LIT COMMENTARY
So much for a jury trial, the judge overturned the guilty verdict and acquitted the lawyer…
Deliberations concluded. The jury returns a verdict of guilty as to counts one and two of the second superseding indictment as to defendant Edward Lee Filer. Judgment of guilty is entered on the verdict.
Cause is referred to the Probation Office for the preparation of a presentence investigation report. The Probation Office shall disclose the sentencing recommendation to the parties. Defendant Filer’s deadline to file any post-trial motions is 7/16/21. The Government’s response shall be filed on or before 7/30/21. Defendant Filer may file a response on or before 8/6/21.
Defendant’s sentencing submission shall be filed by 11/1/21. Government’s sentencing submission shall be filed by 11/11/21.
Sentencing set for 11/18/21 at 10:00 a.m. Signed by the Honorable Harry D. Leinenweber on 7/1/2021
Note: We’re manually pullin’ down the docket onto Court Listener as this case is proceeding. Jury trial set for 6/7/21 is re-set to 6/11/21 at 10:00 a.m. in Courtroom 2541. – No update on the Jury trial provided as at 13 June, 2021.
The Government’s unopposed motion to dismiss with prejudice certain counts as to Defendant Filer 145 is granted.
Counts 7, 9, 10, and 13 of the second superseding indictment are dismissed with prejudice as to Defendant Filer.
No appearance needed on 6/10/21. Mailed notice (maf) (Entered: 06/09/2021)
On Thursday, July 1, 2021 Chicago Attorney Edward Lee Filer was found guilty by jury. Sentencing is set for Nov. 18, 2021 at 10am.https://t.co/apRVrKEpOB
— LawsInTexas (@lawsintexasusa) July 4, 2021
Will Chicago Courts Protect the Gangsta Lawyer? The Attorney Immunity Defense will Surely be Presented…
A former partner with Freeborn & Peters in Chicago has been charged in an alleged scheme to protect a client’s assets by creating a sham secured creditor with a senior lien on assets sought by other creditors.
The former partner, Edward Lee Filer, was charged in a July 11 federal indictment with two counts of wire fraud and eight counts of bankruptcy fraud, according to a press release by the U.S. Attorney’s Office for the Western District of Wisconsin. Crain’s Chicago Business covered the indictment.
Freeborn & Peters’ extensive cooperation was essential to the investigation, according to a statement in the press release by U.S. Attorney Scott Blader. Filer is currently of counsel to the Roetzel law firm.
Also charged with wire and bankruptcy fraud were Paul Michael Kelly, Filer’s client and neighbor in Clarendon Hills, Illinois, and consultant Robert Joseph Gereg of Osprey, Florida.
Kelly owned the Barsanti Woodwork Corp. The three men are accused of engaging in fraudulent transactions to falsely represent to Barsanti Woodwork creditors and later to a bankruptcy trustee that the company’s assets had been taken by a secured creditor.
Gereg was held out as the owner of BWC Capital, the sham secured creditor, though he secretly assigned his interest in BWC to a trust controlled by Kelly, prosecutors said. BWC allegedly used Barsanti Woodwork funds to purchase Barsanti’s secured debt from Harris Bank at a discount.
Filer’s lawyer, Ron Safer, told Crain’s Chicago Business that Filer acted “as a vigorous advocate for a family friend and client” and had no financial interest in the case. “We believe this is an unprecedented and unwise prosecution,” he told the publication in an email. “Ed did nothing wrong, and we look forward to proving his innocence.”
Freeborn & Peters partner Michael Kelly told Crain’s Chicago Business that the law firm “never would have condoned or tolerated the conduct that is alleged, had we known about it.”
AGPAXTON.COM
ACCUSED ATTORNEY ‘OF COUNSEL’: FILER
Mr. Filer focuses his practice on construction, real estate, and banking law and has over two decades of experience in construction law, commercial real estate, commercial banking, mergers and acquisitions, and the general representation of privately held corporations.
Mr. Filer represents material suppliers, subcontractors, contractors, construction managers, design builders, architects, owners, developers, landlords, tenants, sureties, and financial institutions in every aspect of their business. He recognizes that each of his clients has unique needs, and he uses his exceptional problem solving approach to ensure that his clients are able to achieve their goals whether that be in the board room or the courtroom.
Mr. Filer has been recognized as an Illinois Super Lawyer, from 2012-2019, in Construction Litigation and has also been recognized as an Illinois Leading Lawyer® since 2010. He is licensed to practice law in Illinois and Wisconsin.
Roetzel & Andress
30 N. LaSalle Street
Suite 2800
Chicago, IL 60602
P 312.582.1627 | F 312.580.1201
INVESTMENT & MORTGAGE BANKING CONSULTANT : GEREG
Capital Resource Associates is a Florida Fictitious Name filed on July 23, 2012. The company’s filing status is listed as Active and its File Number is G12000073287. The company’s principal address is 678 Clear Creek Drive, Osprey, FL 34229.
The company has 1 principal on record. The principal is Robert J Gereg from Osprey FL.
Force 5 Holdings, Inc. is a Florida Domestic Profit Corporation filed on November 13, 2007. The company’s filing status is listed as Inactive and its File Number is P07000123382.
