Posted by A Cozzini Martini on August 27, 2010 at 23:11:20:
Swindler faked doc's note to avoid prison, feds say
Hernandez cheated hundreds, used cash for Sports Webio
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August 27, 2010
BY CHERYL V. JACKSON cjackson@suntimes.com
A man who pleaded guilty to swindling millions of dollars out of hundreds of investors to fund an Internet-based sports radio site has found a novel way to stay out of prison, federal prosecutors say.
He submitted a fake doctor's note, they said.
» Click to enlarge image Federal authorities want David Hernandez's bond revoked after they said he submitted a fake doctor's note.
Feds want David Hernandez's bond revoked after he submitted the note saying he was to begin treatment for cancer and, though wearing a home detention monitoring device, left his home to go to the hospital without the knowledge of court support staff.
Hernandez was arrested Thursday morning, but at a later hearing, Judge Robert W. Gettleman put off a decision on the bond-revocation request until a status hearing next week and allowed Hernandez to return to his Downers Grove home, said U.S. attorney spokesman Randall Samborn. In testimony by telephone Thursday, Dr. Umang Patel said he didn't write the letter, which the government on Aug. 18 got via e-mail from Hernandez's lawyer stating that on Monday, he would be receiving medical treatment -- including radiation, chemotherapy and surgery -- over the next several months. The doctor said he didn't have cancer.
The feds also say Hernandez is a flight risk. After securities regulators raided his NextStep office in June 2009, Hernandez fled the Chicago area and was nabbed in Normal after a few days and an attempted suicide.
"The brazen nature of defendant's current deceptive acts demonstrates that the risk of non-appearance has heightened," the complaint said.
His lawyer gave a copy of the letter to the court during an Aug. 19 status hearing, which Hernandez missed, having led a court support officer to believe he was being treated for a stroke, prosecutors said. The support officer also allowed Hernandez to leave his home on Monday based on the letter and he did not return to his home as scheduled, prosecutors said.
Hernandez in January pleaded guilty to a mail fraud count, admitting to bilking investors out of about $6.3 million, and has been free on bond pending sentencing.
He diverted money to Chicago Sports Webio, an Internet-based radio station featuring sports radio personality Mike North.