THE LEGAL 

ODDESEY OF

MICHAEL SEGAL

a tale of law and disorder

The case against Michael Segal was a confusing mess of contradictions.

 

In essence, Segal was accused of mismanaging Near North Inusrance, the company he had spent decades building. The government claimed he misappropriated funds, and defrauded his clients.

 

On the surface, the charges may have seemed simple. Yet the closer you looked, the less sense they made. To begin with, there was one undisputed fact: not one of Michael Segal's clients ever reported a financial or service loss of any kind, an item the judge who presided over the case couldn’t help but remark upon in the record.

 

Inane as the concept of victimless fraud may seem, it is only the beginning of the case’s many layers of madness. To dig deeper is to discover a nightmarish saga of cyber-crimes, unwarranted surveillance, corporate saboteurs, and overzealous prosecutors. It is a sensational example of over-criminalization, as the entire government case was based on stretching a supposed violation of a state accounting regulation into a federal crime.

 

In subsequent re-evaluations of the case, numerous legal observers have stated that Segal was clearly over-charged and over-punished; and further, many have questioned whether he ever should have faced a criminal indictment to begin with.

As part of his commitment to legal advocacy and reform, Michael Segal has elected to share as much of his story as possible. To that end, in addition to co-authoring the legal memoir Convicted at any Cost, he has collected the reams of primary evidence, court documents, and filings that comprise his case record, and made them available here.

This considerable catalogue is perhaps too exhaustive for a casual reader.  It will, however, likely be of interest to the many journalists, attorneys, business people, and law students who have come to recognize the incredible questions relating to cybercrime, due process, insurance law, and the Fourth and Fifth Amendments that arose from Michael's prosecution.

It is Michael's hope that this trove may be of use to future business leaders, legal professionals, and law makers who wish to improve the imperfect judicial system they inherited.

PIECES OF THE PUZZLE

THE BACKGROUND

The following documents provide overviews and context for Michael Segal's case.  They should offer readers with little to no frame of reference a thorough entry into the story. 

 

INTRODUCTION

Powerpoint presentation giving overview of the case and key points.

WHITE PAPER

Detailed account of legal issues at play, charges, and prosecution.

PROSECUTION

Powerpoint explaining basis of government prosecution.

RELEVANCE

Background on pertinent statues and regulations; gov't misrepresentation.

MISAPpLICATION of law

Explanation of financial laws, fiduciary responsibility, rulings.

MANUFACTURED CRIME

White paper arguing that the entire Segal case was a "manufactured crime."

NOTES ON CONDUCT

White paper examining actions of prosecution in Segal case.

MISREPRESENTED ACCOUNTING

Analysis of inaccurately represented accounting "evidence."

ADDITIONAL INFORMATION

To read more of the case filings, court documents, White Papers, memos, and other pertinent materials that comprise the Segal case, please click below.

KEY ISSUE SUMMARIES

The collected archive has been organzied within varying areas of legal and scholarly interest. Please note: while an intense effort has been made to include as many primary documents as possible, the collection may continue to grow as new materials become available, and/or are digitized. 

 
Among the many wild actions taken by the  government during the Segal case was the misuse of RICO laws. Prosectors lumped unaffiliated assets together, labeled respected businesses as criminal, and seized holdings outside their purview.

FORFEITURE

filings and letters

The Michael Segal case was a bizarre patchwork of ever-evolving charges, many of which were contradictory in nature. Throughout the process, as prosecution found itself pot-committed, Michael's right to due process became a vague afterthought.

DUE PROCESS

fourth amendment

The Segal defense team submitted several motions prior to the trial, seeking hearings on matters related to evidence, discovery, and the role of local media.

PRE TRIAL

constitutional motions

Once the actions of the local United States Attorney's office became untenable, the Segal defense team appealed to the United States Department of Justice, seeking misconduct reviews, and calling for reform.

DEPT OF JUSTICE

requests for review

Petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Seventh Circuit.

SUPREME COURT

judgement review

Numerous observes characterized several prosectors involved in the Michael Segal as wildly overzealous. Their conduct and its impact on the defendant's rights to due process was frequently cause for alarm.

LEGAL ETHICS

notes on conduct

Part of the Segal case involved a number of emails and documents that were unlawfully ripped from the Near North servers. The use of these hacked documents constituted an egregious violation of due process.

CYBER CRIMES

hacking and invasion

The evidence brought against Michael Segal was often misrepresented, drawn from questionable sources, and put forth by dubious actors.