The Registered Agent on file for this company is Gereg Robert J and is located at 6506 Spyglass Lane, Bradenton, FL 34202. The company’s principal address is 6506 Spyglass Lane, Bradenton, FL 34202 and its mailing address is 6506 Spyglass Lane, Bradenton, FL 34202.
The company has 1 principal on record. The principal is Robert J Gereg from Bradenton FL.
WOODWORKER & BUSINESS OWNER IN BANKRUPTCY: KELLY
Paul Kelly, Executive VP (2006)
Paul M. Kelly joined Barsanti management on April 17, 2006, as executive vice president and minority stockholder. He comes to us with extensive management and sales experience.
Paul will provide you with the high level of service and fine results the construction industry has come to expect from Barsanti Woodwork Corporation.
Paul holds an MBA from Loras College in Dubuque, Iowa. He and his wife, Julie, have three sons.
United States District Court
Northern District of Illinois – CM/ECF LIVE, Ver 6.3.3 (Chicago)
CRIMINAL DOCKET FOR CASE #: 1:19-cr-00565-1
Case title: USA v. Filer et al
Date Filed: 07/11/2019
Assigned to: Honorable Harry D. Leinenweber
Defendant (1)
Edward Lee Filer represented by Ronald S. Safer
Riley Safer Holmes & Cancila LLP
70 West Madison St
Suite 2900
Chicago, IL 60602
(312) 471-8736
Email: rsafer@rshc-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eli Joseph Litoff
Riley Safer Holmes & Cancila LLP
70 W. Madison
Suite 2900
Chicago, IL 60602
312-471-8780
Email: elitoff@rshc-law.com
ATTORNEY TO BE NOTICED
Valarie Hays
Riley Safer Holmes & Cancila LLP
70 W Madison Street
Suite 2900
Chicago, IL 60602
312-471-8700
Email: vhays@rshc-law.com
ATTORNEY TO BE NOTICED
Pending Counts
Disposition
FRAUD BY WIRE, RADIO, OR TELEVISION
(1-2)
FRAUD BY WIRE, RADIO, OR TELEVISION
(1s-2s)
FRAUD BY WIRE, RADIO, OR TELEVISION
(1ss-2ss)
BANKRUPTCY FRAUD
(3-4)
BANKRUPTCY FRAUD
(3s-4s)
BANKRUPTCY FRAUD
(3ss-4ss)
CONCEAL ASSETS, FALSE OATH AND CLAIMS BRIBERY
(5)
CONCEAL ASSETS, FALSE OATH AND CLAIMS BRIBERY
(5s)
CONCEAL ASSETS, FALSE OATH AND CLAIMS BRIBERY
(5ss)
BANKRUPTCY FRAUD
(6)
BANKRUPTCY FRAUD
(6s)
BANKRUPTCY FRAUD
(6ss)
CONCEAL ASSETS, FALSE OATH AND CLAIMS BRIBERY
(7-8)
CONCEAL ASSETS, FALSE OATH AND CLAIMS BRIBERY
(7s-8s)
CONCEAL ASSETS, FALSE OATH AND CLAIMS BRIBERY
(7ss-8ss)
BANKRUPTCY FRAUD
(9-10)
FRAUD BY WIRE, RADIO, OR TELEVISION
(9s-10s)
FRAUD BY WIRE, RADIO, OR TELEVISION
(9ss-10ss)
BANKRUPTCY FRAUD
(11s)
BANKRUPTCY FRAUD
(11ss)
FRAUD BY WIRE, RADIO, OR TELEVISION
(13s)
FRAUD BY WIRE, RADIO, OR TELEVISION
(13ss)
BANKRUPTCY FRAUD
(14s)
BANKRUPTCY FRAUD
(14ss)
FALSE DECLARATIONS BEFORE GRAND JURY/COURT
(15s)
FALSE DECLARATIONS BEFORE GRAND JURY/COURT
(15ss)
Highest Offense Level (Opening)
Felony
Terminated Counts
Disposition
None
Highest Offense Level (Terminated)
None
Complaints
Disposition
None
Plaintiff
USA represented by Brian Patrick Netols
United States Attorney’s Office (NDIL – Chicago)
219 South Dearborn Street
Chicago, IL 60604
(312) 353-5300
Email: Brian.Netols@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
AUSA – Chicago
United States Attorney’s Office (NDIL – Chicago)
219 South Dearborn Street
Chicago, IL 60604
Email: USAILN.ECFAUSA@usdoj.gov
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
Pretrial Services
.
