Recent Criminal Defense Victories

Legal Highlights of Attorney Michael C. Rosenblat

Chicago Criminal Defense Lawyer Michael Rosenblat wins fourth not guilty verdict in a row.

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February 2023 U.S. v. AW (United States District Court Central District of Illinois) In July 2021, a physician client of Rosenblat Law was arrested without prior notice. He was released after a detention hearing with electronic monitoring. The doctor was charged with Health Care Fraud, Wire Fraud, Conspiracy to Commit Unlawful Dispensing and Distribution of Controlled Substances by Registrant, and False Statement Relating to Health Care Matters. Based on the charges, the physician’s sentencing guideline range would have been around a level 25, including the 3 point reduction for acceptance of responsibility, with a guideline range of 57-71 months. After extensive negotiations with the AUSA, the physician pleaded guilty to False Statement Relating to Health Care Matters with a level 17 and a guideline range of 24-30 months. The AUSA asked the court to sentence the doctor to 30 months in prison. The court sentenced him to 3 months and 6 months of supervised release.

October 2022 Active Duty Navy E-3 tested positive for cocaine. He was sent to Captain’s Mast and administrative separation. Written statement to command resulted in setting aside the NJP and dropping the pending administrative separation.

August 2022 O-5 Navy Commander facing 13 counts of failure to obey a lawful order or regulation, disrespect, and unbecoming an officer, refused Captain’s Mast and was sent to a board of inquiry. Extensive written submissions and presentation of evidence resulted in none of the allegations being supported by sufficient evidence. The commander was retained.

US [and IDFPR] v. Doe (IL) — Provider investigated for self-prescribing opioids. Provider given deferred prosecution. No adverse action by IDFPR.

US v. MA (U.S. District Court, ND IL) — Defendant charged with over $40 million in health care fraud. The government calculated the offense level at 39, 292-365 months. Defendant pleaded guilty without a plea agreement and was sentenced to 144 months, more than 50% below the low end of the guidelines range, and restitution of $43.6 million.

US v. AV (U.S. District Court, ND IL) — Defendant charged with bank fraud of over $550,000. Offense level 22, 63-78 months. Defendant had 47 prior arrests. Sentenced to 26 months.

U.S. v. CC (U.S. District Court, ND IL) – Defendant was charged with conspiracy and health care fraud. The sentencing guidelines range according to the government’s sentencing memorandum called for a 37-46 month sentence. Defendant pleaded guilty and was sentenced to 7 months home confinement, with permission to leave home for work.

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People v. SL (Lake County) — Defendant was charged with embezzling over $100,000 from her employer. Defendant pled guilty and was sentenced to probation.

People v. SS (Cook County) — Defendant was charged with 3 counts of theft totaling over $350,000 in November 2010. Defendant was released on bond and Mr. Rosenblat was able to convince the State to reduce the total theft amount to just $26,400. Defendant pled guilty to theft, in July 2012, was sentenced to probation, and order to make monthly restitution payments.

People v. CC (Cook County) — Defendant was charged with several count of aggravated unlawful use of a weapon. Mr. Rosenblat filed a motion to quash arrest and suppress evidence, asserting that the stop and seizure of CC was in violation of the 4th Amendment. Mr. Rosenblat personally investigated the stop of CC by traveling the route CC traveled before being stopped and reenacting the arrest with his client. At the hearing on the motion to suppress the court found that the police officer was not justified in stopping CC, that the stop of CC violated the 4th Amendment and that the evidence would be suppressed. The State’s Attorney then decided after requesting a continuance to dismiss all charges. The gun that was seized was ordered to be returned to defendant.

People v. AN (DeKalb County) — Defendant was charged in two separated cases with felony theft, credit card fraud, and burglary. Both cases were reduced to misdemeanors.

People v. DD (Cook County) — Defendant was charged with unlawful use of a weapon (UUW) by a felon and possession of cannabis after a traffic stop. While on bond defendant was charged with possession of cannabis with intent to distribute. The court granted defendant’s motion to quash arrest and suppress evidence and the state dismissed all charges relating to the UUW and possession of cannabis case. The second felony case was reduced to a Class B misdemeanor.

People v. EE (Cook County) — Defendant was charged with possession with intent to distribute cannabis after his home was searched by probation officers. Mr. Rosenblat filed a motion to suppress evidence alleging in part that the probation search was beyond the scope of what was constitutionally reasonable. After two days of testimony, the Court granted the motion to suppress evidence and all charges were dismissed. Additionally the State filed a forfeiture action claiming that the thousands of dollars recovered from the home were drug proceeds. Because the court found that the search violated the 4th Amendment the civil forfeiture action was also dismiss and the money was returned to defendant.

People v RS (Henry County and Southern District of New York) — Defendant was charged with Cannabis trafficking for approximately 200 pounds of marijuana. After extensive efforts at mitigation, a non-prosecution agreement was secured from the Department of Justice and defendant was prosecuted by state officials only. Defendant was sentenced to 4 years.

People v. RK (Cook County) — Defendant was charged with possession of child pornography and the Chicago Police issued a press release announcing the arrest of defendant and two others on similar charges. Mr. Rosenblat aggressively defended RK escorted him to the police station on two occasions and filed several motions for discovery and a motion to dismiss. After reviewing the motion to dismiss the state dismissed all charges against RK. RK had a previous felony conviction and served time in prison.

