January 10, 2015 | otmseo

Army Sexual Harassment – What is it?

What is Army Sexual Harassment?  With all of the recent news concerning sexual harassment this article will help you understand what the Army Sexual Harassment Policy prohibits. Army Regulation 600-20, Chapter 7-4, Prevention of Sexual Harassment defines sexual harassment is defined as: Sexual harassment is a form of gender discrimination that involves unwelcomed sexual advances, […]

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October 20, 2014 | otmseo

Court Orders Re-sentencing for 15-year-old

Chicago, Illinois A fifteen year old was charged and convicted of aggravated criminal sexual assault, rape.  The defendant was tried as an adult and sentenced to 36 years in prison, of which he will have to serve 85%.  The Illinois Court of Appeals reversed, finding that the defendant’s confession was wrongly admitted, and that the […]

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August 5, 2014 | otmseo

The Fourth Amendment’s Sliding Scale Protection

Chicago – On a Sunday night in Chicago around Armitage and Kildare and Wabansia and Karlov the Chicago Police received numerous 911 calls reporting gunshots in the area. The callers reported to 911 hearing between 5 and 9 shots and based on additional 911 calls that the shots were fired from a black car traveling […]

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May 10, 2014 | otmseo

Illinois Sentencing Serving 85%

 Chicago – Many client and their families want to know if they will have to serve 85% of their sentence to the Illinois Department of Corrections.  Here is the rule from 730 ILCS 5/3-6-3 A prisoner serving a sentence for: attempt to commit terrorism attempt to commit first degree murder solicitation of murder solicitation of […]

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May 10, 2014 | otmseo

Court allows anonymous tip to justify stop – Denies Motion to Suppress Evidence

Chicago – The Supreme Court in the case of Narvarette v. California, 188 L.Ed. 2d 680, April 22, 2014, ruled that an anonymous report of a traffic violation justified the stop of a vehicle.  In this case, a five to four opinion, the majority opinion is written by Justice Thomas and the dissent by Justice […]

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April 21, 2014 | otmseo

Illinois Appellate Court Orders DNA Testing

Chicago – the Illinois Court of Appeals reversed and remanded a case in which the Cook County trial judge denied the defendant’s motion for DNA testing. On October 28, 1999, the victim was shot and killed by a male wearing a gray sweatshirt. Later that day the Chicago police found a man sitting on a […]

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March 8, 2014 | otmseo

Remaining Silent Can Be Used Against You

It is common for criminal defense attorneys  in Chicago and elsewhere to advise their clients to remain silent and refuse to make any statements whenever they are being questioned by law enforcement.  But recently, the United States Supreme Court held in Salinas v. Texas, 570 U.S. ____, 133 S.Ct. 2174 (2013), that if a client/witness remains […]

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February 3, 2014 | otmseo

Why I am a False Claims Act Lawyer

Chicago: Every once in a while, I ask myself why am I a False Claims Act lawyer.  False Claims Act cases are difficult to win, partly because the government only intervenes in a small percentage of the qui tam cases filed, leaving the majority of cases to be litigated by the whistleblower and his or […]

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January 29, 2014 | otmseo

Probation and Supervised Release Revocation Hearings and Hearsay

Chicago – the Seventh Circuit Court of Appeals Addresses Probation and Supervised Release Revocation Hearings and Hearsay Defendant Keith D. Jordan, United States v. Jordan, (No. 13-1488 January 28, 2014) was sentenced to federal prison, released and began serving his three years of supervised release on June 28, 2011.  The conditions of his supervised release […]

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January 21, 2014 | otmseo

Health Care Fraud Recoveries on the Rise

The United States Government recovered $4.9 billion in fiscal year 2012 and total of almost $39 billion in qui tam and non-qui tam false claims act cases since October 1, 1987.  These recoveries are part of the Government’s focus on eliminating fraud, waste, and abuse and are in part a direct result of the use […]

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