(312) 435-5793
Email: ilnptdb_Court_Action_Notice@ilnpt.uscourts.gov
ATTORNEY TO BE NOTICED
Designation: Pretrial Services
Jeffrey S. Snell
United States Attorney’s Office (NDIL)
219 South Dearborn Street
Room 500
Chicago, IL 60604
(312) 469-6308
Email: jeffrey.snell2@usdoj.gov
ATTORNEY TO BE NOTICED
United States District Court
Northern District of Illinois – CM/ECF LIVE, Ver 6.3.3 (Chicago)
CRIMINAL DOCKET FOR CASE #: 1:19-cr-00565-1
| Case title: USA v. Filer et al | Date Filed: 07/11/2019 |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/01/2021 | 174 | JURY Verdict as to Edward Lee Filer (1) guilty on Count 1ss-2ss. Verdict form emailed to defendant’s counsel of record as to Edward Lee Filer (RESTRICTED.) (lma, ) (Entered: 07/02/2021) |
| 07/01/2021 | 173 | ORDER as to Edward Lee Filer: Trial ends – jury. Deliberations concluded. The jury returns a verdict of guilty as to counts one and two of the second superseding indictment as to defendant Edward Lee Filer. Judgment of guilty is entered on the verdict. Cause is referred to the Probation Office for the preparation of a presentence investigation report. The Probation Office shall disclose the sentencing recommendation to the parties. Defendant Filer’s deadline to file any post-trial motions is 7/16/21. The Government’s response shall be filed on or before 7/30/21. Defendant Filer may file a response on or before 8/6/21. Defendant’s sentencing submission shall be filed by 11/1/21. Government’s sentencing submission shall be filed by 11/11/21. Sentencing set for 11/18/21 at 10:00 a.m. Signed by the Honorable Harry D. Leinenweber on 7/1/2021. Mailed notice (lma, ) (Entered: 07/02/2021) |
| 06/30/2021 | 171 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held on 6/30/21. Evidence concluded. Deliberations began. Deliberations continued to 7/1/21 at 10:00 a.m. Mailed notice(maf) (Entered: 07/01/2021) |
| 06/29/2021 | 172 | MINUTE entry before the Honorable Harry D. Leinenweber: For the reasons stated on the record on 6/29/21 Defendant Filer’s motion to limit the expert testimony of Bruce Markell 167 is granted in part and denied in part. For the reasons stated on the record on 6/30/21 Defendant Filer’s renewed motion for judgment of acquittal 169 is granted in part and denied in part. Pursuant to Fed. R. Crim. P. 29, the Court enters a judgment of acquittal as to Count 8 of the second superseding indictment. Mailed notice(maf) (Entered: 07/01/2021) |
| 06/29/2021 | 170 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/30/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/30/2021) |
| 06/29/2021 | 169 |
MOTION by Edward Lee Filer for judgment of acquittal (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Litoff, Eli) (Entered: 06/29/2021) |
| 06/28/2021 | 168 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/29/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/29/2021) |
| 06/28/2021 | 167 | MOTION by Edward Lee Filer to Limit Expert Testimony of Bruce Markell (Litoff, Eli) (Entered: 06/28/2021) |
| 06/28/2021 | 166 | MINUTE entry before the Honorable Harry D. Leinenweber: For the reasons stated on the record on 6/28/21 Defendant Filer’s motion to treat Gereg as an adverse witness 163 is granted. For the reasons stated on the record on 6/28/21 the motion to preclude evidence or argument related to dismissed charges 162 is granted in part and denied in part. Mailed notice (maf) (Entered: 06/28/2021) |
| 06/28/2021 | 165 | MINUTE entry before the Honorable Harry D. Leinenweber: For the reasons stated on the record on 6/25/21 Defendant Filer’s motion to exclude the testimony of Pamela Wicker 155 is granted. For the reasons stated on the record on 6/25/21 Defendant Filer’s motion for judgment of acquittal 159 is granted in part and denied in part. Pursuant to Fed. R. Crim. P. 29, the Court enters a judgment of acquittal as to Counts 3-6, 11, 14, and 15. Mailed notice (maf) (Entered: 06/28/2021) |
| 06/28/2021 | 164 | MINUTE entry before the Honorable Harry D. Leinenweber: In light of the plea agreements entered into by Defendant Gereg 139 and Defendant Kelly 142 , the Government’s motions in limine 95 , 127 are denied as moot as to Defendants Gereg and Kelly. Mailed notice (maf) (Entered: 06/28/2021) |
| 06/27/2021 | 163 | MOTION by Edward Lee Filer to Permit Defendant to Treat Robert Gereg as an Adverse Witness and to Preclude the Government From Treating Mr. Gereg as an Adverse Witness (Litoff, Eli) (Entered: 06/27/2021) |
| 06/27/2021 | 162 | MOTION by Edward Lee Filer to exclude Evidence or Argument That Conduct Related to Dismissed Charges Was Fraudulent (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Litoff, Eli) (Entered: 06/27/2021) |
| 06/25/2021 | 161 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/28/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/25/2021) |
| 06/24/2021 | 160 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/25/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/25/2021) |
