FILES FROM

THE CASE

the legal archive

THE BACKGROUND

overview and context

Written in 2017

Timeline (in Brief)

Timeline (from 2002 - 2017) of the major events in the prosecution of Michael Segal.

Written in 2017

Timeline (Comprehensive)

Master, detailed timeline (from 2002 - 2017) of all the document events in the prosecution of Michael Segal.

Written in 2017

Cast of Characters

Breakdown of all the principal actors involved in the Michael Segal case.

From 2003

Near North Business Profile

Business profile of Michael Segal's former business/insurance brokerage, Near North Insurance.

From 2005

Takeover Group

Executive summary regarding the actions undertaken by the group of corporate saboteurs and rivals commonly referred to as, "The Takeover Group."

Published in 2018

Excerpt from Convicted at any Cost

An overview of the civil tax assessment case (in the U.S. Tax Court) that the Internal Revenue Service pursued against Segal (separate from the forfeiture proceedings). Another circus, the case began with yet another vigorous attack of Mr. Segal.  Yet as the case progressed, IRS agents new to the proceedings seemed to realize their case was built on dubious evidence, and ultimately the case against Segal (in U.S. Tax Court) was dropped.

Published in 2010

Notes on IRS

Paper with supporting documents show that Chicago-based IRS agents played a crucial role in the manufacture of a Klein Tax Conspiracy charge (a straddle crime for sentencing, which added approximately 36 months to Mr. Segal’s original sentence). This charge was, arguably, a strategy undertaken by prosecution to silence/punish Segal for raising issues related to misconduct.

From 2009

Consequences

White paper detailing reevaluations of the Segal case. While presiding over the trial, Judge Castillo ruled in the record that, "Segal's (actions) did not result in a loss to his clients, and looking to the economic reality of what occurred here (...) there was no loss." 

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DUE PROCESS

fourth amendment issues

From 2005

Notes on Misplaced Evidence

Comprehensive memo detailing violations of Segal's Fourth and Sixth Amendment rights; inconsistencies in the federal case; "lost" evidence; and the ways in which RICO charges were used to mask infringement of Segal's right to due process. 

From 2005

Additional Notes on Misplaced Evidence

Further supplements related to federal inconsistencies; notes on prosecution's "lost" notes/evidence.

From 2013

Violations of Due Process, pt. 1

Outlines evidence of multiple violations of due process; including: cyber-hacking, illegal taping of defense attorneys, material uncorrected misrepresentations, the hiding of exculpatory evidence and the failure to disclose benefits to government witnesses involved in the criminal prosecution of Michael Segal.

From 2013

Violations of Due Process, pt. 2

Offers specific examples of misrepresented evidence.

From 2003

Transcripts of Government Taping Segal Legal Team

Transcripts of Government taping Segal's defense counsel and interefering with exculpatory evidence. Demonstrates practices of illegal search and seizure.

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CYBER CRIMES

hacking and invasion

Nov 22, 2002

Motion For The Return Of Privileged Information Seized By The Government

When government agents first raided Michael Segal's offices and residences, they seized documents indiscriminately, and took possession of materials constitutionally protected by attorney-client privilege. Despite the fact that they never should have had access to such property to begin with, they elected to retain possession of it. In this motion, the Segal legal team asks for its return, and requests it be barred in court. 

Feb 19, 2003

Motion by the Prosecution asking Court to Reconsider its Order Requiring the Return of Privlidged Information

In this extraordinary motion, the prosecution asks the court for permission to keep all the documents it seized when executing the January 2002 warrants, including material that the defense identified as privileged, attorney-client communication.

From 2006

Government Taping Segal Defense Team

Timeline charting government agents taping conversations within the Segal defense team.

From 2006

Violations of Search Protocls

Timeline(s) of searches undertaken by government agents that accounts for instances in which prosecutors and law enforcement agents improperly accessed materials constitutionally protected by attorney/client privilege.

From 2003

Hacking Schematic

Detail of hacking timeline, taken from court.

From 2003

Hacking Articles

Collection of articles taken from local media, detailing federal knowledge of hacks (originally published 2003).

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EVIDENCE AND SEARCH

fifth amendment issues

From 2005

Supported Summary of Accounting

Collection of semi-categorized notes detailing Near North Insurance's financial practices and procedures. Offers supported facts of accounting processes, and thereby disputes the incomplete, inaccurate picture painted by prosecution.

From 2005

Accounting Practices

Memo concerning method in which legal accounting practices were distorted when presented as "evidence." Provides examples of prosecutor misrepresenting vetting, and misapplying relevant laws and statutes.

