Round 1: DuPage County State's Attorney Bob Berlin on the Ropes -- Former Federal Prosecutor Patrick Collins Files Motion to Dismiss All Charges

PART NINE OF COUNTYLEAKS SERIES ON DUPAGE FOREST PRESERVE TECH CRIMINAL CASE...

Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight

Former federal prosecutor Patrick Collins has filed a motion at the Henry J. Hyde Judicial Office Facility of Wheaton to dismiss the case against Arif Mahmood for his alleged involvement in a scheme of stealing $150,000 from the Forest Preserve District of DuPage County (FPDDC).

In November 2012, the District's former director of its IT department, Mark McDonald, and the department manager, David Tepper, were each indicted with 140 felony counts, while Mahmood, who worked for Alamach Technology, Inc., an IT vendor for the District, was charged with 37 counts, in the alleged theft scheme.

In an eight-page memorandum, Collins requested the Court to dismiss the case due to apparent failure to preserve "crucial evidence" for his client "to defend himself against the charges alleged".

Excerpts from the memorandum:

Pursuant to a written agreement with the FPDDC, Mahmood reluctantly complied and (he understood, temporarily) turned over all the computer equipment, and its fruits, to the FPDDC. The FPDDC, through its agents and its computer expert, hand-picked by the president of the FPDDC, took possession of the computer equipment in furtherance of the pending law enforcement investigation. 

Stunningly, and as recently acknowledged by the FPDDC, neither the FPDDC, its expert, nor law enforcement took any steps to preserve the equipment, nor did any of them make a mirror image of equipment so that it could be utilized for the criminal case.

(Scroll to end of article to read entire motion)

The response by the FPDDC was quite disturbing: at a basic level, even after multiple inquiries, the FPDDC has been unable to confirm that they possess the computer equipment that was seized from Mahmood. Second, contrary to basic forensic procedures, the FPDDC has acknowledged that none of the computer devices were preserved and no forensic images or backups were made. Finally, after a forensic assessment by Mahmood's expert of certain computer equipment that may be the computer equipment at issue, it appears that all the equipment at issue was put back in service by the FPDDC, thereby destroying any possibility of analyzing what Alamach, and its subcontractor, did under the terms of the contracts. 

As a result of the FPDDC's actions and inactions, the computer equipment has been irretrievably tainted for use in this criminal proceeding.

Quite simply, the FPDDC's failure to preserve the most crucial evidence in the case has destroyed any meaningful opportunity Mahmood has to defend himself against the charges alleged. Because of this clear and irreparable violation of Mahmood's right to due process, the Court should dismiss the indictment as to Mahmood.

At a Dec. 6th hearing, DuPage County Judge Blanche Hill Fawell ordered the state to respond to Collins' motion by Jan. 24th.

Marquardt Bros. -- We've Got Your Back

Lobbyist for DuPage County State's Attorney's Office is Attorney & Brother of Forest Preserve's IT Covert Forensic Investigator

PART EIGHT OF COUNTYLEAKS SERIES...

Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven

Scott Marquardt of the Wheaton-based law firm, Marquardt & Belmonte, P.C., represented JRM, Inc. in matters related with the company's secret "internal investigation" of the DuPage County Forest Preserve District's information technology (IT) department. JRM is an IT firm owned by Jerry Marquardt of Naperville, the attorney's brother. 

Scott is also a lobbyist at a firm named after the founder and the late father of the brothers, Roger C. Marquardt & Co. This firm is paid $4,000 per month by the DuPage County State's Attorney's office for lobbying services. Scott's wife, Barbara Skurka/Marquardt, has been paid $48,000 as a consultant for Citizens for Bob Berlin, the political campaign for the State's Attorney.

Findings from JRM were given to the State's Attorney's office in 2011. A year later, the District's former director of its IT department, Mark McDonald, and the department manager, David Tepper, were each charged with 140 felony counts, while a third man, Arif Mahmood, who worked for Alamach Technology, Inc., an IT vendor for the District, was charged with 37 counts, in an alleged scheme stealing $150,000 from the Forest Preserve.