| 06/24/2021 | 159 | MOTION by Edward Lee Filer for judgment of acquittal (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L)(Litoff, Eli) (Entered: 06/24/2021) |
| 06/23/2021 | 158 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/24/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/24/2021) |
| 06/22/2021 | 157 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/23/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/23/2021) |
| 06/21/2021 | 156 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/22/21 at 1:00 p.m. Mailed notice (maf) (Entered: 06/21/2021) |
| 06/20/2021 | 155 | MOTION by Edward Lee Filer to exclude Testimony of Pamela Wicker (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Litoff, Eli) (Entered: 06/20/2021) |
| 06/17/2021 | 154 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/21/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/17/2021) |
| 06/16/2021 | 153 | SUPPLEMENTAL JURY INSTRUCTION by USA as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly (Durick, Katie) (Entered: 06/16/2021) |
| 06/16/2021 | 152 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/17/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/16/2021) |
| 06/15/2021 | 151 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/16/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/16/2021) |
| 06/14/2021 | 150 | MINUTE entry before the Honorable Harry D. Leinenweber: Jury trial held and continued to 6/15/21 at 10:00 a.m. Mailed notice (maf) (Entered: 06/15/2021) |
| 06/11/2021 | 149 | MINUTE entry before the Honorable Harry D. Leinenweber: Voir dire begins on 6/11/2021. Mailed notice (maf) (Entered: 06/15/2021) |
| 06/11/2021 | 148 | ORDER as to Edward Lee Filer (1): Trial begins – jury as to defendant Edward Lee Filer. Voir dire held and completed. Jury trial continued to 6/14/21 at 10:00 a.m. Signed by the Honorable Harry D. Leinenweber on 6/11/2021. Mailed notice (lma, ) (Entered: 06/14/2021) |
| 06/09/2021 | 147 | MINUTE entry before the Honorable Harry D. Leinenweber: The Government’s unopposed motion to dismiss with prejudice certain counts as to Defendant Filer 145 is granted. Counts 7, 9, 10, and 13 of the second superseding indictment are dismissed with prejudice as to Defendant Filer. No appearance needed on 6/10/21. Mailed notice (maf) (Entered: 06/09/2021) |
United States District Court
Northern District of Illinois – CM/ECF LIVE, Ver 6.3.3 (Chicago)
CRIMINAL DOCKET FOR CASE #: 1:19-cr-00565-1
| Case title: USA v. Filer et al | Date Filed: 07/11/2019 |
| Date Filed | # | Docket Text |
|---|---|---|
| 06/09/2021 | 147 | MINUTE entry before the Honorable Harry D. Leinenweber: The Government’s unopposed motion to dismiss with prejudice certain counts as to Defendant Filer 145 is granted. Counts 7, 9, 10, and 13 of the second superseding indictment are dismissed with prejudice as to Defendant Filer. No appearance needed on 6/10/21. Mailed notice (maf) (Entered: 06/09/2021) |
| 06/09/2021 | 146 | NOTICE of Motion by Brian Patrick Netols for presentment of motion to dismiss 145 before Honorable Harry D. Leinenweber on 6/10/2021 at 09:30 AM. (Netols, Brian) (Entered: 06/09/2021) |
| 06/09/2021 | 145 | MOTION by USA to dismiss as to Edward Lee Filer (Netols, Brian) (Entered: 06/09/2021) |
| 06/08/2021 | 144 | TRANSCRIPT OF PROCEEDINGS as to Edward Lee Filer held on 5-27-21, before the Honorable Harry D. Leinenweber. Pretrial Conference. Order Number: 40903. Court Reporter Contact Information: Sandra M. Tennis 312-554-8244, Sandra_Tennis@ilnd.uscourts.gov.IMPORTANT: The transcript may be viewed at the court’s public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court’s web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.
Redaction Request due 6/29/2021. Redacted Transcript Deadline set for 7/9/2021. Release of Transcript Restriction set for 9/6/2021. (Mullin, Sandra) (Entered: 06/08/2021) |
| 05/27/2021 | 140 | MEMORANDUM Opinion and Order as to Edward Lee Filer. For the reasons stated int the attached memorandum opinion and order, the Court grants in part and denies in part the Government’s motion to exclude and/or limit expert witness testimony (Dkt. No. 96). Signed by the Honorable Harry D. Leinenweber on 5/27/2021. Mailed notice (maf) (Entered: 05/27/2021) |
| 05/27/2021 | 137 | MINUTE entry before the Honorable Harry D. Leinenweber: Pre-trial video conference held for defendant Filer. For the reasons stated on the record Defendant Filer’s motions in limine 90 are granted in part and denied in part, the Government’s motions in limine are 95 are granted, and the Government’s supplemental motions in limine 127 are granted in part and denied in part. Jury trial set for 6/7/21 is re-set to 6/11/21 at 10:00 a.m. in Courtroom 2541. Time is excluded to 6/11/21 pursuant to 18 U.S.C. § 316l(h)(7)(A)(B) in the interest of justice and for reasons stated on the record. Mailed notice(maf) (Entered: 05/27/2021) |
| 05/26/2021 | 136 | SEALED Document (Durick, Katie) (Entered: 05/26/2021) |
