Home Page by K2 Home Page by JSN PageBuilder

RETIRED U.S. GENERAL BLASTS U.S. CONGRESS

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

CAN DUTERTE'S ALLIANCE WITH CHINA, RUSSIA END EDCA?

 

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

                            “Our problem is: however, the (Philippine) Supreme
                      Court decides, it becomes our loss. 
“Kapag ang tao
                      ang nagkamali, makukulong siya, parurusahan
                      siya. (If a Filipino commits a 
mistake, he goes
                     to jail. He is penalized. Pero kung ang
                     Supreme Court ang nagkamali, nagiging
                     batas ito.  (But if the Philippine Supreme
                     Court makes a mistake, its mistake
                      becomes 
a law.)

                                              -- Virgie Lacsa Suarez, private prosecutor
                                                         of U.S. Marine Pemberton

 

CHICAGO (JGL) – A Filipina lawyer who prosecuted a U.S. Marine who strangled and killed a Filipino transgender four years ago in the Philippines said the Visiting Forces

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

CHICAGO (JGL) – Filipino American lawyer Loida Nicolas Lewis, national chair of U.S. Pinoys for Good Governance (USP4GG), described as “blindness and dumbness” the

Add a comment

User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active

By JOSEPH G. LARIOSA

(© 2018 Journal GlobaLinks) 

 

CHICAGO (JGL) – The assistant director of nursing of a Michigan home health agency was sentenced last March 29 to 36 months in prison for his role in a scheme involving 

approximately $1.6-million in fraudulent Medicare claims for home health services that were obtained thru payment of kickbacks, and were medically unnecessary and not provided. 

Juan Yrorita, 63, of Sterling Heights, Michigan, was sentenced by U.S. District Judge Gershwin A. Drain of the Eastern District of Michigan in Detroit. Yrorita was also ordered to pay $1,524,951.88    in restitution, jointly and severally with his conspirators, and to forfeit $49,823.41.    

Yrorita will also be placed under supervised release for another 36 months.    

Mr. Yrorita was one of the four others, including a doctor, who pleaded guilty before a jury trial last November 29, 2017. Another doctor was acquitted but another nurse was convicted after the trial.    

As part of his guilty plea to one count of conspiracy to commit health care fraud and wire fraud, Yrorita admitted that his co-conspirators at Anointed Care Services (Anointed), a Detroit-area home health agency, paid kickbacks to recruit Medicare beneficiaries.

Yrorita also admitted that as Anointed’s assistant director of nursing, he falsified medical records to support Anointed’s fraudulent claims to Medicare for services that were medically unnecessary and never provided.

During the trial, it was disclosed that Anointed submitted approximately $1.6-million in false and fraudulent claims to Medicare.    

4 CHARGED, 1 ACQUITTED    

Aside from Yrorita, the others charged were Editha Manzano, 70, of Troy, Michigan; Mr. Liberty Jaramillo, 67, also of Troy; Mr. Mark Buenaflor, both co-owners, controllers and managers of Anointed Care Services, of Troy; Roberto Quizon, M.D., 71, of Bloomfield Hills, Michigan; and Victoria Gallardo-Navarra, M.D., 74, also of Bloomfield Hills, in an indictment returned on Sept. 1, 2016.

Buenaflor, Jaramillo and Quizon all pleaded guilty in June 2017. Buenaflor is up for sentencing on May 21, 2018 while sentencing for Quizon is set on April 26, 2018 at 10 a.m. and Jaramillo is on April 19, 2018. Gallardo-Navarra was acquitted, and Manzano was convicted after trial and is due for sentencing on April 26, 2018 at 3 p.m..

Manzano was convicted of one count of conspiracy to commit health care and wire fraud, one count of conspiracy to pay and receive kickbacks in connection with Medicare beneficiaries, and one count of health care fraud following a seven-day trial.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Matthew J. Schneider of the Eastern District of Michigan, Special Agent in Charge Timothy R. Slater of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Chicago Regional Office made the announcement of Yrorita's sentencing.

The FBI and HHS-OIG investigated the case, which was brought as part of the Medicare Fraud Strike Force under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Michigan. Fraud Section Trial Attorneys Jacob Foster and Rebecca Szucs prosecuted the case.