Citizen watchdogs claim there are numerous political ties, conflicts of interest and a lack of legitimacy surrounding the internal investigation leading to the charges.

In a letter last month concerning Freedom of Information Act (FOIA) requests handled by the Forest Preserve's attorney, Jim Knippen of Wheaton, Marquardt stated that his firm represents JRM. After explaining that JRM has previously complied with FOIA requests, the letter reads: "JRM, Inc. is no longer in possession of any other emails." And, "Please be advised that JRM., Inc. will no longer be maintaining copies of these documents as it is not required by law or its contract with FPD to do so." (To enlarge, click the image.)

JRM was paid $66,000 by the Forest Preserve in 2011. Per the IT firm's contract, Resolution No. 11-313, all records and documents from the internal investigation are property of the Forest Preserve.

CountyLeaks reported last November that no injunction had been sought to preserve all records pertaining to this case in "Hark -- Is that the Buzz of Cicadas or a Shredder? Did the DuPage Forest Preserve Shred a Truckload of Records During a Criminal Investigation?"

Nine months later, it appears nothing has changed.

Now Entering the Ring -- Heavyweight Former Federal Prosecutor Patrick Collins vs. Featherweight DuPage County State's Attorney Bob Berlin

PART SEVEN OF COUNTYLEAKS SERIES...

Part One, Part Two, Part Three, Part Four, Part Five, Part Six

Chicago attorney Patrick Collins, famous for leading the federal prosecution which placed former Illinois Governor George Ryan in an orange jumpsuit for racketeering and fraud, will be representing Arif Mahmood, a defendant charged with 37 counts for his alleged involvement in a scheme of stealing $150,000 from the Forest Preserve District of DuPage County.

Last November, the District's former director of its IT department, Mark McDonald, and the department manager, David Tepper, were each indicted with 140 felony counts, while Mahmood, who worked for Alamach Technology, Inc., an IT vendor for the District, was charged with 37 counts, in the alleged theft scheme.

Nearly two years after losing their Forest Preserve jobs and contract, ten months after their arrests and eight months after their indictments of 317 felony counts, the DuPage County State's Attorney's office still has not produced a bill of particulars -- the formal, detailed, written complaint of charges -- as required by law (725 ILCS 5/111-6).

DuPage County Judge Blanche Hill Fawell ordered on May 13th that the State produce a bill of particulars at the hearing scheduled for today at the Henry J. Hyde Judicial Office Facility of Wheaton. After a series of delays over months -- a flood, attorney vacations, attorney non-appearance, and the judge testifying in another criminal case -- DuPage County Asst. State's Attorney Ken Tatarelis requested more time. 

The state was granted a five-week extension until Aug. 19th, as there were no objections from defense attorneys Terry Ekl and Ernie DiBenedetto, representing Tepper and McDonald respectively.

Collins was prepared to begin representing Mahmood in this morning's hearing. However, Mahmood's first attorney, Timothy Martin of Wheaton-based Martin & Kent, LLC, had not yet withdrawn from the case. Reportedly, attempts to contact Martin today prior to the hearing were unsuccessful.

DuPage County Board Chairman Dan Cronin & Brother Tom Cronin -- Attempted Takeover of RNHA Illinois No Longer Behind the Scenes

PART FIVE OF A COUNTYLEAKS SERIES...

"Eliminating boards and commissions that pay generously for part-time work will both pare down the size of government and help our bottom line." - Chris Hage, Republican candidate for 42nd District Representative of Illinois, February 2012

Part One, Part Two, Part Three, Part Four

Part Five of a CountyLeaks series on numerous ethical and public interest questions surrounding DuPage County Board Chairman Dan Cronin's reappointment of Federation of Illinois Young Republicans Executive Director Chris Hage to the DuPage County Election Commission for $27,500 annually plus health care benefits...

CountyLeaks' sources claim that Cronin and Hage have been attempting a behind-the-scenes takeover of the Republican National Hispanic Assembly of Illinois (RNHA) for several years, raising additional concerns of ongoing partisanship and political activism of the electoral board's vice chairman. 