| 05/26/2021 | 135 | REPLY by USA to MOTION by USA in limine as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly 127 (Durick, Katie) (Entered: 05/26/2021) |
| 05/25/2021 | 132 | SEALED RESPONSE to Government’s Supplemental Motions in Limine (Litoff, Eli) (Entered: 05/25/2021) |
| 05/25/2021 | 131 | RESPONSE by Edward Lee Filer to MOTION by USA in limine as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly 127 (Litoff, Eli) (Entered: 05/25/2021) |
| 05/24/2021 | 130 | MINUTE entry before the Honorable Harry D. Leinenweber: Pretrial Conference set for 5/25/21 is re-set to 5/27/21 at 1:00 p.m. via video conference for defendant Filer only. The video link will be emailed to the parties. Defendant Filer shall respond to the Governments motions in limine 127 on or before 5/25/21. The Government may reply on or before 5/26/21. The Court will rule during the parties’ pre-trial conference on 5/27/21. Pretrial conference set for 5/25/21 is vacated for defendants Gereg and Kelly. Mailed notice (maf) (Entered: 05/24/2021) |
| 05/21/2021 | 129 | MINUTE entry before the Honorable Harry D. Leinenweber: Government’s Unopposed Motion For An Order Permitting The Government To File Portions Of A Motion In Limine Under Seal 126 is granted. All parties are granted to leave to file documents under seal. Mailed notice (maf) (Entered: 05/21/2021) |
| 05/21/2021 | 128 | SEALED Document (Durick, Katie) (Entered: 05/21/2021) |
| 05/21/2021 | 127 | MOTION by USA in limine as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly (Durick, Katie) (Entered: 05/21/2021) |
| 05/21/2021 | 126 | MOTION by USA Government’s Unopposed Motion For An Order Permitting The Government To File Portions Of A Motion In Limine Under Seal as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly (Durick, Katie) (Entered: 05/21/2021) |
| 05/19/2021 | 125 | MINUTE entry before the Honorable Harry D. Leinenweber: Defendant Filer and the government shall submit to the Court agreed upon jury instructions and objections, proposed exhibit binders, exhibit lists and objections, agreed stipulations, statement of the case, and proposed voir dire questions and objections on or before 5/21/2021. Mailed notice (maf) (Entered: 05/19/2021) |
| 05/14/2021 | 122 | ORDER: For the reasons stated in the attached order, The Court accepts the Government’s Santiago Proffer (Dkt. No. 80) and conditionally admits the alleged co-conspirator statements set forth therein, pending the Government establishing at trial the requirements of FED R. EVID. 801(d)(2)(E), namely: (1) there was a conspiracy; (2) involving the out-of-court declarant and Defendants Edward Filer, Robert Gereg, and/or Paul Kelly; and (3) that the statement was made during the course and in furtherance of the conspiracy. Signed by the Honorable Harry D. Leinenweber on 5/14/2021.Mailed notice (maf) (Entered: 05/14/2021) |
| 05/13/2021 | 121 | ORDER: For the reasons stated in the attached order, Defendant Edward Filer’s motion to dismiss Counts 9, 10 and 13 (Dkt. No 89) is denied. Signed by the Honorable Harry D. Leinenweber on 5/13/2021. Mailed notice (maf) (Entered: 05/13/2021) |
| 05/13/2021 | 120 | MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion for leave to file a brief in excess pages 118 is granted as to Edward Lee Filer. Mailed notice(maf) (Entered: 05/13/2021) |
| 05/12/2021 | 119 | REPLY by Edward Lee Filer to MOTION by Edward Lee Filer in limine Consolidated Motions in Limine and Response to Government’s Motion to Admit Evidence Pursuant to Fed. R. Evid. 801(d)(2)(E) as it Pertains to the Alleged Bankruptcy Fraud Scheme 90 (Litoff, Eli) (Entered: 05/12/2021) |
| 05/12/2021 | 118 | MOTION by Edward Lee Filer for leave to file brief in excess of fifteen pages Instanter (Unopposed Motion) (Litoff, Eli) (Entered: 05/12/2021) |
| 05/10/2021 | 117 | REPLY by Edward Lee Filer to MOTION by Edward Lee Filer to dismiss Counts 9, 10, and 13 as to Defendant Filer and Response to the Government’s Motion to Admit Evidence Pursuant to Fed. R. Evid. 801(d)(2)(E) to the Extent it Pertains to a Tax Fraud Scheme 89 (Litoff, Eli) (Entered: 05/10/2021) |
| 05/07/2021 | 116 | REPLY by USA to response to motion 110 (Snell, Jeffrey) (Entered: 05/07/2021) |
| 05/05/2021 | 115 | RESPONSE by USA as to Edward Lee Filer, Robert Joseph Gereg regarding MOTION by Edward Lee Filer in limine Consolidated Motions in Limine and Response to Government’s Motion to Admit Evidence Pursuant to Fed. R. Evid. 801(d)(2)(E) as it Pertains to the Alleged Bankruptcy Fraud Scheme 90 (Snell, Jeffrey) (Entered: 05/05/2021) |
| 05/05/2021 | 114 | MINUTE entry before the Honorable Harry D. Leinenweber: The parties shall submit to the Court agreed upon jury instructions and objections, proposed exhibit binders, exhibit lists and objections, agreed stipulations, statement of the case, and proposed voir dire questions and objections on or before 5/18/21. Video pre-trial conference set for 5/20/21 at 10:00 a.m. is reset to 5/25/21 at 1:00 p.m. Dial in information will be provided. Mailed notice (maf) (Entered: 05/05/2021) |
