FILES FROM
THE CASE
the legal archive
THE BACKGROUND
overview and context
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.
DUE PROCESS
fourth amendment issues
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.
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.
EVIDENCE AND SEARCH
fifth amendment issues
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.
PRE TRIAL
constitutional motions
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).
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).
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.
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.
LEGAL ETHICS
notes on prosecutorial conduct
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.
FORFEITURE FILINGS
claims and letters
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.