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion. (Contact reporter: jglariosa@philamessenger.com)    

Notes to our dear readers: FOR YOUR EYES ONLY 

It’s not free to put together stories, photos and video clips that you read here. We have to pay for copies of the court records that we obtain from various court sources in the United States. We also have to buy our still cameras and video cameras. We spend hours collecting, reading, verifying and typing our stories and editing those photos and video clips. 
And we cannot do this forever for free. 
If you are reading this now for free, this is just an announcement that next time, you want to read our articles and photos and view our videos, you will be paying for a subscription to get access to the premium and explosive contents of our website by putting your credit card information in our system or by paying thru Paypal. We also accept donations. We reserve our right to unilaterally and arbitrarily increase our rates.

What you read here is for your personal information only and not to be shared with others. You will not be allowed to download, copy-paste, take a screenshot of our products, without our permission and without registering and subscribing to our website.

If you want to share our products to media outlets, these media outlets should get in touch with us and pay for one-time, one-outlet publication/broadcast. Media outlets using our products cannot alter nor delete the contents of our product, including the name/s of the author/s and the name of our outlet to preserve the integrity of our product. Our product should not appear in the sister publication/s or affiliate/s of the designated authorized outlet. Otherwise, we will exercise our rights against violators under International Copyright laws.

Thank you for your continued patronage. 

philamessenger.com

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

THERE ARE 4.1-M FILIPINOS IN THE U.S.

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

CHICAGO (JGL) – The United States is home to by far the largest number of Filipinos abroad, according to Migration Policy Institute, a Washington, D.C.-

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

FIL AM JUDGE HAS UNTIL MAY 21ST TO FILE HER POST-TRIAL MOTIONS

 

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

CHICAGO (JGL) – The Illinois Supreme Court had suspended Filipino American Cook County Circuit Judge Jessica Arong O'Brien on Thursday (April 26th) from practicing “law effective immediately and until further order of the Court, and this matter is hereby referred to the Judicial Inquiry Board."

 jessica3

JUDGE JESSICA ARONG O'BRIEN

The decision came down after the Illinois Attorney Registration & Disciplinary (ARDC), an administrative body created by the Illinois Supreme Court to regulate the practice of the law profession, sought her suspension from the practice of law and her removal from the bench of the Cook County Circuit Court.

The ARDC's “Petition for interim suspension pursuant to Supreme Court rule 774(a)(1)” and to “enjoin her from continuing to hold the office of the judge” filed by ARDC Administrator Jerome Larkin on Feb. 23, 2018 was filed after a jury returned a verdict last Feb. 15, 2018 finding Ms. O'Brien guilty of mail fraud and bank fraud involving $1.4-M mortgage scheme.

A copy of the Illinois Supreme Court decision provided by James J. Grogan, Deputy Administrator and Chief Counsel of ARDC, to this reporter showed that six of the seven members of the Illinois Supreme Court, including Chief Justice Lloyd A. Karmeier, took part in the deliberation and entered the following judgment: “The rule to show cause issued to respondent Jessica Arong O'Brien pursuant to Supreme Court Rule 774 on Feb. 27, 2018, is enforced in part. Respondent is suspended from the practice of law effective immediately and until further order of the Court, and this matter is hereby referred to the Judicial Inquiry Board.”

Justice Thomas Kilbride took no part on the decision.

REFLECTED ADVERSELY UPON HER FITNESS

In his petition, Mr. Larkin asked the Supreme Court to suspend the practice of law and removal of Ms. O'Brien from the bench after being found guilty of mail fraud and bank fraud following a
jury trial before Judge Thomas M. Durkin of the Northern District Court of Illinois in Chicago last Feb. 15.

In his petition, Mr. Larkin said that when Ms. O'Brien, 50, a native Cebu City in the Philippines, was found guilty of mail fraud and bank fraud by the jury, it reflected “adversely upon her fitness to practice law and constitute as a persuasive evidence that she was, in fact, guilty of that conduct.”

Larkin cited the court records among others that Ms. O'Brien “falsely claimed that her monthly income from Illinois Department of Revenue was $6,800. [A]lthough she did not disclose all of her liabilities, including a $260,000 mortgage obligation, she affirmed that the information she submitted to the lender was truthful and accurate, although she knew that it was not.”

In seeking her suspension from the practice of law, Larkin said Ms. O'Brien has been formally charged and found guilty of the federal offenses of mail fraud and bank fraud, crimes which involve moral turpitude and reflect adversely upon her fitness to practice law.

ANYTHING CALCULATED TO DECEIVE

This Court had defined fraud as “anything calculated to deceive.” “Moral turpitude” is anything which an attorney does knowingly and which is contrary to justice, honesty and good morals.”