| 05/04/2021 | 113 | MINUTE entry before the Honorable Harry D. Leinenweber: The Government’s motion to file an oversized brief and for extension of time to May 3, 2021 111 is granted. Defendant Filer may file a reply in support of his motion to dismiss on or before 5/10/21. Mailed notice (maf) (Entered: 05/04/2021) |
| 05/03/2021 | 112 | REPLY by USA to MOTION by Edward Lee Filer to dismiss Counts 9, 10, and 13 as to Defendant Filer and Response to the Government’s Motion to Admit Evidence Pursuant to Fed. R. Evid. 801(d)(2)(E) to the Extent it Pertains to a Tax Fraud Scheme 89 , MOTION by Edward Lee Filer in limine Consolidated Motions in Limine and Response to Government’s Motion to Admit Evidence Pursuant to Fed. R. Evid. 801(d)(2)(E) as it Pertains to the Alleged Bankruptcy Fraud Scheme 90 (Snell, Jeffrey) (Entered: 05/03/2021) |
| 05/03/2021 | 111 | MOTION by USA for leave as to Edward Lee Filer, Robert Joseph Gereg to File Oversized Consolidated Reply and Response on May 3, 2021 (Unopposed) (Snell, Jeffrey) (Entered: 05/03/2021) |
| 04/30/2021 | 110 | RESPONSE by Edward Lee Filer regarding MOTION by USA in limine as to Edward Lee Filer to Exclude and/or Limit Expert Witness Testimony 96 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Litoff, Eli) (Entered: 04/30/2021) |
| 04/30/2021 | 109 | RESPONSE by Edward Lee Filer as to Edward Lee Filer, Robert Joseph Gereg regarding MOTION by USA in limine as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly Consolidated Motions In Limine 95 (Litoff, Eli) (Entered: 04/30/2021) |
| 04/30/2021 | 108 | MINUTE entry before the Honorable Harry D. Leinenweber: The Government shall file a consolidated response to Defendant Filer’s motion to dismiss 89 and reply in support of the Government’s motion to admit evidence pursuant to Fed. R. Evid. 801(d)(2)(E) 80 by 4/30/21. Defendant Filer’s reply in support of his motion to dismiss, if any, is due by 5/7/21. The Government shall file a consolidated response to Defendants’ motions in limine [89, 90] by 5/5/21. Defendants’ reply, if any, is due by 5/12/21. The Court will rule by mail. Mailed notice(maf) (Entered: 04/30/2021) |
| 04/27/2021 | 107 | MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion for leave to file a brief in excess pages 106 is granted as to Edward Lee Filer. Mailed notice(maf) (Entered: 04/27/2021) |
| 04/26/2021 | 106 | MOTION by Edward Lee Filer for leave to file brief in excess of fifteen pages in Opposition to Government’s Motion to Exclude and/or Limit Expert Witness’ Testimony (UNOPPOSED MOTION) (Litoff, Eli) (Entered: 04/26/2021) |
| 04/21/2021 | 105 | MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status hearing held. Trial date set for 6/7/21 at 10:00 a.m. Defendants’ renewed motion for a bench trial 98 is withdrawn without prejudice. Defendant Gereg adopts Defendant Filer’s response to Government’s motion to admit evidence pursuant to Fed. R. Evid. 801(d)(2) related to a tax fraud scheme 89 and consolidated motions in limine and response to Government’s motion to admit evidence pursuant to Fed. R. Evid. 801(d)(2) related to a bankruptcy fraud scheme 90 . The Government shall provide its Santiago proffer by 4/30/21. Video pre-trial conference is set for 5/21/21 at 10:00 a.m. Dial in information will be provided. Mailed notice(maf) (Entered: 04/22/2021) |
| 04/20/2021 | 104 | REPLY by Edward Lee Filer to MOTION by Edward Lee Filer to Renew Motion for Bench Trial as to Edward Lee Filer, Robert Joseph Gereg 98 (Litoff, Eli) (Entered: 04/20/2021) |
| 04/19/2021 | 103 | SUPPLEMENT by Edward Lee Filer to motion in limine, 90 (Litoff, Eli) (Entered: 04/19/2021) |
| 04/19/2021 | 102 | RESPONSE by USA to MOTION by Edward Lee Filer to Renew Motion for Bench Trial as to Edward Lee Filer, Robert Joseph Gereg 98 (Snell, Jeffrey) (Entered: 04/19/2021) |
| 04/13/2021 | 101 | MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status hearing held and continued to 4/21/21 at 9:30 a.m. To join the conference parties shall dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. The Government shall respond to Defendant Filer’s renewed motion for a bench trial 98 on or before 4/19/21. Defendant Filer shall reply, if necessary, on or before 4/22/21. The Court will rule by mail. Mailed notice(maf) (Entered: 04/15/2021) |
| 04/12/2021 | 100 | MINUTE entry before the Honorable Harry D. Leinenweber: Defendant Filer’s motions in limine 90 are entered and continued generally until further order of the Court. Mailed notice (maf) (Entered: 04/12/2021) |
UPDATE: JAN 20, 2021
With the coronavirus impacting 2020, it’s no surprise when LIT burled around the cul-de-sac to see that the proceedings are still ongoing – to either a jury or bench trial on June 7, 2021. Save the date and we’ll check back in nearer the time to see if there’s been any serious movements.
p.s. you should read this court order by the Judge to get a tone for the case.
