Archives : 2011 : October

223 Arrested In”National Day of Johns Arrests”, An Effort To Stop Human Trafficking

In 2005, Illinois passed one of the nation’s strictest laws on human trafficking which  involve offenses of involuntary servitude, sexual servitude of a minor or forced labor of persons for services. Charges range from a Class 4 to a Class X felony if kidnapping or injury to the victim is involved. If convicted, you may face severe penalties of heavy fines, jail time, a permanent criminal record and possibility of having to register as a sex offender, as well as having to pay restitution to the victim for their forced labor. The Illinois laws protect the victims of human trafficking and prostitution by providing social services under both Federal and State programs and immigration assistance.

Also, in 2010, the Governor Pat Quinn signed into law the Illinois Safe Children Act which protects minors forced into sex and ensures that children are immune from criminal prosecution and instead are placed in the child protection system. Human trafficking crimes are also illegal under federal law, Title 18, Chapter 77 and the Mann Act 18 U.S.C.A. § 2421 [as amended 1986], making it a crime to transport a person over interstate lines or for foreign commerce for the purpose of prostitution or other immoral acts.

Prostitution, pimping, pandering and solicitation of prostitution are also illegal under the following Illinois laws listed below. You can be found guilty of crimes ranging from  Class A misdemeanor to a Class 4 felony which carry sentences Prostitution; pandering, pimping and solicitation charges carry sentences of up to 1 yr and/or $2,500 then 1-3 yrs and/or $25,000. Law enforcement may impound any vehicle used by the person in the commission of the offense.

720 ILCS 5 Sec. 11 14.1 solicitation of a sexual act is considered a Class B misdemeanor offense.

720 ILCS 5 Sec. 11 15 solicitation for a prostitute offense is considered a Class A misdemeanor.

720 ILCS 5 Sec. 11 16 pandering by compelling a person to become a prostitute and receiving compensation or arranging for the situation is a Class 4 felony and a Class 3 felony if the violation takes place within 1,000 feet of a school.

720 ILCS 5 Sec. 11 17 keeping a place of prostitution is a Class 4 felony.

720 ILCS 5 Sec. 11 18 patronizing a prostitute is a Class A misdemeanor.
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720 ILCS 5 Sec. 11 19 pimping by receiving any article of value from a prostitution earned in part from act of prostitution is a Class 4 Felony and a Class 3 felony if the violation takes place within 1,000 feet of a school.

Case Example

The Cook County Sheriff’s Office’s pilot program announced that their Columbus Day weekend joint eight law enforcement agency sweep of “Johns” called “National Day of Johns Arrests” resulted in sting activities and arrests on the streets, hotels, brothels, the Internet and other places which were concluded on Monday morning October 10, 2011. Among those agencies that participated were:

Cook County Sheriff Police Department (Illinois)
Aurora Police Department (Illinois)
Cincinnati Police Department (Ohio)
Elgin Police Department (Illinois)
Las Vegas Police Department (Nevada)
Los Angeles Police Department (California)
Phoenix Police Department (Arizona)
Newport News Police Department (Virginia)

There were a total of 247 charges with the arrest of 216 Johns, a total of 223 arrests, fines totaling $238,490, 71 vehicles that were towed, 2 pimp arrests, 8 drug arrests. The majority of arrests took place on the street and in hotels. A grant from Demand Abolition supports Illinois public awareness programs to deter offenders from participating in commercial prostitution and/or human trafficking by offering eligible defendants an opportunity to participate in the law enforcement agency’s pilot program “John Schools.” Other voluntary and involuntary programs are also offered to rehabilitate offenders.

Victims of prostitution and human trafficking are offered social services and safe housing to allow them to leave their lifestyle of prostitution.  The success of the law enforcement agency’s pilot program is expected to lead to future collaboration John sweeps across the nation in the fight of solicitation of sex and related crimes.  Next year, under Illinois Senate Bill 1037, sponsored by Senator Toi Hutchinson (D-Chicago Heights) and Rep Karen Yarbrough (D-Maywood), defendants of human trafficking at the time of their prostitution convictions will be able to file a motion to vacate the conviction if they can prove their participation was because they were a victim.