In her defense, the lawyers for Ms. O'Brien said Mr. Larkin's petition to suspend her is unnecessary, saying the Illinois Constitution already prohibits Ms. O'Brien from the practice of law when she became a judge. “As a result, the relief the Administrator requests under Rule 774(a)(1) would have no effect.”
Her lawyers lead by Thomas P. McGarry of Hinshaw & Culbertson, LLP, also argued that the Illinois Supreme Court “lacks the power to enjoin a sitting judge from office. While this Court has authority to discipline an attorney from the practice of law, Art. VI, Sec. 15 of the Illinois Constitution vests
the sole authority for investigation and discipline of a judge with the Judicial Inquiry Board and the Illinois Courts Commission. (IL Const. 1970, Art. VI, Sec. 15.)

“By accepting the Administrator’s argument, this Court would be claiming shared power to
discipline a judge with the Courts Commission — a power the 1970 Constitutional Convention explicitly declined to give to this Court.”

SHOULD BE AFFORDED PROCESS RIGHTS

In seeking to stop her removal from the bench, Ms. O'Brien's lawyers told the Illinois Supreme Court that she should “be afforded the opportunity to exhaust her process rights. Though, she has been found guilty by a jury, she has not been convicted of the crimes with which she has been charged. The federal court proceedings have not yet concluded. Ms. O'Brien still has the opportunity to be acquitted.

This Court should not make a ruling related to Respondent’s law license or her ability to hold the office prior to the District Court’s final determination.”

Her lawyers claimed that Ms. O'Brien “does not contest that she has been formally charged with the
commission of moral turpitude or that under the Rule, the Administrator has submitted evidence supporting the criminal charges via the jury’s verdict. This Court should deny the Administrator’s
request. However, because the Administrator cannot establish that the criminal charges against Ms. O'Brien reflect adversely upon her fitness to practice law. As a judge, the Illinois Constitution already prohibits her from practicing law.”

They cited “Art. VI, Sec. 13 of the Illinois Constitution [which] establishes prohibited activities for Illinois Judges. It states as follows: “Judges and Associate Judges shall devote full time to judicial
duties. They shall not practice law, hold a position to profit, hold office under the U.S. or this State or unit of local government or school district or in a political party.

“Service in the State militia or armed forces of the US for periods of time permitted by rule of the Supreme Court shall not disqualify a person from serving as a Judge or Associate Judge.”

COURTS COMMISSION, NOT SUPREME COURT

The lawyers added, “The Constitution provides the process for disciplining judges in Art. IV, Sec. 15. IL Const. 1970, Art. VI, Sec. 15 [which] creates the Judicial Inquiry Board and the Courts Commission.

“The Board is given the power to investigate conduct of Judges and Associate Judges and the power to file complaints against Judges and Associate Judges with the Courts Commission.”

It was added the Constitution provides that, “[t]he Commission shall be convened permanently to hear complaints filed by the Judicial Inquiry Board” and it shall have the authority “to remove from office, suspend without pay, censure or reprimand a Judge or Associate Judge for willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial offic into disrepute.” IL Cons. 1970, art VI, Sec. 15(e) (emphasis added).

Her lawyers also argued “This Court lacks the authority to enjoin Ms. O'Brien from judicial office without letting her exhaust her fundamental due process rights. Notwithstanding the jury’s verdict, Ms. O'Brien maintains her innocence. She is on a briefing schedule to file motions that, if granted, wound exonerate her of the alleged crimes.

POST-TRIAL MOTIONS MAY 14, 2018

The federal District Court has entered a briefing schedule giving Ms. O'Brien until May 14, 2018 to file post-trial motions. Ms. O'Brien intends to file a Motion for Judgment of Acquittal pursuant to FRCP 29(a) by that date.

Last April 25, O'Brien's unopposed motion to extend her time to file post-trial motions was moved from May 14 to May 21. The government response is due by June 4 and her reply due by June 18.
Her lawyers argued that Ms. O'Brien is still innocent pending her sentence scheduled on July 6, 2018. They cited a previous holding of the U.S. Supreme Court (Berman v. United States, 302 U.S. 211, 212 (1937) that says, “[f]inal judgment in a criminal case means sentence. The sentence is the judgment.”

“This Court should allow Respondent to exhaust her due process rights before making any determinations related to her law license or judicial office.”

Under Art. IV, Sec. 15, of the Illinois Constitution in 1970, Section 15 creates the Judicial Inquiry Board and the Courts Commission. The Board is given the power to investigate conduct of Judges and Associate Judges and the power to file complaints against Judges and Associate Judges with the
Courts commission.