United States District Court
Northern District of Illinois – CM/ECF LIVE, Ver 6.3.3 (Chicago)
CRIMINAL DOCKET FOR CASE #: 1:19-cr-00565-1
| Case title: USA v. Filer et al | Date Filed: 07/11/2019 |
| Date Filed | # | Docket Text |
|---|---|---|
| 01/19/2021 | 78 | MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic ruling on motion hearing held. Defendant’s motion for a bench trial 74 is denied without prejudice with leave to re-file one month prior to the scheduled jury trial of 6/7/21. Telephonic status hearing set for 4/8/21 at 9:00 a.m. To join the conference parties shall dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) (Entered: 01/19/2021) |
| 01/14/2021 | 77 | MINUTE entry before the Honorable Harry D. Leinenweber: To join the conference on 1/19/21, parties shall dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) (Entered: 01/14/2021) |
| 01/11/2021 | 76 | REPLY by Edward Lee Filer to MOTION by Edward Lee Filer for Bench Trial as to Edward Lee Filer, Robert Joseph Gereg 74 (Attachments: # 1 Exhibit A)(Litoff, Eli) (Entered: 01/11/2021) |
| 01/04/2021 | 75 | RESPONSE by USA as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly regarding MOTION by Edward Lee Filer for Bench Trial as to Edward Lee Filer, Robert Joseph Gereg 74 (Snell, Jeffrey) (Entered: 01/04/2021) |
| 12/10/2020 | 74 | MOTION by Edward Lee Filer for Bench Trial as to Edward Lee Filer, Robert Joseph Gereg (Litoff, Eli) (Entered: 12/10/2020) |
| 12/03/2020 | 73 | MINUTE entry before the Honorable Harry D. Leinenweber: The Court grants Defendant Filer’s motion for status hearing 71 . Telephonic motion hearing held. Filer shall file his motion for bench trial on or before 12/10/20. The Government shall respond on or before 1/4/21. Filer shall reply on or before 1/11/21. The Court will rule by mail. Telephonic status hearing set for 1/19/21 at 9:45 a.m. Mailed notice (maf) (Entered: 12/03/2020) |
| 11/30/2020 | 72 | MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 12/3/2020 at 10:00 a.m.re: MOTION for Status Hearing 71 . Dial in information will be provided. Mailed notice (maf) (Entered: 11/30/2020) |
| 11/30/2020 | 71 | MOTION by Edward Lee Filer for Status Hearing as to Edward Lee Filer, Robert Joseph Gereg (Litoff, Eli) (Entered: 11/30/2020) |
| 10/07/2020 | 70 | ORDER as to Edward Lee Filer, Paul Michael Kelly: Telephonic status hearing held. Defendants consented to proceed via telephone. Jury trial set for 6/7/21 at 10:00 a.m. Without objection, time is excluded to 6/7/21 pursuant to 18 U.S.C. § 316l(h)(7)(A)(B) in the interest of justice and for reasons stated on the record. Signed by the Honorable Harry D. Leinenweber on 10/7/2020. Mailed notice. (sxb, ) (Entered: 10/07/2020) |
| 10/06/2020 | 68 | MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 10/7/20 at 10:15 a.m. is re-set to 10/7/20 9:45 a.m. for arraignment on the second superseding indictment and for further status. Mailed notice (maf) (Entered: 10/06/2020) |
| 09/18/2020 | 67 | MINUTE entry before the Honorable M. David Weisman as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly: Bonds previously issued in 19-CR-00565 to stand as bond in this instance as to all defendants. Mailed notice. (sxb, ) (Entered: 09/21/2020) |
| 09/18/2020 | 66 | DESIGNATION Sheet: FELONY (Category 3). (sxb, ) (Entered: 09/21/2020) |
| 09/18/2020 | 64 | SECOND SUPERSEDING INDICTMENT as to Edward Lee Filer (1) count(s) 1ss-2ss, 3ss-4ss, 5ss, 6ss, 7ss-8ss, 9ss-10ss, 11ss, 13ss, 14ss, 15ss, Robert Joseph Gereg (2) count(s) 1ss-2ss, 3ss-4ss, 5ss, 6ss, 7ss, 9ss-10ss, 11ss, 12ss, 13ss, 14ss, 16ss-21ss, Paul Michael Kelly (3) count(s) 1ss-2ss, 3ss-4ss, 5ss, 9ss-10ss, 13ss (sxb, ) (Entered: 09/21/2020) |
| 09/01/2020 | 63 | MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status hearing held and continued to 10/7/20 at 10:15 a.m. In the interest of justice, time is excluded through and including 10/7/20 pursuant to 18 U.S.C. § 3161(h)(7)(A)(B). Mailed notice(maf) (Entered: 09/01/2020) |
| 08/28/2020 | 62 | STATUS REPORT by USA as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly (Netols, Brian) (Entered: 08/28/2020) |
| 07/10/2020 | 61 | ORDER as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020. Mailed notice. (clerk1, Docket) (Entered: 07/10/2020) |
