical marijuana businesses.

Former West Harvey-Dixmoor Elementary District 147 Superintendent, Alex Boyd Jr., 67, was sentenced to two years probation after pleading guilty to two counts of official misconduct for stealing $78,000. Boyd was originally charged with 20 felony counts of theft and official misconduct. He was accused of stealing approximately $500,000 by making unauthorized purchases and withdrawals from a school district-funded life insurance policy, receiving unauthorized cash to purchase a tax-exempt annuity, and being paid for vacation and sick days that he did not have. Boyd’s defense attorneys contended that his actions were permitted under his contract with the school district. Felony charges were also filed against former board secretary Mable Chapman alleging that she helped Boyd steal from the district. Today, those charges were dropped.

The investigation regarding Boyd’s actions started in 2005, when the Chicago Tribune reported school board members spent $100,000 on travel and restaurants. It was later discovered that the district could not account for or misspent $2.2 million dollars in grant money. The state’s attorney then seized the district’s financial records and searched Boyd’s home.

In Boyd’s final years as superintendent, he was paid a salary of approximately $250,000. He retired in 2011 and was given a $192,000 a year pension, which is the fifth highest pension for a retiring public school teacher or administrator in Illinois.

Authorities announced today that a former McHenry County police officer, Ryszard Kopacz, of Wauconda, faces new felony charges for selling drugs while on duty. Kopacz, 30, was arrested days after beginning his job with the Richmond Police Department. He was charged with official misconduct, burglary, and possession of stolen guns.

When Kopacz was first charged in July, he was accused of going door to door in his police uniform, soliciting prescription drugs from elderly residents. Kopacz was also charged with burglarizing the Hebron Police Department, his previous employer, and possessing two stolen rifles.

As of today, Kopacz can add five additional counts of official misconduct to the list. He is accused of delivering marijuana on four separate occasions, between February and June, to an informant while “acting in his official capacity” as a Hebron police officer. He is also now charged with unlawful acquisition of a controlled substance based on the allegation that he obtained hydrocodone through “misrepresentation, deception or subterfuge.”

A Highland Park doctor faces allegations of issuing a fake medical cannabis eligibility form to a 79-year old patient. According to the Illinois Department of Financial and Professional Regulation, Dr. Joseph Starkman met with the patient for 35 minutes and promised to mail him a certificate for use at an Illinois licensed cannabis dispensary based on a previous glaucoma diagnosis.

Starkman did not perform an eye exam on the patient according to officials and was allegedly paid $250 by the patient for his services. In reality, physician certificate forms are not available yet and Illinois-license physicians are not legally able to certify patients for the purchase of cannabis. No licenses have been issued for growing or dispensing cannabis in Illinois. Starkman faces a possible license revocation, suspension, fine or probation.

Doctor could lose license over fake cannabis eligibility form, www.chicagotribune.com, July 28, 2014

Illinois passed a bill in August legalizing medical marijuana and dispensaries are expected to open in 2015. Illinois will issue permits for 60 dispensaries throughout the state, a relatively low number of permits compared to other states. Aside from heavy competition, strict regulations and high costs are going to make it extremely difficult to survive the application process and enter the market. Applicants must have $400,000 in liquid assets, and upfront costs are expected to run approximately $60,000 including application fees, legal costs and consultants.

The applicant is also required to go through a fingerprint background check, full disclosure of previous bankruptcy, defaults on student loans, child support or alimony, and prior tax returns. Applicants must also submit a plan for all aspects of their business including patient education, security measures, and design.

Want to open a marijuana dispensary in Illinois? It will cost you, www.stltoday.com, May 13, 2014

Democratic Illinois lawmakers are calling for the creation of a task force to pursue decriminalizing and regulating marijuana in the state. The proponents of the task force highlight the burden on the criminal justice system and the high costs of enforcing drug laws.

John Fritchey, Cook County Commissioner, says he will introduce a resolution on May 21st which will ask the General Assembly to create a task force aimed at legalizing the drug in Illinois. The task force would research the issue and eventually propose legislation to regulate the recreational use of marijuana. He notes that the process will take time and changes will not come about in weeks or months.

Starting in 2012, Chicago police have been given authority to issue citations to individuals caught with possession of up to 15 grams of pot. These changes have alleviated some burden on the Cook County jail system but more substantial changes are necessary.

A Cook County judge reversed herself on Monday, dismissing weapons charges against a Chicago man who had been stopped for speeding and informed the officer that he was carrying a loaded pistol in his holster. The defendant possessed a valid FOID card. This decision came after the recent Illinois Supreme Court ruling striking down part of the state’s gun law as unconstitutional (People v. Aguilar).

Judge Ellen Mandeltort had previously denied the defendant’s request to dismiss the unlawful use of a weapon charge last week before the Illinois Supreme Court’s ruling on Thursday, which comes in line with the federal court decision earlier this year. In February, the 7th U.S. Circuit Court of Appeals struck down parts of the state law which made carrying a concealed firearm illegal. The defendant’s motion to reconsider was granted in light of the ruling and Judge Mandeltort agreed that the charge violated the defendant’s Second Amendment rights.

Weapons charges dropped after state high court’s ruling, www.chicagotribune.com, September 16, 2013