The Constitution provides that, “[t]he Commission shall be convened permanently to hear complaints filed by the Judicial Inquiry Board” and it shall have the authority “to remove from office, suspend without pay, censure or reprimand a Judge or Associate Judge for willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute.” (Contact reporter: jglariosa@philamessenger.com)

Notes to our dear readers: FOR YOUR EYES ONLY 

It’s not free to put together stories, photos and video clips that you read here. We have to pay for copies of the court records that we obtain from various court sources in the United States. We also have to buy our still cameras and video cameras. We spend hours collecting, reading, verifying and typing our stories and editing those photos and video clips. 
And we cannot do this forever for free. 
If you are reading this now for free, this is just an announcement that next time, you want to read our articles and photos and view our videos, you will be paying for a subscription to get access to the premium and explosive contents of our website by putting your credit card information in our system or by paying thru Paypal. We also accept donations. We reserve our right to unilaterally and arbitrarily increase our rates.

What you read here is for your personal information only and not to be shared with others. You will not be allowed to download, copy-paste, take a screenshot of our products, without our permission and without registering and subscribing to our website.

If you want to share our products to media outlets, these media outlets should get in touch with us and pay for one-time, one-outlet publication/broadcast. Media outlets using our products cannot alter nor delete the contents of our product, including the name/s of the author/s and the name of our outlet to preserve the integrity of our product. Our product should not appear in the sister publication/s or affiliate/s of the designated authorized outlet. Otherwise, we will exercise our rights against violators under International Copyright laws.

Thank you for your continued patronage. 

philamessenger.com

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

CHICAGO (JGL) – A $10-Million bond was recommended for the provisional release of a Filipino American bankruptcy and immigration lawyer during a court hearing on April 2 at the Los Angeles Superior

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

FILING OF INFO OR SEEKING OF INDICTMENT EXTENDED TO APRIL 5

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

CHICAGO (JGL) – Magistrate Judge Richard L. Puglisi of the U.S. District Court in Honolulu, Hawaii had reset the preliminary hearing

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

By JOSEPH G. LARIOSA

(©  2018Journal GlobaLinks)

 

CHICAGO (JGL) – Roberto Quizon, 71, a licensed physician of Bloomfield Hills, Michigan, and owner of Green Cross Medical Center, was sentenced last April 26 to 18 months in prison in connection with the $1.6-M in fraudulent Medicare claims for home health services that were obtained thru payment of kickbacks, and were medically unnecessary and not provided.

U.S. District Judge Gershwin A. Drain of the Eastern District of Michigan in Detroit also placed Dr. Quizon under 36 months of supervised release and ordered him to pay $791,905 restitution to the U.S. Department of Health and Human Services for pleading guilty to conspiracy to commit health care fraud and wire fraud.

He is to report to prison before 2 p.m., Oct. 23, 2018. Judge Drain recommended he be held at FCI McLean in Lewis Run, PA., or, if that facility isn’t available, to FCI Morgantown, Va. He also was ordered to forfeit $168,936 worth of property to the federal government.

Court documents also showed that Mr. Liberty Jaramillo, 67, co-owner, controller and manager of Anointed Care Services, of Troy, Michigan, was sentenced last April 25 to 36 months in prison and was placed under 36 months of supervised release for conspiracy to commit health care fraud and wire fraud.

Mr. Jaramillo was also ordered to pay $1,593,804 restitution to the U.S. Department of Health and Human Services and is to report to prison when notified by the U.S. Marshals Service. Judge Drain recommended that he be committed to FCI Morgantown, Va. He pleaded guilty last June 15, 2017.

YRORITA GETS 36 MONTHS PRISON

Earlier, Juan Yrorita, assistant director of nursing of a Michigan home health agency,  was also sentenced last March 29 to 36 months in prison for his role in the conspiracy.

Yrorita, 63, of Sterling Heights, Michigan, was also ordered to pay $1,524,951.88  in restitution, jointly and severally with his conspirators, and to forfeit $49,823.41. 

Yrorita was also placed under supervised release for 36 months.  He pleaded guilty on Nov. 29, 2017.

Quizon, Jaramillo and Yrorita were among the four others, who pleaded guilty before a jury trial last November 29, 2017 while another doctor, Victoria Gallardo-Navarra, 74, was acquitted by jury Dec. 4, 2017.

