Illinois Charges

A complaint filed by the Illinois Administrator alleges misconduct in multiple matters

On or about May 17, 2021, Respondent met S.M. in the lobby of the Peoria Marriott Pere Marquette Hotel in Peoria, Illinois, to discuss Respondent’s potential representation of S.M.’s husband, D.M., who had been charged in a federal criminal matter in the United States District Court for the Central District of Illinois. Respondent and S.M. agreed that Respondent would represent D.M. and would charge D.M. $15,000 if the criminal matter proceeded to a trial, and $10,000 if D.M. pled guilty to the pending charges.

On May 17, 2021, S.M. agreed to Respondent’s representation of her husband D.M. and, at the hotel that day, paid Respondent $3,750 in cash.

At the time Respondent met with S.M., her husband, D.M., was in federal custody in the Peoria County Jail and remained in custody during the course of Respondent’s representation of him.

On or about May 17, 2021, during their meeting at the hotel, S.M. attempted to purchase coffee from the Starbucks located in the hotel’s lobby but was advised that the coffee shop was closing. At the conclusion of their meeting, S.M. informed Respondent that she was going back to work and provided Respondent with the name of her business. Later that day, Respondent appeared, unannounced, at S.M.’s business and brought her coffee. Respondent complimented S.M. on her appearance, but S.M. did not respond.

After he had entered his appearence in the federal case

Between May 18, 2021 and October 22, 2021, Respondent met S.M. on at least six occasions, which included two meetings at her place of business, one meeting at a Denny’s restaurant, one meeting at a Mexican restaurant in Peoria, and at least two meetings at her home in Peoria. During each meeting, Respondent’s behavior became increasingly inappropriate. In his conversations with S.M., Respondent discussed oral sex with S.M. and invited her to join him on a trip to California to attend a Chicago Bears game, which S.M. declined.

Between May 18, 2021 and October 22, 2021, Respondent sent S.M. numerous text messages that were flirtatious in nature from his cell phone, and messages via Google Voice, and Facebook Messenger. In a few of his messages, Respondent stated that he would like S.M. to send nude pictures of herself to Respondent.

S.M. received a subpoena to testify in the case; she secured other counsel when Respondent advised her he could not represent her

On October 22, 2021, at approximately 2:15 p.m., Respondent appeared at S.M.’s home in Peoria and discussed D.M.’s case with her.

At no time prior to appearing at S.M.’s home on October 22, 2021, did Respondent contact Roberts and obtain his consent to speak with S.M. about the case.

On October 22, 2021, while at S.M.’s house, Respondent grabbed the back strap of S.M.’s bra as she walked past the chair in which Respondent was seated, causing her bra to become unhooked. When S.M. realized that her bra became unhooked, she quickly walked towards her bedroom. Respondent followed S.M. and entered into S.M.’s bedroom without her knowledge or consent.

When S.M. realized that Respondent had followed her into her bedroom, S.M. told Respondent to leave. Respondent did not leave S.M.’s bedroom and stated, “I just want to take a picture of it. I want to see what your husband’s so crazy about.” Respondent then pushed S.M. onto her bed and proceeded to take off her clothes and removed his own clothes. S.M. repeatedly told Respondent “no” and told him several times that she was “dirty” in hopes that Respondent would leave. Respondent vaginally penetrated S.M. with his penis. Respondent then ejaculated into his hand, after which he cleaned up and then informed S.M. that he was going to Springfield to obtain a concealed carry permit.

After Respondent left S.M.’s residence, S.M. called her brother and his wife, and told them that Respondent had raped her. S.M.’s brother and his wife thereafter arrived at S.M.’s home and urged S.M. to contact the police. S.M. advised them that she was worried that reporting Respondent to the police would result in Respondent not properly representing D.M. at his upcoming trial which was scheduled for November 1, 2021. S.M. did agree to go to Methodist Hospital in Peoria so that a rape kit could be completed. While at Methodist Hospital, S.M. told hospital personnel that she did not want to report the rape to police. Hospital personnel completed a rape exam and contacted the Peoria Police Department to retrieve the rape kit. Peoria Police Department collected the rape kit at approximately 11:46 p.m. for storage.

She advised her attorney of the rape.

On November 1, 2021, Respondent appeared as counsel for D.M. at his criminal jury trial, which resulted in a partial verdict. D.M. was found guilty on one of three charges that were filed against him. The jury did not reach a unanimous verdict on the remaining two charges and a new trial on those two charges was scheduled for April 4, 2022.

S.M. then reported the sexual assault; Respondent withdrew from the criminal case.

Unrelated allegations

In May 2021, the Grand Jury of McClean County charged J.M. in an eight-count indictment with the felony criminal offense of burglary and misdemeanor retail theft. This matter was docketed by the clerk of the circuit court as People of the State of Illinois v. [J.M.], case number 2021CF000543.

At the time that Respondent agreed to represent and entered his appearance as J.M.’s counsel, he did not have an ongoing sexual relationship with her.

Several months after being retained by J.M. and while he was still representing her in case number 2021CF000543, Respondent had sexual relations with J.M. in his office.

A client in a drug case

In the summer of 2019, while he was still representing her in case number 2019CR445701, Respondent had sexual relations with J.H. in his office.

A final charge involves an alleged conflict of interest

On or before March 2021, Respondent met B.S. in the Kankakee County courthouse when B.S. asked Respondent for his business card. Respondent did not have any business cards, so he and B.S. exchanged cell phone numbers. Respondent had not previously represented B.S. in any legal matters.

Between March 2021 and October 2021, Respondent and B.S. communicated with each other by sending messages to each other via Facebook Messenger. On at least two occasions, Respondent transferred money to B.S.’s Cash App account. Cash App is a mobile payment service that allows users to transfer money to one another using a mobile phone application. On at least one occasion, after Respondent transferred money to B.S.’s Cash App account, B.S. sent pictures of herself, including pictures of herself in undergarments and pictures exposing her genital area to Respondent.

Prior to July 27, 2022, B.S. and M.G. were arrested and charged in connection with the same criminal enterprise.

On July 27, 2022, Respondent filed his appearance as counsel for M.G., the defendant in Kankakee County criminal case number 2022CF446, People of the State of Illinois v. [M.G.]. In that matter, the Kankakee County State’s Attorney charged M.G. with unlawful possession of controlled substances with the intent to deliver. On the same date, B.S. was arrested and charged with unlawful delivery of a controlled substance.

On or about August 29, 2022, the Kankakee County State’s Attorney tendered discovery to Respondent, including the names of the persons the State’s Attorney intended to call as witnesses in case number 2022CF446. B.S. was one of the persons that the State’s Attorney disclosed as a witness they intended to call.

Respondent did not disclose the communications but the State’s Attorney discovered them

On September 8, 2023, Respondent filed a motion to withdraw as counsel for M.G. in case number 2022CF446, and informed the court that a non-waivable conflict of interest existed and required his withdrawal as counsel for M.G. The court allowed Respondent to withdraw from the matter.

(Mike Frisch)