Criminal Defense Attorney

If you are arrested of a prostitution or human trafficking crime in Illinois, it is important to understand your rights. Since these are serious crimes, it is recommended that you hire an Illinois Criminal Defense attorney to defend you. The attorney understands that arrests for prostitution, pandering, solicitation and related human trafficking crimes many times involve entrapment, violation of privacy and are discriminatory resulting in false charges and individual rights being violated. Other factors to be considered are whether a human trafficking offense occurred as a result of fear or abuse. The attorney will defend your rights to try get your charges reduced, community service, a voluntary or mandatory John educational or other community program, probation or get your case dropped.

111 People Indicted In Nation’s Biggest Fraud Ring

Under New York Penal Code Laws (Sections 190.25,190.65 and 190.78 -190.86) you could be charged and convicted of criminal personal identity theft for knowingly impersonating or presenting yourself as one or more persons and/or using personal identifying information, including a credit card, with the intent of benefit and/or to injure, defraud or cause such person or persons financial loss. Depending on the amount of goods involved and the number of identify fraud victims, you could either be charged with identify theft of the third degree Class A misdemeanor  or higher (Penal Code Section 190.78,190.81-one or more persons defrauded), second degree Class E felony (Penal Code Section 190.79, 190.82-one or more persons defrauded in property in excess of $500) or  first degree class D felony (Penal Code Section 190.80,190.83-one or more persons defrauded of property in excess of $2,000). It is also a crime to be in possession of a skimmer device, and you could be charged with a second degree class A misdemeanor (Penal Code Section 190.85) or a first degree Class E felony (Penal Code Section 190.86) if you have been convicted within the last five years of identity theft.

You could also be charged with grand larceny of the fourth degree (Penal Code 155.30-Class E felony), grand larceny in the third degree (Penal Code Section 155.35-Class D felony), grand larceny in the second degree (Penal Code Section 155.40-Class C felony) or grand larceny in the first degree (Penal Code Section 155.42-Class B felony property value exceeds over $1,000,000).

Fines and Sentences:

In New York, you could face a minimum jail sentence of up one year for an identity theft conviction or up 7 years, and fines from $1,000 up to $5,000, and you may also be subject to restitution to the victim under Penal Code Section 60.27. A first degree Class B felony grand larceny conviction carries a sentence up to 25 years imprisonment and a fine up to $25,000.

Federal Crime

Credit card fraud and identity theft are also considered federal offenses under 18 U.S.C. Sections 1028 and 1029 when someone knowingly transfers or uses another person’s identification, including a credit card number, with the intent to commit an illegal act or defraud someone to obtain goods or services in excess of $1,000. You could face a fine and/or imprisonment up to 10 years.

Case Example:

New York police have indicted 111 people in the nation’s biggest and the most sophisticated identity theft credit card fraud ring case. “Operation Swiper” began almost two years ago with undercover police and wiretaps of a five group I.D. theft ring based in Ozone Park, Queens. Police reported that the groups sometimes worked together. As of Friday October 7, 2011, police had arrested 85 people and seized handguns, computer electronics and $650,000 in cash during the arrests after searching several homes. Accordingly to New York Police Commissioner, Raymond Kelly, the I.D. theft ring purchased expensive items such as Apple electronics, luxury handbags, shoes and other products with stolen credit card information and then sold it overseas.

The way the I.D. theft ring worked was they hired skimmers who were retail store or other service industry employees who swiped credit card information on a skimming machine in order to steal the information from unsuspecting restaurant patrons and other business customers, as well as bank employees who had information about high end customers. The information was then given to a team of manufacturers in Russia, Libya, Lebanon and China who put it on blank credit cards. These new cards were then used by these five main teams and their criminal shoppers to purchase electronics and luxury items totaling approximately $13 million.

Among those arrested were bank tellers, restaurant workers and other service employees who used the cards also to pay for their luxury shopping sprees and stays at 5 start hotels as well as travel in rented luxury cards and private jets. Communications seized by New York police were in Russian, Arabic, Farsi and other languages, which had to be translated into English. According to New York police, the investigation was primarily centered on an Apple case because thieves can easily sell Apples products overseas.

Hire a Criminal Defense Attorney

Identity theft, credit card fraud and related crimes are serious crimes in New York, and you should hire a New York criminal defense attorney to represent you. The attorney will aggressively defend you by reviewing eyewitness identification statements made against you and raising evidentiary issues at hearings in order to get your charges reduced, attempt to obtain community service, probation or get your case dismissed.