The latest development supporting Cronin's involvement was the entrance of his brother, Tom, in a court battle between two Illinois chapters of the RNHA. A newer "chapter", Illinois Chapter of the Republican National Hispanic Assembly, is backed by Cronin and Hage. The established chapter embraces political rival and critic of Dan Cronin, Rafael Rivadeneira. 

(To enlarge, click on the image)

Six Months Later in the DuPage Forest Preserve IT Criminal Case -- 317 Felony Counts of Nothing in Particular

PART SIX OF A COUNTYLEAKS SERIES...
Part One, Part Two, Part Three, Part Four, Part Five

Nearly six months after filing 317 felony counts against two former Information Technology (IT) department employees of the DuPage Forest Preserve District and a former vendor, the DuPage County State's Attorney's office has yet to produce the bill of particulars -- the formal, detailed, written complaint of charges -- as required by law (725 ILCS 5/111-6).

Citizen watchdogs speculate that this delay involves the numerous political ties and lack of legitimacy of those behind the "secret internal investigation" initiated by the Forest Preserve -- a move which may have been prompted by a purchase order epiphany, as CountyLeaks questions today. Findings from this "investigation" were presented to the State's Attorney's office in November 2011. The bill of particulars would likely rely heavily on these findings.

The District's former director of its IT department, Mark McDonald, and the department manager, David Tepper, were each charged with 140 felony counts, while a third man, Arif Mahmood, who worked for Alamach Technology, Inc., an IT vendor for the District, was charged with 37 counts, in an alleged scheme stealing $150,000 from the Forest Preserve.

CountyLeaks was first to report on the staggering number of charges handed down by a grand jury on Halloween 2012. Lending perspective to these numbers, former Gov. George Ryan had 18 felony indictments in 2003 and former Gov. Rod Blagojevich had "only" 16 counts in 2009. 

Yet there was no customary press conference immediately following the grand jury's 317 felony counts. Three days earlier, CountyLeaks explained at length the political ties between the Forest Preserve, JRM Consulting and the State's Attorney's office. CountyLeaks found the felony indictments during periodic searches on the court clerk's website after the well-reported arrests in September.

CountyLeaks # 1 Read Post

Legal scholars, yesterday's "Tweets, Twits & Tax Dollars: Joe Birkett for Illinois, Proven Leader? Proven Corruption Buster?" just broke the record for most-read post on CountyLeaks! 

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Tweets, Twits & Tax Dollars: Joe Birkett for Illinois, Proven Leader? Proven Corruption Buster?

While DuPage County State's Attorney Joe Birkett was serving as Vice Chair of the Board of Governors of the Illinois Office of the State's Attorneys Appellate Prosecutor, he steered contracts to his political consultants. Birkett now sits on the bench of the Second District Illinois Appellate Court, yet questions remain as to who exactly was the tax-paid client -- Club ILSAAP or Birkett for Illinois?

Four years ago today, the topic in Illinois was ethics.

Top public leaders from the state gathered in Chicago to give testimony before the Illinois Reform Commission, established by Illinois Governor Pat Quinn in his "first official act to restore integrity and examine ethics rules and practices in state government". The impeachment of former Governor Rod Blagojevich, following his December 2008 arrest on charges of conspiracy and fraud, prompted action.

Calling for effective enforcement of anti-corruption laws were Quinn himself, Illinois Attorney General Lisa Madigan, Cook County State's Attorney's Chief of Special Prosecutions Bureau Jack Blakey, Illinois Executive Inspector General James Wright, Illinois Inspector General Jim Burns, best-selling author and Chicago attorney Scott Turow, and DuPage County State's Attorney Joe Birkett, who was later appointed to serve on the bench of the Second District Illinois Appellate Court in Elgin.

Birkett spoke to the Commissioners of the challenges in fighting public corruption, proposed amendments to the official misconduct statute, suggested remedies, and discussed the need for enforcement tools. He quoted Albany Law School Professor Michael J. Hutter, "Unfortunately, our review of public corruption convictions in the states indicates that there is apparently little correlation between strong laws and integrity -- if a public official wants to violate his or her trust, the laws don't stand in the way."

Also in the room that morning was...