People v. KL (DuPage County) — Defendant was charged with felony driving on a revoked licenses and had been previous convicted of the same. Mr. Rosenblat filed a motion to quash arrest and suppress evidence. Through the course of discovery, evidence was obtained which questioned the truthfulness of the arresting officer. After drafting a letter with supporting exhibits to the State’s Attorney, all charges against KL were dismissed.

People v. EK (Cook County) — Defendant an attorney who was visiting Chicago was charged with battery, he hired Mr. Rosenblat to represent him and was tried and found not guilty.

People v. ES (Cook County) — Defendant was charged with domestic battery, he was represented by Mr. Rosenblat, tried and found not guilty of domestic battery but guilty of reckless conduct and sentenced to supervision. (A defendant cannot be sentenced to supervision, which is not a conviction, if found guilty of domestic battery).

People v. NR (Cook County) — Defendant was charged with Aggravated Battery to a police officer. Specifically, the indictment alleged that Defendant knowingly caused bodily harm to the police officer by dragging the police officer with his vehicle. Mr. Rosenblat represents Defendant who elected a jury trial. The jury returned a verdict of not guilty.

People v. RB (Cook County) — Defendant was charged with a Class 1 non-probationable drug offense. Mr. Rosenblat filed a motion to quash the arrest and suppress evidence. On the day set for hearing on the motion the state agreed to reduce the charge to a Class 4, and Defendant agreed to plead guilty to the class 4 and serve 61 days in jail.

People v. GM (Cook County) — Defendant was charged with DUI. On the day this matter was set for trial, the state dismissed the DUI charge.

People v. SM (Cook County) — Defendant was charged with DUI. Mr. Rosenblat filed a petition to quash the statutory summary suspension, which was granted by the court. On the day this matter was set for trial, the state dismissed the DUI charge.

People v. AA (Cook County) — Defendant was charged with DUI. Mr. Rosenblat filed a petition to quash the statutory summary suspension, which was granted by the court.

People v. AS (Cook County) — Defendant was charged with felony DUI. Mr. Rosenblat represented Defendant at the preliminary hearing and the court found no probable cause.

People v. TS (Cook County) — Defendant was charged with first-degree murder. Mr. Rosenblat was retained by Defendant’s family to represent Defendant. Defendant was extradited from Utah. Mr. Rosenblat contacted the officials holding the Defendant in Utah, the local police department, and the Cook County State’s Attorney assigned to this case. At Defendant’s bond hearing, the State dismissed all charges, including the first-degree murder charge, against the Defendant.

People v. JW (Cook County) — Defendant was charged with possession of a controlled substance. Defendant was arrested after her vehicle was stopped by police, who alleged that she committed a traffic violation. Mr. Rosenblat filed a Motion to Quash Arrest and Suppress Evidence. The court found that the officer did not have reasonable grounds to stop Defendant and quashed the arrest and suppressed the evidence. The State subsequently dismissed the matter.

People v. TW (Cook County) — Defendant was charged with attempted robbery. Mr. Rosenblat was able to reduce the charge to a misdemeanor battery.

People v. GM (Cook County) — Defendant was charged with DUI and traffic offenses. On the day of the trial, the State dismissed the DUI charge against Defendant.

People v. SS (DuPage County) — Defendant was charged with Unlawful delivery of a controlled substance, a Class X felony, punishable by a minimum of 6 years incarceration. Although defendant made several deliveries to undercover law enforcement, Mr. Rosenblat negotiated a reduction of the charge to a Class 1 felony and a sentence of 60 days in DuPage County Jail.

People v. DH (Cook County) — Defendant was charged with theft and forgery, Class 3 and 4 felonies. Mr. Rosenblat convinced the State, at the preliminary hearing, to reduce the charges to one count of misdemeanor theft and the Defendant was sentenced to 30 days community service and supervision.

People v. AK (Cook County) — Defendant was charged with 8 Counts of Possession of Child Pornography. Mr. Rosenblat was able to obtain a sentence of probation for Defendant.

People v. ME (Lake County) — Defendant was stopped by high school security officers after leaving the campus. Defendant’s vehicle was searched and he was charged with possession of cannabis. Mr. Rosenblat filed a motion to quash arrest and suppress evidence. The judge granted the Defendant’s motion and the State dismissed all charges.

People v. HS (Lake County) — A warrant was issued for Defendant’s arrest, alleging he committed a residential burglary, after the state determined that his DNA matched DNA found in a home that was burglarized. Mr. Rosenblat organized the surrender of the Defendant and obtained a reasonable bond. Mr. Rosenblat filed motions to dismiss the indictment, for additional discovery, two motions to preclude DNA evidence, and a motion to quash a subpoena for Defendant’s DNA. The charge of residential burglary, a non-probationable Class 1 felony, was reduced by the State to misdemeanor criminal trespass. Defendant was sentenced to probation.

People v. KS (Lake County) — The State filed a complaint for forfeiture against Defendant’s Toyota Land Cruiser. After hearing arguments on the matter, the judge agreed with Mr. Rosenblat and dismissed the State’s complaint. The Land Cruiser was returned to the Defendant.