EVIDENCE

fifth amendment

RESOURCES AND REFERENCES

The following organizations work in varying capacities to encourage judicial reform, and improve the American legal system. Aside from standard donations and charitable gifts, Michael Segal is not professionally affiliated with these groups.

 

BRENNAN CENTER FOR JUSTICE

Non-partisaan law/policy instituted focused on judicial and democratic reform.

THE MARSHAL PROJECT

Nonprofit news group committed to raising awareness around legal issues. 

PROSECUTOR INTEGRITY

Center dedicated to restoring presumption of innocence, ending wrongful convictions.

PROSECUTORIAL ACCOUNTABILITY

Informal group of legal professionals concerned about state of  judicial ethics.

SELECT MEDIA

Accounts of serious issues within the justice system appear regularly in major newspapers all across the country; though the less "thrilling," non-violent cases rarely seems to capture significant attention.  

Here are some typical examples:

 

June 18, 2018

What Happens When Prosecutors Break the Law?

New York Times | A major scandal unfolding on Long Island over the last 13 months shows how the justice system all too often falls silent when the culprit is a prosecutor, and the victim is an ordinary citizen accused of a crime.

By Nina Morrison

Jan. 17, 2018

Prosecutors Had the Wrong Man. They Prosecuted Him Anyway.

New York Times | Robert Jones spent more than 23 years in prison before being cleared of a murder he did not commit.  Today, Mr. Jones sued, charging that prosecutors had deliberately and repeatedly covered up evidence that would have undermined the case against him

By Michael Wines

March 8, 2017

Another study finds few consequences for prosecutor misconduct

the Washington Post | The New England Center for Investigative Reporting just published a massive study of prosecutor misconduct in Massachusetts going back to 1985. The report found more than 1,000 cases in which misconduct was alleged by criminal defendants and 120 in which a state appeals court reversed conviction due to misconduct.

By Radley Balko

July 4, 2016

Reining in Prosecutorial Misconduct

Wall Street Journal | Criminalizing financial conduct, not disclosing evidence—the rulebreakers need new and clearer rules.

April 16, 2016

No Justice for Business

Wall Street Journal | A small Minnesota company fights a bad prosecution — and wins. But where’s the redress?

by the Editorial Board

April 6, 2016

Prosecutors have too much power. Juries should rein them in

the Washington Post | In today’s system, prosecutors hold almost all the cards. The prosecutor’s unreviewable decision whether to charge someone with a crime is, for all practical purposes, the most important part of the criminal justice system, yet it is a decision to which no due process attaches.

by Glenn Harlan Reynolds

Aug. 3, 2015

Ex-Justice Dept. Officials Argue Against Federal Prosecutors in Supreme Court Brief

New York TimesAn extraordinary brief filed last week in the Supreme Court has put the Justice Department in an awkward spot.

By Adam Liptak

April 8, 2015

When everything is a crime

the Washington Post | Criticisms of the overcriminalization of American life might catalyze an appreciation of the toll the administrative state is taking on the criminal justice system, and liberty generally.

By George F. Will

Jan 7, 2015

The Overcriminalization of America

Politico | It is surprisingly easy for otherwise law-abiding citizens to run afoul of the overwhelming number of federal and state criminal laws. This proliferation is sometimes referred to as “overcriminalization,” which affects us all but most profoundly harms our disadvantaged citizens. 

By Charles Koch and Mark V. Holden

Oct 15, 2014

Fed Up With Govt Misconduct, Federal Judge Takes Nuclear Option

The Observer | Federal Prosecutor Alleges Boss Pressured Him To Engage in 'Unethical Conduct'; Judge Calls Abuses 'Egregious,' 'Pervasive,' and 'Reprehensible'

By Sidney Powell

Jan. 4, 2014

Rampant Prosecutorial Misconduct

New York Times | In the justice system, prosecutors have the power to decide what criminal charges to bring, and since 97 percent of cases are resolved without a trial, those decisions are almost always the most important factor in the outcome.

By The Editorial Board

Dec 28, 2011

Justice and Prosecutorial Misconduct

Wall Street Journal | Michael Morton was exonerated this month after being wrongfully convicted of murdering his wife and serving nearly 25 years in prison. In seeking to prove Mr. Morton’s innocence, his lawyers found evidence in recently unsealed court records that the prosecutor in the original trial had withheld critical evidence that may have helped Mr. Morton.

Editorial

Please reload

© 2020 by Michael Segal.

Site by JacobMurphyMedia.com

  • LinkedIn Social Icon
  • Facebook Social Icon