From 2005

Paper on Misrepresenting Evidence

Notes concerning government actions related to constructing, rather than following, a trail of evidence. Details how prosecution cherry picked a narrative, misrepresented evidenced, and worked to mischaracterize Segal, and taint him politically.

From 2011

Investigation of "Evidence"

Thourough overview and examination of instances in which government agents presented misleading and inaccurate evidence. Articulates fundamental flaws in the case as presented by prosecution.

From 2013

Interrogation of Government Evidence, Pt. 1

Detailed examination of key piece of false, manufactured "evidence" submitted by United States Attorney's office. Demonstrates the process in which mischaracterization and misrepresentation of the exhibit created a new charge for a non-existent crime. 

From 2013

Further Evidence of Manufactured Crime

Further analysis of government "evidence." Examines credibility of charges (related to non-existent crimes) that were at the root of additional incarceration.

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PRE TRIAL

constitutional motions

June 10, 2003

Evidentiary Hearing Request

Motion by Segal defense team requesting hearing relating to issues concerning massive cyber-crimes and violation of attorney/client privilege.

Aug 1, 2003

Motion in Support of Evidentiary Hearing Request

Motion supporting previous month's evidentiary hearing request. Concerns government’s incomplete and inaccurate response to Segal defense's initial filing.

Sept 19, 2003

Motion to Dismiss

Request for court to dismiss nine of ten counts. Supplies court with documents, evidence and support for dismissal.

Aug, 23 2004

Post-Conviction Motions for Judgement Acquittal

Motions for Judgment of Acquittal, A New Trial, and Arrest of Judgment. Filed in the United States District Court, Northern Illinois, Eastern Division.

Nov 23, 2004

Reply in Support of Motions

Motion from the Segal legal team, replying to the government's response to original submissions. 

Collected in 2004

Schedule of Calls

This catalouge of correspondence tracks communication between government agents, members of the prosecution, former staffers of Near North Insurance (who were pursuing a hostile takeover), and members of the media.  When examined, these calls demonstrate collusion between parties, and offer evidence that privileged, legally-protect information was being shared (in clear violation of Michael's Segal's constitutional rights).

June 2, 2004

Motion to Limit Media

Motion drafted by the Segal legal team, asking the court to limit statements to the media from pertinent parties (in order to help ensure a fair trial, and encourage jury's impartiality).

Feb 28, 2010

Overview of Government Response (Evidentiary Hearing)

Explanation of Government’s answer to Segal defense's Motion for Reconsideration of an Evidentiary Hearing (related to cyber-crimes).

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DEPARTMENT OF JUSTICE

requests for review of conduct and evidence

June 8, 2010

Letter to Department of Justice

Letter from Brand Law Group (drafted by James Cole, future First Assistant Deputy to Attorney General Eric Holder) requesting that the Department of Justice conduct an official review of prosecutorial conduct during the investigation and prosecution of Michael Segal (specifically: the United States Attorney’s Office for the Northern District of Illinois and the FBI Chicago Field Office).

June 8, 2010

Attachment: Department of Justice Letter

Affidavit offered as support of request for review submitted to Department of Justice

June 8, 2010

Attachment (pt. 2): Department of Justice Letter

Documents offered as support of request for review submitted to Department of Justice

May 6, 2011

Response from Department of Justice

Brief response from Department of Justice counsel, declining to review conduct pertaining to Segal case, citing mischaracterized events/evidence.

Nov 4, 2011

Letter: Detailed Rebuttal to Department of Justice

Detailed response from Brand Law Group to Department of Justice's dismissal of conduct claims. Offers thorough overview of legal issues at play, and demonstrates need for review and oversight.

May 5, 2013

First Letter to Attorney General, Eric Holder

Letter from Cognetti & Cimini to Department of Justice and United States Attorney, Eric Holder, requesting an official review of the issues surrounding the Segal case.  Summarizes instances of prosecutorial misconduct and overreach, and suggests repeated violations of federal law and DOJ practices.

Dec 16, 2014

Second Letter to Attorney General, Eric Holder

Second plea from Cognetti & Cimini to Department of Justice and United States Attorney, Eric Holder, requesting the Department of Justice step into the Segal case, and halt the vindictive practices of the local USAG.  Asks Mr. Holder for the D.C. office to conduct a review of the cases's forfeiture issues, and thereby contribute to a more just resolution in settlement proceedings.

April 04, 2016

Third Letter to Attorney General, Eric Holder

Final plea from Cognetti & Cimini to United States Attorney, Eric Holder for assistance from the D.C. office of the Department of Justice.

