People v. Radojcic

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Radojcic, his daughters, his attorney Helfand, and the office manager for one of his companies, were indicted for 52 financial crimes involving fraud on mortgage lenders. It was also alleged that Radojcic, while owing the IRS more than two million dollars, fraudulently obtained rental checks exceeding $500,000 from the U.S. Department of Housing and Urban Development. After discovery, the state indicated its intent to call Helfand as a witness in exchange for use immunity. Helfand and Radojcic objected, asserting attorney-client privilege, and the trial court struck Helfand’s name from the state’s witness list. The appellate court reversed. The Illinois Supreme Court affirmed, based on the crime-fraud exception to the attorney-client privilege, which applies when a client seeks the services of an attorney in furtherance of criminal or fraudulent activity. Transcripts of grand jury testimony met the standard of providing a reasonable basis to suspect the perpetration, or attempted perpetration, of a crime or fraud by Radojcic and a reasonable basis to suspect that communications with Helfand were in furtherance of the fraudulent scheme. The state met its burden of overcoming the privilege; there was no need to examine Helfand in camera prior before trial testimony. The only attorney-client communications that are subject to disclosure are those related to transactions identified in the indictment.View "People v. Radojcic" on Justia Law