People v. Zaibak

Illinois Appellate Court
Criminal Court
Fraud
Citation
Case Number: 
2014 IL App (1st) 123332
Decision Date: 
Monday, December 8, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
HARRIS
Defendant was convicted, after bench trial, of three counts of organizing a continuing financial crimes enterprise, for fraud involving real estate loans on multiple properties. State presented sufficient evidence to prove commission of predicate offense of three loan frauds within 18-month period. Defendant occupied role of organizer or supervisor, and made agreements with others to commit theft by deception as to mortgage, and failed to disclose agreements to banks. Statute does not require that Defendant must have had both leadership role and control over every other person in conspiracy, but only to have occupied one of the roles of organizer, supervisor, or financier, or position of management.(CUNNINGHAM and CONNORS, concurring.)