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SUPREME COURT

judgement review

September 16, 2011

Writ of Certiorari to the United States Court of Appeals

Writ of certiorari authored by the Michael Segal legal team, requesting a review of the issues surrounding the Segal case, and for a review of the judgment issued by the United States Court of Appeals.  Cites case law and court records, and clearly articulates the fundamental flaws inherent in the charges levied against Mr. Segal.

September 16, 2011

Writ of Certiorari; Reply Brief for the Petitioner

Argument in support of current Supreme Court Filing.

Jan 5, 2012

Letter to Solicitor General

Letter from the office of Mayer Brown to the office of the Solicitor General at the Department of Justice, urging the government to take action on review, and demonstrating how the "harmless-error" theory cited by prosecution is, ultimately, untenable.

Jan 5, 2012

Appendix of Letter from Counsel to Solicitor General

Primary document cited by Mayer Brown in letter to Solicitor General.  (The original indictment).

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LEGAL ETHICS

notes on prosecutorial conduct

From 2012

Timeline

Memo detailing Segal legal team's pleas for judicial reform and calls to end prosecutorial misconduct. Also includes government "responses."

From 2013

White Paper on Conduct

Memo from legal scholar examining how prosecutorial conduct in the Segal case led directly to unjust verdicts. (Please note: this document can also be found under "The Background").

Collected 2014

Media Articles Concerning Federal Prosector William Hogan

Michael Segal's prosecution was overseen by William "Bill" Hogan, a federal prosector who is arguably best known for having been fired from the justice department following findings of misconduct in the famous "El Rukn" case.  This collection of articles charts his many falls.

From 2013

Memo Concerning Misconduct

Additional memo from legal scholar articulating the relationship between corporate rivals and federal prosecution. Provides details on specific instances of prosecutorial misconduct.

Sept 4, 2013

Letter to United States Attorney

Letter from Cognetti & Cimini to acting Acting United States Attorney, Gary Shapiro, requesting the removal of federal prosecutor William Hogan from the Michael Segal Case. Details Hogan's relavent background, and cites specific instances of misconduct.

Oct 18, 2013

Second Letter to United States Attorney

Second letter from Cognetti & Cimini to acting Acting United States Attorney, Gary Shapiro, delving into the actions of William Hogan.

Collected 2014

Federal Prosector William Hogan, part two

Second collection of articles concerning the character and misconduct of federal prosector Michael Hogan.

Aug 25, 2015

Letter to General Counsel, Dept. of Justice

Letter from Frontier Solutions to Department of Justice, again requesting for removal of William Hogan from the Segal case. Cites Hogan's on-going, unethical behavior, lack of critical supervision.

Sept 8, 2015

Response: General Counsel, Dept. of Justice

Boilerplate response of Department of Justice to notice from Frontier Solutions.

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FORFEITURE FILINGS

claims and letters

October 5, 2016

Motion to Modify Forfeiture Order

Calls for the federal government to return assets and personal property.

April 21, 2017

Brief in Support of Modify Request

Asking court to comply with its obligations under Federal Rule of Criminal Procedure.

May 1, 2017

Response to Motion to Strike

Response to the Government’s Motion to Strike; refutes the misrepresented evidence put forth by United States District Attorney William Hogan. 

Aug 9, 2017

Motion to Amend the July 17, 2017 Order

Petitions the court to, essentially, allow Michael Segal fair access to assets that were irreverent to the case  

March 6, 2018

Appellant Brief for the Seventh Circuit

Argument detailing the ways in which assets unrelated to and separate from the case were taken from Michael Segal and his family.  Segal legal team seeks recovery of unjustly seized assets.

May 5, 2018

The Never Ending Case

An article by Pulitzer Prize winning journalist Maurice Poshly commenting on the later phases of Michael Segal's legal ordeal.  Discussing the lengths the prosecution has gone to in an effort to repeatedly punish Mr. Segal, Mr. Possley (an expert on topics related to wrongful conviction and prosecutorial misconduct) compares the absurdity of the Segal case and the vindictive actions of Assistant United States Attorney William Hogan to the grotesque caricatures of courtroom life conjured up by Charles Dickens in his 19th century novel, Bleak House.

October 10, 2018

Appellate Reply Brief

The most recent filing in the Segal case, in which the Segal legal team presents a clear picture of reality of the forfeiture proceedings, and plainly shows how prosecution over-punished Mr. Segal, and seized assets in excess of the forfeiture order(s).

 

This detailed document clearly charts the timeline of Mr. Segal's forfeiture battle, demonstrates the manner in which government agents attempted to re-define and inflate the assets Mr. Segal owed, and asks that all assets seized above the amount stated in the amended forfeiture order be returned to Mr. Segal.  

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