Friday, September 14, 2018

SOBB Brother

The Illinois Administrator has filed a complaint alleging misconduct that led to a criminal conviction for an attorney's role in posting bond for an accused drug trafficker

In August 2011, Troy Clark ("Clark") was arrested and charged in the Circuit Court of Cook County, Illinois, with offenses relating to trafficking controlled substances in the matters entitled People of the State of Illinois vs. Troy Clark, case numbers 11 CR 15697, 11 CR 15698, 11 CR 15699, 11 CR 15700 and 11 CR 15701 ("Clark's cases"), and, on August 27, 2011, the court in his cases set his bond at $400,000 cash, with the requirement that a source of bail bond hearing ("SOBB hearing") be conducted before bail could be posted for Clark.

In late September or early October 2011, Clark's girlfriend, Tamira Smyth ("Smyth"), was introduced to Respondent. At or about that time, Smyth and Respondent agreed that Respondent would assist Smyth in posting funds for Clark's bond. Thereafter, Smyth delivered hundreds of thousands of dollars in cash to Respondent in installments, and Respondent devised a transaction in which Smyth would not be identified as the source of funds for Clark's bond.

In or about October 2011, Respondent contacted Kevin Frank ("Frank") and Kenneth Lukowski ("Lukowski"), employees of Forshay Land Title & Appraisal Services, Inc. ("Forshay Land Title"), a business located in Roscoe, Illinois. At or about that time, Respondent promised to pay thousands of dollars to Lukowski, and, to explain the source of $400,000 being available for Clark's bail, Lukowski agreed to testify under oath at a SOBB hearing in Clark's cases about a fictitious transaction regarding property that Lukowski owned at 12746 Waltham Close in Roscoe ("Waltham Close property").

Lukowski testified at the hearing and

 On or about October 20, 2011, in reliance on Lukowski's false testimony and the purported promissory note and other fictitious documents, Judge Flood entered an order allowing funds from the purported loan transaction between Lukowski and Forshay Storage & Van to be used to post bond in Clark's cases.

The State conducted an investigation of the transaction and

 On July 26, 2018, pursuant to a plea agreement, Respondent pled guilty to forgery and subornation of perjury, as charged in Counts 7 and 8 of the indictment in case number 12 CR 12822.

 On July 26, 2018, the Honorable Alfredo Maldonado entered a judgment of conviction against Respondent as to Counts 7 and 8 of the indictment in case number 12 CR 12822, and sentenced Respondent to a concurrent term of two-years probation, with conditions including completion of the TASC (Treatment Alternatives for Safe Communities) Treatment Program. On the motion of the State, Judge Maldonado dismissed all of the other counts of the criminal indictment returned against Respondent.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2018/09/the-illinois-administrator-has-filed-a-complaint-alleging-misconduct-that-led-to-a-criminal-conviction-for-an-attorneys-role.html

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