Editha Manzano, 70, former vice president of the Filipino American Community Council of Michigan (Filamcco) and co-owner, controller and manager of Anointed Care Services, a home health care in Detroit, is up for sentencing on June 28 at 10 a.m. Before Judge Drain.

Another defendant, Mark Buenaflor, co-owner, controller and manager of Anointed Care Services, of Troy, Michigan, is likewise scheduled to be sentenced on May 21st by Judge Drain also at 11:0 a.m. Mr. Buenaflor pleaded guilty last June 2017.

ALL CHARGED WITH CONSPIRACY TO COMMIT HEALTH CARE & WIRE FRAUDS

All the defendants were charged with Count 1 conspiracy to commit health care fraud and wire fraud; Editha Manzano and Liberty Jaramillo were both charged with Count 2 conspiracy to pay and receive health care kickbacks; and Manzano, Jaramillo and Dr. Quizon were charged with Counts 3-5 for health care fraud; and forfeiture.

According to evidence presented at trial, from 2013 to 2016, Manzano and her co-conspirators engaged in a scheme to defraud Medicare of approximately $1.6 million in fraudulent claims for home health care services in connection with Anointed Care Services, a Detroit area home health care agency. 

The evidence showed that Manzano paid illegal kickbacks for patients to sign up for home health care with Anointed.
The evidence further showed that Manzano conspired with physicians to admit patients for home health care with Anointed when they did not qualify for such services. 

To make it appear that these patients did qualify, Manzano and her co-conspirators falsified medical records and signed false documents purporting to show that patients admitted to Anointed’s home health program satisfied Medicare’s requirements for admission, the evidence showed.

Penalty for the charges of conspiracy to commit health care fraud for violation of 18 U.S.C. Sec. 1349 is maximum of 20 years of imprisonment and a “fine that is greater than $250,000 or twice the pecuniary gain or loss pursuant to 18 U.S. Code Sec. 3571(d) and a three year term of supervised release.” (Contact reporter: jglariosa@philamessenger.com)

Notes to our dear readers: FOR YOUR EYES ONLY 

It’s not free to put together stories, photos and video clips that you read here. We have to pay for copies of the court records that we obtain from various court sources in the United States. We also have to buy our still cameras and video cameras. We spend hours collecting, reading, verifying and typing our stories and editing those photos and video clips. 
And we cannot do this forever for free. 
If you are reading this now for free, this is just an announcement that next time, you want to read our articles and photos and view our videos, you will be paying for a subscription to get access to the premium and explosive contents of our website by putting your credit card information in our system or by paying thru Paypal. We also accept donations. We reserve our right to unilaterally and arbitrarily increase our rates.

What you read here is for your personal information only and not to be shared with others. You will not be allowed to download, copy-paste, take a screenshot of our products, without our permission and without registering and subscribing to our website.

If you want to share our products to media outlets, these media outlets should get in touch with us and pay for one-time, one-outlet publication/broadcast. Media outlets using our products cannot alter nor delete the contents of our product, including the name/s of the author/s and the name of our outlet to preserve the integrity of our product. Our product should not appear in the sister publication/s or affiliate/s of the designated authorized outlet. Otherwise, we will exercise our rights against violators under International Copyright laws.

Thank you for your continued patronage. 

philamessenger.com

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

"MISUNDERSTANDING" MARS INVITATION  

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks) 

CHICAGO (JGL) – Filipino American leaders Loida Nicolas Lewis and Rodel Rodis had clarified that their U.S. Pinoys for Good Governance had not authorized USPGG-Michigan's Willie

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

FIL AM HIRES A NEW LAWYER

 

By JOSEPH G. LARIOSA

(© 2018 Journal GlobaLinks)

 

 

CHICAGO (JGL) – Judge Thomas M. Durkin of the Northern District of Illinois in Chicago had ordered the Clerk of Court to “provide a certified copy of the sealed jury verdict” to the Illinois Attorney Registration and Disciplinary Commission after she was found guilty on two counts of mail and bank frauds in a $1.4-M mortgage scheme.

The ARDC or Commission is authorized by the Illinois Supreme Court to “to regulate the admission and discipline of lawyers in Illinois.”
At the same time, Ms. O'Brien fired her lawyers, who assisted her during the jury trial, and replaced them with a new one, who will assist her in filing post-verdict motions prior to her sentencing on July 6, 2018.

She let go Patrick John Cotter; Danielle C. Ambrosia, Ricardo Meza, Elizabeth Ann Austermuehle and Donald J. Angelini, Jr. She has retained the new services of Steven A. Greenberg & Associates.