| 07/07/2020 | 60 | MINUTE entry before the Honorable Harry D. Leinenweber: After reviewing the parties’ joint status report 59 , the Court sets the following pretrial deadlines: 1) The Government shall disclose experts(s) 120 days before trial; 2) The Defendants shall disclose expert(s) 90 days before trial; 3) the Government shall provide its Santiago proffer, disclosure of any 404(b) material, Giglio material, and any remaining 18 U.S.C. § 3500 material 90 days before trial; 4) the Government shall disclose rebuttal expert(s), if any are retained, 60 days before trial; 5) the parties shall file motions in limine 60 days before trial; 6) the parties shall file responses to motions in limine 45 days before trial; 7) the parties shall file replies in support of motions in limine 35 days before trial; 8) the parties shall submit to the Court agreed upon jury instructions and objections, proposed exhibit binders, exhibit lists and objections, agreed stipulations, statement of the case, and proposed voir dire questions and objections 14 days before trial; & 9) the pretrial hearing will be set 7 days before trial. Status hearing set for 7/15/20 is re-set to 9/1/20 at 9:45 a.m. for all defendants. Dial in information will be provided to counsel as the status hearing will proceed telephonically. In the interest of justice, time is excluded to 9/1/20 pursuant to 18 U.S.C. 3161(h)(7)(A)(B) Mailed notice (maf) (Entered: 07/07/2020) |
| 06/22/2020 | 59 | STATUS REPORT by Edward Lee Filer as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly (Litoff, Eli) (Entered: 06/22/2020) |
| 05/29/2020 | 58 | ORDER as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly Signed by the Honorable Harry D. Leinenweber on 5/29/2020. Mailed notice. (docket8, ) (Entered: 06/01/2020) |
| 05/27/2020 | 57 | MINUTE entry before the Honorable Harry D. Leinenweber: Pursuant to the Court’s Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY, the status hearing set for 5/28/20 is re-set to 7/15/20 at 9:15 a.m. for all defendants. In the interest of justice, time is excluded to 7/15/20 pursuant to 18 U.S.C. 3161(h)(7)(A)(B) Mailed notice (maf) (Entered: 05/27/2020) |
| 05/26/2020 | 56 | ORDER as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020. Mailed notice. (docket13, ) (Entered: 05/26/2020) |
| 04/24/2020 | 55 | ORDER as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020. Mailed notice. (docket13, ) (Entered: 04/27/2020) |
| 04/06/2020 | 54 | MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing set for 4/23/20 is re-set to 5/28/20 at 9:00 a.m. for all defendants. In the interest of justice, time is excluded to 5/28/20 pursuant to 18 U.S.C. 3161(h)(7)(A)(B) Mailed notice (maf) (Entered: 04/06/2020) |
| 03/30/2020 | 53 | ORDER as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020. Mailed notice. (docket16, ) (Entered: 03/31/2020) |
| 03/17/2020 | 52 | ORDER as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly On March 17, 2020, Amended General Order 20-0012 was further revised for all criminal matters. Paragraph 3(i) of the Amended Order, related to criminal matters, is hereby replaced with the following language: All other criminal hearings of any kind scheduled from March 17, 2020 until April 3, 2020 are stricken from the calendar, to be re-set by the presiding judge for a date on or after April 6, 2020. Also, any other deadlines, including motions, briefing, and discovery deadlines, whether set by the court or by the Rules of Criminal Procedure or Local Rules, are hereby extended by 21 days from the current deadline set. This 21-day extension is subject to modification by the presiding judge assigned to the case. See attached order. Revisions appear in red text.Signed by the Honorable Rebecca R. Pallmeyer on 3/17/2020. Mailed notice. (tg, ) (Entered: 03/18/2020) |
| 03/16/2020 | 51 | ORDER as to Edward Lee Filer, Robert Joseph Gereg, Paul Michael Kelly Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020. Mailed notice. (td, ) (Entered: 03/17/2020) |
| 02/26/2020 | 50 | MINUTE entry before the Honorable Harry D. Leinenweber: Status hearing and arraignment proceedings held as to defendants Filer and Kelly only. Defendants Filer and Kelly waive formal reading and enter a plea of not guilty to the superseding indictment. Status hearing held as to defendant Gereg. Defendant Gereg will be arraigned at the 4/23/20 status hearing. Status hearing set for 4/23/20 at 9:00 a.m. for all defendants. In the interest of justice, time is excluded through and including 4/23/20 pursuant to 18 U.S.C. § 3161(h)(7)(A)(B). Mailed notice(maf) (Entered: 02/26/2020) |
Eleventh Circuit: Federal Judge Abused His Powers By Documented Perjury, But He Can Still Preside Over Case
A 3-Panel consisting of familiar Judges Charles Wilson, Kevin Newsom and R Lanier Anderson defies logic and the law in this perverted opinion.
Redlining: Goodwin Law Bankin’ On Corrupt Federal Judge(s) and They’ve Been Blessed in Illinois
AG Merrick Garland announced he would stop redlining. LIT told him the first case should be this one in Illinois. Here’s what happened next.
The Big Question is Asked of The Court of Appeals for the Eleventh Circuit
The scope of judicial immunity in the Eleventh Circuit is now made clear. Judicial immunity is complete, unqualified, and without exception.