On the other hand, Judge Durkin also appointed Thomas Brandstrader as counsel for O'Brien's co-defendant Maria Bartko to replace Chris Groman under the Criminal Justice Act as a financially-challenged criminal defendant.

MOTION FOR JUDGMENT ACQUITTAL

Two days before the verdict, Ms. O'Brien, 50, filed a motion for judgment acquittal, saying the “Government failed to present sufficient evidence to sustain a conviction of either the mail fraud or bank fraud charges.” 

Although, Judge Thomas M. Durkin reserved his “decision until close of evidence” on the motion, he declined to make a ruling and let the jury decide on the motion for judgment acquittal last Feb. 15..

Both counts relate to the same four transactions, which the government has alleged is a scheme to defraud lenders, dating from 2004 and 2007, in connection with two investment properties purchased and later sold by Ms. O'Brien long before she became a Cook County judge.

In 2004, when Ms. O'Brien purchased 625 W. 46th St. Chicago property, the Government said she overstated her income, failed to disclose a liability, and misrepresented her intention to live in the property as her primary residence.

In 2005, the Government also alleged that Ms. O'Brien misrepresented that she was employed only by O'Brien Realty, LLC when she was actually employed by both O'Brien Realty and the Illinois Department of Revenue (IDOR), and that Ms. O'Brien overstated her income on the application.

In a 2006 Commercial Line of Credit, the Government alleges that in applying for the line of credit, Ms. O'Brien misstated O'Brien Realty's annual revenue and profit; and 

In 2007 sale of 625 W. 46th St. and 823 W. 54th St., Chicago properties, the government alleges that Ms. O'Brien, along with co-defendant Maria Bartko and an unindicted “straw buyer” Christopher Kwan, agreed to conceal Bartko as a buyer on loan documentation submitted to lenders. Ms. O'Brien also failed to disclose checks written from Ms. O'Brien to Bartko in connection with the sale of the properties. Ms. O'Brien also falsely represented that Kwan intended to live in the properties as his primary residence and falsely overstated his income. 

CONVICTION CARRIES 30 YEARS IN PRISON

Conviction of either count carries a penalty of not more than 30 years and fine of not more than $1-M.

Ms. O'Brien's lawyer, Ricardo Meza, said after the verdict he is going to file a motion for a new trial without elaborating.

O'Brien was stunned by the verdict as she bowed while her husband, Judge Brendan A. O'Brien also of Cook County, and their daughter, Samantha Theresa, 20, and other supporters. They were motionless as Judge Durkin announced that O'Brien was guilty on "counts one and two" after a six-day trial.

It took the jurors four hours in two days to deliberate before coming up with the decision. Deliberation started from 3 p.m. and lasted up to 5 p.m. Wednesday. It continued from 9:15 a.m. to 11:30 a.m. Thursday.

In her motion for judgment acquittal, O'Brien argued that in order for a defendant to be convicted of mail fraud, the Government must prove: “(1) a scheme to defraud; (2) an intent to defraud; and (3) use of the mails or wires in furtherance of the scheme.”

O'Brien added in order for a defendant to be convicted of bank fraud, the Government must prove (1) that the defendant knowingly executed or attempted to execute a scheme to defraud a financial institution; (2) that the defendant did so with the intent to defraud; and (3) that the financial institution was insured by the FDIC (Federal Deposit and Insurance Corporation).”

And in order to prove intent to defraud in both mail and bank frauds, the Government must prove “willful act by the defendant with the specific intent to deceive or cheat, usually for the purpose of getting financial gain for one’s self or causing financial loss to another.”

Her lawyers argued there was no intent to defraud. It was a mistake that is committed by ordinary humans. (Contact reporter: jglariosa@hotmail.com) 

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

 

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

CHICAGO (JGL) – When the United States Congress passed the Rescission Act of 1946, it did not only “rob” the Filipino and Filipino American World War II veterans of their war

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

PILOT PROGRAM LAUNCHED MARCH 21ST

 

SAN FRANCISCO, CA —Consistent with the thrust of the Department of Foreign Affairs to provide efficient and comfortable service to all Filipinos and in line with the vision of the Philippine

Add a comment

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

By JOSEPH G. LARIOSA
(Exclusive)
(© 2018 philamessenger.com)

 

CHICAGO (JGL) – Former Philippine Commission on Elections (Comelec) Chair Andres D. Bautista is eager and anxious to go home to the Philippines because he wants to look

Add a comment

QuickSellCart

Your cart is empty.

Go to top